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THE
MINISTER OF FOREIGN AFFAIRS
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SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
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No.
2985/2007/QD-BNG
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Hanoi,
November 29, 2007
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DECISION
PROMULGATING THE REGULATION ON
ORGANIZATION AND OPERATION OF THE FUND FOR ASSISTING OVERSEAS VIETNAMESE
CITIZENS AND LEGAL ENTITIES
THE MINISTER OF FOREIGN
AFFAIRS
Pursuant to:
- Decree No. 189/HDBT of June 4, 1992, of the Council of Ministers (now the
Government), detailing the implementation of the Ordinance on Consular Affairs;
- The Governments Decree No. 183/CP of November 18, 1994, detailing the
implementation of the Ordinance on Overseas Representative Missions of the
Socialist Republic of Vietnam;
The Governments Decree No. 21/2003/ND-CP of March 10, 2003, defining the
functions, tasks, powers and organizational structure of the Ministry of
Foreign Affairs; and
The Prime Ministers Decision No. 119/2007/QD-TTg of July 25, 2007, setting up
the Fund for Assisting Overseas Vietnamese Citizens and Legal Entities;
At the proposal of the director of the Consular Department and the director of
the Department of Administration and Finance,
DECIDES:
Article 1. To promulgate
together with this Decision the Regulation on organization and operation of the
Fund for Assisting Overseas Vietnamese Citizens and Legal Entities.
Article 2. This Decision
takes effect 15 days after its publication in CONG BAO.
Article 3. The director
of the Consular Department, the director of the Office of the Ministry of
Foreign Affairs, the directors of the Department of Organization and Personnel
and the Department of Administration and Finance, and heads of overseas
Vietnamese diplomatic missions and consulates shall implement this Decision.
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FOR
THE MINISTER OF FOREIGN AFFAIRS
VICE MINISTER
Nguyen Phu Binh
REGULATION
ON
ORGANIZATION AND OPERATION OF THE FUND FOR ASSISTING OVERSEAS VIETNAMESE
CITIZENS AND LEGAL ENTITIES
(Promulgated together with Decision No. 2985/2007/QD-BNG of November 29,
2007 of the Minister of Foreign Affairs)
Article 1. Scope of
application
1. This Regulation provides for
the organization and operation of the Fund for Assisting Overseas Vietnamese
Citizens and Legal Entities (below referred to as Citizen Assistance Fund for
short), set up by the Prime Minister under Decision No. 119/2007/QD-TTg of July
25, 2007. Its international transaction name is Fund for Assisting Overseas
Vietnamese Citizens and Legal Entities (abbreviated to FAOV).
2. Vietnamese citizens who
permanently reside in foreign countries or territories and have paid insurance
premiums in those countries or territories are not governed by this Regulation.
Article 2. Purposes
The Citizen Assistance Fund
operates not for profits and under the financial management regulation of the
Fund and is set up to:
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2. Provide emergency
humanitarian aid to citizens and legal entities that encounter exceptionally
difficult circumstances which they are unable to overcome on their own.
3. Provide supports for other
activities under decisions of the Minister of Foreign Affairs and in accordance
with Article 4 of the Prime Ministers Decision No. 119/2007/QD-TTg of July 25,
2007.
Article 3. Apparatus of
the Citizen Assistance Fund
1. The Citizen Assistance Fund
has the legal entity status and its own seal and may open state treasury and
bank accounts under the provisions of Article 2 of the Prime Ministers Decision
No. 119/2007/QD-TTg of July 25, 2007.
2. The Fund submits to state
management by the Ministry of Foreign Affairs of its organization and
operation. The Consular Department is authorized by the Minister of Foreign
Affairs to manage the assistance of overseas Vietnamese citizens and legal
entities and assist the leadership of the Ministry of Foreign Affairs in
directly performing the state management of the Funds organization and
operation.
3. The Fund has its directorate
composed of the director, 2 (two) deputy directors and professional divisions -
Office of the Fund (including accountants, office staff and public information
and communication and administration staff of the Fund).
4. The Funds director and deputy
directors are appointed and dismissed by the Minister of Foreign Affairs.
5. The Office of the Fund has no
more than 7 (seven) staff members who are on the state-prescribed payroll of
the Consular Department. When necessary, the Fund may employ professional
cadres to work under labor contracts after obtaining approval of the Minister
of Foreign Affairs.
Article 4. Functions and
tasks of the Citizen Assistance Fund
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a/ To assume the prime
responsibility for, and coordinate with representative missions in:
- Formulating operation
orientations and programs of the Fund, them submitting them to the Minister of
Foreign Affairs for approval.
- Projecting the Funds annual
fund, including estimation of revenues and expenditures from the state budget
source and other sources for assistance of overseas Vietnamese citizens and
legal entities, and incorporation of estimated revenues and expenditures in
annual budget estimates of the Ministry of Foreign Affairs before submission to
the Ministry of Finance.
- Organizing annual, periodical
or extraordinary reviews for drawing experience and working out plans for key
issues in the assistance of overseas Vietnamese citizens and legal entities,
especially in areas with large numbers of Vietnamese citizens.
b/ To receive deposits paid by
relatives or guarantee organizations of citizens concerned, then request
representative missions to pay advances in the cases specified in Item a,
Clause 2, Article 7 of this Regulation, and coordinate with the Ministry of
Finance in recovering advances specified in Item b, Clause 2, Article 7 of this
Regulation.
c/ To perform financial
management in accordance with law.
d/ To promptly report to the
leadership of the Ministry of Foreign Affairs for decision issues falling
beyond its powers.
2. Tasks:
a/ To manage funds, assets and
other lawful resources used for the performance of its assigned tasks.
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c/ To make and send annual final
settlement reports on use of its fund to the Ministry of Finance.
d/ To organize the Funds raising
activities.
dd/ To
exercise other rights and perform other obligations provided for by law
Article 5. Tasks and
powers of the Directorate and the Office of the Citizen Assistance Fund
1. The director of the Fund
shall/may:
a/ Be answerable to the Minister
of Foreign Affairs for directing the performance of the functions and tasks
specified in Article 4 of this Regulation and administering day-to-day
activities of the Fund. When being busy working or absent from the Fund for
unforeseeable reasons, the Funds director may authorize a deputy director to
represent him/her in directing all day-to-day activities of the Fund.
b/ Act as the Funds
representative at law and the holder of the Funds accounts. He/she may
authorize a deputy director to sign on his/her behalf.
c/ Approve expenses under the
Funds regulations not exceeding USD 10,000 (ten thousand US dollars) for each
case or affair. When necessary to spend more than USD 10,000, the Funds
director shall report it to the leadership of the Ministry of Foreign Affairs
for consideration and decision.
d/ Represent the Citizen
Assistance Fund in relations and transactions related to its activities.
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e/ Report periodically on the
Funds operation under current regulations.
2. Deputy directors of the Fund
shall perform tasks assigned by the Funds director and are responsible before
the Minister of Foreign Affairs and the Funds director for their assigned
tasks.
3. The Funds Office is a
professional section assisting the Directorate. Staff members of the Funds
Office have the following tasks:
a/ To regularly monitor, sum up
and report to the Funds Directorate on the Funds operation at home and abroad.
b/ To prepare for and do
clerical work at the Funds regular and extraordinary meetings.
c/ To advise on the Funds
orientations and tasks and propose the Funds annual operation plans to the
director for approval.
d/ To perform other tasks as
assigned by the Funds Directorate.
4. Working mode of the Fund:
a/ The director, deputy
directors and staff of the Funds Office shall work on the principle of single
chief combined with the principle of democratic centralism.
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Article 6. Representative
missions function and power to use the Fund
1. Heads of representative
missions are responsible for the payment and final settlement of expenses
advanced from the Fund in their missions funds for assistance of overseas
Vietnamese citizens and legal entities.
2. Heads of representative
missions may decide on expenses not exceeding USD 3,000 (three thousand US
dollars) for each case or affair. Any expense exceeding USD 3,000 must be
proposed to the Funds director or the leadership of the Ministry of Foreign
Affairs for consideration and decision.
3. Representative missions
accountants shall send original invoices and vouchers to the Fund for
accounting under financial regulations, and make annual revenue and expenditure
statements under current financial management regulations.
4. Upon emergence of an
extraordinary activity of special nature and wide impact, the head of a
representative mission shall notify the Funds director of the tentative plan
and estimated funding for the activity. The Funds director shall consider the
plan and issue a written reply to the request according to his/her competence.
Only after obtaining a written approval of the Funds director or the leadership
of the Ministry of Foreign Affairs can the head of the representative mission
start the activity.
Article 7. Expenses of
the Citizen Assistance Fund
1. Non-refundable expenses:
a/ Expenses for assurance of
citizens life and evacuation to safe places upon outbreaks of war, conflicts,
natural calamities or epidemics, terrorism or abduction, etc.;
b/ Expenses paid as financial
supports for citizens in unexpected or emergency circumstances if these
citizens can prove they are totally broke and have no relative or organization
standing security for them.
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d/ Expenses for external affairs
in service of the assistance of citizens and legal entities.
2. Refundable expenses:
a/ Advances for payment of
hospital fees, medication costs, air fares for repatriation, accommodation
expenses for citizens pending their repatriation; expenses for funerals,
cremation and transportation of corpses or remains of overseas Vietnamese
citizens back to Vietnam, etc., in emergency circumstances when persons
concerned have no money at the time, provided that their families or domestic
organizations have paid deposits or offered guarantee for the refund of these
amounts.
b/ In special cases when overseas
Vietnamese citizens concerned have no guarantee or deposit, they shall make
written commitments on refund of these amounts.
3. Expenses for the management
of the Fund (not exceeding 10% of the Funds approved annual fund):
a/ Part-time staff members enjoy
30% of their current basic wages;
b/ Wages, insurance premiums and
allowances shall be paid in accordance with law to the Funds employees working
under labor contracts;
c/ Expenses for public
information work to raise capital for the Fund;
d/ Expenses for inbound and
outbound delegations to raise capital for the Fund, inspect the use of the
Fund, survey and study the actual situation and specific activities of
assistance of Vietnamese citizens and legal entities in foreign countries;
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4. Other expenses compliant with
the financial management regulations of the Fund, its purposes and other
regulations shall be decided by the leadership of the Ministry of Foreign
Affairs and the Funds director.
Article 8. Commendation
and discipline
1. The Citizen Assistance Fund
shall keep a golden book of honor, award commemorative medals and may request
competent authorities to commend and reward domestic or overseas organizations,
collectives and individuals for their outstanding merits in the setting up and
development of the Fund or great contributions to the assistance of overseas
Vietnamese citizens and legal entities.
2. All acts of violation of the
States regulations on operation of the Fund and the provisions of this
Regulation shall, depending their nature and severity, be administratively
handled or examined for penal liability in accordance with current law.
Article 9. Complaints and
denunciations
1. All agencies, organizations
and individuals may lodge complaints or denunciations about acts of
embezzlement, corruption or taking advantage of the name of the Citizen
Assistance Fund for self-seeking purpose or acts of violation of the provisions
of this Regulation.
2. Complaints and denunciations
related to the Citizen Assistance Fund shall be settled under the provisions of
the Law on Complaints and Denunciations.
FOR
THE MINISTER OF FOREIGN AFFAIRS
VICE MINISTER
Nguyen Phu Binh
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