Quyết định 29/2007/QD-TTg

DECISION

REGARDING THE ESTABLISHMENT AND REGULATION RELATING TO THE ORGANIZATION AND OPERATION OF FUND FOR AQUATIC RESOURCES REPRODUCTION

THE PRIME MINISTER

Pursuant to Law on Government’s Organization dated 25 December 2001
Pursuant to Law on Fisheries dated 26 November 2003;
Pursuant to Law on Environmental Protection dated 29 November 2005;
Pursuant to Decree 27/2005/ND-CP dated 8 March 2005 of the Government relating to the detailed regulations and guidance on implementation of certain provisions of Fisheries Law;
Upon request by Minister of Fisheries,

HAS DECIDED

Article 1. Establishment of Fund for Aquatic Resources Reproduction

To establish Vietnam Fund for Aquatic Resources Reproduction (hereinafter referred to as “Fund”) in order to mobilize and receive financial sources contributing to the rehabilitation and prevention of fisheries resources depletion.

Article 2. Legal status of the Fund

1. The Fund is a State financial organization under MOFI and the State management of the Ministry of Finance with respect to financial matters. It has legal entity, its own stamp, regulated capital, balance sheet and account in the State Treasure and other national banks as regulated by legislation.

2. The transaction name of the Fund shall be Vietnam Fund for Aquatic Resources Reproduction” (or VIFARR for short).

3. The Fund shall have its headquarter in the Hanoi city and its branches or rep. offices in some provinces or cities under State control as decided by the Fund management Council and shall have its rep. office abroad in case of necessity as regulated by legislation.

Article 3. Operation

1. This shall be non-profit Fund aimed at effectively using the capitals mobilized or received in order to rehabilitate or prevent the depletion of fisheries resources.

2. Ministry of Fisheries shall ask for comments of other heads of relevant ministries and sectors for approval of Regulation relating to organization and operation of the Fund to make it fit with this Decision and other applicable legislation.

Article 4. Duties

The Fund shall mobilize the financial sources in-country or abroad as regulated by legislation to support the programmes, projects and other activities aimed at rehabilitating and preventing the depletion of fisheries resources throughout the country in the following approaches:

1. Finance or co-finance the programmes and projects aimed at rehabilitating or preventing the depletion of fisheries resources.

2. Support the organizations/individuals with the loans from other credit organizations for job alternative purposes from inshore to offshore activities; create jobs for those who have to change their daily activities for the establishment of marine protected areas or closed areas; apply the advanced technology to the fishing operations; produce artificially fish seeds for rehabilitation of fisheries resources.

Ministry of Fisheries  shall cooperate with Ministry of Finance to make regulation relating to the financial support or support on the loans to specific types of activities;

3. Fund shall be developed and the overhead costs shall be covered.

4. The trust fund shall be received and managed from the local and external organizations/individuals  for the rehabilitation and prevention of fisheries resources depletion as regulated by legislation.

5. The programmes, projects and other activities shall be appraised and selected for being funded from the Fund as regulated by legislation.

Article 5. Authorities

1. The units using the capitals from the Fund shall be periodically or extraordinarily checked during the implementation of the programmes, projects or activities to rehabilitate and prevent the depletion of fisheries resources.

2. The Fund shall be used to finance or support the loans from other credit organizations as well as to suspend the donation including the support in interests applied to the investors who break the commitments to the Fund or break the regulations/legislation and the investors shall be sued to the competent authorities as regulated by legislation.

3. Experts of relevant ministries, sectors, localities, organizations and individuals shall be invited to take part in the Appraisal Council to assess the operation and duties and investment projects aimed at rehabilitation and prevention of fisheries resources depletion that use the capitals of the Fund, including the donation fund and support on interests of loans.

4. The organizations and individuals’ requests relating to the information provision shall be refused if such requests run contrary to the legislation and Regulation relating to organization and operation of the Fund.

5. The Fund shall establish relations with local and external organizations and individuals in the appealing, attraction, reception of donation or capital mobilization according to the legislation in order to invest in the programmes and projects and other activities aimed at rehabilitation of fisheries resources according to the workplan as assigned.

Article 6. Financial sources of the Fund

The financial sources of the Fund shall include the following:

1. Ministry of Finance shall cooperate with the MOFI to submit to the Prime Minister the decision on the allocation of initial budget from State budget to the Fund;

2. Other sources shall include:

a. Contribution of the organizations/individuals who directly engaged in fishing operation, aquaculture, processing, purchase, import and export of fish and fishery products;

b. Contribution of the organizations/individuals engaged in the occupations that directly affect the fisheries resources;

c. Donation from local and external organizations/individuals;

d. Trust fund from local and external organizations/individuals spent for the rehabilitation and development of fisheries resources;

e. The compensation for the damages of the fisheries resources and for restoring breakdown of the aquatic species habitats as regulated by legislation;

f. Fee for protection of fisheries resources;

g. Other financial sources as regulated by legislation.

Ministry of Finance shall cooperate with MOFI in providing the regulations relating to the implementation of points a, b, e and f of para.2 of this Article.

Article 7. Organization, duties and authorities of Fund management Council

1. The Fund management Council shall include 05 members as appointed or dismissed by the Minister of Fisheries including Vice Minister of Fisheries as Chairman of Fund management Council –  and heads of NADAREP, Department of Finance and Planning, Department of Science and Technology and Department of Aquaculture as members.

Members of the Council shall work on part-time manner.

2. The duties and authorities of the Fund management Council shall be as follows:

a. Prepare and submit to the Minister of Fisheries  the Regulation relating to the organization and operation of the Fund, and issues relating to management and use of the Fund that beyond their competence for approval, amendment and supplementation;

b. Approve the operation direction, financial work-plan and balance sheet of the Fund;

c. Carry out the duties and authorities as provided for by Regulation relating to the organization and operation of the Fund;

d. Monitor and inspect the operation of the Fund in accordance with Regulation relating to the organization and operation of the Fund and decisions made by the Council;

e. Take into consideration the report of the Fund Control Board; deal with complaints according to the point d para. 3 Article 8 of this Decision,  and report to the Minister of Fisheries on the circumstances that go beyond the competence for solution.

Article 8. Fund Control Board

1. Fund Control Board shall include 03 members as appointed or dismissed by the Minister of Fisheries upon request of the Fund management Council.

2. Fund Control Board shall work on part-time manner.

3. Duties and authorities of the Fund Control Board shall be as follows:

a. Control and monitor the compliance with the policies, regimes, mechanism, regulations during the Fund operation in order to improve the effectiveness and secure the State and Fund property safety; report to the Fund management Council on the examination results and propose the solutions;

b. Carry out the work independently according to the programmes and plans approved by the Fund management Council;

c. Present the report and proposals relating to the control results; appraisal report on the financial settlement at the meetings of the Fund management Fund but shall not have right to vote;

d. Consider and present to the competent authorities the complaints of the organizations/individuals relating to the Fund activities.

4. Operational costs of the Fund control Board shall be covered in the Fund operations costs.

Article 9. Fund executive agency

1. Fund executive agency shall include one director, one vice director, chief accountant and supporting units.

Director of the agency shall be appointed and dismissed by the Minister of Fisheries upon request of the Fund management Council. Director of the agency shall work on full-time manner.

The appointment or dismissal of the vice director, chief accountant and dissolution of the supporting units under the Fund executive agency shall be undertaken according to the Regulation relating to the organization and operation of the Fund.

2. Director of Fund executive agency shall have the duties and authorities as regulated in this Decision,  Regulation relating to the organization and operation of the Fund and other applicable regulations and legislation.

3 .The operational cost of the Fund executive agency shall be included in the Fund operational cost.

Article 10. Entry into force

This Decision shall be effective 15 days after being posted on the Official Gazette.

Article 11. Implementation duties

1. Minister of Fisheries shall be responsible for organization and management of the Fund pursuant to the legislation; cooperate with relevant ministries and sectors, cities and province’s People’s Committees under Central control, local and external organizations and individuals to mobilize the financial sources to the Fund.

2. Minister of Finance anf Minister of Planning and Investment shall be responsible for harmonization and allocation of initial budget for the Fund from State budget according to the Decision of the Prime Minister as regulated in para.1 Article 6 of this Decision; ensure the annual budget, and mobilize international donation for the Fund.

3. Ministers, heads of ministerial-level agencies, heads of governmental agencies, chairmen of People’s Committees of provinces and cities under Central control shall be responsible for implementation of this Decision.