Decision of the Special General Meeting 17/12/2023: Removing Chapter VI from the 2019 Constitution.

December 27, 2023December 27, 2023

PUBLIC ANNOUNCEMENT

Decision of the Special General Meeting 17/12/2023: Removing Chapter VI from the 2019 Constitution.

Dear community leaders and members,

The Executive Committee is pleased to inform you of the outcome of the Special General Meeting held from 2 pm to 4:20 pm on December 17, 2023 at the Vietnamese Community Activity Centre at 90 Knight Avenue North Sunshine as follows:

Number of attendees: 190
Number of enrolments (Vietnamese/Australian citizens who permanently reside in Victoria after signing declaration): 154
Total number of ballot papers: 151 (3 did not vote on the ballot papers)
AGREEING TO REMOVE CHAPTER VI: 145
DISAGREEING TO REMOVE CHAPTER VI: 6

Decision of the Special General Meeting reaches a majority of 96% votes in favor of removing Chapter VI from the 2019 Constitution and re-adopting the 2012 Constitution.

The purpose of Chapter VI was to legally establish the Vietnamese Museum Australia Ltd (the VMA Ltd). The decision of the Special General Meeting allows our Executive Committee to deny any responsibility for the establishment of the VMA Ltd by the previous Executive Committees and the transfer of assets to this company. Our VCA-Vic also bears no responsibility at all for all action taken by the VMA Ltd.

The Executive Committee had called on the VMA Ltd to cooperate with the Review Panel of the VCA-Vic. We have also appointed a director to the Board of Directors of the VMA Ltd and we have also twice formally called on the VMA Ltd to sit down and discuss of the construction of the Museum on 4 lots of land No. 86 to 92 Knight Ave, North Sunshine. The first time was in the General meeting on June 3, 2023 and the second was in the meeting on the Vietnamese Community Centre and Boat People Museum Project on June 25, 2023. Unfortunately, all our efforts for reconciliation have yielded no results.

The Executive Committee shall inform the outcome of the Special General Meeting to the Victoria Consumer Affairs. We will also inform the Australian Securities and Investments Commission that the VCA-VIC withdraws its membership from the VMA Ltd. We will inform the Government at all levels of the decisions of the VCA- VIC. And we will also inform the public about the matter.

The Executive Committee will also establish a Constitutional Amendment Sub – Committee to amend the 2012 Constitution and formally advocate for the construction of a Vietnamese Community Centre and Boat People Museum.

Please see the attached 17/12/2023 Minutes oh the Special General Meeting. Best Regards

For the Executive Committee

Duy Quang Nguyen

President of VCA-VIC

MINUTES OF THE SPECIAL GENERAL MEETING 17/12/2023

RE: VOTING FOR MAKING DECISION OF RETAINING OR REMOVING CHAPTER VI OF THE 2019 CONSTITUTION OF THE VIETNAMESE COMMUNITY IN AUSTRALIA – VICTORIA CHAPTER (VCA-VIC)

Distinguished guests, ladies and gentlemen,

I’m Marie Trieu, pleased to present this minutes of the Special General Meeting today.

The Special General Meeting was held on 17/12/2023 at 2 pm at the Vietnamese Community Centre, located at 90 Knight Avenue, North Sunshine Duy Quang Nguyễn as a Chairperson and Marie Trieu as a minute taker. There were 190 attendees who participated in this meeting.
The Special General Meeting 17/12/2023 was popularly published from 15/11/2023, one month before this meeting occurred.
The Executive Committee members clearly explained the purpose’s meeting allowing all Vietnamese community members to attend in and vote for the decision of retaining or removing Chapter VI.
The Executive Committee members provided Chapter VI printed in Vietnamese and English languages to all participants.
The Executive Committee members clearly explained that the 2019 Constitution was amended on June 29, 2019 which was invalid as it was violated Article 24 of the 2012 Constitution. The 2012 VCA-VIC Constitution requires at least 50 attended members but actually it was only 12 attendees. Mrs. Vivienne Nguyen the former (2019) President of VCA-Vic clarified this invalidity.
The Executive Committee members stated that 2019 Constitution is the 2012 Constitution with Chapter VI inserted in, “all other Articles in the constitution (2012) remained the same”. Removing Chapter VI from the 2019 Constitution is to re-adopt the 2012 Constitution.
The Executive Committee members clearly explained and answered 19 questions related to retaining or removing Chapter VI.
Enrolment and Voting
- Voting Rights: All voters must be Vietnamese/Australian citizens who permanently reside in Victoria and sign declaration
There were 4 independent members to check and count the ballot papers. They were:
- Mrs. Huỳnh Bích Cẩm, Mr. Nguyễn Bình, Mr. Nguyễn Dũng, Mr. Hạ Bá Hùng
Checking and Counting
- Number of enrolments: 154
Total number of ballot papers: 151 (3 did not vote)
Declaring election results
- AGREEING TO REMOVE CHAPTER VI: 145
- DISAGREEING TO REMOVE CHAPTER VI: 6
- Decision of the Special General Meeting reaches a majority of 96% votes in favor of Removing Chapter VI from the 2019 Constitution and adopting the 2012 Constitution.
The Special General Meeting Minutes was presented in front of all attendees and the meeting was concluded at 4.20pm on the same day.