Decree 58/2022/ND-CP registration and management of foreign non-governmental organizations

  • Summary
  • Content
  • Status
  • Vietnamese
  • Download
Save

Please log in to use this function

Send link to email

Please log in to use this function

Error message
Font size:

ATTRIBUTE

Decree No. 58/2022/ND-CP dated August 31, 2022 of the Government on registration and management of operation of foreign non-governmental organizations in Vietnam
Issuing body: GovernmentEffective date:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Official number:58/2022/ND-CPSigner:Pham Binh Minh
Type:DecreeExpiry date:Updating
Issuing date:31/08/2022Effect status:
Known

Please log in to a subscriber account to use this function.

Don’t have an account? Register here

Fields:Foreign affairs

SUMMARY

Prohibited acts for foreign non-governmental organizations

On August 31, 2022, the Government issues the Decree No. 58/2022/ND-CP on registration and management of foreign non-governmental organizations in Vietnam.

Accordingly, a foreign non-governmental organization that is granted with an operation registration certificate must satisfy the following conditions: Having a valid legal status according to the law provisions of the country or territory it is established; Having clear charters, principles, and goals that match Vietnam’s interests and needs; Providing details about its planned programs, projects, and non-project activities to assist development and humanitarian aid in Vietnam in 3 years; Proposing its representative in Vietnam.

The maximum validity period of an operation registration certificate is 3 years from the date of issuance. A registration certificate’s validity period must not be longer than the operation registration duration of the foreign non-governmental organization as prescribed by the law of the country where it is established.

Besides, the Decree also prescribes prohibited acts for foreign non-governmental organizations, including organizing, carrying out, participating in, or financing religious activities and others that are non-compliant with national interests, or infringe national defense and security, social order and security of Vietnam; organizing, carrying out or participating in activities for profit, not for humanitarian aid or development assistance purposes, etc.

This Decree takes effect from November 01, 2022.

For more details, click here.
Download files here.
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known
TTXVN

THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 58/2022/ND-CP

 

Hanoi, August 31, 2022

 

DECREE

On registration and management of operation of foreign non-governmental organizations in Vietnam[1]

 

Pursuant to the June 19, 2015 Law on Organization of the Government;

Pursuant to the June 19, 2015 Law on Organization of Local Administration;

Pursuant to the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents, and the June 18, 2020 Law Amending and Supplementing a Number of Articles of the Law on Promulgation of Legal Documents;

At the proposal of the Minister of Foreign Affairs,

The Government promulgates the Decree on registration and management of operation of foreign non-governmental organizations in Vietnam.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the registration of operation of foreign non-governmental organizations in Vietnam (below referred to as foreign non-governmental organizations) and responsibilities of related agencies and organizations in the grant of registration certificates for, and management of operation of, foreign non-governmental organizations.

 

Article 2. Subjects of application

1. This Decree applies to foreign non-governmental organizations that provide development assistance and humanitarian aid for non-profit purposes or other purposes in Vietnam.

2. This Decree applies to related central agencies and organizations, provincial-level People’s Committees and Vietnamese partners.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Foreign non-governmental organization means a non-profit organization, social fund, or private fund which is established under foreign law; has lawful funding sources from abroad; provides development assistance and humanitarian aid in Vietnam for non-profit purposes or other purposes; and does not make financial contributions, mobilize donations or raise funds from Vietnamese organizations and individuals.

2. Vietnamese partner means an agency or organization which is established under Vietnam’s law, and signs a cooperation agreement with a foreign non-governmental organization or receives aid from a foreign non-governmental organization in order to implement programs, projects and non-project activities in Vietnam.

3. Registration certificate means a written certification issued by a competent agency to a foreign non-governmental organization that has registered operation under this Decree. A registration certificate takes the form of operation registration certificate or representative office establishment registration certificate.

4. Representative office means a unit affiliated to a foreign non-governmental organization which is tasked to act as an authorized representative of such foreign non-governmental organization.

5. Representative or head of a representative office means an official representative of a foreign non-governmental organization who shall take responsibility before law and state management agencies of Vietnam for all activities of such foreign non-governmental organization. Representative or head of a representative office may be a foreign national or a Vietnamese citizen.

Article 4. Policies of the Vietnamese Government toward foreign non-governmental organizations

1. To encourage, and create favorable conditions for, foreign non-governmental organizations to carry out development assistance and humanitarian aid activities.

2. To guarantee the lawful rights and interests of foreign non-governmental organizations.

3. To effectively manage the operation of foreign non-governmental organizations in accordance with Vietnam’s law and treaties to which Vietnam is a contracting party.

Article 5. Prohibited acts for foreign non-governmental organizations

1. Organizing, carrying out, participating in, or financing religious activities and other activities not conforming to national interests, violating law or infringing upon national defense, security or social order and safety of Vietnam.

2. Organizing, carrying out or participating in activities for profit purposes but  not for development assistance or humanitarian aid purposes.

3. Financing activities that are aimed at undermining or overthrowing the administration in other countries, or financing terrorist organizations and terrorist activities.

4. Organizing, participating in, or financing money laundering activities or related activities.

5. Organizing, participating in, or financing other activities that go against social ethics, fine customs and practices or national traditions or cultural identities and undermine the great national unity of Vietnam.

Article 6. Database on foreign non-governmental organizations

1. Database on foreign non-governmental organizations is a collection of information on foreign non-governmental organizations and operation of foreign non-governmental organizations for storing and sharing information on foreign non-governmental organizations that register operation under Vietnam’s law.

2. The database on foreign non-governmental organizations shall be connected with the National Public Service Portal, the Ministry of Foreign Affairs’ Public Service Portal, national databases and databases of ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees to support the settlement of administrative procedures in the registration and management of operation of foreign non-governmental organizations.

3. Information in the database on foreign non-governmental organizations:

a/ Information in the database on foreign non-governmental organizations includes:

- Information created when foreign non-governmental organizations register their operation in Vietnam;

- Copies or electronic documents with valid digital signatures, of dossiers for grant, extension, modification, supplementation, and re-grant of registration certificates;

- Periodical and extraordinary reports;

- Other relevant information (if any).

b/ Information in the database on foreign non-governmental organizations shall be created from the following sources:

- Information provided by foreign non-governmental organizations in dossiers for grant, extension, modification, supplementation, and re-grant of registration certificates;

- Information updated by foreign non-governmental organizations to the database;

- Information provided by Vietnamese management agencies;

- Information digitalized and standardized from registration certificates;

- Information shared, converted or standardized from the existing databases.

4. Principles of establishment, updating, management, exploitation and use of the database on foreign non-governmental organizations:

a/ Information in the database on foreign non-governmental organizations shall be sufficiently and accurately stored; and be properly and effectively exploited and used in accordance with Vietnam’s law;

b/ The database on foreign non-governmental organizations shall be strictly and safely protected in accordance with law; must comply with standards and technical regulations on information technology; and must ensure ​compatibility, safety and uninterruptedness in the entire system of databases.

5. Management and exploitation of, and provision of information for, the database on foreign non-governmental organizations:

a/ The Ministry of Foreign Affairs shall assume the prime responsibility for establishing and operating the database on foreign non-governmental organizations; promulgate the Regulation on management, exploitation and operation of the database on foreign non-governmental organizations, and provide guidance on online performance of administrative procedures after such database is established and put into operation; and grant codes and identification accounts for competent state management agencies, provincial-level People’s Committees, the standing body of the Committee for Foreign Non-Governmental Organization Affairs, and foreign non-governmental organizations that have been granted registration certificates for the latter to log in the database on foreign non-governmental organizations;

b/ Competent state management agencies, provincial-level People’s Committees, the standing body of the Committee for Foreign Non-Governmental Organization Affairs, and foreign non-governmental organizations that have been granted registration certificates may log in and exploit the database on foreign non-governmental organizations;

c/ The Ministry of Foreign Affairs, competent state management agencies, provincial-level People’s Committees, the standing body of the Committee for Foreign Non-Governmental Organization Affairs, and foreign non-governmental organizations that have been granted registration certificates shall regularly update information to the database on foreign non-governmental organizations.

 

Chapter II

COMPETENCE TO GRANT, EXTEND, MODIFY, SUPPLEMENT, RE-GRANT AND REVOKE REGISTRATION CERTIFICATES, AND SUSPEND OR TERMINATE OPERATION OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS, OPERATION AREAS AND FIELDS OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS, VALIDITY PERIOD OF REGISTRATION CERTIFICATES

Article 7. Competence to grant, extend, modify, supplement, re-grant and revoke registration certificates, and suspend or terminate operation of foreign non-governmental organizations

The Ministry of Foreign Affairs has the competence to grant, extend, modify, supplement, re-grant or revoke registration certificates, and suspend or terminate operation of foreign non-governmental organizations.

Article 8. Operation areas and fields of foreign non-governmental organizations

1. Foreign non-governmental organizations may operate in the areas and fields stated in their registration certificates.

2. A foreign non-governmental organization may base only 1 representative office in Hanoi, Da Nang city or Ho Chi Minh City.

3. Foreign non-governmental organizations’ representative offices may not be located in the head offices of the Party’s or State’s agencies or socio-political organizations of Vietnam.

Article 9. Validity period of registration certificates

1. An operation registration certificate is valid for no more than 3 years from the date of its grant. A representative office establishment registration certificate is valid for no more than 5 years from the date of its grant. The validity period of a registration certificate must not exceed the operation registration duration of a foreign non-governmental organization specified in the law of the country where such organization is established.

2. A registration certificate shall be extended for a period depending on its type but not exceeding the operation registration duration of a foreign non-governmental organization specified in the law of the country where such organization is established.

Chapter III

CONDITIONS, ORDER AND PROCEDURES FOR GRANT, EXTENSION, MODIFICATION, SUPPLEMENTATION AND RE-GRANT OF REGISTRATION CERTIFICATES

Section 1

CONDITIONS, ORDER AND PROCEDURES FOR GRANT, EXTENSION, MODIFICATION, SUPPLEMENTATION AND RE-GRANT OF OPERATION REGISTRATION CERTIFICATES

Article 10. Conditions for grant of operation registration certificates

A foreign non-governmental organization may be granted an operation registration certificate when satisfying the following conditions:

1. Having the legal person status in accordance with the law of the country or territory where such organization is established.

2. Having a charter, principles and purposes of operation that are clear and conformable with interests and needs of Vietnam.

3. Making specific proposals on planned programs, projects and non-project activities for providing development assistance and humanitarian aid in Vietnam for 3 years.

4. Nominating its representative based in Vietnam.

Article 11. Order and procedures for grant of operation registration certificates

1. A foreign non-governmental organization shall hand-deliver or send by post or online to the Committee for Foreign Non-Governmental Organization Affairs 1 set of dossier of application for an operation registration certificate, which must comprise:

a/ One application for an operation registration certificate, made according to Form No. 03a provided in the Appendix to this Decree;

b/ One copy of the charter and 1 copy of the document proving the legal person status of the foreign non-governmental organization;

c/ One sheet listing in detail programs, projects and non-project activities expected to be implemented in Vietnam for 3 years;

d/ One set of documents of request for approval of a representative of the foreign non-governmental organization, which must comprise:

- One appointment decision signed by the head of the foreign non-governmental organization and sealed;

- One paper showing biography of the nominated representative;

- One criminal records certificate of the nominated representative, issued by a competent authority of his/her country of citizenship or the country where he/she has permanently resided for the last 6 months;

- One copy of the valid passport, in case the nominated representative is a foreigner; or 1 copy of the valid passport, people’s identity card or citizen’s identity card, in case the nominated representative is a Vietnamese citizen.

The above documents, which are in foreign languages, must be consularly legalized, enclosed with their Vietnamese translations certified in accordance with Vietnam’s law, unless they are exempted from consular legalization under treaties to which Vietnam is a contracting party or on the principle of reciprocity.

2. Within 2 working days, the Committee for Foreign Non-Governmental Organization Affairs shall check the components of the dossier submitted by the foreign non-governmental organization against those specified in Clause 1 of this Article and request the foreign non-governmental organization to supplement the dossier if deeming it necessary.

3. Within 2 working days after receiving a complete dossier, the Committee for Foreign Non-Governmental Organization Affairs shall send a written request for opinion to the Ministry of Public Security, Ministry of Planning and Investment, Ministry of Home Affairs, Ministry of Finance, State Bank of Vietnam, the ministry or ministerial-level agency performing the specialized state management of the field in which the foreign non-governmental organization wishes to register operation, the provincial-level People’s Committee of the locality where the foreign non-governmental organization wishes to carry out its activities, and the agency approving the receipt of aid from the foreign non-governmental organization.

4. Within 10 working days after receiving the request from the Committee for Foreign Non-Governmental Organization Affairs, the consulted agencies shall give their written opinions.

5. Within 2 working days after receiving opinions of the consulted agencies, the Committee for Foreign Non-Governmental Organization Affairs shall send the foreign non-governmental organization’s dossier specified in Clause 1 of this Article and such opinions to the Ministry of Foreign Affairs for appraisal.

6. Within 10 working days after receiving a complete dossier from the foreign non-governmental organization as specified in Clause 1 of this Article and opinions of the consulted agencies, the Ministry of Foreign Affairs shall appraise the dossier and decide to grant or refuse to grant an operation registration certificate, and notify such to the Committee for Foreign Non-Governmental Organization Affairs. The operation registration certificate shall be made according to Form No. 01 provided in the Appendix to this Decree. The appraisal shall be carried out by summarizing written opinions or holding a meeting to appraise the following contents:

a/ The legality and completeness of the dossier;

b/ The conformity of the purposes and principles of operation of the foreign non-governmental organization with guidelines and policies of Vietnam as well as specific development targets of related ministries, sectors and localities;

c/ The legal person status and operation process of the foreign non-governmental organization;

d/ Records and resume of the representative;

dd/ Efficiency and impacts in terms of socio-economic affairs, security and social order of the activities of the foreign non-governmental organization.

7. Within 30 working days after receiving a complete and valid dossier from the foreign non-governmental organization as specified in Clause 1 of this Article, the Committee for Foreign Non-Governmental Organization Affairs shall hand-deliver or send by post the operation registration certificate to the foreign non-governmental organization. In case the dossier is rejected, the Committee for Foreign Non-Governmental Organization Affairs shall notify such in writing, clearly stating the reason.

Article 12. Order and procedures for extension of operation registration certificates

1. At least 60 days before the date of expiration of its operation registration certificate, a foreign non-governmental organization shall hand-deliver or send by post or online to the Committee for Foreign Non-Governmental Organization Affairs 1 set of dossier of request for extension of an operation registration certificate, which must comprise:

a/ One written request for extension of an operation registration certificate, made according to Form No. 03a provided in the Appendix to this Decree;

b/ One original of the operation registration certificate;

c/ One brief report on the foreign non-governmental organization’s activities already implemented in Vietnam in the last 3 years and its specific operation plan to be implemented for the next 3 years;

The above documents, which are in foreign languages, must be enclosed with their Vietnamese translations certified in accordance with Vietnam’s law.

2. The order and procedures for extension of an operation registration certificate must comply with Clauses 2 thru 7, Article 11 of this Decree.

Article 13. Order and procedures for modification, supplementation and re-grant of operation registration certificates

1. A foreign non-governmental organization shall hand-deliver or send by post or online to the Committee for Foreign Non-Governmental Organization Affairs 1 set of dossier of request for modification, supplementation or re-grant of an operation registration certificate, which must comprise:

a/ One written request clearly showing contents requested to be modified or supplemented, or stating the reason for re-grant of the certificate (the certificate is lost, rumpled or damaged), made according to Form No. 03b provided in the Appendix to this Decree;

b/ One original of the operation registration certificate in case of request for modification, supplementation or re-grant of the certificate as it is rumpled or damaged; or 1 copy of the operation registration certificate in case of request for re-grant of the certificate as its original is lost;

c/ Documents related to the contents to be modified or supplemented or related to the re-grant of the certificate.

2. Within 2 working days, the Committee for Foreign Non-Governmental Organization Affairs shall check the components of the dossier submitted by the foreign non-governmental organization against those specified in Clause 1 of this Article and, when deeming it necessary, request the foreign non-governmental organization to supplement the dossier. In case of request for re-grant of an operation registration certificate, the Committee for Foreign Non-Governmental Organization Affairs shall check the contents of the dossier of the foreign non-governmental organization.

3. Within 2 working days after receiving a complete dossier from the foreign non-governmental organization as specified in Clause 1 of this Article, the Committee for Foreign Non-Governmental Organization Affairs shall send a written request to ministries, ministerial-level agencies, government-attached agencies, the provincial-level People’s Committee of the locality where the foreign non-governmental organization registers its activities to be carried out, and the agency approving the receipt of aid from the foreign non-governmental organization for seeking the latter’s opinions on the to-be-modified or -supplemented contents of the operation registration certificate.

4. Within 10 working days after receiving the request from the Committee for Foreign Non-Governmental Organization Affairs, the consulted agencies shall give their written opinions.

5. Within 2 working days after receiving opinions from the consulted agencies, the Committee for Foreign Non-Governmental Organization Affairs shall transfer the dossier of the foreign non-governmental organization as specified in Clause 1 of this Article and such opinions to the Ministry of Foreign Affairs for appraisal.

6. Within 7 working days after receiving a complete dossier from the foreign non-governmental organization as specified in Clause 1 of this Article and opinions of the consulted agencies, the Ministry of Foreign Affairs shall appraise the dossier and decide to modify, supplement or re-grant or refuse to modify, supplement or re-grant the operation registration certificate, and notify such to the Committee for Foreign Non-Governmental Organization Affairs. The appraisal shall be conducted by summarizing written opinions or organizing a meeting to appraise the contents to be modified or supplemented or those related to the re-grant of the operation registration certificate. The modified, supplemented or re-granted operation registration certificate shall be made according to Form No. 01 provided in the Appendix to this Decree.

7. Within 25 working days after receiving a complete and valid dossier of the foreign non-governmental organization as specified in Clause 1 of this Article, the Committee for Foreign Non-Governmental Organization Affairs shall hand-deliver or send by post the modified, supplemented or re-granted operation registration certificate to the foreign non-governmental organization. In case the dossier is rejected, the Committee for Foreign Non-Governmental Organization Affairs shall notify such in writing, clearly stating the reason.

Section 2

CONDITIONS, ORDER AND PROCEDURES FOR GRANT, EXTENSION, MODIFICATION, SUPPLEMENTATION AND RE-GRANT OF REPRESENTATIVE OFFICE ESTABLISHMENT REGISTRATION CERTIFICATES

Article 14. Conditions for grant of representative office establishment registration certificates

A foreign non-governmental organization shall be granted a representative office establishment registration certificate if satisfying the following conditions:

1. Having the legal person status in accordance with the law of the country or territory where the foreign non-governmental organization is established.

2. Having a charter, principles and purposes of operation that are clear and conformable with Vietnam’s interests and needs.

3. Making a commitment on long-term operation in Vietnam and listing in detail programs and projects to be implemented in Vietnam for at least 5 years in one or more than one locality which, with their size and nature, require regular and on-the-spot administration and supervision.

4. Nominating the head of its representative office based in Vietnam.

Article 15. Order and procedures for grant of representative office establishment registration certificates

1. A foreign non-governmental organization shall hand-deliver or send by post or online to the Committee for Foreign Non-Governmental Organization Affairs 1 set of dossier of application for a representative office establishment registration certificate, which must comprise:

a/ One application for a representative office establishment registration certificate, made according to Form No. 03a provided in the Appendix to this Decree;

b/ One copy of the foreign non-governmental organization’s charter and 1 copy of the paper proving its legal person status;

c/ One sheet listing in detail programs and projects to be implemented in Vietnam for at least 5 years in one or more than one locality which, with their size and nature, require regular and on-the-spot administration and supervision;

d/ One sheet listing in detail programs, projects and non-project activities already implemented for 3 consecutive years before the time of submission of the dossier (if any);

dd/ One set of documents of request for approval of the head of the representative office, which must comprise:

- One appointment decision signed by the head of the foreign non-governmental organization and sealed;

- One paper showing biography of the nominated head of the representative office;

- One criminal records certificate of the nominated head of the representative office, issued by the competent authority of the country of his/her citizenship or the country where he/she has permanently resided for the last 6 months;

- One copy of the valid passport if the nominated head of the representative office is a foreigner; or 1 copy of the valid passport, people’s identity card or citizen identity card if the nominated head of the representative office is a Vietnamese citizen;

The above documents, which are in foreign languages, must be consularly legalized and enclosed with their Vietnamese translations certified in accordance with Vietnam’s law, unless they are exempt from consular legalization under treaties to which Vietnam is a contracting party or on the principle of reciprocity.

2. Within 2 working days, the Committee for Foreign Non-Governmental Organization Affairs shall check the components of the dossier of the foreign non-governmental organization against those specified in Clause 1 of this Article and, when deeming it necessary, request the foreign non-governmental organization to supplement the dossier.

3. Within 2 working days after receiving a complete dossier from the foreign non-governmental organization as specified in Clause 1 of this Article, the Committee for Foreign Non-Governmental Organization Affairs shall send a written request for opinion to the Ministry of Public Security, Ministry of Planning and Investment, Ministry of Home Affairs, Ministry of Finance, State Bank of Vietnam, the ministry or ministerial-level agency performing the specialized state management of the field in which the foreign non-governmental organization registers its activities to be carried out, the provincial-level People’s Committee of the locality where the foreign non-governmental organization registers its activities to be carried out and bases the head office of its representative office, and the agency approving the receipt of aid from the foreign non-governmental organization.

4. Within 10 working days after receiving the request from the Committee for Foreign Non-Governmental Organization Affairs, the consulted agencies shall give their written opinions.

5. Within 2 working days after receiving the opinions from the consulted agencies, the Committee for Foreign Non-Governmental Organization Affairs shall transfer the dossier of the foreign non-governmental organization as specified in Clause 1 of this Article and such opinions to the Ministry of Foreign Affairs for appraisal.

6. Within 10 working days after receiving a complete dossier from the foreign non-governmental organization as specified in Clause 1 of this Article and opinions of the consulted agencies, the Ministry of Foreign Affairs shall appraise the dossier and decide to grant or refuse to grant a representative office establishment registration certificate and notify such to the Committee for Foreign Non-governmental Organization Affairs. A representative office establishment registration certificate shall be made according to Form No. 02 provided in the Appendix to this Decree. The appraisal shall be conducted by summarizing written opinions or organizing a meeting to appraise the following contents:

a/ The legality and completeness of the dossier;

b/ The conformity of the operation purposes and principles of the foreign non-governmental organization with Vietnam’s guidelines and policies and the specific development targets of related ministries, sectors and localities;

c/ The legal person status and operation process of the foreign non-governmental organization;

d/ Records and resume of the head of the representative office;

dd/ Efficiency and impacts in terms of socio-economic affairs, security and social order of activities of the foreign non-governmental organization.

7. Within 30 working days after receiving a complete and valid dossier from the foreign non-governmental organization as specified in Clause 1 of this Article, the Committee for Foreign Non-Governmental Organization Affairs shall hand-deliver or send by post the representative office establishment registration certificate to the foreign non-governmental organization. In case the dossier is rejected, the Committee for Foreign Non-Governmental Organization Affairs shall notify such in writing, clearly stating the reason.

Article 16. Order and procedures for extension of representative office establishment registration certificates

1. At least 60 days before the date of expiration of its representative office establishment registration certificate, a foreign non-governmental organization shall hand-deliver or send by post or online to the Committee for Foreign Non-Governmental Organization Affairs 1 set of dossier of request for extension of the representative office establishment registration certificate, which must comprise:

a/ One written request for extension of the representative office establishment registration certificate, made according to Form No. 03a provided in the Appendix to this Decree;

b/ One original of the representative office establishment registration certificate;

c/ One brief report on the foreign non-governmental organization’s activities already implemented in Vietnam during the validity period of the representative office establishment registration certificate, and its specific operation plan for the next 5 years.

The above documents, which are in foreign languages, must be enclosed with their Vietnamese translations certified in accordance with Vietnam’s law.

2. The order and procedures for extension of representative office establishment registration certificates must comply with Clauses 2 thru 7, Article 15 of this Decree.

Article 17. Order and procedures for modification, supplementation and re-grant of representative office establishment registration certificates

1. A foreign non-governmental organization shall hand-deliver or send by post or online to the Committee for Foreign Non-Governmental Organization Affairs 1 set of dossier of request for modification, supplementation or re-grant of a representative office establishment registration certificate, which must comprise:

a/ One written request clearly stating the contents to be modified or supplemented, or the reason for re-grant of the certificate (the certificate is lost, rumpled or damaged), made according to Form No. 03b provided in the Appendix to this Decree;

b/ One original of the representative office establishment registration certificate in case of request for modification, supplementation or re-grant of the certificate as it is rumpled or damaged; or 1 copy of the representative office establishment registration certificate in case of request of re-grant of the certificate as its original is lost;

c/ Documents related to the contents to be modified or supplemented or related to the re-grant of the certificate.

2. Within 2 working days, the Committee for Foreign Non-Governmental Organization Affairs shall check the components of the dossier submitted by the foreign non-governmental organization against those specified in Clause 1 of this Article and, when deeming it necessary, request the foreign non-governmental organization to supplement the dossier. In case of request for re-grant of a representative office establishment registration certificate, the Committee for Foreign Non-Governmental Organization Affairs shall check the contents of the dossier of the foreign non-governmental organization.

3. Within 2 working days after receiving a complete dossier from the foreign non-governmental organization as specified in Clause 1 of this Article, the Committee for Foreign Non-Governmental Organization Affairs shall send a written request to ministries, ministerial-level agencies, government-attached agencies, the provincial-level People’s Committee of the locality where the foreign non-governmental organization registers its activities to be carried out and bases the head office of its representative office (in case of change of the head office of its representative office), and the agency approving the receipt of aid from the foreign non-governmental organization for seeking the latter’s opinions on the to be-modified or -supplemented contents of the representative office establishment registration certificate.

4. Within 10 working days after receiving the request from the Committee for Foreign Non-Governmental Organization Affairs, the consulted agencies shall give their written opinions.

5. The Committee for Foreign Non-Governmental Organization Affairs shall transfer the dossier of the foreign non-governmental organization as specified in Clause 1 of this Article and opinions of the consulted agencies to the Ministry of Foreign Affairs for appraisal.

6. Within 7 working days after receiving a complete dossier from the foreign non-governmental organization as specified in Clause 1 of this Article and opinions of the consulted agencies, the Ministry of Foreign Affairs shall appraise the dossier and decide to modify, supplement or re-grant or refuse to modify, supplement or re-grant the representative office establishment registration certificate, and notify such to the Committee for Foreign Non-Governmental Organization Affairs. The appraisal shall be conducted by summarizing written opinions or organizing a meeting to appraise the contents to be modified or supplemented or those related to the re-grant of the representative office establishment registration certificate. The modified, supplemented or re-granted representative office establishment registration certificate shall be made according to Form No. 02 provided in the Appendix to this Decree.

7. Within 25 working days after receiving a complete and valid dossier from the foreign non-governmental organization as specified in Clause 1 of this Article, the Committee for Foreign Non-Governmental Organization Affairs shall hand-deliver or send by post the modified, supplemented or re-granted representative office establishment registration certificate to the foreign non-governmental organization. In case the dossier is rejected, the Committee for Foreign Non-Governmental Organization Affairs shall notify such in writing, clearly stating the reason.

 

Chapter IV

SUSPENSION OR TERMINATION OF OPERATION AND REVOCATION OF REGISTRATION CERTIFICATES OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS

Article 18. Suspension of operation

1. A foreign non-governmental organization shall be subject to suspension of its operation in the following cases:

a/ Continuing its operation though its registration certificate has expired;

b/ Operating in the fields and areas other than those specified in its registration certificate;

c/ Using or notifying information about its transaction accounts which are different from the registered transaction accounts.

2. Upon detecting that a foreign non-governmental organization commits violations or upon request of the competent state agency, the Ministry of Foreign Affairs shall consider issuing a decision on the suspension of operation of the foreign non-governmental organization after consulting related state management agencies. The consultation shall be carried out by organizing a meeting or sending a written request for opinion to related state management agencies. In case the Ministry of Foreign Affairs sends a written request for opinion, within 10 working days after receiving the request, the consulted agencies shall send their written opinions to the Ministry of Foreign Affairs for summarization and decision. If there remain divergent opinions among the consulted agencies, the Ministry of Foreign Affairs shall organize a meeting to reach a consensus on such opinions. A decision on operation suspension shall be transferred to the Committee for Foreign Non-Governmental Organization Affairs for notification to the foreign non-governmental organization.

3. Within 5 working days after the issuance of the decision on operation suspension, the Committee for Foreign Non-Governmental Organization Affairs shall notify it to the foreign non-governmental organization.

4. Within 30 working days after receiving the decision on operation suspension, the foreign non-governmental organization shall remediate their violations stated in the decision and notify the remediation result to the Committee for Foreign Non-Governmental Organization Affairs.

Article 19. Termination of operation

1. A foreign non-governmental organization shall be subject to termination of operation and revocation of its registration certificate in the following cases:

a/ Committing one of the prohibited acts specified in Article 5 of this Decree;

b/ Having not operated for 12 consecutive months after being granted the registration certificate;

c/ Failing to remediate violations stated in the decision on operation suspension specified in Clause 4, Article 18 of this Decree.

2. When detecting that a foreign non-governmental organization commits violations or upon request of a competent state agency, the Ministry of Foreign Affairs shall consider issuing a decision on operation termination and revoke the registration certificate of such foreign non-governmental organization after consulting related state management agencies. The consultation shall be carried out by organizing a meeting or sending a written request for opinion. In case the Ministry of Foreign Affairs sends a written request for opinion, within 10 working days after receiving the request, the consulted agencies shall send their written opinions to the Ministry of Foreign Affairs for summarization and decision. If there remain divergent opinions among the consulted agencies, the Ministry of Foreign Affairs shall organize a meeting to reach a consensus on such opinions. The decision on termination of operation and revocation of the registration certificate of a foreign non-governmental organization shall be sent to the Committee for Foreign Non-Governmental Organization Affairs for notification to the foreign non-governmental organization.

3. Within 5 working days after the issuance of the decision on termination of operation and revocation of registration certificate, the Committee for Foreign Non-Governmental Organization Affairs shall notify its request for termination of operation to the foreign non-governmental organization and revoke the registration certificate.

4. Within 60 working days after receiving the decision on termination of operation and revocation of registration certificate, the foreign non-governmental organization shall settle matters related to its head office, housing, personnel, working means and financial obligations (if any) and matters related to organizations and individuals in accordance with Vietnam’s law.

5. In case the foreign non-governmental organization decides to terminate operation on its own, within 60 days before the expected date of official termination of its operation, the foreign non-governmental organization shall send a notice to the Ministry of Foreign Affairs and the Committee for Foreign Non-Governmental Organization Affairs, enclosed with the granted registration certificate, a report on asset and finance audit and fulfillment of related obligations in accordance with Vietnam’s law.

Chapter V

RIGHTS AND OBLIGATIONS OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS

Article 20. Rights of foreign non-governmental organizations

1. To be entitled to benefits and incentives on tax, goods import and work permit in accordance with Vietnam’s law.

2. To open and use payment accounts in Vietnam dong or foreign currencies at commercial banks or foreign bank branches licensed to operate in Vietnam for implementing programs, projects and non-project activities on development assistance and humanitarian aid in accordance with Vietnam’s law.

3. To receive money in foreign currencies or Vietnam dong via bank accounts in accordance with Vietnam’s law.

4. To transfer foreign currencies abroad to serve development assistance and humanitarian aid activities in accordance with Vietnam’s law.

5. To be commended for achievements in effectively implementing programs and projects in Vietnam in accordance with Vietnam’s law.

6. To terminate operation on their own when they no longer wish to continue operating in Vietnam.

Article 21. Obligations of foreign non-governmental organizations

1. To register operation and operate in accordance with Vietnam’s law. Violations committed by foreign non-government organizations shall be handled in accordance with Vietnam’s law.

2. To coordinate with Vietnamese partners in implementing activities according to the registered areas and fields stated in registration certificates.

3. Within 10 working days after obtaining its registration certificate, a foreign non-governmental organization shall notify the opening, use or change of its transaction account(s) in Vietnam.

4. Within 45 working days after receiving its granted, extended, modified or supplemented registration certificate, the foreign non-governmental organization shall notify its plan on operation organization to the provincial-level People’s Committee of the locality where the foreign non-governmental organization operates or is expected to operate.

5. To make annual and extraordinary reports on their operation and hand-deliver or send them by post or online to the Ministry of Foreign Affairs, Ministry of Planning and Investment, line ministries performing the state management of foreign non-governmental organizations, and the Committee for Foreign Non-Governmental Organization Affairs. Such a report shall be made according to Form No. 05 provided in the Appendix to this Decree. The deadline for report sending is the 18th of the last month of the reporting period. The data cutoff period is counted from December 15 of the year preceding the reporting period to December 14 of the reporting period.

6. To update information on foreign non-governmental organizations to the database on foreign non-governmental organizations within 10 days from the date of occurrence of a change.

 

Chapter VI

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES AND RELATED AGENCIES AND ORGANIZATIONS

Section 1

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

Article 22. Responsibilities of the Ministry of Foreign Affairs

1. To advise and propose to the Government and Prime Minister guidelines and policies on external affairs toward foreign non-governmental organizations.

2. To assume the prime responsibility for drafting and submitting to competent agencies for promulgation or promulgate according to its competence legal documents related to the registration and management of operation of foreign non-governmental organizations.

3. To assume the prime responsibility for appraising dossiers and grant, extend, modify, supplement and re-grant registration certificates, suspend and terminate operation, and revoke registration certificates of foreign non-governmental organizations.

4. To inspect and examine the compliance with regulations on registration and management of operation of foreign non-governmental organizations regulated by this Decree.

5. To monitor and urge the implementation of inspection and examination conclusions and request ministries, ministerial-level agencies and government-attached agencies to handle violations in accordance with Vietnam’s law.

6. To settle complaints and denunciations in accordance with Vietnam’s law.

7. To establish and operate the database on foreign non-governmental organizations.

8. To send to the Prime Minister annual and extraordinary reports on the registration and management of operation of foreign non-governmental organizations, connect and share data via the Government’s Reporting Information System and the Information Center of the Government and Prime Minister. Such a report shall be made according to Form No. 06 provided in the Appendix to this Decree. The deadline for report sending is the 25th of the last month of the reporting period. The data cutoff period is counted from December 15 of the year proceeding the reporting period to December 14 of the reporting period.

9. To perform other tasks related to registration and management of operation of foreign non-governmental organizations as assigned by the Government or Prime Minister.

10. To submit to the Prime Minister for promulgation a decision to consolidate the Committee for Foreign Non-Governmental Organization Affairs in accordance with this Decree.

Article 23. Responsibilities of ministries, ministerial-level agencies and government-attached agencies

1. General responsibilities:

a/ To coordinate in appraising dossiers for grant, extension, modification, supplementation and re-grant of registration certificates, and in the suspension and termination of operation and revocation of registration certificates, of foreign non-governmental organizations upon request;

b/ To guide and manage operation of foreign non-governmental organizations operating in the sectors and fields falling under the state management of ministries, ministerial-level agencies and government-attached agencies;

c/ To coordinate in carrying out inspection and examination of and handling violations committed by foreign non-governmental organizations in the fields falling under the management of ministries, ministerial-level agencies or government-attached agencies and in accordance with Vietnam’s law;

d/ To coordinate in building and operating the database on foreign non-governmental organizations;

dd/ To share information with provincial-level People’s Committees of localities where foreign non-governmental organizations’ programs and projects are implemented;

e/ To assign subordinate units to act as the focal points for managing operation of foreign non-governmental organizations according to its assigned functions and tasks;

g/ To take responsibility for the organization and operation of domestic non-governmental organizations with their operation registration certificates or business licenses granted by ministries, ministerial-level agencies or government-attached agencies under specialized laws that enter into cooperation with foreign non-governmental organizations;

h/ To make annual and extraordinary reports and hand-deliver or send them by post or online to the Ministry of Foreign Affairs and the Committee for Foreign Non-Governmental Organization Affairs for summarization and reporting to the Prime Minister. Such a report shall be made according to Form No. 04 provided in the Appendix to this Decree. The deadline for report sending is the 18th of the last month of the reporting period. The data cutoff period is counted from December 15 of the year proceeding the reporting period to December 14 of the reporting period.

2. Specific responsibilities:

a/ The Ministry of Public Security shall prevent and fight violations committed by foreign non-governmental organizations and perform the state management of security and order with regard to foreign non-governmental organizations; and coordinate with the Ministry of Foreign Affairs in protecting and storing information in the database on foreign non-governmental organizations;

b/ The Ministry of Planning and Investment shall manage, and guide the use of, aid of foreign non-governmental organizations;

c/ The Ministry of Home Affairs shall take responsibility for the organization and operation of domestic associations, social funds and charity funds, and religious organizations that enter into cooperation with foreign non-governmental organizations;

d/ The Ministry of Finance shall perform the state management of finance for foreign non-governmental aid amounts belonging to state budget revenues and provide guidance on financial management applicable to foreign non-governmental aid amounts not belonging to state budget revenues;

dd/ The State Bank of Vietnam shall perform the state management of the fields of banking, microfinance, money laundering prevention and combat and terrorism financing related to aid amounts of foreign non-governmental organizations.

Article 24. Responsibilities of provincial-level People’s Committees

1. To guide and manage operation of foreign non-governmental organizations in their localities.

2. To coordinate in appraising dossiers for grant, extension, modification, supplementation and re-grant of registration certificates, and in the suspension and termination of operation and revocation of registration certificates, of foreign non-governmental organizations upon request.

3. To coordinate in carrying out inspection and examination of and handling violations committed by foreign non-governmental organizations in localities in accordance with Vietnam’s law.

4. To coordinate in building and operating the database on foreign non-governmental organizations.

5. To assign their advisory agencies on external affairs to act as the focal point for advising on management of operation of foreign non-governmental organizations.

6. To make annual and extraordinary reports and hand-deliver or send them by post or online to the Ministry of Foreign Affairs and the Committee for Foreign Non-Governmental Organization Affairs for summarization and reporting to the Prime Minister. Such a report shall be made according to Form No. 04 provided in the Appendix to this Decree. The deadline for report sending is the 18th of the last month of the reporting period. The data cutoff period is counted from December 15 of the year preceding the reporting period to December 14 of the reporting period.

Section 2

RESPONSIBILITIES OF RELATED AGENCIES AND ORGANIZATIONS

Article 25. Responsibilities of the Committee for Foreign Non-Governmental Organization Affairs

The Committee for Foreign Non-Governmental Organization Affairs shall act as an interdisciplinary coordination mechanism with its standing body being the Vietnam Union of Friendship Organizations, having following tasks:

1. To study and propose to the Prime Minister orientations and solutions for solving important and interdisciplinary issues related to foreign non-governmental organization affairs.

2. To ensure coordination among ministries, ministerial-level agencies and government-attached agencies in solving problems related to foreign non-governmental organizations.

3. To contribute opinions on legal documents on foreign non-governmental organizations.

4. To receive dossiers, gather opinions from related ministries, sectors and localities, give opinions on dossiers for grant, extension, modification, supplementation and re-grant of registration certificates of foreign non-governmental organizations for forwarding to the Ministry of Foreign Affairs for appraisal, and notify results thereof to foreign non-governmental organizations.

5. To coordinate in carrying out inspection and examination of and handling violations committed by foreign non-governmental organizations in accordance with Vietnam’s law; to receive, and notify foreign non-governmental organizations of, decisions on operation suspension or decisions on operation termination; to revoke registration certificates of foreign non-governmental organizations.

6. To coordinate in building and operating the database on foreign non-governmental organizations.

7. To notify operation and fields and areas of operation of foreign non-governmental organizations to ministries, ministerial-level agencies, government-attached agencies, and related provincial-level People’s Committees.

8. To disseminate and provide information related to foreign non-governmental activities to Vietnamese partners and foreign non-governmental organizations.

9. To send to the Prime Minister annual and extraordinary reports on foreign non-governmental affairs, and connect and share data via the Government’s Reporting Information System and the Information Center of the Government and Prime Minister. Such a report shall be made according to Form No. 07 provided in the Appendix to this Decree. The deadline for report sending is the 25th of the last month of the reporting period. The data cutoff period is counted from December 15 of the year preceding the reporting period to December 14 of the reporting period.

10. To perform other tasks related to foreign non-governmental organization affairs assigned by the Prime Minister.

Article 26. Responsibilities of Vietnamese partners

To carry out cooperation activities with foreign non-governmental organizations according to the contents stated in the granted registration certificates of foreign non-governmental organizations and according to Vietnam’s law.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 27. Effect

This Decree takes effect on November 1, 2022, and replaces the Government’s Decree No. 12/2012/ND-CP of March 1, 2012, on registration and management of operation of foreign non-governmental organizations (below referred to as Decree No. 12/2012/ND-CP).

Article 28. Transitional provisions

1. From the effective date of this Decree, the registration certificates granted under Decree No. 12/2012/ND-CP remain valid until their expiry dates.

2. The project office establishment registration certificates granted under Decree No. 12/2012/ND-CP shall be modified, supplemented or re-granted under such Decree until their expiry dates, and shall then be considered for conversion into operation registration certificates or representative office establishment registration certificate under this Decree.

Article 29. Implementation responsibility

1. The Ministry of Foreign Affairs shall guide and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the Chairperson of the Committee for Foreign Non-Governmental Organization Affairs, chairpersons of provincial-level People’s Committees, the President of the Vietnam Union of Friendship Organizations, and heads of related agencies shall implement this Decree.-

On behalf of the Government
For the Prime Minister
Deputy Prime Minister
PHAM BINH MINH

* The Appendix to this Decree is not translated.-


[1] Công Báo Nos 705-706 (28/8/2022)

Please log in to a subscriber account to see the full text. Don’t have an account? Register here
Please log in to a subscriber account to see the full text. Don’t have an account? Register here
Processing, please wait...
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency

ENGLISH DOCUMENTS

Official Gazette
Decree 58/2022/NĐ-CP DOC (Word)

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

Decree 58/2022/NĐ-CP PDF

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

LuatVietnam's translation
Decree 58/2022/NĐ-CP DOC (Word)

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

Decree 58/2022/NĐ-CP PDF

This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here

* Note: To view documents downloaded from LuatVietnam.vn, please install DOC, DOCX and PDF file readers
For further support, please call 19006192

related news

SAME CATEGORY

loading