Does Vietnam's Farmer Support Fund have legal status? Does Vietnam's Farmer Support Fund have the right to refuse an information provision if the request is against its charter?
What is the legal status of Vietnam's Farmer Support Fund?
On June 24, 2023, the Government of Vietnam issued Decree 37/2023/ND-CP on the establishment of Vietnam's Farmer Support Fund.
Article 3 of Decree 37/2023/ND-CP stipulates the legal status, legal status, and obligations to the state budget of Vietnam's Farmer Support Fund as follows:
- Vietnam's Farmer Support Fund is an off-budget state financial fund under the management of the various levels of the Farmers' Union; it operates not for profit, aims to preserve and develop capital; and performs the functions and duties as prescribed in Decree 37/2023/ND-CP.
- Vietnam's Farmer Support Fund has a legal status, a charter capital, and a seal, and is allowed to open accounts at the State Treasury, the Social Policy Bank, and legally operating commercial banks in Vietnam according to the law.
- Vietnam's Farmer Support Fund fulfills its obligations to the state budget as stipulated by tax laws and other relevant legal regulations.
Does Vietnam's Farmer Support Fund have legal status? Does Vietnam's Farmer Support Fund have the right to refuse an information provision if the request is against its charter? (Image from the Internet)
What are the functions and duties of Vietnam's Farmer Support Fund?
The duties and functions of Vietnam's Farmer Support Fund are stipulated in Clause 4, Article 4 of Decree 37/2023/ND-CP as follows:
Principles, objectives, scope of operations, and functions, duties of the Vietnam's Farmer Support Fund:
1. Principles of operation of the Vietnam's Farmer Support Fund:
a) Financial autonomy, non-profit motive, transparency, preservation, and development of capital;
b) Limited liability within the scope of the Vietnam's Farmer Support Fund's own capital;
c) Properly performing the assigned functions and tasks according to the law.
2. Objectives of the Vietnam's Farmer Support Fund's operations:
a) Supporting members of the Vietnam Farmers' Union in building and expanding effective production and business models, contributing to increasing income and improving the livelihoods of farmers;
b) Creating resources, conditions, and tools to unite and gather farmers into the union organization, contributing to building the union and farmer movements.
3. Scope of operations of the Vietnam's Farmer Support Fund:
a) The Central Vietnam's Farmer Support Fund performs the assigned functions and tasks nationwide as stipulated in this Decree;
b) The provincial/district Vietnam's Farmer Support Fund performs the assigned functions and tasks within the geographical area of the province/district where it is established, as stipulated in this Decree.
4. Functions and duties of the Vietnam's Farmer Support Fund:
a) Receiving and managing the charter capital provided from the state budget as stipulated in this Decree and relevant laws;
b) Mobilizing support, donations, and non-refundable aid for the operations of the Vietnam's Farmer Support Fund;
c) Providing loans to members of the Vietnam Farmers' Union to build and expand production and business models;
d) Receiving entrusted loans from domestic and international organizations and individuals as prescribed by the law;
dd) Entrusting lower-level Vietnam's Farmer Support Funds to implement loan tasks according to the regulations in this Decree and relevant laws;
e) Performing other tasks assigned by competent authorities as prescribed by the law.
According to the above provisions, the functions and duties of the Vietnam's Farmer Support Fund include:
- Receiving and managing the charter capital provided from the state budget as stipulated in this Decree and relevant laws;
- Mobilizing support, donations, and non-refundable aid for the operations of the Vietnam's Farmer Support Fund;
- Providing loans to members of the Vietnam Farmers' Union to build and expand production and business models;
- Receiving entrusted loans from domestic and international organizations and individuals as prescribed by the law;
- Entrusting lower-level Vietnam's Farmer Support Funds to implement loan tasks according to the regulations in this Decree and relevant laws;
- Performing other tasks assigned by competent authorities as prescribed by the law.
Does Vietnam's Farmer Support Fund have the right to refuse an information provision if the request is against its charter?
Under the provisions of Article 5 of Decree 37/2023/ND-CP as follows:
Responsibilities and powers of the Vietnam's Farmer Support Fund:
1. Responsibilities of the Vietnam's Farmer Support Fund:
a) Complying with the regulations of this Decree and other related laws on the operations of the Vietnam's Farmer Support Fund;
b) Implementing the provisions on the establishment, execution, finalization, and audit of the state budget regarding the state budget capital at the Vietnam's Farmer Support Fund;
c) Being subject to inspection, examination, and audit by competent state management agencies; providing data and publicly disclosing financial status as stipulated in this Decree and related laws.
2. Powers of the Vietnam's Farmer Support Fund:
a) Organizing operations in line with the objectives and scope of operations of the Vietnam's Farmer Support Fund;
b) Selecting loan options that meet the conditions for lending as stipulated in this Decree;
c) Recruiting, arranging, training, and using labor according to the charter and operation regulations of the Vietnam's Farmer Support Fund and related laws;
d) Refusing requests for information provision or use of resources if the request is against the law or the charter and operational regulations of the Vietnam's Farmer Support Fund;
dd) Contacting and cooperating with relevant functional agencies, units, and individuals to mobilize legal sponsorship resources for the operations of the Vietnam's Farmer Support Fund.
Thus, according to the above regulation, the Vietnam's Farmer Support Fund has the right to refuse requests for information provision or use of resources if the request is against the law or the charter and operational regulations of the Vietnam's Farmer Support Fund.
Decree 37/2023/ND-CP will take effect from August 8, 2023.
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