Decision on the organisation and operation of the Vietnam environment protection Fund------------------PRIME base on Government Organization Law of 25 December 2001;
Pursuant to the law on environmental protection on November 29, 2005;
Considering the recommendation of the Minister of natural resources and the environment, decision: article 1. The function of the environmental protection Fund Vietnam Vietnam environment protection Fund has the function of receiving the funds from the State budget; the funding, contributions, mandate of organizations, individuals and foreign financial support for the activities of environmental protection on a national scope.
Article 2. Legal status of Vietnam environment protection Fund 1. Vietnam environmental protection Fund's financial institutions under the Ministry of natural resources and the environment and subject to the financial administration of the Ministry of finance.
Vietnam environmental protection fund is the national environmental protection Fund.
Vietnam environmental protection fund has legal personality, there is capital, has a balance sheet accountant, seal, opened the account in the State Treasury and the banks in and outside the country under the rule of law.
2. Name: Vietnam environmental protection Fund. English name: Vietnam Environment Protection Fund (VEPF).
3. The headquarters of the Vietnam environmental protection Fund in Hanoi.
The Foundation has offices in the province, the city of centrally managed funds by the Council decision.
The Fund placed the Foreign Office when required by regulations of the Government.
Article 3. Operation of the Vietnam environment protection Fund 1. Vietnam environmental protection fund operations for the purpose of profit, but to preserve capital and offset the costs of management.
2. The Minister of natural resources and the environment issued the Charter of organization and activity of the Vietnam environment protection fund in accordance with this decision and the current rules of the State.
Article 4. The Mission of the Vietnam environment protection Fund 1. Receiving funding under the provisions in article 6 of this decision to create active capital to fund Vietnam environment protection.
2. financial support for programs, projects, activities, nature conservation and biological diversity, prevention, pollution, degradation and environmental issues with national, sectoral, interregional or solve the problem to the local environment but great influence under the following form : a) For loans with preferential interest rates;
b) loan interest rate support, guarantee loans for environmental projects for loans from credit institutions in accordance with the law;
c) funding for the construction, deployment projects that mobilize the Fund's capital in order to perform the tasks, handling environmental pollution response, remedial due to malfunction, causing environmental disaster; for the programs, plans and projects according to the decision of the Prime Minister; for the Organization of the environmental award, the awards honor form the Organization, individuals typically advances about environmental protection according to the decision of the Minister of natural resources and the environment; for the project, the task of environmental protection are specified in terms of organization and activity of the Vietnam environment protection Fund.
3. Co-financing, funding environmental projects in accordance with criteria, the function of the Vietnam environment protection Fund with the financial institutions in and outside the country, the Global Environment Fund (GEF), the foreign Environment Fund, the Environmental Fund, local branches of service for environmental protection activities in accordance with the law.
4. organizations assess, approve the extent, time and financial support for the project, the task of environmental protection to use capital investment support from the environmental protection fund in Vietnam under the Charter the Organization and operations of the Vietnam environment protection Fund.
5. use of the idle Fund does not originate from the State budget and has the agreement of the organization or individual providing capital to buy government bonds under the provisions of the law.
6. Organize register, monitor and manage the certificates that greenhouse gas emissions reduction (hereinafter the CERs; 1 CER are determined by a ton of CO2 equivalent); organize newsletter, Division and sale of CERs the CERs owner or clue to receive CERs; fee to sell CERs to cover costs for the collection of fees; support for common activities, propaganda on the clean development mechanism (hereafter referred as CDM); establish, build, appraisal, approval documents of investment projects under the clean development mechanism (hereafter referred to as CDM project); managing and monitoring the implementation of CDM projects and other purposes related to the CDM in accordance with the law; implementation of subsidies for products of CDM projects in accordance with the law.
7. get the Recovery Fund environment in mining with organizations or individuals are allowed to exploit minerals.
8. Participate in coordination, financial management programs, the environmental protection project key as assigned by the Minister of natural resources and environment and the decision of the authority.
9. Performs other duties by the Minister of natural resources and Environment Division.
Article 5. Powers of the Vietnam environment protection Fund 1. Executive Agency Organization and operations business units consistent with the Charter, the goal and the tasks assigned to it.
2. Periodically check and irregular units using the Fund's capital in the implementation of the activities, tasks and projects to protect the environment. Vietnam environmental protection fund have borrowing rights, suspend financing or loan interest assistance for owner breach of commitment with the Fund or to violate the regulations of the State and sue the owner thereof to the competent authorities under the provisions of the law.
3. Invited the experts of the ministries and related organizations participated in the Council of appraisal of the activities, tasks and projects to protect the environment please sponsor or apply for investment and support for other activities of the Foundation.
4. Enjoy the salary, bonus, welfare regulations as for State enterprises.
5. Refuse any request by any organization or individual about providing information and other resources of the Vietnam environment protection Fund if the request is contrary to provisions of law and rules of organization and operation of the Vietnam environment protection Fund.
6. Be directly related with the Organization, individuals in and outside the country to call for, attracting and receiving funding or additional financing for the Vietnam environmental protection Fund.
7. To be elected officials and staff of the environmental protection Funds offshore Vietnam, learning, visiting survey, as prescribed by law.
Article 6. Capital of Vietnam environment protection Fund venture capital operations of Vietnam environment protection Fund is formed from the following sources: 1. the registered capital of Vietnam environment protection Fund due to State budget level is 500 (five hundred) billion and was sufficient level within 2 years from the date of this decision to be enforceable. Every year the Foundation granted the additional capital from State budget resources spent on the environmental industry to offset the cost of funding for the project, the task of protecting the environment, ensuring the Fund's operation venture capital from funds at least equal to 500 billion. Changing the Charter capital of the Vietnam environmental protection Fund due to the Prime Minister decides on the basis of the recommendation of the Minister of natural resources and the environment and the Minister of finance.
2. additional activities annual Capital from other sources: a) the environmental protection charges for waste water, waste gas, solid waste, mining and other environmental protection fees as prescribed by law;
b) The compensation of environmental damage in the State budget;
c) fines for administrative violations in the field of environmental protection;
d) fee sell CERs;
DD) the grants, support, trust, investment contribution of individual organizations within and outside the country;
e additional capital) under the provisions of the law.
Article 7. Management and administration of Vietnam environment protection Fund management and administration of the Fund include the Vietnam environmental protection fund management board, supervisory board, Executive Agency and the representative office of the Fund.
1. The Board of Trustees consists of the President and the Commissioners.
Chairman of the Board of Trustees was an Deputy Minister of natural resources and the environment.
The Commissioner is to offer service from the Agency: Ministry of natural resources and environment, the Ministry of finance, the Ministry of planning and investment and the State Bank of Vietnam.
Based on the proposal of the Ministry of finance, the Ministry of planning and investment and the State Bank of Vietnam, the Minister of natural resources and environment of the decision appointing the members of the Board of Trustees. The members of the Board of Trustees works in part-time mode and enjoy the mode according to the current rules of the State.
2. Control Board consists of Chief of control and some members.
Head of control by the President of the Board of Trustees appointed and dismissed. Control Committee members by the President of the Board of Trustees decided to follow the recommendation of the head of Supervisory Board; the number of supervisory board members to no more than 5 people. Control Board operating under the dedicated mode.
3. the operating agencies of Vietnam environment protection Fund consists of: the Director, a Deputy Director, Chief Accountant and rooms, Business Committee, representative offices affiliated to the Fund.
a) Director 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 Trustees;
b) Associate Director and Chief Accountant suggested by the Director, the 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, help the agency operating the Vietnam environment protection Fund by Fund Directors decided after the opinion approved by the President of the Board of Trustees;
The executive body of the Foundation work in dedicated mode.
Article 8. Terms of implementation

This decision has the effect after 15 days from the date The notice and replaced the regulation on organization and operation of the Vietnam environment protection Fund from article 1 to article 9, decision No 82/2002/QD-TTg dated 26 June 2002.
The Minister of natural resources and the environment, Minister of the Ministry of finance, planning and investment, of the Interior, the Governor of the State Bank of Vietnam, Chairman of the Board of Trustees and the Director of the Vietnam environment protection Fund is responsible for implementation of this decision.
The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this decision.