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THE
MINISTRY OF FOREIGN AFFAIR
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
491/2003/QD-BNG
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Hanoi,
March 27, 2003
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DECISION
PROMULGATING THE REGULATION ON ORGANIZATION AND OPERATION OF
THE FUND FOR OVERSEAS VIETNAMESE COMMUNITY
THE FOREIGN MINISTER
Pursuant to the Government's Decree
No.86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational
structures of the ministries and ministerial-level agencies;
Pursuant to the Government's Decree No.21/2003/ND-CP of March 10, 2003 defining
the functions, tasks, powers and organizational structure of the Ministry for
Foreign Affairs;
Pursuant to the Prime Minister's Decision No.990/QD-TTg of October 30, 2002 on
the establishment of the Fund Overseas Vietnamese Community;
At the proposals of the Committee for Overseas Vietnamese and the Organization-
Personnel Department,
DECIDES
Article 1.- To
promulgate together with this Decision the " Regulation on Organization
and Operation of the Fund for Overseas Vietnamese Community".
Article 2.- This
Decision takes effect after its signing.
Article 3.- The director
of the Committee for Overseas Vietnamese, the director of the Office, the
director of the Organization-Personnel Department, the director of the
Administration- Accountancy Department, of the Ministry, and the director of
the Fund for Overseas Vietnamese Community shall have to implement this
Decision.
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MINISTER FOR FOREIGN AFFAIRS
Nguyen Dy Nien
REGULATION
ON ORGANIZATION AND OPERATION OF THE FUND FOR OVERSEAS
VIETNAMESE COMMUNITY
(Promulgated together with the Foreign Minister's Decision No.
491/2003/QD-BNG of March 27, 2003)
Chapter I
GENERAL PROVISIONS
Article 1.-
Application scope
This Regulation prescribes the organization and
operation of the Fund for Overseas Vietnamese Community (called the Community
Support Fund for short, its international transaction name is Fund for Overseas
Vietnamese Community, abbreviated to FOVC).
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The FOVC is set up and operates for the purposes
of supporting the overseas Vietnamese community and the work of mobilization of
overseas Vietnamese, helping the community stabilize and develop, preserve the
Vietnamese nation's identity, turn towards the country and contribute to the
construction of the native land and the country. The Fund operates for
non-profit purposes.
Article 3.- Principles
for organization and operation
1. The Community Support Fund is a financial
organization attached to the Foreign Ministry. It has legal person status, its
own accounts and seals. Its accounts opened at the State Treasuries shall be
used for deposit of the funding allocated from the State budget. It is allowed
to open accounts at State-run banks to deposit mobilized money amounts.
2. The Community Support Fund is subject to the
State management by the Foreign Ministry in terms of its organization and
operation.
3. The Committee for Overseas Vietnamese, the
Foreign Ministry's agency in charge of overseas Vietnamese-related work, shall
have to directly perform the function of State management over the Fund's
organization and operation.
4. The Fund shall not open branches and
representative offices at home and abroad. The Fund's working office shall be
arranged by the Foreign Ministry, but shall not be newly constructed.
5. The Community Support Fund must observe the
current regulations on financial management, abide by the Constitution and laws
of Vietnam. The Fund's activities abroad must be in compliance with the laws of
the host countries, the international laws and Vietnamese laws.
Chapter II
ORGANIZATION AND
APPARATUS OF THE COMMUNITY SUPPORT FUND
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1. The Community Support Fund is composed of the
director, 2 deputy-directors, professional sections (the accountancy section,
the office, the information-propagation section, the project management
section) and the Sponsoring Council.
2. The director of the Committee for Overseas
Vietnamese shall decide on the appointment and relief from duty of the director
of the Community Support Fund; decide on the appointment and relief from duty
of the chief accountant and deputy-directors at the proposal of the Fund's
director.
3. The Community Support Fund's payroll includes
8 persons on the payroll of the Committee for Overseas Vietnamese, who work on
a part-time basis. In case of necessity, the Fund may recruit professional
personnel to work according to the contractual regime after getting the consent
of the director of the Committee for Overseas Vietnamese.
Article 5.- The
Sponsoring Council of the Community Support Fund
1. The Sponsoring Council of the Community
Support Fund is composed of members being domestic individuals and overseas
Vietnamese, who have prestige, heart and mind and voluntarily participate in
sponsoring the Community Support Fund. Its members shall not exceed 20.
2. The president, vice-presidents and members of
the Sponsoring Council of the Community Support Fund shall be decided by the
Foreign Minister at the proposal of the director of the Community Support Fund.
3. The Sponsoring Council's tasks:
- To sponsor with its prestige the mobilization
of sources of lawful financial assistance for the Fund;
- To advise the Fund's director on elaboration
of the orientations and annual, medium- and long-term plans for operations of
the Fund.
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- The Sponsoring Council works according to the
principle of voting by majority, meets once a year to contribute opinions to
the annual, medium-term and long-term orientations, plans and measures for
operation of the Fund.
- The Sponsoring Council's members work
according to the regime of voluntariness, without enjoying wages and allowances
from the Fund's budget source.
- Where a member of the Sponsoring Council has
no conditions to continue his/her activities, the Foreign Minister shall decide
on the substitute at the proposal of the director of the Community Support
Fund.
Chapter III
TASKS AND POWERS OF THE
COMMUNITY SUPPORT FUND
Article 6.- Tasks and
powers of the Community Support Fund
1. Tasks:
a/ To elaborate annual and five-year orientations
for the Fund's operation, and submit them to the Foreign Minister for approval;
b/ To elaborate annual budget plans of the
Community Support Fund according to the provisions of the State Budget Law,
including plans for reception of funding from the State budget and financial
assistance sources; plans on funding estimates for projects with funding
sources from the State budget, funding estimates for projects using other
financial support funding; and plans on managerial funding estimates, and submit
them to the Foreign Minister for approval after getting the consents of the
Finance Ministry.
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d/ To perform the financial management according
to the provisions of law.
e/ To manage projects according to current
regulations of the State and the provisions of this Regulation.
f/ To promptly report to the Foreign Ministry
for decision matters falling beyond its competence.
2. Powers:
a/ To manage funding, assets and lawful
resources for the performance of its assigned tasks.
b/ To appraise and submit for approval projects
in accordance with Vietnamese laws and the Fund's guiding principles and
objectives.
c/ To conduct surveys, elaborate and deploy
projects according to regulations.
d/ To set up ties with domestic and foreign
organizations and individuals to mobilize for the building of the Fund and the
implementation of plans of the Fund.
e/ To exercise powers and perform obligations as
provided for by law.
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a/ To organize and administer the operation of
the Community Support Fund according the provisions of law and the provisions
of this Regulation.
b/ To act as the Fund's representative at law
and holder of the Fund's accounts;
c/ To administer financial activities of the
Fund according to the plans approved by the Foreign Ministry.
d/ To represent the Community Support Fund in
international relations related to the Fund's activities.
e/ To authorize the heads of Vietnamese
diplomatic missions overseas to carry out some activities of the Fund in
foreign countries after it is so permitted by the Foreign Ministry.
f/ To periodically report on the Fund's
activities according to current regulations.
Article 8.-
Authorization of a number of the Fund's activities overseas
The heads of the representation agencies of the
Socialist Republic of Vietnam in foreign countries are persons authorized by
the director of the Community Support Fund to carry out a number of the Fund's
activities in the host countries. The authorized persons shall carry out
activities of the Fund strictly according to the contents of the written
authorization and the provisions of this Regulation; in compliance with the
laws of Vietnam, the laws of the host countries and international laws.
Chapter IV
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Article 9.- A number of
terms and phrases in this Regulation shall be construed as follows:
- Project means a written program, plan on
activities compatible with the guiding principles and objectives of the
Community Support Fund, which is implemented in an organized manner with a view
to achieving a number of specific objectives within a set time frame and
determined resources.
- Project owners mean Vietnamese agencies,
organizations or individuals and overseas Vietnamese organizations or
individuals, that have projects compatible with the objectives, objects and
guiding principles of the Fund. For the funding originating from the State
budget, the project owners must be Vietnamese legal persons as provided for by
law.
- Donors mean domestic and foreign organizations
or individuals that provide lawful financial assistance to the Community
Support Fund.
- Reciprocal funding means the reciprocal
funding amounts committed by the Fund upon the reception of financial
assistance of the donors.
- Total cost estimates of projects mean the total
necessary fundings of projects, which are elaborated according to the
provisions of this Regulation and the norms and unit prices of the State.
- Completed projects means projects which have
attained the set objectives and used the maximum funding equal to the approved
total cost estimates.
- Settled projects mean the total reasonable
expenses of the completed projects are approved by competent authorities.
Article 10.- Languages
and currencies used in projects
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- Currency: Vietnam dong, possibly UDS and local
currency, which, however, in accounting and statistics, must be converted into
VND.
Article 11.- Project
classification
1. Being classified according to capital sources,
the projects shall include the following types:
- Projects fully using State budget capital are
the projects, which use capital sources from the State budget or capital
sources of State budget origin.
- Projects fully using mobilized capital are the
projects whose capital sources are the entire lawfully-mobilized capital of the
Fund or the projects of domestic and foreign organizations and/or individuals,
that provide financial assistance according to the set objectives,
- Projects using mixed capital are projects,
which use capital from the State budget and mobilized capital sources of the
Fund.
2. Being classified according to the managerial
nature, the projects shall include the following types:
- Projects lying within the annual funding
estimate plans already approved by competent authorities.
- Projects lying outside the annual funding
estimate plans.
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- Projects using the State budget funding:
+ For projects with the total cost estimates of
over VND 200 million: The Community Support Fund shall appraise and include
them into the annual funding estimate plans, enclosed with the project dossiers
and the appraisal reports to be submitted to the Foreign Minister for approval
of the projects.
+ For projects with the total cost estimates of
up to VND 200 million: The Community Support Fund shall appraise and include
them into the annual funding estimate plans, the president of the Committee for
Overseas Vietnamese shall approve the projects.
- Projects fully using the donated funding shall
be appraised and included into the annual funding estimate plans by the
Community Support Fund and the Fund's director shall issue decisions approving
the projects.
- Projects arising beyond the approved plans or
outside the approved annual project lists: Based on the reserve balance, the
Community Support Fund shall organize the appraisal and make general sum-ups
and submit them to the Foreign Ministry for decision.
Article 13.- Provisions
on project contents
The major contents of a project shall include:
1. The necessity of the project;
2. The bases of the project;
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4. The introduction of the project owner;
5. The total cost estimate of the project;
quantification of the monetary, property and material elements of the donation
project and the legality, legitimacy and feasibility of the sources of capital,
assets of the project;
6. Analysis of the principles and mode of
providing financial assistance;
7. The plan for implementation of the project;
8. Proposals on form of capital disbursement;
9. Management, supervision, conclusion and
proposal.
Article 14.- Project
management
14.1. The stage of project elaboration and
submission for approval:
- The project owners shall have to elaborate the
project dossiers and send them to the Community Support Fund.
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+ The project: 3 copies.
+ Dossiers and vouchers proving the feasibility
of the capital sources for project implementation (for donated capital).
+ The written request for approval of the
project.
- The Community Support Fund shall have to
receive and guide the finalization of, the dossiers, and conduct the appraisal
thereof. Within 30 working days at most after the receipt of the complete and
valid dossiers as provided for, the Fund's director shall notify the project
owner of the project status. If the project is feasible, it shall be included
into the annual list of projects and submitted to the competent authorities for
approval.
- The funding for the elaboration and submission
for approval of projects shall be calculated into the total cost estimates of
the donation projects.
- Where projects are not approved, the funding
for project elaboration shall be born by the project owners.
14.2. The stage of funding allocation and
capital disbursement:
- The project owners shall forward to the
Community Support Fund a set of approved project dossiers.
- The capital withdrawal dossier shall comprise:
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+ The report on the use of funding withdrawn
previously;
+ The payment request.
- The project dossiers already approved by
competent authorities shall serve as legal basis for the director of the
Community Support Fund to disburse capital for the projects.
- The order of capital disbursement shall be as
follows:
+ The verification section of the Community
Support Fund shall examine the payment dossiers forwarded by the project owners
and submit to the Fund's director for decision the payment funding level
strictly according to the project implementation tempo.
+ Capital payment can be effected via bank
account transfer or in cash as provided for by the State Bank. The payment
money, after subtracting the advance (if any), shall be transferred directly to
the project owners or the goods or service providers at the request of the
project owners.
+ The Fund's director shall decide on practical
examination if deeming it necessary; the examination shall be conducted after
the capital withdrawal.
If it is detected in the course of examination
that the project owners made false reports or used capital for wrong purposes,
or showed signs of violating laws or violating this Regulation, he/she must
decide to suspend the capital allocation and report such to the Foreign
Ministry for handling.
+ Capital advance: At the initial stage of
project implementation, the project owners are allowed to advance a maximum 20%
of the total estimate.
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14.3. The stage of project completion, project
test and acceptance and project settlement.
- Upon the project completion, the project
owners shall report such to the Fund for organization of project test and
acceptance.
- Upon the project test and acceptance, the
project owners must make the final settlement reports within 3 months.
- The final settlement report must be made according
to set form and enclosed with lawful and valid vouchers and invoices.
- The Fund's director shall approve the final
settlement of completed donation projects.
- The total settlement funding of the projects
must not exceed their total cost estimates already approved by competent
authorities.
- If the settlement funding is larger than the
already paid funding, the payment shall be further made.
- If the settlement funding is smaller than the
already withdrawn funding, the project owners shall have to fully remit the
differences into the Community Support Fund within 10 days.
- The final settlement reports must separate the
State budget capital sources from other capital sources.
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Where a project is elaborated by the Fund, the
Fund's director shall decide to set up the Project Management Board, appoint
the Fund's deputy-director to be the head of the Board. The members of the
Project Management Board shall include representatives of the Community Support
Fund, the specialized management agency and a Vietnamese representative in the
host country (if the project is implemented overseas). The Project Management
Board shall have the same powers, responsibilities and obligations as the
project owner.
The Project Management Board is entitled to use
the seal of the Community Support Fund in its activities. The Board shall
automatically dissolve when the decision approving the project settlement is
issued.
Chapter V
FINANCIAL MANAGEMENT OF
THE COMMUNITY SUPPORT FUND
Article 16.- Sources of
revenues of the Community Support Fund
1. The State budget source:
- The State funding of VND 7 billion initially
allocated upon its establishment.
- The State funding additionally allocated every
year, based on the project execution funding estimates approved by competent
authorities, the State budget capability and the sources of mobilized capital
of the Fund.
- Donation mobilization sources: From
contributions in cash and/or in kind of domestic and foreign agencies, organizations
and individuals.
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Article 17.- The
expenditure contents of the Community Support Fund
a/ Expenditure on capital disbursement for
approved projects:
1. Preservation and development of the identity
of the nation's traditional culture, maintenance and development of Vietnamese
language within the community;
2. Organization of back-to-the-root cultural
exchanges: Summer camping for youth and youngsters, sport competitions,
exhibitions, art performances;
3. Support of information and cultural
activities in service of the community;
4. Support of the mobilization of overseas
Vietnamese to return to the country for investment, economic and scientific
cooperation;
5. Support of individual experts and
intellectuals being overseas Vietnamese who return to the country for working
or scientific cooperation;
6. Support of activities of associations and
organizations of overseas Vietnamese;
7. Other support suitable to the guiding
principles of the Fund.
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1. Payment of wages, insurance and allowances to
officials and employees of the Fund as provided for by law.
2. Expenditures for communication on the
building of the Community Support Fund.
3. Expenditures for activities of outbound and
inbound delegations in service of the work of mobilization for the building of
the Fund, survey of the project implementation.
4. Expenditures for surveys and elaboration of
the Fund's projects.
5. Payment of rewards to organizations and
individuals who have merits in contributing to the activities of the Community
Support Fund.
6. Expenditures for stationery, administrative
charges...
The funding sources: The Fund is entitled to
deduct a maximum 10% of the approved total annual funding for the operation of
the managerial apparatus of the Fund.
Article 18.- Accounting
and financial work
The Community Support Fund shall perform the
accounting and financial work strictly according to the current law provisions:
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2. Opening books to monitor and make full
statistics on the lists of agencies, organizations and individuals that give
donation and the lists of subjects enjoying the financial supports.
3. Making and submitting in time and fully the
financial reports and quarterly and annual revenue and expenditure settlement
reports of the Community Support Fund to the Foreign Ministry and the Finance
Ministry.
4. The Fund shall have to observe the financial
inspection and audit according to the regulations of the State.
Chapter VI
COMMENDATION,
DISCIPLINE, COMPLAINTS, DENUNCIATIONS
Article 19.-
Commendation/reward and discipline
1. The Community Support Fund shall have golden
books of honor, commemorative badges and propose the competent agencies to
commend and/or reward domestic and foreign organizations, collectives and
individuals for their outstanding achievements in activities of building and
developing the Community Support Fund.
2. All acts of violating the State's regulations
on the operation of the Community Support Fund and the provisions of this
Regulation may, depending on their nature and seriousness, be subject to
administrative handling or penal liability examination.
Article 20.- Complaints
and denunciations
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2. The settlement of complaints and
denunciations related to the Community Support Fund shall comply with the Law
on Complaints and Denunciations.
MINISTER FOR FOREIGN AFFAIRS
Nguyen Dy Nien