Quyết định 356/QD-TTg

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

Article 1. Establish the Viet Nam Bomb and Mine Action Assistance Fund (hereinafter referred to as the Fund) which is aimed at attracting voluntary material or financial contributions from domestic or foreign organizations or individuals to mitigate the damage caused by post-war bomb or explosive remnants in Vietnam, and guarantee the safety for the population's living environment as well as assist bomb victims in coping well with the community life.

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

1. The Fund shall become a not-for-profit, independently accounting unit with its accredited legal status and shall be entitled to open its account at the State Treasury and bank to serve its transaction purpose, and implement the effective accounting policy applied to the administrative service provider under which the Fund's balances recorded in the preceding accounting year shall be carried forward to the subsequent accounting year to serve its operating purpose.

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

1. Communication, education which helps the population avoid bomb or mine-related accidents.

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.

Article 7. Organization structure of the Fund

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:

a) The Head of the Fund Steering Committee: the Vice Minister of Labor, War Invalids and Social Affairs who is charged with the part-time post-war bomb and mine damage mitigation task.

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.

e) Approve the expense and receipt plan, and expense and receipt accounting plan.

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.

dd) Perform other tasks assigned by the Chairperson of the Fund Sponsorship Council.

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./.