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VASEP REGULATIONS |
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![Hide details for [<font size=2 face=verdana color=darkred><B>]VASEP REGULATIONS[</font></B>]](/icons/collapse.gif) | VASEP REGULATIONS |
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| CHAPTER 1:GENERAL PROVISIONS |
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| | Article1.
The Vietnam Association of Seafood Exporters and Producers - (hereinafter referred to as The Association) is a voluntary organization, gathered by enterprises, non-production organizations and administrative bodies, which are taken part in the field of seafood processing and seafood import - export in Vietnam. The Association is registered with international name: "The Vietnam Association of Seafood Exporters and Producers " referred to shortly as VASEP It is the objective of The Association to co-operate and coordinate activities among the member entities, with the provision to improve the product values, the qualities and competitive capabilities of 'made-in-Vietnam' seafood products; to develop and creat all raw-material sources for the industry; and to represent and protect legal and legitimate interests of its members. | | |
| | Article2.
The Association shall have legal status, independent finance and the full right to open its own bank's account.
The Association's head office is based in Hanoi with one representative office in Ho Chi Minh city. It is The Association to setup other representative offices within the country, provided that is in accordance with existing law, and needed. | | |
| | Article 3.
The Association operates in accordance with the law of The Socialist Republic of Vietnam, the Vietnamese government regulations on Voluntary Association operations and the provisions of this Statue. The Association is also under the sponsorship of the Ministry of Fisheries and relevant State administrative bodies. | | |
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| CHAPTER 2: OPERATION PRINCIPLES, DUTIES AND RIGHTS OF THE ASSOCIATION |
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| | Article 4. The Association,s operations based on principles of
1. Voluntary, self- management
2. Independent finance
3. Equal treatment and fair-right to all members | | |
| | Article 5. Association's Duties
1. To assist the member entities in improving their production, the quality of products, business efficiency, enlarging material resource, expanding markets, strengthening competitive abilities of made-in-Vietnam products in order to actively contribute to the sustainable development of Vietnamese seafood industry.
2. To establish, maintain and develop various forms of relation and cooperation among members on the basic of voluntariness and mutual benefit .The Association is to arrange the joint-activities among entity members to creat favourable conditions for mutual understanding for the purpose of building-up the good will relationship among its members.
3. To represent and protect legitimate economic rights of The Association and its members; The Association, on behalf of its members, is responsible for petitions to governmental administrative bodies in all issues, related to to seafood processing, exporting and importing.
4. To expand the Association by enrolling new members, improving the Association's facilities, enlarging the scope of Association's activities; establishing and promoting its international cooperation. | | |
| | Article 6. The Association's rights
1. On behalf of the members, to make proposals on legislation relating to rights, responsibilities and legally legitimated benefits of its members
2. To cooperate with competent authorities to obtain objectives
3. To join domestic and international organizations whose aims are suitable to Association's Statue and Vietnamese law and regulations. | | |
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| CHAPTER 3: MEMBERS |
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| | Article7. Membership
1. The Association members referred to all enterprises of every economic sectors, non-production organizations and administrative bodies operating in the field of seafood processing, importing or exporting, accept and follow the Association Statue, voluntarily apply for membership and join the Association and accepted by Association's Executive Board.
2. Members include:
a. Full members mainly are Vietnamese enterprises directly processing and exporing seafood products. Some state-officials introduced by the Ministry of Fishery and accepted by Association are also regarded as full members.
b. Cooperated members are enterprises, organisations,and individuals operating in the fields related to seafood processing and exporting, 100% foreign capital enterprises, and other organizations and individuals operating in the field of seafood
c. Honour members are organizations and individuals remarkably contributing to Association and respected by all members and Association/s Executive Board
3. Members having legal status are entitled to send their representatives to Association. The representative have the right to make dicisions, have full name and the post in the application. In case of authorisation, authorised person has the right to decide and he/she has to be responsible for the authorisation. When changing the representative, members have to inform the Association/s Executive Board in writing | | |
| | Article 8. Joining procedures
1. Enterprises, non-production units, organizations, and administrative bodies qualified under article .7 point 1 voluntarily registered to participate in founding Congress are automatically considered as member of The Association.
2. Since the Association founding Congress, enterprises,non-production organizations and administrative bodies, interested in Association membership, must submit application document set to the office of Association. The set includes:
*. Application form
*. Membership declaration in standard form
*. Notarized copy of establishment decision, business licence( for enterprises and non-production units )
*. Curriculum vitae of authorized representative attached with 2 passport-type photographs.
3. Enterprises, non-production units, and managers applied for membership shall be recognized as member after submitting application form and paying membership fee
4. New member shall pay annual membership fee within 15 days since the approval date.
5. The list of new membership will be informed to all members within 15 days since the approval date. | | |
| | Article 9. Cease of membership
1. Member, who voluntarily resigned from the Association, must send the written notice to the Association's Executive Board in advance. Its membership will be terminated immediately after the Executive Board approval is released.
2. Member is expeled in the consequences of:
*. Seriously ruining reputation or prestige of the Association.
*. Seriosly disobeying or violating Association Ststue and regulations
*. Not to pay the annual membership fee within 60 days after second reminder from the Association
3. Member will be purged when two-third of the Association Executive Board members approve . The expelling decision shall take effect since the day of approval by the Chairman of Executive Board
4. The list of resigned members and purged members will be officially informed to all members by the Association Executive Board. | | |
| | Article 10. Member's Duties
1. Strictly complying with provisions of this Statue, Association regulations, and resolutions of the assembly or general meeting and of the Association Executive Board
2. Actively participating in Association's activities.
3. Paying annual membership fee and other fees in a timely manner.
4. Protecting the prestige and reputation of the Association, It is not allowed the member to use the Association's name for its own transactions unless authorized by the Chairman of the Executive Board | | |
| | Article 11. Member's rights
1. Members are eligible for as much assistance and support as the Association can provide including:
* To be updated with necessary information
* To be provided training services, consultation, and information relating to seafood export marketing.
* To be entitled to take part in activities hold by the Association
* To be enjoyed benefits, assistance and support given to the Association by domestic and oversea organisations
2. Through the Association members are entitled to address opinions and proposals on concerned issues related to The Association, to Governmental administrative bodies and others. It is the member's right to discuss, vote, criticize, and question the Boards and executive personel about all Association's policies and activities.
3. Besides, members are eligible for voting, nominating, being nominated to be Association Board members and other positions of the Association.
4. Being member of the Association, its legal status and self-determined operation are unchanged. | | |
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| CHAPTER 4. Association's Operation and Management mechanism |
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| | Article 12. The association's management mechanism
* General Assembly, Annual meeting
* The Association Executive Board
* The Association Chairman
* The General Secretary
* The Association office
* The Controlers, Board | | |
| | Article 13. General Assembly and annual meeting
1. The General Assembly is the highest authority of the Association. General Assembly is held at every 5 years. The annual meetings are held annually except the years of General Assembly.
2. Major agenda of the General Assembly
*. To discuss on summary report, orientations and tasks of performance of the Association
*. To discuss and contribute ideas to the term-criticism reports made by the Association Executive Board and Controlers Board .
*. To scrutinise and approve the balance of the previous term and the financial plans for the next term.
*.To elect a new Association Executive Board and Controlers Board
*. To discuss and pass resolutions of the Assembly
* To approve the amended and supplemented contents of the Statue
3. Agenda of the annual meeting:
*. To disscus the previous year summary report and the performance plans for the coming year
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*. To debate and endorse the balance of the previous year and the financial plans for the coming year
*. To discuss and vote on issues brought forward by the Association Board, by the Controlers Board or by members.
* To vote the supplemental members of the Executive Board and the Controlers Board in case of vacant positions
4. A special general assembly or annual meeting for solving pressing issues can be called by the Association Board at the request of the Chairman of the Association Board as requested by the Chief of the Controlers Board or asked by more than a half of registered members.
5. Summons for a general assembly or annual meeting in writing with agenda are sent to all members at least 2 weeks prior to th meeting day
6. Resolutions of general assembly or annual meeting are passed by the rule of majority vote. Each member has one vote. In case of not attending the assembly or annual meeting the representative can vote by proxy in accordance with Art.7 point 2. | | |
| | Article 14. The Association's Executive Board.
1. In each term, the assembly shall decide the number of members of the Executive Board. The Executive Board shall decide the number of Vice- Chairmans as requested by the Chairman
2. The Executive Board is elected by closed-voting method. Nominee and candidate list must be approved by the general assembly. If two candidates won equally over half of votes, the priority will be given to the one who has more experience (in term of year-to-service) in the industry. The term of the Executive Board is 3 years.
3. The Association Executive Board operation is subject to its regulations
4. The Association's Executive Board meets at least twice a year at the summons of the Chairman. The Association's Executive Boad sessions require at least 2/3 of the members to reach a quorum
5. Decisions and resolutions of the Executive Board are passed by votes and become validated when more than haft of total attending members approve. If the ayes and the noes are equal, the vote of the Chairman is decisive for the resolution.
6. The Association's Executive Board,s tasks and rights:
*. To decide measures to implement the resolutions of the assembly
*. To decide annual or mid-session plans, work programs of the Executive Board
* To approve the term and annual financial balance and plans submitted by the General Secretary to the assembly and annual meeting
* To solve all unexpected problems arised between assemblies
* To prepare workplans, agenda and documents to submit to the assembly(including special assembly) and all-member annual meeting
* To stipulate regulations on management system, financial using, operation and organisation in detail
* To elect and dissmis( with closed-vote method)the Chairman, Vice- Chairmen, and the Chief of the Controlers Board
* To select, appoint, and dissmis the General Secretary and leaders of establisments set up by the Association
* To decide to accept and to purge members
* To make decision on calling the assembly and all -member annual meetings | | |
| | Article 15.The Chairman and Vice- Chairmen of the Association
1. The Chairman of the Association's Executive Board also is the Chairman of the Association, Vice- Chairmen of the Executive Board are also the Vice-Chairmen of the Association.
2. The Chairman has responsibilities and rights as follows:
*. Being the legal representative for the Association in and before all legal bodies;
*. Organizing the implementation of resolutions of the assembly, all-member annual meetings and decisions of the Executive Board
*. Summoning and chairing the meetings of Association's Executive Board
*. Making decisions on appointment or dismissal of the General Secretary and directly supervising the General secretary
* . Being full responsible to the Association's Executive Board and members for all activities of Association
* Endorsing pesonsel for the Associasion office and other organisation founded by the Association at the request of the General Secretary
*. Establishing the professional subcommitees to consult on specific issues.
* Chairing the next Executive Board meeting until the new Chairman elected
3. Vice-Chairmen is the assistants for Chairman with appropriate assignments and it is possible for Vice-Chairmen to act on behalf of the Chairman when he is absence. | | |
| | Article 16. General Secretary
1. the general Secretary must need the following norns: Being honest and truthful, having good knowledge of management, qualified experience and intensive relationship with the enterprises as well as State bodies and good international communication.
2. General Secretary must be excluded from all material interests offered by any member or other fisheries establishments.
3. Tasks and rights of General Secretary
*. To represent the Association office in routine transactions
*. To organise and run routine activities of the office
*. Arrange paperwork, transaction documents, file recording
*. To stipulate regulations on operation, financial and property management of the Association submitted for Executive Board,s approval.
*. To periodically report to the Executive Board on performanceof the Association
*. To be entitled to participate in meetings of the Executive Board
*. To make annual reports and the term-reports of Executive Board
*. To be the account owner and in charge of financial abd property management
*. To manage lists, documents and profiles of members and units belong to the Association
*. To take responsibility before the Association's Executive Board and legal bodies for the office performance | | |
| | Article 17. Association office
1. The Association office operates in accordance with regulations submitted by the General Secretary to the Executive Board for approval
2. Operation structure is designed by the General Secretary and later approved by the Association's Executive Board. Recruitment of office staff is conducted by a Recruitment Council and approved by the Chairman.
3. Office staff should be qualified persons, high sense of responsible and employed by public interview for long-term contract . They are prohibited to work for any other organisation or individual doing the business in the area of seafood export and processing during their employment with the Association.
4. Budget for annual performance of the office is estimated by the General Secretary and submitted to the Association's Executive Board for approval and finally endorsed by voting at annual all-member meeting. | | |
| | Article 18. The Controlers Board
1. The Controlers Board are elected by the assembly consisting of 3 to 5 members with the similar term to that of Association's Executive Board
2. The Controlers Board is independent from the Association's Executive Board and operates in compliance with regulations approved by the general assembly or all-member annual meetings
3. All activities of the ControIers Board members relating to its activities are financed by the Association
4. The Controlers Board tasks and rights
a.To supervise the Association's Executive Board, the Chairman, the Vice-Chairmen, the General Secretary and subordinate bodies and all members in implementing the Association's Statue, finance management regulations and resolutions
b. To investigate, inform all members and recommend the resolutions to issues proposed by the Association's Executive Board or Association's members.
c. To ask the Executive Board to hold special sessions or special all-member meetings when ressing issues relating to the Association raise
5. It is the right of the Chief of the Controlers Board to attend the Executive Board meetings. | | |
| | Article 19. Other organizations and units under the Association
The Association has the right to establish a number of units, organisations operating in service or consultancy etc , provided that all the setup of those entities is in accprdance with the Law. | | |
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| CHAPTER 5: Finance and Assets |
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| | Article 20: Finance and Assets
1. Association' s revenues include:
*. The joining fee and annual membership fee contributed by members
*. Fund sponsored by individuals and local or international organizations
*. Income generated by association activities, such as advertisement, trade fair, exhibition, services....
2. Association expenditure: Fund of the association must be utilized to ensure the right, economical, effective, and law-adhered principles, include:
*. Performance expenditure of the office, the Association's Executive Board, the Controlers Board, conference, seminar, premise, office equipment, furniture...
*. Information, publication, advertisement ...
*. Construction, maintenance, repairs...
*. International cooperation
*. Others
3. Based on annual financial situation, the Association's Executive Board proposes the acceptable membership fee, and submit to the General Assembly or All-member annual meeting for approval.
4. The Association's Executive Board formulates principles on management and utilization of Association's assets and budget complying with State general financial reegulatios, and publicity reported before members at All-member annual meeting.
5. Association's finance is audited by the Controlers Board and reported annually to all members | | |
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| CHAPTER 6: Dissolution |
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| | Article 21. The Association terminates its operations in circumstances as follow:
1. Voluntary dissolusion in accordance with resolution of two-third members.
2. Dissolusion due to ceasing its operation for continous 24 months or the Executive Board not implement the dissolution decision of the assembly.
3. In case of dissolution, the dissolution assembly appoint a group to carry out liquidation of asset and This group has the responsibilitues to report the result of the liquidation to all members and to the Ministry of Fisheries. | | |
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| CHAPTER 7: Implementation provisions |
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| | Article 22.
This Statue consists of 7 chapters, 24 articles, was approved by the Founding Assembly, dated to June 12th, 1998 and takes effect from the date of approval by the Minister of Fisheries. | | |
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