Decision No. 63/2004/QĐ-BNV deciding to approve the Charter of the Vietnam Clean Water and Environmental Sanitation Fund

CHARTER

VIETNAM SAFE WATER AND ENVIRONMENTAL SANITATION FUND

Chapter 1

PRINCIPLES - OBJECTIVES

Article 1. The Vietnam Safe Water and Environmental Sanitation Fund (hereinafter referred to as the Fund) was established with the aim of mobilizing the legal financial contributions of organizations and individuals both within and outside the country to implement activities supporting development, encouraging, and educating the public to participate in using and protecting safe water and environmental sanitation, and socializing clean water and environmental sanitation activities.

- Full name: Vietnam Safe Water and Environmental Sanitation Fund;

- English name: Vietnam Safe Water and Environmental Sanitation Foundation.

- Abbreviation: VN SAWASAF.

Article 2. The Fund is an organization of the Vietnam Safe Water and Environmental Sanitation Association operating on a voluntary basis, self-financing, not for profit, and bearing full responsibility under the law for its activities. The Fund uses financial resources in accordance with its Charter and other legal regulations.

Article 3. The Fund has its headquarters in Hanoi City and may establish branches and representative offices in certain provinces, cities, and abroad as prescribed by law.

The Fund has legal personality, a seal, and accounts in Vietnamese currency and foreign currencies at banks or State Treasury of Vietnam.

Chapter 2

FUNCTIONS, RESPONSIBILITIES, AND POWERS OF THE FUND

Article 4. The Fund has the following functions, responsibilities, and powers:

1. Building, managing, and organizing the implementation of activities, programs, and sponsored projects according to the mission, principles, and objectives of the Vietnam Safe Water and Environmental Sanitation Association and the Fund's Charter approved by competent state authorities.

2. Receiving money and assets from sponsors; publicly disclosing income and expenditures and the use of the Fund's financial resources.

3. Implementing targeted and specific grants based on the authorization of domestic and international sponsors.

4. Fully complying with legal provisions regarding invoices, accounting vouchers, financial audits and inspections; providing necessary information to competent agencies when required.

5. The Fund is subject to state management over finance by the Ministry of Finance and specialized management by the Ministry of Health.

6. Has the right to engage with organizations and individuals both domestically and internationally to solicit funding for the Fund or for specific programs, projects, and initiatives of the Vietnam Safe Water and Environmental Sanitation Association, and to participate in international organizations as prescribed by law.

7. Has the right to engage with sectors, localities, organizations, and individuals requiring assistance to develop clean water and environmental sanitation programs, projects, and initiatives in accordance with the Fund's and the Vietnam Safe Water and Environmental Sanitation Association's principles and objectives.

8. Performing other rights and obligations as prescribed by law.

Chapter 3

FINANCIAL RESOURCES AND USE OF THE FUND

Article 5. Financial resources (including money and assets) of the Fund are formed from the following sources of revenue:

1. Voluntary donations from individual and organizational members of the Vietnam Safe Water and Environmental Sanitation Association and organizations supported by the Association.

2. Voluntary contributions from the public and lawful support and aid from domestic and international groups, organizations, and individuals.

3. Lawful targeted donations from domestic and international individuals and organizations to carry out the authorization of those organizations and individuals in line with the Fund's and the Vietnam Safe Water and Environmental Sanitation Association's principles and objectives.

4. Other lawful revenues and assets.

5. Interest from deposits.

Article 6. The Fund can be used for the following purposes:

1. Conditional support for clean water and environmental sanitation work, communication, and education on clean water and environmental sanitation according to the Central Association's plan.

2. Funding for organizations and individuals implementing scientific and technological activities related to clean water and environmental sanitation to promote socialization of clean water and environmental sanitation.

3. Funding based on lawful endorsements from domestic and international individuals and organizations to implement specific programs, projects, and initiatives with specific targets.

4. Expenditure for awards.

5. Expenditure for Fund management activities and other activities as prescribed by law.

Article 7. The Fund implements accounting and statistics in accordance with legal provisions.

The Fund maintains books recording the complete list of individuals and organizations contributing to and sponsoring the Fund and the list of recipients of Fund support.

The Fund prepares and submits comprehensive and timely financial reports periodically and annual settlement reports to the competent management authority.

Chapter 4

ORGANIZATION OF THE FUND

Article 8. The organization of the Fund includes:

- Sponsorship and Management Board.

- Director.

- Audit Committee.

- Office and Specialized Committees.

Article 9. The Sponsorship and Management Board of the Fund consists of the Chairman, Vice Chairmen, and Members appointed by the Chairman of the Vietnam Safe Water and Environmental Sanitation Association according to the Resolution of the Association's Standing Committee. The Sponsorship and Management Board meets regularly every six months and has the following duties and powers:

- Reviewing, approving, and issuing directions and plans for the Fund's operations.

- Issuing regulations on the management and use of the Fund's revenues.

- Approving expenditure standards for Fund management work.

- Supervising and inspecting the implementation of the Fund's Charter.

- Approving financial plans and auditing the Fund's settlement reports.

- The Chairman of the Sponsorship and Management Board reviews and proposes the Association's Standing Committee to decide on appointing the Fund Director and the Head of the Audit Committee.

Article 10. The Chairman of the Sponsorship and Management Board represents the Board in directing the implementation of decisions and resolving issues proposed by the Director.

Article 11. The Fund Director is the legal representative of the Fund, appointed by the Chairman of the Vietnam Safe Water and Environmental Sanitation Association according to the Resolution of the Association's Standing Committee. The Fund Director has the following duties and powers:

1. Being responsible for managing and developing the Fund's capital and assets in accordance with the Charter and legal regulations.

2. Organizing and managing the Fund's operations to implement the Sponsorship and Management Board's Resolutions.

3. Signing documents within their authority and being accountable for their decisions.

4. Report semi-annually and annually on the operation of the Fund to the Advisory Board and Management Board of the Fund, the Standing Committee of the Association, and competent state agencies.

5. Be responsible before the Chairman of the Vietnam Clean Water and Environment Sanitation Association, the Advisory Board and Management Board of the Fund, and the law for all outcomes of the Fund's activities.

The Fund shall have a Deputy Director, Chief Accountant, office, and specialized departments. The Deputy Directors, Chief Accountant, and heads of specialized departments of the Fund shall be appointed by the Chairman of the Advisory Board and Management Board upon the recommendation of the Director.

Article 12. The Audit Board of the Fund shall consist of a Head and members appointed by the Chairman of the Vietnam Clean Water and Environment Sanitation Association pursuant to the Standing Committee's Resolution. The Audit Board operates independently and has the following responsibilities:

- Inspect and supervise the activities of the Fund.

- Report and make written recommendations to the Advisory Board and Management Board regarding the results of their inspections and supervision.

Article 13. The office and specialized departments of the Fund shall be established by the Chairman of the Advisory Board and Management Board upon the recommendation of the Director.

Chapter 5

MERGER, DIVISION, SEPARATION, CONSOLIDATION, SUSPENSION OF OPERATIONS, OR DISSOLUTION OF THE FUND

Article 14. When there is a decision on merger, division, separation, consolidation, suspension of operations, or dissolution made by a competent state agency, all funds and assets of the Fund must be inventoried at the time of occurrence and outstanding issues resolved in accordance with the law. In the case of dissolution, the funds and assets of the Fund can only be settled after all debts and liquidation costs have been paid off.

It is strictly prohibited to distribute assets in any form.

Chapter 6

REWARDS AND DISCIPLINE

Article 15. Awards:

1. The Fund shall maintain a Golden Book of Honor and other forms to record the contributions of individuals and organizations, both domestic and foreign, who have contributed money and assets to the Fund or have made significant contributions to its establishment and development.

2. Individuals and organizations that achieve outstanding results in the cause of establishing and developing the Fund shall be awarded by the Fund or recommended for state awards.

The form of award shall be stipulated by the Advisory Board and Management Board of the Fund and the Standing Committee of the Vietnam Clean Water and Environment Sanitation Association.

Article 16. Disciplinary action.

Misuse of the Fund contrary to the purposes and principles of the Vietnam Clean Water and Environment Sanitation Association, and deriving improper benefits from income leading to loss of funds and assets of the Fund may result in administrative disciplinary action, compensation for damages, or prosecution under the law depending on the level of responsibility and severity of the violation.

Chapter 7

IMPLEMENTING PROVISIONS

Article 17. Amendments and supplements to the Charter shall be proposed by the Chairman of the Advisory Board and Management Board, reviewed by the Standing Committee of the Vietnam Clean Water and Environment Sanitation Association, and submitted to the competent authority for approval.

Article 18. This Charter consists of 7 Chapters and 18 Articles and takes effect from the date of the approval decision by the competent state agency./.