Decree No. 09/37 Of 10 October 2009 On The Establishment, Organization And Operation Of A Public Institution Called 'national Fund For The Advancement Of Women And The Protection Of The Child',

Original Language Title: Décret n° 09/37 du 10 octobre 2009 portant création, organisation et fonctionnement d'un Etablissement public dénommé « Fonds National pour la Promotion de la Femme et la Protection de l'Enfant »,

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Read the untranslated law here: http://www.leganet.cd/Legislation/Droit%20Public/DH/D.09.37.10.10.09.htm

Decree No. 09/37 of 10 October 2009 on the establishment, organization and operation of a public institution called "National Fund for the advancement of women and the Protection of the child", the Prime Minister, pursuant to the Constitution, specifically in article 92;
Pursuant to Act No. 87 - 010 of 1 August 1987 on the Family Code; Pursuant to law n' 06/018 of 20 July 2006 on sexual violence amending and supplementing Decree of January 30, 1940, on the Congolese penal Code;
Pursuant to law No. 08/009 07 July 2008 laying provisions applicable to public institutions;
Pursuant to law n ° 09/001 10 January 2009 on the protection of the child;
Having regard to the order No. 08/064 10 October 2008 concerning the appointment of a Prime Minister, head of Government;
Having regard to the order No. 08/067 of October 26, 2008, appointing Deputy Prime Ministers, Ministers and Vice-Ministers;
Given order No. 08/073, December 24, 2008, on the Organization and functioning of the Government, practical arrangements for collaboration between the President of the Republic and the Government as well as between members of the Government, especially in its articles 9, 10 and 11;
Having regard to the order No. 08/074 24 December 2008 fixing the functions of departments, especially in its article 1, litera B item 36;
Whereas it is necessary to set up a national structure to coordinate all the actions of mobilization of the necessary resources to the advancement of women and the protection of the child;
On the proposal of the Minister of gender and family and the child;
The Council of Ministers heard;
ORDAINED TITLE 1: GENERAL PROVISIONS.
Article 1: there is hereby established a National Fund for the advancement of women and Protection of the child, in acronym 'FONAFEN', hereinafter referred to as 'the Fund '.
Article 2: The Fund is a public establishment in technical, financial and social nature.
It is governed by the General provisions applicable to public institutions and by this Decree.
Article 3: The Fund has its headquarters in Kinshasa. It operates throughout the national territory.
It can create offices in the provinces, cities, common and, is it necessary at the local level.
Article 4: The Fund mission is to general mobilization and management of resources in relation to the advancement of women and the Protection of the child.
As such, he is responsible to contribute to the implementation of the national gender policy and to strengthen the financing of programmes, projects and activities relating to the advancement of women and the protection of the child by: a) the mobilization of resources at the national and international level;
b) the management of the resources mobilized for the benefit of programs, projects and activities for the promotion of women and the protection of the child;
c) strategic, technical and political advice to the attention of the development partners involved in the areas of the advancement of women and the protection of the child;
(d) support to the collection of resources by the services and structures for the promotion of women and the protection of the child).
Article 5: As part of its mission, the Fund cooperates with Governments and public and private statements competent, organizations and associations women's and child protection, as well as the development partners interested in its activities.
TITLE II: ORGANIC STRUCTURES.
Article 6: The Fund has as organs:-the Board of Directors;
-The Directorate-General;
The College of the Auditors.
Chapter 1: the Board of Directors.
Article 7: The Board of Directors is the body for design, guidance and control, decision of the Fund.
It defines the general policy of the Fund and determines the program. It shall adopt the budget of the Fund and approves year-end financial statements.
Article 8: The Board of Directors is composed of the following five members:-two representatives of the Government;
-A representation of organizations and women's associations;
-A representative of the organizations and associations for the protection of the child;
-The Director-General of the Fund.
-A representative of the development partners attended the meetings of the Board of Directors as an observer.
Article 9: The members of the Board of Directors are appointed, relieved of their functions and, where appropriate, dismissed by order of the President of the Republic, on the proposal of the Government, deliberate in Council of Ministers.
Among the members of the Board of Directors, the President of the Republic appointed one non-Executive Director President.
The mandate of the members of the Board of Directors is five years, renewable once.
Chapter II: Branch.
Article 10: The branch is the management of the Fund Authority.
As such, it executes the decisions of the Board of Directors and ensures the day-to-day management of the Fund. Drawing up the budget and financial statements. She oversees all the services of the Fund.
In addition, branch represents the funds towards third parties.
The branch has all the powers necessary to ensure the proper functioning of the Fund and to act in all circumstances in his name.
Article 11: The Executive is composed of an Executive Director and a Deputy Director General.
The Director general and the Deputy Director-General are appointed, relieved of their functions and, where appropriate, dismissed by order of the President of the Republic, on the proposal of the Government, deliberate in Council of Ministers.
The mandate of the members of the Directorate-General is five years, renewable once.
Article 12: Legal actions both in demand in defence are introduced or supported on behalf of the Fund by the Director general, by the Deputy Director-general or by any other person authorized for that purpose by the Director general.
Chapter III: Of the College of Auditors Auditors.
Article 13: The College of Auditors ensures control of the fmancieres of the Fund operations. It is composed of two people from professional structures separate and supporting technical knowledge and proven professional.
The Auditors are appointed by Decree of the Prernier Minister, deliberate and Council of Ministers on a proposal of the Minister having the genus, family and child in charge, for a non-renewable term of five years.
However, they may be removed from office for misconduct in the execution of their mandate.
They cannot individually take no decision.
Article 14: The Auditors have in college or separately, an unlimited right of monitoring and control of all operations of the Fund.
In this regard, they have mandate to check the books, Fund, portfolio and the values of the Fund, to control regularity and sincerity of inventories and the financial statements and the accuracy of the information given on the accounts of the Fund in the reports of the Board of Directors.
They can read, without moving, books, correspondence, minutes and, generally, all entries in the Fund.
TITLE III: HERITAGE.
Article 15: The heritage of the Fund consists of all objects indispensable to the achievement of its purpose.
Article 16: The heritage of the Fund may grow by:-of the contributions which the State may grant him;
-Reservations which can there be incorporated into the conditions of this order.
TITLE IV: FINANCE.
Article 17: The Fund's resources consist inter alia:-contributions or subsidies from the State.
Exceptional rewards, for certain services special, fixed conventionally between the Fund and the users of its services;
-Various contributions, contributions, donations and bequests which may be made to the Fund;
-Financial support from the development partners.
Article 18: Fiscal year the bottom starts 1 cr January and ends on 31 December of each year.
Article 19: The accounts of the Fund shall be held in accordance with the legislation in force in Democratic Republic of Congo.
Article 20: The Board of Directors establishes annually a statement of estimates of revenue and expenditure for the coming year.
The budget of the Fund is divided into operating budget, capital budget and cash flow budget.
Article 21: The operating budget include: 1. products: operating resources and diverse;
2. in expenses: operating expenses, personnel expenses, taxes and other financial charges.
Article 22: The capital budget includes: 1. in revenue: the resources to deal with these expenses, including inputs new of the State, capital grants from the State, loans, the excess of operating revenues on expenditures of the same kind and miscellaneous revenues, levies on placed assets, disposals of property, etc.
2. in expenditure: acquisition costs, renewal or development of capital allocated to professional activities, the acquisition costs of the assets of any kind not intended to be allocated to these activities (investments financial, housing, buildings etc.).
Article 23: The cash budget includes: 1. in revenue: operating revenue and diversified;

2. in expenses: operating, non-operating expenses, personnel and various.
Article 24: The budget of the Fund is subject to the approval of the supervisory authority, no later than 30 November of the year preceding that to which it relates. It is considered approved when no decision was taken towards him before the beginning of the year.
Article 25: The entries concerning the operations of the budget are made indicative.
For the redevelopment of the budget, the Fund must submit a State of ad-hoc forecasts for the approval of the supervisory authority. This approval is deemed to be earned when no decision is taken within a period of one month from the filing.
Article 26: The accounts of the Fund is organized and held to allow: 1. to know and to control the operations of the loads and losses, products and profits.
2. to know the heritage status of the Fund;
3. to determine the results of the exercise.
Article 27: at the end of each fiscal year, the Board of Directors commissioned: