A DECISION.

About the organization and operation of the Vietnam Environmental Protection Foundation

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Government Law Base December 25, 2001;

Environmental Protection Act November 29, 2005;

The Biodiversity Law Base November 13, 2008;

Base of Protocol 21 /2013/NĐ-CP March 4, 2013 of the Government regulates the function, mandate, jurisdiction and organizational structure of the Ministry of Natural Resources and Environment;

The 35th /NQ-CP Resolution Base on 18 March 2013 of the Government on a number of pressing issues in the area of environmental protection;

At the suggestion of the Minister of Natural Resources and Environment;

The Prime Minister issued the decision on the organization and operation of the Vietnam Environmental Protection Foundation,

What? 1. The adjustment range

This decision provides for the organization and operation of the Vietnam Environmental Protection Foundation (later known as the Fund), which includes: location and function, operational principles, duties and powers, the executive management apparatus, operational capital and responsibility of the Company ' s operations and operations. Ministry, the industry is related to the organization and operation of the Fund.

What? 2. Position and function

1. The Vietnam Environmental Protection Fund is the National Environmental Protection Foundation, which is a state financial institution that belongs to the Ministry of Natural Resources and Environment; there is legal, charter capital, seal and balance sheet, which is open-funded at the State Treasury. and the credit organizations that are prescribed by the law. Its headquarters are located in Hanoi.

2. The Vietnam Environmental Protection Fund has the function to lend preferable interest rates, grants, interest rate support for programs, projects, activities, environmental protection duties and applications with climate change not being in a budget plan on a global scale. National.

3. The trading name of the Fund in English: Vietnam Environment Protection Fund, abbreviated VEPF.

What? 3. Activity Principles

1. The Vietnam Environmental Protection Foundation operates not for profit purposes but has to preserve the charter capital and self-compensate for the cost of management, which is exempt from tax and state budget payments on activities in the field of environmental protection. The law of taxation and the law of state budgets.

2. The Fund is subject to examination, inspection, audit of the financial activities of the Fund of the State Administration of State for Finance and Audit of State.

3. Public service, transparency and equality.

What? 4. Foundation mission

1. Take, manage, and use capital sources from the state budget, funding sources, contributions, trustees of organizations, individuals in and out of the country to provide financial support for environmental protection activities, to respond to climate change on the scope of the environment. The country.

2. A capital loan with preferable interest rates on environmental protection projects across the country.

3. Support the loan interest rate for projects to protect capital loans from credit organizations under the rule of law.

4. Funding, co-sponsor of environmental protection activities: Handling Of Environmental Pollution Remedies, Applications, Remediation Of Consequences Due To Environmental Incidents, Natural Disasters, Common Activities, Management Statements, Resource Exploitation, and Marine Environment and the island, which performs programs, projects, plans, tasks under the Prime Minister ' s Decision; support for the award of environmental awards, rewards forms in honor of the organization, the first typical individual in terms of environmental protection; in fact. The environmental protection mission is regulated at the Foundation's Charter and Operations.

5. Recon the environmental recovery fund in mineral mining with organizations, individuals are allowed to exploit the mineral.

6. Perform a number of mechanisms, financial policy towards the investment project under the Clean Development Mechaning (CDM), including:

a) The organization of tracking, management, collection of sales fees that only reduce certified greenhouse gas emissions (CERs) is issued by the International Executive Board on CDM grant for CDM implementation projects in Vietnam;

b) Support for popular activities, the propagation of raising awareness of the investment project under the Clean Development Mechaning (CDM); review, approx CDM project documentation; management and monitoring of the CDM project;

c) The value for the product of the CDM project.

7. Power price support for electric wind power project by the Prime Minister ' s Decision and by the regulation of the existing law.

8. Financial support for application activities with climate change under the rule of law.

9. The organization of the appraisal, approval of the degree, time and form of financial support for the projects, the environmental protection mission uses support from the Fund under the Foundation's Charter and Operations Charter.

10. The Minister of Natural Resources and Environment review, the decision of the content and form of support arise during the course of the operation.

11. Implemonation of programs, projects, projects and other tasks led by the Prime Minister, the Minister of Natural Resources and the Environment.

What? 5. Limit

1. The operating agency organization and operational units operate in accordance with the Organizational And Operational Charter of the Fund and the Target, the mission is delivered.

2. Check out the periodic examination and break-up organizations using the Fund's capital in the deployment of activities, tasks, and environmental protection projects and climate change. The fund has the right to withdraw the loan, suspend funding or support the loan interest to the investors in violation of the commitment to the Fund or to violate state regulations; the start of the law-based topics by law.

3. Use the Idle Capital of the Fund to send at commercial banks aimed at preserving and developing capital for the Fund but must guarantee safety.

4. Practice and take on the technical support activities of organizations, individuals in and out of the country to strengthen the capacity for the Fund.

5. deny the organization's requirements or individuals on the provision of the Fund's information if the requirements are contrary to the provisions of the law and the Foundation's organizational and operational charter.

6. Direct relations with organizations, individuals in and out of the country to call for, attract and receive additional funding or raise funds for the Fund under the rule of law.

7. Bachelor of staff, officials and workers of the Fund to go abroad, study, visit, survey by law.

What? 6. Organization Structure, Department of Management and Executive

Organizational structure, the management and management apparatus of the Fund, the Board, the Board of Control and the Executive Office.

1. The Fund Management Board consists of the President and the commissioners.

a) Chairman of the Fund Management Council is a Deputy Minister of Natural Resources and Environment.

b) Commissioners include the Director of the Foundation and the senior leadership of the ministries, agencies: Resources and Environment, Finance, Planning and Investment and the State Bank of Vietnam.

c) Based on the recommendation of ministries, agencies: Finance, Planning and Investment, State Bank of Vietnam, Natural Resources and Environment, Minister of Natural Resources and Environment review, the decision to list the list of trustees of the Fund.

The Foundation Director is a commissioner working under the Governing Council of the Foundation; other commissioners of the Board of the Board of Directors work under the regime and are entitled to the regimes under the existing regulations.

d) Every year, the Board of Directors regulates the preferable mechanism, the scope of incentives, the level of interest rates, the support of products and projects on environmental protection.

Mission, jurisdiction, and work mode of the Foundation Management Council implemented by regulation at the Foundation Charter and Operations Regulation.

2. Board of Control consists of the Head of the Control Board and some members.

Head of Control, Control Officer, appointed by the Minister of Natural Resources and Environment, on the basis of a recommendation by the Chairman of the Board of the Fund. The number of members of the Control Board is no more than five.

The Control Board operates under a dictatorship.

3. The Executive Authority of the Foundation consists of: Director, the Deputy Director, Chief Accounting Officer and the departments, the departments, the centers, branches and offices representing the southern and central regions.

a) The Director is the legal representative of the Fund appointed by the Minister of Natural Resources and the Environment or the Environment on the basis of the recommendation of the Chair of the Fund Management Council.

b) Deputy Director, Chief Accounting Officer recommended by the Director of the Fund for the Management of the Fund for consideration, the Secretary of the Ministry of Natural Resources and the Environment for appointment or dismissal.

c) The organizational structure, functions, tasks of the departments, the departments, the centers, the affiliates, and the Office of the Office of the Fund for the Fund to be appointed by the Director of the Fund after the approval of the Chair of the Management Board.

d) The Foundation ' s business executive authority works in a specialized mode.

(e)) The officer and worker who worked at the Fund enjoyed the salary, reward, welfare, and other rights as defined as for the limited liability company a member owned by the State.

What? 7. Fund Capital

1. The fund ' s charter capital is issued by the state budget from 500 (five hundred) to 1,000 (a thousand) billion in 3 years (2015-2017); by 2017, it was granted enough 1,000 (a thousand) billion dollars.

The fund's charter capital is decided by the Prime Minister on the basis of a proposal by the Ministry of Natural Resources and Environment after unification with the Ministry of Finance.

2. The annual additional capital from the sources:

a) A state-funded state budget that grants funding compensation to the projects, the environmental protection mission that has made annually and adds active capital to the Fund.

Every year, the Ministry of Natural Resources and the Environment aggregate the use of capital from the Fund ' s environmental spending source to the Treasury to consider, decide;

b) The compensation for environmental and biodiversity damages in the state budget;

c) The sale fee, which transfers certificates of certified greenhouse gas emissions (CERs) obtained from CDM projects performed in Vietnam;

d) The grants, support, voluntary contributions, investment trusts of organizations, individuals in and out of the country devoted to the field of environmental protection and the application of climate change;

) Other legal sources follow the rule of law.

What? 8. The Ministry ' s responsibility, the relevant sector

1. The Ministry of Natural Resources and Environment is the state governing body for the operation of the Fund, which is responsible.

a) The Foundation ' s Organizational Practices and activities are in accordance with this Decision and the existing law regulations;

b) The decision to establish the Board of Management, the decision to appoint, exempt the leadership of the leadership, manage the Fund under jurisdiction;

c) Directs, instructs the Fund to cooperate with the Global Environment Fund (GEF) and international organizations in supporting financial support to environmental protection and response to climate change;

d) presided over the examination, oversight of the acceptance of the financial management regime; approval of the Foundation's annual financial decision reporting;

) As a result of the problem of solving common problems and the interdisciplinary problems of the Fund before the Prime Minister decides, approx.

2. The Ministry of Finance is responsible for implementing the implementation of the financial management regime on the Vietnam Environmental Protection Foundation.

3. The Ministry of Planning and Investment is responsible for the guidance of the Fund in the advocacy, management and implementation of grants, ODA and the preferable loans of donors, international organizations in accordance with the provisions of the Government of Vietnam and the requirements of the sponsors.

4. The ministries, the industry are involved in performing functions, the mandate under the authority to be delivered.

What? 9. Terms of execution

1. This decision has been in effect since 25 March 2014. Replace Number Decision 35 /2008/QĐ-TTg March 3, 2008 by the Prime Minister on the organization and operation of the Vietnam Environmental Protection Foundation.

2. The minister of ministries, peer-agency Prime Minister, Head of Government of the Government, Chairman of the People ' s Committee of the Provinces, the Central City of China, Chairman of the Board of Directors and Director of the Vietnam Environmental Protection Foundation is responsible for enforcement of the decision. Hey, hey, hey.