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Charter
[13/04/2012 09:59:46]

SOCIALIST REPUBLIC OF VIETNAM

Independence – Freedom - Happiness

––––––––––––––––––––     

CHARTER

of

VIETNAM PHARMACEUTICAL COMPANIES ASSOCIATION

 

CHAPTER I

GENERAL PROVISIONS

Article 1. Name

1. Name of the Association: Vietnam Pharmaceutical Companies Association.

The Vietnam Pharmaceutical Companies Association (hereinafter referred to as the Association) is an organization that constitutes Vietnam local companies conducting pharmaceuticals-related manufacture, business, services, supply, scientific research, consultancy and training activities, accessing to the Association and complying with the Charter of the Association on a voluntary basis with the aim of boosting the effectiveness and development of the pharmaceutical sector of Vietnam for the contribution to Vietnam’s development.

2. International transaction name (in English):  Vietnam Pharmaceutical Companies Association.

3. Abbreviated name in English:  VNPCA. 

Article 2. Principles and objectives

1. To gather and affiliate companies operating in the pharmaceutical field in Vietnam with the aim of boosting the performance effectiveness; to contribute to the development of the pharmaceutical sector of Vietnam for the care, protection and promotion of public health.

2. To support performance and development of its companies to benefit each member of the Association.

Article 3. Principles of organization and performance

1. The Association possesses its own asset and fund and operates in the principle of voluntariness, self-governance, financial autonomy and assuming full responsibility to the law.

2. The Association is organized and operated in full compliance with the law of Vietnam and the Charter of the Association adopted by a competent authority and is subject to the State management of the Ministry of Health and the relevant ministries and sectors in terms of the respective area of operation of the Association.

Article 4. Slogan for action  

“Affiliation - Cooperation – Development”

Article 5. Scope of activities

The Association’s scope of activities covers the entire country.

Article 6. Legal status, seal, bank account, head office and logo of the Association

1. The Vietnam Pharmaceutical Companies Association has its legal status, its own seal and a bank account.

2. The head office of the Association is in Hanoi Capital and supported by representative offices in the South and the Central Part of the country. The establishment of the representative office shall be in compliance with the law provisions.

3. The official logo of the Association could be found below:

 

 CHAPTER II

FUNCTIONS, MANDATES, POWER OF THE ASSOCIATION

Article 7. Functions

1. Gathering, affiliating, coordinating activities between its members.

2. Supporting the activities and development of its members.

3. Protecting legitimate interests of its members in compliance with the law.

4. Proposing to state authorities policies and solutions on developing the pharmaceutical sector and facilitating the activities and development of the companies in terms of mechanism and environment as per law provisions.

Article 8. Mandates

1. Gathering, affiliating its member companies in its activities and development in terms of both quantity and quality in the manner  of cooperation and development.

2. Supporting the activities and development of its companies as per law provisions by:

a. Providing essential information on market, price, scientific and technological advances, legislation and economic statistics at the request of organizations and individuals.

b. Providing advices to its member companies in terms of investment in development; acting as an investment and trade broker when needed.

3. Participating in training or affiliating with domestic and foreign functional organizations and institutions to provide training services to improve knowledge, expertise and intensive practical skills in the pharmaceutical field as per law provisions.

4. Protecting legitimate interests of its member companies as per law provisions.

5. Bridging between regulatory authorities and its member pharmaceutical companies as well as social community; proposing to the Government the strategy for the Vietnam pharmaceutical sector development and policies related to the pharmaceutical sector, measures to encourage manufacture and trade as well as dealing with difficulties encountered by the companies during their operation and development as per law provisions.

6. Acting as the focal point in terms of trade promotion and international cooperation; investment, affiliation and association between local and foreign companies; promotion of trade names of products, services and companies; organization of market research and survey; organization of workshops, seminars, conferences, fairs, exhibition, information, advertising and other significant forwarding activities.

7. Cooperating, associating and coordinating with regulatory authorities and relevant organizations in performing necessary work to assist and to further the activities of its member companies and the Association.

8. Communicating and mobilizing the member companies to comply with law provisions, social responsibilities, trading culture, development of harmonious labour relations, environment protection and participation in social activities that are in line with the objectives of the Association.

9. Conducting other jobs as authorized by the regulatory authority or other organizations as per the law provisions.

Article 9. Competence and responsibility

1. Being entitled to establish organizations and units under the umbrella of the Association, its regional representative offices as per the law provisions to implement its objectives, functions and mandates.

2. Participating in services; providing advices related to manufacture and trade; conducting training or associating with domestic and foreign functional organizations and institutions to provide training services as per Item 3, Article 8 in this Charter.

3. Making proposals to the Ministry of Health, the Government about policies and strategies for the pharmaceutical sector development as well as development policies on medicine and pharmaceutical starting material manufacture, trade, import and export to be in line with the practical situation of Vietnam in specific periods of time.

4. Mobilizing the enrollment of new members, dismissing the members failing to meet the requirements of the Charter from their membership.

5. Negotiating and concluding with domestic and foreign economic organizations in terms of the relevant issues which are in line with the principles, objectives, functions and mandates of the Association and in compliance with the law provisions.

6. Participating and organizing international conferences related to pharmaceutical manufacture and trade. Being entitled to assign its representatives to participate in international organizations upon permit by the competent state authority.

7. Acting as the focal point and coordinating the association amongst its member companies, promoting the win-win joint venture and association.

8. Supporting its member companies in terms of technological transfer, management experience and trade promotion as per law provisions.

9. Protecting legitimate interests of its members in commercial disputes and reconciling conflicts between its members.

10. Assuming its financial autonomy to serve the work of the Association by:

a) Self-balancing its accounts from the following sources: admission fee, membership fee; tuition fee from training courses; charges obtained from commercial promotion, business services, investment advice provision, manufacturing and trading advice provision, investment brokerage, holding workshops, seminars, fairs, exhibitions, advertising and others.

b) Being entitled to mobilize funding from grants and aid by its members, companies, organizations and individuals from within the country and overseas to serve the activities of the Association in compliance with the law provision.

 

CHAPTER III

MEMBERSHIP OF THE ASSOCIATION

Article 10. Membership

1. The members of the Association consist of the Vietnam local companies engaging in pharmaceuticals-related manufacture, trade, services, supply, scientific research and training which enroll in the Association on a voluntary manner and endorse the Charter of the Association, are accepted by the competent authority of the Association as specified under the Charter.

2. The Association encompasses of three types of membership as follows:

a) Official membership: any Vietnamese company engaged in pharmaceuticals-related manufacture, trade, services, supply, scientific research, consultancy and training, endorsing the Charter of the Association and joining the Association on a voluntary basis could become an official member of the Association.

b) Associate membership: encompasses of joint-ventures and fully foreign-invested companies engaged in medicine manufacture, business services and supply in Vietnam with contribution to the development of the Association, endorsing the Charter of the Association and joining the Association on a voluntary basis.

c) Honorary membership: any Vietnamese citizen who provides special contribution to the implementation of the established objectives, functions and mandates of the Association, endorsing the Charter of the Association and joining the Association on a voluntary basis could become an honorary member.

Article 11. Obligations of the members

1. To fully comply with the current law and existing policies of the Government, the Charter of the Association, the proceedings and decisions of  the Assembly, Executive Board, Standing Committee, Audit Committee and other activities as designated by the Association.

2. To pay admission and membership fees as per the requirement of the Executive Board of the Association. Honorary members are not required to pay admission and membership fees.

3. To show their solidarity and cooperation with other members to achieve the common objectives of the Association.

4. To participate in the Assemblies and meetings upon the summons or invitation of the Executive Board, Ad-hoc Standing Committee, General Standing Committee. In the event of absence from the event, if the chair of a meeting requires the provision of viewpoint or comments in the written form, the members are responsible for providing them in writing in the form of consent or disagreement or other comments. The case of no submission of written comment or viewpoint shall be considered as consent.

5. To protect the common interests of the Association and the prestige of the Vietnam pharmaceutical industry in the world.

6. Not to conduct unfair competitive activities that may cause losses to the other members and damage to the prestige of the Association.

7. To provide the Association with the information, documents and viewpoints to serve the implementation of the functions and mandates of the Association and its members.

8. To contribute to the term-based fund on a non-profit basis in accordance with the decision of the Executive Board or the Assembly on the purpose of supporting manufacture, trade, scientific research, development investment and training as per the regulations of the Government.

9. Not to allow other organizations or individuals who are not members of the Association to take advantage of the Association's title to benefit themselves without targeting the common objectives of the Association and its members. The members of the Association must not act in their capacity as the members of the Association to provide documents, information and to disclose confidential information to other organizations and individuals beyond the Association that may cause losses to the members of the Association, the prestige of the Association and national interests.

10. In the event that any member terminates his/her membership under any circumstances, he/she has to fulfill his/her obligation of paying the membership fee until the point of termination of his/her membership and send a written notification to the Standing Committee of the Association in case of withdrawing his/her membership voluntarily.

Article 12. Benefits from membership

1. To be entitled to participate in conferences, workshops, seminars and other activities organized by the Association or to collaborate with the Association in co-organizing or organizing relevant events in accordance with the functions and mandates assigned to the Association.

2. To be entitled to participate in voting the issues in Assemblies and of the Association and to recommend or to stand for election to the Executive Committee, Audit Committee of the Association in the event of the official membership. Associate and honorary members are not entitled to stand for election and to be elected to the Executive Committee or other designations of the Association and not entitled to vote the issues of the Association.

3. To be provided with relevant information related to the production, trade, scientific and technical research, market and other economic information issued by the Association as per the law provisions.

4. To be entitled to propose to the Assemblies and the offices of the Association as regards the activities of the Association and the issues related to policies, legislation, economics and trading environment in order to support for the operation and development of the companies.

5. To be entitled to receive supports from the Association in terms of applying scientific and technological advances to pharmaceutical production and trade to increase productivity, quality and efficiency.

6. To be introduced the member’s name and information on the website of the Association with direct link to the member’s website, if any.

7. To be entitled to receive publications issued by the Association and to post the articles in the bulletin of the Association.

8. To be entitled to take proactiveness in economic relations and foreign relations as per the law provisions. Under certain circumstances, the member may be authorized by the Association to represent the Association in business relations with other organizations as long as it is not deemed detrimental to the common interests of the Association, the nation and its members.

9. To be protected by the Association in terms of the legitimate rights and interests in production and business and dealing with domestic and foreign customers; to be considered for supports in the event of encountering difficulties (natural disasters, risks) in accordance with the regulation on use of the Association’s relief fund.

10. To be supported by the Association in the economic activites, study tours abroad, participation in fairs, exhibitions and promotional activities.

11. To be entitled to receive rewards in accordance with the regulation on rewards of the Association.

12. To be entitled to withdraw from membership given his/her circumstances or willingness of not to continue the membership.

Article 13. Administrative procedure for accession to the Association and admission of membership

1. The admission of a new member shall be fully in compliance with the regulations under this Charter.

2. The application profile should include:

a) An application letter in accordance with the form tailored by the General Standing Committee of the Association.

b) A copy of the decision on the establishment, investment license, business license in case of an organization, company.

3. Consideration and admission of membership

a) Within 07 (seven) working days from the date of receiving full and valid application profile, the General Standing Committee of the Association shall consider and release a decision on the admission of official membership. Upon receiving the decision of admission, the new member is to pay his/her admission fee (as specified by the Association). A company shall become an official member of the Association from the date of admission stated in the decision by the General Standing Committee of the Association. The General Standing Committee of the Association shall inform all its members the new list of membership within 30 days from the date of official admission of a new member.

b) The General Standing Committee of the Association shall consider and release a relevant decision on admission in accordance with Point b, Item 2, Article 10 on admission of an associate member; and vote honorary members as specified in the Charter.

c) After being recognized by various organizations and individuals as an associate member, honorary member in accordance with the Charter, the Ad-hoc Standing Committee shall release a decision on admission and send the list of association and honorary members to all its members within 30 days from the date of admitting new associate, honorary member.

4. In the event of refusal, the General Standing Committee shall inform the applicant in the written form with explanations of refusal. The applicant may lodge his/her complaint to the Ad-hoc Standing Committee or the Executive Committee or the Assembly of the Association. The decision of the Assembly shall be ultimate.

Article 14. Withdrawal from membership

1. A member wishing to withdraw his/her membership shall be required to submit a written letter of withdrawal to the General Standing Committee or the Ad-hoc Standing Committee for consideration and decision.

2. Before withdrawal from the Association, the respective member shall be required to fulfill his/her financial obligations (if any) to the Association.

Article 15. Admission and membership fees

1. Official and associate members shall be to comply with the regulations on admission and membership fees as tailored by the Executive Committee in line with the law provisions.

2. Upon admission of an official or associate member, the new member shall be to pay the admission and membership fees as specified by the Association. A former member once withdrew from his/her membership and willing to renew his/her membership shall have to undertake his/her obligations as a new member.

3. Official and associate members willing to sustain their membership related benefits shall have to pay annual membership fee. The membership fee shall be valid for 01 (one) year from the date of payment. Any member failing to pay his/her annual membership fee or paying his/her membership fee later than due time shall not be entitled to receive his/her rights and benefits from membership.

4. The admission and membership fees once paid shall not be returned under any circumstances.

5. An honorary member shall not have to pay such admission and membership fees.

Article 16. Termination of membership

1.The membership of a member of the Association shall be terminated in the event of:

a) voluntary withdrawal from membership.

b) operation suspension, dissolution or declaration of bankruptcy.

c) serious breach of the Association’s Charter or operations against the objectives of the Association causing detriments to the prestige of the Association, being disciplined by being expelled from the list of members.

d) Association’s dissolution decision by a competent authority.

e)  failure to pay adequate and due admission and membership fees as specified by the Association.

2. Competence to decide membership termination: the Association is competent to admit a member and hence to dismiss the membership. Any member whose membership is terminated in compliance with Point c, Item 1, Article 16 shall be entitled to lodge his/her complaint to the Executive Committee or the Assembly of the Association. The decision of the Assembly shall be ultimate.

CHAPTER IV

ORGANIZATIONAL STRUCTURE OF ASSOCIATION

Article 17. Organizational structure

1. Assembly (Congress or General Conference);

2. Executive Committee;

3. Ad-hoc Standing Committee;

4. Audit Executive Committee;

5. General Standing Committee;

6. Association’s Head Office;

7. Subsidiary organizations such as centers, representative office in different regions, professional groups and sub-groups...

Article 18. Assembly

1. The Assembly shall act as the highest leading body of the Association organized every 5 (five) years and tasked to discuss, consider, decide and adopt:

a) Performance review report of the Association in the due term.

b) Orientations, tasks of the Association in the subsequent term.

c) Financial statement of the Association in the due term.

d) Revision and supplement of the Charter (if needed).

e) Voting the Executive Committee and Audit Committee of the Association.

f) Other issues related to the work of the Association and its members.

g) Consideration and admission of new members in case of refusal by the General Standing Committee and Ah-hoc Standing Committee at the relevant request. Consideration and dealing with complaints about membership expulsion in accordance with Point c, Item 1, Article 16.

2. In the event that the members of the Association exceed 300, the Assembly shall be organized in the form of a Congress. The Congress shall include representatives elected by regional conferences. The number and structure of the participants shall be specified by the Executive Committee based on the number of members in each region. The members shall select representatives and inform the Executive Committee at least 15 (fifteen) days prior to the tentative date of the Congress.

3. When convening the Assembly, the Executive Committee must announce the agenda, number and composition of participants and issue election guidance (in the event of a Congress) at least 30 (thirty) days prior to the tentative date of the Assembly.

Article 19. Ad-hoc Conference

1. An Ad-hoc Conference shall be convened at the request of at least 2/3 (two-thirds) of the Executive Committee members or at least ½ (a half) of the official members. The Ad-hoc Conference shall be convened to address important issues deemded beyond the competence of the Executive Committee.

2. The Executive Committee shall be responsible for convening the Ad-hoc Conference and the Ad-hoc Conference agenda shall be announced by the Executive Committee at least 10 (ten) days prior to the tentative date of the Ad-hoc Conference.

Article 20. Legitimacy of Assembly or Conference

An Assembly or Conference shall be considered being legitimately convened as long as it is permitted by a competent authority. A General Conference or a Congress shall be convened with the presence of more than ½ (half) of the official members or more than ½ (half) of the official representatives.

Article 21. Principle of voting and adopting Assembly proceedings

1. The Assembly may adopt proceedings, decisions within the competence of the Assembly by raising hands or voting by ballot as specified by the Assembly; in the event of absence of a representative from the Assembly, when necessary, the Chair of the Assembly shall require the absent representative to provide a written consultation and the absent representative shall be responsible for submitting such written consent or disagreement or other ideas; in case of no written consultation submission, it shall be deemed consent.

2. Proceedings and decisions of the Assembly shall be adopted in one of the following two forms:

a) Consent of more than 1/2 (half) of the official members having right to vote and showing up in the Assembly.

b) Or written consent of more than 1/2 (half) of the official members.

Article 22. Executive Committee

1. The Executive Committee of the shall hold the leadership of the Association between two terms. The Executive Committee shall be elcted by te Assembly in compliance with the Charter.

2. The number of Executive Committee members shall be decided upon by the Assembly. The Executive Committee members shall be distributed in proportion to the number of the members in each region.

3. The Executive Committee shall consist of a Chair, Vice Chairs, a General Secretary and members.

4. The Executive Committee shall elect the Ad-hoc Standing Committee, Chair, Vice Chairs and General Secretary. The election results shall be adopted when the elected person receives consent from more than 1/2 (half) of the present Executive Committee members.

5. The office term of the Executive Committee shall be 5 (five) years.

6. The Executive Committee shall convene its semi-annual meeting every 6 (six) months to review the performance of the Association, to discuss and decide the necessary measures to implement the decisions and proceedings of the Assembly.

7. The Executive Committee shall convene ad-hoc meetings, when needed, upon the summon of the Chairperson of the Association or at the request of more than ½ (half) of the Executive Committee members.

8. A meeting of the Executive Committee shall be deedmed valid with the participation of at least ½ (half) of the Executive Committee members.

9. The decisions and proceedings of the Executive Committee shall be adopted and take effect with the consent of 2/3 (two-thirds) of the present members.

10. In the event of the absence of an Executive Committee member from the Executive Committee meeting, such member could be consulted in the written form and such member shall be responsible for submitting his/her consent or disagreement or other ideas. In case of no written consultation submission, it shall be deemed consent.

11. The Executive Committee members could be dismissed prior to the term termination by one of the followings:

a) Decision by the Ad-hoc Conference.

b) Consent of more than 1/2 (half) of the official members.

12. A member of the Executive Committee, upon submission of written withdrawal letter from the Executive Committee, shall be entitled to withdraw from the Executive Committee in one of the following cases:

a) Decision by the Ad-hoc Conference.

b) Request of more than 1/2 (half) of the official members.

c) Decision by the Executive Committee.

13. Criteria of an Executive Committee member:

Executive Committee members are those showing their good quality, capacity, capability and enthusiasm to the work of the Association to meet the stated requirement of t Association, as follows:

a)   Being the Chairman, vice Chairman, Chief Executive Officer, Deputy CEO, Director, Vice Director of a pharmaceutical manufacturer or business operating in compliance with the law and showing good development; former regulators of a State pharmaceutical regulatory authority under the Ministry of Health.

b)   Possessing good quality and enthusiasm to the work of th Association and prestige in the respective authority as well as in the community of pharmaceutical companies.

c)   Holding knowledge, capacity and experience as well as understanding of the pharmaceutical production and business and the related law provisions; properly fulfilling the assigned tasks and being able to meet the task requirements of the Association.

d)  Representing companies in various areas with priority given to those operating in the pharmaceutical production, distribution and import.

e)   Possessing good health to undertake the assigned tasks.

14. Criteria related to Chairperson, Vice Chairperson 

The Chairperson, Vice Chairperson of the Association must hold all the criteria stated for a member of the Executive Committee and show capacity in internal and external relations and in dealing properly with the relations with companies and regulatory authorities.

15. Substitution of Executive Committee member

In the event that an Executive Committee member submits an application to withdraw from the Executive Committee or in case of retirement, termination of business management, job change, incurring disciplinary violations or being prosecuted for criminal liability, such member shall be substituted by a successor of such company or a person from a company in the area fully meeting the stated criteria, being recommended by the General Standing Committee and adopted by the Ad-hoc Standing Committee, elected by more than ½ (half) of the Executive Committee in the same term.

16. Substitution of Chairperson, Vice Chairperson

In the event that the Chairperson or Vice Chairperson submits a written application for withdrawal from the designation, or in case of retirement, termination of business management, job change, incurring disciplinary violations or being prosecuted for criminal liability, such position shall be substituted by a person meeting all the stated criteria, being recommended by the General Standing Committee and adopted by the Ad-hoc Standing Committee with report to the regulatory authority as per law provisions and elected by more than ½ (half) of the Executive Committee in the same term. The office term of the elected Chairperson shall coincide the term length of the current term.

Article 23. Mandates of the Executive Committee and its members

1. Considering and proposing necessary work and measures to implement the stated proceedings and decisions of the Assembly.

2. Deciding the annual work plans and schedules of the Association.

3. Specifying the Association application fee level, substitution fee and fee paying.

4. Undertaking obligations as a member of the Association to the international organizations in which the Association join.

5. Proposing and recommending to the Assembly and state authorities to address the issues related to the activities of the pharmaceutical sector to implement the tasks of pharmaceutical production, business, import and export to enhance the competitiveness of the local pharmaceutical products in the international market and to protect legitimate rights and benefits of the members as per law provisions.

6. Preparing contents, developing projects, drafing regulations of the Association as related to the operations of the Association, pharmaceutical production and business, import and export within its competence to propose to th Assembly for discussion and decision.

7. Considering rewards and proposing rewards to its members; proposing to the state authorities to deal with breaches of the Charter or law provisions.

Article 24. Ad-hoc Standing Committee

1. The Ad-hoc Standing Committee shall consist of a Chairman, Vice Chairmen and some members as elected by the Executive Committee of the Association.

2. The Ad-hoc Standing Committee shall be tasked to:

a) Operate the activities of the Association between two sessions on behalf of the Executive Committee.

b) Report the review of the tasks in the meetings of the Executive Committee.

c) Decide the establishment, specify the operational regulations of the committees and organizations under the Association.

d) Decide the organization of national and international scientific conferences.

e) Decide the work plans and operational schedules of the committees and organizations under the Association.

f) Decide the accession to international and regional organizations as per law provisions.

Article 25. General Standing Committee

1. The General Standing Committee shall consist of a Chairman, Vice Chairmen, a General Secretary and some members proposed by the Chairman and  adopted by the Ad-hoc Standing Committee. Amongst the designations of Chairman, Vice Chairman, at least one shall work on the full-time basis, depending on the position, to meet the requirement of the work.

2. The General Standing Committee shall act as the standing committee of the Association, take direct leadership and operation of the Association and its subsidiary organizations.

3. The General Standing Committee shall be tasked to:

a) Organize the implementation of the jobs identified by the Ad-hoc Standing Committee.

b) Establish and operate professional units and subsidiary organizations to address recurrent work of the Association.

c) Designate and dismiss Deputy General Secretaries, leaders of professional units and directors of the entities under the Association.

d) Prepare contents for the meetings of the Ad-hoc Standing Committee and Executive Committee.

e) Propose to the Ad-hoc Standing Committee the invitation of various organizations and individuals to participate in professional units of the Association established by the Ad-hoc Standing Committee; propose to the Ad-hoc Standing Committee the invitation of associate members as per Item 2, Article 10 and recommend to the Ad-hoc Standing Committee the election of honorary members.

f) Undertake other mandates authorized by the Ad-hoc Standing Committee.

g) Report to the Ad-hoc Standing Committee the implementation of the tasks assigned on a quarterly basis or upon requirement.

Article 26. Chairperson

1. The Chairperson of the Association shall be the representative of the Association to the law, assume responsibility to the members for all the activities of the Association, lead the Executive Committee, Ad-hoc Standing Committee,General Standing Committee, undertake relations with various State authorities and agencies, national and foreign economic organizations on behalf of the Association to deal with the issues related to the stated objectives of the Association.

2. The Chairperson shall authorize the Vice Chairpersons to be in charge and address specific issues of the Association. In the event of absence, the Chairperson shall authorize the Permanent Vice Chairperson or other Vice Chairpersons to run the Association.

3. Based on the terms of reference, the Chairperson may propose to the Standing Committee to discuss and decide the establishment of centers, commissions, professional units under the Association to achieve the stated objectives of the Association. The establishment of these organizations shall be in compliance with the law provisions

Article 27. Vice Chairpersons of the Association

1. The Association may have 03 (three) or more Vice Chairpersons, including a permanent one.

2. The Vice Chairpersons shall be tasked to assist the Chairperson in general operations and be assigned by the Chairperson to be in charge of specific areas.

3. The permanent Vice Chairperson shall work on a full-time basis with a task to assist the Chairperson and to deal with the affairs of the Association and be to be in charge of selected areas.

Article 28. General Secretary

1. The General Secretary may or may not be a member of the Executive Committee and shall be elected by the Executive Committee. The office term of the General Secretary coincides with the office term of the Executive Committee. The General Secretary must work on a full-time basis. The General Secretary must satisfy the following criteria: being qualified, possessing adequate general knowledge and capacity, proving word processing skills, acting as the spokesperson of the Association and assuming responsibility for external liaison of the Association.

2. The General Secretary shall be tasked to:

a) Assist the Executive Committee, Ad-hoc Standing Committee and General Standing Committee in dealing with daily work of the Association.

b) Assist the Chairperson in coordinating the activities of the various professional organizations and offices under the Association and be assigned by the chairperson to be in charge of specific areas.

c) Assume responsibility for coordinating the operation of the Association’s Head Office.

Article 29. Head Office of the Association

1. The Ad-hoc Standing Committee shall establish the Head Office under the administration of the General Secretary of the Association. The permanent staffing of the Head Office shall be recommended by the Chairperson of the Association and adopted by the Executive Committee. When necessary, the Ad-hoc Standing Committee is entitled to invite selected experts and professionals to act as consultants, collaborators.

2. The operational regulations of the Head Office shall be proposed by the General Secretary and adopted by the Ad-hoc Standing Committee.

Article 30. Control Committee

1. The office term of the Control Committee coincides with the office term of the Assembly. The Control Committee shall consist of: a Chief, a Vice Chief and some members. The Chief of the Control Committee must be a member of the Executive Committee appointed by the Chairperson of the Association and elected by the Assembly.

2. The Control Committee shall be tasked to check the status of the participants of Assemblies; to audit the relevant units, members and individuals  as regards the compliance with and implementation of the proceedings of the Assembly, Executive Committee and the Charter of the Association; to check the legitimacy and validity of relevant decisions, proceedings and regulations issued by the Association; to do financial audits and to report the audit findings to the Chairman, Executive, annual conferences and Assembly of the Association.

 

CHAPTER V

ASSETS AND FINANCE OF THE ASSOCIATION

Article 31. Assets of the Association

1. Assets of the Association shall include those supported by various organizations and individuals; its own assets; and rented ones (if any).

2. If the assets go wrong and thus are of no use any longer, they shall be subject to liquidation in compliance with the decision of the Executive Committee and the law provisions.

Article 32. Finance of the Association

1. The Association is entitled to take financial autonomy and self-finance to fund the activities of the Association.

2. The financing regulations of the Association shall be developed by the Executive Committee of the Association in compliance with the regulations of the Government and must be adopted by the Chairperson of the Association. The Chairperson of the Association shall assume responsibility for management and coordination of the financing affairs of the Association, reporting of the financial status and open financial settlement to the Executive Committee in terms of financial management and use.

3. The Executive Committee of the Association shall designate a (full-time or part-time) officer to directly undertake the financing issues of the Association as per the law provisions.

4. The revenue of the Association may source from:

a) Admission, membership fees and subscriptions.

b) Incomes derived from commercial activities and services of the Association as per the law provisions.

c) Voluntary contributions and grants of its members.

d) Legitimate grants from economic organizations, associations, companies, international organizations and individuals from within and outside the country.

e) Other legitimate revenues.

5. Expenditures of the Association may include:

a) Expenditures on management activities of the Association.

b) Expenditures on salary, allowances, per diem, insurance and welfare for the full-time or part-time officers of the Association.

c) Expenditures on information, communication, publication, conferences, workshops, seminars, training courses...

d) Expenditures on international cooperation.

e) Expenditures on renting office space, procurement of assets, office equipment maintenance.

f) Expenditures on annual and random rewards and others in accordance with the financial regulations of the Association.

g) Other expenditures serving the implementation of its mandates as per the law provision.

CHAPTER VI

UNICATION, MERCER, DIVISION, SPLITTING AND DISSOLUTION

Article 33. Unification, merger, division and splitting of the Association

1. The unification, merger, divisions and splitting of the Association shall be subject to the existing law provisions of Vietnam.

2. All the issues related to the assets, entitlements and benefits, obligations as well as other financial issues of the Association in association with the unification, merger, division and splitting of the Association shall be addressed in compliance with the existing law provisions of Vietnam.

Article 34. Dissolution, settlement of assets and finance

1. The dissolution of the Association shall be subject to the law provisions of Vietnam.

2. The Standing Committee and Audit Committee shall assume responsibility to conduct asset inventory and funding check and to report to the Association’s Executive Committee for settling the Association’s assets, funding and debts in accordance with the law provisions.

CHAPTER VII

REWARDS AND DISIPLINARY MEASURES

Article 35. Rewards

Any Member proving excellent service to the Association shall receive relevant rewards by the Association in accordance with the regulation on rewards and disciplinary measures of the Association or by competent authorities at the request of the Association in accordance with law provisions on rewards.

Article 36. Disciplinary measures

Any Member found in breach of the Charter provisions, proceedings and decisions of the Association or State’s law shall be subject to disciplinary measures Association in accordance with the regulation on rewards and disciplinary measures of the Association and assume his/her responsibility to the law.

Article 37. Regulation on rewards and disciplinary measures

The regulation on rewards and disciplinary measures shall be prepared by the Executive Committee and approved by the Chairperson of the Association.

 

CHAPTER VIII

IMPLEMENTATION

Article 38. Amendments and addition to the Charter

Any amendments, additions to this Charter shall assume to be adopted by the Association’s Assembly in the Proceedings and approved by a competent authority for implementation.

Article 39. Enforceability

This Charter, comprising 8 Chapters with 39 (thirty-nine) Articles, was unanimously adopted by the Association’s Fourth Assembly dated 7th October 2011 in Hanoi and shall come into effect upon the official approval of the Minister of Home Affairs.     2. Pursuant to the law provisions on Associations and Charters (amendments and additions), the Vietnam Pharmaceutical Companies Association, the Executive Committee of the Association shall assume their responsibility to guide and to organize the implementation of this Charter.

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