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THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
82/2002/QD-TTg
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Hanoi, June 26, 2002
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DECISION
ON THE SETTING UP, ORGANIZATION AND OPERATION
OF VIETNAM ENVIRONMENT PROTECTION FUND
THE PRIME MINISTER
Pursuant to the Law on
Organization of the Government of December 25, 2001;
Pursuant to the Law on Environmental Protection of December 27, 1993;
Pursuant to the Government’s
Decree No. 175/CP of October 18, 1994 guiding the implementation of the Law on
Environmental Protection;
At the proposal of the Minister of Science, Technology and Environment,
DECIDES:
Article 1.- To set up Vietnam
Environment Protection Fund in order to mobilize capital from organizations and
individuals at home and abroad; and receive the State’s
investment capital sources to support environmental protection programs,
projects as well as activities and tasks nationwide.
Vietnam Environmental Protection
Fund is a State-run financial organization which is attached to the Ministry of
Science, Technology and Environment and subject to the financial State
management by the Ministry of Finance.
Article 2.- The legal position of
Vietnam Environment Protection Fund.
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Vietnam Environment Protection
Fund has the legal person status, its charter capital, its own accounting
balance sheet and seal, and is entitled to open accounts at the State Treasury
and banks at home and abroad.
2. Its transaction name: Vietnam
Environment Protection Fund. (VEPF).
3. Vietnam Environment
Protection Fund’s head-office is
located in Hanoi.
The Fund shall have its
representative offices located in provinces and centrally-run cities as decided
by the Fund’s Managing Council.
In case of necessity, the Fund
may open its overseas transaction offices according to the Government’s regulations.
4. The Fund may, together with
Environment Funds of branches and localities as well as funds of other types,
co-finance environmental protection activities.
Article 3.- Operation of Vietnam
Environment Protection Fund.
Vietnam Environment Protection
Fund shall operate for non-profit purposes, but must ensure the retrieval of
its charter capital and the coverage of managerial expenses.
To assign the Minister of
Science, Technology and Environment to promulgate the Regulation on
organization and operation of Vietnam Environment Protection Fund suitable with
this Decision and current regulations of the State.
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1. To mobilize financial sources
at home and abroad according to the provisions of Vietnamese laws in order to
create sources of investment capital for environmental protection.
2. To render financial support
for programs and projects on as well as activities of preventing, combating and
overcoming environmental pollution, deterioration and incidents of national,
inter-sectional or inter-regional nature, or settling environmental matters of
local nature but with large impact scope in the following forms:
a) Providing loans at
preferential interest rates;
b) Providing lending interest
rate support for investment projects on environmental protection when capital
is borrowed from other credit institutions;
c) Providing financial support
for a number of environmental protection activities and tasks prescribed in the
Regulation on organization and operation of Vietnam Environment Protection
Fund.
3. To receive and manage the
capital sources entrusted by domestic and overseas organizations and
individuals in order to provide investment or financial support for
environmental protection activities and tasks.
4. To assume the prime
responsibility and coordinate with functional agencies in organizing the
appraisal and selection of environmental protection activities, tasks and
projects calling for financial assistance or investment support in strict
accordance with law provisions.
5. The Fund may use idle capital
not originating from the State budget to buy the Government bonds according to
law provisions, provided that it is so consented by the capital-providing
organizations and/or individuals.
Article 5.- Powers of Vietnam
Environment Protection Fund.
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2. To regularly and irregularly
inspect the implementation of environmental protection activities, tasks and
projects by units using the Fund’s
capital. For investors that breach commitments made with the Fund or violate
the State’s regulations,
Vietnam Environment Protection Fund may withdraw its lent capital, stop the
financial assistance or lending interest rate support and initiate lawsuit
against those investors at competent agencies according to law provisions.
3. To be entitled to invite
specialists from the concerned ministries, branches and organizations to join
the Council for appraisal of environmental protection activities, tasks and
projects calling for financial assistance or investment support, as well as in
service of other activities of the Fund.
4. To enjoy the salary, bonus
and welfare regimes as currently prescribed for State enterprises.
5. To refuse all requests of any
organizations or individuals for the provision of information and other
resources of Vietnam Environment Protection Fund, if such requests are contrary
to the provisions of laws and the Regulation on organization and operation of
Vietnam Environment Protection Fund.
6. To directly contact with
domestic and overseas organizations and/or individuals in order to call for,
attract and receive donations or to mobilize investment capital for
environmental protection projects, activities and tasks under the operation
plans assigned to Vietnam Environment Protection Fund.
7. To be entitled to send
officials and employees of Vietnam Environment Protection Fund abroad for
working missions, study, visits or surveys strictly according to the provisions
of laws.
Article 6.- Capital sources of
Vietnam Environment Protection Fund.
Capital for operation of Vietnam
Environment Protection Fund shall be formed from the following sources:
1. The Fund’s charter capital of VND 200 billion, allocated by
the State budget. The State budget shall allocate adequate charter capital for
Vietnam Environment Protection Fund within two years as from the date of
issuing the establishment decision. The change in the charter capital of
Vietnam Environment Protection Fund shall be decided by the Prime Minister at
the proposals of the Ministry of Science, Technology and Environment, the
Ministry of Finance and the Ministry of Planning and Investment.
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a) Compensations for environmental
damage (the amounts payable to the State budget) paid by organizations and
individuals as prescribed by laws;
b) The deduction of 50% of
environmental protection charges as prescribed by laws;
c) The deduction of 10% of the
annual funding for activities of State management of environmental protection;
d) Contributions voluntarily
made by domestic and overseas organizations and individuals;
e) Aids and donations from
domestic and overseas organizations and individuals;
f) Other revenues as prescribed
by laws;
g) Capital entrusted by domestic
and overseas organizations and individuals for environmental protection
activities.
Article 7.- The managerial and
executive apparatus of Vietnam Environment Protection Fund.
The managerial and executive
apparatus of Vietnam Environment Protection Fund shall consist of the Managing
Council, the Control Board and the operation-administering body.
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2. The head of the Control Board
shall be appointed and dismissed by the Fund’s
Managing Council. Members of the Control Board shall be decided by the Managing
Council at the proposal of the Control Board’s
head and work on a part-time basis.
3. The operation-administering
body of Vietnam Environment Protection Fund shall be composed of a director, a
deputy director, a chief accountant and assisting section.
The post of Vietnam Environment
Protection Fund’s director shall be
held concurrently by a leading official of the Environment Department and
appointed by the Minister of Science, Technology and Environment at the
proposal of the Managing Council.
The deputy director and chief
accountant shall be appointed and dismissed by the Minister of Science,
Technology and Environment at the proposal of Vietnam Environment Protection
Fund’s director, submitted to
him/her by the Managing Council.
The assisting section shall be
decided by the Managing Council. At the initial stage, Vietnam Environment
Protection Fund may employ the Environment Department’s
apparatus to administer the Fund’s
operation.
Article 8.- The Minister of
Science, Technology and Environment and the Minister of Finance shall have to
guide the implementation of this Decision.
Article 9.- Implementation
provisions.
This Decision takes effect 15
days after its signing.
The Minister of Science,
Technology and Environment, the Minister of Finance, the Minister of Planning
and Investment, the Governor of Vietnam State Bank, the Minister-Head of the
Government Commission for Organization and Personnel, the chairman of the
Managing Council and the director of Vietnam Environment Protection Fund shall
have to organize the implementation of this Decision.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Pham Gia Khiem