Laws of Vietnam

THE MINISTRY OF SCIENCE, TECHNOLOGY AND ENVIRONMENT

DECISION No.698-QD/QHQT OF JUNE 16, 1997 PROMULGATING THE REGULATION ON ORGANIZATION AND OPERATION OF THE NATIONAL EXECUTIVE COMMITTEE OF VIETNAM’S GLOBAL ENVIRONMENTAL FACILITY

THE MINISTER OF SCIENCE, TECHNOLOGY AND ENVIRONMENT

- Pursuant to Decree No.22-CP of May 22, 1993 of the Government on the tasks, powers and organizational structure of the Ministry of Science, Technology and Environment;

- Pursuant to Decision No.07-TTg of January 3, 1997 of the Prime Minister on the establishment of the National Executive Committee of Vietnam’s Global Environmental Facility and the assignment of agencies to participate in the activities of the Global Environmental Facility (GEF);

- Pursuant to Official Dispatch No.2095/KGVX of May 4, 1996 of the Office of the Government directing the Ministry of Science, Technology and Environment to promulgate the working regulation of the National Executive Committee of GEF-Vietnam.

- At the proposals of the head of the Environment Department and the head of the International Relations Department,

DECIDES:

Article 1.- To issue together with this Decision the Regulation on Organization and Operation of the National Executive Committee of Vietnam’s Global Environmental Facility (GEF-Vietnam for short).

Article 2.- The chairman and members of the GEF-Vietnam, the head of the Ministry’s Office, the head of the International Relations Department, the head of the Environment Department, the head of the Organization and Personnel Department of the Ministry of Science, Technology and Environment shall implement this Decision.

Article 3.- This Decision takes effect from the date of its signing.

The Minister of Science, Technology and Environment

PHAM GIA KHIEM

REGULATION ON ORGANIZATION AND OPERATION OF THE NATIONAL EXECUTIVE COMMITTEE OF VIETNAM’S GLOBAL ENVIRONMENTAL FACILITY

Article 1.- Functions:

- The National Executive Committee of Vietnam’s Global Environmental Facility (GEF-Vietnam for short) shall assist the Minister of Science, Technology and Environment in coordinating environmental protection activities related to the Global Environmental Facility (GEF).

Article 2.- The GEF-Vietnam has the following tasks:

- Guiding and directing the ministries, branches, localities, mass and social organizations in working out GEF-related projects on environmental protection on the basis of Vietnam’s orientations for socio-economic development and environmental protection and the regulations of the GEF.

- Summing up and evaluating the GEF-related projects and proposals of the ministries, branches, localities, mass and social organizations so as to help the Minister of Science, Technology and Environment submit them to the Government and the GEF.

- Supervising the organization of implementation of the GEF’s projects and other related activities.

Article 3.- Powers of the GEF-Vietnam:

- The GEF-Vietnam is Vietnam’s representative in coordinating activities and handling relations with GEF.

- Assisting the Minister of Science, Technology and Environment in considering and submitting projects to the Government and the GEF for ratification; coordinating the management, monitoring, supervising and evaluating projects which have been carried out within the GEF’s frame.

Article 4.- Organization of the GEF-Vietnam:

- The GEF-Vietnam is Vietnam’s representative in the GEF. The standing body of the GEF-Vietnam shall be GEF-Vietnam’s office, which works on a part-time basis, and has the task of managing GEF-Vietnam’s activities according to the functions, tasks and powers provided for it in Articles 1, 2 and 3 of this Regulation.

- The chairman of the GEF-Vietnam shall be a Vice Minister of Science, Technology and Environment appointed by the Minister of Science, Technology and Environment, to work on a part-time basis and assist the Minister in running the GEF-Vietnam’s activities according to the functions, tasks and powers prescribed in this Regulation.

- GEF-Vietnam shall have two vice-chairmen, to be appointed by the Minister of Science, Technology and Environment, to perform tasks assigned by the Chairman; the standing Vice Chairman shall be the representative of the Environment Department.

- The members of the Executive Committee of the GEF-Vietnam shall be representatives of the Ministry of Science, Technology and Environment, the Ministry of Planning and Investment, the Ministry of Finance, the Office of the Government and the Vietnam Society for Natural and Environmental Protection. The members of the National Executive Committee of the GEF-Vietnam shall be recommended by their managerial agencies and recognized by decision of the Minister of Science, Technology and Environment. The members of the National Executive Committee of the GEF-Vietnam shall fully participate in the GEF-Vietnam’s activities and report on the performance of their assigned tasks to the GEF-Vietnam’s Office so that the latter may submit its summary to the Government and the GEF’s Secretariat.

- The GEF-Vietnam’s Office shall have a Standing Secretariat, the members of which shall be appointed by the chairman; the GEF-Vietnam’s Office shall be located at the Environment Department and shall assist the chairman in managing the GEF-Vietnam’s activities in processing and summarizing information, evaluating projects and preparing the contents and agenda of the GEF-Vietnam’s meetings.

Article 5.- Mode of operation:

- The GEF-Vietnam shall meet once every six months. In case of emergency, the chairman may convene extraordinary meetings.

- The GEF-Vietnam’s chairman shall preside over its meetings; in cases where he is absent, he shall authorize a vice chairman to do so.

- The GEF-Vietnam’s plans of action shall be prepared by the GEF-Vietnam’s Office under the GEF’s guidances and shall be approved at the periodical meetings of the GEF-Vietnam.

- All projects seeking allocation of capital from the GEF must be submitted to the GEF-Vietnam. The GEF-Vietnam’s Office shall consider and select feasible projects and submit them to the chairman of the GEF-Vietnam so that the latter may send them to the GEF’s Secretariat for consideration and report them to the Government.

- Following the approval of the submitted projects by the Government and the GEF, the chairman of the GEF-Vietnam shall inform the ratified projects to the members of the Executive Committee and the project owners. The project owners shall report their plans for implementation and the process thereof once every three months to the GEF-Vietnam’s Office. The GEF-Vietnam shall submit all plans and project process reports to the agencies which give financial support to the projects so that the latter may allocate capital for the implementation of the projects.

Article 6.- Funds for the GEF-Vietnam’s operation:

- Sources of funds for the operations of the GEF-Vietnam include:

Sources of capital for non-business units under the annual plans of the Ministry of Science, Technology and Environment. The fund for the operation of the GEF-Vietnam shall be estimated by the GEF-Vietnam’s Office, which shall submit such estimate to the Executive Committee and the GEF-Vietnam’s chairman for decision and inclusion into the annual draft budget of the Ministry of Science, Technology and Environment for submission to the Government.

Sources of capital from the GEF shall be managed in accordance with the regulations of the GEF and the current State regulations on financial management.

Article 7.- Implementation provision:

This regulation takes effect from the date of its signing.

The Minister of Science, Technology and Environment

PHAM GIA KHIEM