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BY LAW

CHAPTER I : NAME, ADDRESS, IDENTIFY, LOGO AND PRINCIPLES
Article 1: Name, The network of this organization is called It is called “HIV/AIDS Coordinating Committee” whose acronym in English is “HACC”.
Article 2: Address, HACC’s secretariat is located at House #175, Street #155, Sangkat Tul Tumpong I, Khan Chamkarmon, Phnom Penh. The location of the secretariat can be changed if necessary and based on the decision of 50%+1 votes of the Steering Committee supporting the change and notified to the Department of Political Affairs, Ministry of Interior.
Article 3: Identify, HACC is a non-profit non-governmental organization. It is independent, neutral, non-racial, non-religious and non-politically-affiliated. It is not engaged in politics by not providing such as materials, money, human resources to support any political party or candidate but is to serve the public interests.
Article 4: Logo, HACC has the following logo and stamp:
  • The stamp is a circle with a diameter of 34 millimeters with blue ink.
  • A red bow is in the middle of the map of Cambodia and surrounded by the globe.
  • The red bow represents the fight against the spread of HIV/AIDS.
  • The map of Cambodia indicates the national participation to fight against HIV/AIDS and the globe shows the global, not just national, participation in fighting against HIV/AIDS.
  • The Latin letters “HACC” in black are in the center of the map of Cambodia and the globe.
  • The logo is attached as an annex.
Article 5: Principles
  • Respect the rights of the people living with HIV/AIDS
  • Encourage the participation of HIV/AIDS infected people and the victims of HIV/AIDS at all stages of the response
  • Maintain neutrality without any political involvement
  • Respect laws and circulars/directions of the country
  • Work properly and fairly
  • Ensure membership is voluntary
  • Ensure transparency in decision-making and other acts
  • Avoid racial and religious discrimination
  • Avoid seeking profits from the organization work
  • Work for the interest of the members
  • Avoid gender discrimination, sexual harassment, non-politically-affiliated, disabilities and other statuses.

CHAPTER II : VISION, MISSIONS, AND GOAL
Article 6: Vision, All people in Cambodia live in an HIV/AIDS resilient society where there is a network to support the continuum of HIV/AIDS prevention, care/support, treatment and impact alleviation. Mission, HIV/AIDS Coordinating Committee (HACC) is a HIV/AIDS NGOs network with the capacity to build strategic partnership with all players for an efficient, effective and sustainable response to the HIV/AIDS epidemic and its impact in Cambodia.
Goal, Contribute to the three national strategies by:
  • Building and maintaining a network of civil society organizations responding to HIV and AIDS;
  • Ensuring coordination and collaboration between HACC member organizations and other stakeholders;
  • Advocating for laws, policies, and programs that contribute to the three national strategies;
  • Representing the voice of civil society organizations responding to HIV and AIDS, and the needs of HACC members’ constituencies

CHAPTER III : MANAGEMENT STRUCTURE
Article 7: To maximize the effectiveness in leadership, management and operation, HACC shall have the following structure:
  • General Assembly and member organizations
  • Steering Committee (Chairman, Vice-chairman, Treasurer and four members)
  • Secretariat (Post of Secretariat staff it depending on the appropriate resources and other requirements program/project of the Secretariat)
Attached here with the organizational structure

CHAPTER IV : MEMBER ORGANIZATIONS
Article 8: Networking, HACC has been established with the alliance of member organizations. HACC has networks in the provinces/municipalities throughout Cambodia as necessary. The network is opened to all organizations working to fight against HIV/AIDS, particularly those with visions, missions and goals is similar to those of HACC as stated in article 2 and 6.
Article 9: Membership, A member of HACC can be a non-governmental organization, community-based organization, association, union, international organization and program or project which is involved in HIV/AIDS activities.
Article 10: Becoming a member, Becoming a member and continue to be a member it is requires in written on the completion of application with the support of 50%+1 of the votes of HACC member in the quarterly membership meetings.
Article 11: Rights of a member organization
  • A member organization is entitled to stand as a candidate in the election for a member of the Steering Committee.
  • A member organization is able to provide recommendations for governance and execution of HACC to the Steering Committee through the Secretariat at any time.
  • A member organization is entitled to vote for candidates of the Steering Committee.
  • A member organization is entitled to reform the structure of the secretariat or the Steering Committee through the decision make at the General Assembly with two third of favorable votes
  • A member organization is entitled to access to information collected by the secretariat of HACC
  • Each membership organization eligible for only one voice
Article 12: Duties of a member organization
  • A member organization shall vote to elect members of the Steering Committee.
  • A member organization shall have the duties to provide information in relation to events and its documents related to HIV/AIDS to the Secretariat at the end of each month.
  • A member organization shall submit the annual progress report to the Secretariat.
  • A member organization shall participate in membership meetings organized by the Secretariat and other meetings as necessary.
  • A member organization shall promote the Secretariat so that it can effectively work to serve the interests of the HIV/AIDS infected people through sharing information and experiences, cooperation among the member organizations and participating in any technical working groups meeting establishes in order to implement the projects as stated in the strategies of HACC.
  • A member organization are required to pay annual membership fee at the beginning (January) of each year. A local NGO shall pay an annual fee of US$30 (thirty U.S. dollars) while an international NGO shall pay an annual fee of US$60 (sixty U.S. dollars). In case against to the stated must bring to discussion and making decision at the annual membership meeting.
Article 13: Resignation from HACC membership, All member organizations are eligible to withdraw their membership from HACC at any time they wish; however, they have to submit an official resignation letter at least one month in advance.
Article 14: Conditions and termination of membership
  • The termination of HACC membership shall be decided by members at the General Assembly.
  • The termination condition of HACC membership shall be applied to more then 50% of the absent in the meeting or mis-conducted from the guideline of the meeting.

CHAPTER V : MEETING
Article 15: Meeting of member organizations
  • A meeting of member organizations, particularly venue and agenda, can be organized and coordinated by the Secretariat. The Secretariat shall invite member organizations through invitation letters and electronic mails.
  • A member organization shall participate regularly in monthly, quarterly and annually meetings.
  • Member organizations should be received the agenda of the meeting at least two weeks before the meeting.
  • Member organizations shall have the right to propose additional agenda
Article 16: Technical working group meetings, Technical working groups shall organize the meeting based on actual needed. Venues, dates, agendas and invitation letters are facilitated by the Secretariat.
Article 17: Annual meeting, General Assembly and Extraordinary meeting
  • A member organization shall participate in annual meetings, General Assembly and Extraordinary meetings to which will invited by the Steering Committees. Venues, agendas, dates, invitations are facilitated by the Secretariat.
  • Member organizations should be received the agenda of the meeting at least two weeks before the meeting.
  • Member organizations shall have the right to propose additional agenda.

CHAPTER VI : STEERING COMMITTEES
Article 18: Number of Steering Committees member
  • The Steering Committees shall have seven members including a Chairman, a Vice-chairman, a treasurer and members. The members of the Steering Committee are selected through votes of the member organizations.
  • HACC is lead by the Steering Committee with the following elements:
    • Chairman 1
    • Vice-chairman 1
    • Treasurer 1
    • Member 4
Article 19: Steering Committee members
  • Only a member organization can stand as a candidate in the election for selection of the members of the Steering Committee.
  • The member of the Steering Committees shall be from any member organizations.
  • The Steering Committees shall work for HACC voluntarily and free of charge.
  • Executive Director have duties participated in the Steering Committees meeting. However, have no right to vote or making any decision
  • The Steering Committees shall have the duties to governor and monitor. It is doest not involve in the daily operation of the Secretariat.
Article 20: Roles and responsibilities of the Steering Committee
  • Meeting every three months or more if it is necessary
  • Organizing General Assemblies including the Annual membership meeting and any special meeting as stated in the HACC bylaw
  • Organizing elections for the Steering Committee;
  • Ensuring that accurate records of Steering Committee and General Assembly meetings are made and distributed to all members and staff (Can keep as confidential for those matters which is decided by the Steering Committee);
  • Approving internal policies dealing with staff recruitment, supervision, disciplinary procedures, or dismissal;
  • Recruiting and dismissing the Executive Director and conducting performance appraisals in accordance with organizational policies;
  • Approving other organizational policies and procedures;
  • Approval of strategic and operational plans;Provide advice, oversee, and monitor the Executive Director’s implementation of the strategic plan and other issues related to HACC;
  • Monitoring expenditure against agreed budget, and approving adjustments to the budget where necessary;
  • Assisting with mobilization of resources for the organization’s work;
  • Ensuring accountability and transparency to donors for any funds received;
  • Ensuring compliance with the requirements of Cambodian law;
  • Representing HACC at national and international meetings and with donors.
Article 21: Roles and responsibilities of the members of the Steering Committee
Chairpersion: To lead and represent the Steering Committee
Vice-chairman: Defined in the role and responsibility of the Steering Committee
Treasurer:
  • Limited role and responsibility in the role and responsibility of the Steering Committee
  • Collaboration with financial section of the Secretariat
  • Oversee the financial report
Members: Defined in the role and responsibility of the Steering Committee
Article 22: Principle of election
  • Nomination to be a member for the Steering Committee shall be organized at General Assembly or Extraordinary meeting of HACC   
  • Election to select Chairman, Vice-chairman and Treasurer of the Steering Committee shall be conducted separately but once for the ordinary member. At the end of each mandate, the member organizations shall organize election to select new members of the Steering Committees with 51% of the favorable votes (3 or 4 people) based on the request of the previous Steering Committees
  • Appointment and election
  • Election by using ballot box
  • Candidate shall have enough capacity to fulfill the post
Article 23: Mandate and performance of the duties The mandate of the membership of the Steering Committees is two years and they can be a member just only for two terms.
Article 24: Resignation from membership of the Steering Committee
  • End the mandate of the Steering Committee
  • Termination before the mandate with the support of 50%+1 of the Steering Committee member
  • Incapable in fulfill the tasks with the support of 50%+1 votes of the Steering Committee member
  • Resignation from the Steering Committee
  • Absent for more then 50% of the meetings within the first six months
  • Passed away
Article 25: Filling the vacant position of the Steering Committee
  • The election for the vacant position unless any member of the Steering Committee met one those criteria stated in the article above
  • Member organizations is responsible for electing the additional member of the Steering Committee
Article 26: The election to fill the vacant position The election to fill the vacant position shall be organized at membership meeting or annual meeting. The detail procedure will be informed to member organizations to nominate the candidate, electing the candidate, confidential election and self introduction from each candidate.
Article 27: Meetings of the Steering Committee
  • Meetings of Steering Committees shall take place once every three months upon invitations from the Chairman of the Steering Committees through the Executive Director of HACC. The meeting can be conducted during or off working hours with the set quorum. Steering Committee can be conducted more then once every three months when it is necessary.
  • The chairman of the Steering Committee shall be clearly informed about the date, time and venue to the member.
Article 28: Resignation, leaving and termination
  • This article should be stated about resignation and termination in separated article
  • The termination from member of the Steering Committee shall be organized by member organizations in the General Assembly
Article 29: Steering Committee meeting
  • Meetings of the Steering Committees shall be organized by the Executive Director of HACC. A member who unable to the meeting shall notify the Chairman of the Steering Committee in writing or the Executive Director through letters or electronic mails with the reasons of absence.
Article 30: Absent Steering Committee in the meeting
  • The members of the Steering Committee shall participate at least 75% of the meetings of the Steering Committees within one-year mandate. A member who is absented for two consequent or three non-consecutive times of the quarterly meetings within one year, he/she automatically terminated from his/her membership of the Steering Committee.
Article 31: Participation of Executive Director at the meeting of Steering Committee
  • Executive Directors have no right to vote in the meetings of the Steering Committee.Minute meeting shall be distributed to member organizations except which special reason to be kept as confidential.
Article 32: Quorum, A meeting can start at least with five among seven members of Steering Committee members presented in the meeting. All decisions are made at the meeting based on majority of the attending members with recorded in the minutes. A member has only one vote.
Article 33: Minute of the Steering Committee, The Secretariat of HACC is responsible for filing and keeping the minutes of the meetings of the Steering Committee. The minutes of the meetings of the Steering Committees shall be distributed to the member organizations and HACC staff.

CHAPTER VII : TECHNICAL WORKING GROUP
Article 34: Establishment of technical working groups, Technical working groups of HACC shall be formed by the Steering Committees to assist the Secretariat in the implementation of the work
Article 35: Types of technical working groups, The committee will make decisions in forming any technical working group based on organization resource. Article 36: Roles and responsibilities
  • Collect and compile data/information related to issues based on their expertise, analyze and prepare reports
  • Make suggestions to the Steering Committee and member organizations in preparation of plans to deal with the issues
Article 37: Technical working groups’ facilitator, The facilitator of each technical working group and assistant shall be elected by voting among the working group members present at technical working group meetings of HACC. The working group members shall report any progress, issues and concerns to the working group facilitator for correcting and properly recording to serve the interests of HACC.

CHAPTER VIII : SECRETARIAT OF HACC
Article 38: Secretariat staffs
  • The Secretariat of HACC is managed by the Executive Director, whom is recruited by the Steering Committee. The Executive Director will work for full-time for the Secretariat of HACC. He/she shall perform the roles and responsibilities of Executive Director.
  • The Secretariat is a unit with full-time staff working under the management of the Executive Director, who will works on administration and coordination of daily work.
Article 39: Executive of Director of HACC, The role of the Executive Director is to lead, manage, and coordinate the Secretariat. Article 40: Staff, HACC staff is recruited and assessed by the Executive Director. HACC staff is responsible for their responsibilities as stated in the job description of each staff member.

CHAPTER IX : FINANCE OF HACC
Article 41: Financial Sources
  • Budget, assets and other equipment for supporting HACC are supported and funded by local and/or international NGOs
  • Continues supporting is provided by annual membership fees, and through local and international NGOs, donors, private and all forms of personal distribution, contribution, the Royal Government and other sources which is not involved in any corruptions, political engagement and religious discrimination
  • Budget of HACC will be deposited at a local bank. Financial management and arrangement is stated in the financial policies and procedures of HACC.
Article 42: Funds, All funds are belonging to HACC. Either staff or member of the Steering Committee can use this fund for their personal interests in contrast with HACC principles.
Article 43: Funds execution, HACC shall have daily financial operation
Article 44: Signatory Shall have two signatures from:
  • Steering Committee members
  • Executive Director
  • Finance manager (From Secretariat)
Base on amount of fund which is stated in the financial manual
Article 45: Expends, The Steering Committee will not receive money, assets or other forms of gift for their work from HACC. A member of the Steering Committee will receive reimbursements if he/she spends money on official work for HACC. The reimbursement shall be approved by the Chairman and the Treasurer.
Article 46: Fiscal Year, Financial operations of HACC shall start from January 1 and ends on December 31 at the same year. Changes can be made based on the requirement from the donors.
Article 47: Financial Sources
  • Selecting auditor shall be organized at annual meeting and it is alignment with the donors requirement
  • Treasurer responsible to make sure the preparation and the auditing are fairy manner.

CHAPTER X : AMENDMENTS THE BY-LAW
Article 48: Amendments the by-law
  • Amendments to the HACC by-laws can be proposed only by 50% + 1 of HACC members.
  • Member organizations collect the proposal and submitting to the Secretariat then Secretariat will submit the proposal to the Steering Committee
Article 49: Approval of Amendments the by-law
  • By-law can be amendment in the General Assembly
  • Proposal shall be informed to member organizations at least two weeks before the meeting.
Article 50: Proposal for the amendment of the by-law
  • Request for amendments the bylaw shall be submitted to the Steering Committee through the Secretariat for reviewing and organizing extraordinary meeting for the amendment
  • Steering Committee have a role to organize meeting in order to consider on the proposal for amendment which is requested by 50% + 1 of member organizations

CHAPTER XI : DISSOLVING OF HACC
Article 51: Proposal, Only member organizations can be requested to dissolve HACC because it is real network which is established and managed by member organizations.
Article 52: Dissolving, Dissolving HACC shall be made with two thirds of representatives of the member organizations present at the extraordinary meeting. The quorum of this meeting is seven by ten (7/10) of the HACC member organizations. The meeting shall be informed to the member at least 15 days pre to the meeting.
Article 53: Equipments arrangement, The Steering Committee is responsible for making decision and managing the remaining assets after the liquidation of HACC, the remaining property shall be handed over to an NGO or a non-profit organization whose goals and objectives are similar to those of HACC with approval by the donors. The decision shall be informed to the donors by the Steering Committee.

CHAPTER XII : FINAL PROVISION
Article 54: Final provision, Provisions of HACC that are contrary to the bylaw will be considered as null and void.
Article 55: Approval on the by-law, This bylaw shall be formally approved by the member organizations and the Steering Committee of HACC.
Article 56: Date of approval on the by-law
  • The bylaw is prepared both in Khmer as official and translated into English.
  • The bylaw is approved at the General Assembly and Steering Committee of HACC on March 24, 2009
  • The bylaw shall come into effect from the date of signatory onward.

Phnom Penh, August 3, 2009
Chairman of HACC Steering Committee
PHON YUT SAKARA

HACC provides a respectful & safe venue where a wide range of organizations with differing missions come together to discuss best practices, create tools, & engage in partnerships that increase the quality and impact of their work. The content of each HACC product does not necessarily reflect the views or opinions of all of its member organizations. However, the members share best practices & experiences based on their values & missions, thereby ensuring HACC library of products are inclusive of their experience & best practices.

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