Trang chủ Regulations Regulations (full text)

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MINISTRY OF INTERNAL AFFAIRS
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No.08/2003/QD-BNV
SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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Ha Noi, 31 March, 2003
 


DECISION BY THE MINISTER OF INTERNAL AFFAIRS
On the approval of the Regulation of the Viet Nam Medical Equipment Association
The Minister of Internal Affairs

- In pursuance of the Ordinance No. 102/ SL – L004 dated 20 May 1957 stipulating the rights to set up association(s);
- In pursuance of the Decree No.86/ 2002/ ND – CP dated 5 November 2002 of the Government of Viet Nam stipulating functions, responsibilities, rights and organizational mechanism of ministries and agencies of ministerial level; and
- At the request of the Chairmam of the Viet Nam Medical Equipment Association and the Director of the Department of Non-Governmemental Organizations;


Decided

Article 1: To approve the Regulation of the Viet Nam Medical Equipment Association which was adopted at the First National Representative Congress on the 27th of December 2002

Article 2: The Chairmam of the Viet Nam Medical Equipment Association and the Direcor of the Department of Non-Governmemental Organizations are responsible for carrying out this Decision.


For the Minister of Internal Affairs
Vice Minister
Dang Quoc Tien
(Signed and Sealed)

Attn:
- As mentined in Article 2
- Keep for file, NGOs department







REGULATION
OF THE VIET NAM MEDICAL EQUIPMENT ASSOCIATION

Chapter I
The Association’s Name and its Guiding Principles and Goals

Article 1:
The name of the Association is HOI THIET BI Y TE VIET NAM. Its name in English for transaction purposes is the Viet Nam Medical Equipment Association (VIMEDAS as its abbreviation form)

Article 2:
VIMEAS is a professional social association of organizations and individuals working in the fields of science and so on that are related to medical equiqment and instruments nationwide. These organizations and individuals join with each other on the voluntary basis to organize and develop the medical equiqment sector of Viet Nam, to contribute to rapid application of medical techniques into disease diagnosis, treatment and prevention as well as community health care, to disseminate information, to exchange documents and experiences in research, production, installation, maintenance and repair of medical equiqment aiming to play its part in the general development of the health sector of Viet Nam.

Article 3:
The VietNam Medical Equiqment Association is put under the state management.
Is is based in Ha Noi with its own seal and account.
The VietNam Medical Equiqment Association operates in line with the law and regulations of the Socialist Republic of Viet Nam, protects the eligible rights and benefits of its members, i.e. individuals and organizations of the Association, in their professional performance.

Article 4:
VIMEDAS has the following functions and responsibilities:
a) To widely gather individual and organizations working in the field of medical equiment (ME) or in other fields that are related to it who accept the Regulation of the Association and voluntarily participate in the Association;
b) To provide counseling when requested on issues including:
- Development of national policies on ME, quotas, plans and measures to implement program on ME;
- Formulation of ME standard and estimation of ME needs for preventive, diagnostic and curative care, training and scientific research at various levels;
- Participating in and providing comments/opinions for the formulation of legal documents on technical specifications of medical equiment.
c) To participate in and cooperate with reserch institutions, production and business unit as well as those doing import – export, repair and maintenace of medial equipment in order to ensure and improve the quality of medical equipment locally produced and imported to make it suitable with the circumstances and conditions of Viet Nam.
d) To participate in compiling technical document on ME, publishing magazines and books on ME in order to disseminate and share information and experiences on making use of, maintaining, repairing and producing ME locally as well as to update worldwide information on ME.
e) To participate in scientific research, application and manufacturing of medical equipment and instruments in the country aiming to develop the ME industry of Viet Nam.
f) To participate in making proposals to authorized levls to intensify training of staff specialized in ME who work for production and business units as well as for other entities using, maintaining and repairing ME in orther to utilize in an effective manner the capacity of the exsting staff.
g) To participate in counseling, quality testing and comments for ME projects/ programs if invited.
h) To cooperate with other professional associations of the General Pharmaceutical and Medical Association and other Scientific and Technological Associations of the country; to establish international cooperation with associations as well as non-governmental organizations of various countries in the field of ME in line with the Government laws and regulations.
i) To manage and organize the Association members under the spirit of mutual support and solidarity, improvement of professional exprtise and protection of the eligible interests of its members; to take care of the working conditions and the spiritual as well as material life of its members.
j) To organize seminars/symposium and exhibitions of scientific and technological apparatus/ devices in the field of ME in compliance with the Government regulations.
k) To manage the assets and financial affairs of the Association in accordance with the Government law and rugulations.

Chapter 2
Rights and responsibilities of the Association’s members
Article 5: Criteria for membership
a) Official members:
Individual membership is entitled to those who work in the fields of science and technology, management, production, business, maintaining and repairing of ME. Individuals who are eligible for official membership must:
- accept the Association’s Regulation.
- Voluntarily participate in the Association.
Organizational membership is conferred to organizations and enterprises working in the field of ME that accept the Association’s Regulation and voluntarily participate in the Association.
b) Accredited members:
Local and oversea organizations and individuals of Vietnamese nationality working in the field of ME can be approved as accredited members if they agree and accept the Association’s Regulation.
c) Emeritus members:
Vietnamese citizens who greatly contribute to the Association’s activities maybe considered and invited as emeritus members by the Standing Committee of the Association.
Emeritus and accredited members do not have the right to vote, to stand for of to be nominated to the Association Leadership Board.

Article 6: The rights and responsibilities of the Association’s members
a) Rights
- To be eligible for being elected to and standing for the Association’s executive boards;
- To be eligible to make recommendations and questions concerning the Association’s activities and to discuss and to give vote to the work of the Association.
- To receive from the Association in the respect of science and technology any support in terms of means and measures (up to the Association’s ability) for learing, studying, dissemination, application and teaching of ME; to enjoy price reduction in buying any of the Association’s magazines and printed documents.
- To exchange scientific and technological issues in the field of ME with individual and organizations overseas under the sponsorship and support of the Association according to its ability and in conformity with the government regulations;
- To have their eligible rights and interests as official membership of the Association protected by the Association at its various hierarchy.
- To be given the membership card; and.
- To withdraw from the Association’s membership.
b) Responsibilities
- To engage on a regular basis in an organization of the Association and take part actively in the Association’s activities;
- To contribute to research, development, dissemination and application of scientific and technological advances in the field of ME;
- To respect and comply with the regulation of the Association as well as resolutions of the Association’s Congress sessions and Executive Board; and
- To fully and duly pay the membership fee.

Chapter III
The Organizational Structure of the Association

Article 7: Organizational Principles
The Viet Nam Medical Equipment Association is organized on the principles of centralization, democracy, willingness, self – governing and financially self- support.

Article 8: VIMEDAS’s organizational structure
a) At the central level is the Viet Nam Medical Equipment Association
b) In Provinces and cities belonging to the central government (hereafter called as provinces in genaral), the People’s Committee of provinces decides the estalishment of the respective provincial association. And if the provincial association accepts the VIMEDA’s regulation and asks for membership, it will be admitted to the Association.
c) At the peripheral level, there are branches of the Association (in entities such as institutes, hospitals, ME enterprises or agencies managing ME that have at least 5 members or more).

Article 9:
The highest leadership of the Association is the National Representative Congress with the term of office lasting for 5 years. An irregular congress may be convened at the request of more than half of the members of the Central Association’s executive board. The executive board acting at the time being of the Central Association will decide the member of participants and their components.
Congress’s missions:
- To review and evaluate the Association’s accomplished activities in the previous term and discuss orientations and plan of action for the coming term;
- To adopt and amend the Regulation (if necessary);
- To elect the Executive Board and the Monitoring Board of the Central Association; and.
- To decide important issues related to the Association’s guiding principles and goals, rights and responsibilities.

Article 10:
The executive board of the Central Association is the leading body in –between the two terms of office. The number of the Central Association’s executive board is decided and directly elected by the congress.
The executive board has the following duties:
- To lead the implementation of the Congress’s resolutions;
- To lead the implementation of the Association’s regulation;
- To extend relations with local and oversea organizations and contribute to develop and scale up the Association.
- To elect the Central Association’s executive board, Chairman, Vice Chairmen and General Secretary…
- The Central Association’s executive board meets periodically once per 12 months (except unexpected cases).

Artcle 11:
The standing body of the Central Association’s executive board is the standing committee that consists of a Chairman, Vice Chairmen, a General Secretary, a Deputy General Secretary and a member of members. Members of the standing committee should not exceed one third of the members of the Central Association’s executive board.
The Association’s standing committee has the following duties:
- To lead the implementaion of decisions made by the Central Association’s executive board at the interval of the two congress sessions of the executive board;
- To accredit provincial association’s executive board and to issue membership cards;
- To plan and report the Association’s activities according to the Central Association’s regulation;
- To monitor activities done by provincial associations and technical sub-committees;
- The standing committee meets once every six months. An irregular meeting may be convinced by the standing committee in case of need at the request of the Chairman and the Genaral Secretary.

Article 12:
Chairman of the Association is elected by the Central Association’s executive board from among members of the standing committee. The elected chairman will chair meeting of the Central Association’s executive board and standing committee, appoint heads of technical sub-committees, a chief cabinet and hold responsibility in legal aspect for all the Association’s activities.

Article 13
:
Vice Chairmen are elected by the Central Association’s executive board and are assigned by the Charman to take charge of leading different activities of the Association.

Article 14:
The General Secretary is elected by the Central Association’s executive board and is responsible for task assigned by the Chairman.
To assist the work of the standing committee, there is a bureau of the Central Association headed by a chief cabinet.

Article 15: The monitoring committee:
The monitoring committee is elected by the executive board and has the following tasks:
- To follow up the implementaion of resolutions made by Congress sessions, rules, regulations and annual plans of actions of the Association;
- To moniter the perfomance of the Association members for reward and remuneration as well as for detection of any law violation for timely correction.
- To check economic and financial affairs of the Association as well as of agencies belonging to the Association; to consider and deal with any complaints and petitions.

Article 16:
The Association’s standing committee can, when necessary, consider and dicide the setting up of technical sub-committees, economic and service units aiming at generating financial resource and supporting the development of the Association. The setting up of these entities must be in conformity with the law.
Chapter IV
Rewards and Fines

Article 17:
Organizations and individual as members of the Association that have great achievements may be rewarded by the Association or recommended by the Association to the government’s authorized agencies for rewarding.

Article 18:
Organizations and indivedual as member of Association that harm to the Association’s reputation, violate the Association’s regulation and resolutions will receive different form of punishments ranging from criticism, warning to dismission. In case such a breach causes a loss, besides a relevant form of punishment, a compensation for the loss as stipulated by the law will be charged to organizations or indiviaduals that render the breach.

Article 19:
Organizations and individual as members of the Association that have not paid their membership fee for a year or have not participated in three consecutive routine meetings of the Association will have their name deleted from the list of the Association members.

Chapter V
The Association’s Financial Affairs

Article 20
:
The Association has its incomes from the following cources:
- Membership fees paid by its members. The amount of fees will be annually decided by the Central Association’s executive board;
- Incomes generated from the Association’s technical activities;
- Contributions from incomes generated from the Association’s activities;
- Contributions made by agencies, centers or the like established or sponsored by the Association; and.
- Donation in cash and in kind from individual and organization in country and overseas.

Article 21:
The Association’s spending is to cover the followings:
- Organizing meetings, seminar, symposiums;
- Printing papers for the genaral work of the Association;
- Supporting individuals and organization in their scientific researches that are of common benefits to the Association’s activities;
- Paning administrative fees including salaries and allowances to full-time and part-time staff and equipment and utilities for the Central Association’s Office.
- Spending on the Association’s remuneration.

Article 22
:
The Association’s incomes and expenditures are made publicity and transparency in conformity with regulations of the Government financial authority.
The Association’s executive board is responsible for managing the Association’s financial affairs on the periodical basis as well as for preparing annual balance sheets and the final financial balance at National Congress sessions.

Chapter VI
Implementation provisions

Article 23
:
Any modifical and amendment to this Regulation will be decided by the National Congress of the VIMEDAS.
This Regulation that comprises Six Chapter and 23 Articles was adopted by the National Representative Congress of the VIMEDA on the 27th day of December 2002 and will have its validity since the day it sin apporoved by the Ministry of Internal Affairs.

Ha Noi, December 27, 2002.
The Viet Nam Medical Aquipment Association




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