Association Charter

Draft Charter of the Association

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Draft                     

CHARTER

HO CHI MINH CITY GREEN BUSINESS ASSOCIATION

(Approved together with Decision No.   /QĐ-UBND dated   month   year 2025 by

The Chairman of Ho Chi Minh City People’s Committee)

 

Chapter I

GENERAL PROVISIONS

Article 1. Name and Emblem

  1. Vietnamese name: HỘI DOANH NGHIỆP XANH TP. HỒ CHÍ MINH
  2. English name: HO CHI MINH CITY GREEN BUSINESS ASSOCIATION
  3. Abbreviation: HGBA
  4. Emblem:

    

Vietnamese Logo

English Logo

Article 2. Principles, Purpose, Mission, and Vision

The Ho Chi Minh City Green Business Association (hereinafter referred to as the Association) is a voluntary socio-professional organization established by enterprises aiming to unite and consolidate members, protect their legitimate rights and interests, support effective collaboration, and contribute to the socio-economic development of the country.

* Principles of the Association:

  • Sustainable development: Committed to accompanying enterprises in sustainable production and consumption processes, harmonizing economic, social, and environmental interests.
  • Environmental protection: Promoting the application of specific solutions to reduce emissions, efficiently use energy and resources, and enhance recycling and circular economy.
  • Quality improvement: Encouraging green products and services to meet high-quality standards aligned with responsible consumption trends.
  • Connection – Cooperation: Acting as an effective bridge among enterprises, government, experts, and international organizations to disseminate knowledge, technology, and green business models.

* Purpose of the Association:

  • Promote green transformation in enterprises:

Supporting members to innovate processes, technologies, and business models to meet environmental friendliness and sustainable development criteria.

  • Build and connect green supply chains:

Strengthening links among member enterprises to form sustainable value chains, from input materials to distributing green products to consumers.

  • Develop markets for green products and services:

Opening and expanding consumption markets for environmentally friendly products and services, both domestically and internationally.

  • Enhance capacity and awareness of the business community:

Organizing training programs, seminars, consultancy, and experience sharing to improve knowledge, skills, and management capacity for sustainable development.

  • Participate in policy consultation and promote green communications:

Representing the green business community in contributing ideas to policy development and promoting activities that raise social awareness on green economic development.

* Mission:

  • The Ho Chi Minh City Green Business Association commits to creating a pioneering community of enterprises promoting sustainable development, environmental protection, and applying green solutions in production and business.
  • We aim to raise awareness, connect resources, and support enterprises in fulfilling social responsibilities, contributing to building a green, prosperous, and equitable economy.

* Vision:

  • By 2030, the Ho Chi Minh City Green Business Association will become a leading organization in Ho Chi Minh City and Vietnam, representing the voice of green enterprises, driving sustainable economic development, and serving as a strong bridge to integrate Vietnam’s green standards with the world.
  • The Association aims to build a green business ecosystem, spreading sustainable environmental values and enhancing the position of Vietnamese enterprises on the global economic map.

 

Article 3. Legal status and headquarters

  • The Association has legal person status, its own seal and bank account; operates according to Vietnamese law and the Charter approved by competent state authorities.
  • The headquarters is located at: No. 9 D2 Street, Saigon Pearl, 92 Nguyen Huu Canh, Thanh My Tay Ward, Ho Chi Minh City.

 

 

Article 4. Scope and fields of operation

  • The Association operates mainly within Ho Chi Minh City.
  • The Association is under the state management of the Ho Chi Minh City People’s Committee, the Department of Industry and Trade of Ho Chi Minh City, and other relevant ministries and agencies according to the law.

 

Article 5. Principles of organization and operation

    1. Voluntary, self-managed.
    2. Democratic, equal, public, and transparent.
    3. Self-financed for operational costs.
    4. Non-profit oriented.
    5. Complying with the Constitution, laws, and the Association’s Charter.

     

    Chapter II

    RIGHTS, DUTIES, AND RESPONSIBILITIES OF THE ASSOCIATION

     

    Article 6. Rights of the Association

    1. Organize and operate according to the approved charter of the Association.
    2. Propagate the principles and purposes of the Association’s activities. Receive information and disseminate the Party’s guidelines and policies, and State laws.
    3. Represent members in internal and external relations related to the rights and obligations of the Association.
    4. Protect the legitimate rights and interests of the Association, its members, and the community in accordance with the Association’s principles and purposes.
    5. Organize and coordinate activities among members for the common benefit of the Association.
    6. Disseminate and enhance knowledge for members; provide necessary information to members as regulated by law.
    7. Participate in programs, projects, scientific research topics, technology development tasks, consulting activities, and policy feedback as requested by state agencies; participate in public service provision, vocational training, and knowledge transfer as prescribed by law.
    8. Establish and strictly manage subordinate organizations in accordance with the law and the Association’s charter, consistent with the principles, purposes, and fields of activity of the Association.
    9. Participate in building mechanisms and policies directly related to the functions, tasks, rights, and operational fields of the Association. Propose to competent state agencies on issues related to the development of the Association and its operational fields. Participate in organizing training, fostering, and other service activities as prescribed by law, and receive professional certificates, competency certificates, or other related certificates upon meeting legal conditions.
    10. Coordinate with relevant agencies and organizations to fulfill the Association’s tasks.
    11. Collect membership fees and generate revenue from business and services according to legal regulations to self-finance operational expenses.
    12. Receive, manage, and use legal funding and aid from domestic and international organizations and individuals according to the law, in alignment with the Association’s principles, purposes, functions, and tasks.
    13. Receive financial support from the State for activities linked to the tasks assigned by the Party and State (if any).
    14. Reward and discipline according to legal regulations and the Association’s charter.
    15. Meditate disputes, resolve feedback, recommendations, complaints, and denunciations related to the Association.
    16. Other rights as prescribed by law.

     

    Article 7. Duties and responsibilities of the Association

      1. Comply with the regulations of competent authorities and laws related to the organization, activities of the Association, and the Association’s Charter.
      2. Not abuse the activities of the Association to harm national security, social order, ethics, customs, traditions, national cultural identity, or the legitimate rights and interests of organizations and individuals; not exploit beliefs or religions to conduct superstitious or occult activities; not engage in illegal financial or business activities that disrupt the domestic market.
      3. Not recognize, honor, venerate, or confer titles contrary to legal regulations.
      4. The Association is a member of the Ho Chi Minh City Business Association and operates under the state management of the Ho Chi Minh City Department of Industry and Trade.
      5. Gather and develop members; organize and coordinate activities among members for the common benefit of the Association and properly fulfill the principles and purposes of the Association’s activities.
      6. Propagate and disseminate the Party’s guidelines, the State’s policies and laws related to the Association’s fields of activity; the Association’s charter, regulations, and rules; and train and update knowledge for members.
      7. Propose amendments and supplements to the charter; strictly manage the activities of subordinate organizations according to the law and the charter; develop and complete regulations and rules to serve as a basis for the Association to organize and operate in accordance with legal regulations and the charter.
      8. Comply with regulations on receiving, managing, and using foreign aid and other relevant laws; effectively manage and use funding and aid sources and be responsible as the main recipient according to the law.
      9. Report organizational documents related to holding congresses as prescribed.
      10. After dismissal, removal, or changes in the positions of president, vice president, general secretary, members of the Executive Committee, Standing Committee, or Inspection Committee; changes in headquarters; or amendments and supplements to the charter, the Association must report to competent state authorities and the relevant sectoral state management agency according to its scope of activities.
      11. Report the establishment of subordinate organizations to competent state authorities and relevant sectoral management agencies and take responsibility for direct, comprehensive leadership, direction, and management of these organizations in accordance with laws and the charter.
      12. Annually report on the organization and activities of the Association to competent state authorities, relevant sectoral management agencies, and the Provincial People’s Committee where the Association’s nationwide or inter-provincial headquarters, branches, or representative offices are located before December 31. The annual periodic report must follow prescribed templates.
      13. Report the results of resolving disputes, petitions, recommendations, complaints, and denunciations related to the Association to competent state authorities.
      14. Comply with guidance, inspection, and audit by competent state authorities regarding adherence to laws and the Association’s charter.
      15. Establish and keep at the Association’s headquarters the list of members and subordinate organizations, ledgers, documents on assets and finances, minutes of meetings of the Executive Committee, Standing Committee, and Inspection Committee.
      16. Funds collected according to Article 6 of the Charter must be allocated to the Association’s activities as prescribed and must not be distributed among members.
      17. The use of the Association’s funds must comply with laws and the charter, ensuring transparency and publicity; pay taxes, fees, and charges; implement accounting, auditing, and statistics regimes as prescribed by law; register tax codes and declare taxes according to tax laws. Annually, the Association must report financial settlements according to State regulations to the financial authority at the same level, the relevant sectoral management agency, and competent state authorities according to its scope of activities. The Association is subject to audit and inspection regarding revenue, expenditure, and financial and asset management by the financial authority at the same level or competent authorities permitting its establishment.
      18. Issue regulations on the operation of the Executive Committee, Standing Committee, and Inspection Committee; manage and use assets and finances; reward and discipline; manage members; resolve petitions, disputes, complaints, and denunciations related to the Association; manage and use the Association’s seal; and other regulations in accordance with the law and the charter.
      19. Develop and promulgate ethical codes for the Association’s activities.
      20. Update the organization’s situation and activities into the database on associations and coordinate in building and operating the association database.
      21. Comply with legal regulations on anti-corruption, anti-money laundering, and counter-terrorism financing.
      22. Other obligations as prescribed by law.

       

      Chapter III

      MEMBERS

       

      Article 8. Members, member standards

      1. The Association’s members include official members, associate members, and honorary members:
        • Official members: Vietnamese organizations or citizens meeting the criteria specified in Clause 2 of this Article, agreeing with the Association’s charter, voluntarily joining the Association, and eligible to become official members.
        • Associate members: Vietnamese organizations or citizens who do not have the conditions or do not meet the criteria to become official members, agree with the charter, and voluntarily register to participate as associate members.
        • Honorary members: Vietnamese organizations or citizens with prestige and significant contributions invited by the Association to become honorary members.
      2. Criteria for official members:
        • Vietnamese organizations or citizens who agree with the Association’s charter, voluntarily register to join, and meet membership criteria as prescribed by the charter. If a member is an organization, its representative joining the Association must be a Vietnamese citizen;
        • Members of the Association are organizations and citizens engaged in business and production oriented towards green goals and sustainable development;
        • Founding members who register to join the Association are automatically official members.

       

      Article 9. Rights of members

      1. To have their legitimate rights and interests protected by the Association according to the provisions of law.
      2. To be provided with information related to the Association’s fields of activity and to participate in activities organized by the Association.
      3. To participate in discussions and decisions on the Association’s work policies according to the Association’s regulations; to propose and recommend opinions to competent authorities on matters related to the Association’s fields of activity.
      4. To attend the General Assembly, to run for, nominate, and vote for leadership positions and the Inspection Committee of the Association according to the Association’s regulations.
      5. To introduce new members.
      6. To be rewarded according to the Association’s regulations.
      7. To be issued a membership card or membership certificate (if any).
      8. To leave the Association when it is deemed impossible to continue as a member.
      9. Associate members and honorary members enjoy the rights and obligations like official members, except the rights to vote on the Association’s matters and to run for, nominate, and vote for the leadership board and Inspection Committee.

       

      Article 10. Obligations of members

      1. Strictly comply with the Party’s guidelines and policies, the State’s laws; comply with the Association’s charter and regulations.
      2. Participate in the Association’s activities and meetings; unite and cooperate with other members to build and develop the Association strongly.
      3. Protect the Association’s reputation; not to represent the Association in transactions unless assigned in writing by the Association’s leadership.
      4. Implement the information and reporting regime according to the Association’s regulations.
      5. Pay membership fees fully and on time according to the Association’s regulations.
      6. When no longer active in the Association, hand over related work, finances, and assets.

       

      Article 11. Procedures and authority for admitting members; procedures for leaving the Association.

      1. Procedures and authority for admitting members: Organizations and individuals meeting the criteria in Article 8 of this Charter who wish to become members must submit a full application dossier. The Executive Committee will review and decide to recognize membership.
      2. Procedures for leaving the Association: Members who wish to leave must submit a written application to the Executive Committee, which will review and decide to remove the member from the list.

       

      Chapter IV

      ORGANIZATION AND OPERATIONS

       

      Article 12. Organizational structure of the Association

      1. The General Assembly
      2. The Executive Committee
      3. The Standing Committee
      4. The Inspection Committee
      5. Organizations under the Association.

       

      Article 13. The General Assembly

      1. The highest leadership body of the Association is the General Assembly, either regular or extraordinary. The regular General Assembly is held every 05 (five) years. The extraordinary General Assembly is convened when at least two-thirds (2/3) of the Executive Committee members or at least one-half (1/2) of official members propose it.
      2. The regular or extraordinary General Assembly is organized in the form of either a plenary General Assembly or a delegate General Assembly. It is held when more than half (1/2) of the official members or more than half (1/2) of official delegates are present.
      3. Tasks of the General Assembly:
        • Report the number of delegates attending and verify delegate credentials;
        • Approve the General Assembly program, regulations, and election rules;
        • Discuss and approve the term summary report and next term activity plan of the Association; review reports of the Executive Committee, Inspection Committee; and the financial report;
        • Approve the Association’s charter or discuss renaming the Association (if any), amend or supplement the Charter, or continue using the current Charter;
        • Division, separation; merger or consolidation (if any);
        • Approve the personnel plan for the General Assembly; decide the number of Executive Committee and Inspection Committee members for the term; nominate and run for the Executive Committee and Inspection Committee;
        • Elect the Executive Committee and Inspection Committee;
        • Other matters as prescribed by the Charter (if any);
        • Approve the resolutions of the General Assembly.
      4. Principles of voting at the General Assembly:
        • The General Assembly may vote by raising hands or secret ballot. The form of voting is decided by the General Assembly;
        • Decisions passed by the General Assembly must be approved by more than half of the total official delegates summoned.

       

      Article 14. Executive Committee of the Association

      1. The Executive Committee is the leadership body between two General Assemblies, elected by the General Assembly from among the official members of the Association. The number, structure, criteria, conditions, health, and age of Executive Committee members are decided by the General Assembly. The term of the Executive Committee coincides with the term of the General Assembly.
      2. Duties and powers of the Executive Committee:
        • Organize and implement the resolutions of the General Assembly, the Charter of the Association; lead all activities of the Association between two General Assemblies;
        • Prepare and decide to convene the General Assembly;
        • Decide the annual work program and plan of the Association;
        • Decide the organizational structure of the Association. Issue the Operational Regulations of the Executive Committee, Standing Committee, and Inspection Committee; Regulations on management and use of the Association’s finances and assets; Regulations on management and use of the Association’s seal; Regulations on rewards and discipline; Regulations on handling proposals, reflections, disputes, complaints, denunciations; Membership management regulations; Code of ethics in the Association’s activities; other regulations and internal rules of the Association in accordance with the Charter and legal provisions;
        • Elect, dismiss, remove, temporarily suspend, and allow reinstatement of the President, Vice Presidents, Standing Committee members, Executive Committee members, Heads, Deputy Heads, members of the Inspection Committee; elect additional members of the Executive Committee and Inspection Committee. The number of additional members elected must not exceed one-third of the total members of the Executive Committee and Inspection Committee approved by the General Assembly. The total number of members of the Executive Committee and Inspection Committee (including additional members) must not exceed the number approved by the General Assembly;
        • Perform other duties and powers as stipulated by the Charter of the Association.
      3. Principles of operation of the Executive Committee:
        • The Executive Committee operates according to the Regulations of the Executive Committee, complying with legal provisions and the Charter of the Association;
        • The Executive Committee meets at least twice a year and may hold extraordinary meetings upon request of the Standing Committee or when more than two-thirds of its members request. Meetings may be held in person, online via platforms, or a combination of both, as decided by the Executive Committee;
        • Meetings are valid when two-thirds of the Executive Committee members attend. Voting may be by raising hands or secret ballot, with the voting method decided by the Executive Committee;
        • Resolutions and decisions are passed when more than … of the Executive Committee members vote in favor. In case of a tie, the decision belongs to the side with the President’s opinion;
        • Between meetings, the Executive Committee may vote or decide on matters within its authority by written consultation.

       

      Article 15. Standing Committee of the Association

      1. The Standing Committee is elected by the Executive Committee from among its members; it includes the President, Vice Presidents, and members. The number of Standing Committee members is decided by the Executive Committee but must not exceed one-third of the Executive Committee members approved by the General Assembly. The term of the Standing Committee coincides with the term of the General Assembly. The Standing Committee meets regularly every six (6) months.
      2. Duties and powers of the Standing Committee:
        • Assist the Executive Committee in implementing the resolutions of the General Assembly, Charter, and regulations; organize the execution of resolutions and decisions of the Executive Committee; lead the Association’s activities between Executive Committee meetings;
        • Prepare the content and decide to convene the Executive Committee meetings;
        • Decide to establish organizations or units under the Association according to the Executive Committee’s resolutions; stipulate functions, duties, powers, organizational structure; decide on appointment and dismissal of leaders of organizations or units under the Association;
        • Perform other duties and powers as stipulated by the Charter of the Association.
      3. Principles of operation of the Standing Committee:
        • The Standing Committee operates according to Regulations issued by the Executive Committee, complying with legal provisions and the Charter of the Association;
        • The Standing Committee meets every six (6) months and may hold extraordinary meetings at the request of the President or when 50% of its members request. Meetings may be held in person, online via platforms, or a combination of both, as decided by the Standing Committee;
        • Meetings are valid when more than 50% of the Standing Committee members attend. Voting may be by raising hands or secret ballot, with the voting method decided by the Standing Committee;
        • Resolutions and decisions of the Standing Committee are passed when more than … of members vote in favor. In case of a tie, the decision belongs to the side with the President’s opinion;

      Article 16. Inspection Committee of the Association

      1. The Inspection Committee is elected by the General Assembly. The Inspection Committee consists of a Head, Deputy Head, and several members. The number, structure, and criteria of Inspection Committee members are decided by the General Assembly. The term of the Inspection Committee coincides with the term of the General Assembly.
      2. Duties and powers of the Inspection Committee:
        • Inspect and supervise the implementation of the Association’s Charter, General Assembly resolutions, resolutions and decisions of the Executive Committee, Standing Committee, and the Association’s regulations in the activities of organizations, units under the Association, and members.
        • Review and handle petitions, letters, reflections, proposals, disputes, complaints, denunciations from organizations, members, and citizens related to the Association, members, and subordinate organizations as prescribed in the Regulation on handling reflections, proposals, disputes, complaints, and denunciations of the Association according to legal provisions and the Association’s Charter. Summarize and propose to the Standing Committee and Executive Committee to consider and resolve petitions, reflections, proposals, disputes, complaints, denunciations within their authority. In case of unresolved matters, transfer to the Court for resolution as per legal regulations.
      3. Principles of operation of the Inspection Committee:

      The Inspection Committee operates under the regulations issued by the Executive Committee, complying with legal provisions and the Association’s Charter. Between meetings, the Inspection Committee may vote or decide on matters within its authority by written consultation of members.

       

      Article 17. Organizations under the Association

      1. The Office, professional departments, and other organizations with different names established by the Association to assist the Executive Committee and Standing Committee in performing their duties and powers according to legal provisions and the Association’s Charter.
      2. Sub-associations, branches, sections, groups, or other names (hereinafter collectively referred to as branches) are organizations without legal status, seals, or separate accounts, established according to the Association’s Charter. The regular meeting place of the branch must be clearly stated in the establishment decision; when the branch organizes meetings, it must report to the local authorities according to the law on meetings.
      3. Organizations with legal status established under legal regulations to perform the Association’s tasks in line with the mission, objectives, and fields of activity specified in the Charter:
        • The Association is responsible for strict and comprehensive management of these organizations, ensuring the principle of non-profit objectives in their organization and operation;
        • Conditions, procedures, and dossiers for establishment comply with specialized and other related legal provisions. Before submitting the establishment dossier to the competent authority, the Association must seek opinions from the competent state agency corresponding to its scope of activity;
        • Within 30 working days from the date of receiving the certificate of registration or operation license issued by the competent state agency, the Association reports the establishment of the organization with legal status to the competent state agency corresponding to the scope of activity for monitoring. The dossier includes:
          • Decision to establish the organization with legal status (original);
          • Certificate of registration or operation license issued by the competent state agency (original or certified copy or copy with original presented for comparison);
          • Certificate of seal registration (original or certified copy or copy with original presented for comparison);
          • Decision appointing the legal representative (original).
        • If the organization with legal status operates illegally or outside the Association’s fields of activity, the competent state agency requests the Association to issue a dissolution decision and proposes that the competent state agency revoke the registration certificate or operation license and seal of that organization.
      4. Establishment, reorganization, arrangement, and termination of these organizations are carried out according to the Association’s Charter and comply with legal regulations.
      5. When the Association receives a dissolution decision from the competent state agency, these organizations automatically cease operations and carry out dissolution according to legal provisions and the Association’s Charter.

       

      •  

      Article 18. President, Vice Presidents of the Association

      1. The President of the Association represents the Association before the law and is legally responsible for all activities of the Association. The President is elected by the Executive Committee from among the Standing Committee members.
      2. Criteria and conditions for the President of the Association
      • Criteria:
        • Comply with and implement the Party’s guidelines and the State’s laws;
        • Possess good political qualities and ethics;
        • Have prestige and understanding of the Association’s field of activity;
        • Have Vietnamese nationality;
        • Have full civil act capacity and no criminal record;
      • Conditions:
        • Not hold the position of president in more than two associations;
        • Not be an official or public servant in agencies or organizations directly managing or advising the management of the Association’s main activity field, except when approved in writing by competent authorities according to personnel management decentralization regulations;
        • Candidates for President who are officials, public servants, or retired officials and public servants must be approved in writing by competent authorities according to personnel management decentralization regulations;
      1. Duties and powers of the President
        • Perform duties and powers according to the Operational Regulations of the Executive Committee and Standing Committee;
        • Be fully responsible to the competent authorities that allowed the Association’s establishment, the state management agencies in the Association’s main activity field, the Executive Committee, and Standing Committee for all activities of the Association. Direct and manage all activities of the Association according to the Charter, General Assembly resolutions, and resolutions and decisions of the Executive Committee and Standing Committee;
        • Preside over Executive Committee meetings; direct the preparation, convening, and preside over Standing Committee meetings;
        • Sign documents of the Association on behalf of the Executive Committee and Standing Committee;
        • Perform other duties and powers as stipulated by the Association’s Charter.
      2. Number of Vice Presidents of the Association

      The Association elects no more than 02 full-time Vice Presidents. The number of part-time Vice Presidents is decided by the Association itself but cannot exceed 03 times the number of full-time Vice Presidents.

      1. Vice Presidents are elected by the Executive Committee from among the Standing Committee members. The criteria for Vice Presidents are stipulated by the Executive Committee.

      The Vice Presidents assist the President in directing and managing the Association’s work as assigned by the President; they are responsible to the President and the law for the areas assigned or authorized by the President. Vice Presidents perform duties and powers according to the Operational Regulations of the Executive Committee and Standing Committee in accordance with the Association’s Charter and legal regulations.

      1. Dismissal and removal of the President and Vice Presidents
        • The President and Vice Presidents may be dismissed in cases of: poor health; lack of capacity or prestige to fulfill duties; at the request of competent authorities; resignation for personal reasons;
        • The President and Vice Presidents shall be removed if there is a conclusion from competent authorities that they violated the law or the Association’s Charter, affecting the reputation or operations of the Association, or if convicted by a court;
        • When dismissing or removing the President, a replacement President must be elected according to the law and the Association’s Charter or an acting leader must be assigned until a new President is elected.
      2. Suspension and reinstatement of the President and Vice Presidents
        • The President and Vice Presidents shall be suspended in cases of: temporary detention or custody for investigation and trial according to the law; serious violations of the Association’s Charter, regulations, or rules;
        • The Executive Committee shall specify the acts of violation, authority, procedures, and conditions for suspension and reinstatement of the President and Vice Presidents.

       

      Article 19. Secretary General of the Association

      The Secretary General is appointed by the President and is responsible to the Executive Committee and Standing Committee for the activities of the Association’s Office.

      1. The Secretary General manages the activities of the Association’s Office, prepares the agenda for meetings of the Executive Committee and Standing Committee, and regularly reports to these committees on the Association’s activities.
      2. Authorized first for the Association’s accounts.
      3. Responsible for the administrative, planning, and general work of the Association; prepares annual reports and term reports for the Executive Committee.
      4. Ensures relationships with the Association’s organizations in accordance with legal regulations;
      5. The Secretary General may represent the Standing Committee to handle regular Association affairs, manage Office operations, and sign documents authorized by the President.

       

      Chapter V

      DIVISION, SEPARATION; MERGER, CONSOLIDATION; RENAMING AND DISSOLUTION OF THE ASSOCIATION

       

      Article 20. Renaming, division, separation, merger, consolidation, and dissolution of the Association

      Renaming, division, separation, merger, consolidation, and dissolution of the Association are carried out in accordance with the Civil Code, laws on associations, resolutions of the Executive Committee, and relevant legal regulations.

       

      Article 21. Revocation of the Association’s seal

      The revocation of the seal in cases of renaming, division, merger, consolidation, temporary suspension, or dissolution of the Association is conducted according to the law on seal management and use, and other related legal provisions.

       

      Chapter VI

      FINANCE AND ASSETS

       

      Article 22. Finance and assets of the Association

      1. Finance of the Association
        • Sources of income of the Association:
          • Membership admission fees, annual membership fees;
          • Income from activities of the Association according to the law;
          • Sponsorship and donations from domestic and foreign organizations and individuals according to legal regulations;
          • State budget support (if any) for Party and State assigned tasks according to law;
          • Other lawful incomes;
        • Expenditures of the Association:
          • Expenses for activities to fulfill the Association’s tasks;
          • Expenses for Party and State assigned tasks (if any);
          • Expenses for renting offices, purchasing work equipment;
          • Expenses for regimes and policies for those working at the Association as regulated by the Executive Committee and consistent with legal provisions;
          • Bonuses and other expenditures as decided by the Executive Committee.
      1. Assets of the Association
        • The assets of the Association include the headquarters, equipment, means serving the activities of the Association, and other lawful assets in accordance with the law. The assets of the Association are formed from the Association’s funds donated or contributed by organizations and individuals inside and outside the country as prescribed by law;
        • The management and use of the Association’s assets are conducted according to civil law, laws on assets, finance, accounting, and the Association’s Charter. For public assets, management and use are conducted according to laws on public asset management and use;
        • When the Association divides, separates, merges, consolidates, or dissolves, the Association shall inventory and classify assets to determine asset handling:
          • For the Association’s public assets, management, use, and handling are conducted according to laws on public assets;
          • For assets formed from the Association’s own funds, management, use, and handling are conducted according to civil law, related laws, and the Association’s Charter.

       

      Article 23. Management and use of the Association’s finances and assets

      1. Management and use of the Association’s finances and assets:
        • The finances and assets of the Association shall only be used for the Association’s activities;
        • The finances and assets of the Association when dividing, separating; merging; consolidating; temporarily suspending activities, and dissolving shall be handled according to laws on associations and related laws.
        • The Executive Committee shall issue regulations on managing and using the Association’s finances and assets ensuring transparency, openness, thriftiness, in accordance with laws on finance, accounting, management and use of public assets, and other related legal provisions.
      2. Accounting, auditing, and statistics:
        • The Association must organize accounting and statistics work in accordance with the Accounting Law, the Statistics Law, and guiding documents, specifically:
          • Complying with regulations on accounting documents; bookkeeping and economic, financial, asset transactions related to the Association;
          • Opening accounting books to record and store economic, financial, asset transactions related to the Association (reflecting and tracking detailed revenues, expenses of cash and in-kind contributions from organizations and individuals, aid, sponsorship, and other revenues and expenditures as prescribed by law and the Association’s Charter);
          • Preparing full and timely financial reports, annual settlements sent to competent state agencies permitting the establishment of the Association and financial authorities corresponding to the state agency permitting the establishment of the Association;
          • Preparing full dossiers and other relevant documents as prescribed by anti-money laundering laws.
        • Subject to inspection, examination, auditing of revenues, expenditures, management and use of finances and assets by financial authorities corresponding to the state agency permitting the Association’s establishment and authorized auditing agencies;
        • Providing necessary information to competent state agencies upon request as prescribed by law.

       

      Article 24. Settlement of assets and finances when the Association divides, separates, merges, consolidates, temporarily suspends activities, or dissolves

      1. Settlement of assets and finances when dividing:
        • After division, the divided Association ceases operation, rights and obligations regarding assets and finances are transferred to the new Association as per the division decision;
        • After separation, the Associations exercise their rights and obligations regarding assets and finances consistent with their purposes.
      2. Settlement of assets and finances when merging:
        • If the Association merges into another Association, the assets and finances of the merged Association are transferred to the merged Association;
        • The merged Association inherits legal rights and interests over current assets and finances and is responsible for unpaid debts and ongoing service contracts of the merged Association.
      3. Settlement of assets and finances when consolidating:
        • After consolidating into a new Association, the consolidated Associations cease to exist; the new Association inherits legal rights and interests and is responsible for unpaid debts and ongoing contracts of the consolidated Associations;
        • The assets and finances of the consolidated Associations shall not be divided or separately transferred but entirely transferred to the new Association.
      4. Settlement of assets and finances when temporarily suspending activities:

      During the temporary suspension period, the Association may only spend regular expenses for the permanent office assisting the Association’s activities until a decision by the competent state agency.

      1. Settlement of assets and finances when dissolving:
        • Assets of the Association cannot be divided. The sale and liquidation of assets shall be conducted according to related legal provisions;
        • All available funds and proceeds from sale or liquidation of assets shall be used in the following order:

      Dissolution costs;

      Debts for wages, severance allowances, social insurance, health insurance for employees as prescribed by law and other employee rights under collective labor agreements and labor contracts;

      Tax debts and other payable obligations.

        • For the Association’s own assets and finances and assets, finances sponsored or aided by domestic or foreign organizations and individuals, the remaining assets shall be submitted to the budget of the competent level permitting the establishment of the Association. For assets funded by the state budget or originating from the state budget (if any), the Association shall transfer them to the corresponding financial authority of the competent state agency permitting the Association’s establishment for handling according to laws on public asset management and use.
      2. When the Association divides, separates, merges, consolidates, or dissolves, the Association shall inventory and classify assets to determine asset handling:
        • For the Association’s assets that are public assets, management, use, and handling shall be conducted in accordance with laws on public assets;
        • For the Association’s assets formed from the Association’s own funds, management, use, and handling shall be conducted in accordance with civil law, related laws, and the Association’s Charter.
      3. Recovery of the Association’s seal:
      •  

      The recovery of the seal for the Association that changes its name, is divided, merged, consolidated, temporarily suspends activities, or dissolves shall be conducted according to laws on seal management and use and other relevant legal regulations.

       

      Chapter VII

      REWARDS AND DISCIPLINE

      Article 25. Rewards

      1. Organizations, units under the Association, and members with outstanding achievements shall be rewarded by the Association or recommended by the Association to competent authorities or organizations for rewards in accordance with the law.
      2. The Executive Committee shall specify forms, authority, and procedures for internal rewards according to the law and the Association’s Charter.

       

      Article 26. Discipline

      1. Organizations under the Association and members who violate the law; violate the Charter, regulations, or operational rules of the Association shall be considered and disciplined by forms including reprimand, warning, temporary suspension of membership rights, or expulsion from the Association.

      In cases causing material damage, compensation and responsibility shall be made in accordance with the law.

      1. The Executive Committee shall specify authority and procedures for internal disciplinary consideration according to the law and the Association’s Charter.

       

      Chapter VIII

      IMPLEMENTATION PROVISIONS

       

      Article 27. Amendments and supplements to the Association’s Charter

      1. Amendments and supplements to the Association’s Charter must be approved by the General Assembly when more than ½ (one half) of the official delegates agree.
      2. The Charter must be completed to ensure compliance with legal regulations and approved by the competent state agency permitting the establishment of the Association.

       

      Article 28. Effective date

      1. The Charter of the Ho Chi Minh City Green Business Association, consisting of 08 (eight) Chapters and 28 (twenty-eight) Articles, was approved by the Founding General Assembly on …. day …. month …. year 2025 in Ho Chi Minh City and takes effect according to the approval decision of the Chairman of the People’s Committee of Ho Chi Minh City.
      2. Pursuant to the laws on Associations and the Association’s Charter, the Executive Committee of the Ho Chi Minh City Green Business Association is responsible for guiding and organizing the implementation of this Charter.

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