Decision No. 82/2002/QD-TTg on the setting up, organization and operation of Vietnam Environment Protection Fund

No. 35 (25-7-2002) OffiClfL Gi\ZL r1E DECISION No. 82/2002/QD-·TTg OF Jl;NE 1G, 2002 ON THE SETTING UP, ORGANIZATION AND OPERATION OF VIETNAM El\!\IIP.ON MENT PROTECTION FUND THF: PRIME MINISTER Pursuant to the !.aw on Org,rnizcJi'ior 0 1 ,>fn., Govornment of December 25, 2001; Pursuant to the Law on [:"rNinJn1n·3n/a! Fr'J/.'?,:/ic-'' of December 27, 1993, P1Jrsuant to the Govornmcnt's Deem( ; /Jo i 7r'J C:P of October 18, 1994 guiding the i:n.o/c!(;, Jntdii1Y1 0FFICiAL GAZEHE of the Law on Environmental Protection At the proposal of the Minister of Science, Technology and Environment, DECIDES: Article 1.- To set up Vietnam Environment Protection Fund in order to mobilize capital from organizations and individuals at home and abroad; arid receive the State's investment capita\ soufces to. support environmental protection programs, projects as wel! as activities and tasks nationwide. Vietnam EnvironmentalProtection Fund is a State run financial organization which fs attached to the Ministry of Science, Technology and Environment and subject to the financial S~t~ management by the Mfnfstry of Ffnanq( ·';',-' · -- · · .-: .. : . ·., .· ,. Article 2.- T~e .. legal )osition of Vietnam Environment Prcite¢.ti0:nfund: 1. Vietnam Et1Vironi-rien't Protedion Fund is a State run financial o~~~f\~~.t(bn Which functions to provide financial support ln:-the•~ld. of environmental protection. Vietnam Environ~e~~ Pto~ctbn Fund has the legal person status, ifs .charter capital, its own accounting balance sheet andj~ea.l;;anp is ehtiU~d to ripl:m accounts. at the State Treasu}y,and't:>anks athome:·and abroad. 2. Its transactiori;:haine: V1et~arri Environ.ment Protection Fund. (VEP.F):' - · - - -- ·:.· : : . ·. '-. : 3. Vietnam .Environment Protection Fund's head office is located (n Hanoi. The Fund shall have its representative offices located in provinces and centrally-run ci ties as decided by the Fund's Managing Council. In case of necessity, the Fund 'may open its ave rsea s transaction offices according to the Government's regulations. 4. The Fund rnay, together with Environment Funds of branches and localities as well as, funds of other types, co-finance environmental protection activities. Article 3.- Operation of Vietnam Environment Protection Fund. Vietnam Environment Protection Fund shall operate for non-profit purposes, but must ensure the retrieval of itc, charter cap it21 I ;1ncl the covrHal: e o' n' ;:m;::,;: c➔ t ·, i1 expQr,ses. To assign the Minister of Science, Tcr.hnolcS;y a"·,c Environment to promulgate the Re]u!8tir)ri •: ,;1 organization and operation of Vietnam 1'.:nvironmv1t Protection Fund suitable witt1 this Decisio11 a11d currer,t regul2tions of the State. Article 4.- Tasks of Vietnam Environmr,n1 Prok,::f1(1:1 Fund. 1. To mobilize financial sources at horn-:: and i.l tread according to the provisions ofVietnan1ese lawf in ,)rde; to creatr:! sources -- of investment cJpiia ,y environmental protection. 2. To render finenciat support for pmgrarn::.: c:.nd projects on as well as activities of preventing, corn tarn q and overcoming environmental pollution, deterio1 afon and incidents of natlonal, inter ~sect\on8! or inter-rep ionai nature,-orsettling environmental matters of local nature but with large impact scope in thP. following forrr-s: a) Providing loans at preferential interest rates; b) Providing !ending interesfrate supp011 iu investmentprojectS:Jm environmentc1! protection wt; 'ii'; capita! is borrowed from other credit institutions; c}providing finandal support for a numtie1 uf envirdrimenta! protection activities and taskspresuibed in the Regulation oh :organfr.atioh arid bperati:Jn nf Vietnam Environment Prote·ction Furid. · . : . • 3.,To receive ~nd.managl.:! the capitGI souru:.!s entrusted-by domesticand overseas.organizations and individuals ih -ordet to provide -investment or fi n:m '.:ia! support for envirohinenta\ protection activitie~; ,ind tasks. 4. To assume the prime respo1s1bilit1, ,,nd coordinate with functional ageni:ies in orgc:11:iz:'r g . ,-,,,:, appraisal and selection of environmer:tai µrctec-'10,1 activitie~., tasks and projects calling for f;r,; rn . .ia, assistance or investment support in strict uccu;da,1·.Y. with !aw provisions. 5. The Fund mc:.y use idle capital not origina,ino from the State budget to buy the Government ilo•K!s according to law provisions, provided that it is <,o consented by the capital-providing organizations ~x,d/ or individuals. Article 5.- Powers of Vietnam Enviro1-rr,.,,,,t Protection Fund. '1fa. 35 (25-7-2002) OFFICIAL GAZETTE 1. To organize the operation of its executive body and professional units in strict C\.lmp\ial'lce with its Regulation as well as objectives and assigned tasks. 2. To regularly and irregularly inspect the implementation of environmental protection activities, tasks and projects by units using the Fund's capital. For investors that breach commitments made with the Fund or violate th.e State's regulations, Vietnam Environment Protection Fund may withdraw its lent capital, stop the financial assistance or lending interest rate support and initiate lawsuit against those investors at competent agencies according to !awPrnvisions. 3. To be e ntitled to invite specialists from the . . concerned ministries, brc,mches and organizations to join the Gou ricit Jor. appraisal of environ mental protection activities, tasks and projects calling for 1inancia,\ 'assjstance or investment support, as well as in serVice of other activities ofthe Fund. 4. To 'edjoY the s-~lary: ban us and welfare regimes as cur're'ri;tiy pr~'scribed for State enterprises: s. ,ro:retuse-aurequests -of anv organizations or indiv;id uals fer the provision of information. and other resources'otVietha IT) E nvir-onm ent Protection Fund' if such requests :,fre cbrtt'rary to the provisions of laws and theRe~ulation on:organization and·operation of Vietnai'n ~nvironmeht Protection.Fund. 6. To di r:ectlycbrHacfw1fh domestic and overseas organizati0n$,p~~Jbr: lr1(1iyidua1s· 1n· Order to call for, attract and rece:iy~ ::~6natiortt{Qtto n;iobilize investment capital forenvit~nri1eJitafprotecti6~projects: activities and tasks under the Operation filans assigned to Vietnam Environment Protection Fund. 7. To be entitled to send officia!s and employees of Vietnam Environment Protection Fund abroad for working missions, study, visits or surveys strictly accordlng to the provisions of laws. Article 6.~ Capital sources of Vietnam Environment Protection Fund. Capital for operation of Vietnam Environment Protection Fund shall be formed lrom the following sources: 1. The Fund's charter capital of VND 200 billion, allocated by the State budget. The State budget shall allocate adequate charter capital for Vietnam Environment Protection Fund within tv•,·c yn;i ·s :is frc. n the date of issuing the establiEhm:~nt ;J,;;:·,';s\-·:;; ·i \ e change in the charter capital of Vietnam Erwirr;rirm:nt Protection Fund shall be decided by the Pr•irr e )1iini-st :r at the proposals of the Ministry of Sc:ence, foclinoi<iriY and l::nvironment, the Ministry of Fir,ancn :;mi t1·'." Ministry of Planning and Investment. 2. Operation capital from other sources a) Compensations for environmental dan.,1!-)e (l~;e amounts payable to the State Dudget) p~;id by organizations and individuals as pr,";Scribec! t,/ l,,w,:: b) The deduction of 50% o· envi1 rm--r,e11 <ii protection charges as prescribed by l;,ws: c) The deduction of 10% of the ann uc1I ft mding :. ,r activities of State management '.lf an··.1irx:·,,en,di protection: d} Contributions voluntarily made by domestic arcl overseas organizations and individua!s: e) Aids and clonations from domestic ard O''er::;e~,s organizations and individuals; f) Other revenues as prescribec by lnw,·; g) Capital entrusted by domestic :md O\'WSC,<; organizations and individuals fo1 environ men t,1i protection activities. Article 7.~ The managerial and exsct:t1v3 apparatus of Vietnam Environment Protedor1 f:unc1. .. . : The, mam~gerial and executive appr,iratus :.,f VletnamEnvironment Protection Fund sh,dl consist ofthe'Managing Council, the Contt"OI Bo,nd ;md i!1,:: operation-administering body 1. The Managing Counci! of Vidnarn r::p•ir•1r,n1'c>>', Protection, Fund sh all be com posed of ti ve r 1E· ,, , t,e,·, . including a representative of leadership of 111;; \1, 1 n::d; / of Sci1~nce, Technology and Environmi:;nt, ,:::Jr:'rctc:A representatives of the Minis try of Fin ':Ince, th c:, rJ i r: is'., i of Planning and Investment and Vie~min, St.Jtt, U.c1i';:/, and a leading official of the Environment DE·partr,1e:'t under the Ministry of Science, Techno'ogy tm.J Environment. The chairman of the Managin:i (;ounc:I of Vietnam Environment Protection F1.1nd shall bE :, vice-minister of Science, Technology and Environ11,ef'L The Minister of Science. Technoio9y and Envirrinn1E.,,1 l shall, basing himself/herself on ti1c p1·opos:1!::- '.:f tlr: Ministry of Finance, the Minic'.\ry uf Pi;;nni,;~1 , ;;;:I OFFICIAL GAZETTE lnv(c.stment and Vietnam State Bank, issue decisions appointing members of the Managing Council of Vietnam Environment Protection Fund. Members of the Managing Council shall work on a part-time basis and enjoy the regimes prescribed by the State. 2. The head of the Control Board shall be appointed and dismissed by the Fund's Managing Council. Members of the Control Board shall be decided by the Managing Council at the proposal of the Control Board's head and work on a part-time basis. 3. The operation-administering ·body of Vietnam Environment Protection Fund.shall •be composed of a director, a deputy director.•a chief accountant and assisting section. The post of VJetn'ani : Environment Protection Fund; s director shall beheld concurrently by a leading official of the Environ ri7ent Department and appointed by the Minister o(Sdence, Technology and Environment at the pfoposaJ of the Managing Gou ncil . ... , . . The deputy diredbrand thiefactountant shall be appointed and di~niissed by the Minister of Science, Technol,ogy and :g/iyfrohment at the proposal of Vietnam En vi ran n,:~nt :!protection Fund's di rector, submitted to hit:r1/her by the rvtanag ing Counci I. .. . . The assisting< $.ection shaU<be decided by the Managing Coun't!!:''AJ,:ttie initial s.lage, ·Vietnam Environment Protedion i=und may emp!Oy' the Environment Departrtien't's apparatus to administer the Fund's operation .. ··· · · Article 8.- The Minl~:t~r :()f Science: Technology and Environment and th.8Mlnister of Finance shall have to guide the implementation of this-Decision Article 9.- implementation provision:s. This Decision takes effect 15 days after its signing. The Minister of Science, Technology and Environment, the Minister of Finance, the Minister of Planning and Investment, the Governor of Vif.'.'lam Slate Bank, the Minister-Head of the Government Commission for Organization and Personnel, the chairman of the Managing Cou n ci I and the di rector of Vietnam Environment Protection Fundshall have to organize the implementation of this Decision. The ministers, the heads of the mi;1isterial-level agencies, the heads of agencies attached to the Government and the presidents of the People's Committees of the provinces and cerrtrai!y-r;m ci'.ie; shall have to implement this Deci~;ion For the Prime Minister Deputy Prime Minister PHAM GIA KHIEM