Bye-Law of Vietnam Cooperative Alliance
THE PRIME MINISTER
No: 1328/QD-TTg |
SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - Happiness
Hanoi, 23rd July 2021 |
DECISION
In accordance with the Law on Governmental Organizations dated 19th June 2015; Law on revision and supplement of some Articles of Law on Governmental Organizations and Law on Local Authority Organizations dated on 22 November 2019;
In accordance with the Law on Cooperatives dated on 20th November 2012;
In consideration of the proposal of the Minister of Internal Affairs at the Report No 2015/TTr-BNV dated on 10th May 2021 on the approval of the Bye-Law of the Vietnam Cooperative Alliance;
DECIDES:
Article 1: Approve the Bye-Law of Vietnam Cooperative Alliance adopted by the VI National Representative Congress of Vietnam Cooperative Alliance on 21st December 2020 (the full text of the Bye-Law of Vietnam Cooperative Alliance is enclosed herewith this Decision).
Article 2: This Decision shall come into effect from the signed date and shall replace the Decision No 105/QD-TTG dated on 24th January 2017 of the Prime Minister.
Article 3: Ministers, Heads of ministerial ranking agencies, Heads of agencies of the government, Chairmen of city and provincial People’s Committees under the central government, the President of Vietnam Cooperative Alliance and related organizations in charge of implementing this Decision./.
To: - Central Party Secretariat Committee; - Prime Minister, Vice Prime Ministers; - Ministries, Ministerial ranking agencies; agencies under the Central Government; - People’s Councils, People’s Committees in the provinces and cities under the central level; - Central Office and Committees of the Party; - Presidential Office; - Ethnic Minority Council and Committees of the National Assembly; - National Assembly Office; - Supreme Justice People’s Court; - The Supreme People's Procuracy of Vietnam; - National Financial Inspection Committee; - State Audit; - Central Fatherland’s Front of Vietnam; - Central Mass Organizations; - Governmental Office: Minister, Vice Ministers; Prime Minister Assistant; General Director of Electronic Information Port; Depts: KTTH, TCCV, QHDP, PL, CN; - Archives: VT, NN (3b), 108 |
FOR. PRIME MINISTERVICE PRIME MINISTER
Signed Le Minh Khai
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THE PRIME MINISTER |
SOCIALIST REPUBLIC OF VIETNAMIndependence - Freedom - Happiness |
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Under the leadership of the Communist Party of Vietnam, through over half of a century of existing and developing the collective economy that cooperatives in Vietnam have contributed significantly to and towards the cause of the nation’s liberation and building and protecting the country, the Socialist Republic of Vietnam, together with the State Economy to become a strong backbone of the National Economy. Vietnam Cooperative Alliance (herein after called VCA) is the apex organization that is the national representative of cooperatives, federations of cooperatives, pre-cooperatives and other forms that allow voluntarily participation; follow the philosophy of the Party, policies and laws of the State on the development of the collective economy.
Article 1: Name
- Name in Vietnamese: LIEN MINH HOP TAC XA VIET NAM
- Name in English: VIETNAM COOPERATIVE ALLIANCE
- Abbreviated name: VCA
Article 2: Vision and Objectives
Vietnam Cooperative Alliance is an organization established to represent cooperatives, federations of cooperatives, pre-cooperatives and others, established in accordance with the laws in Vietnam and profess activities related to the collective economy, voluntarily established cooperatives (hereafter call members); protect the legitimate rights and benefits of members, authorized by the Party and the State to assign the missions, maintain key roles and promote the development of the collective economy, cooperatives, become a bridge between the Party, the State and the collective economy sector, contribute to the cause of socio-economic development of the country.
Article 3: Legal status, Head office, and Logo
- Vietnam Cooperative Alliance shall enjoy a distinct legal status, stamp, its own bank account and shall operate in accordance with the laws of Vietnam and in line with the Bye-Law.
- The head office of Vietnam Cooperative Alliance located in Hanoi city – the capital of the Socialist Republic of Vietnam.
- Vietnam Cooperative Alliance shall have its own logo as annexed, registered patent stipulated in the laws.
Article 4. The scope of operation
- Vietnam Cooperative Alliance extends its operation across the country.
- Vietnam Cooperative Alliance is a member of Vietnam Fatherland’s Front; can join as members of respective regional and international organizations as stipulated in the laws.
Article 5. Principles of organization and operation
- Follow the advocacies and principles of the Party, the Legislature, laws and the Bye-Law.
- Ensure the comprehensive and regular leadership of the Party, the unified management of the State as stipulated in the laws.
- Voluntary, democracy, equality, openness, transparency, and unification in objectives and actions.
- Cooperation and association for the sustainable development of cooperatives, federations of cooperatives, pre-cooperatives and communities.
- Vietnam Cooperative Alliance system includes Vietnam Cooperative Alliance and the Provincial/City Cooperative Alliances (hereinafter called Provincial Cooperative Alliance) are organized and operated according to the Bye-Law of Vietnam Cooperative Alliance.
Article 6. Functions
- Represent, care for and protect the legitimate rights, interests of members; represent members in relations with domestic and international organizations according to the provisions of laws.
- Propagate, disseminate the guidelines of the Party, the policies and laws of the State on the collective economy, cooperatives.
- Propose, petition to participate in the formulation of the guidelines of the Party, the policies and laws of the State, programs, projects related to the development of the collective economy, cooperatives.
- Consult, support, perform public services and economic activities in service of the development of the collective economy, cooperatives; promote the building of harmony and sustainable industrial relations in cooperatives, federations of cooperatives, pre-cooperative.
- Gather, connect, guide members to cooperate and mutualize help to develop and progress together; cooperate to build and strengthen the system of Vietnam Cooperative Alliance for sustainable development of communities and the nation.
Article 7. Duties
- Organize and implement the guidelines of the Party, the policies and laws of the State on the collective economy, cooperatives.
- Coordinate with Vietnam Fatherland’s Front and its member organizations, other social organizations to build and develop the collective economy, cooperatives according to the guidelines of the Party, the policies and laws of the State; carry out the supervision and social feedback related to the collective economy, cooperatives according to the provisions of laws.
- Guide members to implement the guidelines of the Party, the policies and laws of the State on the development of the collective economy, cooperatives.
- Coordinate with ministries, branches, agencies, organizations in formulating and effectively implementing strategies, master plans, plans, projects, schemes and programs on socio-economic development related to the development of the collective economy, cooperatives.
- Gather opinions and aspirations of members to propose and recommend to competent authorities at central and provincial levels.
- Obtain authorization, on behalf of the members to perform the duties, measures to protect the legitimate rights and interests of members under the provisions of laws.
- Gather and advocate the development of the collective economy, cooperatives; building and replicating the effective collective economy, cooperatives in fields, industries and provinces nationwide. Organize research and test the implementation and transfer new business models; supporting the development of the network of organizations and members within Vietnam Cooperative Alliance.
- Organize consultancy, support, and provide public services to members on matters concerning legal, investment, science and technology, training, information, finances, credit, market, audit, insurance, quality inspection and other sectors as prescribed by laws.
- Organize economic activities with the aim of developing Vietnam Cooperative Alliance and supporting members; mobilize legal domestic and international resources to invest in developing the collective economy, cooperatives in accordance with the laws.
- Join international organizations and non-governmental organizations, develop the cooperation relations with organizations in other countries in accordance with the laws; receive and organize the implementation of aid, support programs and projects for the development of the collective economy, cooperatives in accordance with the laws.
- Gather and connect with the aim to develop capacity of members; consolidate, renew the organization and its operations; provide training, capacity building and knowledge exchange for officers and organize emulation campaigns within Vietnam Cooperative Alliance.
- Coordinate with the Provincial Party Committee and local government on the organization and operation of the Provincial Cooperative Alliance; build, implement solutions, programs, plans and projects on developing the collective economy, cooperatives in the provinces and cities under the central government.
- Perform tasks in developing the collective economy, cooperatives assigned or authorized by the Party and the State, the Government, ministries, branches and local governments.
- Perform other duties as prescribed by the laws.
Article 8. Members of Vietnam Cooperative Alliance
- Vietnam Cooperative Alliance has official members, associate members, and honorary members.
- Official members are cooperatives, federations of cooperatives, pre-cooperatives, socio-professional organizations representing cooperatives according to their fields, sectors and economic organizations related to the collective economy, cooperatives across the country that voluntarily join and approve the Bye-Law of Vietnam Cooperative Alliance.
- Associate members are economic organizations, socio-professional organizations, social organizations, associations, scientific research agencies, training schools and other organizations (not in the prescribed cases in Clause 2 of this Article) nationwide that voluntarily join and confirm the Bye-Law of Vietnam Cooperative Alliance.
- Honorary members are citizens and organizations of Vietnam that are reputable and have made great contributions to the performance of tasks of Vietnam Cooperative Alliance.
- A member of the Provincial Cooperative Alliance is a member of Vietnam Cooperative Alliance.
- Criteria, conditions and procedures for members joining shall be prescribed by the Executive Committee of the Vietnam Cooperative Alliance in accordance with the provisions of Laws and the Bye-Law.
Article 9. Rights of members
- Vietnam Cooperative Alliance shall:
- a) Protect legitimate rights and interests of members in accordance with the laws;
- b) Support, consult and provide services to facilitate the development of production and business; help when members seek assistance;
- c) Support in training and fostering officials and employees of members according to the provisions of the laws;
- d) Provide information related to the collective economy, cooperatives and activities of Vietnam Cooperative Alliance;
đ) Reward or request a competent agency or organization to reward in accordance with the laws;
- Participate in activities:
- a) Discuss, propose, recommend on policy and law issues related to the activities of Vietnam Cooperative Alliance;
- b) Participate in the economic activities of Vietnam Cooperative Alliance, have legitimate rights and benefits as stipulated by the laws;
- c) Other activities organized by Vietnam Cooperative Alliance.
- Represent the elected official members to attend the National Representative Congress of Vietnam Cooperative Alliance; stand for, nominate, elect to the Executive Committee and the Inspection Committee of Vietnam Cooperative Alliance; discuss other works of Vietnam Cooperative Alliance in accordance with the provisions of Vietnam Cooperative Alliance.
- Cease to be a member of Vietnam Cooperative Alliance upon a written request and in accordance with the Bye-Law.
Article 10. Obligations of members
- Abide by the guidelines of the Party, the policies and laws of the State, the Bye-Law, Resolutions and regulations of Vietnam Cooperative Alliance.
- Participate in activities of Vietnam Cooperative Alliance system; unite and cooperate with members to realize common objectives and interests.
- Protect the reputation of Vietnam Cooperative Alliance system; may not act on behalf of Vietnam Cooperative Alliance in transaction relations, unless authorized in writing by Vietnam Cooperative Alliance.
- Comply with the reporting and information regime as prescribed by Vietnam Cooperative Alliance.
- Pay membership fees according to the Bye Law of Vietnam Cooperative Alliance.
Article 11. Membership termination
- Membership terminates upon:
- a) Dissolution;
- b) Bankruptcy;
- c) Voluntarily cease to be a member;
- d) Other cases as prescribed by the Executive Committee of Vietnam Cooperative Alliance.
- After ceasing to be a member, organizations, individuals are responsible for fulfilling all obligations, tasks or commitments (if any) that have not been completed during the time of being a member of Vietnam Cooperative Alliance.
Article 12. Rights and obligations of associate members, honorary members
Associate members, honorary members enjoy the same rights and obligations as official members, except for the right to vote on issues of Vietnam Cooperative Alliance and the right to stand for, nominate, elect to the Executive Committee, the Inspection Committee of Vietnam Cooperative Alliance.
Article 13. Organizational apparatus
The organizational apparatus of Vietnam Cooperative Alliance, including:
- National Representative Congress.
- Executive Committee.
- Steering Committee.
- Standing Committee (including the President, the Vice Presidents).
- Inspection Committee.
- Vietnam Cooperative Alliance Agency.
Article 14. National Representative Congress
- The National Representative Congress is the highest decision making body of Vietnam Cooperative Alliance.
- The National Representative Congress shall be held according to the term or extraordinary Congress. The term of the Congress is every 5 years. The Extraordinary Congress is convened at the request of at least 2/3 (two thirds) of the total Executive Committee members of Vietnam Cooperative Alliance. The Congress is convened by the Executive Committee of Vietnam Cooperative Alliance.
- The term or extraordinary Congress is organized when more than 1/2 (one half) of the official delegates are present.
- Objectives of the Congress
- a) Discuss and approve the 5 year term report, directions, objectives and tasks for the next term;
- b) Discuss and approve the 5 year term report of the Executive Board, the Steering Committee, the Standing Committee and the Inspection Committee;
- c) Discuss and approve of any amendments to the Bye-Law;
- d) Elect the Executive Committee, the Inspection Committee;
đ) Other contents (if any);
- e) Approve the Resolution of the Congress.
- Voting principles of the Congress
- a) The Congress shall vote by show of hands or secret ballot; the form of voting shall be decided by the Congress;
- b) The Resolutions or the decisions of the Congress are adopted when more than 1/2 (one half) of the total official delegates are present at the Congress for approval, unless otherwise stipulated in Point c, Clause 5 of this Article;
- c) Any amendment to the Bye-Law must be approved by more than 2/3 (two third) of the total number of official delegates are present at the Congress.
Article 15. Executive Committee
- The Executive Committee is the highest decision making authority of Vietnam Cooperative Alliance between the two terms of Congresses, elected by the National Representative Congress. The number, structure, criteria of members of the Executive Committee shall be decided by the Congress. The term of the Executive Committee is the same as the term of the Congress.
- Duties and powers of the Executive Committee
- a) Organize the implementation of resolutions of the Congress and the Bye-Law;
- b) Lead and approve the preparation of the contents of the Congress; convene the Congress in accordance with the provisions of the Bye-Law;
- c) Decide on long-term and medium-term strategies, programs and plans, the list of schemes and plans belonging to the tasks of Vietnam Cooperative Alliance, or submit to competent agencies for decision;
- d) Approve the annual report and decide on the objectives, tasks and solutions of the following year;
đ) Promulgate the operating regulations of the Executive Committee, the Steering Committee, the Standing Committee, the Inspection Committee and the Regulation on emulation, reward and discipline;
- e) Elect the members of the Steering Committee, President and Vice Presidents; the members of the Inspection Committee, Chairman and Vice Chairmen of the Inspection Committee;
- g) Elect supplement, dismiss, remove the members of the Executive Committee, the members of the Steering Committee, the President, the Vice Presidents, members of Inspection Committee, Chairman and Vice Chairmen of the Inspection Committee between two Congresses;
- h) Prescribe criteria, conditions and procedures for member admission; conditions and procedures for membership termination;
- i) Perform emulation, reward and discipline work in accordance with the laws, the Bye-Law and the regulations of the Executive Committee.
- Operating principles of the Executive Committee
- a) Comply and operate in accordance with the guidelines of the Party, the provisions of the laws and the Bye-Law and the regulations of the Executive Committee;
- b) The Executive Committee meets regularly twice a year in the middle of the year and at the end of the year; the Extraordinary Executive Committee meeting is at the request of the Steering Committee or 1/2 (one half) of the total Executive Committee members. When necessary, the President of Vietnam Cooperative Alliance sends the request in writing to receive the comments of the Executive Committee members as stipulated in the Regulation of the Executive Committee;
- c) Meeting of the Executive Committee is valid when more than 1/2 (one-half) of the total Executive Committee members attend the meeting;
- d) Resolutions and decisions of the Executive Committee are approved when 1/2 (one half) of the total Executive Committee members voting approval; the form of voting by show of hands or secret ballot, decided by the meeting. In case the number of Executive Committee members voting equal approval-disapproval, the decision belongs to the opinion of the President of Vietnam Cooperative Alliance;
đ) When any member of the Executive Committee no longer holds a position in organization that is a candidate to be elected in the Executive Committee, is automatically not a member of the Executive Committee.
Article 16. Steering Committee
- The Steering Committee is the leading body of Vietnam Cooperative Alliance between two meetings of the Executive Committee, elected by the Executive Committee among the Executive Committee members; the Steering Committee includes: President, Vice Presidents and members; number, structure and qualifications of the Steering Committee members decided by the Executive Committee; the term of the Steering Committee is the same as the term of the Congress.
- Duties and rights of the Steering Committee
- a) Assist the Executive Committee in implementing the resolutions of the Congress and the Bye-Law; organize the implementation of resolutions of the Executive Committee;
- b) Guide the formulation of regulations, organizational apparatus and operation of the Provincial Cooperative Alliances;
- c) Prepare the agenda and contents of the meeting of the Executive Committee and the National Representative Congress of Vietnam Cooperative Alliance;
- d) Convene regular and extraordinary meetings of the Executive Committee;
đ) Decide on the participation of Vietnam Cooperative Alliance in domestic and international organizations in accordance with the laws;
- e) Carry out emulation, reward and discipline work in accordance with the laws, the Bye-Law and the regulations of the Executive Committee.
- Operating principles of the Steering Committee:
- a) Comply and operate in accordance with the guidelines of the Party, the provisions of the laws, the Bye-Law and regulations promulgated by the Executive Committee;
- b) The Steering Committee meets at least every 3 months at the end of each quarter; the Steering Committee has extraordinary meeting at the request of the Standing Committee of Vietnam Cooperative Alliance or more than 1/2 (one half) of the total Steering Committee members. When necessary, the President of Vietnam Cooperative Alliance sends the request in writing to receive the comments of the Steering Committee members as stipulated in the Regulation of the Executive Committee;
- c) The meetings of the Steering Committee are valid when more than 1/2 (one half) of the total Steering Committee members attend the meeting;
- d) Resolutions, decisions of the Steering Committee are adopted when more than 1/2 (one half) of total Steering Committee members vote for approval; the form of voting by showing hands or secret ballot, decided by the Steering Committee; in case the number of voting equal approval-disapproval, the final decision belongs to the decision of the President of Vietnam Cooperative Alliance.
Article 17. Standing Committee
- The Standing Committee consists of the President and Vice-Presidents.
- Duties and rights of the Standing Committee
- a) Manage, handle daily and regular affairs of Vietnam Cooperative Alliance and unexpected arising issues under the authority of the Executive Committee, the Steering Committee between the two meetings; report to the Steering Committee at the latest meeting;
- b) Prepare contents, programs and plans of activities of the Steering Committee;
- c) Convene regular and extraordinary meetings and the Steering Committee;
- d) Actively coordinate with central committees, ministries, branches and organizations to perform tasks within the functions and tasks of Vietnam Cooperative Alliance; thoroughly grasp and organize the effective implementation of the guidelines of the Party, the policies and laws of the State on the collective economy, cooperatives;
đ) Preside over and actively coordinate with the provincial Party Committees and authorities in formulating and implementing plans, programs, schemes, projects and solutions for the development of on the collective economy, cooperatives; coordinate the organization and operation of the Provincial Cooperative Alliances;
- e) Decide the allocation, use and finalization of the State budget source in accordance with the provisions of the laws; mobilize legitimate resources for the development of cooperative economy, cooperatives and operation of Vietnam Cooperative Alliance;
- g) Organize and manage the supportive departments and legal entities under Vietnam Cooperative Alliance;
- h) Direct, guide, supervise and facilitate the operation of the Provincial Cooperative Alliances and its members;
- i) Represent Vietnam Cooperative Alliance at domestic and foreign agencies and organizations as prescribed by the laws.
Article 18. President, Vice-Presidents
- The President and Vice-Presidents are elected by the Executive Committee among the Steering Committee members.
- President is the legal representative of Vietnam Cooperative Alliance and is responsible before the laws for the operation of Vietnam Cooperative Alliance.
- Duties and rights of the President:
- a) Perform the rights and the duties in accordance with the Regulations promulgated by the Executive Committee;
- b) Take responsibilities before the Party and State, the Government, the Prime Minister, the Executive Committee, the Steering Committee for the operation of Vietnam Cooperative Alliance; direct and administer the activities of Vietnam Cooperative Alliance in accordance with the provisions of the Bye-Law, the Resolution of the Congress, resolutions, decisions and regulations of the Executive Committee, the Steering Committee and the Standing Committee;
- c) Convene, direct the preparation and chair the meetings of the Standing Committee of Vietnam Cooperative Alliance; direct the preparations and chair the meetings of the Executive Committee and the Steering Committee;
- d) On behalf of the Executive Committee, the Steering Committee, the Standing Committee and according to its competence, sign documents within the functions and tasks of Vietnam Cooperative Alliance;
đ) Assign Vice Presidents to perform tasks, fields and works within the functions and tasks of Vietnam Cooperatives Alliance;
- e) In the absence of the President, the direction and administration of the work shall be authorized in writing to at least one Vice President.
- The Vice Presidents assist the President in directing and administering the work as assigned by the President; take responsibilities before the President and before the laws for the fields and tasks assigned or authorized by the President. The Vice Presidents shall perform his/her duties and rights in accordance with the regulations of the Party, the laws of the State, the Bye-Law and the Regulations of the Executive Committee, the Steering Committee and Standing Committee and as assigned by the President.
Article 19. Inspection Committee
- The Inspection Committee is elected by the Congress. The Chairman and Vice Chairmen of the Inspection Committee are elected by the Executive Committee. The Chairman of the Inspection Committee is a member of the Steering Committee. The term of the Inspection Committee is the same as the term of the Congress. The additional election, dismissal, removal of Chairman, Vice Chairmen, Members of the Inspection Committee between two Congresses is decided by the Executive Committee of Vietnam Cooperatives Alliance.
- Duties and rights of the Inspection Committee
- a) Inspect and supervise the implementation of the Bye-Law and Resolutions of the Congress and the Executive Committee, the Steering Committee; supervise the implementation of plans, programs, schemes and projects of Vietnam Cooperative Alliance; examine and supervise the financial management of Vietnam Cooperative Alliance (except for funds allocated from the State budget);
- b) Guide and train in inspecting knowledge, urge, receive and synthesize reports of the Inspection Committees of the Provincial Cooperative Alliances; assign and coordinate with the Inspection Committees of the Provincial Cooperative Alliances to protect the legitimate rights and interests of members according to the regulations promulgated by the Executive Committee;
- c) Propose the forms of disciplines to the organizations and individuals in case of violations to the Executive Committee;
- d) Protect the legitimate rights and interests of the members;
đ) Settle, recommend and propose to solve accusing, complaint letters related to the legitimate rights and interests of the members as stipulated by the laws;
- e) Report to the Congress, the Executive Committee, the Steering Committee on the performance of tasks, rights and proposals of the Inspection Committee.
- Working Principles of the Inspection Committee:
The Inspection Committee is under the direction of the Executive Committee and the Steering Committee; operate in accordance with the regulations promulgated by the Executive Committee; resolutions and decisions of the Inspection Committee are adopted when more than 1/2 (one half) of the total Inspection Commission members express vote for.
Article 20. Agency of Vietnam Cooperative Alliance
- The Vietnam Cooperative Alliance Agency consists of the Standing Committee, the administration office, specialized departments and legal entities established in accordance with the laws.
- The administration office, regional representative offices, specialized departments, legal affiliated units and organizations under Vietnam Cooperative Alliance organize and operate according to the provisions of the laws and regulations of the Standing Committee.
Article 21. Advisory Council of Vietnam Cooperative Alliance
The Advisory Council consists of experts, scientists and managers who are fully qualified, knowledgeable, capable and enthusiastic about the collective economy, cooperatives. The Advisory Council is responsible for advising the Steering Committee and the Standing Committee to effectively implement the functions, tasks and rights in accordance with the provisions of the Bye-Law. The Steering Committee decides the organization and promulgates regulations on the operation of the Advisory Council.
Article 22. Organization and operation
- Provincial Cooperative Alliances are established in provinces and cities under the central government and become members of Vietnam Cooperative Alliance, subject to the leadership and direction of the provincial Party Committee, City Party committee and State management of the People's Committees of the provinces and the direction, the guidance of Vietnam Cooperative Alliance.
- Organization and operation of the Provincial Cooperative Alliances shall comply with the Bye-Laws of the Provincial Cooperative Alliances approved by the Presidents of the Provincial People's Committees. The Bye-Law of the Provincial Cooperative Alliances is unified on the content, the form and the effect of the Bye-Law of Vietnam Cooperative Alliance.
- The organizational apparatus of the Provincial Cooperative Alliance includes: the Plenary Congress or the Representative Congress; the Executive Committee; the Steering Committee; the Standing Committee, the supportive departments and legal organizations under the Provincial Cooperative Alliance; the Inspection Committee.
- Congress of the Provincial Cooperative Alliance:
- a) All Provincial Cooperative Alliances organize their congresses in accordance with the term of the Congress of Vietnam Cooperative Alliance; the organization of the Plenary Congress or the Representative Congress shall be decided by the Executive Committee of Vietnam Cooperative Alliance;
- b) Congress of Provincial Cooperative Alliance shall perform their tasks in accordance with the Provisions of Article 14 of the Bye-Law, discuss and give opinions on the documents about the Congress of Vietnam Cooperative Alliance, the Bye-Law (amended), elect delegates to attend the National Representative Congress of Vietnam Cooperative Alliance.
- The President and the Vice President of the Provincial Cooperative Alliance are elected by the Executive Committee of Provincial Cooperative Alliance among the Steering Committee members.
- The Inspection Committee is elected by the Congress. The Chairman, the Vice Chairmen of the Inspection Committee are elected by the Executive Committee of the Provincial Cooperative Alliance. The Chairman of the Inspection Committee is a member of the Steering Committee. The term of the Inspection Committee is the same as the term of the Congress. The additional election, removal, dismissal of the Chairman, the Vice Chairman, the members of the Inspection Committee between two Congresses are decided by the Executive Committee of the Provincial Cooperative Alliance. The Inspection Committee of the Provincial Cooperative Alliance operates in accordance with the Regulations issued by the Provincial Executive Committee and the regulations issued by the Executive Committee of Vietnam Cooperative Alliance and the Regulations of the Inspection Committee of Vietnam Cooperative Alliance.
- Provincial Cooperative Alliance (PCA) reports to Vietnam Cooperative Alliance before and after the election for the Executive Committee members, the Steering Committee members, President, Vice Presidents, the Inspection Committee members, Chairman and Vice Chairmen of the Inspection Committee.
- Provincial Cooperative Alliance Agency includes:
- a) Standing Committee;
- b) Supportive Divisions, Departments;
- c) Affiliated organizations with legal status under Provincial Cooperative Alliance.
- Provincial Cooperative Alliance may set up the Advisory Council.
Article 23. Assets, finances
The assets, finances of Provincial Cooperative Alliance shall comply with the Provisions of Article 24, Article 25 of the Bye-Law.
Article 24. Assets and finances of Vietnam Cooperative Alliance
- The assets of Vietnam Cooperative Alliance, include: head office, working equipment and other legal assets of Vietnam Cooperative Alliance and its affiliated organizations with legal status. These assets are accumulated from the State budget, donation; fees collected from the economic activities and services of Vietnam Cooperative Alliance, affiliated organizations with legal status under Vietnam Cooperative Alliance as prescribed by the laws and aids, sponsorship and donations provided by domestic and foreign organizations and individuals in accordance with the laws.
- Finances
- a) Receivables, including:
- State budget sources to perform tasks assigned by the State and for operation in accordance with the provisions of the Law on the State budget and the relevant documents.
- Membership fees paid by members.
- Income from economic activities and services of Vietnam Cooperative Alliance and its affiliated units.
- Fund raising activities, contributions, support, aids, sponsorship, donations, gifts from members, domestic and foreign organizations, individuals according to the provisions of the laws.
- Other legal receivables
- b) Expenditures, including: expenses for activities in accordance with the functions and tasks of Vietnam Cooperative Alliance and the relevant laws.
Article 25. Management and use of assets and finances
- Management and use of public properties shall comply with the provisions of the Law on management and use of public properties.
- The Standing Committee of Vietnam Cooperative Alliance promulgates the Regulation on management and use of finances and assets, ensuring the principles of publicity, transparency, thrift in accordance with the provisions of the laws and the principles, operating purpose.
Article 26. Reward
Members, organizations and individuals of Vietnam Cooperative Alliance, related organizations and individuals with outstanding achievements in the development of the collective economy, cooperatives and building the organizational system of Vietnam Cooperative Alliance are rewarded or recommended reward by Vietnam Cooperative Alliance as prescribed.
Article 27. Discipline
Organizations and individuals of Vietnam Cooperative Alliance that violate the Bye-Law, Resolutions of the Congress, regulations of Vietnam Cooperative Alliance and the laws, adversely affect the reputation, causing the material damages for Vietnam Cooperative Alliance shall be subject to disciplinary review, at the same time responsible for remedial consequences and compensation according to regulations.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 28. Implementation
- The Executive Committee of Vietnam Cooperative Alliance is responsible for organizing and guiding the implementation of the Bye-Law.
- Members, organizations and individuals of Vietnam Cooperative Alliance are responsible for the implementation of the Bye-Law.
- Amendments and supplements to the Bye-Law are decided by the National Representative Congress of Vietnam Cooperative Alliance.
Article 29. Enforcement
The Bye-Law of Vietnam Cooperative Alliance consists of 08 Chapters and 29 Articles, approved by the VI National Representative Congress, for the term of 2020 - 2025, on December 21, 2020 and shall take effect from the date of signature and approval of the Prime Minister of the Socialist Republic of Vietnam.