Quyết định 1198/QĐ-MTTW-ĐCT Quy chế vận động quản lý và sử dụng Quỹ Vì người nghèo 2017

DECISION

 PROMULGATING REGULATION ON RAISING, MANAGEMENT AND USE OF FUND “FOR THE POOR” AMENDED IN 2016

Pursuant to the Law on Vietnamese Fatherland Front dated June 09, 2015;

Pursuant to Joint Resolution No.19/2008/NQ-LT/CP-UBTUMTTQVN dated August 22, 2008 on promulgation of regulation on cooperation in affairs between the Government and the Central Committee of the Vietnamese Fatherland Front.

Pursuant to Joint Resolution No.88/NQLT/CP-DCTUBTWMTTQVN dated October 07, 2016 on cooperation in sustainable poverty reduction and construction of new rural and civilized urban areas between the Government and the Presidium of Central Committee of the Vietnamese Fatherland Front.

After agreement with relevant ministries and central government authorities;

At the request of the Central Committee of the Vietnamese Fatherland Front,

THE PRESIDIUM OF CENTRAL COMMITTEE OF THE VIETNAMESE FATHERLAND FRONT

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Article 1. The Regulation on raising, management and use of Fund “for the poor” amended in 2016 is promulgated together with this Decision.

Article 2. This Decision comes into force from January 01, 2017.

Article 3. Presidents of Vietnamese Fatherland Front Committees at all levels, Heads of Campaign Committees for Funds “for the poor” at all levels, and relevant agencies shall be responsible for implementation of this Decision.

ON BEHALF OF THE PRESIDIUM
PRESIDENT




Nguyen Thien Nhan

REGULATION AMENDED IN 2016

RAISING, MANAGEMENT AND USE OF FUND “FOR THE POOR”
(Issued together with Decision No. 1198/QD-MTTW-DCT dated December 29, 2016 of the Presidium of the Central Committee of Vietnamese Fatherland Front)

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GENERAL PROVISIONS

Article 1. Principles and purposes of the Fund

1. The Fund “for the poor” (herein after referred to as “Fund”) is established on the basis of mobilization of voluntary donations from individuals, households, units and organizations at home and abroad (herein after referred to as “domestic and foreign organizations and individuals”)

2. The Fund is aimed at assisting the poor to eradicate poverty, thereby contributing to achievement in objectives of sustainable poverty reduction.  The Fund operates for not-for-profit purposes and assists poor people and households, near-poor people and households, people and households facing extremely difficult circumstances and poor communities in accordance with the State’s regulations.

3. Organizations and individuals are prohibited from abusing establishment and operation of the Fund to make profits and conduct illegal activities.

Article 2. System of the Fund

1. There are the central Fund, the provincial Fund, the district Fund and the communal Fund.

2. At each level, there is a Committee for raising, management and use of the Fund “for the poor” (herein after referred to as “Campaign Committee for the Fund”).

3. The Campaign Committee for the Fund at each level has juridical person status and its own seal for transaction; and is entitled to open accounts at the State Treasury, the Joint Stock Commercial Bank to carry out transactions.  If the communal Campaign Committee for the Fund has not yet had its own seal, it may use the seal of the Vietnamese Fatherland Front Committee at the same level to operate.

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1. The Fund raising shall be organized during the year with a focus on the peak period from October 17 to November 18 every year.

2. The President of the Central Committee of Vietnamese Fatherland Front appeals to people for their Fund-raising activities and Presidents of Vietnamese Fatherland Front Committees at provincial, district and communal levels shall launch movements to respond to Fund raising.

3. Vietnamese Fatherland Front Committees at all levels shall preside over raising the Fund, and their members, agencies and units shall be responsible for raising the Fund.  In case of donations in cash, the money shall be transferred to the account of the Fund at the same level; in case of donations in kind, warehouses shall be prepared for receipt and storage and they shall be strictly managed. A report shall be sent to the agency which takes charge of raising the Fund and in-kind donations shall be transferred to eligible beneficiaries at provinces, districts and communes.

Chapter II

CAMPAIGN COMMITTEE FOR THE FUND “FOR THE POOR”

Article 4. Organization of Campaign Committees for Funds at all levels

1. Components of a Campaign Committee for the Fund and authority to establish Campaign Committees for Funds at all levels

a) The central Campaign Committee for the Fund is established by the Standing Board of the Central Committee of Vietnamese Fatherland Front after it reaches agreement with relevant agencies, including leadership representatives of:

Central Committee of Vietnamese Fatherland Front, Vietnam Women's Union, Vietnam Farmers' Association, Vietnam General Confederation of Labor, Ho Chi Minh Communist Youth Union, Vietnam Veterans Association, Vietnam Red Cross Society, Vietnam Union of Friendship Organizations, State Committee for Overseas Vietnamese Affairs, Vietnam Television, Voice of Vietnam, Vietnam Cooperative Alliance, Vietnam Chamber of Commerce and Industry, Communist Party Committees of Central Agencies, Communist Party Committees of Central Enterprises, Ministry of Finance, Ministry of Labor, War Invalids and Social Affairs. The Head of the central Campaign Committee for the Fund is the Vice President – General Secretary.

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c) The Standing Board of Campaign Committee for the Fund at each level includes a Head and Deputy Heads.

d) The central-, provincial-, or district -level Campaign Committee for the Fund has a working office which operates on a part-time basis. It includes some officials, public employees of the Committee of Vietnamese Fatherland Front, those in Labor, War Invalids and Social Affairs sector, those in Finance sector and relevant agencies.  The working office of the Campaign Committee for the Fund at each level is located in the Vietnamese Fatherland Front Committee at the same level. 

The working office of the communal Campaign Committee for the Fund is located in commune where it is headquartered.

2. Responsibilities of members of the central Campaign Committee

a) The Standing Board of the Central Committee of Vietnamese Fatherland Front shall preside over and cooperate with relevant agencies in providing guidance on raising, management and use of Funds at all levels; and organize activities of the central Fund.

b) The Ministry of Labor, War Invalids and Social Affairs shall give guidance on identification of eligible beneficiaries specified in Clause 1 Article 9 in accordance with the State’s regulations.

c) The Ministry of Finance shall provide guidelines for and make inspection of revenues and expenditures of the Fund according to law regulations on finance, accounting and statistics of the State.

d) Other members shall organize Fund-raising activities in conformity with their functions and conditions and propose support for eligible beneficiaries according to Clause 1 Article 9 of this Regulation.

Article 5. Tasks of Campaign Committee for the Fund

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a) Organize Fund raising and administration in accordance with regulations; announce revenues and expenditures in a public and transparent manner and comply with the State's regulations on finance and accounting.

b) Inspect activities of the inferior Campaign Committee for the Fund.

c) Report on management and use of the Fund to the superior Campaign Committee, the Standing Board of Committee of Vietnamese Fatherland Front and the financial authority at the same level.

d) Reach a consensus on expenditures of the Fund at the same level under the guidance of the superior Campaign Committee.

2. The Campaign Committee for the Fund at each level shall be responsible to the law for organization and operation of the Fund at the same level.

3. The Campaign Committee for the Fund shall hold biannual, annual and ad hoc meetings (if necessary).

Chapter III

POTENTIAL DONORS AND SCOPE OF FUND RAISING

Article 6. Potential donors

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Article 7. Scope of fund raising at all levels

1. At communal level: organizations, individuals and households under the direct management of communal governments.

2. At district level

a) Agencies of the Communist Party, Vietnamese Fatherland Front, socio-political organizations, social organizations and socio- professional organizations under the direct management of district-level governments.

b) Administrative agencies, public service providers, armed forces.

c) Enterprises

3. At provincial level

a) Agencies of the Communist Party, Vietnamese Fatherland Front, socio-political organizations, social organizations and socio- professional organizations under the direct management of provincial governments.

b) Administrative agencies, public service providers.

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d) Armed forces.

4. At central level

a) Central agencies of the Communist Party, Vietnamese Fatherland Front, socio-political organizations, social organizations and socio- professional organizations.

b) Administrative agencies, public service providers at central level.

c) Officials, soldiers of the armed forces, professional servicemen, national defense workers and officials of the Ministry of National Defense and the Ministry of Public Security.

d) Enterprises under the direct management of the central government and foreign enterprises.

5. Foreign organizations, units and individuals and overseas Vietnamese may decide to donate for the Fund at any level.

Chapter IV

REVENUES, USE AND MANAGEMENT OF FUND "FOR THE POOR”

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1. Voluntary donations in cash or in kind from domestic and foreign agencies, units, organizations and individuals; international aid.

2. Donations with specific purposes and recipients' addresses under authorization of donors

3. Deposit interests at the State Treasury, the bank and other legal sources (if any).

4. Transfer under the decision of the immediately superior Campaign Committee for the Fund (if any).

Article 9. Eligible beneficiaries and expenditures of the Fund

1. Eligible beneficiaries and priority order

a) Poor people and households.

b) Near poor people and households.

c) People facing extremely difficult circumstances and households facing severe difficulty in unexpected circumstances

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2.  Expenditures paid to eligible beneficiaries specified in Clause 1 of this Article

a) Support for construction and renovation of houses;

b) Support for purchase of supplies and tools for production, seeds, breeding animals, etc;

c) Enablement of students to go to schools;

d) Support for treatment of serious and dangerous diseases in case when beneficiaries are sick or hospitalized.

dd) Support for unexpected hunger relief;

e) Support for Lunar New Year days and national holidays

g) Expenditure on transfer under the decision of the immediately superior management agency.

h) Support for construction of essential works that serve the community.

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a) Regarding the central or provincial Fund, over 50% of total fund raised will be used to support construction and renovation of houses of eligible beneficiaries specified in Clause 1, Article 9 of this Regulation.

b) The district Fund is used to develop production

c) The communal Fund is used for ad hoc support.

4. The Campaign Committee for the Fund at each level shall make agreement and decision on expenditures of the Fund under the guidance of the central Campaign Committee by each period.  With regard to aided projects, expenditures shall comply with agreement made by or document signed by the Fund and the donor.  

5. Depending on the actual circumstance, Funds “for the poor” at all levels may be allocated to members of the Vietnamese Fatherland Front at the same level in order to support eligible beneficiaries according to the Fund’s Regulation.

6. Regarding expenditure on management of the Fund: State budget will set aside a budget in the annual estimates of the Committees of Vietnamese Fatherland Front at all levels to cover the expenditures on propaganda and fund raising; direction, inspection and supervision; preliminary review, summary, commendation; issuance of certificates of merit; public services; payment of salaries, social insurance, and health insurance for officials under contracts with the Fund; stationery; other expenditures.

Article 10. Principles of managing the Fund

1. The fund operates on the principle that all revenues from fund raising are used to support eligible beneficiaries specified in Clause 1, Article 9 of this Regulation.

2. The Fund’s revenues and interests from bank account (in case of foreign currency, it shall be converted to VND) shall be transferred to the account at the State Treasury at the same level for use according to the Fund's Regulation by the end of December 31 every year.

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4. The remaining fund of the previous year may be retained for the following year.

Article 11. Accounting, final settlement of revenues and expenditures and management of the Fund

1. Accounting and final settlement:

Accounting and final settlement of revenues and expenditures of the Fund “for the poor” shall follow applicable documents of the Ministry of Finance on accounting instructions for the Fund.

2. Regarding management of the Fund: the Standing Board of the Vietnamese Fatherland Front Committee and financial agencies at the same level shall be responsible for carrying out periodic and ad hoc inspection of management and use of the Fund's financial resources.  The Head of Campaign Committee for the Fund at each level shall be responsible to the law for all revenues and expenditures of the Fund.

3. Organizations and individuals are prohibited from abusing establishment and operation of the Fund to make profits and conduct illegal activities.

Chapter V

INSPECTION AND SUPERVISION OF MANAGEMENT OF THE FUND

Article 12. Inspection and supervision

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Article 13. Commendation and discipline

Organizations and individuals participating in raising and management of the Fund "for the Poor" Fund with outstanding achievements will receive commendation. If they commit violations against this Regulation, depending on the nature and severity of such violations, they shall incur disciplinary penalties or face criminal prosecution according to applicable laws.

Chapter VI

IMPLEMENTATION PROVISIONS

Article 14. Entry into force

This Regulation replaces the Regulation on establishment, management and use of the Fund “for the poor” issued together with Decision No. 901/QD-MTTW dated April 25, 2011 of the Central Committee of Vietnamese Fatherland Front and comes into force from January 01, 2017.

Article 15. Implementation

The Standing Board of the Central Committee of Vietnamese Fatherland Front shall cooperate with the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs and relevant agencies in providing guidance and organizing implementation of this Regulation.

Any difficulties arising in the implementation of this Regulation should be reported to the Presidium of the Central Committee of Vietnamese Fatherland Front for prompt consideration and adjustment.