Decree No. 07/2005/ND-CP Amending and Supplementing Article 12 and Article 13 of the Regulation on Construction and Management of the "Gratitude Repayment" Fund issued together with Decree No. 91/1998/NĐ-CP dated November 9, 1998 of the Government.

DECREE OF THE GOVERNMENT

Regarding the amendment and supplementation of Article 12 and Article 13 of the Regulation on Construction and Management of the "Gratitude Repayment" Fund issued
pursuant to Decree No. 91/1998/NĐ-CP
dated November 9, 1998 of the Government
dated November 9, 1998 of the Government

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

On the basis of the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Their Families, War Invalids, War Veterans, People Who Participated in the Resistance War, and People Who Contributed to the Revolution dated August 29, 1994;

Pursuant to the Government's Decree No. 177/1999/NĐ-CP dated December 22, 1999 on the issuance of the Regulations on the organization and operation of Social Funds and Charity Funds;

On the basis of the Regulation on the Working Relationship between the Government and the Central Committee of the Vietnam Fatherland Front issued on April 24, 1996;

After consultation with the Standing Board of the Central Committee of the Vietnam Fatherland Front;

At the proposal of the Minister of Labor, Invalids and Social Affairs,

DECREE:

Article 1. Amending and supplementing Article 12 and Article 13 of the Regulation on Construction and Management of the "Gratitude Repayment" Fund issued together with Decree No. 91/1998/NĐ-CP dated November 9, 1998 of the Government.

1. Amend and supplement Article 12 as follows:

''Article 12. Establish the Management Board of the "Gratitude Repayment" Fund at all levels (referred to as the Management Board of the "Gratitude Repayment" Fund).

The Standing Members of the Management Board of the "Gratitude Repayment" Fund at each level shall include the Chairman and Deputy Chairmen.

1. The Central Management Board of the "Gratitude Repayment" Fund shall be established by the Minister of Labor, Invalids and Social Affairs as Chairman, the Vice Minister of Labor, Invalids and Social Affairs as Deputy Chairman in charge of day-to-day operations; and invite one representative from the Standing Board of the Central Committee of the Vietnam Fatherland Front to serve as Deputy Chairman.

The Central Management Board of the "Gratitude Repayment" Fund shall invite representatives from the leadership of the Vietnam Veterans Association, the Vietnam Women's Union, and the General Confederation of Labor to participate as members of the Management Board.

2. The Provincial Management Board of the "Gratitude Repayment" Fund shall be established by the Chairman of the Provincial People's Committee (referred to as provincial level), including the Deputy Chairman of the Provincial People's Committee as Chairman, the Director of the Department of Labor, Invalids and Social Affairs as Deputy Chairman in charge of day-to-day operations, and a representative from the Provincial Vietnam Fatherland Front Committee as Deputy Chairman.

The Provincial Management Board of the "Gratitude Repayment" Fund shall invite representatives from the leadership of the Provincial Vietnam Veterans Association, the Provincial Vietnam Women's Union, and the Provincial General Confederation of Labor to participate as members of the Management Board.

3. The District Management Board of the "Gratitude Repayment" Fund shall be established by the Chairman of the District People's Committee (referred to as district level), including the Deputy Chairman of the District People's Committee as Chairman, the Head of the District Department of Civil Affairs - Labor, Invalids and Social Affairs as Deputy Chairman in charge of day-to-day operations, and a representative from the District Vietnam Fatherland Front Committee as Deputy Chairman.

The District Management Board of the "Gratitude Repayment" Fund shall invite representatives from the leadership of the District Vietnam Veterans Association and the District Vietnam Women's Union to participate as members of the Management Board.

4. The Commune Management Board of the "Gratitude Repayment" Fund shall be established by the Chairman of the Commune People's Committee (referred to as commune level), including the Deputy Chairman of the Commune People's Committee as Chairman, a staff member responsible for Labor, Invalids and Social Affairs as Deputy Chairman in charge of day-to-day operations, and a representative from the Commune Vietnam Fatherland Front Committee as Deputy Chairman.

The Commune Management Board of the "Gratitude Repayment" Fund shall invite representatives from the leadership of the Commune Vietnam Veterans Association and the Commune Vietnam Women's Union to participate as members of the Management Board.

5. The Central, Provincial, and District Management Boards of the "Gratitude Repayment" Fund shall have an assisting unit which is the Office of the "Gratitude Repayment" Fund, established by the Chairman of the Management Board of the "Gratitude Repayment" Fund at the same level. The Commune Management Board of the "Gratitude Repayment" Fund shall have an assisting unit established by the Chairman of the Commune Management Board of the "Gratitude Repayment" Fund.

a) The Central Office of the "Gratitude Repayment" Fund shall be located at the Department of Martyrs and People with Merit, Ministry of Labor, Invalids and Social Affairs, comprising some officials and civil servants who concurrently hold positions and receive salaries according to the staffing of the Department of Martyrs and People with Merit;

b) The Provincial Office of the "Gratitude Repayment" Fund shall be located at the Department of Labor, Invalids and Social Affairs, comprising some officials and civil servants who concurrently hold positions and receive salaries according to the staffing of the Department of Labor, Invalids and Social Affairs;

c) The District Office of the "Gratitude Repayment" Fund shall be located at the District Department of Civil Affairs - Labor, Invalids and Social Affairs, comprising some officials and civil servants who concurrently hold positions and receive salaries according to the staffing of the District Department of Civil Affairs - Labor, Invalids and Social Affairs;

d) The assisting unit of the Commune Management Board of the "Gratitude Repayment" Fund shall be located at the Office of the Commune People's Committee, comprising some officials concurrently holding positions of the Commune People's Committee.

The accountant and cashier of the Commune "Gratitude Repayment" Fund shall be undertaken by the accountant and cashier of the Commune People's Committee.

6. The Offices of the Central, Provincial, and District Management Boards of the "Gratitude Repayment" Fund shall have the responsibility to manage the account and seal of the "Gratitude Repayment" Fund at the same level."

2. Amending and supplementing Clause 3 of Article 13 as follows:

''Article 13.

3. The Central, Provincial, and District "Gratitude Repayment" Funds shall have their own seals; the Commune "Gratitude Repayment" Fund shall use the seal of the Commune People's Committee.

Article 2. Effectiveness

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

2. Article 12, Clause 3 and Article 13 of the Regulation on Construction and Management of the "Gratitude Repayment" Fund issued together with Decree No. 91/1998/NĐ-CP dated November 9, 1998 of the Government shall be abolished from the date this Decree takes effect.

Article 3. Responsibility for Implementation

1. The Minister of Labor, Invalids and Social Affairs shall take the lead, coordinate with the Ministers of Interior, Finance, Public Security, and consult with the Standing Board of the Central Committee of the Vietnam Fatherland Front to guide and supervise the implementation of this Decree.

2. Ministers, heads of agencies equivalent to Ministries, heads of government agencies, and Chairpersons of provincial People's Committees and centrally governed city People's Committees are responsible for enforcing this Decree./.