The decision on issuing the Charter organization and operations of the Vietnam environment protection Fund---------------the MINISTER of NATURAL RESOURCES and the ENVIRONMENT pursuant to the law on environmental protection on December 27, 1993;

Pursuant to Decree No. 175/CP dated 18 October 1994 the Government passed the law on protection of the environment;

Pursuant to Decree No. 91/2002/ND-CP dated 11 November 2002 from the Government functions, tasks, powers and organizational structure of the Ministry of natural resources and the environment;

Pursuant to decision No. 82/2002/QD-TTg dated 26 June 2002 by the Prime Minister on the establishment, organization and operation of the Vietnam environment protection Fund;

According to the proposal of the Chairman of the environmental protection Fund management Vietnam, Director of Department of environmental protection, the Director of the Organization Department, Decisions 1. Attached to this decision to Charter the Organization and operations of the Vietnam environment protection Fund.

Article 2. This decision has the effect after 15 days from the date the report.

This decision replaces decision No 53/2002/QD-BVHTT on 16/7/2002 of the Minister of science, technology and the environment on the Charter organization and operations of the Vietnam environment protection Fund.

Article 3. Director of Department of environmental protection, the Director of the Organization Department, Chairman of the environment protection Fund management Vietnam, Director of the Vietnam environment protection Fund and the heads of the relevant units responsible for the implementation of this decision.

 

CHARTER of ORGANIZATION and ACTIVITY of the VIETNAM ENVIRONMENTAL PROTECTION FUND (attached to decision No 782/2003/QĐ-BTNMT on 23/6/2003 by the Minister of natural resources and the environment).

Chapter 1: GENERAL PROVISIONS article 1. Legal status of Vietnam environment protection Fund 1. Vietnam environmental protection fund is the State financial institutions make financial functions in the field of environmental protection, the establishment, organisation and operation according to the decision No 82/2002/QD-TTg dated 26 June 2002 by the Prime Minister and the management of the Ministry of natural resources and the environment under Decree No. 91/2002/ND-CP dated 11 November 2002 of the Government.

2. Vietnam environment 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 the country and abroad.

3. Environmental Protection Fund Vietnam's English name is Vietnam Environment Protection Fund, abbreviated to VEPF.

Article 2. The purpose of activity of environmental protection Fund Vietnam aimed at financial support for programs, projects, activities, tasks of environment protection on nationwide. The activity of the Fund is not for the purpose of profit.

The Fund has an obligation to ensure complete capital, management and use of working capital under the provisions of the Charter and the provisions of the current law. Hedge Fund to offset the cost of management.

Article 3. Headquarters and regional offices headquarters of the Vietnam environmental protection Fund in Hanoi; Representative Office of the Fund in some provinces and cities under central; The Foundation's Office placed abroad as stipulated by the Government.

Chapter 2: DUTIES and POWERS of the VIETNAM ENVIRONMENTAL PROTECTION FUND article 4. The Mission of the environmental protection Fund Vietnam Vietnam environment protection Fund has the following duties: 1. Mobilization of financial resources in the country and abroad in accordance with the law to create the investment capital for environmental protection;

2. financial support for the Organization, individuals have the program active projects, prevention, pollution, degradation and environmental issues with national, sectoral, interregional or solve the problem to the local environment but great influence;

3. Receive and manage the trust capital from the organizations and individuals in the country and outside the country to financial support for programs, projects, activities and tasks for environmental protection;

4. Hosted, in cooperation with the relevant authorities organize the evaluation and selection of programs, projects, activities and tasks of the recommended environmental protection funding or financial support of the Fund as prescribed by law;

5. use of the idle Fund does not originate from the State budget to buy government bonds under the provisions of the law on the basis of the consensus of the organisation or individual to provide capital;

6. management of capital assets and the Fund in accordance with the law.

Article 5. The powers of the environmental protection Fund Vietnam Vietnam environmental protection Fund has the following powers: 1. hold the operating agency and the business unit operates in accordance with the objectives, mandate and the provisions of this Charter;

2. Periodically check and irregular organizations, personal use which the Foundation's financial support in the implementation of the programs, activities and projects of environmental protection tasks;

3. Invite experts of the ministries and relevant organizations to join Professional Advisory Council, the evaluation of programs, projects, activities and tasks of environment protection was offered financial support of the Fund and for other related activities of the Fund;


4. Suspension of the funding or support the interest rate, loan withdrawal; Sue under the provisions of the law for organizations, individuals violating the commitment to the Fund or in violation of State regulations related to the operation of the Fund.

5. Refuse the request of the organization or individual about providing information and other resources of the Fund if the request is contrary to the provisions of the law and this Charter;

6. direct relations with organizations, individuals in the country and abroad to campaign, attracting and receiving funding for the Fund or financing for the projects, activities and environmental protection duties under the plan of operation of the Fund;

7. decision on the election of officers and employees of the offshore Fund the work, study, research, reference, survey under the provisions of the law.

Chapter 3: LIABILITIES and OPERATIONS of the VIETNAM ENVIRONMENTAL PROTECTION FUND article 6. Capital capital of Vietnam environment protection Fund is 200 billion due to the State budget within two years enough adjacent from the day had decided to establish the Fund. Changing the Charter capital of the Fund because the Prime Minister decides according to the proposal of the Ministry of natural resources and environment, the Ministry of finance and the Ministry of planning and investment.

Article 7. Capital from other sources of capital from other sources of funds include the Vietnam environment protection: 1. Compensation for environmental damage (revenues in the State budget) of the Organization, the individual activities damaging to the environment as specified in article 7 and article 53 of the law on environmental protection;

2. Extract 50% of your costs for environmental protection;

3. Extract 10% funding from State budget sources for State management of activities for environmental protection every year;

4. voluntary contributions of money, aid and funding for the Fund of the Organization, individuals in the country and abroad;

5. trust funds received from organizations and individuals in the country and abroad in support of environmental protection activities;

6. other revenues prescribed by law.

Article 8. Operation of the Vietnam environment protection Fund activities of environment protection Fund Vietnam are: 1. Mobilization of financial resources;

2. For loans with preferential interest rates;

3. loan interest rate support;

4. Financing and co-financing;

5. get the trust and the trustee;

6. Buy Government bonds.

Article 9. The object was the Foundation's financial support to the Foundation's financial support from the environmental protection fund in Vietnam is the Organization, individuals with the programs, projects, activities and tasks of protecting the national environments, interdisciplinary, region, or solve the problem to the local environment but great influence in the field of prevention of , pollution, degradation and environmental issues. The Council administers the environmental protection Fund Vietnam (hereinafter referred to as the Council) decided to catalogue objects, the list of priority financial support in each period.

The object to be financial assistance must meet the regulations for each method of support specified in this Charter.

Article 10. Loans with preferential interest rates 1. For preferential interest rates is the Organization, individuals of all economic sectors have needs and recommend the loans to make the environmental protection activities in accordance with the provisions of article 9 of this regulation.

Every year, based on the ability of the Fund's capital for lending activities, the Management Board decided to loan priority list for each group object and program, project.

2. under the principle of lending Funds are repaid. The loan object must have the financial ability to repay the loan on time and in full.

3. conditions, procedures, loan records, monitoring the process of the loan repayment, out of date debt, overdue debt transfer made in accordance with the regulations of the Fund by the Board of management.

4. Loan and loan level authority: a) the Fund's loan does not exceed 70% of the total cost of the program, the investment projects for environmental protection.

b) Management Council loan rules for each group for lending decisions and the authority of the Director of the Fund in each period.

The Board of management decided to loan the loan value on the level of the Fund Manager's decision.

5. Loan term is defined consistent with the ability of the capital fund, the specific conditions of the program, project loans and the repayment ability of the borrower, but not more than 5 years. A special case by the Board of management decisions, but not more than 7 years.

6. the Fund's lending rate is the interest rate incentives with maximum interest rate does not exceed 50% of the usual loan interest rate on average of credit institutions. The Management Board decides on the specific lending interest rates in each period and for each group of objects.

7. Secured Loan: a Loan Fund) on the basis of the property secured by the mortgage, pledge forms, the guarantee of a third party or use the assets formed from loans to secure. Order and procedure of secured loan, secured asset disposal made under the provisions of the law of secured loan.

b) special case, the loan is not secured by assets for each program, the project management by the Board of review, the decision.

8. Extract established contingency risks for lending operations:


a. Vietnam environment protection Fund was established the annual risk reserve is calculated on a percentage of the total outstanding loans of the Fund to handle offset the risks in lending. The quote up risk prevention are accounted into the costs of operation of the Fund.

b. Management Council decided the rate risk estimate is quoted from the Fund's income disparity in each period.

9. Handling of risks and risk handling authority.

The risk reserve account is used to compensate for the inability to recover due to the Loan Fund's object having the objective risk, force majeure should not refund part or all of the loan.

The Management Board decided to extend the term of the debt based on the recommendation of the Director of the Fund. The time limit for the extension of the maximum debt by 1/3 of the time limit to pay the debt in the credit contract. The circled the debt due to the Minister of natural resources and the environment decided on the basis of recommendations of the Board of management. Clearing the debt due to the Minister of natural resources and the environment and the Minister of finance the Prime Minister decides on the basis of recommendations of the Board of management.

Article 11. Loan interest rate support.

1. Object of the loan interest assistance organizations, individuals have the project subject to the provisions of article 9 of the Charter.

2. Conditions for investment projects of environment protection supported the loan interest rate is the loan projects of other credit institutions, was completed and put into use, refund loans for credit institutions. The provision of funds to support loan interest rates is conducted once a year on the basis of debt principal and interest already paid project for credit institutions that do not take a loan in Vietnam environmental protection Fund.

3. The Management Board decided to list the projects, the total level of support and the support level interest rate annually.

4. The level of support the interest rate must not exceed 50% of the interest rate under the credit contract signed with credit institutions. The specific level of support for each project by the Board of management decisions. The total cost of the loan interest Assistance Fund in the year does not exceed 20% of the additional capital.

Article 12. Sponsor and co-sponsor.

1. Vietnam environment protection Fund grants for organizations, individuals with the programs, projects, activities to protect the environment: a. advocacy, education to raise awareness about the environment; universal environmental protection knowledge for the community and reward;

b. the project waste, improving the environment;

c. building common test and replicate the model of community involvement in environmental protection;

d. design of the program, the project aims to mobilize the funding of organizations and individuals in the country and abroad for the protection of the environment;

preferred training, transfer of technology friendly to the environment, cleaner production, solutions to prevent, limit and troubleshoot environment.

2. The Fund is partnering with organizations and individuals in the country and abroad to co-sponsor the finances for the task of environmental protection activities and under the provisions of this Charter and in accordance with the commitment of the co-sponsors.

3. The Fund is used up to 30% of annual additions to capital funding and co-funding.

4. The level of funding does not return a maximum of 50% of the total cost to perform these operations, the task of protecting the environment of the project funding, please.

Category, the level of funding for activities and tasks for environmental protection every year by the Board of management decisions.

Article 13. Received the mandate and mandate.

1. Entrusted: a. funds are entrusted lending, debt collection and funding of organizations and individuals in the country and outside the country under a contract of trust.

b. Funds enjoy trust service fees. Fees of the service entrusted by the parties to the agreement and in the contract of trust.

2. Mandate: a. the Fund is entitled to mandate for credit institutions, financial institutions make loans and debt recovery under the contract of mandate.

b. the organization entrusted to enjoy trust service fees. Fees of the service entrusted by the parties to the agreement and in the contract of mandate.

Article 14. Buy government bonds.

1. The Fund is allowed to use idle capital not derived from the State budget to buy government bonds under the provisions of the law on the basis of the consent of the Organization, individuals provide that capital.

2. The total cost of capital to buy the Government bonds prescribed in paragraph 1 of this article shall not exceed 50% of the total number of idle capital.

Chapter 4: ORGANIZATION of the VIETNAM ENVIRONMENTAL PROTECTION FUND article 15. Organizational structure.

1. Management and administration of the Fund include the Vietnam environment protection management board, supervisory board and executive bodies. Management Board, supervisory board and executive bodies of the Fund operates under the provisions of this Charter and the provisions of the current law.

2. Vietnam environment protection Fund was established the specialized Advisory Council to help the Board manage the evaluation, identification of program, project financing proposal.

Specialized consulting Councils operate under regulations issued by the Management Board.

Article 16. The Board of management


1. The Management Board consists of the President and the members of the Council. Chairman of the Management Board is the Deputy Minister of natural resources and the environment; the members are representatives of competent ministries: resources and environment, finance, planning and investment, the State Bank of Vietnam.

The members of the Board of management operating under the concurrent mode.

2. working mode of Management Board Management Board working under collective mode, decided the issue according to the principle of majority. The regular meeting of the Management Board of three (3) months to review and decide the issue of jurisdiction; in case of necessity may extraordinary session. Chairman of the Board of management is entitled to request the members of the Board for comments the decision in writing in some specific cases.

3. The Management Board has the following duties: a. decide the direction, planning activities, financing, funding, financial support, approved the financial plan, the report of the Fund;

b. check, monitoring the operating agencies of Vietnam environment protection Fund in the observance of the guidelines, policies and regulations of the law and the implementation of the decisions of the Council. Approval of the program of activities of Supervisory Board; consider reporting the results of control and evaluation report of the financial settlement of the Control Board;

c. approval categories, selection criteria and review process for loans, grants of the Fund;

d. The Minister of natural resources and environment of the amendment and supplement the Charter organization and operation of the Fund.

4. The Management Board has the following powers: a. determine the lending decision, authorized, supported, sponsored by the Director of the Foundation;

b. the settlement under the provisions of the law of the Organization's complaints, personal loans or received support from the Fund;

c. appointment, dismissing the Chairman and members of the Control Board, the Minister of natural resources and the environment appointed, dismissal of the Director, Deputy Director and Chief Accountant of the Fund;

d. determine the Organization, decide the establishment and operation of the Fund Representative Office in the province, central cities and Office of overseas Funds as prescribed by law;

Sync decided to establish specialized consulting councils;

e. use of the Foundation's governing body and the seal of the Foundation in fulfilling the mission, his powers as specified in this Charter;

g. Receiving capital State-owned by the Ministry of finance allocated to the Fund.

5. Funding activities of the Management Board is charged to the Fund's operating expenses.

Article 17. Control Board 1. Control Board environmental protection Fund Vietnam consists of 3 people. Prefect appointed by the Management Board, dismissed. The members are appointed by the Management Board, dismissed the proposal of head of Department.

The Member Control Board operating under the concurrent mode.

2. Control Board has the following powers and duties: a. the work plan of the Council and management organizations perform independently;

b. inspect, supervise the activities of the Fund in accordance with the law, the statutes and the decisions of the Management Board;

c. perform other tasks within the scope of the functions of the Control Board by the Board of management;

d. Help Management Review Board addressed the complaints of individual organizations on issues relevant to the operation of the Fund.

3. the Chief or a member of the Board of control was head of delegation attending the speech and comments at the meeting of the management board but do not have voting rights.

4. Chief building control regulations of the Board and the Management Board decision.

5. the cost of operation of the Control Board is charged to the Fund's operating expenses.

Article 18. Business operating agencies 1. Organizational structure of executive agencies of Vietnam environment protection Fund include the Director, the Deputy Director, Chief Accountant and professional rooms.

2. The Director of Vietnam environment protection Fund is a leader in the Department of environmental protection proposed by the Board of management and the Minister of natural resources and the environment appointed, dismissed; The Director of the environmental protection fund in Vietnam working as part-time mode.

3. the Division of Vietnam environment protection Fund consists of the Office of the Fund, some professional Fund proposed by the Director, the Management Board decided.

Article 19. Director of the Fund 1. Director of Vietnam environment protection Fund is representing the Foundation in the Foundation's activities in the country and abroad, responsible before the law and the Board of management of the entire business operation of the Fund.

2. The Director of the Fund has the following powers and duties: a. held, operating activities of the executive bodies of the Fund according to the Charter, the decision of the Board of management and the rule of law;

b. build the financial expense plan, the plan's financial support the annual Fund Management Board for approval and implementation of the plan;

c. periodic report on the situation of raising capital, financial support and the annual financial report of the Fund to the Board of management.

d. proposed the establishment of specialized consulting councils, invited experts and General Advisory opinion the Management Board to review the decision;


preferred issued regulations of the Department, the Management Board approved the text guide;

e. recommendations to the Management Board of the Minister of natural resources and environment, appointed Deputy Director and Chief Accountant of the Fund; Appointed, immunity Chief, Deputy Head of the expertise of the Fund following the approval of the Chairman of the Management Board; The decision to recruit and manage the Foundation's officers;

g. Management, use of capital, assets and other resources of the Fund in accordance with the law and this Charter;

h. perform other duties according to the decentralization of the Management Board;

i. participate in the sessions of the Board of management.

Article 20. The mode of officials working for the Fund.

1. Officials and public officials of Vietnam environment protection Fund are entitled to salary, bonus and other benefit amount according to the current rules as for State enterprises.

2. The part-time officers working to fund the part-time regime under current rules.

Article 21. Professional Advisory Council 1. Specialized consulting Councils advise the Fund in the assessment, selection, evaluation of programs, projects, tasks and activities of environmental protection was offered financial assistance.

2. the members of the Professional Advisory Council must have the capacity, quality, professional level consistent with the recommended content of financial support.

3. specialized consulting Councils work according to regulations issued by the Management Board.

4. Costs for the operation of specialized consulting councils are charged to the Fund's management fee.

Chapter 5: FINANCIAL REGIME, accounting, and AUDITING Article 22. Build plan 1. Every year, Vietnam environment protection Fund is responsible for establishing and building plans of capital and the use of capital.

2. The planning of financial incomes and expenses of Vietnam environment protection Fund under the guidance of the Ministry of finance.

Article 23. Financial mode 1. The financial mode of Vietnam environment protection fund to be made under the guidance of the Ministry of finance.

2. Vietnam environment protection Fund's finance organization independent accounting state. Costs for management activities and operating the apparatus is retrieved from the source currency of Vietnam environment protection Fund. The Fund's financial year begins on January 1 and ends on December 31 of that year.

3. Vietnam environment protection Fund was established the reserve fund risks and be active on the cost accounting of the Fund.

4. The results of the financial activity of the Vietnam environmental protection Fund is income disparity, financial expenditure made during the year, identified between total income minus the total cost incurred during the year.

Article 24. Extract the Vietnam environmental protection Fund Fund is established the reserve fund risk, reward and Fund Welfare Fund from financial income disparity of the Fund.

Article 25. Accounting, auditing work 1. Accounting mode of Vietnam environment protection fund to be made under the guidance of the Ministry of finance.

2. Vietnam environment protection Fund organized internal financial audit or hiring independent audit. The audit results are timely reports to the Executive Director, Board of supervisors and the Management Board.

Article 26. Report and approval of the report 1. End of year activities, environmental protection Fund Vietnam must prepare and submit the report at the latest on 31 March of the following year which included the following statements: a. report capital fund;

b. the report using the Foundation's capital;

c. report of the financial incomes and expenses of the Fund;

2. the annual report of the environmental protection fund in Vietnam by the governing body of the Fund, the opinion of the Supervisory Board and the Management Board adopts the report, the Minister of natural resources and environment and the Ministry of finance, approved by the authority.

Chapter 6: terms of the IMPLEMENTATION of article 27. This Charter enforcement provisions have effect after 15 days from the date The report.

The amendment, supplement the Charter organization and activities of the Fund by the Board of management of the Minister of natural resources and the environment.

Chairman of the Management Board, the Director of the Foundation is responsible for organizing the implementation of this Charter.