The DECISION of the MINISTER of posts and TELECOMMUNICATIONS On the promulgation of the Charter the Organization and activities of public telecoms services Fund Vietnam MINISTER of POST and TELECOMMUNICATIONS, pursuant to Decree No. 90/2002/ND-CP dated 11 November 2002 from the Government functions, tasks , powers and organizational structure of the Ministry of posts and telecommunications;
Pursuant to decision No. 190/2004/QD-TTg dated 8 November 2004 of the Prime Minister on the establishment, organization and operation of public telecoms services Fund to Vietnam;
At the suggestion of the Director of the Organization Department and the Board of Trustees public telecommunications services in Vietnam, DECIDES: 1. Attached to this decision, "the Charter organization and operation of public telecoms services Fund to Vietnam".
Article 2. This decision takes effect 15 days from the date The report.
Article 3. Office Manager; Director of the Service: personnel, financial planning, telecommunications; The heads of the agencies and units of the Ministry; The Management Board, Director of public telecoms services Fund to Vietnam; The Board, General Director, Director of telecommunications and Internet businesses; The heads of the agencies, the relevant units responsible for the implementation of this decision.
 
 
CHARTER of ORGANIZATION and OPERATION of the PUBLIC TELECOMMUNICATIONS SERVICES in VIETNAM (attached to decision No 7/2005/QĐ-BBCVT, on April 25, 2005 the Minister of post and telecommunications) chapter I GENERAL PROVISIONS article 1. Public telecom service fund Vietnam's State financial institutions subordinated to the Ministry of post and telecommunications, the establishment, organisation and operation according to the decision No 191/2004/QD-TTg dated 8 November 2004 of the Prime Minister to support the State's policy of providing public telecommunications services nationwide.
Public telecommunications service Foundation Vietnam (hereinafter referred to as the Fund) is the English name: Vietnam Public-utility Telecommunication service Fund, abbreviated as: VTF.
Article 2. Legal status.
1. The Fund's financial institutions of State, Ministry of post and telecommunications.
2. The Foundation has legal personality, to seal the transaction.
3. The Fund has capital and accounting, balance sheet account in the State Treasury and the banks in the country.
4. the Fund's headquarters in Hanoi and branches in a number of areas in the country.
Article 3. Active principles.
1. Implementation of the provisions of decision No 191/2004/QD-TTg dated 08/11/2004 by the Prime Minister on the establishment, organization and operation of public telecoms services Fund to Vietnam and the provisions of relevant laws.
2. operational Funds not for profit purposes.
3. Organization and operates under the provisions of this Charter.
4. The programme provides public telecommunications services according to the decision of the Prime Minister; activities in support of development and provide public telecommunications services according to the regulations of the Ministry of post and telecommunications; financial management under the Ministry of finance; mechanism of preferential loans as stipulated by the State Bank of Vietnam.
CHAPTER II OPERATIONAL and CAPITAL article 4: sources of capital.
The capital fund is formed from the following sources: 1. the capital of the Fund is 500 (five hundred), was conceived and composed from the following sources: 1.1. State budget level 200 (two hundred billion) in two years from when the Fund came into operation.
1.2. additional 300 billion dong (three hundred billion) from annual contributions of the telecommunications business as specified in paragraph 2 of article 6 of decision 191/2004/QĐ-TTg of the Prime Minister for three years from when the Fund came into operation.
2. other capital sources: 2.1. The annual contribution of the telecommunications business as specified.
2.2. other capital sources to implement the program, the project on providing public telecommunications services delivered by the State.
2.3. The aid, funding, voluntary contributions of organizations and individuals in and outside the country to support development and provide public telecommunications services in Vietnam.
2.4. The other legal equity.
Article 5. The Foundation's activities.
1. The scope and the object was to provide public telecommunications services by funding specified in article 5 of decision 191/2004/QD-TTg dated 08/11/2004 of the Prime and the regulation of the Ministry of post and telecommunications.
2. support the object was to provide public telecommunications services through enterprises providing public telecommunications services using the following forms: 2.1. Support the costs of developing public telecommunications services.
2.2. support costs to maintain the provision of public telecommunications services.
2.3. The preferential loans for telecommunications and Internet businesses make investments in the construction and upgrading of infrastructure expansion of telecommunications, the Internet and other facilities serving the provision of public telecommunications services.
3. use of the temporary capital idle not native to the budget to buy government bonds under the provisions of the law; the purchase of government bonds, the Fund must build the project to the Minister of telecommunications and implement after approval.
CHAPTER III tasks, RIGHTS and OBLIGATIONS article 6. Mission.
1. Reception, mobilization of the financial resources of the Fund as defined in article 4 of this regulation.
2. Join elaborate programs, projects, plans to offer public telecommunications services under each period, each year according to the regulations of the Ministry of post and telecommunications.
3. Build the annual activity plan of support to provide public telecommunications services the Minister of post and telecommunications and implementation after it is approved.
4. the celebrated recruit, appraise the project provides public telecommunications services funded under the provisions of the State.
5. track, aggregate and report the implementation of programs, plans and projects to provide public telecommunications services by the Fund; the financial situation of the Fund as prescribed by the Minister of telecommunications and the competent State bodies.
6. Propose the additional adjustment of programs, plans and projects to provide public telecommunications services in accordance with the Fund's mission, functions and organization of the implemented after approval.
7. Conservation of capital.
8. Capital Management of the Fund in accordance with the law.
9. construction management regulations concerning the Foundation's activities under the mandate of the Minister of post and telecommunications.
10. Research, review mechanisms, policy, related to the mode of operation of the Fund to the recommendations with the competent State bodies.
11. Implementation of the provisions of the State of financial management, accounting, auditing, statistical reports and other regulations related to the operation of the Fund.
12. management of the Organization, officers, servants, officers and employees, records, documents, the assets of the Fund in accordance with the law and the hierarchy of the Minister of post and telecommunications.
13. Perform other duties by the Minister of telecommunications.
Article 7. Powers.
1. Recommendations to the State Agency has the authority to promulgate, amend, supplement the mechanisms, policies, about providing public telecommunications services and the operation of the Fund.
2. With regard to telecommunications and Internet businesses.
2.1. reporting financial contribution plan annually for the Fund.
2.2. Require enterprises to provide data, documents, explanations of the problems related to service in the financial contribution to the Fund.
2.3. the findings and recommendations of State regulators have authority to treat the breach of the telecommunications business in the observance of the financial contributions to the Fund, in operation to provide services public telecommunications services.

3. check, monitoring the use of capital funding, loan fund to implement the programs, plans and projects to provide public telecommunications services; to suspend funding, loan or withdrawal of funds has financed, loans when the detection unit is funded, is breach of contract with the loan fund and the regulation on the use of the Fund's capital.
4. Be direct relations with organizations, individuals in and outside the country to call for and receive funding for programs, projects and provide public telecommunications services.
Relational operations, management, mobilize, receive, use, payment of the grants mentioned above according to the current rules of the State and of the Ministry of post and telecommunications.
5. Carry handle risks or recommendations to competent State agencies handled the financial risks in the implementation of programs and projects to provide public telecommunications services under the provisions of the law.
6. the establishment of the Advisory Council of the professional problems in the operation of the Fund and invited experts, representatives of ministries, departments, institutions and enterprises concerned to join the Advisory Board. The invited experts are individuals and organizations have to follow the regulations of the State and of the Ministry of post and telecommunications.
7. Actively use funds for the activities of the Fund in accordance with the law; was set up, manage and use the funds as prescribed by the Ministry of finance as for State enterprises.
8. decision on the project to serve and enhance the operational efficiency of the management of the Fund in accordance with the law.
9. Apply the norms of labour, materials, price and salary costs according to the provisions of the law in the evaluation of projects to provide public telecommunications services.
10. Actively coordinate with the provincial people's Committee, the central cities to facilitate the implementation of programs and projects to provide public telecommunications services locally.
11. Enjoy the salary, bonus, welfare regulations for State enterprises.
12. Selection, layout, use, training professional training; discipline, for severance for employees according to the regulations of the Ministry of post and telecommunications and the rule of law.
13. Open the branch Fund in areas specified by the Minister of telecommunications.
14. the implementation of the other rights prescribed by law.
Article 8. The obligation.
1. Ensure the rights and interests of workers, the right of trade union organizations in the Fund involved in active Fund management in accordance with the law.
2. Ensure the truthfulness and legitimacy for the Fund's financial activity.
3. Perform publicly the contributions of the telecommunications business, the scope and the object was to provide public telecommunications services funded under the regulation of the Minister of post and telecommunications.
4. Subject to the monitoring, inspection, inspection of the Ministry of post and telecommunications and other relevant State agencies as prescribed by law.
5. Observance of the regulations of the State of public service provision.
6. Perform other obligations prescribed by law.
CHAPTER IV MANAGEMENT and OPERATING ORGANIZATIONS article 9. Management and administration.
Organization of management and administration of the Fund must be consistent with the Fund's mission objectives, ensure effective operations.
Management and administration of the Fund including: the Management Board, supervisory board and executive bodies.
Article 10. The Board of management.
1. The Board of Trustees (hereinafter referred to as the Board) consists of 5 (five) members, led by the Minister of post and telecommunications of the appointment decision, dismissed. The members of the Board of management consists of:-President of the Board of management is the head of the Ministry of post and telecommunications.
-Vice Chairman of the Board of management.
-01 Commissioner is the Director of the Fund.
-01 Commissioner is the head of the Telecommunications Service.
-01 Commissioner is the head of financial planning 2. Duties and powers of the Board of management 2.1. The Minister of post and telecommunications approved, Charter amendments, additional Funds; proposals, recommendations, additional adjustment modify the management mechanism on the operations of the Fund, the regulation on development assistance and provide public telecommunications services in each period as prescribed by law; Funds settlement reports.
2.2. Recommendations the Minister of post and telecommunications of the Government of the Prime Minister, and suggested the State Management Agency of correction, amendment, supplementation of regulations related to the operation of the Fund that are not under the control of the Ministry of post and telecommunications.
2.3. The Minister of post and telecommunications of the annual activities plan of support to provide public telecommunications services; recommendations to the Minister of post and telecommunications to adjust, modify, supplement the annual activity plan support provide public telecommunications services.
2.4. The Minister of post and telecommunication decisions about staffing, organization; the establishment, dissolution, separation, merger of the ban, branch; appointment, dismissal, discipline titles under the authority of the Minister of telecommunications on the basis of the proposal of the Director of the Fund.
2.5. The decision of appointment, dismissal, discipline the Chief Accountant of the Fund on the basis of the proposal of the Director of the Foundation; Review and comments in writing on the proposal of the Director of the Foundation for the appointment, dismissal, discipline, the Deputy Head of the Board, branch.
2.6. State-owned capital Received by the Minister of finance and Minister of post and telecommunication Affairs under the provisions of the law.
2.7. Issuing internal regulations of the Fund; working regulation of the Board of management and supervisory board to perform the duties and powers under the provisions of this Charter.
2.8. Approval of the program of activities of the Supervisory Board, to consider the reports of the head of Supervisory Board about results of activity, evaluation report of the financial settlement of funds.
2.9. test monitoring bodies in the implementation of the regulation of the Minister of telecommunications on the operations of the Fund; The Foundation Charter and the resolutions, decisions of the Board of management.
2.10. The decision to establish the Advisory Council on professional issues in the operation of the Fund on the basis of the proposal of the Director of the Fund.
2.11. Consideration and resolution of complaints, accusations of organizations and individuals related to the activity of the Fund in accordance with the law 2.12. Responsible to the Minister of telecommunications and the law on the decision of the Board of management.
3. working mode of the Management Council.
3.1. Management Board working under collective mode, according to the regulation, regular meeting 3 months to consider and decide on these issues in the mission and their powers.
3.2. extraordinary meeting of the Management Board to resolve the urgent issues by the Chairman of the Board of management, or the Director, or Secretary of the Board of control, or by a majority of the members of the Board of management recommendations.
3.3. The meetings of the Management Board must have at least 3 of the 5 members of the Board of management. The Management Board decides the matter by majority members of the Board; the case of the votes the party having an equal vote of the Chairperson of the meeting is decided. The contents and conclusions of the Council meeting of management must be recorded into the minutes or resolutions and is sent to all the members of the Management Board.
3.4. for the work of the Fund under the authority of the Management Board decision, in the case of non-management Council held the meeting, Chairman of the Board of management decided after obtaining the opinion of the Management Board members.

3.5. The Council managed to use the seal of the Foundation and the Foundation's Executive apparatus to perform the task.
3.6. Means of work and funds management Council's activities is charged to the Fund's operating expenses.
3.7. The dedicated members are paid and the other modes as salary regulations of the Board of management, regulation of the Minister of post and telecommunications and the rule of law.
3.8. The part-time members are entitled to allowances and other benefits under the regulations as a member of the Board of Chief of State enterprises.
4. Chairman of the Board of management.
4.1. Responsible to the Management Board and the Minister of telecommunications on the implementation of the duties and powers prescribed for the Management Board.
4.2. On behalf of the Management Council to sign the resolutions, decisions and other documents are the responsibility of the Board of management.
4.3. Organizing track and monitor the implementation of the resolutions and decisions of the Board of management, has the right to suspend the decision of the executive body as opposed to the resolution, the decision of the Board of management.
4.4. Other rights under the authorization of the Management Board, the Minister of post and telecommunications.
5. Deputy Chairman of the Board of management: in charge of certain tasks of the Management Board; was Chairman of the Board authorized management to resolve a number of the Board's work is governed by regulations of work of the Board of management.
6. the Management Board of Commissioners made the authority, duties and powers prescribed in the regulation of work of the Board of management.
Article 11. Control Board.
1. Control Board funds (hereinafter referred to as the Board) had 5 members, including the Chairperson and the members. Control Board Member who is not his wife or the husband, father, mother, children, siblings, brother of the Director, Deputy Director, Chief Accountant of the Fund; don't have the money, the money on charges related to economic activity.
The Supervisory Board members by the Board of management review suggest the Minister of post and telecommunications of appointment, dismissal and discipline according to the recommendations of the Board of control. Head of the control and the members are paid and the other modes as salary regulations of the Fund, the regulation of the Minister of telecommunications and regulatory law.
2. Control Board responsible to the Board of management, control the entire operation of the Fund and have the tasks and powers of the following: 2.1. Check, supervise the observance of policy and guidelines, the regulations in the operation of the Fund in order to ensure the correct implementation of the Fund, its mission functions, improve the efficiency of operation of the Fund, ensuring the safety of State assets, the assets of the Fund and of the object is the Foundation; report to the Council on the management of test results, monitoring, and recommended measures to handle;
2.2. Work independently under the program has been administered through the Council;
2.3. The report and recommendations to the Management Board on results of control, the report examined the financial settlement of the Fund;
2.4. Review the Management Board resolves the complaints, accusations of organizations and individuals related to the activity of the Fund in accordance with the law;
2.5. Control Board to attend meetings of the Management Board, are taking the opinion of the content management Council meetings, but not vote;
2.6. the head of Department of control and Management Board reports to the Minister of telecommunications of the opinion was not consistent between the Control Board and the Fund Manager for the content control the operation of the Fund;
2.7. Control Board used the test system, internal control and the work of the Fund means to perform their duties. Where necessary, the Control Committee recommended the Board invited a number of officers in the unit directly to join the Board of control to control the operation of the Fund. The funding activities of the Board are included in the cost of Funds management activities.
Article 12. The Executive Agency.
1. Leadership: the Director, the Deputy Director.
The Director is to represent the Foundation in accordance with the law and responsible to the Board of management, the Minister of post and telecommunications and the law on the activities of the Fund.
Deputy Director of help the Director and responsible to the Director of the section is assigned.
2. The Board of professional service and branch location: 2.1. The Office.
2.2. The Organizing Committee officials.
2.3. Planning and funding.
2.4. Accounting, finance.
2.5. Project Management Board.
2.6. project evaluation Committee.
2.7. Statistical and information Board.
2.8. The regional branch.
The functions, duties, powers and working relationship between the Board, the branch in the Fund by the Director of the decision after the opinion of the Management Board for approval.
Staffing officers, public servants, employees of the professional expertise and branch by the Director decides after approval of the Management Board, on the basis of the total staffing of the Fund are the Minister of post and telecommunications approval.
The branch area offers professional service.
3. The Director of the Fund has the duty and authority to: 3.1. The organisation, administration and management of the activities of the Fund in accordance with the regulations of the Ministry of post and telecommunications and the regulation of State administration concerned; According to the Fund rules and the regulations of the Board of management;
3.2. State-owned capital Received by the Minister of finance and Minister of post and telecommunication Affairs under the provisions of the law.
3.3. property management, capital and responsible to preserve the Fund's capital.
3.4. periodic reports on the implementation of the plan, the activities of the Fund with the Management Council, the ministries concerned according to the current rules.
3.5. building, the Management Council regulation of salaries for employees in the Fund;
3.6. Issued guidance documents of the Fund according to the authority;
3.7. Appointed Deputy Chief, Ban in the Fund, the Director, Deputy Director and Chief Accountant of the branch after being approved by Management Board; appointed Deputy Chief rooms dismissal of branch at the suggestion of the Director of the branch;
3.8. The Fund Manager decided the establishment, dissolution, separation, merger of the rooms in the branch on the basis of the proposal of the Director of the branch;
3.9. Recruitment, hiring, layout to use, training, promotions, salary raise for officers, employees in the system of the Fund according to the hierarchy of the Minister of post and telecommunications. Pay, bonuses and allowances for workers in the Fund under the Statute was approved by the Management Board;
3.10. Was the decision to adopt necessary measures in cases of emergency (natural disasters, pest, fire and other cases prescribed by law) and is responsible for the decision, and shall report immediately to the Board of management and the Minister of post and telecommunications;
3.11. To represent the Foundation in international relations that are related to the operation of the Fund according to the hierarchy of the Minister of post and telecommunications;
3.12. Cooperation with international organizations, foreign individuals are related to the activities of the Fund in accordance with the law. The election of officers, the Fund's officials abroad for work, study, visit the survey management hierarchy as defined by the Minister of post and telecommunications;
3.12. Suggested Governing Council consulting expertise in problems in the operation of the Fund;
3.13. Perform other duties by the Management Board, the Minister of post and telecommunications and in accordance with the law;

4. the Chief Accountant of the Fund by the Chairman of the management board appointment, dismissal and discipline on the basis of the proposal of the Director of the Fund.
The Fund's chief accountant, Chief Accountant of the regional implementation of the duties and powers prescribed by the law on accounting and the other provisions of the relevant laws and the provisions of this Charter.
Chapter V IMPLEMENTATION article 13. Management Board, supervisory board, Director of the Fund and the heads of the relevant unit, responsible for organizing the implementation of this Charter.
Article 14. The amendment, supplement the Charter organization and activities of the Fund by the Board of management of the Minister of post and telecommunication decisions./.