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Organization and Operation Charter of Vietnam Environment Protection Fund

صدر في 2002-07-16 · النص بتاريخ 2026-10-01

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عن هذا القانون

اللغة
English
النوع
أخرى
المنظمة
Mekong River Commission (MRC)
الدولة
فيتنام
الموضوعات
Environment
الكلمات المفتاحية
legal proceedings/administrative proceedings, environmental planning, environmental fees/charges, inspection, special fund, policy/planning

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  1. No. 44 (10-9-2002) OFFICIAL GAl'.C(TE DEC ISl()N :No;5'3l200·2/QDi.BKHC NMT a F Ju LY 1 a:>:iooi · PR<lMUt..GAT'ING TH e .. . .I . .' .'C '.' " . .,.·. . •., .' . · .. ORGANIZATION•AND,OPERATION CHARTER OF VIETNAM ENVIRONMENT: PROTECTION FUND THE MINISTER OF SCIENCE1 TECHNOLOGY AND ENVIRONMENT Pursuant to the Environmental Protection Law of December 27, 1993; Pursuant to the Government's Decree No. 17 5/CP of October 18, 1994 guiding the implementation of the Environmental Protection Law; Pursuant to the Government's Decree No. 22/CP of May 22, 1992 stipulating the functions, tasks and organizational structure of thr: Ministry of Science, 1echnotogy and Environnwnt; Pursuant to tho Prime Minister's Decision No. 821 2002/QD-TT g of June 26, 2002 on the setting up, organization and operation of Vietnam Environment Protection Fund; At the proposals of the director of the Environment Department and the director of the Organization and Scientific Personnel Depa1tment, DECIDES: Article 1.- To promulgate together with this Decision the Organization and Operation Charter of Vietnam Environment Protection Fund. Article 2. - This Oeclslon. takes effect 15 days after its signing. Article 3.- The direfctor of the Environment Department, the director ot\h'e Organization and Scientific Personnel.Q~partrnerit,'the chairman of the Managing Councll aiid :the director of Vietnam Environment Protectibn :Furid/ and :the concerMd unitsshall have to im,pl~Menlthis.D~cision . . · Mlnisteri:,fSi:lence, Technology . . . . and 6nvln:,nment CHUTUANNHA ORGANIZATION AND OPERATION CHARTER OF VIETNAM ENVIRONMENT PROTECTION FUND (Promulgated together with Decision No. 5312002/QD Bl<HCNMT of July 16, 2002 of the Minister of Scionce, Technology and Environment) Chapter I GENERAL PROVISIONS A1ticle 1. 1. Vietnam Envimnment Protection Fund is a Slate-run financial organization which i~; sel up, 01 TIC/AL GAZETTE No. 44 ('I 0·9-2002) organized and operatPs under the Prime Minister's Decision No.82/?002/OD-TT~J of June 26, 2.002. The Fund has the legal person stntus, its charter capital, its own accounting bc1lance sheet and seal, and is entitled to open accounts at the State Treasury and banks at home ,md abroad. 2. The Fund's transaction name in English is Vietnam Environment Protection Fund or VEF in abbreviation. 3. Vietnam Environment Protection Fund's head office is located in Hanoi. The Fund's representative ; offices are located in the provinces and centrally.run cities. The Fund's transaction offic~s are based in foreign co u n Irie s according to the.· Government's regulations. Article 2.- Vietnam Environment Protection Fund operates for non-profit purposes, but must ensure the retrieval of its cMrter capitaJand the coverage of its managerial expen$es.· ·. The Fund iSenUtled:to re&;!Ne•capita! sources from the State budge\ anp rtiqbilize other capital squrces to provide financialiupp6rtsarid/or aid; inthefield of environmental :protection .. . ·Chapter/I ' " TASKS AND POWERS OF VIETNAM EN~RONMENtP~OTEC~ONFUNO Article 3.- Vietnam Environment Protection Fund has the following tasks: 1. To mobilize capital sources at home and abroad according to the provisions of law for investment in the environmental protection. 2. To render financial supports for programs, projects and activities of preventing, fighting or overcoming environment pollution, deterioration and incidents of national, inter-branch or inter-regional nature, or solving envi ronm enta I problems of sectional nature b1 ,t of great impact:;. 3. To receive and manage capital sources entrusted by organizations a11cl individuals at t10me and abroad in order to render financial supports for environmental protection programs, projects, activities and tasks. '1. To organize and guide the formulc1tion, evaluation and selection of environmental protection programs, projects, activities and tasks calling for financial aids o( supports strictly according to law provisions. 5. To use idle capital not originating from the State budget to buy government bonds according to law provisions with consents of organizations and/or individuals that supply such capital. 6, To ensure the retrieval of its charter capital on the basis of balancing mobilized or received capital sources with financial supports rendered for the environmental protection. , 7, To manage its capital and asset$ according to law provisions. 'Artlcle4.~ Vietnam Environment Pl"btectlon Fund haS the following powers: · '1. To organize Its executive bqdy. andptdf~ssional units, which operate in compatibility With:its,.i;i,bJectlves and tasks as well as the provisions oUhit6harter. · .. ~-:. ' .. ,. \' "-l · .. '· 2. To regularly and irregul~rly ·lnsp~M:i.tie ·Lnits using the Fund's c;3pital' ih. the' impt'erriehtaticm of environmental protection programs, projects, activities and tasks . 3. To mobHize speciaHsts from ttiei ,.cpncerned ministries; branches and orgenizations.to· join the council for evaluation of environmental protection progra ms, projects, activities and ta,sks calling for financial aids or.supports from the Fund, as well as in service of other relevant activities of the Fund. 4. To suspend the provision of financial aids or loan intere st rate support, recover capital or initiate lawsuits as prescribed by law against investors that breach commitments made with the Fund or violate the State's regulations. 5. To refuse all requests of any organizations or individuals for the supply of information and other resources of Vietnam Environment Protection Fund, if such requests c1re contr::Hy to law provisions and this Charter. 6. To directly contact or~Janizations and individuals at home and abroad to mobilize, attract and receive financial aids for ttie Fund and mobilize capital for the Fund accoh.lin}! to tile m,~;igned plans. No. 44 (10·9-2002) 0FHCll\l CAZl:li i:: 7. To send its officials and employees abroad to work, study, research, visit or survey strictly according to the provisions of law. Chapter Ill ORGANIZATIONAL APPARATUS OF VIETNAM ENVIRONMENT PROTECTION FUND Article 5. 1, Vietnam Environmen·t Prote:ctiori F(Jl'id has its Managing Cound!, C:cihtrol·.aoard.ai\g·ah operation administering bodY, 2. The ,Fundis-Managing Council, Control• Board and professional ope~ationwadministeririg bOdy shall operate· aci,ordi rig: to' the 'provisions':' of this' Charter and be',respb'n$1bfe for all their activities, . ', , .· ! ~-' :,·:. "=: ., . ., .. 3.Vietn§m::e'nvirohment Protection Fund is entitled to set u'iri;~•~:ciaj'if~d.Consultation councils to assist it in· eva,ly~tf~rg\~~v.fronmental protection. prngrams, p roj~ot~' t,asl<s -:'and activities C~!Ung for financial supporf i.S~eciallzed: -cons(Jltatloh . councils shall operate acci:i.tdin,$,: f~J~-~-~i!gu iatiohs promulgated by the FUnd1s Managir'l g:~b[lncit '.i-•;· ··. Artti:i~\s.~ 1. Vie'tham EnVi'rbnhient Pr6te'ction ·Fund's Managing1C9i,m6f(:;tiallbecomposed of its chairman being a Vibe:· Mihister,Qfsc';eliGe; Technolpgy and Environment ~rid four members 0 being competent representatives of thaMinistry of Finance, the Ministry of Planning and Investment, the State Bank of Vietnam and a leading official of the Environment Department. The members of the Managing Council shallwork on a part-lime basis. · '·· 2. Working regime of the Fund Managing Council a/ The Fund Managing Council sllall work according to the collective regime, meet once every three months to consider.and decide on matters falling under its competence. The Fund Managing Council may hold extraordinary meetings to solve unexpected problems. In some particular cases, the chairman of the r: und Managing Council may request tt,e council members to give their· opinions in writing b/ The Fund Managing Council shall decide on all matters according to the principle of majority, 3. The Fund Managing Council has the following t.:1sl<s: at To decide on the orientation and plans on operation, capital mobilization, fin ancia! supports and aids; and approve the Fund's finanCiaJ plans and final settlement reports. bl To inspect and supervise Vietnam Environment Protection F1md's operation~administering body and theControl Board ih their observance of undertakings, policies and law provisions as well as their execution of the Council's decisions: cl To give guldan:c~ blfthe priority list, selection criteria and procedur~,SlQr 0:onsidering the provision of loans and financial ijicj:(~yt~~:!"• Fund. d/ To propose:'t<5·th'e\:::c>'i'tip'etent authorities amendments and/of:~uppferti,~hts to the Fund's ',' Organization and' Op'eration ch~rter/ '. 4, The Fund Mat1~:gi119 Q9'.~Tqii :Ji.as the following powers: al To dedd e accor9 in~Ho its competence on the investment supp:orts and/orjjrfancial aids for environmentalprofe6tion-progr~tnist projects, activities /. . . . ·. , .... ·-.;. and tasks, .· bl To settle accordfrfo to·law'.pmvisions complaints of orgarii2:ation$ Md •:iridi\dduals that borrow capital or receive supports fronfth~ Fund; cl To appoint or dtsnii$s' the head and members of the Control Soard. To propose the Minister of Science, Technology and Environment to appoint or dismiss the director, deputy directors and chief accountant of the Fund. di To decide on the setting up and determination of organizational structure and operation of the Fund's representative offices in the provinces and centrally run cities and its transaction offices in foreign countries according to law provisions. el To decide on the setting up of specialized consultation councils. fl To use ttie apparatus of the Fund's executive body and seal in the pe1-formance of [ts tasks and exercise of its powers accmding to this Charter. g/ Its operation funding shall be accounted into OFFICIAi. GAZLTTL No. 44 (10--9--2002) ttw Fund's operation oxpom;cB. Article 7.~ 1. Vietnam Environment Protection Fund's Control Board ts composed of lhree persons. 1he Board's head shall be appointed and dismissed by the Fund Managing Council. Other members shall be appointed and dismissed atthe proposal of the Board's head. The members of the Control Board shall work on a part-time basis. 2. The Control $()ard has the following tas,ks and powers: al To inspect and supervise the Fund's operations according to the Charter and law provisions and under decisions of the Fund Managing Council. b/ To work out and submit its working plans to the Fund Managing , Council; ·and organize the implementation thereof in ari independent manner. cl To perform· tasks assigned by the Fund Managing Council; : >: · -· ·. ·· d/ To exarnine,::a11d requesUhe Fund Managing Council to settle· complEi:ints of 6rgc1nizat1ons .and individuals about matters related to the Fund's opera1ion. 3. The Control Board's head or its members authorized by the Board's headm~yparticipate in and '' make their comm~nt~ a:tmeetings ofthe Fund Managing Council but ar,e not enf1fled to.vote. 4. The Control Board's head shall elaborate the Board's operation regulation and submit it to the Fund Managing Council for decision. 5. Operation funding of the Control Board shall be accounted into the Fund's operation expenses. Article 8.~ 1. Vietnam Environment Protection Fund's operation~administedng body is composed of the director, the deputy director, the chief accountant and the assisting section. 2, Vietnam Environrnent Protection Fund's di recto( is a leading official of the Environment 0(~partn1ent working on a part-time basis ~111d appointed and dismissed by the Minist.er of Sclence, Technolony-?tnd Environment at the proposal of the Fund ManariintJ Council. 3, Vietnam environment Protection fund's assistin~J section is composed of the Fund's office, a number of specialized and professional units proposed by the Fund's di1·ector and decided by the Fund Managing Council. Article 9. 1. Part-time officials working for the Fund shall enjoy part-time regimes according to the current regulations, 2. The Fund's officiale shall enjoy wages, rewards and other we!fa(e amounts according to tr,e cuirent regulatfon·s applicable to State enterprises. Article 10. : ·. . , 1, Vietnam Environment Protection ~1,ind's director is the Fund's representative at law.In its ieg~frelations . at home and abroad, be respolisib1¢ tb the Fund Managing Council and law for aH;.r;,rofe§~ional operatlons of the Fund. . . . ... , . 2. The .Fund's director has tl"1~ foUoiNin~'.lait'.s. 0 and powers: al To organ'1ze ahd :manage the op~fat'idnof the Fund's operation-adminrater!ngl\ody according to the C hart~r1 decisions of the Fund Managing Council and ' prbvisidns of law, '' ; · .. · ' ' ,' ' .. bl To work outthe Fundis annual financial t~venue~ expenditure plans, t\isn· st16mit then(to.-the Fund Managing Council for approval; and organize the implernt.m-tation thereof .. -: .. c/ To make periodical reports on the situation of capital mobilization and 1it\a\"\cial suppoft<;;., and 1/i\e Fund's annual financial reports to the i=:und Managing Council. · di To propose the setting up of specialized c-,onsu\tation councils, sum up and process consultations before submitting them to the Fund Managing Council for decision. el To promulgate the operation regulation of the assisting section, and submit to the Fund Managing Council for approval documents on professional guidance. fl To recommend the Fund's deputy director at1d chief accountant to the Fur1d Managing Council, which shall subsequently submit them to the Minister of Scionce, Technology and Envit"onment for No-44 (10-9-2002) OFFlC\Al. G/\.Z[rrc. appointment or disrnissal. g/ To manage and use capital, assets and other resources of the Fund accmding to this Charter and law provisions. hi To participate in regu)ar meetings of the Fund Managing Council and give their opinions on such meetings' contents. Article 11.n 1. The specialized consultation councils shalt advise the Fund on the evaluation and selection of environmental prot~ction progra,ms, projects, tasks and activities caUi ng for financia I supports. . . 2. Members .of the specialized consultation councils muit have ·professional capabilifi.es, qu alificatio:n$ and sl<iils suitable to the conterHs calling for finan6iai:a,µRPOrts. . 3 .. Th~•s'pecia:Hz,ed : consultation councils stiai i work . accoroi hg)&:the, r~gulation promulgated by the Fund Managlogj Counoi(: .·· 4•, i Ex.pen ,, .)S for ope ratlon. of the spec la lized consult~ti~n. counoi)s ;,sh~U be. accounted into the Fund's tnari~gel'.ial ;~xp~mses: ·.· .; .. •.· . , . ·'° , Oh.ap,tfJ~ IV OPERA110N OF VIETNAM ENVIRONMENT . ::·: :PROTECTION FUND' . Atticle 12.~ · · 1. Vietnam Environment Protection Fund's operation shall be conducted by the fol/owing modes: a/ Provision of loans at preferential interest rates, b/ Provision of lending interest rate support. cl Financing and co-1lnancing, d/ Entrustment undertaking and making, e/ Purchase of government bonds. 2. Eligible for the Fund's financial supports are environmental protection programs, projects, activities and tasks of national, inter--branch or iriter-•regional nature or solving environmenta I problems of sectional scale but of great impacts in the domains of preventing, fighting and ovl~rcoming environmental pollution, deterioration and incidents. 3. Subjects t-mjoying financial supports provided by the abovt:H,,Jid modes must satisfy requirements for each mode prescribed in this Charter·. Article 13.n Mode of providing loans at preferential interest rates by the Fund is prescribed as follows: 1. Borrow0rn: Borrowers are the following environmental protection programs, projects and activities: a/ Environmental pollution prevention, fighting and overcoming, and waste treatment. b/ Environmental deterioration prevention, fighting and overcoming, andbio-diversity protection. c/ Prevention, fighting and overcoming of environmental inciden'ts,-·incruding those occurring in the wake of natural disasters, . . .. The annual lists o(priori~·:6apital borrowers shall be decided by the Fund Managing·Council. ·. . .. . ' 2. Conditions on capital borrowers: a/ Being the subjects definea fn'.Clause 1 of this Article. . . .. >: / : . . · .. · b/ Hav!ng real capabilities to repay loan debts. c/ Having complete capital-borrowing dossiers as prescribed by the Fund . 3. Loan levels and competehce to decide the lending: a/ Loan levels musfnotexceed 70% of investment expenses for environmental protection contents of capital borrowers. bl The Fund Managing Council shall decide on loan level for each borrower. F"or a !oan of VND one billion or more, the Fund Managing Cou nci I shall ask for the consent of the Minister of Science, Technology and Environment. 4. Lmm terms: Loan terms shall be determined in compatibility witll the production and/or business characteristics of each capital borrower and dobt.-repaying capability of the ir1vestor, but must not exceed 7 years, ti. Lending interest rate: a/ l..011rJi11g interest rate of Vietnam Environment P1otectio11 r u 11 rJ is 0%/ye<:11. b/ C.Jpitc:il lmrrowcrs must pay the rnanagement () r n C JAi . GAZF: TTE No 44 (10-9-2002) fee to the F 1.md at specific fee rates prescribed by l\'ie Finance Minislly. 6. Loan security: a/ Capital borrowers shall be entitled to use cissets fanned fr'om borrowed capital to secure loans or secure loans with asset guarantee by a third party. b/ Pending the full repayment of debts, the investor or the guarantor must not transfer, sell, mortnage or pledge assets defined in Clause a of this Article to borrow capita\ from other sources. 7. Deduction for setting up the ri$k reserve fund for project loans: al Annually, Vietnam EnvironmentProtection Fund is a If owed to deduct O .1 % of its totanoan debit balance to set up the risk reserve'fqn'd for.:h'andling objective risks. · · · · . . ' . b/ The deducttqn' f9{:set~ing up the risk-reserve tvnd shall be acc6urited'.'.ihto't'1i-:!Fund's.professional operation experi$es. · · ,'. ' · ·.· ··· · · a. Handling'o(rlsiks> · .· The Fund's capit1rbq~rd~ersJhat, ·are,suffering from risks due: to fcitc'trrtiSJeure :reasons· shall be considered for rescheQUling·/fre.e:Zlog, ·P,artial or whole remission of their debts. · · · ·· The Fund Man~•~ing CquncU shl:fn,deaide on the rescheduHng' freezl~tj' ~nd rein.isstoh a debts vatued at up to VND one bilii¢h':'rhe ter'nf$§ion:ola debt of VND one billion or mcire·tof a borrower ITILJSI be co consented by the Minister:o(Science, Technology .:Ind Environment. and the Minister. of Finamce. :the total debt remission for borrowers must not affect the preservation of the Fund's charter capital. Article 14.- Mode of prov\d g loan interest rate supports by the Fund is prescribed as follows: 1 . The Fund sh a II decide on the )isl of and specific \oan interest rate supports for env ironrnental protection projects borrowing investment capital from credit institutions. 2. Projects eligible for loan interest rate supports must be those specified in Clause 2, Article 12 of ti 1 is Charter which are particularly irnportant to the environmental protection work and at high risk. 3. Competenr:e to decide on loan intr-,rest r':11(~ supports for environrmmtal protection investment projects wl 1en such projects borrow capita! from credit institutions is provided for like that in case of financial aids prescribed in Article 15 of this Charter. 4. The provision of loan interest rate supports shall be made only once for each environmental protection investment project. The provision of support funds shall be effected when projects are completed and their results are put to use. The total loan interest rate support amount in a year must not exceed 20% ofthe Fund's annual supplementary capitaL Article 15.~ Mocle bf financing and co-financing by Vietnam Environment Protection Fund is prescribed as follows: · ·· 1. The Fund shaff finance envirdnmentaf protection ac,tivitfes and tasks whic.h a;~·· n.ecessary, extr~cirdinary, newly emerging. or trn1;19rtant fo the enyironmental protection cause and.'sustainable dev~!opment df the nation, anefnbnnc:iu~e~'.in\plans ofthe ministries, branches an:d: fc5c~li~fe:~';(1;-j9iuding: al Propagation and educatirin to ral$~ '~d~f t~hr11ent awareness of, Md- un iversalization ·of eh~irdrfn,antal protectio~ knowled~e ,to the pop\.dation 'c:hriib%'n1ty. bl Mobii~ation of th~ oornt11uflity;s· participation in the environmental proteqtlon c.ause; comme.ndalion . and reward[ ng of organl{~fidns and ihq/vi duaJs at home and abroad that, rri:$1ke::great- cpntribu.dons to the erivironmenta!·'.PfR;\$CUo.rt and ··$.lJ~t'ainable development ·· c/ Formulation, eiperimentation 1 .popularization clnd augmentation of··.env\ronrnental protection models. di Designing of programs and projects aiming to mobHize financial aids from organizations and individuals at home and (lbroad for environmental protection. ' '' ' el Scientific research into and transfer of en vi ro nm en t-f riend ty tee h no!og ies, clean er production, solutions to prevent, limit and overcome environmental incidents. 2. Conditions for enjoying non-refundable financial aids: Activities and tasks deflncd tn Clause ·t of lhls Artlclc shall be considered for financial alds on the conclition that subjects callino for finm1Gial aids must have H reciprocal cc1pital representin~ at least 50% of No. 44 (10·9-2002) OFFICIAi .. GA/I:. rr[. the total capital required for µe1 forrr1c111ce of such environmental protection activities and tasks. 3. Subjects eligible for financial aids shall have to pay the managerial fee to Vietnam Environment Protection Fund. The specific fee \eve\s sha\\ be prescribed by tt,e Finance Ministry. 4. Competence to decide on non--refundable financial aid levels: al Non-refundable financial aid level must not exceed 50% of investment expenses for environmental protection contents of financed subjects. bl The Fund Managing Council shall decide on norwe1und3ble flnaf')Cial aid level for each eligible subject. For a finan6ial'aicfof VND one bi\Uon or more, the Fund, Managing Council shall propose it .to the Ministe,rgf Sbiehce; Technology and Environmentfor the latter's-consent. 5, :Tlle'fu~d 'shait be ehtH:l~d to cooperate with organ(z~°jibrjs.andiodividuals at home and abroad in co-iin!irydng environmental prote ctlon tasks· and activit(ei;"~ccording to the provisi6ns of this Charter and corrfpfiant \\litrj corflmitrnents of co-financing parties. · · · · · · , · 6. Theo:Fund shalkuse 'at most 50% of annual supplem~ntary capitaho: e'tfect the mode of financing and co-finf;lricing. · - Article 'f6;- Mode M undertaking and making entrustment byVfetn~m E:nvironment Pr¢tecti6n Fund is prescribed as follows: 1. Undertaking entrustment a/ The Fund may be entrusted by organizations and individuals at home and abroad to provide loans and/or recover debts and financial aids under entrustment•-undertaking contracts. b/ The Fund shall enjoy the entrustrnent undertaking service charge. The entrustment undertaking service charge levels shall be agmed upon by the parties and inscribed in entrustment undertaki11g contracts. 2. Maldng entrustment: a/ The Fund is entitled to entl"U st credit i nstitu lions and/or financial organizations to provide lo,ms ;-1nd recover ctobts unrler entrustment contr·acts. b/ E ntl'U ste d organ izatio m; Ll h al I o njoy !11 c entl'Ustment-undertaking service charge. The entrustment-undertaking service d,arge levels shall be agreed upon by the parties and inscribed in entrustment contracts. Article 17.~ Mode of purchasing government bonds by Vietnam Environrnent Protection Fund is prescribed as follows: 1. The Fund is allowed to use idle capital not originating from the State budget to purchase government bonds in compliance with law provisions and the Finance· Ministry's guidance, and with consents of organizations and individuals that supply such capital: 2. The total functJri'g amount for purchase of government bonds musfn ot exceed 50% of the total idle capital prescribed in' Cia·use 1 of this Article. Chapter \I-' - CAPITAL SOURCES FOR:'OPERATION OF VIE::TNAM ENVIR.'ONMENf PROTECTION - -- -- - --FUND: ' :: ·. . \- ;.. . ·. ... · ', .· Article -1:8.- Th·e, charter cap·ltal of Vietnam Environment Protection Fund is VNO 200 billion aUocated by the State budgetfrom the scientific non business· source and Shari be f u11y allocated with in 2 years after th· e:decisibnto setup the Fund is issued. Article 19 .. Annually, Vietnam Environment Protection Fund's operation capital shall be supplemented from-the fol lawing sources: 1. Compensations for environmental damage (to be remi'tted into the State budget) paid by organizations and individuals as prescribed by law. a/ Compensations fm environmental damage include compensations tor damage caused by environmental incidents, environrnental po!lution and ac '.ivities harmful to the environment done in the past as defined in Articles l and G:l of the Environmental Protection Law. b/ The regime of collection nnd payment of damage compensations into the r.:nvironment Protection Fund shall be implemented under the Finance Ministry's guidance. OH-ICIJ\L GAi.ET IE No. 44 (10-9-2002) 2. 50% deduction from the collected environmental protection fee as prescribed by l~1w a/ Environrnenta! protection foe includes a!I kinds of environment-related fee defined in the Government's Decree No.57/2002/ND-CP of June 3, 2002 guiding the implementation of the Ordinance on Charges and Fees. b/ The regime of fee collection, payment and partial remittance into Vietnarn Environment Protection Fund shall comply with the Government's regulations. 3. 10% deduction from an nu al fundlng for the State management over environmental protection, 4. Voluntary contributions, aids and financial supports to the Fund from organizations ahd individuals at home and a.broad: , 5. Other revenues defih.ed by law. 6. Capital entrust~d by .organizations and individuals at horhe and abro adforthe environmental protection. 'C}j~pter Vt FINANCIAL MANAGEMENr:oF VIETNAM ENVIRONMENT PROf~CTl'oN FUND Article 20.- Annually; Vietriam Erwironment Protection Fund shall:ha:ve to: ·· 1. Work out plans on m.qbiliz:lng ahd LI.sing capital for its financial support ·activities, · · · 2. Elaborate financial revenue-expendfture estimates for the operation of its apparatus according to this Charter and the Finance Ministry's guidance. Article 21. 1. A fiscal year of Vietnam Environment Protection Fund shall begin on January 1 and end on December 31 of the same year. 2. The Fund's financial regime and accountinq regime shall be applied according to the Finance Ministry's regulations. 3. Expenses for activities of managin9 and ad1ninistering the Fund's apparatus ~holl be covered by Vietnam Environment Protection r:und'c, revenue S()Uf"CCS. Artie/a 22.- Vietnarn Environment Protection r-·und shall organize by itself tl1e in tern al audit of its financial reports or hire independent auditors if deemfng it necessary. Article 23.-Vietnarn Environment Protection Fund shall make and send its professionaf operation report, statistical report, accounting report and other regular and irregular reports according to the current regulations. Chapter VII IMPLEMENTATION PROVISIONS Article 24,- This Charter tc:1kes effectl5 days after the signing date of the declsjoh '9n :prohlulgation thereof. The amendment and supplelt)~t'l t:\o ·th,e, fund's Organization and OperaUon dh;,frt~J ~IJ~II be submitted by the Fund Ma,'Haglrlg :~:i°9y~·g'u't Q the Mf nfster of Science, Tecnno/ogy.ah~;S:nv ir9ttr1~nf for decision. The chairman of th e,:Fµnd,NtMa'gidg··cbunciiand the Fund's director. li>hall 'h~ve 'tci: organize· the implElmentation of this Qli~rter: Mlnistf#' (Jf Sciem;e, .'relJ h11p/ogy and>Env;rc,r,nf'e,nl:: CHU:TUAN NHA

Organization and Operation Charter of Vietnam Environment Protection Fund · Nelum