Circular No. 04/2020/TT-BNV guiding the Decree No. 93/2019/ND-CP

CIRCULAR

Detailing and guiding a number of articles of the Government’s Decree No. 93/2019/ND-CP of November 25, 2019, on the organization and operation of social funds and charity funds^[1]

Pursuant to the Government’s Decree No. 34/2017/ND-CP of April 3, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Home Affairs;

Pursuant to the Government’s Decree No. 93/2019/ND-CP of November 25, 2019, on the organization and operation of social funds and charity funds;

At the proposal of the Director of the Department of Non-Governmental Organizations;

The Minister of Home Affairs promulgates the Circular detailing and guiding a number of articles of the Government’s Decree No. 93/2019/ND-CP of November 25, 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. 93/2019/ND-CP of November 25, 2019, on the organization and operation of social funds and charity funds (below referred to as Decree No. 93/2019/ND-CP).

2. This Circular applies to social funds and charity funds (below collectively referred to as funds) and individuals and organizations involved in the organization and operation of funds in accordance with Decree No. 93/2019/ND-CP.

Article 2. Notification of the establishment of legal persons attached to funds

1. Within 30 days after a fund establishes its attached legal person under Article 33 of Decree No. 93/2019/ND-CP, the fund shall send a notification dossier to a competent state agency as specified in Article 18 of Decree No. 93/2019/ND-CP.

2. A notification dossier must comprise:

a/ The original decision on the establishment of the legal person and a copy of the operation license;

b/ Copies of the following documents: the charter, internal rules or, regulation on organization and operation of the legal person; the decision on appointment of the head of the legal person.

Article 3. Members of fund management boards

Members of fund management boards who are managed by competent agencies shall obtain such agencies’ written consent under regulations on decentralization of powers for personnel management before sending their dossiers to state management agencies for recognition as specified in Article 18 of Decree No. 93/2019/ND-CP.

Article 4. Promulgation of and guidance on document forms

1. Lists of document forms:

a/ A list of document forms applicable to funds and related individuals and organizations (Appendix I);

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

2. Document presentation formats and techniques must comply with the Government’s Decree No. 30/2020/ND-CP of March 5, 2020, on clerical work.

Article 5. Effect

1. This Circular takes effect on December 1, 2020.

2. This Circular replaces the Minister 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.

Article 6. Implementation responsibility

1. In case a social-charitable fund has its establishment license granted and its charter recognized by a competent state management agency before the effective date of this Circular, at the end of the term of office of its management board as prescribed in its charter, the fund shall modify and supplement its charter and send the modified and supplemented charter to the competent state management agency for recognition as specified in Decree No. 93/2019/ND-CP and this Circular.

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

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

For the Minister of Home Affairs
Deputy Minister
TRAN ANH TUAN

* The appendices to this Circular are not translated.