VUSTA organized consultation workshop on the revised Decree No. 45 on organization, operation and management of associations

Posted at: TUEsday - 05/06/2018 16:38 - post name: Cộng tác viên

 
Dr. Pham Van Tan, Vice President cum General Secretary of the Vietnam Union of Associations, had speech at the workshop

Dr. Pham Van Tan, Vice President cum General Secretary of the Vietnam Union of Associations, had speech at the workshop

On 18 May 2018, in Hanoi, Vietnam Union of Science and Technology Associations (VUSTA) organized the workshop "Comments on the draft of revised Decree No. 45/2010/ND-CP dated 21 April 2010 of the Government on organization, operation and management of associations”. Dr. Pham Van Tan - Vice President cum Secretary General and Dr. Phan Tung Mau - Vice President of VUSTA presided over the workshop.

Association activities in Vietnam have been governed by the Ordinance No. 102/SL/L004 of May 20, 1957 on the right of association, Decree No. 45/2010/ND-CP dated April 21, 2010 of the Government on the organization and operation of associations and Decree No.33/2012/ND-CP revising Decree 45. These degrees, which provide guidance for implementation of ordinance 102, are important legal basis for citizens to continue exercising the freedom of association recognized by the Constitution and referred in Article 2 of the Ordinance No. 102: "Everyone has the right to form associations, except those who lose citizenship or are prosecuted under the law. Everyone has the freedom to join  or leave an legal association. No one shall be entitled to infringe upon the right to form an association and to join or leave an association of others".

Dr. Pham Van Tan, Vice President cum General Secretary of VUSTA said that in addition to the positive impacts that the decrees have created on association activities, over the years, the implementation of the Decree No. 45 and Decree No. 33 raised a number of shortcomings which made difficult for associations: the Decrees does not stick to the contents of Ordinance No.102 on the right to form associations of citizens. The regulations of the decrees focus only on organization, operation and management of the association and do not express the association right, which is closely related to many other rights such as the assembly right, freedom of speech, freedom of information access; the right of citizens to participate in state and society management.

gp2

Dr. Ta Ngoc Hai - Institute of State Organization Science, Ministry of Home Affairs

According to Dr. Ta Ngoc Hai, Institute of State Organization Science, Ministry of Home Affairs, up to now (May 2018), the state management agencies have still used the old data of 2014 in their reports and studies of associations. To December 2014, there are 52,565 associations nationwide (483 associations operating nationwide and 52,082 associations operating in the local area), of which 8,792 specific associations (28 association operating nationwide  and 8,764 associations operating at the local level). That shows limitation on some activities such as set up, split, merge, dissolve, rename associations. The legal system on the organization, operation of the association is still inadequate and not synchronized. Many associations have not respond to the aspirations, legitimate interests of members, also depended on the support of the State.

gp3

Assoc Prof. Dr. Ho Uy Liem – Council President of non-governmental organizations Information Center

Assoc. Prof. Ho Uy Liem, Council President of non-governmental organizations Information Center, said that Article 4a and Article 4b including the State's policy towards the association, policies and regimes for people working in association have been added to Article 4 of the current decree. But the title of Article 4 of the decree refers to "the name, symbol, headquarters, seal and account of the association”. So there is no connection between the content and the title of Article 4. On the other hand, Article 4a specifies: To promulgate mechanisms and policies for associations to participate in the socialization of providing services, consultancy and implementation of programs, projects, subjects and other activities of the state agencies, not of others social groups. This content repeated meagerly paragraph 3 of Article 37 of the revised draft which is more clarified: "To promulgate mechanisms and policies for associations to participate in programs, projects, researches, social consultancy and evaluation, public service delivery, training, licensing, etc.  So the Article 4a should be rewritten in line with the text of Article 37, to avoid the absence of missions “social consultancy and evaluation and provision of public services” that are the most important and most favored categories of associations, in particular for Science and technology associations such as VUSTA's members.

Agreed with the viewpoint of Assoc. Prof. Liem, Mr. Tran Ngoc Hung, President of the Vietnam General Association of Civil Engineers supposed that in the whole draft of revised Decree, Article 4a is the most valuable, because the strict and successful implementation of this article will ensure the existence and development of the association, make the association's activities rich and attractive, contributing to the socio-economic development of the country.

gp4

Mr. Tran Ngoc Hung, President of the Vietnam General Association of Civil Engineers

At the workshop, the delegates also made many comments to improve the draft of revised Decree 45/2010 / ND-CP with the expectation of developing an open decree that would help the associations to overcome difficulties and create more favorable conditions for their operation.

Author: HT
Article reviews
Total notes of this article: 0 in 0 rating
Click on stars to rate this article