Chapter III
PROVISIONS ON RECEIPT, DISTRIBUTION AND USE OF RELIEF MONEY AND GOODS FOR THE REMEDY OF CONSEQUENCES OF DOMESTIC NATURAL DISASTERS, FIRES OR SERIOUS INCIDENTS
Article 9.- Receipt of relief money and goods and provision of relief services
1. Provisions on bank account opening:
- Relief Committees at all (central, provincial, district and commune) levels shall open a state treasury account to uniformly manage relief money and fully open accounting books and documents of incomes and expenditures for monitoring and report on the settlement of relief funds according to regulations:
- Mass media agencies. Red Cross Societies, social and charity funds and other agencies which are permitted to receive relief money and goods may open accounts at commercial banks or the State Treasury:
- Agencies and units receiving relief money and goods donated by their collective and individual staff members to localities hit by natural disasters, fires or serious incidents need not open bank accounts. Agencies and units shall directly deposit all the raised funds at the bank account of a Relief Committee of the same level in accordance with Clause 3 of this Article.
2. Provisions on warehouses and yards for receiving relief goods
Based on actual conditions, units receiving relief goods may temporarily use their own office buildings or warehouses or hire warehouses or yards for storing relief goods.
3. Receipt and management of relief in cash for the remedy of consequences of domestic natural disasters, fires or serious incidents
a/ All relief money donated by domestic and overseas organizations and individuals to localities hit by natural disasters, fires or serious incidents must be deposited at the state treasury account opened for receiving voluntary donations by a Relief Committee of the same level, on the following principles:
- Funds donated by organizations and individuals to people and localities suffering damage caused by natural disasters, fires or serious incidents without specific beneficiary address must be transferred to the bank account of a Relief Committee of the same level (to the Relief Committee's account owned by the Vietnam Fatherland Front Central Committee, and to a Relief Committee's account owned by a provincial- district- or commune-level Vietnam Fatherland Front Committee);
- A Relief Committee shall send the money donated by organizations and individuals to specific beneficiary localities and individuals suffering damage caused by natural disasters, fires or serious incidents at the request of those organizations and individuals.
b/ Mass media agencies shall transfer all relief money they are permitted to receive under the decision of a competent authority to a Relief Committee's account owned by the Vietnam Fatherland Front Committee of the same level according to Point a. Clause 3 of this Article:
c/ Red Cross Societies at all levels shall manage, distribute and report on relief money raised through the system of Red Cross Societies for localities to the Vietnam Fatherland From Committee of the same level and donors under the guidance of the Vietnam Fatherland Front Central Committee:
d/ Social and charity funds shall manage, distribute and report on relief money raised by them for localities to the Vietnam Fatherland Front Committee of the same level and donors under the guidance of the Vietnam Fatherland Front Central Committee:
e/ A Relief Committee shall exchange organizations' and individuals" relief money in foreign currencies into Vietnam dong at commercial banks and deposit the sum to its account:
f/ Mode of fund transfer: Funds raised from a donation campaign for victims and localities hit by natural disasters, fires or serious incidents shall be handled as follows:
- All the money donated by collectives and individuals of central agencies, international organizations and other units ana individuals (not under the management of localities) must be deposited at the Relief Committee's account owned by the Vietnam Fatherland Front Central Committee and opened at the State Treasury (except for the sum donated to specific beneficiaries, which shall be then sent directly to localities by the Relief Committee according to Point a. Clause 3 of this Article):
- For localities: Commune-level Relief Committees shall transfer the funds to accounts of district-level Relief Committees or directly deposit them at accounts of provincial-level Relief Committees: district-level Relief Committees shall transfer the funds to provincial-level Relief Committees for synthesis and balance of donation sources (except for the sum donated to specific beneficiaries, which shall be handled according to Point a. Clause 3 of this Article).
When a natural disaster, fire or serious incident happens within a district-level unit, the funds raised from a donation campaign launched by the president of the district-level Vietnam Fatherland Front Committee shall be sent directly to the district-level Relief Committee for distribution to beneficiaries (not to a provincial-level Relief Committee).
4. Receipt and management of donations in kind
a/ Based on specific condition; and realities. Relief Committees at all levels shall prescribe and issue documents guiding local branches and levels to set up points tor receiving relief:all relief goods must be handed over and received in full quantity and quality at points of receipt or warehouses as prescribed by a competent authority. When urgent relief or clearance of relief goods at points of receipt goods is required a Relief Committee shall decide to promptly distribute essential goods (clothing, rice, instant noodles and other foods) to beneficiaries according to Clause 2. Article 10 of this Decree:
b/ The Relief Committee of the Vietnam Fatherland Front Central Committee shall carry out handover and receipt procedures for relief goods mobilized by the Committee according to regulations and transport them to grounds of storage for distribution to localities according to Clause 2. Article 8 of this Decree:
c/ A Relief Committee shall sell donations being gold, silver and precious metal and gems to commercial banks or auction them and deposit the revenues at the account of a Relief Committee of the same level.
5. Organizations and individuals that provide direct supports for victims and families should coordinate with or notify local administrations of their supports to every victim or family so that localities can adopt policies and schemes to reasonably balance levels of support from their local sources of relief for disaster-hit families and individuals in the localities.
6. Apart from raising money and goods, organizations and individuals may provide humanitarian relief in the form of services (free or at discount prices) to remedy consequences of natural disasters, fires or serious incidents and support terminally ill patients.
Article 10.- Distribution of relief money and goods to localities
1. Based on the relief money and goods received and the extent of damage caused by natural disasters, tires or serious incidents, heads of central-, provincial, district- and commune-level Relief Committees shall proactively coordinate with local administrations in holding the first meeting to promptly distribute relief money and goods to disaster-hit localities and families. In the course of raising donations, based on the relief money and goods received, the heads may decide to hold following meetings to distribute them accordingly.
2. Participants to a meeting shall be decided on by the head of a Relief Committee, but must comprise representatives of the following agencies:
a/ At central level: leaders of the Vietnam Fatherland Front Central Committee (to chair the meeting); representatives of Vietnam Red Cross Society: the Ministry of Finance: the Ministry of Labor. War Invalids and Social Affairs; the Ministry of Agriculture and Rural Development: the Ministry of Health; the Steering Committee for Flood and Storm Control: mass media agencies: and central units and organizations permitted to raise and receive relief money and goods under Clause 2. Article 4 of this Decree:
b/ At local level:
- Provincial level: leaders of a provincial-level Vietnam Fatherland Front Committee (to chair the meeting); representatives of the Office of a provincial-level People's Committee: the provincial-level Red Cross Society: provincial-level Services of Labor. War Invalids and Social
Affairs: Agriculture and Rural Development: Health: and Finance: the provincial-level Steering Committee for Flood and Storm Control: mass media agencies; and provincial units and organizations permitted to raise and receive relief money and goods under Clause 2, Article 4 of this Decree;
- District level: leaders of a district-level Vietnam Fatherland Front Committee (to chair the meeting); representatives of the Office of a district-level People's Committee; the district-level. Red Cross Society; district Divisions of Labor War Invalids and Social Affairs: Agriculture and Rural Development; Health: and Finance; the district-level Steering Committee for Rood and Storm Control; mass media agencies; and district units and organizations permitted to raise and receive relief money and goods under Clause 2, Article 4 of this Decree;
- Commune- or ward-level: leaders of the Fatherland Front (to chair the meeting); representatives of a commune-level People's Committee; officers in charge of labor, war invalids and social affairs; and planning-transport-irrigation-agriculture-forestry-fisheries-salt-making industry.
Article 11.- Use of relief money and goods for the remedy of consequences of natural disasters, fires or serious incidents
1. Principles for distribution and use
a/ To base on the extent of damage caused by natural disasters, fires or serious incidents:
b To base on sources of voluntary donations in combination with organizations" and individuals' direct donations to individuals and families hit by-natural disasters, fires or serious incidents (without going through a Relief Committee);
c/ Vietnam Fatherland Front Committees at all levels shall (assume the prime responsibility for) and coordinate with concerned agencies specified in Clause 2, Article 9 in, holding meetings to allocate and use relief money and goods on the principle of consistency to ensure reasonable supports between provinces and between districts in a province; between communes in a district; between branches suffering damage in each natural disaster, fire or serious incident, and between natural disasters, fires or serious incidents; between individuals and households hit by natural disasters, fires or serious incidents and social beneficiaries.
2. Beneficiaries of support
Victims and relatives of victims (grandfathers, grandmothers, fathers mothers, spouses, children) affected by natural disasters, fires or serious incidents in such cases as offshore fishermen hit by a storm or tropical low pressure; victims of storms, earthquakes, landslides, sweeping floods, whirlwinds, hails, fires or labor accidents happening in the process of remedying consequences of natural disasters, fires or serious incidents.
3. Contents on spending for relief
a/ Urgent support: Relief for hunger and coldness (foodstuff, foods, quilts, mosquito nets, clothing and medicines), first aid to the injured, supports of funeral expenses for families having dead victims: supports of families having victims: supports for building collapsed, drifted or seriously ruined houses as a result of natural disasters, fires or serious incidents in order to stabilize the life of victims and their relatives:
b/ Long-term support: If funds are still available after sources of relief are used to support beneficiaries according to Point a. Clause 3 of this Article, Relief Committees at all lev els may decide to use these funds to implement long-term supportpolicies and mechanisms suitable to the capacity of local sources of relief, specifically:
- To provide funds for victims and families having dead members being their bread winners to buy or repair main production tools and equipment lost or seriously broken due to natural disasters, fires or serious incidents:
- To support seeds and fertilizers for production:
- To provide remaining funds (if any) to build permanent houses for disaster-hit families; to adopt policies to provide social allowances on a monthly and long-term basis for families meeting with special difficulties, especially victims and relatives of victims who have nobody to rely on or have lost their working capacity.
4. Funds received in each donation campaign that have not been used up shall be used for the remedy of consequences of subsequent natural disasters, fires or serious incidents. Outstanding funds of relief on an account at a year end may be carried forward to the following year for continued implementation.
Article 12.- Funding sources for mobilization, receipt, transport and distribution of relief money and goods
1. The state budget ensures funds for activities of a unit which is assigned by a competent agency to hire warehouses and yards for receiving and transporting relief.
2. Working-trip expenses (for food, accommodation and travel) for cadres and public employees who are assigned to mobilize, receive, transport and distribute relief money and goods, and other related expenses shall be covered with the unit's financial source. When working-trip expenses are so great that they affect the unit's operation, it is required to report to the finance agency of the same level for handling according to its competence, or submit to a competent authority for decision.
3. Units mobilizing, receiving, transporting and distributing relief money and goods may not use received relief money and goods to pay expenses arising in the course of mobilizing, receiving, transporting and distributing relief money and goods.
Article 13.- Financial management and reporting mechanism
1. Within 90 days from the date a natural disaster, fire or serious incident happens, a provincial-level Relief Committee shah report to the Vietnam Fatherland Front Central Committee, the Ministry of Finance, the Ministry of Labor. War Invalids and Social Affairs and the Central Steering Committee for Flood and Storm Control on the money and goods mobilized and the money and goods items used or spent for each objective (relief for daily life activities, environmental treatment); and the remaining money and goods (if any). A provincial-level Relief Committee shall set the time limit for reporting for district and commune levels.
2. Closing a fiscal year, units receiving funds for the remedy of consequences of natural disasters, fires or serious incidents shall settle expenses under the current financial regime and report the settlement to the finance agency of the same level. Received and spent amounts in relation to the remedy of consequences of natural disasters, fires or serious incidents from sources of donations shall be mutually cleared and managed through the state budget according to the State Budget Law and its guiding documents.
Article 14.- Publicity of relief money and goods
1. Organizations and units directly mobilizing and receiving relief money and goods shall publicize the money and goods received and those distributed and transferred to localities.
2. Local Vietnam Fatherland Front Committees at all levels shall publicize beneficiaries of support, support policies and levels of support for beneficiaries.
3. Closing a donation campaign, the Vietnam Fatherland Front Central Committee shall submit a report on the campaign's results (total relief money and goods, and amounts allocated to localities, hit by natural disasters, fires or serious incidents) to the Prime Minister and simultaneously to the Ministry of Labor, War Invalids and Social Affairs, the Ministry of Finance and the Central Steering Committee for Flood and Storm Control and publicize it on the mass media.
Tìm kiếm
Nghị định 64/2008/NĐ-CP (Bản Word)