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THE PRIME
MINISTER
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 356/QĐ-TTg
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Hanoi, March 10,
2014
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DECISION
ESTABLISHING VIET
NAM BOMB AND MINE ACTION ASSISTANCE FUND
THE PRIME MINISTER
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Prime Minister’s Decision No.
504/QĐ-TTg dated April 21, 2010 on approving the national action program on
post-war bomb damage mitigation;
Pursuant to the Prime Minister’s Decision No.
738/QĐ-TTg dated May 13, 2013 on approving the plan to implement the action
program on post-war bomb damage mitigation by 2015;
At the request of the Minister of Labor, War
Invalids and Social Affairs,
HEREBY DECIDES
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Article 2. Legal status of the Fund
1. The Viet Nam Bomb and Mine Action Assistance
Fund is the non-business unit affiliated to the Ministry of Labor, War Invalids
and Social Affairs.
2. English name: Viet Nam Bomb and Mine Action
Assistance Fund.
3. Short name: Viet Nam BMAF.
4. The main office of the Fund is located at the
head office of the Minister of Labor, War Invalids and Social Affairs.
Article 3. Scope of operation
1. The Fund shall undertake its operations across
the nation; give priority to localities severely contaminated with bombs or
mines.
2. The Fund shall seek the international
cooperation in mitigating the damage caused by post-war bomb and mine remnants
in Vietnam.
Article 4. Principles of operation and
financial management of the Fund
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2. The Fund shall account for receipts and
expenses, publicize its financial and asset status and carry out bookkeeping
tasks in conformity with regulations laid down in the Accounting Law, State
Budget Law and other relevant documents. The fiscal year of the Fund shall
start on January 1 and end on December 31 of every calendar year.
3. The Fund must stick to the principle of
disclosure, transparency, cost-efficiency, effectiveness, proper use and
compliance with legal regulations.
Article 5. Receipts of the Fund
1. Voluntary contributions offered by domestic and
foreign organizations or individuals.
2. ODA fund, or foreign non-governmental aids (if
any).
3. Grants used for a specific purpose or sent to a
specific recipient to accomplish the objective with the authorization of
domestic and foreign organizations or individuals.
4. Deposit interests.
5. Other legal receipts (if any).
Article 6. Expenses of the Fund
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2. Assistance with detection and clearance of
post-war bomb, mine and explosive remnants in Vietnam.
3. Learning assistance offered to child victims of
post-war bomb, mine and explosive remnants in Vietnam.
4. Vocational learning and employment generation
assistance offered to victims of post-war bomb, mine and explosive remnants in
Vietnam.
5. Assistance in providing orthopedic operations,
functional rehabilitation, orthopedic equipment and support equipment for
victims of post-war bomb, mine and explosive remnants in Vietnam.
6. Emergency assistance to provide emergency
treatment, cure and support for victims as members of poor families or families
leading an extremely difficult life who are suffered from accidents caused by
post-war bomb, mine and explosive remnants in Vietnam.
7. Assistance to provide relocation accommodations
for and to help residents living in bomb-contaminated areas located in the
provinces severely polluted by bombs or mines cope well with the community life
and to guarantee them the social security.
8. Expenses which are paid for a specific purpose
under the assistance or contribution contract signed by organizations,
individuals, and conform to the Fund’s operating principles.
9. Communication or dissemination activities which
serve the purpose of calling for foreign and domestic contributions to the
Fund.
10. Leasing or borrowing expenses, particular
expenses or other related expenses.
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The organization structure of the Fund shall
include Fund Sponsorship Council and Fund Steering Committee.
1. The Fund Sponsorship Council shall be tasked
with directing communication and dissemination activities which help to call
for voluntary material and financial contributions from foreign and domestic
organizations or individuals in order to implement the national action program
on post-war bomb and mine damage mitigation (the Program 504), and directing
management and use of the Fund to ensure that the Fund shall be used in an
efficient manner and in compliance with legal regulations.
The Fund Sponsorship Council shall be composed of:
a) The Chairperson of the Fund Sponsorship Council:
the Prime Minister.
b) The Vice Chairperson of the Fund Sponsorship
Council:
- The Standing Vice Chairperson of the Fund
Sponsorship Council: the Minister of National Defense.
- The Standing Vice Chairperson of the Fund
Sponsorship Council: the Minister of Labor, War Invalids and Social Affairs.
c) Commissioners of the Fund Sponsorship Council:
the Deputy Ministers of National Defense, Labor - War Invalids and Social
Affairs, Planning and Investment, Finance, Foreign Affairs, Natural Resources
and Environment, the Vice Chief of the General Staff, the Deputy Director of
the General Department of Politics of the Vietnam People’s Army, the
Chairperson of Vietnam Union of Friendship Organizations and Chairperson of the
Viet Nam Bomb and Mine Action Assistance Association.
2. The Fund Steering Committee:
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b) The Vice Head of the Fund Steering Committee
shall include officials of the Departments, Administrations assigned by the
Ministries of National Defense, Labor – War Invalids and Social Affairs,
Planning and Investment to take up the part-time post at the Committee.
c) Operating expenditure of the Fund Steering
Committee is estimated in the annual budget of the Ministry of Labor, War
Invalids and Social Affairs and shall conform to the policy on financial and
accounting practices in accordance with applicable laws.
Article 8. Implementation
1. The Ministry of Labor, War Invalids and Social
Affairs:
a) Establish the Steering Committee of Viet Nam
bomb and mine action assistance fund.
b) Deal with issues within the jurisdiction of the
Ministry of Labor, War Invalids and Social Affairs.
c) Preside over, collaborate with relevant agencies
in promulgating the Regulation on organization and operation of the Fund.
d) Stipulate functions, tasks, powers,
organizational structure and personnel of the Fund Steering Committee.
dd) Approve the 5-year and annual action plan of
the Fund at the proposal of the Head of the Fund Steering Committee.
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g) Undertake activities to attract voluntary
contributions or aids from domestic and foreign organizations or individuals.
h) Perform other tasks assigned by the Chairperson
of the Fund Sponsorship Council.
i) Inspect and supervise operations of the Fund Steering
Committee to ensure compliance with governmental policies and laws, and
implement decisions granted by the Fund Sponsorship Council, and ensure the
Fund's assistance will be offered to right beneficiaries, serve the right
objectives, and follow solid and consistent process.
k) Decide whether a(n) collective or individual who
has achieved significant contributions to develop the Fund shall be honored or
rewarded.
2. The Ministry of National Defense:
a) Preside over, cooperate with relevant Ministries
or departments in dealing with issues within the jurisdiction of the Ministry
of National Defense.
b) Undertake activities to attract voluntary
contributions and aids from domestic and foreign organizations or individuals.
c) Assign delegates to join the Fund Steering
Committee.
d) Inspect and supervise operations of the Fund
Steering Committee to ensure compliance with governmental policies and laws,
and implement decisions granted by the Fund Sponsorship Council, and ensure the
Fund's assistance will be offered to right beneficiaries, serve the right
objectives, and follow solid and consistent process.
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3. The Ministry of Finance:
a) Preside over, cooperate with the Ministry of
Labor, War Invalids and Social Affairs and relevant agencies in promulgating
the Circular on providing guidance on management and use of the Fund.
b) Inspect and supervise the management and use of
the Fund in compliance with legal regulations.
c) Perform other tasks assigned by the Chairperson
of the Fund Sponsorship Council.
4. The Ministers, Heads of regulatory agencies, the
President of the People’s Committee of centrally-affiliated cities and
provinces, governmental bodies at all administrative levels, enterprises and
press agencies shall be responsible for making communication and dissemination
efforts to call for contributions to the Fund from domestic and foreign
organizations or individuals.
Article 9. Implementary provisions
1. This Decision shall come into force from the
signing date.
2. The Ministers, Heads of ministerial-level
agencies, Heads of Governmental agencies, the President of the People’s
Committee of centrally-affiliated cities and relevant agencies shall be
responsible for implementing this Decision./.
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THE PRIME
MINISTER
Nguyen Tan Dung