Decree 11/2023/ND-CP Operation Regulation of Khanh Hoa Fisheries Development Support Fund

DECREE

Providing the setting up and Operation Regulation of the Khanh Hoa Fisheries Development Support Fund^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the November 21, 2017 Law on Fisheries;

Pursuant to the June 13, 2019 Law on Public Investment;

Pursuant to Resolution No. 55/2022/QH15 of June 16, 2022 on pilot implementation of a number of special mechanisms and policies for development of Khanh Hoa province;

At the proposal of the Minister of Agriculture and Rural Development;

The Government promulgates the Decree providing the setting up and Operation Regulation of the Khanh Hoa Fisheries Development Support Fund.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree provides the setting up and Operation Regulation of the Khanh Hoa Fisheries Development Support Fund (below referred to as Fund).

2. This Decree applies to the People’s Committee of Khanh Hoa province, provincial-level People’s Committees that provide finances to the Fund and agencies, and organizations and individuals engaged in the setting up and operation of the Fund.

Article 2. Name and legal status of the Fund

1. Name: Khanh Hoa Fisheries Development Support Fund.

2. The Khanh Hoa Fisheries Development Support Fund is a national fund set up by the Government and assigned to the People’s Committee of Khanh Hoa province for management in order to mobilize resources for fisheries development, investment in fishing port infrastructure facilities, processing establishments, fishing logistics services, and other essential works serving disaster prevention and control and people’s livelihood in Truong Sa district, which have received no investment or insufficient investment from the state budget.

3. The Fund operates as a not-for-profit public non-business unit attached to the People’s Committee of Khanh Hoa province.

4. The Fund has the legal status and its own seal and is entitled to open a deposit account at the State Treasury for funds from the state budget and a deposit account at the State Treasury or a commercial bank for donations from organizations, businesses or individuals in accordance with law.

Article 3. The Fund’s tasks

1. To receive, manage and use its financial sources according to regulations.

2. To sponsor activities relating to, and projects serving, fisheries development, fisheries development investment and investment in fishing port infrastructure items and works, processing establishments, fishing logistics services, and other essential works serving disaster prevention and control and people’s livelihood in Truong Sa district, which have received no investment or insufficient investment from the state budget.

3. To implement reporting and accounting regimes provided by this Decree and relevant laws.

4. To submit to inspection, examination and auditing by competent state agencies in accordance with law.

5. To publicize its operation regulation and results and report on its performance in accordance with this Decree and relevant laws.

6. Other law-prescribed tasks.

Chapter II

ORGANIZATIONAL STRUCTURE OF THE FUND

Article 4. Organizational structure of the Fund

1. The Fund Management Board.

2. The Fund Administration Agency.

Article 5. The Fund Management Board

1. The Fund Management Board has no more than 5 members, including: President, Vice President and other members.

2. The President of the Fund Management Board is a representative of the leadership of the People’s Committee of Khanh Hoa province.

3. The Vice President and other members are leaders of the Department of Finance, Department of Planning and Investment, Department of Agriculture and Rural Development of Khanh Hoa province and representative of leadership the People’s Committee of Truong Sa district.

4. The appointment, relief from duty and removal from office of members of the Fund Management Board shall be decided by the chairperson of the People’s Committee of Khanh Hoa province.

Article 6. The Fund Administration Agency

1. The Fund Administration Agency is composed of its Director, Vice Director(s), a chief accountant and professional staff.

2. The Director of the Fund Administration Agency shall be appointed and relieved from duty by the chairperson of the People’s Committee of Khanh Hoa province at the proposal of the President of the Fund Management Board.

3. The appointment and relief from duty of the Vice Director(s) and chief accountant of the Fund Administration Agency shall be proposed by the Fund’s Director to the President of the Fund Management Board for consideration and submission to the chairperson of the People’s Committee of Khanh Hoa province.

4. Professional staff of the Fund Administration Agency shall be decided by the Fund’s Director after obtaining approval from the President of the Fund Management Board.

Chapter III

OPERATION REGULATION OF THE FUND

Article 7. Operating principles of the Fund

1. The Fund operates in accordance with current laws, this Decree and its Charter promulgated by the People’s Committee of Khanh Hoa province. The Fund’s finances shall be used for proper purposes in an economical, timely and efficient manner.

2. To regularly mobilize support and donations from domestic and foreign organizations and individuals to add resources for fisheries development, fisheries development investment and investment in fishing port infrastructure facilities, processing establishments, fishing logistics services, and other essential works serving disaster prevention and control and people’s livelihood in Truong Sa district, which have received no investment or insufficient investment from the state budget.

Article 8. Working principles of the Fund Management Board

1. Members of the Fund Management Board shall work on a part-time basis with personal responsibility of the President and members upheld. The Fund Management Board shall perform its assigned tasks and powers according to its competence.

2. The members of the Fund Management Board shall be held responsible before law and the head of the administration agency for the performance of their assigned duties, work results, opinions, and votes regarding adoption of resolutions and decisions of the Fund Management Board.

3. Members of the Fund Management Board may mobilize the staff of the agencies where they work to advise them on the performance of their tasks.

Article 9. Working principles of the Fund Administration Agency

1. Members of the Fund Administration Agency shall work on a part-time basis and perform their assigned tasks and powers according to their competence.

2. The Director of the Fund Administration Agency shall act as its at-law representative and be held responsible before the Fund Management Board and law for the Fund’s professional activities.

3. The Vice Director(s) of the Fund Administration Agency shall perform his/her/their tasks assigned by the Director and be held responsible before the Director and law for the tasks assigned to him/her/them. If the Director of the Fund Administration Agency is absent, he/she shall authorize a Vice Director to perform the tasks of the Director.

4. The Chief Accountant of the Fund Administration Agency has the tasks and powers provided by the Accounting Law.

5. Professional staff of the Fund Administration Agency have the task of advising on, and organizing, the performance of tasks assigned by their Director.

6. The Fund Administration Agency’s tasks and powers must comply with the Fund’s Organization and Operation Charter promulgated by the People’s Committee of Khanh Hoa province.

Article 10. Working regime of the Fund Management Board

1. The Fund Management Board shall work on a collegial basis and make decisions by majority vote. In case of a tie-vote, the vote of the President of the Fund Management Board shall be the tie-breaker vote.

a/ The Fund Management Board shall hold regular meetings to consider and decide on issues falling under its competence and responsibility. The Fund Management Board may hold extraordinary meetings to resolve urgent issues in case of necessity.

b/ Meetings of the Fund Management Board must be attended by at least two-thirds of its members. The agendas and conclusions of the Fund Management Board’s meetings shall be recorded in minutes or resolutions (if necessary) and sent to all members of the Fund Management Board.

2. Tasks and powers of the Fund Management Board must comply with the Fund Charter promulgated by the People’s Committee of Khanh Hoa province.

Chapter IV

FINANCIAL MECHANISM

Article 11. Financial sources of the Fund

1. Support from state budgets of provinces and centrally run cities.

2. Contributions, aid and donations of domestic and foreign organizations and individuals; including voluntary contributions, aid and donations or targeted donations.

3. Interests from the Fund’s deposit accounts (if any).

4. The Fund’s annual balance.

5. Other lawful sources (if any).

Article 12. Expenditures

1. Expenditures for provision of support for activities relating to, and projects serving, fisheries development promotion, investment in fishing port infrastructure items and works, processing establishments, fishing logistics services, and other essential works serving disaster prevention and control and people’s livelihood in Truong Sa district, which have received no investment or insufficient investment from the state budget.

2. Operating expenses, including expenses for payment of law-provided allowances, purchase of stationeries, organization of meetings, and other necessary expenditures decided by the People’s Committee of Khanh Hoa province. Operating expenses of the Fund shall be included in the recurrent expenditures of related agencies and units under the People’s Committee of Khanh Hoa province and come from other lawful sources (if any).

Article 13. Financial, accounting and audit regimes

1. Financial regime:

a/ Annually, the Fund Administration Agency shall formulate and send the Fund’s financial plan, covering operational plan and revenue and expenditure plan, to the Department of Finance and Department of Agriculture and Rural Development for submission to the People’s Committee of Khanh Hoa province for decision;

b/ Annually, the Fund Administration Agency shall make financial statements and final-account reports in accordance with the laws on finance and accounting;

c/ The fund balance at the end of a year shall be carried over to the subsequent year.

2. Accounting, auditing, asset management and financial disclosure regimes

a/ To carry out accounting work in accordance with law.

b/ To manage and use assets in accordance with law;

c/ Financial statements must be audited by independent auditors.

Article 14. Reporting and approval of cost estimates and final accounts

1. Annually, at the time of formulating the budget estimates, the Fund Administration Agency shall make a report assessing the Fund’s revenues and expenditures in the current year and projecting the Fund’s revenues and expenditures in the cost-estimating year using the form prescribed by the People’s Committee of Khanh Hoa province and send it to the Department of Finance for summarization and submission to the People’s Committee of Khanh Hoa province and then to the People’s Council of Khanh Hoa province for consideration in accordance with the Law on the State Budget.

2. Annually, the People’s Committee of Khanh Hoa province shall report to the Ministry of Finance on the implementation of the financial plan of the current year, financial plan of the next year, and the finalization of the Fund’s revenues and expenditures for latter to report to the Government together with the state budget estimates and finalization in accordance with the Law on the State Budget and guiding documents.

3. Funds for performing the tasks specified in Article 10 of this Decree shall be settled as follows:

a/ For tasks for which part or all of the funding comes from the state budget, funds shall be settled in accordance with the laws on construction, public investment and the state budget;

b/ For tasks for which the funding come from sources other than the state budget, funds shall be settled in accordance with the law on investment and construction and at the request of the concerned donors, individual or institutional, in conformity with reality and the Party’s and State’s policies on the development of Truong Sa island district (if any).

4. At the year-end, the Fund Administration Agency shall make a report on final accounts of the Fund’s revenues and expenditures using the form provided by the People’s Committee of Khanh Hoa province and send it to the Department of Finance and Department of Agriculture and Rural Development for submission to the People’s Committee of Khanh Hoa province in the following year’s first quarter. The People’s Committee of Khanh Hoa province shall direct and organize the inspection and approval of the Fund’s final accounts under current regulations.

5. At the year-end, the Fund Administration Agency shall make and send a report on final accounts of the Fund’s revenues and expenditures which comes the state budget to the Khanh Hoa province’s finance agency for the latter to record such revenues and expenditures as state budget revenues and expenditures and included into the final account of Khanh Hoa province’s under current regulations.

Article 15. Inspection and supervision of the Fund’s operation

1. The Fund shall be subject to inspection, examination and audit by state agencies in accordance with law.

2. The People’s Committee of Khanh Hoa province shall direct, inspect and supervise the Fund’s operation in accordance with law.

Chapter V

RESPONSIBILITIES OF RELATED AGENCIES AND ORGANIZATION OF IMPLEMENTATION

Article 16. Responsibilities of related agencies

1. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with the Ministry of Finance, related ministries and sectors, and the People’s Committee of Khanh Hoa province in, inspecting and supervising the implementation of this Decree.

2. The People’s Committee of Khanh Hoa province shall:

a/ Manage the Fund in accordance with this Decree and relevant laws;

b/ Promulgate the Fund’s organization and operation charter and the forms specified in Article 14 of this Decree;

c/ Mobilize support from state budgets of provinces and centrally run cities; and donations from domestic and foreign organizations and individuals for the Fund;

d/ Coordinate with the Ministry of Agriculture and Rural Development, the Ministry of Finance and related  ministries, ministerial-level agencies and government-attached agencies in, inspecting and supervising the Fund’s operation;

dd/ Manage and supervise the Fund’s operation;

e/ Organize regular and unscheduled inspection and examination of the formulation of plans on  revenues and expenditures of the Fund and the management and use of the Fund’s revenue sources in accordance with law;

g/ Direct publicization of information about the Fund in accordance with this Decree and relevant laws;

h/ Obtain the consensus statement of the Ministry of Defense before building fishing port infrastructure facilities, processing establishment, fishing logistics services, and other essential works serving disaster prevention and control and people’s livelihood in Truong Sa district.

3. Provincial-level People’s Committees may use the local budgets to support the Fund.

Article 17. Effect

This Decree takes effect on the date of its signing and is implemented at the same time with the National Assembly’s Resolution No. 55/2022/QH15 on pilot implementation of a number of special mechanisms and policies for development of Khanh Hoa province.

Article 18. Responsibilities for organization of implementation

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related agencies, organizations and individuals shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
LE MINH KHAI