Decision No. 29/2007/QĐ-TTg on the establishment and organizational and operational regulations of the Vietnam Fisheries Resource Restoration Fund

 

Pursuant to …;

Regarding the establishment and provisions on organization and operation of

The Vietnam Fund for Aquatic Resources Reproduction

PRIME MINISTER

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

Based on the Fisheries Law dated November 26, 2003;

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to Decree No. 27/2005/NĐ-CP dated March 8, 2005 of the Government detailing and guiding the implementation of certain articles of the Fisheries Law;

Considering the proposal of the Minister of Fisheries,

DECISION:

Article 1. Establishing the Vietnam Fund for Aquatic Resources Reproduction

Establishing the Vietnam Fund for Aquatic Resources Reproduction (hereinafter referred to as the Fund) to perform the function of mobilizing and receiving financial resources for activities aimed at restoring and preventing the depletion of aquatic resources.

Article 2. Legal status of the Fund

1. The Fund is a state financial organization under the Ministry of Fisheries and subject to state management over finance by the Ministry of Finance; it has legal personality, its own seal, registered capital, separate balance sheet, and bank accounts opened at the State Treasury and domestic banks in accordance with the law.

2. The trading name of the Fund in English is "Vietnam Fund for Aquatic Resources Reproduction", abbreviated as VIFARR.

3. The Fund's main office is located in Hanoi; it may have branches or representative offices in some provinces and centrally-administered cities decided by the Fund Management Board, and a foreign trading office when necessary in accordance with the law.

Article 3. Activities of the Fund

1. The Fund operates without profit-making objectives, using effectively the mobilized and received funds to restore and prevent the depletion of aquatic resources.

2. The Minister of Fisheries shall take the lead in drafting and soliciting opinions from heads of relevant ministries, sectors, and agencies to approve the Charter governing the organization and operation of the Fund in compliance with this Decision and other relevant laws.

Article 4. Tasks of the Fund

The Fund is tasked with mobilizing financial resources both domestically and internationally in accordance with the law to support programs, projects, and other activities aimed at restoring and preventing the depletion of aquatic resources nationwide through the following forms:

1. Providing or co-funding programs, projects, and activities aimed at restoring and preventing the depletion of aquatic resources;

2. Supporting organizations and individuals with interest rates on loans from other credit institutions to transition the structure of fishing occupations from coastal areas to offshore areas; creating employment for those who must move their fishing activities out of marine conservation zones, inland aquatic resource conservation areas, and prohibited fishing zones; applying new technologies in selective fishing; producing artificial aquatic species to restore and recover aquatic resources.

The Ministry of Fisheries shall coordinate with the Ministry of Finance to stipulate the level of funding or interest rate support for specific fields of activity;

3. Safeguarding and developing the Fund's capital and covering management costs;

4. Receiving and managing entrusted capital from organizations and individuals both domestically and internationally for activities aimed at restoring and preventing the depletion of aquatic resources in accordance with the law;

5. Reviewing and selecting programs, projects, or activities supported by the Fund's capital in accordance with the law.

Article 5. Powers of the Fund

1. Periodically and unexpectedly inspect units using the Fund's capital in implementing programs, projects, and activities aimed at restoring and preventing the depletion of aquatic resources.

2. Provide financial support, interest rate subsidies for loans from other credit sources, suspend financial support including interest rate subsidies for loan borrowers who violate commitments with the Fund or violate legal regulations, and initiate legal proceedings against such borrowers according to the provisions of the law.

3. Invite experts from ministries, sectors, localities, organizations, and individuals related to participate in the Evaluation Council for activities, tasks, and investment projects aimed at restoring and recovering aquatic resources using the Fund's capital, including financial support and interest rate subsidies for loans.

4. Refuse all requests from any organization or individual regarding the provision of information and other resources of the Fund if such requests contravene the law and the Charter on the organization and operation of the Fund.

5. Engage with domestic and foreign organizations and individuals in soliciting, attracting, receiving assistance, or raising funds according to the law to invest in projects, activities, and tasks aimed at restoring aquatic resources according to the assigned operational plan of the Fund.

Article 6. Sources of the Fund’s Operating Expenses

Funding The Fund’s operating expenses are formed from the following sources:

1. The Ministry of Finance, in collaboration with the Ministry of Fisheries, shall lead and coordinate to submit to the Prime Minister for a decision to allocate initial capital from the state budget to the Fund.

2. Other financial sources include:

a) Contributions from organizations and individuals directly exploiting, breeding, processing, buying, selling, exporting, and importing aquatic products;

b) Contributions from organizations and individuals operating in industries and professions directly affecting aquatic resource benefits;

c) Sponsorship from domestic and foreign organizations and individuals;

d) Entrusted capital from domestic and foreign organizations and individuals for activities aimed at restoring and developing aquatic resources;

đ) Compensation payments for losses of aquatic resource benefits and remediation of environmental damage caused by aquatic species according to legal regulations;

e) Fees for protecting aquatic resource benefits;

g) Other financial sources as prescribed by law.

The Ministry of Finance, in collaboration with the Ministry of Fisheries, shall provide detailed guidance on the implementation of points a, b, đ, and e of Clause 2 of this Article.

Article 7. Organization and Tasks, Powers of the Management Board of the Fund

1. The Management Board of the Fund consists of five members appointed and relieved of duty by the Minister of Fisheries, including: the Chairman of the Management Board is a Deputy Minister of Fisheries, and the other members are leaders of the following units under the Ministry of Fisheries: the Directorate of Exploitation and Protection of Aquatic Resources, the Department of Planning and Finance, the Department of Science and Technology, and the Department of Aquaculture.

Members of the Management Board of the Fund operate on a part-time basis.

2. The Management Board of the Fund has the following tasks and powers:

a) Drafting, submitting to the Minister of Fisheries for approval, amendment, and supplementation of the Charter on the organization and operation of the Fund and issues concerning management and use of the Fund exceeding their authority;

b) Approving the direction of operations, financial plans, and final accounts reports of the Fund;

c) Implementing tasks and powers as stipulated in the Charter on the organization and operation of the Fund;

d) Supervising and inspecting the activities of the Fund according to the Charter on the organization and operation of the Fund and decisions of the Management Board;

đ) Reviewing reports from the Audit Board; resolving complaints according to point d of Clause 3 of Article 8 of this Decision, reporting to the Minister of Fisheries for review and resolution when exceeding authority;

Article 8. Audit Board of the Fund

1. The Audit Board of the Fund comprises three members appointed and relieved of duty by the Minister of Fisheries upon recommendation of the Management Board.

2. The Audit Board of the Fund operates on a part-time basis.

3. Tasks and powers of the Audit Board of the Fund:

a) Monitoring and supervising compliance with policies, systems, rules, and practices in the Fund's operations to enhance efficiency and ensure the safety of state and Fund assets; reporting to the Management Board on inspection results and recommending measures;

b) Conducting work independently according to programs and plans approved by the Management Board;

c) Presenting audit reports and recommendations on inspection results; presenting financial settlement reviews at Management Board meetings but without voting rights;

d) Examining and submitting to competent authorities for resolution complaints from organizations and individuals related to the Fund's operations.

4. Operating expenses of the Audit Board of the Fund are included in the Fund's operating costs.

Article 9. Administrative Body of the Fund

1. The Administrative Body of the Fund includes a director, a deputy director, a chief accountant, and supporting departments.

The Director of the Administrative Body of the Fund is appointed and relieved of duty by the Minister of Fisheries upon recommendation of the Management Board. The Director of the Administrative Body of the Fund operates on a full-time basis.

Appointments and dismissals of deputy directors, chief accountants, and establishment and dissolution of supporting departments of the Administrative Body of the Fund are carried out according to the Charter on the organization and operation of the Fund.

2. The Director of the Administrative Body of the Fund has tasks and powers as stipulated in this Decision, the Charter on the organization and operation of the Fund, and relevant laws.

3. Operating expenses of the Administrative Body of the Fund are included in the Fund's operating costs.

Article 10. Effectiveness

This Decision takes effect fifteen days after its publication in the Official Gazette.

Article 11. Responsibility for Implementation

1. The Minister of Fisheries is responsible for organizing and managing the Fund according to the law; coordinating with ministries, sectors, provincial people's committees, domestic and foreign organizations and individuals to raise funds for the Fund.

2. The Minister of Finance and the Minister of Planning and Investment are responsible for balancing and allocating initial capital from the state budget to the Fund according to the Prime Minister's decision specified in Clause 1 of Article 6 of this Decision; ensuring annual funding while mobilizing international financial assistance for the restoration of aquatic resources and the Fund.

3. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the Central Government are responsible for enforcing this Decision./.