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CENTRAL COMMITTEE OF THE VIETNAMESE FATHERLAND FRONT
PRESIDIUM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 1198/QD-MTTW-DCT
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Hanoi, December 29, 2016
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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.