Nghị định 63/2025/NĐ-CP sửa đổi Nghị định 78/2021/NĐ-CP thành lập và quản lý Quỹ phòng, chống thiên tai

DECREE

AMENDMENTS TO SOME ARTICLES OF GOVERNMENT’S DECREE NO. 78/2021/ND-CP DATED AUGUST 01, 2021 ON ESTABLISHMENT AND MANAGEMENT OF DISASTER MANAGEMENT FUNDS

Pursuant to the Law on Government Organization dated February 18, 2025;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013; the Law on amendments to certain articles of the Law on Natural Disaster Prevention and Control and the Law on Dykes dated June 17, 2020;

At the request of the Minister of Agriculture and Rural Development;

The Government promulgates Decree on amendments to some articles of the Government’s Decree No. 78/2021/ND-CP dated August 01, 2021 on establishment and management of Disaster Management Funds.

Article 1. Amendments to some articles of the Government’s Decree No. 78/2021/ND-CP dated August 01, 2021 on establishment and management of Disaster Management Funds

1. Clause 2 Article 3 shall be amended as follows:

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2. Article 5 shall be amended as follows:

“Article 5. Management and governance personnel

1. The Ministry of Agriculture and Rural Development shall assign personnel of a specialized authority that advises and assists the Ministry of Agriculture and Rural Development to perform state manage of disaster management to act as a Central Fund-managing authority.

2. The Central Fund-managing authority is composed of Director, Deputy Directors, Chief accountant and public employees who work part-time or on secondment.

a) The Central Fund’s Director shall be decided by the Minister of Agriculture and Rural Development. He/she is a legal representative of the Central Fund; is entitled to sign contracts in accordance with law for a number of tasks serving the Fund's operations, and takes responsibility to the law and the Minister of Agriculture and Rural Development.

b) Deputy Directors shall be decided by the Minister of Agriculture and Rural Development at the request of the Central Fund’s Director.

c) Chief accountant and public employees who work part-time or on secondment at the Central Fund-managing authority shall be decided by the Central Fund’s Director in accordance with regulations of law.

3. Working regulations, duties and powers of the Central Fund-managing authority are specified in the Regulation on organization and operation of the Central Fund promulgated by the Minister of Agriculture and Rural Development at the request of the Central Fund-managing authority.”.

3. Article 8 shall be amended as follows:

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1. Every year, the Central Fund-managing authority shall formulate financial plans of the current year and the next year and submit them to the Ministry of Agriculture and Rural Development for consideration and decision.

2. The Central Fund-managing authority shall formulate annual fund statements and submit them to the Ministry of Agriculture and Rural Development for consideration and approval according to regulations of law.

3. The Ministry of Agriculture and Rural Development shall send a report on implementation of financial plans of the current year and the next year and fund statements to the Ministry of Finance that will consolidate and notify competent authorities according to regulations.”.

4. Article 8a shall be added after Article 8 as follows:

“Article 8a. Asset management, accounting and audit regulations

The Central Fund shall comply with asset management, accounting and audit regulations. To be specific:

1. Comply with accounting regulations as per law on accounting applicable to state off-budget financial funds.

2. Manage and use assets as per law.

3. Carry out independent audits of financial statements.”.

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“Article 10. Relationship between the Central Fund and provincial Funds

1. Responsibilities of the Central Fund:

a) Allocate its funds to provincial Funds.

b) Receive, manage and use provincial Funds’ allocations.

2. Responsibilities of the provincial Funds:

a) Receive, manage and use the Central Fund’s allocations.

b) Transfer funds to the Central Fund according to the Prime Minister’s Decision.

c) Report on management and use of provincial Funds to the Central Fund-managing authority for consolidation.”.

6. Article 11 shall be amended as follows:

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1. The Chairperson of the provincial People’s Committee shall decide to establish its provincial Fund; assign personnel of a specialized authority that advises and assists the provincial People’s Committee to perform state manage of natural disaster management to act as a provincial Fund-managing authority.

2. The provincial Fund-managing authority is composed of Director, Deputy Directors, Chief accountant and public employees who work part-time or on secondment.

a) The provincial Fund’s Director is decided by the Chairperson of the provincial People’s Committee. He/she is a legal representative of the provincial Fund; is entitled to sign contracts in accordance with law for a number of tasks serving the Fund's operations, and takes responsibility to the law and the Chairperson of the provincial People’s Committee.

b) Deputy Directors of the provincial Fund shall be decided by the Chairperson of the provincial People’s Committee at the request of the provincial Fund’s Director.

c) Chief accountant and public employees who work part-time or on secondment at the provincial Fund-managing authority shall be decided by the provincial Fund’s Director in accordance with regulations of law.

3. Working regulations, duties and powers of the provincial Fund-managing authority are specified in the Regulation on organization and operation of the provincial Fund promulgated by the Chairperson of the provincial People’s Committee at the request of the provincial Fund-managing authority.

4. The provincial People’s Committee shall assign district- and commune-level People’s Committees to organize collection and transfer of contributions of the provincial Fund according to regulations.”.

7. The quotation in clause 3 Article 12 shall be amended as follows:

“3. Vietnamese citizens who are at least 18 years old or at retirement age prescribed in the law on labor shall make annual contributions as follows:

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b) Social protection beneficiaries that are enjoying monthly welfare; beneficiaries of emergency social support according to regulations of the law on social support policies for social protection beneficiaries; employees who are at least 60 years old specified in point c clause 3 Article 12.”.

“dd) Persons who are handicapped or are incapacitated at the rate of 21% or more; persons suffering from fatal diseases; legally incapacitated persons or, persons with limited capacity of exercise, people with limited cognition or behavior control according to the civil law.”.

"g) Pregnant women; women that are rearing their children aged under 36 months.”.

“h) Members of poor or near-poor households; members of households seriously afflicted by natural disasters, diseases, fires and accidents; members of households at extremely disadvantaged communes located at coastal areas, islands, region-III communes and extremely disadvantaged villages within ethnic minority or mountainous areas; ethnic minority groups at region-I communes, region-II communes and region-III communes within ethnic minority or mountainous areas according to decisions issued by the Prime Minister and the Committee for Ethnic Minority Affairs and relevant legal documents.”,

9. Clause 4 Article 15 shall be amended as follows:

“4. Deadline for formulation and approval of the plan for collection and transfer of contributions of a provincial fund: By May 31 each year.”.

10. Article 17 shall be amended as follows:

“Article 17. Expenditure authority

1. Provincial People's Committees shall elaborate expenditure contents and expenditures of provincial funds in Article 16 of this Decree as requested by provincial Fund-managing authorities.

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3. Provincial Fund-managing authorities shall be responsible for consolidating demands for support from Disaster Management Funds as requested by district-level People's Committees and authorities and organizations; conducting inspections and reviews and submitting proposals to Chairpersons of provincial People’s Committees for decision.

4. Redistribution to the Central Fund according to Article 21 of this Decree, and of provincial Funds in accordance with Article 23 of this Decree shall be made.”.

11. Article 18 shall be amended as follows:

“Article 18. Statement report and approval

1. Every year, provincial-Fund managing authorities shall be responsible for sending reports on implementation of financial plans of the current year and the next year and fund statements to Departments of Finance in order to consolidate such reports and submit them to People’s Committees that will send these reports together with to local government budget statements and estimates to People’s Councils.

2. Provincial People’s Committees shall direct provincial-Fund managing authorities to report on revenues and expenditures of Funds to the Central Fund managing authority before 25^th every month.”.

12. Article 18a shall be added after Article 18 as follows:

“Article 18a. Asset management, accounting and audit regulations

1. Comply with accounting regulations as per law on accounting applicable to state off-budget financial funds.

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3. Carry out independent audits of financial statements.”.

13. Article 21 shall be amended as follows:

“Article 21. Redistribution from provincial funds to Central Fund

On the basis of natural disaster situations, local relief and support needs and finances of provincial Funds determined at the time of redistribution and agreement reached by relevant provincial People’s Committees, the Central Fund-managing authority shall request the Minister of Agriculture and Rural Development to recommend the Prime Minister to consider redistribution from provincial funds to the Central Fund.

14. Clause 2 Article 22 shall be amended as follows:

“2. The Central Fund-managing authority shall consolidate local relief and support needs and report them to the Minister of Agriculture and Rural Development that will request the Prime Minister to consider giving financial support from the Central Fund to local areas for disaster recovery.

15. Article 23 shall be amended as follows:

“Article 23. Redistribution of provincial funds

1. Chairpersons of provincial People’s Committees shall decide redistribution of provincial funds.

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16. Clause 1 Article 24 shall be amended as follows:

“1. The Ministry of Agriculture and Rural Development shall assume the following responsibilities:

a) Be responsible for management, operation, use and settlement of the Central Fund.

b) Call for and receive grants, aids, voluntary contributions and other legal sources from domestic and foreign organizations and individuals to the Central Fund.

c) Consolidate results of management and use of DMFs on an annual and ad hoc basis and submit ad-hoc reports to the Prime Minister.

d) Inspect the compliance with law on DMFs within its jusridiction.”.

Article 2. Annulment of some regulations of the Government’s Decree No. 78/2021/ND-CP dated August 01, 2021 on establishment and management of Disaster Management Funds

1. Clause 4 Article 3 and point a clause 2 Article 24 shall be annulled.

2. The phrase "ủy thác” (trusted) in clause 1 Article 6 shall be annulled.

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Article 3. Transitional clauses and effect

1. This Decree takes legal effect from April 19, 2025.

2. The Ministry of Agriculture and Rural Development shall improve management and governance personnel of the Central Fund; provincial People’s Committees shall improve management and governance personnel of provincial Funds according to this Decree within 45 days from the effective date of this Decree.

3. Ministers, Heads of Ministerial agencies, Heads of Governmental agencies, Chairpersons of People’s Committees at all levels, other relevant authorities, organizations and individuals shall be responsible for implementing this Decree./.

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISER
DEPUTY PRIME MINISTER




Ho Duc Phoc