Circular No. 02/2013/TT-BNV dated April 10, 2013 of the Ministry of Home Affairs detailing and guiding a number of articles of the Government’s Decree No. 30/2012/ND-CP of April 12, 2012, on the organization and operation of social funds and charity funds

THE MINISTRY OF HOME AFFAIRS

Circular No. 02/2013/TT-BNV of April 10, 2013, detailing and guiding a number of articles of the Government’s Decree No. 30/2012/ND-CP of April 12, 2012, on the organization and operation of social funds and charity funds

Pursuant to the Government’s Decree No. 61/2012/ND-CP of August 10, 2012, defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs;

Pursuant to the Government’s Decree No. 30/2012/ND-CP of April 12, 2012, on the organization and operation of social funds and charity funds;

At the proposal of the director of the Non-Governmental Organization Department;

The Minister of Home Affairs promulgates the Circular detailing and guiding a number of articles of the Government’s Decree No. 30/2013/ND-CP of April 12, 2012, on the organization and operation of social funds and charity funds.

Article 1. Scope of regulation and subjects of application

1. This Circular details and guides a number of articles of the Government’s Decree No. 30/1012/ND-CP of April 12, 2012, on the organization and operation of social funds and charity funds (below referred to as Decree No. 30/2012/ND-CP).

2. This Circular applies to social funds, charity funds and citizens and organizations involved in the organization and operation of social funds and charity funds as prescribed in Decree No. 30/2012/ND-CP.

Article 2. Establishment of funds under testaments or at the request of asset donors under authorization contracts

1. For the establishment of a fund under a testament, the bequeather’s testament leaving an estate for a Vietnamese citizen or organization accompanied with an obligation to establish a fund must be made in writing and lawfully notarized or authenticated.

2. The establishment of a fund at the request of an asset donor under an authorization contract means donation by a person of his/her assets to a donee (a citizen or an organization) on the condition that the donee shall establish a fund under an authorization contract as a fund founder. The authorization contract must be made in writing and lawfully notarized.

3. In case the number of citizens or organizations inheriting or receiving an asset is less than the number of founding members of a fund as prescribed in Clause 2, Article 9 of Decree No. 30/2012/ND-CP, such citizens or organizations shall add new founding members to the prescribed number. Added founding members are not required to contribute assets to the fund under Clause 1, Article 9 of Decree No. 30/2012/ND-CP.

Article 3. Establishment of legal entities affiliated to funds

1. When a fund needs and is qualified to establish an affiliated legal entity to operate in the fields suitable to the fund charter recognized by a competent state agency for which conditions, procedures, order, dossiers and agency for operation licensing (operation registration certificate, business license or other forms) are already prescribed by law, the fund may decide to establish such legal entity and notify such to competent state agencies defined in Article 16 of Decree No. 30/2012/ND-CP.

2. Contents of notification include:

a/ Name of the legal entity;

b/ Address of the legal entity’s head office;

c/ Operation scope and fields of the legal entity;

d/ Full name and permanent resident address of the at-law representative of the legal entity;

dd/ Decision on establishment of the legal entity (the original);

e/ Copies of the following documents: the regulation on organization and operation of the legal entity; the decision on appointment of  the head of the legal entity; and the operation license granted by a competent state agency (if any).

Article 4. Founding members and members of Fund Management Councils

1. A fund founding member who is managed by a competent agency shall obtain such competent agency’s written consent under regulations on personnel management responsibility before being submitted to a state management agency defined in Article 16 of Decree No. 30/2012/ND-CP for the grant of an establishment license and recognition of the fund regulations.

2. Those who are managed by a competent agency and expected to be act as members of the Fund Management Council shall obtain such competent agency’s written consents under regulations on personnel management responsibility before the election of the Fund Management Council or submission to a state management agency defined in Article 16 of Decree No. 30/2012/ND-CP for recognition. The chairman of the Fund Management Council has the same term of office as the Fund Management Council.

Article 5. Suspension of use of seals of funds

1. A competent agency defined in Article 16 of Decree No. 30/2012/ND-CP may decide to suspend the use of the seal of a fund when the fund is suspended from operation in accordance with law.

2. A fund may continue using its seal when the competent agency decides to permit it to resume its operation after the operation suspension duration.

Article 6. Guidance on document presentation forms

1. To promulgate together with this Circular:

a/ A list of document presentation forms applicable to funds and Vietnamese citizens and organizations (Appendix I);

b/ A list of document presentation forms applicable to state management agencies (Appendix II).

2. Document format and presentation techniques are prescribed in the Ministry of Home Affairs’ Circular No. 01/2011/TT-BNV of January 19, 2011, guiding the administrative document format and presentation techniques.

Article 7. Effect

1. This Circular takes effect on June 1, 2013.

2. This Circular replaces the Minister of Home Affairs’ Circular No. 09/2008/TT-BNV of December 31, 2008, guiding a number of articles of the Government’s Decree No. 148/2007/ND-CP of September 25, 2007, on the organization and operation of social funds and charity funds.

Article 8. Implementation responsibility

1.  Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and social funds and charity funds shall implement this Circular.

2. Any problems arising in the course of implementation should be promptly reported to the Ministry of Home Affairs for consideration, amendment and supplementation.-

For the Minister of Home Affairs
Deputy Minister
NGUYEN TIEN DINH