Chapter III
ORGANIZATION AND OPERATION OF FUNDS
Article 15. Fund Management Council
1. A fund must have a management council. A Fund Management Council has at least three members appointed by founding members. The term of office of the Fund Management Council must not exceed five years. The Fund Management Council is composed of a chairman, a vice chairman and members.
2. For a fund established on the basis of donated or bequeathed properties, the number of members being organizations or individuals representing these properties must not exceed one third of total members of the Fund Management Council.
3. The Fund Management Council has the following tasks and powers:
a/ To approve operation orientations of the fund;
b/ To promulgate regulations on the management and use of the funds revenues;
c/ To approve the limits of expenditures on fund management, financial plans and settlement reports of the fund;
d/ To decide on the appointment or dismissal of the director and chief accountant of the fund;
e/ To decide on the organizational structure of the fund;
f/ To propose to competent state agencies changes in the funds establishment license or charter;
g/ To decide on other matters in accordance with the charter of the fund and the provisions of law.
4. The Fund Management Council works on a collective basis and its working regulations specified in the charter of the fund.
Article 16. Chairman and vice chairmen of the Fund Management Council
The chairman of the Fund Management Council is a Vietnamese citizen elected by members of the Fund Management Council by majority vote; the term of office of the chairman coincides with the term of the Fund Management Council. The chairman shall preside over meetings of the Fund Management Council and administer the implementation of resolutions of the Councils meetings. The chairman is assisted by vice chairmen; the functions and tasks of the chairman and vice chairmen are specified in the charter of the fund.
A foreigner who has made great contributions to the operation of the fund may be elected the honorary chairman of the fund, if so voted by more than half of members of the Fund Management Council.
Article 17. Fund director
1. The director of the fund is a Vietnamese citizen appointed by the chairman of the Fund Management Council under the decision of the Fund Management Council; the term of office of the director must not exceed five years. The director is the representative-at-law of the fund and bears responsibility for all activities of the fund.
2. The director shall run all activities of the fund; and follow the spending limits of the fund in accordance with resolutions of the Fund Management Council, the funds charter and legal provisions.
3. The director shall issue documents within the ambit of his/her management responsibilities and take responsibility for his/her decisions.
4. The director shall periodically report on the operation of the fund to the Fund Management Council and the agency competent to decide on the establishment of the fund.
5. The director shall manage the funds property according to its charter and legal provisions on financial and asset management.
6. The director shall propose the chairman of the Fund Management Council to appoint deputy directors and heads of attached units.
Article 18. Fund Control Board
1. A fund must have a Control Board. A Control Board is composed of at least three members, including a head, a deputy head and member(s). The chairman of the Fund Management Council shall set up the Control Board and appoint its members at the proposal of the Fund Management Council. For funds with an annual operation fund of less than VND 100,000,000 (one hundred million dong), the Management Council shall perform the fund control function.
2. The Control Board operates independently and has the following tasks:
a/ To inspect and supervise the operation of the fund in accordance with the charter of the fund and legal provisions;
b/ To report and propose to the Fund Management Council on inspection and supervision results and the financial status of the fund.
Article 19. Organization and performance of accounting, audit and statistical work
1. The fund must organize and perform accounting, audit and statistical work in accordance with law.
2. It is required to keep a register to record the list of organizations and individuals that make contributions or donations and the list of beneficiaries.
Article 20. Establishment and operation of branches and representative offices of the fund
1. A fund may establish its branches or representative offices outside the locality where it is headquartered in accordance with law and the permission of the Peoples Committees of the provinces where branches or representatives offices are to be located and the agency that has licensed the establishment of the fund. The Fund Management Council shall decide on the establishment and define the powers and responsibilities of branches or representative offices at the proposal of the Director of the fund.
2. Branches and representative offices are affiliated units of the fund which shall operate under the charter and may only perform tasks assigned by the fund. The fund shall take responsibility for all activities of its branches and representative offices.
3. Branches and representative offices are subject to the state management by the provincial-level Peoples Committees or district-level Peoples Committees of localities where these branches and representative offices are located.
Article 21. Mobilization of contributions or donations
1. The fund may campaign for mobilization of contributions or donations at home and abroad for realizing its operation objectives in accordance with its charter and law.
2. For campaigns for mobilization of contributions or donations in foreign countries nationwide or on the scale of a province or centrally run city, mobilization scheme must be prepared and approved in writing by the state management agency which has licensed the establishment of the fund.
3. For campaigns for mobilization of contributions or donations to overcome consequences of natural disasters, floods or storms or to provide emergency relief, the chairman of the Fund Management Council may make decision to conduct these campaigns and shall report them to competent state agencies.
Article 22. Rights and obligations of funds
1. To be organized and operate under the recognized charter and relevant legal provisions.
2. In the course of operation, to be subject to the state management of agencies in charge of the funds operation domains.
3. To conduct campaigns for mobilization of contributions or donations; to receive property donated by domestic and foreign individuals and organizations in strict accordance with their operation principles and purposes and legal provisions.
4. To provide funding in strict accordance with the authorization of individuals or organizations as well as their operation principles and purposes.
5. To provide services and organize other activities by law in order to preserve and increase their property.
6. To use all mobilized money and property for proper purposes and target groups:
a/ For donations, contributions and money raised for overcoming disaster consequences or emergency relief, to distribute all of them immediately after their receipt;
b/ For donations for specific purposes or target groups, to comply with donors requests;
c/ For mobilized amounts other than those specified in Clauses a and b of this Article, to ensure the disbursement of at least 70% of the total mobilized amounts within the fiscal year.
7. For funds which are established from property donated or under contracts or testaments without mobilizing contributions or receiving donations, to earmark at least 5% (five percent) of their total property to finance programs and projects relevant to the funds operation purposes.
8. To preserve and publicize dossiers, vouchers and documents on their property and financial status, and resolutions and minutes on their operation in accordance with law.
9. To use their property and finances in strict accordance with their operation principles and purposes; to pay taxes, charges and fees and observe the accounting, audit and statistic regime in accordance with law.
10. To lodge complaints and denunciations in accordance with law and submit to the examination, inspection and supervision by state agencies, individual and institutional donors and the community in accordance with law.
11. Annually, to submit reports on the situation of their organization and operation and financial statements to the agency that has permitted their establishment and recognized their charters and the finance agency of the same level, and to publicize the funds contributions before March 31 of the following year.
12. When arising any change in their head offices, chairmen, directors or chief accountants, to report the change to the state agency competent to permit their establishment. The amendments to the charter of a fund must be recognized by the state agency that has permitted the establishment of the fund.
13. To exercise other rights and perform other obligations in accordance with law.
Article 23. Relationship between funds and individuals and organizations related to funds activities
1. Funds may have relationships with individuals and organizations to mobilize contributions or donations for themselves or for their specific schemes in accordance with law.
2. Funds may have relationships with localities, organizations and individuals in need of support to formulate funding schemes in accordance with their operation principles and purposes.
Tìm kiếm
Nghị định 148/2007/NĐ-CP (Bản Word)