Decree 78/2021/ND-CP on Natural Disaster Prevention and Control Funds

DECREE

On establishment and management of disaster management funds^[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 Local Administration;

Pursuant to the June 19, 2013 Law on Disaster Prevention and Control; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Law on Disaster Prevention and Control and the Law on Dikes;

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

The Government promulgates the Decree on establishment and management of disaster management funds.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides for the establishment, management and use of disaster management funds; financial sources; spending contents; subjects eligible for exemption from, or reduction or postponement of payment of, contributions; procedures for regulation, disclosure of information, and finalization of disaster management funds. 

Article 2. Subjects of application

This Decree applies to Vietnamese agencies, organizations and individuals; foreign organizations and individuals that currently reside, operate, or participate in disaster prevention and control in Vietnam.

Article 3. Names and legal status of disaster management funds

1. Disaster management funds are off-budget state financial funds that have the legal entity status and their own seals and may open their accounts at the State Treasury and commercial banks lawfully operating in Vietnam.

2. The Vietnam Disaster Management Fund (below referred to as the Central Fund and abbreviated to VNDMF) is established by the Government under this Decree and managed by the Ministry of Agriculture and Rural Development.

3. Provincial-level disaster management funds (below referred to as provincial-level funds) are established by chairpersons of provincial-level People’s Committees and managed by provincial-level People’s Committees. International transaction names of provincial-level funds shall be given by provinces or centrally run cities where they are established.

4. Disaster management funds operate as single-member limited liability companies with 100% of their charter capital held by the State.

Article 4. Tasks of disaster management funds

1. To support disaster prevention and control activities in which the state budget funds have not yet invested or the invested state budget funds are not enough to meet requirements. 

2. To receive, manage and use financial sources.