Decision No. 491/2003/QD-BNG dated March 27, 2003 of the Ministry of Foreign Affairs promulgating the regulation on organization and operation of the fund for Overseas Vietnamese Community

DECISION

PROMULGATING THE REGULATION ON ORGANIZATION AND OPERATION OF THE FUND FOR OVERSEAS VIETNAMESE COMMUNITY

THE FOREIGN MINISTER

Pursuant to the Government's Decree No.86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structures of the ministries and ministerial-level agencies;

Pursuant to the Government's Decree No.21/2003/ND-CP of March 10, 2003 defining the functions, tasks, powers and organizational structure of the Ministry for Foreign Affairs;

Pursuant to the Prime Minister's Decision No.990/QD-TTg of October 30, 2002 on the establishment of the Fund Overseas Vietnamese Community;

At the proposals of the Committee for Overseas Vietnamese and the Organization- Personnel Department,

DECIDES

Article 1.- To promulgate together with this Decision the " Regulation on Organization and Operation of the Fund for Overseas Vietnamese Community".

Article 2.- This Decision takes effect after its signing.

Article 3.- The director of the Committee for Overseas Vietnamese, the director of the Office, the director of the Organization-Personnel Department, the director of the Administration- Accountancy Department, of the Ministry, and the director of the Fund for Overseas Vietnamese Community shall have to implement this Decision.

REGULATION

ON ORGANIZATION AND OPERATION OF THE FUND FOR OVERSEAS VIETNAMESE COMMUNITY
(Promulgated together with the Foreign Minister's Decision No. 491/2003/QD-BNG of March 27, 2003)

Chapter I

GENERAL PROVISIONS

Article 1.- Application scope

This Regulation prescribes the organization and operation of the Fund for Overseas Vietnamese Community (called the Community Support Fund for short, its international transaction name is Fund for Overseas Vietnamese Community, abbreviated to FOVC).

Article 2.- Purposes and objects of FOVC

The FOVC is set up and operates for the purposes of supporting the overseas Vietnamese community and the work of mobilization of overseas Vietnamese, helping the community stabilize and develop, preserve the Vietnamese nation's identity, turn towards the country and contribute to the construction of the native land and the country. The Fund operates for non-profit purposes.

Article 3.- Principles for organization and operation

1. The Community Support Fund is a financial organization attached to the Foreign Ministry. It has legal person status, its own accounts and seals. Its accounts opened at the State Treasuries shall be used for deposit of the funding allocated from the State budget. It is allowed to open accounts at State-run banks to deposit mobilized money amounts.

2. The Community Support Fund is subject to the State management by the Foreign Ministry in terms of its organization and operation.

3. The Committee for Overseas Vietnamese, the Foreign Ministry's agency in charge of overseas Vietnamese-related work, shall have to directly perform the function of State management over the Fund's organization and operation.

4. The Fund shall not open branches and representative offices at home and abroad. The Fund's working office shall be arranged by the Foreign Ministry, but shall not be newly constructed.

5. The Community Support Fund must observe the current regulations on financial management, abide by the Constitution and laws of Vietnam. The Fund's activities abroad must be in compliance with the laws of the host countries, the international laws and Vietnamese laws.

Chapter II

ORGANIZATION AND APPARATUS OF THE COMMUNITY SUPPORT FUND

Article 4.- The apparatus of the Community Support Fund

1. The Community Support Fund is composed of the director, 2 deputy-directors, professional sections (the accountancy section, the office, the information-propagation section, the project management section) and the Sponsoring Council.

2. The director of the Committee for Overseas Vietnamese shall decide on the appointment and relief from duty of the director of the Community Support Fund; decide on the appointment and relief from duty of the chief accountant and deputy-directors at the proposal of the Fund's director.

3. The Community Support Fund's payroll includes 8 persons on the payroll of the Committee for Overseas Vietnamese, who work on a part-time basis. In case of necessity, the Fund may recruit professional personnel to work according to the contractual regime after getting the consent of the director of the Committee for Overseas Vietnamese.

Article 5.- The Sponsoring Council of the Community Support Fund

1. The Sponsoring Council of the Community Support Fund is composed of members being domestic individuals and overseas Vietnamese, who have prestige, heart and mind and voluntarily participate in sponsoring the Community Support Fund. Its members shall not exceed 20.

2. The president, vice-presidents and members of the Sponsoring Council of the Community Support Fund shall be decided by the Foreign Minister at the proposal of the director of the Community Support Fund.

3. The Sponsoring Council's tasks:

- To sponsor with its prestige the mobilization of sources of lawful financial assistance for the Fund;

- To advise the Fund's director on elaboration of the orientations and annual, medium- and long-term plans for operations of the Fund.

4. Principles for operation of the Sponsoring Council:

- The Sponsoring Council works according to the principle of voting by majority, meets once a year to contribute opinions to the annual, medium-term and long-term orientations, plans and measures for operation of the Fund.

- The Sponsoring Council's members work according to the regime of voluntariness, without enjoying wages and allowances from the Fund's budget source.

- Where a member of the Sponsoring Council has no conditions to continue his/her activities, the Foreign Minister shall decide on the substitute at the proposal of the director of the Community Support Fund.

Chapter III

TASKS AND POWERS OF THE COMMUNITY SUPPORT FUND

Article 6.- Tasks and powers of the Community Support Fund

1. Tasks:

a/ To elaborate annual and five-year orientations for the Fund's operation, and submit them to the Foreign Minister for approval;

b/ To elaborate annual budget plans of the Community Support Fund according to the provisions of the State Budget Law, including plans for reception of funding from the State budget and financial assistance sources; plans on funding estimates for projects with funding sources from the State budget, funding estimates for projects using other financial support funding; and plans on managerial funding estimates, and submit them to the Foreign Minister for approval after getting the consents of the Finance Ministry.

c/ To make lists of projects to be deployed in the next fiscal year and submit them to the Foreign Minister for written approval after getting the consents of the Finance Ministry.

d/ To perform the financial management according to the provisions of law.

e/ To manage projects according to current regulations of the State and the provisions of this Regulation.

f/ To promptly report to the Foreign Ministry for decision matters falling beyond its competence.

2. Powers:

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

b/ To appraise and submit for approval projects in accordance with Vietnamese laws and the Fund's guiding principles and objectives.

c/ To conduct surveys, elaborate and deploy projects according to regulations.

d/ To set up ties with domestic and foreign organizations and individuals to mobilize for the building of the Fund and the implementation of plans of the Fund.

e/ To exercise powers and perform obligations as provided for by law.

Article 7.- Tasks and powers of the director of the Community Support Fund

a/ To organize and administer the operation of the Community Support Fund according the provisions of law and the provisions of this Regulation.

b/ To act as the Fund's representative at law and holder of the Fund's accounts;

c/ To administer financial activities of the Fund according to the plans approved by the Foreign Ministry.

d/ To represent the Community Support Fund in international relations related to the Fund's activities.

e/ To authorize the heads of Vietnamese diplomatic missions overseas to carry out some activities of the Fund in foreign countries after it is so permitted by the Foreign Ministry.

f/ To periodically report on the Fund's activities according to current regulations.

Article 8.- Authorization of a number of the Fund's activities overseas

The heads of the representation agencies of the Socialist Republic of Vietnam in foreign countries are persons authorized by the director of the Community Support Fund to carry out a number of the Fund's activities in the host countries. The authorized persons shall carry out activities of the Fund strictly according to the contents of the written authorization and the provisions of this Regulation; in compliance with the laws of Vietnam, the laws of the host countries and international laws.

Chapter IV

PROJECT MANAGEMENT

Article 9.- A number of terms and phrases in this Regulation shall be construed as follows:

- Project means a written program, plan on activities compatible with the guiding principles and objectives of the Community Support Fund, which is implemented in an organized manner with a view to achieving a number of specific objectives within a set time frame and determined resources.

- Project owners mean Vietnamese agencies, organizations or individuals and overseas Vietnamese organizations or individuals, that have projects compatible with the objectives, objects and guiding principles of the Fund. For the funding originating from the State budget, the project owners must be Vietnamese legal persons as provided for by law.

- Donors mean domestic and foreign organizations or individuals that provide lawful financial assistance to the Community Support Fund.

- Reciprocal funding means the reciprocal funding amounts committed by the Fund upon the reception of financial assistance of the donors.

- Total cost estimates of projects mean the total necessary fundings of projects, which are elaborated according to the provisions of this Regulation and the norms and unit prices of the State.

- Completed projects means projects which have attained the set objectives and used the maximum funding equal to the approved total cost estimates.

- Settled projects mean the total reasonable expenses of the completed projects are approved by competent authorities.

Article 10.- Languages and currencies used in projects

- Language: Vietnamese; English or French.

- Currency: Vietnam dong, possibly UDS and local currency, which, however, in accounting and statistics, must be converted into VND.

Article 11.- Project classification

1. Being classified according to capital sources, the projects shall include the following types:

- Projects fully using State budget capital are the projects, which use capital sources from the State budget or capital sources of State budget origin.

- Projects fully using mobilized capital are the projects whose capital sources are the entire lawfully-mobilized capital of the Fund or the projects of domestic and foreign organizations and/or individuals, that provide financial assistance according to the set objectives,

- Projects using mixed capital are projects, which use capital from the State budget and mobilized capital sources of the Fund.

2. Being classified according to the managerial nature, the projects shall include the following types:

- Projects lying within the annual funding estimate plans already approved by competent authorities.

- Projects lying outside the annual funding estimate plans.

Article 12.- Provisions on appraisal and approval of projects

- Projects using the State budget funding:

+ For projects with the total cost estimates of over VND 200 million: The Community Support Fund shall appraise and include them into the annual funding estimate plans, enclosed with the project dossiers and the appraisal reports to be submitted to the Foreign Minister for approval of the projects.

+ For projects with the total cost estimates of up to VND 200 million: The Community Support Fund shall appraise and include them into the annual funding estimate plans, the president of the Committee for Overseas Vietnamese shall approve the projects.

- Projects fully using the donated funding shall be appraised and included into the annual funding estimate plans by the Community Support Fund and the Fund's director shall issue decisions approving the projects.

- Projects arising beyond the approved plans or outside the approved annual project lists: Based on the reserve balance, the Community Support Fund shall organize the appraisal and make general sum-ups and submit them to the Foreign Ministry for decision.

Article 13.- Provisions on project contents

The major contents of a project shall include:

1. The necessity of the project;

2. The bases of the project;

3. The assessment of the project's impacts as well as socio-economic efficiency;

4. The introduction of the project owner;

5. The total cost estimate of the project; quantification of the monetary, property and material elements of the donation project and the legality, legitimacy and feasibility of the sources of capital, assets of the project;

6. Analysis of the principles and mode of providing financial assistance;

7. The plan for implementation of the project;

8. Proposals on form of capital disbursement;

9. Management, supervision, conclusion and proposal.

Article 14.- Project management

14.1. The stage of project elaboration and submission for approval:

- The project owners shall have to elaborate the project dossiers and send them to the Community Support Fund.

- A project dossier shall include:

+ The project: 3 copies.

+ Dossiers and vouchers proving the feasibility of the capital sources for project implementation (for donated capital).

+ The written request for approval of the project.

- The Community Support Fund shall have to receive and guide the finalization of, the dossiers, and conduct the appraisal thereof. Within 30 working days at most after the receipt of the complete and valid dossiers as provided for, the Fund's director shall notify the project owner of the project status. If the project is feasible, it shall be included into the annual list of projects and submitted to the competent authorities for approval.

- The funding for the elaboration and submission for approval of projects shall be calculated into the total cost estimates of the donation projects.

- Where projects are not approved, the funding for project elaboration shall be born by the project owners.

14.2. The stage of funding allocation and capital disbursement:

- The project owners shall forward to the Community Support Fund a set of approved project dossiers.

- The capital withdrawal dossier shall comprise:

+ The report on project implementation progress;

+ The report on the use of funding withdrawn previously;

+ The payment request.

- The project dossiers already approved by competent authorities shall serve as legal basis for the director of the Community Support Fund to disburse capital for the projects.

- The order of capital disbursement shall be as follows:

+ The verification section of the Community Support Fund shall examine the payment dossiers forwarded by the project owners and submit to the Fund's director for decision the payment funding level strictly according to the project implementation tempo.

+ Capital payment can be effected via bank account transfer or in cash as provided for by the State Bank. The payment money, after subtracting the advance (if any), shall be transferred directly to the project owners or the goods or service providers at the request of the project owners.

+ The Fund's director shall decide on practical examination if deeming it necessary; the examination shall be conducted after the capital withdrawal.

If it is detected in the course of examination that the project owners made false reports or used capital for wrong purposes, or showed signs of violating laws or violating this Regulation, he/she must decide to suspend the capital allocation and report such to the Foreign Ministry for handling.

+ Capital advance: At the initial stage of project implementation, the project owners are allowed to advance a maximum 20% of the total estimate.

- In special cases where funding should be additionally allocated to projects, based on the reserve balance and at the request of the project owners, the Fund shall verify and submit the request to the Foreign Ministry for approval. After getting the written approval of the Foreign Ministry, the Fund's director shall decide to additionally allocate funding to the projects.

14.3. The stage of project completion, project test and acceptance and project settlement.

- Upon the project completion, the project owners shall report such to the Fund for organization of project test and acceptance.

- Upon the project test and acceptance, the project owners must make the final settlement reports within 3 months.

- The final settlement report must be made according to set form and enclosed with lawful and valid vouchers and invoices.

- The Fund's director shall approve the final settlement of completed donation projects.

- The total settlement funding of the projects must not exceed their total cost estimates already approved by competent authorities.

- If the settlement funding is larger than the already paid funding, the payment shall be further made.

- If the settlement funding is smaller than the already withdrawn funding, the project owners shall have to fully remit the differences into the Community Support Fund within 10 days.

- The final settlement reports must separate the State budget capital sources from other capital sources.

Article 15.- Setting up the Project Management Boards

Where a project is elaborated by the Fund, the Fund's director shall decide to set up the Project Management Board, appoint the Fund's deputy-director to be the head of the Board. The members of the Project Management Board shall include representatives of the Community Support Fund, the specialized management agency and a Vietnamese representative in the host country (if the project is implemented overseas). The Project Management Board shall have the same powers, responsibilities and obligations as the project owner.

The Project Management Board is entitled to use the seal of the Community Support Fund in its activities. The Board shall automatically dissolve when the decision approving the project settlement is issued.

Chapter V

FINANCIAL MANAGEMENT OF THE COMMUNITY SUPPORT FUND

Article 16.- Sources of revenues of the Community Support Fund

1. The State budget source:

- The State funding of VND 7 billion initially allocated upon its establishment.

- The State funding additionally allocated every year, based on the project execution funding estimates approved by competent authorities, the State budget capability and the sources of mobilized capital of the Fund.

- Donation mobilization sources: From contributions in cash and/or in kind of domestic and foreign agencies, organizations and individuals.

2. Other lawful revenue sources: deposit interests (if any),...

Article 17.- The expenditure contents of the Community Support Fund

a/ Expenditure on capital disbursement for approved projects:

1. Preservation and development of the identity of the nation's traditional culture, maintenance and development of Vietnamese language within the community;

2. Organization of back-to-the-root cultural exchanges: Summer camping for youth and youngsters, sport competitions, exhibitions, art performances;

3. Support of information and cultural activities in service of the community;

4. Support of the mobilization of overseas Vietnamese to return to the country for investment, economic and scientific cooperation;

5. Support of individual experts and intellectuals being overseas Vietnamese who return to the country for working or scientific cooperation;

6. Support of activities of associations and organizations of overseas Vietnamese;

7. Other support suitable to the guiding principles of the Fund.

b/ Expenditures for managerial work:

1. Payment of wages, insurance and allowances to officials and employees of the Fund as provided for by law.

2. Expenditures for communication on the building of the Community Support Fund.

3. Expenditures for activities of outbound and inbound delegations in service of the work of mobilization for the building of the Fund, survey of the project implementation.

4. Expenditures for surveys and elaboration of the Fund's projects.

5. Payment of rewards to organizations and individuals who have merits in contributing to the activities of the Community Support Fund.

6. Expenditures for stationery, administrative charges...

The funding sources: The Fund is entitled to deduct a maximum 10% of the approved total annual funding for the operation of the managerial apparatus of the Fund.

Article 18.- Accounting and financial work

The Community Support Fund shall perform the accounting and financial work strictly according to the current law provisions:

1. Opening accounting books, making full statistics of financial operation, observing the regimes and regulations on invoices and accounting vouchers.

2. Opening books to monitor and make full statistics on the lists of agencies, organizations and individuals that give donation and the lists of subjects enjoying the financial supports.

3. Making and submitting in time and fully the financial reports and quarterly and annual revenue and expenditure settlement reports of the Community Support Fund to the Foreign Ministry and the Finance Ministry.

4. The Fund shall have to observe the financial inspection and audit according to the regulations of the State.

Chapter VI

COMMENDATION, DISCIPLINE, COMPLAINTS, DENUNCIATIONS

Article 19.- Commendation/reward and discipline

1. The Community Support Fund shall have golden books of honor, commemorative badges and propose the competent agencies to commend and/or reward domestic and foreign organizations, collectives and individuals for their outstanding achievements in activities of building and developing the Community Support Fund.

2. All acts of violating the State's regulations on the operation of the Community Support Fund and the provisions of this Regulation may, depending on their nature and seriousness, be subject to administrative handling or penal liability examination.

Article 20.- Complaints and denunciations

1. All agencies, organizations and individuals are entitled to complain about and denounce acts of embezzlement, corruption, abuse of the Fund's name or other acts of violating the provisions of this Regulation.

2. The settlement of complaints and denunciations related to the Community Support Fund shall comply with the Law on Complaints and Denunciations.