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Decision 82/2002/qd-Ttg Dated: On The Establishment, Organization And Operation Of The Vietnam Environment Protection Fund

Original Language Title: Quyết định 82/2002/QĐ-TTg: Về việc thành lập, tổ chức và hoạt động của Quỹ Bảo vệ môi trường Việt Nam

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The DECISION on the establishment, organization and operation of the Vietnam environment protection Fund _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the PRIME MINISTER pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on environment protection 27 December 1993;

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

According to the recommendation of the Minister of science, technology and the environment.

Decision: Điều1. Established Vietnam environment protection Fund to mobilize capital from the organizations and individuals in and outside the country; receiving the capital investment of the State to support the programs, projects, activities, tasks of environment protection on nationwide.

Vietnam environmental protection Fund's financial institutions under the Ministry of science, technology and environment and the State of the financial management of the Ministry of finance.

Article 2. 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.

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.

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.

4. can the Fund co-sponsors with the financial industry environment, local Funds and other fund types for environmental protection activities.

Article 3. Operation of the environment protection Fund Vietnam Vietnam environment protection Fund operations for the purpose of profit, but must ensure the complete capital and offset the costs of management.

Affairs Minister of science, technology 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. Mobilize domestic and external financial resources in accordance with the law of Vietnam to make capital investment for environmental protection.

2. financial support for programs, projects, activities, prevention, pollution, degradation and environmental issues with national, sectoral, interregional or solve the problem to the local environment but great influence under the following forms: a) For loans with preferential interest rates;

b) loan interest rate support for the investment projects of environment protection when borrowing from other credit institutions;

c) funding for some activities, the task of environmental protection are specified in terms of organization and activity of the Vietnam environment protection Fund.

3. Receive and administer funding mandate from organizations, individuals and foreign investment to aid or funding for the operation, the task of environmental protection.

4. Hosted, in cooperation with the relevant authorities organized the appraisal and selection of the activities, tasks and projects to protect the environment please sponsor or apply for investment support in accordance with the provisions of the law.

5. The Fund is used which idle 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.

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 relevant organizations to join 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, benefits under current rules 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 made to mobilize investment capital for the project, the activities and tasks of environmental protection according to the action plan of Vietnam environment 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 capital of the Fund by the State budget level is 200 billion. State budget enough capital for the Vietnam environmental protection Fund within a period of 2 years from the date of the decision. Changing the Charter capital of the Vietnam environmental protection Fund due to the Prime Minister decides on the basis of the proposal of the Ministry of science, technology and environment, the Ministry of finance and the Ministry of planning and investment.

2. active Capital from other sources: a) compensation of environmental damage (revenues in the State budget) of organizations and individuals, in accordance with the law;

b) Extract 50% money costs for environmental protection in accordance with the law;

c) 10% of the funding for the operation of State management of environmental protection every year;

d) voluntary contribution Funds of organizations and individuals in and outside the country;

DD) grants, grants from organizations and individuals in and outside the country;

e) other revenues prescribed by law;

g) entrusted Capital from the organizations and individuals inside and outside the country for the field of environmental protection.

Article 7. Management and Administration fund the Vietnam environment protection management and administration of the Fund include the Vietnam environment protection management board, supervisory board and executive bodies.

1. The Board of Trustees Vietnam environment protection has five members, including representatives of Ministry of science, technology and the environment, the competent representatives of the Ministry of finance, planning and investment, Vietnam's State Bank and a leader of the Department of the Environment Department of the Ministry of science , Technology and the environment. Chairman of the environmental protection Fund management Vietnam's Minister of science, technology and the environment. Based on the proposal of the Ministry of finance, the Ministry of planning and investment and the State Bank of Vietnam, the Minister of science, technology and environment of the decision appointing the members of the Board of Trustees Vietnam environment protection. The members of the Board of management works in part-time mode and enjoy the mode according to the regulations of the State.


2. Head of control by the Board of Trustees appointed and dismissed. Control Committee members by the Board of management decided to follow the recommendation of the head of the control and operating under the concurrent mode.

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

The Director of environmental protection fund to Vietnam due to a concurrent Environment Bureau leaders are proposing Management Council and the Minister of science, technology and the environment.

Deputy Director and chief accountant because the Director of environmental protection Fund Vietnam suggest the Management Council, the Minister of science, technology or mission appointed environment.

The Department helps the decision by the Board of management. In the first phase, the Vietnam environment protection Foundation used the apparatus of the Department of environment to the Fund's operations.

Article 8. The Minister of science, technology and the environment, the Minister of finance is responsible for implementing this decision Guide.

Article 9. Terms of implementation of this decision has the effect after 15 days from the date of signing.

The Minister of science, technology and the environment, Minister of the Ministry of finance, planning and investment, Vietnam's State Bank Governor, Minister, head of the Organization-Government officials, President of the Board of management and 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 the people's committees of provinces and cities under central authority responsible for the implementation of this decision.