Circular No. 148/2012/TT-BQP Issuing the Regulation on the Organization, Operation, Management, and Use of the Fund for Beloved Truong Sa

 CIRCULAR

Issuing the Regulation on organization, operation, management, and use of the Fund for Beloved Truong Sa

Fund for Beloved Truong Sa

______________________

Pursuant to the Law on Legislative Documents of 2008;

Pursuant to Decision No. 557/QD-TTg dated April 19, 2011 of the Prime Minister on the establishment and operation of the "Fund for Beloved Truong Sa";

Pursuant to the authorization of the Prime Minister in Document No. 7186/VPCP-KTTH dated September 13, 2012 of the Government Office;

Considering the proposal of the Director of the Finance Department of the Ministry of National Defense;

The Minister of National Defense issues this Circular on the Regulation on organization, operation, management, and use of the Fund for Beloved Truong Sa,

Article 1. Attached hereto is the Regulation on organization, operation, management, and use of the Fund for Beloved Truong Sa.

Article 2. This Circular takes effect from February 20, 2013.

Article 3. Heads of Ministries, ministerial-level agencies, heads of government agencies, Chairpersons of provincial People's Committees under central cities, the Steering Board of the Fund for Beloved Truong Sa, and related agencies and organizations are responsible for implementing this Circular.

 

 

REGULATIONS

ORGANIZATION, OPERATION, MANAGEMENT,

USE OF THE FUND FOR BELOVED TRUONG SA
(Issued together with Circular No. 148/2012/TT-BQP

dated December 28, 2012 of the Minister of National Defense)

PART I
GENERAL PROVISIONS

Article 1. Scope of Application and Regulatory Scope

This Regulation stipulates the organization, operation, management, and use of the Fund for Beloved Truong Sa (hereinafter referred to as the Fund), which is voluntarily contributed and supported by agencies, organizations, enterprises, associations, and individuals both within and outside the country to improve the material and spiritual life of troops, cadres, civil servants, employees, and people in the Truong Sa archipelago and DKI platforms (hereinafter referred to as the troops and people of Truong Sa district).

Matters not covered in this Regulation shall be implemented in accordance with current laws and regulations.

Article 2. Principles of operation and financial management of the Fund

Article 1. The Fund is established and operates without profit-making purposes in accordance with the law and authorized agencies. The Fund bears full responsibility before the law for its activities.

Article 2. The Fund has legal personality, has its own seal, and is permitted to open an account at the State Treasury to conduct transactions.

Article 3. The Fund implements revenue, expenditure, and settlement in accordance with the Law on Accounting and guiding documents thereof. The fiscal year of the Fund runs from January 1 to December 31 annually.

Article 4. The Fund must disclose information on fundraising, management, and use of the Fund and report financial and asset transparency in accordance with the law.

Article 5. It is prohibited to exploit the activities of the Fund for personal gain or engage in activities contrary to this Regulation and related laws.

Chapter II
ORGANIZATION AND OPERATIONS OF THE FUND

Article 3. Management and operational structure of the Fund

Clause 1. The Fund for Beloved Truong Sa has its permanent office at No. 38 Dien Bien Phu Street, Haiphong City.

Clause 2. The organizational structure for management and operation of the Fund includes: the Steering Board of the Fund, the Standing Working Group, the Specialized Unit, and the Financial and Accounting Department of the Fund.

Article 4. The Steering Board of the Fund

Clause 1. The Steering Board of the Fund was established pursuant to Decision No. 2380/QD-TTg dated December 14, 2011 of the Prime Minister, implementing the provisions of Decision No. 557/QD-TTg dated April 19, 2011 of the Prime Minister on the establishment and operation of the "Fund for Beloved Truong Sa". It closely coordinates with the Ministry of National Defense to implement specific tasks as follows:

Point a) To take the lead and coordinate with agencies and localities in organizing campaigns to build the Fund; propose forms of recognition, commendation, and rewards for collectives and individuals who have made significant contributions to building the Fund;

Point b) To direct the receipt, management, operation, and use of the Fund in accordance with its purpose and effectiveness;

Point c) To report to the Prime Minister on matters exceeding their authority; to perform other tasks assigned by the Prime Minister.

Clause 2. The Chairman of the Steering Board decides on the issuance of the Working Regulations of the Steering Board and the Standing Working Group.

Article 5. The Standing Office

1. The Standing Office shall be established pursuant to the Decision of the Minister of National Defense, with the duty to provide advisory support to the Steering Committee on the following matters:

a) Drafting the content, program, and annual implementation plan of the Steering Committee's tasks; organizing promotional activities, building the Fund, and managing and utilizing the Fund in accordance with regulations;

b) Directing, guiding, monitoring, inspecting, urging the implementation of promotional activities, building, managing, and utilizing the Fund; compiling periodic results of contributions and support for the Fund nationwide; proposing commendations and awards for collectives and individuals who have made significant contributions to building the Fund;

c) Preparing the budget for income and expenditure, and settling accounts for the annual operating expenses of the Steering Committee in accordance with regulations;

d) Managing the seal of the Steering Committee and the Fund account at the State Treasury and bank;

đ) Preparing the agenda for Steering Committee meetings and performing other tasks assigned by the Chairman of the Fund Steering Committee;

2. The Head of the Standing Office shall assign duties, organize the Standing Office to perform these tasks.

Article 6. The Specialized Unit

The Specialized Unit shall be established pursuant to the Decision of the Minister of National Defense, serving as a specialized agency under the Standing Office; its responsibilities include:

1. Organizing reception for organizations and individuals contributing and supporting; implementing receipt and coordinating with units under the Navy Military Region to receive money, assets, materials, and goods from organizations and individuals contributing and supporting the Fund in three regions (North, Central, and South); compiling and reporting on the results of receiving, managing, and utilizing the Fund in accordance with regulations;

2. Organizing, ensuring, and managing the Fund's finances in accordance with regulations;

3. Performing other tasks assigned by the Steering Committee.

Article 7. The Financial Accounting Agency of the Fund

The Financial Accounting Agency of the Fund belongs to the Specialized Unit, responsible for providing advisory support and assisting the Chairman of the Steering Committee in financial accounting work for the Fund, subject to the guidance of the Ministry of National Defense's Financial Agency; its responsibilities include:

1. Directly receiving money, assets, materials, and goods from organizations and individuals supporting and contributing to the Fund;

2. Preparing the budget for income and expenditure of the Fund for submission to the Chairman of the Steering Committee for approval by the Minister of National Defense;

3. Organizing disbursement, payment, settlement, and financial reporting in compliance with legal regulations;

4. Implementing accounting and statistical systems in accordance with regulations;

5. Conducting inspections of income and expenditure of the Fund at units utilizing the Fund;

6. Preparing the budget to ensure the operation of the Fund management and administration system;

7. Publicizing the Fund's financial information.

Article 8. Organization of Propaganda and Mobilization for Contributions and Support to Build the Fund

1. Annually, mobilize agencies, organizations, enterprises, mass organizations, and individuals both domestically and internationally to contribute and support through calls for contributions issued by the Steering Committee, special sections and columns in mass media outlets; integrating propaganda and mobilization efforts with movements and campaigns organized by the Vietnam Fatherland Front, central ministries and localities.

2. Coordinate with ministries, sectors, localities, organizations, and enterprises to organize mobilization for contributions and support to the Fund.

3. Establish a website of the Fund Steering Committee to organize mobilization and publicize contributions and support for the Fund.

4. Organize regular and campaign-based fundraising and receipt activities.

Article 9. Receiving the Fund

1. The work of receiving money and goods from domestic and foreign organizations and individuals participating in contributing to and supporting the construction of the Fund must be carried out seriously, carefully, enthusiastically, and strictly managed; specifically as follows:

a) All contributions and support funds (in cash) from agencies, organizations, enterprises, associations, and individuals both domestically and internationally shall be transferred into the State Treasury account.

Name of unit: Fund for Beloved Spratly Islands

Address: No. 38 Dien Bien Phu Street, Haiphong City

Transaction code with the State Treasury: 9060332

Account number: 3761.9060332 at Haiphong State Treasury

b) The locations for receiving assets, materials, and goods directly contributed and supported by organizations and individuals for the construction of the Fund are in three regions: North, Central, and South. In cases where agencies, organizations, enterprises, associations, and individuals voluntarily contribute and support but cannot directly go to the reception points in these three regions, they can transfer money directly into the Fund's account (in cash) or send through the post office (in kind);

c) Organizations and individuals abroad contributing and supporting the Fund; the reception process will be conducted through Vietnam's diplomatic missions in those countries;

d) The amount of money and goods from agencies, organizations, enterprises, associations, and individuals voluntarily contributing and supporting with specific addresses and targets (as requested by organizations and individuals), the reception department shall register, manage, and report to the Steering Committee to include in the distribution and usage plan according to the specified address.

2. Annually, the Steering Committee reports to the Minister of National Defense and the Prime Minister the list of collective and individual contributors to the Fund; the amount of money and goods received; the amount of money and goods distributed, the effectiveness of their use, and publicly announce on mass media; develop plans for fundraising activities for the following year.

Chapter III
MANAGEMENT AND USE OF THE FUND

Article 10. Content of Revenue

1. Sources of revenue for the Fund include Vietnamese dong and assets (tangible items, foreign currency, securities, property rights, and other types of assets) converted into Vietnamese dong from voluntary contributions and support from agencies, organizations, enterprises, associations, and individuals in various forms such as contracts, donations, and wills of individuals leaving assets, or other forms into the Fund; for assets that are headquarters, equipment, technology, and property rights, they shall be appraised by appraisal organizations established in accordance with the law.

2. Specific content of revenue includes:

a) Revenue from voluntary contributions from businesses of all economic sectors; agencies, organizations, associations, and individuals both domestically and internationally;

b) Revenue from targeted support with specific addresses to achieve goals authorized by the supporting organizations and individuals;

c) Other lawful revenues (if any).

Article 11. Content of Expenses

Expenditure to improve the material and spiritual life and policies for the military and civilians of Spratly District, including:

1. Support for purchasing logistics supplies and ensuring increased production;

2. Support for purchasing and repairing equipment to enhance cultural and spiritual life;

3. Support for investment construction, procurement, and repair of equipment and infrastructure projects;

4. Support for policies and benefits for the military and civilians of Spratly District;

5. Expenditure to implement family rear support policies for the military and civilians of Spratly District;

6. Expenditure for purposes under support and assistance contracts with organizations and individuals;

7. Other related expenditures as prescribed.

Article 12. Provisions on the management and use of the Fund

1. Budget preparation, disbursement, settlement

a) Budget preparation: Annually, based on the Fund's revenue sources; tasks to ensure for Truong Sa district, the Steering Committee prepares the budget for revenue and expenditure, reporting to the Minister of National Defense for approval;

b) Disbursement, settlement: Based on the approved revenue and expenditure budget by the Minister of National Defense; the Fund's financial accounting agency implements disbursement, settlement, and manages expenditure like state budget funds;

c) The Steering Committee reports the settlement of Fund revenue and expenditure; evaluates the results of fundraising, management, and use of the Fund with the Ministry of National Defense and the Prime Minister once every year in April.

2. Financial management system in using the Fund

a) Specific expenditure levels for various contents are stipulated by the Minister of National Defense (except in cases of expenditure according to donor requirements);

b) For investment programs and projects using Fund capital, they must be implemented in accordance with the State’s and the Ministry of National Defense’s management regulations;

c) Investment projects and other expenditure items with purposes supported by organizations and individuals contributing to the Fund shall be carried out in accordance with signed contracts;

d) Accounting and statistical work shall be conducted in accordance with the Accounting Law, Statistics Law, and current guiding documents issued by the State and the Ministry of National Defense.

3. Inspection, audit

a) The Fund's Steering Committee must implement internal inspection, audit systems as prescribed and bear responsibility for the results of such inspections and audits;

Adhere to decisions on inspection, audit made by competent authorities as stipulated by law.

Article 13. Provisions on financial transparency of the Fund

Publicize all revenue and expenditure items using the Fund in accordance with State regulations, the Ministry of National Defense, and this Regulation.

Article 14. Funding to ensure operational expenses

1. Operational funding for the Steering Committee and the Standing Working Group is budgeted and guaranteed from the regular budget of the Ministry of National Defense.

2. Contents of operational funding expenditure:

a) Expenditure for the Steering Committee and the Standing Working Group (travel expenses, meetings, conferences);

b) Purchase and repair of office assets and supplies serving the Fund's operations;

c) Payment for public services (electricity, water, telephone, internet, fuel, environmental sanitation);

d) Organizing promotional activities to encourage support for the Fund;

đ) Receiving and transportation costs (warehouse rental fees, container packing and transportation costs);

e) Commendation and reward expenditures;

g) Other related expenditures as prescribed.

3. Annually, the Steering Committee prepares the operational expenditure budget with the Ministry of National Defense according to established expenditure standards; implements the management, use, and settlement procedures for funding in accordance with current State regulations.

Chapter IV
IMPLEMENTATION

Article 15. Responsibility for Implementation

1. Heads of Ministries and sectors; Chairmen of People's Committees of provinces and cities establish mobilization committees to organize fundraising and support for the Fund.

2. The Fund's Steering Committee leads and coordinates with relevant Ministries, sectors, and localities to implement this Regulation in the organization, operation, management, and use of the Fund.

Article 16. Awards and disciplinary actions

1. Organizations and individuals with outstanding achievements in building the Fund will be recognized and awarded through different forms of honor as prescribed by the State and the Ministry of National Defense.

2. Groups and individuals who abuse or violate the Fund's revenue sources, management, and use regulations will be dealt with according to the nature and severity of their violations as stipulated by State laws and the Ministry of National Defense.

Article 17. Handling appeals and reports

The Standing Working Group is responsible for receiving registration, compiling, and reporting to competent authorities to resolve complaints and denunciations from groups and individuals regarding the management and use of the Fund as prescribed by law. Coordinate with relevant agencies, units, and individuals in verifying and concluding investigations into complaints and denunciations. Notify the results of resolution by competent authorities to the complainants and accusers in accordance with State laws and the Ministry of National Defense.