Chương I Nghị định 78/2021/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes the establishment, management and use of the Disaster Management Fund, its financial sources, spending details, persons and entities eligible for exemption, reduction in and deferment of payment of contributions, procedures for regulation, public disclosure of information and final settlement of the Disaster Management Fund.

Article 2. Subjects of application  

This Decree shall apply to Vietnamese authorities, organizations and individuals; foreign entities and persons currently living, operating or participating in natural disaster prevention and control activities in Vietnam.

Article 3. Name and legal status of the Disaster Management Fund

1. The Disaster Management Fund is a state extra-budgetary financial foundation having its legal personality, its own seal and allowed to have its accounts opened at the State Treasury and commercial banks legally operating in Vietnam.

2. The Central Disaster Management Fund is established by the Government under the provisions of this Decree and run by the Ministry of Agriculture and Rural Development. Its international name is Vietnam Disaster Management Fund, abbreviated to VNDMF.

3. Provincial disaster management funds (hereinafter referred to as provincial DMF) are established under the approval decisions of Presidents of the People's Committees of centrally-affiliated cities and provinces, and run by the People's Committees of centrally-affiliated cities and provinces. The Fund of each province or centrally-affiliated city is named after the name of that province or centrally-affiliated city.

4. Each DMF operates like a single-member limited liability company of which the charter capital is wholly held by the State.

Article 4. DMF’s duties

1. Provide support for natural disaster prevention and control activities that the state budget has not yet funded or afforded.

2. Receive, manage and use financial sources.

3. Implement reporting and accounting regulations laid down herein and in other relevant laws.

4. Submit to the inspection, examination and audit conducted by competent regulatory authorities in accordance with laws.

5. Publicly announce the DMF’s operational regulations and results and report on the DMF's situations according to the provisions of this Decree and relevant laws.