Decision No. 2985/2007/QD-BNG dated November 29, 2007 of the Ministry of Foreign Affairs promulgating the Regulation on organization and operation of the fund for assisting overseas Vietnamese citizens and legal entities

DECISION

PROMULGATING THE REGULATION ON ORGANIZATION AND OPERATION OF THE FUND FOR ASSISTING OVERSEAS VIETNAMESE CITIZENS AND LEGAL ENTITIES

THE MINISTER OF FOREIGN AFFAIRS

Pursuant to:

- Decree No. 189/HDBT of June 4, 1992, of the Council of Ministers (now the Government), detailing the implementation of the Ordinance on Consular Affairs;

- The Governments Decree No. 183/CP of November 18, 1994, detailing the implementation of the Ordinance on Overseas Representative Missions of the Socialist Republic of Vietnam;
The Governments Decree No. 21/2003/ND-CP of March 10, 2003, defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs; and
The Prime Ministers Decision No. 119/2007/QD-TTg of July 25, 2007, setting up the Fund for Assisting Overseas Vietnamese Citizens and Legal Entities;

At the proposal of the director of the Consular Department and the director of the Department of Administration and Finance,

DECIDES:

Article 1. To promulgate together with this Decision the Regulation on organization and operation of the Fund for Assisting Overseas Vietnamese Citizens and Legal Entities.

Article 2. This Decision takes effect 15 days after its publication in CONG BAO.

Article 3. The director of the Consular Department, the director of the Office of the Ministry of Foreign Affairs, the directors of the Department of Organization and Personnel and the Department of Administration and Finance, and heads of overseas Vietnamese diplomatic missions and consulates shall implement this Decision.

REGULATION

ON ORGANIZATION AND OPERATION OF THE FUND FOR ASSISTING OVERSEAS VIETNAMESE CITIZENS AND LEGAL ENTITIES
(Promulgated together with Decision No. 2985/2007/QD-BNG of November 29, 2007 of the Minister of Foreign Affairs)

Article 1. Scope of application

1. This Regulation provides for the organization and operation of the Fund for Assisting Overseas Vietnamese Citizens and Legal Entities (below referred to as Citizen Assistance Fund for short), set up by the Prime Minister under Decision No. 119/2007/QD-TTg of July 25, 2007. Its international transaction name is Fund for Assisting Overseas Vietnamese Citizens and Legal Entities (abbreviated to FAOV).

2. Vietnamese citizens who permanently reside in foreign countries or territories and have paid insurance premiums in those countries or territories are not governed by this Regulation.

Article 2. Purposes

The Citizen Assistance Fund operates not for profits and under the financial management regulation of the Fund and is set up to:

1. Assist overseas diplomatic missions, consulates and agencies authorized by the Ministry of Foreign Affairs to perform the consular function (below collectively referred to as representative missions) in protecting lawful and legitimate rights and interests of overseas Vietnamese citizens and legal entities;

2. Provide emergency humanitarian aid to citizens and legal entities that encounter exceptionally difficult circumstances which they are unable to overcome on their own.

3. Provide supports for other activities under decisions of the Minister of Foreign Affairs and in accordance with Article 4 of the Prime Ministers Decision No. 119/2007/QD-TTg of July 25, 2007.

Article 3. Apparatus of the Citizen Assistance Fund

1. The Citizen Assistance Fund has the legal entity status and its own seal and may open state treasury and bank accounts under the provisions of Article 2 of the Prime Ministers Decision No. 119/2007/QD-TTg of July 25, 2007.

2. The Fund submits to state management by the Ministry of Foreign Affairs of its organization and operation. The Consular Department is authorized by the Minister of Foreign Affairs to manage the assistance of overseas Vietnamese citizens and legal entities and assist the leadership of the Ministry of Foreign Affairs in directly performing the state management of the Funds organization and operation.

3. The Fund has its directorate composed of the director, 2 (two) deputy directors and professional divisions - Office of the Fund (including accountants, office staff and public information and communication and administration staff of the Fund).

4. The Funds director and deputy directors are appointed and dismissed by the Minister of Foreign Affairs.

5. The Office of the Fund has no more than 7 (seven) staff members who are on the state-prescribed payroll of the Consular Department. When necessary, the Fund may employ professional cadres to work under labor contracts after obtaining approval of the Minister of Foreign Affairs.

Article 4. Functions and tasks of the Citizen Assistance Fund

1. Functions:

a/ To assume the prime responsibility for, and coordinate with representative missions in:

- Formulating operation orientations and programs of the Fund, them submitting them to the Minister of Foreign Affairs for approval.

- Projecting the Funds annual fund, including estimation of revenues and expenditures from the state budget source and other sources for assistance of overseas Vietnamese citizens and legal entities, and incorporation of estimated revenues and expenditures in annual budget estimates of the Ministry of Foreign Affairs before submission to the Ministry of Finance.

- Organizing annual, periodical or extraordinary reviews for drawing experience and working out plans for key issues in the assistance of overseas Vietnamese citizens and legal entities, especially in areas with large numbers of Vietnamese citizens.

b/ To receive deposits paid by relatives or guarantee organizations of citizens concerned, then request representative missions to pay advances in the cases specified in Item a, Clause 2, Article 7 of this Regulation, and coordinate with the Ministry of Finance in recovering advances specified in Item b, Clause 2, Article 7 of this Regulation.

c/ To perform financial management in accordance with law.

d/ To promptly report to the leadership of the Ministry of Foreign Affairs for decision issues falling beyond its powers.

2. Tasks:

a/ To manage funds, assets and other lawful resources used for the performance of its assigned tasks.

b/ To inspect and supervise expenses for the assistance of overseas Vietnamese citizens and legal entities.

c/ To make and send annual final settlement reports on use of its fund to the Ministry of Finance.

d/ To organize the Funds raising activities.

dd/ To exercise other rights and perform other obligations provided for by law

Article 5. Tasks and powers of the Directorate and the Office of the Citizen Assistance Fund

1. The director of the Fund shall/may:

a/ Be answerable to the Minister of Foreign Affairs for directing the performance of the functions and tasks specified in Article 4 of this Regulation and administering day-to-day activities of the Fund. When being busy working or absent from the Fund for unforeseeable reasons, the Funds director may authorize a deputy director to represent him/her in directing all day-to-day activities of the Fund.

b/ Act as the Funds representative at law and the holder of the Funds accounts. He/she may authorize a deputy director to sign on his/her behalf.

c/ Approve expenses under the Funds regulations not exceeding USD 10,000 (ten thousand US dollars) for each case or affair. When necessary to spend more than USD 10,000, the Funds director shall report it to the leadership of the Ministry of Foreign Affairs for consideration and decision.

d/ Represent the Citizen Assistance Fund in relations and transactions related to its activities.

dd/ Notify to and guide representative missions in performing some activities of the Fund overseas after obtaining approval of the Minister of Foreign Affairs.

e/ Report periodically on the Funds operation under current regulations.

2. Deputy directors of the Fund shall perform tasks assigned by the Funds director and are responsible before the Minister of Foreign Affairs and the Funds director for their assigned tasks.

3. The Funds Office is a professional section assisting the Directorate. Staff members of the Funds Office have the following tasks:

a/ To regularly monitor, sum up and report to the Funds Directorate on the Funds operation at home and abroad.

b/ To prepare for and do clerical work at the Funds regular and extraordinary meetings.

c/ To advise on the Funds orientations and tasks and propose the Funds annual operation plans to the director for approval.

d/ To perform other tasks as assigned by the Funds Directorate.

4. Working mode of the Fund:

a/ The director, deputy directors and staff of the Funds Office shall work on the principle of single chief combined with the principle of democratic centralism.

b/ Staff members of the Funds Office, with their defined obligations, powers and responsibilities, shall discharge their assignments and take responsibility before the Directorate.

Article 6. Representative missions function and power to use the Fund

1. Heads of representative missions are responsible for the payment and final settlement of expenses advanced from the Fund in their missions funds for assistance of overseas Vietnamese citizens and legal entities.

2. Heads of representative missions may decide on expenses not exceeding USD 3,000 (three thousand US dollars) for each case or affair. Any expense exceeding USD 3,000 must be proposed to the Funds director or the leadership of the Ministry of Foreign Affairs for consideration and decision.

3. Representative missions accountants shall send original invoices and vouchers to the Fund for accounting under financial regulations, and make annual revenue and expenditure statements under current financial management regulations.

4. Upon emergence of an extraordinary activity of special nature and wide impact, the head of a representative mission shall notify the Funds director of the tentative plan and estimated funding for the activity. The Funds director shall consider the plan and issue a written reply to the request according to his/her competence. Only after obtaining a written approval of the Funds director or the leadership of the Ministry of Foreign Affairs can the head of the representative mission start the activity.

Article 7. Expenses of the Citizen Assistance Fund

1. Non-refundable expenses:

a/ Expenses for assurance of citizens life and evacuation to safe places upon outbreaks of war, conflicts, natural calamities or epidemics, terrorism or abduction, etc.;

b/ Expenses paid as financial supports for citizens in unexpected or emergency circumstances if these citizens can prove they are totally broke and have no relative or organization standing security for them.

c/ Payments for consular staff members of representative missions, officials going from Vietnam or from the nearest country with a Vietnamese representative mission on overseas missions to assist overseas Vietnamese citizens and legal entities or investigate cases in which overseas Vietnamese citizens are arrested, held in temporary detention of custody, brought to trial or sentenced to imprisonment, and other necessary cases in need of assistance

d/ Expenses for external affairs in service of the assistance of citizens and legal entities.

2. Refundable expenses:

a/ Advances for payment of hospital fees, medication costs, air fares for repatriation, accommodation expenses for citizens pending their repatriation; expenses for funerals, cremation and transportation of corpses or remains of overseas Vietnamese citizens back to Vietnam, etc., in emergency circumstances when persons concerned have no money at the time, provided that their families or domestic organizations have paid deposits or offered guarantee for the refund of these amounts.

b/ In special cases when overseas Vietnamese citizens concerned have no guarantee or deposit, they shall make written commitments on refund of these amounts.

3. Expenses for the management of the Fund (not exceeding 10% of the Funds approved annual fund):

a/ Part-time staff members enjoy 30% of their current basic wages;

b/ Wages, insurance premiums and allowances shall be paid in accordance with law to the Funds employees working under labor contracts;

c/ Expenses for public information work to raise capital for the Fund;

d/ Expenses for inbound and outbound delegations to raise capital for the Fund, inspect the use of the Fund, survey and study the actual situation and specific activities of assistance of Vietnamese citizens and legal entities in foreign countries;

dd/ The above percentage of expenses for the management of the Fund shall be annually adjusted to suit the actual situation at the request of the Minister of Foreign Affairs and with the approval of the Minister of Finance.

4. Other expenses compliant with the financial management regulations of the Fund, its purposes and other regulations shall be decided by the leadership of the Ministry of Foreign Affairs and the Funds director.

Article 8. Commendation and discipline

1. The Citizen Assistance Fund shall keep a golden book of honor, award commemorative medals and may request competent authorities to commend and reward domestic or overseas organizations, collectives and individuals for their outstanding merits in the setting up and development of the Fund or great contributions to the assistance of overseas Vietnamese citizens and legal entities.

2. All acts of violation of the States regulations on operation of the Fund and the provisions of this Regulation shall, depending their nature and severity, be administratively handled or examined for penal liability in accordance with current law.

Article 9. Complaints and denunciations

1. All agencies, organizations and individuals may lodge complaints or denunciations about acts of embezzlement, corruption or taking advantage of the name of the Citizen Assistance Fund for self-seeking purpose or acts of violation of the provisions of this Regulation.

2. Complaints and denunciations related to the Citizen Assistance Fund shall be settled under the provisions of the Law on Complaints and Denunciations.