Decision 78/2014/qd-Ttg Dated: On The Organization And Operation Of The Vietnam Environment Protection Fund

Original Language Title: Quyết định 78/2014/QĐ-TTg: Về tổ chức và hoạt động của Quỹ Bảo vệ môi trường Việt Nam

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The DECISION of organization and activity of the Vietnam environment protection Fund _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on environmental protection on June 23, 2014;
Pursuant to the law on biodiversity, November 13, 2008;
Pursuant to Decree No. 21/2013/ND-CP of March 2013 of government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;
According to the recommendation of the Minister of natural resources and the environment, the Prime Minister issued a decision on the organisation and operation of the Vietnam environment protection Fund, article 1. Scope this decision rules on organization and operation of the Vietnam environment protection Fund (hereinafter referred to as the Fund), including: location and function, principles of operation, duties and powers, the Executive Management, capital operation and the responsibility of the Ministry of the relevant departments for the Organization and operation of the Fund.
Article 2. The position and function 1. Vietnam environmental protection fund is the national environmental protection Fund, as financial institutions under the Ministry of natural resources and the environment; have legal personality, has capital, seal and accounting, balance sheet account in the State Treasury and credit institutions as defined by the law. The Foundation's headquarters are located in Makati City.
2. Vietnam environment protection Fund has the function of preferential interest loans, funding, interest support for programs, projects, activities, protect the environment and cope with climate change is not in the budget plan on a national scope.
3. the Fund's name in English: Vietnam Environment Protection Fund, abbreviated to VEPF.
Article 3. Principle of operation 1. Vietnam environmental protection fund operations for the purpose of profit but to preserve capital and offset the cost of management, tax exemption and the submission of the State budget for the activities in the field of environmental protection under the provisions of tax legislation and the legislation on the State budget.
2. The Fund is subject to the testing, inspection and auditing of the financial operations of the Fund of the State Agency on financial and State Auditor.
3. public works Funds, transparency and equality.
Article 4. The Mission of the Fund 1. The reception, management and use of resources from the State budget, funding sources, contributors, Trustees of institutions, individuals and foreign financial support for activities to protect the environment, respond to climate change on a national scope.
2. For loans with preferential interest rates for environmental protection projects across the country.
3. loan interest rate support for the projects of environmental protection loans from credit institutions in accordance with the law.
4. Grants, co-financing for environmental protection activities: processing, environmental pollution response, remedial environmental disruptions, natural disasters cause, popular activities, advocacy on the management, exploitation of natural resources and the environment of the sea and Islands; implementation of the programs, projects, plans, task according to the decision of the Prime Minister; support given the environmental award, the awards honor form held, the typical personal advances on the protection of the environment; implementation of the project, the task of environmental protection are specified in terms of organization and operation of the Fund.
5. get the Recovery Fund environment in mining with organizations or individuals are allowed to exploit minerals.
6. receiving a signed scrap import guarantee fund for institutions and individuals in imported scrap.
7. Perform a number of mechanisms, of financial policy for investment projects under the clean development mechanism (CDM), including: a) monitor, manage, collect the fees certificate sale of greenhouse gas emission reduction (CERs) certification is the International Executive Board of the CDM for the CDM project implementation in Vietnam;
b) support for the dissemination, advocacy and raise awareness about investment projects under the clean development mechanism (CDM); review, approval of the CDM project documents; managing and monitoring CDM projects;
c) subsidies for products of CDM projects.
8. support the price of electricity for the grid-connected wind power projects by decision of the Prime Minister and in accordance with the current legislation.
9. financial support for activities to deal with climate change in accordance with the law.
10. Organization of appraisal, approval levels, time and financial support for the project, the task of environmental protection to use capital support from the Fund under the Charter the Organization and operation of the Fund.
11. The Minister of natural resources and the environment to consider, decide the content and forms of assistance arises during operation.
12. Implementation of the program, proposals, projects and other duties by the Prime Minister, the Minister of natural resources and environmental affairs.
Article 5. Powers 1. Executive Agency Organization and operations business units consistent with the Charter organization and operation of the Fund and the objective, tasks.
2. Periodically check and irregular organizations use resources of the Fund in the implementation of the activities, tasks and projects on environmental protection and climate change. The Foundation has borrowed, rights to suspend financing or loan interest assistance for owner breach of commitment with the Fund or to violate the regulations of the State; sue the owner violated the provisions of the law.
3. use of the idle Fund of funds to send in the commercial banks for the purpose of conservation and development capital for the Fund but must ensure safety.
4. Make and receive the technical assistance activities of the Organization, individuals in and outside the country to augment the capacity of the Fund.
5. Refuse the request of the organization or individual about providing the information of the Fund if the request is contrary to provisions of law and rules of organization and operation of the Fund.
6. direct relations with the institutions and individuals in and outside the country to call for, attracting and receiving funding or additional financing for the Fund under the provisions of the law.
7. Election of officers, employees and workers of the offshore Fund the work, study, visit, survey under the provisions of the law.
Article 6. Organizational structure, management and operating structure, management and administration of the Fund, including the Management Board, supervisory board and executive bodies.
1. The Board of Trustees consists of the Chairman and the Commissioners a) Chairman of the Board of Trustees was an Deputy Minister of natural resources and the environment;
b) Commissioners including Foundation Director and leader of the Ministry, Agency: resource and environment, finance, planning and investment, and the State Bank of Vietnam;
c) based on the proposal of the Ministry, Agency: finance, Ministry of planning and investment, Vietnam's State Bank, resources and the environment, the Minister of natural resources and environmental consideration, decided to list the Member Fund Management Board.
Director of the Fund's Trustees work in dedicated mode of Fund Management Board; the other members of the Board of Trustees to work in part-time mode and enjoy the mode according to the current regulations;
d) annually, funds management Council regulation mechanism of incentives, the range of incentives, preferential interest rates, supporting the products and projects on environmental protection;
DD) tasks, powers and mode of work of the Fund Management Board made in accordance with the rules of organization and operation funds.
2. Control Board consists of Chief of Control Board and some members of the Control Board, control officer by the Minister of natural resources and the environment appointed, dismissed on the basis of the proposal of the President of the Board of Trustees. The number of supervisory board members to no more than 5 people.
Control Board operating under the dedicated mode.
3. the governing body of the Fund consists of: the Director, the Deputy Director, Chief Accountant and rooms, business centers, boards, branches and representative offices in the South and central region a) Director of legal representative of the Fund by the Minister of natural resources and the environment appointed or dismissed on the basis of the proposal of the President of the Board of management The Fund;
b) Deputy Director, Chief Accountant suggested by the Fund Manager, Chairman of the Board of Trustees review, the Minister of natural resources and the environment appointed or dismissed;
c) organizational structure, functions and duties of the Business Committee, room, the Center, the branches and representative offices of the agency business operating Funds by Fund Manager regulation after the opinion approved by the President of the Board of Trustees;
d) governing body of the Foundation work in dedicated mode.
Officials and employees working in the Fund are entitled to salary, bonuses, benefits and other benefits under the rules as for limited liability company a member owned by the State.
Article 7. The capital of the Fund 1. Raising the level of the Fund's capital due to the State budget from 500 (five hundred) billion to 1,000 (one thousand) billion in 3 years (2015-2017); until 2017, was granted enough 1,000 (one thousand) billion.
The increase in the Charter capital of the Fund because the Prime Minister decides on the basis of the proposal of the Ministry of natural resources and the environment after unification with the Finance Ministry.
2. additional Capital annually from the source: a) the State budget spent on environmental careers compensation level of funding funding for the project, the task of environmental protection have made additional capital and annual activities for the Fund.
Every year, the Ministry of natural resources and the environment in general needs to use capital from the source Environment Fund's career spending sent the Finance Ministry to review the decision;
b) The compensation of the damage on the environment and biodiversity into the State budget;
c) fee sell, transfer certificates that greenhouse gas emission reduction (CERs) obtained from CDM projects undertaken in Vietnam;
d) the grants, assistance, voluntary contributions, investment trust of institutions and individuals in and outside the country for the field of environmental protection and response to climate change;
DD) other legal capital in accordance with the law.
Article 8. The responsibilities of the ministries concerned 1. Ministry of natural resources and environment is the State governing body of the Fund's operations, is responsible for:

a) issued the Charter of organization and operation of the Fund in accordance with this decision and the current law provisions;
b) decided to set up Fund Management Board, appointing, dismissing the HR leadership, fund management by the authority;
c) directing, instructing the Fund in cooperation with the Global Environment Fund (GEF) and other international organizations in providing financial support for the activities on the protection of the environment and respond to climate change;
d) presided over the implementation of the inspection, the Executive overseeing financial management regime; approved financial report every year of the Fund;
DD) as a clue to solve common issues and problems of the Fund before the Prime Minister decided, approved;
2. The Ministry of finance is responsible for guiding implementation of the financial management mode for the Vietnam environmental protection Fund.
3. Ministry of planning and investment has responsibility for guiding Funds in the mobilization, management and implementation of the aid, ODA and concessional loan of donors, international organizations, consistent with the provisions of the Government of Vietnam and the requirements of donors.
4. The ministries concerned perform functions and tasks according to the jurisdiction assigned to it.
Article 9. Terms of implementation 1. This decision has effect from the date of Feb. 20, 2015. Replace decision No 02/2014/QĐ-TTg dated 13 January 2014 of the Prime on the Organization and operation of the Vietnam environment protection Fund.
2. The Secretary of the Ministry, the heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, Chairman of the Board of management and Director of the Vietnam environment protection Fund is responsible for the implementation of this decision.