The Decision 53/2002/qd-Bvhtt: Charter On The Organization And Operation Of The Vietnam Environment Protection Fund.

Original Language Title: Quyết định 53/2002/QĐ-BKHCNMT: Về việc ban hành Điều lệ Tổ chức và hoạt động của Quỹ Bảo vệ môi trường Việt Nam.

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The DECISION of the MINISTER of SCIENCE, technology and the ENVIRONMENT on the Charter organization and operations of the Vietnam environment protection Fund.

 

 The MINISTER of SCIENCE, technology and the ENVIRONMENT pursuant to the law on environmental protection on December 27, 1993, cứNghị No. 175/CP dated 18 October 1994 the Government competition guidelines hànhLuật protection of the environment, pursuant to Decree No. 22/CP on 22/5/1992 of the Government functions nhiệmvụ, and organization of the Ministry of science, technology and the environment, pursuant to decision No. 82/2002/QD-TTg dated 26 June năm2002 the Prime crab on the establishment, organization and unAmerican activities of Vietnam environment protection Fund, as proposed by the Director of Department of the environment, the Director of the nest chứcvà scientific officer decision: 1. the attached 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 of signing.

Article 3 Director environment, Director of the organizing and scientific officer, Chairman of the Board of Trustees, Executive đốcQuỹ Vietnam environment protection and related units are responsible to take this hiệnQuyết./.

 

CHARTER of organization and activity of the Vietnam environment protection Fund (attached to decision 53/2002/QD-BVHTT on 16/7/2002 of the Minister of science, technology and the environment).

 

Chapter I GENERAL PROVISIONS article 1.

1. Vietnam environment protection Fund is the financial institution of the State, was established, organized and operating under the Quyếtđịnh of 82/2002/QD-TTg dated 26 June 2002 by the Prime Minister. Legal cótư Fund, have capital, have the balance Board, seal, đượcmở account in the State Treasury and the banks in and outside the country.

2. Vietnam environment protection Fund has the English name is VietnamEnvironment Pho-tection Fund, abbreviated to VEF.

3. The headquarters of the Vietnam environmental protection Fund in Hanoi. Diệncủa Fund Office in the province, the central cities. Dịchcủa Fund Office outside in accordance củaChính.

Article 2. Vietnam environment protection Fund operations for the purpose of profit but phảiđảm complete security of capital and offset the costs of management.

Quỹđược receives funding from the State budget and mobilized from the vốnkhác source for support, financial sponsorship in the field of environmental protection.

Chapter II the DUTIES and POWERS of the ENVIRONMENTAL PROTECTION FUND VIETNAM article 3. Vietnam environment protection Fund has the following duties: 1. to mobilize domestic and foreign capital in accordance with the law to start tưbảo the environment.

2. financial support for the project, chươngtrình, prevention activities, pollution, degradation and the cốmôi School of the national innovative, interdisciplinary, problem-solving regional or local school đềmôi but big influence.

3. Receive and manage the trust capital from the organizations and individuals in and outside nướcđể financial support for programs, projects, activities and coverage vệmôi school.

4. the celebrated guide construction, thẩmđịnh and selection of programs, projects, activities and environmental protection task trườngđược suggest sponsorship or financial support in accordance with the provisions of the law.

5. use of the idle Fund does not originate from the State budget and the đồngthuận of the Organization, individuals providing capital to buy government bonds, according to the quyđịnh of the law.

6. Guarantee the payback terms on the basis of weight of the Hill capital sources and nhậnvới the financial support for environmental protection.

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

4. Environmental Protection Fund Vietnam has the following powers: 1. hold the operating agency and the cácđơn business unit operates in accordance with the objectives, mandates and other địnhcủa of this Charter.

2. Periodically check and irregular units using the Fund's capital in triểnkhai programs, projects, activities and tasks of environmental protection.

3. Mobilize experts of the ministries and relevant organizations to participate in the đồngthẩm program, project, activity and tasks of đượcđề environment protection conference sponsorship or financial support Ghính of the Fund and serve other liênquan activities of the Fund.

4. Suspension of the funding or support interest rate, divestment, sue under the địnhcủa law against the owner in violation of commitment with the Fund or violating cácquy of the State.

5. Refuse to provide information and other resources of the Fund for all requirements of any organization or nhânnào if the request is contrary to the provisions of the law and this Charter.

6. direct relations with organizations, individuals in and outside the country to campaign, thuhút and reception sponsored hunger with Funds or make raising capital to fund theokế plans.

7. Election of officers and staff of the environmental protection Funds offshore Vietnam côngtác, academic, research, arrangements, survey as prescribed by law.

Chapter III ORGANIZATION of the VIETNAM ENVIRONMENTAL PROTECTION FUND article 5.

1. Vietnam environment protection Fund has a Management Board, supervisory board and the Executive quanđiều.

2. the Management Board, supervisory board and executive bodies activity Fund professional độngtheo defined in this Charter and is responsible for the entire operation củamình.

3. Environmental Protection Fund Vietnam established the specialized consulting councils ngànhđể help appraise the programs, projects, task and environment protection trườngđược proposed financial assistance. Specialized consulting Councils operate under quychế by the Board of Trustees.

Cigarettes 6 1. The Board of Trustees had Vietnam environment protection Chairman is Deputy Minister of science, technology and Environment trườngvà 4 members are representatives of the Ministry of finance, the private vàĐầu plan, the State Bank of Vietnam and head of the Department of environment, the viênHội Administration operating under the concurrent mode.

2. working modes of the Board of Trustees: a) the Council of the Fund management work under the collective mode, regular meeting, January 8th lầnđể consider and decide the issue of jurisdiction.

Hộiđồng funds management can the extraordinary meeting to solve the problem of độtxuất.

Trongmột number of cases, the Chairman of the Board of Trustees requested Hộiđồng member body for comments the decision in writing.

b) Board of Trustees decided the issue according to the principle of majority.

3. The Board of Trustees has the task: a) decide the direction, operational plans, financing, funding, support tàichính, approving the financial plan, the report of the Fund.

b) test monitoring, professional governing body Control Board of the Vietnam môitrường Protection Fund in the observance of the guidelines, policies, regulations and laws củapháp the implementation of the decisions of the Council.

c) issued guidance on the priority list, selection criteria and process see xétcho loans, financing of the Fund.

d) process of the amendments authorized additional Charter, organization and operation of the Fund.

4. The Board of Trustees has authority: a) the decision by the authority to support the investment, financed, for programs, projects, activities and tasks of environmental protection.

b) resolved in accordance with the law the complaint of vayvốn individuals, organizations or receive support from the Foundation.


c) appointing, dismissing the Chairman and the members of the Supervisory Board. The Minister of science, technology and Environment trườngbổ dismissal of Director, Deputy Director and Chief Accountant.

d) decided to establish and define the organization structure and activities of the Fund in the area of the province, phòngđại city thuộcTrung Office and the overseas Fund under the provisions of the law.

DD) decided to establish the specialized Advisory Council.

e) using of operating agency funds and the Fund's seal in the thựchiện missions, their powers according to this margin.

g) funding activities of the Management Board is charged to the Fund's operating expenses.

Điều7.

1. Control Board Vietnam environment protection Fund consists of 8 people. Prefect appointed by the Hộiđồng Fund management, dismissed. The members of the Management Council Quỹbổ dismissal as suggested by head of Department.

Cácthành Control Board operating under the concurrent mode.

2. the Control Committee has the duty and authority: a) check, monitoring the activities of the Fund according to the Charter and the rules of phápluật and according to the decision of the Board of Trustees.

b) plans the work of the Board of Trustees and most independent organizations make c) perform the duties by the Board of Trustees asked.

d) review and recommendations of the Board of Trustees addressed the complaints of individual organizations on issues relevant to the operation of the Fund.

3. the head of the Control Board or a member of the Board of measuring head đượctham authorization and are statements of opinion at the meeting of the Board of Trustees nhưngkhông be voted 4. Chief building control regulations of the Board and the đồngquản Fund resolution.

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

Article 8.

1. the Executive agencies of Vietnam environment protection Fund consists of the Director, a Deputy Director, Chief Accountant and Division for help.

2. The Director of the environmental protection fund in Vietnam is a kiêmnhiệm Environment Bureau leader due to the proposed Fund Management Council and the Minister of science, technology and Environment trườngbổ dismissal.

3. the Division of school vệmôi Foundation Vietnam Office funds, including some professional units doGiám the proposed Fund Manager, the Fund Management Board decision.

Article 9.

1. The part-time officers working for the Fund was entitled to the concurrent mode theoquy.

2. the officers of the Fund are entitled to salary, bonus and other benefits under the current quyđịnh as for State enterprises.

Article 10 1. Director of the environmental protection Fund Vietnam's legal representative of the Foundation in the legal system of water ởtrong cácquan water vàngoài, responsible to the Board of Trustees and law nướcvề the entire operation of the Fund.

2. The Director of the Fund has the following powers and duties: a) Organization, active operating củacơ operating officer of the Fund according to the Charter, decisions of the Council manage my funds and the provisions of the law.

b) plans financial income of the annual fund management Council Quỹphê browse and organize the implementation of this plan.

c) periodic report on the situation of raising capital, financial support and tàichính the Foundation's annual report to the Board of Trustees.

d) proposed the establishment of the specialized Advisory Council and General, handles comments tưvấn the Fund Management Board decision.

DD) issued the regulations of the Department, the Management Council Quỹphê browse the Guide text.

e) propose Deputy Director and Chief Accountant of the Fund to the Management Council, the Minister of science, technology and Environment, the trườngbổ mission.

g) management, use of capital, assets and other resources of the Fund under this Charter vàcác quyđịnh of the law.

h) Are participating in regular meetings of the Board of Trustees contributed a patch is ývào the content of the session.

Article 11 1. specialized consulting Councils advise the Fund in the assessment, chọncác program, project, task and environment protection activities are financial support đềnghị.

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

3. specialized consulting Councils work under regulation by the Board of management of Quỹbanhành.

4. Costs for the operation of specialized consulting councils included in the genus phíquản of the Fund.

Chapter IV the ACTIVITY of the VIETNAM ENVIRONMENTAL PROTECTION FUND article 12.

1. Operation of the Vietnam environment protection fund to be made ' according to the following: phươngthức a) loans with preferential interest rates, loan interest assistance b), c) sponsored and funded.

d fiduciary and trustee), e) to buy government bonds.

2. The object of the Foundation's financial support programs, projects, work độngvà task of protecting national environments, interdisciplinary, Sesame, hoặcgiải the local environment but great influence in cáclĩnh areas, pollution prevention, and environmental degradation.

3. The object of financial assistance under the above method must meet the quyđịnh for each method defined in this Charter.

13. The method for preferential interest loans of the Fund shall be as follows: 1. the loan object.

Types of loan programs, projects, activities to protect the environment: a) prevention, ônhiễm environmental remediation, waste management.

b) prevention, remediation of environmental degradation, protect biodiversity.

c) prevention, troubleshoot the environment, including environmental issue has nguồngốc disaster.

The loan annual soup priority Danhmục by the Board of Trustees decided.

2. loan conditions: a) subject to the provisions in clause 1 of this article.

b) Have the ability to actually pay the debt loans.

c) have enough loan records under the địnhcủa Fund.

3. The level of loans and lending authority: a) the level of the loan may not exceed 70% of the investment costs for the môitrường protection content of loan audience.

b) Board of Trustees decided to loan rates with each audience. For mứcvay from 1 billion or more, the Board of management of the Fund to the Minister of science, technology and Environment trườngxin ideas.

4. The time limit Thờihạn loans: loans are determined with suitable characteristics of business of each of the types of loans and the repayment ability of the investor, but must not exceed 7 years.

5. loan interest rates: a) the Fund's lending rate Vietnam environment protection is 0% lnăm.

b) for pay management fee for the Fund with the specific fees under địnhcủa the Ministry of finance.

6. Secured Loan: a loan objects) used the assets formed by loans to secured loan or are here on a bảolãnh third party property.

b) during the period not yet paid off debt, investor or guarantor cannot be chuyểnnhượng, mortgage, sell or pledge property as defined in paragraph a of this article to vayvốn.

7. Extract the reserve funds risks for lending operations project: a) the environmental protection Fund annual Vietnam was established Reserve Fund of risk bằng0, 1% calculated on the total outstanding balance of loan funds to handle the risks objectively.

b) The extract of the reserve funds where risks are accounted into the costs of the Fund's nghiệpvụ activity.

8. Handle risk: Types of the loan fund's soup was a risk due to unforeseen reasons then be viewed xétgia term debt, debt, delete part or delineated clear the entire debt loans.


Hộiđồng fund managers decide the renewal of debt, debt relief and debt to the Ruff 1 billion. Removing debt from $1 billion or more for a loan objects must be sựđồng by the Minister of science, technology and the environment, the Minister of TàiChính. Total debt for the loan are not subjects do photo hưởngđến the Conservation Fund's capital.

Article 14. Method of loan interest assistance Funds are defined as follows: 1. decision to Fund categories and levels of support for specific loan interest for projects vayvốn environmental protection investment from credit institutions.

2. The project loan interest assistance must be subject to regulation project in Điều12 item 2 of the Charter has a special meaning for the important work of environmental bảovệ and high risks.

3. The Authority decided to support interest rate loans for environmental investment projects from trườngkhi credit institutions are defined as for your trợtại article 15 of the Charter.

4. The loan interest rate support is done once for each investment project vệmôi school. The funding support will be conducted when the project was thànhvà the results of the project are put into use. The total amount of loan interest assistance vốntrong the year does not exceed 20% of the additional capital of the Fund.

Article 15. Method of financing and co-financing of Vietnam environment protection Fund are quyđịnh as follows: 1. Funding for the operation, the task of environmental protection necessary, irregular, mớiphát b., has important implications for environmental conservation and sustainable pháttriển of the country , is not in the plans of the Ministry of industry and địaphương, including: a) propaganda, education and environmental awareness; universal security knowledge vệmôi market for the community.

b) mobilize the participation of the community to the cause of environmental protection; praise thưởngcác organizations, individuals in and outside the country have much to contribute to the security vệmôi career market and sustainable development.

c) build, test, and disseminate replicable models for environmental protection.

d) design of the program, the project aims to mobilize the funding of organizations, domestic and foreign cánhân for environmental protection.

DD) scientific research, transfer of technology friendly to the environment, cleaner production, solutions to prevent, limit and troubleshoot environment.

2. conditions to be funded not refundable: activities, tasks prescribed tạikhoản 1 Điềunày will be reviewed, with the condition the subject proposal is funded phảicó reciprocal capital of at least 50% to perform the operation, the mission to protect môitrường.

3. Beneficiaries must pay a management fee to fund environmental protection trườngViệt.

Specific Mứcphí by Ministry of finance regulations.

4. Jurisdiction to decide the level of funding is not refundable: a) the level of grants does not exceed 50% of the investment costs for environmental protection nộidung of the object to be financed.

b) Board of Trustees to decide the level of funding is not refundable to each object đượctài. With regard to funding levels from 1 billion or more, the Management Council Quỹtrình BộKhoa Côngnghệ, school Secretary and concensus opinion environment.

5. The Fund was cooperating with organizations, individuals in and outside the country to co-sponsor tàichính for tasks and activities to protect the environment as specified in article lệnày and in accordance with the commitment of the co-sponsors.

6. The Fund can only be used up to 50% of additional capital to support thứctài method implementation and co-financing.

Article 16. Method of getting the trust and trustee of the Vietnam environment protection Fund are quyđịnh as follows: 1. the outsourced: a) the Fund received the mandate for lending, debt collection and funding of organizations, nhântrong and foreign fish under the contract received the mandate.

b) enjoy Fund fees of services outsourced. Outsourced service fee docác agreed and recorded in the outsourced contract.

2. Trustee: a trustee ' Rights Foundation) for credit institutions, financial institutions and loan hiệncho real debt collection under the trust contract.

b) outsourced organizations are entitled to fees of services outsourced. Health care rate outsourced by the parties to the agreement and in the contract of mandate.

Article 17. Method of buying Government bonds of the Vietnam environmental protection Fund đượcquy as follows: 1. The Fund is allowed to use idle capital not derived from State budget đểmua Government bonds under the provisions of the law and the guidelines of the Ministry of finance and the thuậncủa organization individuals provide that capital.

2. The total funding to buy the Government bonds may not exceed 50% of the total sốvốn idle prescribed in clause 1 of this article.

Chapter V CAPITAL ACTIVITIES of the VIETNAM ENVIRONMENTAL PROTECTION FUND Article 18. Capital of Vietnam environment protection Fund is 200 billion due to the budget nhànước granted from the funds of the scientific career and are granted enough within 2 nămkể from the date of the decision to establish the Fund.

Article 19. Capital Fund annual environmental protection Vietnam was added from the following cácnguồn: 1. Compensation for environmental damage (revenues in the State budget) of cáctổ, the individual provisions of the law.

a) compensation of environmental damage including damage compensation due to the cốmôi market, causing environmental pollution, due to the activity the harmful effects to the environment trườngtrong the past according to the provisions of article 7 and article 53 of the law on environmental protection.

b) modes of Garner, paid compensation to fund environmental protection made theohướng of the Ministry of finance.

2. Extract 50% of your costs for environmental protection according to the provisions of the law.

a) environmental protection Fee includes all fees related to the đượcquy environment defined in Decree No. 57/2002/ND-CP dated 3/6/2002 hướngdẫn Government's Ordinance enforcement fees and charges.

b) mode, submission and quote brought into Vietnam environmental protection Fund made theoquy by the Government.

3. Extract 10% funding for State management of environmental protection in trườnghàng.

4. voluntary contributions of money, aid and funding for the Fund of the Organization, the fish nhântrong and abroad.

5. other revenues prescribed by law 6. trust funds received from organizations and individuals in and outside the country for the field of environmental protection vựcbảo.

Chapter VI FINANCIAL MANAGEMENT of the VIETNAM ENVIRONMENTAL PROTECTION FUND article 20. Annually, Vietnam environment protection Fund has the responsibility to: 1. Build plans to mobilize and use the funds for financing activities củaQuỹ.

2. Estimating the financial incomes and expenses for the operation of the Fund under this Charter vàhướng of the Ministry of finance.

Article 21.

1. The financial year of the Vietnam environment protection Fund starting July 1 vàkết end on December 31.

2. financial regime, the Foundation's accounting mode is done according to the regulations of the Ministry of finance.

3. Costs for management activities and operating the apparatus is retrieved from the source currency củaQuỹ Vietnam environment protection.

Article 22. Environmental Protection Fund Vietnam organized internal audit our main Fund financial reports or hire independent auditors should find it necessary.

Article 23.-founded Vietnam environmental protection Fund and send business reports, thốngkê reports, accounting reports and other periodic reports, irregularly according to the current rules.

Chapter VII ENFORCEMENT PROVISIONS article 24. this Charter have effect after 15 days from now determined banhành.


Việcsửa amendment chứcvà activity of Nest Charter Fund by the Fund Management Board Minister of science, technology and Environment trườngphê browser.

Chủtịch Board of Trustees, the Fund Manager is responsible for the Organization of this Điềulệ enforcement./.

 

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