Decree 94/2014/nd-Cp: Regulations On The Establishment And Management Of Disaster Prevention Fund

Original Language Title: Nghị định 94/2014/NĐ-CP: Quy định về thành lập và quản lý Quỹ phòng, chống thiên tai

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Number: 94 /2014/ND-CP
Hanoi, October 17, 2014


Regulation of the establishment and management of the Foundation, Anti-disaster


Government Law Base December 25, 2001;

Office of Law Enforcement, Anti-disaster June 19, 2013;

At the suggestion of the Minister of Agriculture and Rural Development,

The government issued a regulatory decree on the establishment and management of the Foundation, fighting disaster.

Chapter I


What? 1. The adjustment range

This decree provides for the establishment; subject and level of contribution; management and use of the Foundation, anti-disaster (later called the Fund).

What? 2. Subject applies

This decree applies to the agency, the organization, the household, the Vietnamese personally; the organization, the foreign individual, the international organization that lives, operates or joined the chamber, fighting natural disasters in Vietnam.

What? 3. Fund Operations Principles

1. The management and use of the Fund must ensure the right purpose, timely, public, transparent, fair and effective.

2. The Fund operates not for profit purposes.

What? 4. Founded the Foundation

1. The foundation was established in the provincial level, administered by the Provincial People ' s Commission. The year-end Fund is transferred next year.

2. The chairman of the Provincial People ' s Committee decided to establish the Fund Management Authority. The Fund Management Authority is located at the Department of Agriculture and Rural Development has a seal and is open to account at the State Treasury. The Foundation Director led by the Chairman of the Provincial People's Committee decided to appoint, dismissal.

3. Chairperson of the Provincial People's Committee issued the Committee on the Organization and Operations of the Foundation; the mandate to the District People's Committee, the social-level organization of the Foundation.

Chapter II


What? 5. Subject and contribution levels

1. Independent accounting economics organizations:

The one-year mandatory contribution is two-thirds of the total value of existing assets in Vietnam according to the annual financial report, but a minimum of 500 million, at a maximum of 100 million copper and is accounted for in the cost of operating business.

2. Vietnamese citizens from the age of 18 to the end of the labor age according to the laws of labor contribute as follows:

a) Officer, civil officer, officials in the agencies, organizations, the armed forces, the managers of the state-owned enterprises, the one-day-per-year-per-year-per-year-per-year-old, according to the basic salary, after the tax breaks, the insurance must submit;

b) The worker in businesses plays one day per person per year, according to the regional minimum wage;

c) Other workers, except for the objects that have been specified at Point a, point b This Article, close 15,000 per person per year.

3. Recommend organizations, individuals to participate in voluntary contributions to the Foundation.

What? 6. Subject is exempt, reduced, suspended contribution

1. The object is exempt from the contribution:

a) The wounded, the wounded and the people who enjoyed the same policy as the wounded;

b) Father, mother, wife, wife, or husband;

c) The military service in the armed forces, corporal corporal, the service soldier has a deadline in the People ' s Public Security who is enjoying a charge of charge;

d) Students, students who are attending a long-term focus at universities, colleges, high schools, vocational education;

People with disabilities or impaired labour from 21% or more; people with a poor illness have the certification of the hospital from the county level.

e) Who is in a period of unemployment or has no employment from six months in a year or more;

) Members of the household are poor or poor; members of the household are in the highlands, the depths, the remote areas; members of the household are damaged by natural disasters, epidemics, explosions, accidents;

h) The cooperative does not have the source;

i) The independent accounting economics organization of the year suffered from natural disasters caused by natural disasters, factories, equipment; remodeling, shopping with a value greater than two tens of tens of total assets of the organization or having to stop producing business from five days or more.

2. Subject is reduced, suspend contributions:

Independent accounting economics, exempt from corporate income tax, is considered to be reduced, due to a donation to the Fund.

What? 7. Authority to decide as long as, decrease, suspend and deadline immunity, drop, suspend

1. The Provincial People ' s Committee decided to be waived, down, adjourn to the subjects prescribed at Article 6 of this Decree.

2. Deferred, mitigable, suspended local Fund contributions are conducted once a year at the time of the delivery of the fund procurement plan. The case is free, decreased, suspended due to natural disaster damage, organization, and local authorities to report the damage to the local government for the use of the authority to send the authority to review the waived, reduced, suspended authority. The object case contributed money to the Fund, if given as long as, down, paused, the amount of money filed was subtracted from the contribution of the following year.

Chapter III


What? 8. Steal management plan

1. The head of independent accounting economics is responsible for submitting the Fund in accordance with the stipulation stipulated at Article 1 Article 5 This decree moves into the account of the Provincial Fund Management Authority or district-level account provided by the Provincial Committee of the People's Provincial Committee.

2. Head of the agency, the organization is responsible for the recording of the cadres, the public, the officer, the worker, the officer, the officer in the armed forces of the scope of the management and the transfer to the provincial fund management agency ' s account or into the district-level account due to The Committee of the People's Provincial Committee.

3. The Social People ' s Committee organizes the income of other labor objects on the site (except for the objects that have been obtained at Article 2 of this Article) and submitted to a district-level account provided by the Provincial People's Committee. The cash collection must be present from the Ministry of Finance sample.

4. The deadline for the Fund: For individuals to submit once before 30 May every year; for the independent accounting economic organization filing a minimum of 50% of the number must submit before 30 May, the remainder filed before 30 October each year.

5. Head of the agency, organization, and the People's Committee on Residential Infrastructure, the contribution to the extent of the management, the subjects are exempt, reduced, adjournated to build the planning of the agency, unit and locality.

6. The chairman of the Provincial Committee of the Provincial People's Guide, Approving, announces the plan to collect the Fund for each agency, the relevant unit.

What? 9. The Fund ' s Content

1. In support of room operations, anti-disaster regulations at Section 3 Article 10 Law Enforcement, Anti-disaster, include:

a) Relief support, disaster relief assistance: Emergency relief of food, drinking water, healing medicines, and other urgent needs for the subject suffering from natural disasters; support for housing, medical facilities, schools, environmental hygiene treatment, medical facilities, medical facilities, medical facilities, medical facilities, medical facilities And the disaster, the canopy, the evacuation of an emergency room, or an emergency repair site, is worth more than one billion dollars per work.

b) Support for disaster response activities: evacuation of people from dangerous places; medical care; food, drinking water for people where evacuation is coming; supportive, informed, informed, informed, informed, warning, warning, and disaster in the community;

c) Support of prevarable activities: Popular disseminization of law knowledge, planning, methodology, and laboratory acting, anti-social disaster.

2. Support the cost of TB to the person directly and the administrative costs associated with the collection work at the township level but do not exceed 5% of the annual actual income on the township level.

3. Being transferred to support other localities suffered from natural disasters beyond the capacity of the local.

What? 10. Cost Authority

1. The chairman of the Provincial People ' s Committee determines the cost and content of the subjects at the request of the Defense Command, anti-disaster and provincial rescue search.

2. The Directorate of Defence, Anti-disaster, and Search for Provincial Rescue is responsible for total damage and the need for the assistance of the District People's Committee and the agencies, the relevant organization, proposed the Chair of the Provincial People's Committee.

3. Based on the actual number of funds collected, the chairman of the Provincial People ' s Committee decided to export the Fund to support other localities.

4. The Prime Minister decides to run the Foundation of the Local ' s Fund to support the other local stipulated as follows:

a) The case of urgent transfer to support localities with severe natural disasters, Head of the Central Command of the Prevention, anti-scandal with the Chairperson of the Provincial People ' s Provincial Committee has been linked to the report, proposed the Prime Minister. decision;

b) The base report results, the local annual Fund, the Central Command of the Room, Anti-disaster disaster, in coordination with the Ministry of Agriculture and Rural Development, the Ministry of Finance Building the Local Fund Survival treatment, ensuring that it is only possible. The number of local Fund's surplus and other local support is difficult due to severe natural disasters; the Prime Minister decides.

What? 11. Report, Decision Approvation

1. The Fund Management Authority is responsible for reporting the collection decision, the fund the previous year with the Provincial People ' s Committee on the Quarter I next year. The chairman of the Provincial People's Committee is the head of the relevant agency, approving the decision-making Fund.

2. The Provincial People ' s Committee is responsible for reporting the results of the collection, the Foundation with the Central Command of the Prevention, Anti-disaster, Ministry of Agriculture and Rural Development and the Ministry of Finance.

What? 12. Inspector, audit, monitoring of Fund Operations

1. Foundation, anti-natural disasters, inspection, inspection, audits of state agencies by regulation.

2. The chairman of the Provincial People ' s Committee directed the agencies, the board of the inspection, overseeing the operation of the Fund. There are measures to be held by the agencies, the organization, the individual who is taking responsibility, the obligation to submit the Fund by law.

3. The Provincial National Front, the Foundation-related organizations are entitled to provide information about the Fund and exercise the right to monitor through the opinions, proposals, countermeasures.

What? 13. Source Public, Cost

1. The Agency, the unit, the organization must publicly declare the collection, submit the Foundation of the individual cadres, civil officials, officials, workers. Public form: Text-written, listed at the unit; published at the staff conference, civil union, officials, employees of the unit. The 30-day period of public began, since the date of the completion of the collection.

2. The township must publicly declare the proceeds, the list of workers who have closed the Fund on the commune; the total funding is issued for room work, anti-disaster, and content. Public form: Public program report at the annual general meeting; listed at the Committee's Headquarters, the Cultural Center of the Village and the announcement on the social media.

3. The Fund Management Authority results in the results, lists and levels of each body, organization, unit, and district; the report determines the collection; the contents of the district level. Public form: A list at the foundation of the Foundation; informed by text to the agency, Foundation contributions; publicly on the Fund's website.

Chapter IV



What? 14. The responsibility of the People ' s Commission, the Central Command of the Prevention, Anti-disaster and the ministries, the peer-to-government agency, the relevant government.

1. The Provincial People's Committee is responsible for organizing the implementation of the collection, the Foundation; directing the inspection, inspection, oversight of the Foundation; direct the work of the Foundation under the provisions of this decree and the provisions of the law.

2. Chairman of the District People's Committee, the township, the Head of the Agency, the organization is responsible for the organization, submitted by the Foundation under the provisions of Article 8 of this decree.

3. The Central Command of the Prevention, Anti-Calamity, Coordination with the Ministry of Finance, Ministry of Agriculture and Rural Development and ministries, peer-to-peer agencies, the relevant government agency responsible for examination, the administration of this decree; Every year the combined results of the Fund for the Prime Minister report.

What? 15. The obligations of the independent and independent accounting economic organization are obliged to contribute the Fund.

The independent and individual accounting economic organization stipulated at Article 5 of this decree is obligated to contribute to the Fund by regulation.

Chapter V.


What? 16.

1. This decree has been in effect since December 8, 2014.

2. This decree replaced Protocol 50 /CP on 10 May 1997 of the Government enacted the establishment and operation of the Defense Fund, the Flood of the Local.

3. For organizations, individuals who have contributed to the Fund for Prevention, Storm, 2014, under the Government's 50 /CP Protocol on 10 May 1997, before this decree came into effect, exempt from the Foundation, Anti-natural disaster. In 2014; the balance of the hedge fund, the storm flood was handed over to the hedge fund management, anti-disaster management agency, used by the decree of this decree.

What? 17.

The Minister, the Head of the Council, the Head of the Government, Chairman of the Government, Chairman of the People's Committee, and the agencies, organizations, and individuals are responsible for the implementation of this decree.


Prime Minister


Dao Dung