Decision No. 07/2005/QD-BBCVT On the issuance of the Charter on the organization and operation of the Vietnam Universal Service Fund

Pursuant to …;

Regarding the issuance of the Charter on the organization and operation of

the Vietnam Public-utility Telecommunication Service Fundviễn thông công ích Việt Nam

 ___________________

THE MINISTER OF POSTS AND TELECOMMUNICATIONS

On the basis of Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications;

Pursuant to Decision No. 191/2004/QĐ-TTg dated November 8, 2004 of the Prime Minister on the establishment, organization, and operation of the Vietnam Public-utility Telecommunication Service Fund;

At the proposal of the Director of the Organization and Cadres Department and the Management Board of the Vietnam Public-utility Telecommunication Service Fund,

DECISION:

Article 1. Issuing along with this Decision is the "Charter on the organization and operation of the Vietnam Public-utility Telecommunication Service Fund".

Article 2. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3. The Head of the Office; Heads of Departments: Organization and Cadres, Planning-Finance, Telecommunications; Heads of agencies and units under the Ministry; Members of the Management Board, Director of the Vietnam Public-utility Telecommunication Service Fund; Members of the Board of Directors, General Directors, Directors of telecommunications and Internet enterprises; Heads of related agencies and units are responsible for implementing this Decision./.

CHARTER

ORGANIZATION AND ACTIVITIES

OF THE VIETNAM PUBLIC-UTILITY TELECOMMUNICATION SERVICE FUND

(Issued together with Decision No. 07/2005/QĐ-BBCVT,

dated April 25, 2005 of the Minister of Posts and Telecommunications)

 

PART I

GENERAL PROVISIONS

Article 1The Vietnam Public-utility Telecommunication Service Fund is a state financial organization under the Ministry of Posts and Telecommunications, established, organized, and operated according to Decision No. 191/2004/QĐ-TTg dated November 8, 2004 of the Prime Minister to support the implementation of state policies on providing public utility telecommunication services throughout the country.

The Vietnam Public-utility Telecommunication Service Fund (hereinafter referred to as the Fund) has the English name: Vietnam Public-utility Telecommunication Service Fund, abbreviated as: VTF.

Article 2. Legal status.

1. The Fund is a state financial organization directly under the Ministry of Posts and Telecommunications.

2. The Fund has legal personality and a seal for transactions.

3. The Fund has its own charter capital and balance sheet, and can open accounts at the State Treasury and domestic banks.

4. The main office of the Fund is located in Hanoi City and branches in some regions within the country.

Article 3Principles of operation.

1. Implementing the provisions of Decision No. 191/2004/QĐ-TTg dated November 8, 2004 of the Prime Minister on the establishment, organization, and operation of the Vietnam Public-utility Telecommunication Service Fund and relevant laws.

2. Operating without profit-making objectives.

3. Organizing and operating in accordance with the provisions of this Charter.

4. Implementing the program of providing public utility telecommunication services as decided by the Prime Minister; supporting the development and provision of public utility telecommunication services as stipulated by the Ministry of Posts and Telecommunications; managing finances in accordance with regulations of the Ministry of Finance; implementing preferential lending mechanisms as stipulated by the State Bank of Vietnam.

PART II

SOURCES OF CAPITAL AND OPERATIONS

Article 4: Sources of capital.

The operational capital of the Fund is formed from the following sources:

1. The initial charter capital of the Fund when it was established is 500 billion VND (five hundred billion VND), formed and includes the following sources:

1.1. The state budget allocates 200 billion VND (two hundred billion VND) over two years from the time the Fund begins operations.

1.2. Supplementing 300 billion VND (three hundred billion VND) from annual contributions of telecommunications enterprises as stipulated in Clause 2, Article 6 of Decision No. 191/2004/QĐ-TTg of the Prime Minister over three years from the time the Fund begins operations.

2. Other sources of capital:

2.1. Annual contributions of telecommunications enterprises as stipulated.

2.2. Other sources of capital to implement programs and projects on providing public utility telecommunication services assigned by the state.

2.3. Voluntary donations, grants, and contributions from organizations and individuals both domestically and internationally to support the development and provision of public utility telecommunication services in Vietnam.

2.4. Other lawful sources of capital.

Article 5. Operations of the Fund.

1. The scope and subjects eligible for public utility telecommunication services supported by the Fund are defined in Article 5 of Decision No. 191/2004/QĐ-TTg dated November 8, 2004 of the Prime Minister and regulations of the Ministry of Posts and Telecommunications.

2. Supporting eligible subjects for public utility telecommunication services through telecommunication service providers by the following methods:

2.1. Supporting costs for developing public utility telecommunication services.

2.2. Supporting costs for maintaining the provision of public utility telecommunication services.

2.3. Providing preferential loans to telecommunications and Internet enterprises that invest in building new, upgrading, and expanding telecommunication infrastructure, Internet facilities, and other physical assets serving the provision of public utility telecommunication services.

3. Temporarily using idle funds not originating from the state budget to purchase government bonds in accordance with the law; the purchase of government bonds must be proposed in a project submitted to the Minister of Posts and Telecommunications and implemented after approval.

CHAPTER III

TASKS, RIGHTS, AND OBLIGATIONS

Article 6Tasks.

1. Receiving and mobilizing the Fund's financial resources in accordance with Article 4 of this Charter.

2. Participating in the development of programs, projects, and plans for providing public utility telecommunication services for each period and annually as stipulated by the Ministry of Posts and Telecommunications. 3. Developing an annual plan for supporting the provision of public utility telecommunication services, submitting it to the Minister of Posts and Telecommunications, and organizing its implementation after approval.

4. Selecting and evaluating projects for providing public utility telecommunication services funded by the Fund in accordance with national regulations.

5. Monitoring, summarizing, and reporting on the implementation of programs, plans, and projects for providing public utility telecommunication services funded by the Fund; the financial situation of the Fund in accordance with the regulations of the Minister of Posts and Telecommunications and competent state agencies. 6. Proposing adjustments and supplements to programs, plans, and projects for providing public utility telecommunication services in line with the functions and tasks of the Fund and organizing their implementation after approval.

7. Safeguarding the charter capital.

8. Managing the Fund's capital in accordance with the law.

9. Establishing management regulations related to the Fund's activities upon the delegation of the Minister of Posts and Telecommunications.

10. Studying and reviewing mechanisms, policies, and systems related to the Fund's activities to make recommendations to competent state agencies.

9. Develop management regulations related to the Fund's activities upon delegation by the Minister of Posts and Telecommunications.

10. Study and review mechanisms, policies, and systems related to the Fund's activities to make recommendations to competent state agencies.

11. Implement the State's regulations on financial management, accounting, auditing, statistical reporting, and other relevant provisions concerning the Fund's operations.

12. Manage organizational structure, civil servants, public officials, employees, files, documents, and assets of the Fund in accordance with the law and the分级授权 of the Minister of Posts and Telecommunications.

13. Perform other tasks assigned by the Minister of Posts and Telecommunications.

Article 7. Powers.

1. Propose to competent state agencies to issue, amend, and supplement mechanisms, policies, and systems regarding the provision of public telecommunications services and the operation of the Fund.

2. Regarding Telecommunications and Internet enterprises.

2.1. Notify annual financial contribution plans for the Fund.

2.2. Require enterprises to provide data, documents, and explanations regarding their fulfillment of financial contribution obligations to the Fund.

2.3. Detect violations by telecommunications enterprises in fulfilling their financial contribution obligations to the Fund and in providing public telecommunications services, and propose competent state management agencies to handle such violations. public interest.

3. Inspect and supervise the use of capital funded and loaned by the Fund for implementing programs, plans, and projects related to the provision of public telecommunications services; suspend funding, loans, or recover previously provided funds when discovering that the recipient has violated contracts with the Fund and regulations on the use of Fund capital. public interest; suspend funding, lending, or recover previously provided funds or loans when discovering that the recipient violates the contract with the Fund and the regulations on the use of the Fund’s capital.

4. Directly engage with domestic and foreign organizations and individuals to solicit and accept funding for programs, projects, and tasks related to the provision of public telecommunications services. public interest.

The activities of relations, management, mobilization, acceptance, use, settlement, and final accounts of the aforementioned funding shall be carried out in accordance with current State regulations and those of the Ministry of Posts and Telecommunications.

5. Handle risks or propose competent state agencies to address financial risks in implementing programs and projects related to the provision of public telecommunications services according to the law.

6. Establish advisory boards for specialized issues in the Fund's operations and invite experts, representatives from ministries, sectors, organizations, and related enterprises to participate in these advisory boards. Invitations to foreign experts and organizations must comply with State regulations and those of the Ministry of Posts and Telecommunications.

7. Actively use capital for the Fund's activities in accordance with the law; establish, manage, and use various funds as prescribed by the Ministry of Finance, similar to state-owned enterprises..

8. Decide on investment projects serving and enhancing the efficiency of the Fund's management activities according to the law.

9. Apply labor norms, materials, wage rates, and other costs as prescribed by the law in assessing projects related to the provision of public telecommunications services.

10. Proactively coordinate with provincial People's Committees under the central government to create favorable conditions for the implementation of programs and projects related to the provision of public telecommunications services at local levels.

11. Enjoy salary, bonus, and welfare benefits as prescribed for state-owned enterprises.

12. Select, arrange, utilize, train, and discipline employees according to the regulations of the Ministry of Posts and Telecommunications and the law.

13. Open branches of the Fund in areas as prescribed by the Minister of Posts and Telecommunications.

14. Carry out other rights as prescribed by law.

Article 8Obligations.

1. Ensure the rights and interests of employees and the rights of organizations and associations within the Fund to participate in managing the Fund's activities according to the law.

2. Ensure the honesty and legality of the Fund's financial activities.

3. Publicize the contributions of telecommunications enterprises, the scope, and beneficiaries of public telecommunications services funded by the Fund according to the regulations of the Minister of Posts and Telecommunications.

4. Accept supervision, inspection, and audit by the Ministry of Posts and Telecommunications and related state agencies as prescribed by law.

5. Comply with State regulations on the provision of public services.

6. Fulfill other obligations as prescribed by law.

PART IV

MANAGEMENT AND ADMINISTRATION ORGANIZATION

Article 9Management and Administration Machinery.

The organization of the Fund's management and administration machinery must align with the Fund's objectives and ensure effective operations.

The Fund's management and administration machinery includes: the Management Board, the Supervisory Board, and the Executive Office.

Article 10Management Board.

1. The Fund's Management Board (hereinafter referred to as the Management Board) consists of five members, appointed and relieved of duty by the Minister of Posts and Telecommunications. Members of the Management Board include:

- The Chairman of the Management Board is a leader of the Ministry of Posts and Telecommunications.

- The Vice-Chairman of the Management Board.

- One member is the Director of the Fund.

- One member is a leader of the Telecommunications Department.

- One member is a leader of the Planning-Finance Department.

2. Duties and powers of the Management Board.

2.1. Submit to the Minister of Posts and Telecommunications for approval, supplementation, and amendment of the Fund's Charter; propose and recommend adjustments, supplements, and amendments to management mechanisms regarding the Fund's operations, support development, and provision of public telecommunications services during each period according to the law; report on the final settlement of the Fund.

2.2. Recommend to the Minister of Posts and Telecommunications to submit to the Government and the Prime Minister, and request relevant state management agencies to adjust, supplement, and amend regulations related to the Fund's operations that fall outside the jurisdiction of the Ministry of Posts and Telecommunications.

2.3. Submit to the Minister of Posts and Telecommunications the annual plan for supporting the provision of public telecommunications services; recommend to the Minister of Posts and Telecommunications adjustments, supplements, and amendments to the annual plan for supporting the provision of public telecommunications services. The Ministry of Posts and Telecommunications plans annual activities to support the provision of public telecommunications services; recommend to the Minister The Ministry of Posts and Telecommunications adjust, amend, and supplement the annual plan for supporting the provision of public telecommunications services.

2.4. Submit to the Minister of Posts and Telecommunications for decision-making on organizational structure, staffing; establishment, dissolution, division, merger of departments and branches; appointment, relief of duty, and disciplinary actions for positions within the jurisdiction of the Minister of Posts and Telecommunications based on the proposal of the Fund Director.

2.5. To approve the appointment, dismissal, and disciplinary actions against the Fund's Chief Accountant based on the Director's proposal; to review and provide written comments on the Director's proposals regarding the appointment, dismissal, and disciplinary actions against the heads and deputy heads of departments and branches.

2.6. To accept state-owned capital assigned by the Minister of Finance and the Minister of Posts and Telecommunications in accordance with the provisions of the law.

2.7. To promulgate internal operation regulations of the Fund; working regulations of the Management Board and the Supervisory Board to implement the tasks and powers stipulated in this Charter.

2.8. To approve the activity program of the Supervisory Board; to review reports from the Head of the Supervisory Board on the results of activities and financial settlement audit reports of the Fund.

2.9. To supervise and inspect the management body in implementing the regulations of the Minister of Posts and Telecommunications on the Fund's operations; the Fund's Charter and resolutions and decisions of the Management Board.

2.10. To decide on establishing an advisory council for specialized issues in the Fund's operations based on the Director's proposal.

2.11. To consider and resolve complaints and denunciations of organizations and individuals related to the Fund's operations in accordance with the law.

2.12. To be responsible before the Minister of Posts and Telecommunications and the law for the Management Board's decisions.

3. Working regime of the Management Board.

3.1. The Management Board operates collectively according to its regulations, holding regular meetings every three months to examine and decide on matters within its duties and powers.

3.2. The Management Board holds extraordinary meetings to address urgent issues proposed by the Chairman of the Management Board, the Director, the Head of the Supervisory Board, or by the majority of Management Board members.

3.3. Meetings of the Management Board must have at least three out of five Management Board members present. The Management Board decides matters by majority vote; in case of equal votes, the side with the Chairman's vote prevails. The content and conclusions of Management Board meetings must be recorded in minutes or resolutions and sent to all Management Board members.

3.4. For Fund matters within the Management Board's decision-making authority, if the Management Board cannot convene a meeting, the Chairman decides after obtaining written opinions from all Management Board members.

3.5. The Management Board uses the Fund's seal and administrative machinery to perform its tasks.

3.6. The working tools and operating expenses of the Management Board are included in the Fund's operating costs.

3.7. Full-time members receive salaries and other benefits in accordance with the Management Board's salary regulations, the Minister of Posts and Telecommunications' regulations, and the law.

3.8. Part-time members receive allowances and other benefits as part-time members of State-Owned Enterprise Management Boards.

4. Chairman of the Management Board.

4.1. To be responsible to the Management Board and the Minister of Posts and Telecommunications for performing the tasks and powers prescribed for the Management Board.

4.2. To represent the Management Board in signing Resolutions, decisions, and other documents within the Management Board's responsibilities.

4.3. To organize monitoring and supervision of the implementation of Management Board Resolutions and decisions; has the right to suspend decisions made by the management body that contravene Management Board Resolutions and decisions.

4.4. Other rights delegated by the Management Board and the Minister of Posts and Telecommunications.

5. Deputy Chairman of the Management Board: responsible for certain tasks of the Management Board; authorized by the Chairman of the Management Board to handle certain Management Board tasks in accordance with the Management Board's working regulations.

6. Management Board member performs duties, tasks, and powers as stipulated in the Management Board's working regulations.

Article 111. The Supervisory Board of the Fund (hereinafter referred to as the Supervisory Board) consists of five members, including the Head and other members. Supervisory Board members must not be spouses, parents, children, siblings, or half-siblings of the Fund's Director, Deputy Director, or Chief Accountant; they must not have criminal records related to economic offenses.

Members of the Supervisory Board are appointed, dismissed, and disciplined by the Management Board based on the Minister of Posts and Telecommunications' proposal following the Head of the Supervisory Board's recommendation. The Head and members of the Supervisory Board receive salaries and other benefits in accordance with the Fund's salary regulations, the Minister of Posts and Telecommunications' regulations, and the law.

2. The Supervisory Board is responsible to the Management Board, oversees all Fund activities, and has the following tasks and powers:

2.1. To inspect and monitor compliance with policies, regulations, and directives in the Fund's operations to ensure the Fund fulfills its functions and tasks effectively, enhances operational efficiency, safeguards state assets, Fund assets, and assets supported by the Fund; to report to the Management Board on inspection and monitoring results and recommend measures for handling;

2.2. To conduct work independently according to a program approved by the Management Board;

2.3. To report and make recommendations to the Management Board on supervisory results and financial settlement audit reports of the Fund;

2.4. To review and submit to the Management Board for resolution complaints and denunciations of organizations and individuals related to the Fund's operations in accordance with the law;

2.5. The Head of the Supervisory Board may attend Management Board meetings and participate in discussions but does not have voting rights;

2.6. The Head of the Supervisory Board may report to the Management Board and the Minister of Posts and Telecommunications on unresolved issues between the Supervisory Board and the Fund Director regarding the supervision of the Fund's operations.

2.6. The Chairman of the Supervisory Board reports to the Management Board and the Minister of Posts and Telecommunications any unresolved issues between the Supervisory Board and the Fund Director regarding the supervision of the Fund's operations;

2.7. The Supervisory Board shall use the internal inspection and control system and working tools of the Fund to perform its duties. In cases where necessary, the Supervisory Board may request the Management Board to invite additional staff from units under the Ministry to join the Supervisory Board to oversee the activities of the Fund. The operating expenses of the Supervisory Board shall be included in the management operation costs of the Fund.

Article 12Administrative body.

1. Leadership: Director, Deputy Directors.

The Director is the representative of the Fund in accordance with the law and is responsible before the Management Board, the Minister of Posts and Telecommunications, and the law for the operations of the Fund.

The Deputy Director assists the Director and is responsible before the Director for the assigned tasks.

2. Specialized departments, business units, and regional branches:

2.1. Office.

2.2. Organizational and Cadre Department.

2.3. Planning and Capital Department.

2.4. Finance and Accounting Department.

2.5. Project Management Department.

2.6. Project Evaluation Department.

2.7. Statistics and Information Technology Department.

2.8. Regional Branches.

Functions, tasks, powers, and work relationships between Departments and Branches under the Fund shall be decided by the Director after obtaining approval from the Management Board.

The staffing of specialized departments and branches shall be decided by the Director after receiving approval from the Management Board based on the total staffing of the Fund approved by the Minister of Posts and Telecommunications.

Regional branches have specialized departments and business units.

3. The Director of the Fund has the following responsibilities and powers:

3.1. To organize, manage, and direct the activities of the Fund in accordance with the regulations of the Ministry of Posts and Telecommunications and relevant state management agencies; according to the Charter of the Fund and the regulations of the Management Board;

3.2. To receive state-owned capital assigned by the Ministers of Finance and Posts and Telecommunications in accordance with the law.

3.3. To manage assets and capital and be responsible for preserving the Charter capital of the Fund.

3.4. To report periodically on the implementation of plans and activities of the Fund to the Management Board, relevant Ministries, and sectors in accordance with current regulations.

3.5. To develop and submit to the Management Board the wage regulations for employees of the Fund;

3.6. To issue guiding documents for the Fund's business within their authority;

3.7. To decide on the appointment, dismissal of Heads and Deputy Heads of Departments under the Fund, Directors and Deputy Directors of Branches, and Chief Accountants of Branches after obtaining approval from the Management Board; to decide on the appointment, dismissal of Heads and Deputy Heads of Branch Departments upon the proposal of the Branch Director;

3.8. The Director of the Fund decides on the establishment, dissolution, division, and merger of Branch Departments based on the proposal of the Branch Director;

3.9. To select, hire, deploy, train, promote, and adjust salaries for cadres and staff within the Fund system in accordance with the分级授权的部长的划分。向基金员工支付工资、奖金和其他补贴，根据管理委员会批准的规定；

3.10. To decide to apply necessary measures in emergency situations (natural disasters, enemy attacks, fires, and other cases as prescribed by law) and to bear responsibility for those decisions while immediately reporting them to the Management Board and the Minister of Posts and Telecommunications; 3.11. To represent the Fund in international relations related to the Fund's activities in accordance with the分级授权的部长的划分；

3.12. To implement cooperation with international organizations and foreign individuals related to the Fund's activities in accordance with the law. Dispatching Fund staff to work, study, and survey abroad in accordance with the分级授权的部长的划分的管理规定；

3.12. To propose to the Management Board the establishment of an Advisory Council for professional issues in the Fund's activities;

3.13. To carry out other tasks assigned by the Management Board, the Minister of Posts and Telecommunications, and as stipulated by law;

4. The Chief Accountant of the Fund shall be appointed, dismissed, and disciplined by the Chairman of the Management Board based on the proposal of the Fund Director.

The Chief Accountant of the Fund and the Chief Accountant of Regional Branches shall perform their duties and powers in accordance with the Accounting Law and other relevant laws and regulations and the provisions of this Charter.

The Management Board, the Supervisory Board, the Fund Director, and the heads of related agencies and units shall be responsible for organizing the implementation of this Charter.

CHAPTER V
IMPLEMENTATION

Article 13. Any amendment or supplementation to the Charter on the organization and operation of the Fund shall be proposed by the Management Board to the Minister of Posts and Telecommunications for decision.

Article 14. Amendments and supplements to the Charter of the Fund's organization and operation shall be submitted by the Management Board to the Minister of Posts and Telecommunications for decision./.