Decision No. 114/2008/QD-BNN establishing Vietnam Forest Protection and Development Fund

Is5'ue nos Q5.0l1iOetemoor 2OQ8 OFFICIAL GAZETTE (Cong Baa nos 642-643/December 14, 2(08) THE MINISTRY OFAGRICULTU/lEAND RURAL Db'VEWI'MENT 13 DECISION No. 114/2008/QD-BNN OF NOVEMBER 28, 2008, ESTABLISHING VIETNAM FOREST PRQTECT10N AND DEVELOPMENT FUND THE MlNISTER OFAGRICULTlJREAND RURAL DEVELOPMENT Pursuuru to the Govemmeni s Decree No. 01/ 2008IND-CP ofJanuary 3, 2008, defining the functions, tasks, powers and organizational structure ofthe Ministry ofAg, icuiture tumRutul Development; Pursuant to theGovernment's Decree No. 051 20081ND~CP of January 14, 2008, on forest protection and development funds; © VIETNAM LAW & LEGAL FORUM 14 OFFICIAL GAZETTE Issue nos 05-06lDecember 2008 {Gong Bao IlOO642 64Wcoombcr 14,20(8) At the proposal of the director of the Organization and Personnel Department and the director ofthe Forestry Department, DECIDES; Article J.- To establish Vietnam Forest Protection and Developmem Fund To eseablish Vietnam Forest Protection and Development Fund at the central level (below referred ttl- as the Fund) to mobilize, receive, manage and use financial resources for forest protection and development activities under the Government's Decree No. 0512008IND-CP of January 14, 2008. ArtU:lJ: 1.- The Fund's legal Slams 1.TheFund is a Slate financial institution and subject to the Agriculture and Rural Development Ministry's management. 2. The Fund has the legal person status and its own seal and may open state treasury and bank accounts clCcording to law. 3. The Fund's name: Quy Bao va va Phat trion RungVietNamtTrung uong - central level). 4.The Fund's international transaction name: Vietnam Forest Protection and Development Fund, abbreviated to VNFF. 5. TIle Fund is headquartered at the Ministry of Agriculture and Rural Development. Address: No.2, Ngoc Ha street, Ba Dinh district, Hanoi. Article 3.- The Fund's tasks and powers 1. Tasks al To mobilize, receive and manage compulsory contributions; aid, financial supports, voluntary contributions and entrusted funds of domestic and foreign organizations and individuals; and state budget's financial supports; bl To organize according to its financial capacity and competence the evaluation and selection of programs, projects or non-project activities, and submit them to competent authorities for approval or decision; cI To finance programs, projects, provincial level forest protection and development funds or non-project activities; d/ To direct, guide, inspect and supervise managers and users of ftnancial supports provided by the Fund; e/To observe the laws on statistics,accounting, audit and the regulations on reporting to the Ministry of Agriculture and Rural Development; fl To preserve and develop the Fund's capital sources and cover management expenses; gl To provide guidance and e x c han g.e experience on the Fund's management operations; hi To perform other tasks assigned by the Minister of Agriculture and Rural Development, 2. Powers aI To allocate fund" for programs. project" or non-project activities under approved annual plans; blTo inspect, assess and check upon take over © VIETNAM LAW & LEGAL FORUM Issue nos 05-06lDecelllber 2008 0FFIelAL GAZETTE (Cbng 830 nos642-643f[)~mber 14, 2008) 15 implementation outcomes of programs, projects or non-project activities financed by the Fund; cJ To suspend the operation of, or retrieve provided financial supports from, organizations, households, individuals UT village cornrnuuiries that breach fund use commitments or violate relevant laws; dJ To propose competent state management agencies to prornulgare, supplement or amend regulations on eligible recipients ofand activities for the Fund's financial supports. Arti£/e 4.- The Fund's organization 1. The Fund Management Council IS composed of9 members as follows: aJ The Chairman, who is a vice minister of Agriculture and Rural Development in charge of forestry affairs; bI The vice chairman, to be appointed among the Council members; cl Members, comprising: The director of the Forestry Department; The director of tbe Ranger Department; Four (04) reprf'.<;~ntatjVf·"nf n~partmellfnl­ Jevelleaders of the Ministry of Agriculture and Rural Development, including those of the Planning Department: the Finance Department; the Science, Technology and Environment Department; and the International Cooperation Department; ~ One (01) representative of a departmental level leader of the Ministry of Planning and Investment; One (01) representative of a departmental level leader of the Ministry ofFinance, The Fund Management Council operates on a part-time basis.The Council members' working u;gillle, tasks and puwers shall be prescribed by the Council Chairman according to the Council's organization and operation charter to beapproved by the MinisteT of Agriculture and RUf'lJ Development. The Fund Management Council is answerable for its all activities before the Mmister of Agriculture and Rural Development and law. 2. The Fund Control Board is composed of between 3 and 5 members to be decided by the FundManagemen! Council and operateson a part time basis. The Fund Control Board's head shall be appointed or relieved from office by the Minister of Agriculture and Rural Development at the proposal of the Chairman of the Fund Management Council. The tasks and powers of the Fund Control Board shall he rlf',tinp.rl hy the Fnnd Mlffl~2P.TDe'nt Council. 3. The Fund Administration Board is based at the rorestry Department: aJ The Board's organizational structure is composed of the director, a deputy director, the chief accountant and assisting divisions. The Fund director works on a full-time or part-ti me hasis find shall hP.:lflpni ntr-d or TPJlewLi from office by the Minister of Agriculture and Rural Development at the proposal of the Fund Management Council. © VIETNAM LAW & LEGAL FORUM 16 OFFICIAL GAZETTE Issue nos 05-06IDecember 2008 (Gong Sao nos 642-643JDecember 14, 2(08) The appointment or relief from office of the deputy director or the chief accountant, and the establishment or dissolution of the Fund AdministrationBoard's assistingdivisionscomply with the Fund's organization and operation charter. blThe Fund Adrninistration Board's tasks and powers are defined in the Fund's organization and operation charter and relevant laws. Artit*- 5.- The Fund Management Council shall direct the Fund Administration Board; assume the prime responsibility for, and coordinate with functional agencies of the Ministry ofAgriculture and Rural Development in, elaborating the Fund's organization and operation charter and submitting it to the Ministry for approval. Artick 6.- This Decision takes effect 15days after its publication in "CONG BAO." Article 7.- The director of the Ministry's Office, the director of the Organization and Personnel Department, the director of the Forestry Department, members of the Fund Management Council and the Fund Administration Board, heads of concerned agencies and units under the Ministry, and concerned organizations and individuals shall implement this Decision. For the Minister of AgricufJure andRural Development VICe Minister HUADUCNHI . © VIETNAM LAW & LEGAL FORUM