Decision No. 114/2008/QD-BNN Establishing the Vietnam Forest Protection and Development Fund

Pursuant to …;

Establishment of the Vietnam Forest Protection and Development Fund

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THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 05/2008/ND-CP dated January 14, 2008 of the Government on the Forest Protection and Development Fund;

Considering the proposal of the Director of the Department of Organization and Cadres and the Director of the Forestry Department,

DECISION:

Article 1. Establishment of the Vietnam Forest Protection and Development Fund

The Vietnam Forest Protection and Development Fund at the central level (hereinafter referred to as the Fund) shall be established to perform the function of mobilizing, receiving and managing and using financial resources for forest protection and development activities in accordance with Decree No. 05/2008/ND-CP dated January 14, 2008 of the Government.

1. The Fund is a state financial organization, subject to the management of the Ministry of Agriculture and Rural Development.

2. The Fund has legal personality, its own seal, and is entitled to open accounts at the State Treasury and banks in accordance with the provisions of the law.

3. Name of the Fund: Vietnam Forest Protection and Development Fund (Central).

4. International trade name: Viet Nam Forest Protection and Development Fund. Abbreviation is VNFF.

5. The headquarters of the Fund is located at the Ministry of Agriculture and Rural Development. Address: No. 2, Ngoc Ha, Ba Dinh, Hanoi.

1. Tasks

a) Mobilize, receive and manage compulsory contributions; sources of aid, sponsorship, voluntary contributions, and entrusted funds from organizations and individuals both within and outside the country; financial support from the state budget;

b) Organize the appraisal, selection of programs, projects, or non-project activities that the Fund may financially support, to be submitted to competent authorities for approval or decision according to their jurisdiction;

c) Provide financial support for programs, projects, provincial-level Forest Protection and Development Funds, or non-project activities;

d) Direct, guide, inspect, and supervise entities in the management and use of funds supported by the Fund;

đ) Implement legal regulations on statistics, accounting, auditing, and reporting systems to the Ministry of Agriculture and Rural Development;

e) Safeguard and develop the Fund's capital and cover management costs;

g) Guide and exchange experiences in fund management operations;

h) Perform other tasks assigned by the Minister of Agriculture and Rural Development.

2. Authorities

a) Allocate funds for each program, project, or non-project activity according to the annual plan approved;

b) Inspect, evaluate, and accept the results of implementing programs, projects, or non-project activities supported by the Fund;

c) Suspend or recover funds already provided when discovering that organizations, households, individuals, or village communities have violated commitments regarding the use of funds or other relevant laws;

d) Propose to competent state management agencies to issue, supplement, or amend regulations on eligible recipients and activities supported by the Fund.

1. The Management Board of the Fund consists of nine members as follows:

a) The Chairman of the Board is the Deputy Minister of Agriculture and Rural Development responsible for Forestry;

b) The Vice-Chairman of the Board is appointed among the Board members;

c) Members of the Board:

- Director of the Forestry Department;

- Director of the Forest Protection Department;

- Four representatives of the Department level leaders of the Ministry of Agriculture and Rural Development: Planning Department; Finance Department; Science, Technology and Environment Department; International Cooperation Department;

- One representative of the Department level leader of the Ministry of Planning and Investment;

- One representative of the Department level leader of the Ministry of Finance.

The Management Board of the Fund operates under a part-time system; working regime, duties, and powers of the Board members are assigned by the Chairman of the Board according to the Charter on the organization and operation of the Management Board of the Fund approved by the Minister of Agriculture and Rural Development.

The Management Board of the Fund is responsible for all its activities before the Minister of Agriculture and Rural Development and the law.

2. The Supervisory Board of the Fund:

Consists of three or five members operating under a part-time system, decided by the Management Board of the Fund. The Head of the Supervisory Board of the Fund is appointed and relieved of duty by the Minister of Agriculture and Rural Development upon the recommendation of the Chairman of the Management Board of the Fund.

Specific duties and powers of the Supervisory Board of the Fund are defined by the Management Board of the Fund.

3. The Executive Board of the Fund, located at the Forestry Department:

a) Organizational structure includes: Director, one Deputy Director, Chief Accountant, and supporting units.

- Director of the Fund: appointed and relieved of duty by the Minister of Agriculture and Rural Development upon the recommendation of the Management Board of the Fund; operates under a full-time or part-time system.

- Appointments and dismissals of Deputy Directors and Chief Accountants, and establishment or dissolution of supporting units of the Executive Board of the Fund are carried out in accordance with the Charter on the organization and operation of the Fund.

b) Duties and powers of the Executive Board of the Fund are stipulated in the Charter on the organization and operation of the Fund and other relevant laws.

Article 6. This Decision takes effect 15 days after its publication in the Official Gazette.

Article 7. The Head of the Office of the Ministry, the Director of the Department of Organization and Cadres, the Director of the Forestry Department, Members of the Management Board of the Fund, the Executive Board of the Fund, Heads of agencies and units related to the Ministry, and relevant organizations and individuals are responsible for implementing this Decision./.