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

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Decree No. 58/2022/ND-CP dated August 31, 2022 of the Government on registration and management of foreign non-governmental organizations in Vietnam
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Official number:58/2022/ND-CPSigner:Pham Binh Minh
Type:DecreeExpiry date:Updating
Issuing date:31/08/2022Effect status:
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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.

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Effect status: Known

THE GOVERNMENT

______

No. 58/2022/ND-CP

 

THE SOCIALIST REPUBLIC OF VIETNAM

Independence - Freedom - Happiness

_______________________

Hanoi, August 31, 2022

DECREE

On registration and management of foreign non-governmental organizations in Vietnam

__________________

 

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

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

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

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

At the proposal of the Minister of Foreign Affairs,

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

 

Chapter I
GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree prescribes the registration of the operation of foreign non-governmental organizations in Vietnam (hereinafter referred to as foreign non-governmental organizations) and responsibilities of agencies and organizations involved in the grant of certificates of registration and management of foreign non-governmental organizations.

Article 2. Subjects of application

1. This Decree applies to foreign non-governmental organizations conducting activities in development assistance and humanitarian aid neither for profits nor other purposes in Vietnam.

2. This Decree applies to concerned central agencies and organizations, People's Committees of provinces and centrally-run cities 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 nonprofit organization, social fund, or a private fund, which is established under foreign laws and carries out development assistance and humanitarian aid activities not for profit or other purposes in Vietnam; does not make financial contribution, call for sponsorships or raise funds from Vietnamese organizations and individuals.

2. “Vietnamese partner” means an agency or organization which is established under Vietnamese laws, and has a coordination agreement with foreign non-governmental organizations or receives aid from foreign non-governmental organizations in order to deploy programs, projects and non-projects in Vietnam.

3. “Registration certificate” means a written certification granted by the competent agency to a foreign non-governmental organization that has its operation registered in accordance with this Decree. There are two types of registration certificates, including operation registration certificate and representative office registration certificate.

4. “Representative office” means a unit affiliated to the foreign non-governmental organization, acting as a representative under the foreign non-governmental organization's authorization.

5. “Representative, head of a representative office” means an official representative of a foreign non-governmental organization, who takes responsibility before the law and Vietnamese state management agencies for every activity of the foreign non-governmental organization. Representative, head of a representative office may be a foreign or 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 humanitarian aid and development assistance activities.

2. To protect legitimate rights and interests of foreign non-governmental organizations.

3. To effectively manage the operation of foreign non-governmental organizations in accordance with Vietnamese laws 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 others that are non-compliant with national interests, or infringe national defense and security, social order and security of Vietnam.

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

3. Financing activities against, or aimed at overthrowing the administration in other countries, terrorist organizations and terrorism activities.

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

5. Organizing, participating in, or financing other activities against social ethics, fine customs and traditions, cultural identity and the great national unity bloc of Vietnam.

Article 6. Database on foreign non-governmental organizations

1. A database on foreign non-governmental organizations means a collection of information about foreign non-governmental organizations and their operations in order to archive and share the information about foreign non-governmental organizations that have registered operation in accordance with Vietnamese laws.

2. The database on foreign non-governmental organizations shall be connected with the National Public Service Portal and the Ministry of Foreign Affairs’ public service portal, national database and databases of ministries, ministerial-level agencies, and government-attached agencies, People's Committees of provinces and centrally-run cities; serving the handling of administrative procedures related to registration and management of the operation of foreign non-governmental organizations.

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

a) A database on foreign non-governmental organizations shall have the following information:

- Information created when the foreign non-governmental organization register their operations in Vietnam;

- Copies or electronic versions with lawfully digital signatures of the dossiers of request for grant, extension, modification, supplementation or re-grant of registration certificates;

- Periodical and irregular reports;

- Other relevant information (if any).

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

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

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

- Information provided by Vietnamese management agencies;

- Information digitalized and standardized from registration certificates;

- Information shared, converted or standardized from existing databases.

4. Principles for developing, updating, managing, exploiting and using the database on foreign non-governmental organizations:

a) Information in the database on foreign non-governmental organizations shall be sufficiently and accurately archived; properly and effectively exploited and used in accordance with Vietnamese laws;

b) The database on foreign non-governmental organizations shall be strictly and safely protected as prescribed by law; must comply with technical regulations and standards on information technology; ensuring ​compatibility, safety without interruption for the database systems.

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

a) The Ministry of Foreign Affairs shall assume the prime responsibility for developing and operating the database on foreign non-governmental organizations; formulate the Regulation on management, exploitation and operation of the database on foreign non-governmental organizations and provide guidance on carrying out online administrative procedures after such database is developed and put into operation; grant codes and e-ID accounts for the competent State agencies, People's Committees of provinces and centrally-run cities, standing body of the Committee for Foreign Non-Governmental Organization Affairs and foreign non-governmental organizations that have been granted with registration certificates to log in the database on foreign non-governmental organizations;

b) Competent state management agencies, People's Committees of provinces and centrally-run cities, standing body of the Committee for Foreign Non-Governmental Organization Affairs and foreign non-governmental organizations that have been granted with registration certificates are allowed to log in and use the database on foreign non-governmental organizations;

c) The Ministry of Foreign Affairs, competent state management agencies, People's Committees of provinces and centrally-run cities, standing body of the Committee for Foreign Non-Governmental Organization Affairs and foreign non-governmental organizations that have been granted with registration certificates shall be responsible for regularly updating information into the database on foreign non-governmental organizations.

 

Chapter II

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

 

Article 7. Competence to grant, extend, modify, supplement, re-grant, suspend, terminate operation and revoke registration certificates

the Ministry of Foreign Affairs shall be competent to grant, extend, modify, supplement, re-grant, suspend, terminate operation and revoke registration certificates of foreign non-governmental organizations.

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

1. Foreign non-governmental organizations shall be entitled to operate in areas according to the fields stated in the registration certificates.

2. A foreign non-governmental organization may locate one representative office in Hanoi, Da Nang or Ho Chi Minh City.

3. A foreign non-governmental organization's representative office is not allowed to be located in the head office of a Party or State agency, or a socio-political organization of Vietnam.

Article 9. Validity period of a registration certificate

1. The maximum validity period of an operation registration certificate is 3 years from the date of issuance. The maximum validity period of a representative office registration certificate is 5 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.

2. A registration certificate’s validity period may be extended corresponding to the validity period of each type, but 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 was established.

 

Chapter III

CONDITIONS, ORDER AND PROCEDURES FOR GRANTING, EXTENDING, MODIFYING, SUPPLEMENTING OR RE-GRANTING REGISTRATION CERTIFICATES

 

Section 1

CONDITIONS, ORDER AND PROCEDURES FOR GRANTING, EXTENDING, MODIFYING, SUPPLEMENTING OR RE-GRANTING OPERATION REGISTRATION CERTIFICATES

 

Article 10. Conditions for grant of an operation registration certificate

A foreign non-governmental organization that is granted with an operation registration certificate must satisfy the following conditions:

1. Having a valid legal status according to the law provisions of the country or territory it was established.

2. Having clear charters, principles, and goals that match Vietnam’s interests and needs.

3. Providing details about its planned programs, projects, and non-project activities to assist development and humanitarian aid in Vietnam in 3 years.

4. Proposing its representative in Vietnam.

Article 11. Order and procedures for grant of an operation registration certificate

1. A foreign non-governmental organization shall submit one set of dossiers of request for grant of operation registration certificate directly, by post, or online to the Committee for Foreign Non-Governmental Organization Affairs. Such a dossier must comprise:

a) A written request for granting the operation registration certificate, made according to the Form No. 03a provided in the Appendix to this Decree;

b) A copy of the Charter and a copy of the document proving the foreign non-governmental organization's legal status;

c) A document detailing programs, projects, and non-projects planned to be implemented in Vietnam in 3 years;

d) A dossier of request for acceptance of the representative, which must comprise the following documents:

- A appointment decision signed and stamped by the head of the organization;

- A biography of the person appointed to act as the representative;

- A judicial record of the person appointed to act as the representative, granted by the competent agency of his/her country of citizenship or the country where he/she has permanently resided for the last 6 months;

- A copy of the valid passport, in case the person appointed to act as the representative is a foreigner. A copy of the valid passport, identity card or citizen's identity card, in case the person appointed to act as the representative is a Vietnamese citizen.

Documents in foreign languages included in the above-mentioned dossier must be consularly legalized, enclosed with Vietnamese translations, certified according to Vietnamese laws, except for the cases of exemption from consular legalization in accordance with treaties to which Vietnam is a contracting party, or the reciprocity principle.

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

3. After receiving the complete dossier, within 2 working days, the Committee for Foreign Non-Governmental Organization Affairs shall consult (in writing) the Ministry of Public Security, the Ministry of Planning and Investment, the Ministry of Home Affairs, the Ministry of Finance, the State Bank of Vietnam, ministries, ministerial-level agencies in charge of state management in the field such foreign non-governmental organization registering operation, People's Committees of province or centrally-run city where such organization registers to operate and the agency approving the receipt of aid from the foreign non-governmental organization.

4. Within 10 working days after receiving the document from the Committee for Foreign Non-Governmental Organization Affairs, the consulted agencies shall be responsible for giving written feedback.

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

6. Within 10 working days from the date of receiving the complete dossier from the foreign non-governmental organization as prescribed in Clause 1 of this Article and concerned agencies’ opinions, the Ministry of Foreign Affairs shall appraise the dossier and decide on granting or refusing to grant the operation registration certificate, and notify the result to the Committee for Foreign Non-Governmental Organization Affairs. The granted 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 organizing an appraisal meeting; the following contents shall be appraised:

a) The lawfulness and completeness of the dossier;

b) The conformity of the goals, principles of the foreign non-governmental organization compared to the policy and guideline of Vietnam, as well as specific targets of ministries, sectors and localities;

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

d) Personal detail and background of the representative;

dd) Efficiency and impacts in terms of society-economy, social order and security of the operation of the foreign non-governmental organization.

7. Within 30 working days from the date of receiving the valid and complete dossier of the foreign non-governmental organization as prescribed in Clause 1 of this Article, the Committee for Foreign Non-Governmental Organization Affairs shall transfer the operation registration certificate to the foreign non-governmental organization directly or by post. In case the dossier is rejected, the Committee for Foreign Non-Governmental Organization Affairs shall issue a written notice, clearly stating the reason.

Article 12. Order and procedures for extension of an operation registration certificate

1. At least 60 days before the expiry date of the operation registration certificate, the foreign non-governmental organization shall submit one set of dossiers of request for extension of operation registration certificate directly, by post, or online to the Committee for Foreign Non-Governmental Organization Affairs. Such a dossier must comprise:

a) A written request for extending the operation registration certificate, made according to the Form No. 03a provided in the Appendix to this Decree;

b) A original operation registration certificate;

c) A report summarizing the foreign non-governmental organization's operations that have been already implemented in Vietnam in the last 3 years, and specific activities planned to be carried out in the next 3 years;

Foreign-language documents in the above-mentioned dossier must be enclosed with Vietnamese translations and certified according to Vietnamese laws.

2. Order and procedures for extension of the operation registration certificate shall comply with Clauses 2, 3, 4, 5, 6 and 7 Article 11 of this Decree.

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

1. A foreign non-governmental organization shall submit one set of dossiers of request for modification, supplementation or re-grant of operation registration certificate directly, by post, or online to the Committee for Foreign Non-Governmental Organization Affairs. Such a dossier must comprise:

a) A written request specifying contents to be modified, supplemented or the reason for re-grant (loss, damage or rumple), made according to Form No. 03b provided in the Appendix to this Decree;

b) A original operation registration certificate, for modification, supplementation, or re-grant of a damaged or rumpled operation registration certificate. A copy of the operation registration certificate, for re-grant of a lost operation registration certificate;

c) Documents related to the modification, supplementation or re-grant.

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

3. After receiving the complete dossier of the foreign non-governmental organization as prescribed in Clause 1 of this Article, within 2 working days, the Committee for Foreign Non-Governmental Organization Affairs shall consult (in writing) ministries, ministerial-level agencies, and government-attached agencies, People's Committees of provinces and centrally-run cities where the foreign non-governmental organization registers to operate, the agencies approving the receipt of aid from the foreign non-governmental organization that are related to the contents to be modified or supplemented of the operation registration certificate.

4. Within 10 working days after receiving the document from the Committee for Foreign Non-Governmental Organization Affairs, the consulted agencies shall be responsible for giving written feedback.

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

6. Within 7 working days from the date of receiving the complete dossier from the foreign non-governmental organization as prescribed in Clause 1 of this Article and concerned agencies’ opinions, the Ministry of Foreign Affairs shall appraise the dossier and decide on modifying, supplementing, re-granting the operation registration certificate or refusing, and notify the result to the Committee for Foreign Non-Governmental Organization Affairs. The appraisal shall be carried out by summarizing written opinions or organizing an appraisal meeting on contents to be modified, supplemented or contents on 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 from the date of receiving the valid and complete dossier of the foreign non-governmental organization as prescribed in Clause 1 of this Article, the Committee for Foreign Non-Governmental Organization Affairs shall transfer the modified, supplemented or re-granted operation registration certificate to the foreign non-governmental organization directly or by post. In case the dossier is rejected, the Committee for Foreign Non-Governmental Organization Affairs shall issue a written notice, clearly stating the reason.

 

Section 2

CONDITIONS, ORDER AND PROCEDURES FOR GRANTING, EXTENDING, MODIFYING, SUPPLEMENTING OR RE-GRANTING REPRESENTATIVE OFFICE REGISTRATION CERTIFICATES

 

Article 14. Conditions for granting a representative office registration certificate

A foreign non-governmental organization that is granted with a representative office registration certificate must satisfy the following conditions:

1. Having a legal status according to the law provisions of the country or territory it was established.

2. Having clear charters, principles, and goals that match Vietnam’s interests and needs.

3. Having a commitment to operate for a long term in Vietnam and listing programs and projects to be implemented in Vietnam in at least 5 years in one or several localities of which the size and nature require regular and on-site administration and supervision.

4. Proposing its head of representative office in Vietnam.

Article 15. Order and procedures for grant of a representative office registration certificate

1. A foreign non-governmental organization shall submit one set of dossiers of request for grant of representative office registration certificate directly, by post, or online to the Committee for Foreign Non-Governmental Organization Affairs. Such a dossier must comprise:

a) A written request for granting the representative office registration certificate, made according to the Form No. 03a provided in the Appendix to this Decree;

b) A copy of the Charter and a copy of the document proving the foreign non-governmental organization's legal status;

c) A document detailing programs and projects planned to be implemented in Vietnam in 5 years in one or several localities of which the size and nature require regular and on-site administration and supervision;

d) A document detailing programs, projects and non-projects already implemented in 3 consecutive years prior to the date of submitting the dossier of request for granting the representative office registration certificate (if any);

dd) A dossier of request for acceptance of the head of the representative office, which must comprise the following documents:

- A appointment decision signed and stamped by the head of the organization;

- A biography of the person appointed to act as the head of the representative office;

- A judicial record of the person appointed to act as the head of the representative office, granted by the competent agency of his/her country of citizenship or the country where he/she has permanently resided for the last 6 months;

- A copy of the valid passport, in case the person appointed to act as the head of the representative office is a foreigner. A copy of the valid passport, identity card or citizen's identity card, in case the person appointed to act as the head of the representative office is a Vietnamese citizen;

Documents in foreign languages included in the above-mentioned dossier must be consularly legalized, enclosed with Vietnamese translations, certified according to Vietnamese laws, except for the cases of exemption from consular legalization in accordance with treaties to which Vietnam is a contracting party, or the reciprocity principle.

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

3. After receiving the complete dossier of the foreign non-governmental organization as prescribed in Clause 1 of this Article, within 2 working days, the Committee for Foreign Non-Governmental Organization Affairs shall consult (in writing) the Ministry of Public Security, the Ministry of Planning and Investment, the Ministry of Home Affairs, the Ministry of Finance, the State Bank of Vietnam, ministries, ministerial-level agencies in charge of state management in the field such foreign non-governmental organization registering operation, People's Committees of province or centrally-run city where such organization registers to operate and locate the representative office's headquarter, and the agency approving the receipt of aid from the foreign non-governmental organization.

4. Within 10 working days after receiving the document from the Committee for Foreign Non-Governmental Organization Affairs, the consulted agencies shall be responsible for giving written feedback.

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

6. Within 10 working days from the date of receiving the complete dossier from the foreign non-governmental organization as prescribed in Clause 1 of this Article and concerned agencies’ opinions, the Ministry of Foreign Affairs shall appraise the dossier and decide on granting or refusing to grant the representative office registration certificate, and notify the result to the Committee for Foreign Non-Governmental Organization Affairs. The form of the representative office registration certificate to be granted shall be made according to Form No. 02 provided in the Appendix to this Decree. The appraisal shall be carried out by summarizing written opinions or organizing an appraisal meeting; the following contents shall be appraised:

a) The lawfulness and completeness of the dossier;

b) The conformity of the goals, principles of the foreign non-governmental organization compared to the policy and guideline of Vietnam, as well as specific targets of ministries, sectors and localities;

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

d) Personal detail and background of the head of the representative office;

dd) Efficiency and impacts in terms of society-economy, social order and security of the operation of the foreign non-governmental organization.

7. Within 30 working days from the date of receiving the valid and complete dossier of the foreign non-governmental organization as prescribed in Clause 1 of this Article, the Committee for Foreign Non-Governmental Organization Affairs shall transfer the representative office registration certificate to the foreign non-governmental organization directly or by post. In case the dossier is rejected, the Committee for Foreign Non-Governmental Organization Affairs shall issue a written notice, clearly stating the reason.

Article 16. Order and procedures for extension of a representative office registration certificate

1. At least 60 days before the expiry date of the representative office registration certificate, the foreign non-governmental organization shall submit one set of dossiers of request for extension of representative office registration certificate directly, by post, or online to the Committee for Foreign Non-Governmental Organization Affairs. Such a dossier must comprise:

a) A written request for extending the representative office registration certificate, made according to the Form No. 03a provided in the Appendix to this Decree;

b) An original representative office registration certificate;

c) A report summarizing the foreign non-governmental organization's operations that have been already implemented in Vietnam during the validity period of the granted representative office registration certificate, and specific activities planned to be carried out in the next 5 years;

Foreign-language documents in the above-mentioned dossier must be enclosed with Vietnamese translations and certified according to Vietnamese laws.

2. Order and procedures for extension of the representative office registration certificate shall comply with Clauses 2, 3, 4, 5, 6 and 7 Article 15 of this Decree.

Article 17. Order and procedures for modification, supplementation or re-grant of a representative office registration certificate

1. A foreign non-governmental organization shall submit one set of dossiers of request for modification, supplementation or re-grant of representative office registration certificate directly, by post, or online to the Committee for Foreign Non-Governmental Organization Affairs. Such a dossier must comprise:

a) A written request specifying contents to be modified, supplemented or the reason for re-grant (loss, damage or rumple), made according to Form No. 03b provided in the Appendix to this Decree;

b) An original representative office registration certificate, for modification, supplementation, or re-grant of a damaged or rumpled representative office registration certificate. A copy of the representative office registration certificate, for re-grant of a lost representative office registration certificate;

c) Documents related to the modification, supplementation or re-grant.

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

3. After receiving the complete dossier set of the foreign non-governmental organization as prescribed in Clause 1 of this Article, within 2 working days, the Committee for Foreign Non-Governmental Organization Affairs shall consult (in writing) ministries, ministerial-level agencies, and government-attached agencies that are involved in the contents to be modified or supplemented, People's Committees of provinces and centrally-run cities where the foreign non-governmental organization registers to operate and locate the representative office's headquarter, the agencies approving the receipt of aid from the foreign non-governmental organization that are related to the contents to be modified or supplemented of the representative office registration certificate.

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

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

6. Within 7 working days from the date of receiving the complete dossier from the foreign non-governmental organization as prescribed in Clause 1 of this Article and concerned agencies’ opinions, the Ministry of Foreign Affairs shall appraise the dossier and decide on modifying, supplementing, re-granting the representative office registration certificate or refusing, and notify the result to the Committee for Foreign Non-Governmental Organization Affairs. The appraisal shall be carried out by summarizing written opinions or organizing an appraisal meeting on contents to be modified, supplemented or contents on the re-grant of the representative office registration certificate. The modified, supplemented or re-granted representative office registration certificate shall be made according to Form No. 02 provided in the Appendix to this Decree.

7. Within 25 working days from the date of receiving the valid and complete dossier of the foreign non-governmental organization as prescribed in Clause 1 of this Article, the Committee for Foreign Non-Governmental Organization Affairs shall transfer the modified, supplemented or re-granted representative office registration certificate to the foreign non-governmental organization directly or by post. In case the dossier is rejected, the Committee for Foreign Non-Governmental Organization Affairs shall issue a written notice, 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. Foreign non-governmental organizations shall have their operations suspended if:

a) They continue to operate after the expiry date of the registration certificates;

b) They fail to operate in the fields and localities stated in the registration certificates;

c) They use or notify information about trading accounts other than registered ones.

2. Upon detecting a foreign non-governmental organization violating law provisions or at request of the competent state agency, the Ministry of Foreign Affairs shall consider and decide on suspending operation of such organization on the basis of concerned state management agencies’ opinions. The collection of opinions shall be carried out by organizing a meeting or sending a written request for opinions from concerned state management agencies. In case the Ministry of Foreign Affairs collects opinions in writing, within 10 working days, consulted agencies shall be responsible for sending written opinions to the Ministry of Foreign Affairs for summarization and decision. If there are different opinions among agencies, the Ministry of Foreign Affairs shall organize a meeting to reach an agreement. A decision on suspension of operation shall be transferred to the Committee for Foreign Non-Governmental Organization Affairs to notify the foreign non-governmental organization.

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

4. Within 30 working days after receiving the decision on suspension of operation, the foreign non-governmental organization shall be responsible for remedying violations mentioned in the decision on suspension of operation, and notifying the remediation result to the Committee for Foreign Non-Governmental Organization Affairs.

Article 19. Termination of operation

1. Foreign non-governmental organizations shall be forced to terminate their operations and have their registration certificates revoked if:

a) They commit one of the prohibited acts specified in Article 5 of this Decree;

b) They fail to operate within 12 consecutive months after obtaining a registration certificate;

c) They fail to remedy violations mentioned in the decisions on suspension of operation as prescribed in Clause 4 Article 18 of this Decree.

2. Upon detecting a foreign non-governmental organization violating law provisions or at request of the competent state agency, the Ministry of Foreign Affairs shall consider and decide on terminating operation and revoking the registration certificate of such organization on the basis of concerned state management agencies’ opinions. The collection of opinions shall be carried out by organizing a meeting or sending a written request for opinions. In case the Ministry of Foreign Affairs collects opinions in writing, within 10 working days, consulted agencies shall be responsible for sending written opinions to the Ministry of Foreign Affairs for summarization and decision-making. If there are different opinions among agencies, the Ministry of Foreign Affairs shall organize a meeting to reach an agreement. A decision on terminating operation and revoking registration certificate of the foreign non-governmental organization shall be transferred to the Committee for Foreign Non-Governmental Organization Affairs to notify such organization.

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

4. Within 60 working days after receiving a decision on terminating operation and revoking the registration certificate, the foreign non-governmental organization shall be responsible for settling matters related to its head office, housing, employees and working means, and completing its financial obligations (if any) and other related matters with organizations and individuals in accordance with Vietnamese laws.

5. In case the foreign non-governmental organization decides to terminate its operation, within 60 days before officially terminating operation, it shall notify in writing the Ministry of Foreign Affairs and the Committee for Foreign Non-Governmental Organization Affairs, enclose with the granted registration certificate, a report on auditing assets and finance, and fulfill related obligations in accordance with Vietnamese laws.

 

Chapter V

RIGHTS AND OBLIGATIONS OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS

 

Article 20. Rights of foreign non-governmental organizations

1. To be entitled to rights and incentives related to tax, import of goods and work permit in accordance with Vietnamese laws.

2. To open and use payment accounts in Vietnamese dong or foreign currencies at commercial banks, foreign bank branches that are permitted to operate in Vietnam in order to implement development assistance and humanitarian aid programs, projects and non-projects in accordance with Vietnamese laws.

3. To receive foreign currencies or Vietnamese dong transferred via accounts in accordance with Vietnamese laws.

4. To be entitled to transfer foreign currencies abroad to serve development assistance and humanitarian aid activities in accordance with Vietnamese laws.

5. To be entitled to commendation and reward for achievements in the effective implementation of programs and projects in Vietnam in accordance with Vietnamese laws.

6. To terminate operation at their will when there is no need to continue operating in Vietnam.

Article 21. Obligations of foreign non-governmental organizations

1. To register and operate, comply with Vietnamese laws. Any violations committed by foreign non-governmental organizations shall be handled in accordance with Vietnamese laws.

2. To coordinate with Vietnamese partners in carrying out activities by registered areas and fields stated in the registration certificates.

3. Within 10 working days after receiving the registration certificates, foreign non-governmental organizations shall notify the open, use or change of trading accounts in Vietnam.

4. Within 45 working days after receiving the granted, extended, modified or supplemented registration certificates, foreign non-governmental organizations shall notify the implementation plans to People's Committees of provinces and centrally-run cities where the foreign non-governmental organizations’ operations are carried out or expected to be carried out.

5. To make operation reports on an annual basis and upon request, send them directly or by post or online to the Ministry of Foreign Affairs, the Ministry of Planning and Investment, ministries in charge of state management of foreign non-governmental organizations’ operations according to sectors and fields, and the Committee for Foreign Non-Governmental Organization Affairs. Such reports shall be made according to Form No. 05 provided in the Appendix to this Decree. Deadline for submitting reports is the 18th of the last month of the reporting period. The period for closing reporting data starts from December 15 of the year preceding the reporting period to December 14 of the reporting period.

6. To update information about foreign non-governmental organizations in the database on foreign non-governmental organizations within 10 days from the date on which changes occur.

 

Chapter VI

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES AND RELATED AGENCIES AND ORGANIZATIONS

 

Section 1

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

 

Article 22. Responsibility of the Ministry of Foreign Affairs

1. To advise and propose foreign policies and guidelines applicable to foreign non-governmental organizations for the Government and Prime Minister.

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

3. To assume the prime responsibility for appraising and granting, extending, modifying, supplementing, re-granting, suspending, terminating operation and revoking registration certificates of foreign non-governmental organizations.

4. To inspect and examine the observance of regulations on registration and management of the operation of foreign non-governmental organizations within the scope of regulation of this Decree.

5. To monitor and urge the implementation of examination and inspection results, and request ministries, ministerial-level agencies, and government-attached agencies to handle violations in accordance with Vietnamese laws.

6. To settle complaints and denunciations in accordance with Vietnamese laws.

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

8. To report the registration and management of the operation of foreign non-governmental organizations to the Prime Minister on an annual basis and upon request, and share, connect data via the National Reporting System and the Center for Information and Direction of the Government and Prime Minister. Such reports shall be made according to Form No. 06 provided in the Appendix to this Decree. Deadline for submitting periodic reports is the 25th of the last month of the reporting period. The period for closing reporting data starts from December 15 of the year preceding the reporting period to December 14 of the reporting period.

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

10. To propose the Prime Minister promulgate the Decision on perfecting 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 responsibility:

a) To coordinate in appraising the dossiers of granting, extending, modifying, supplementing, re-granting, and in suspending, terminating operation and revoking registration certificates of foreign non-governmental organizations upon request;

b) To guide and manage activities of foreign non-governmental organizations operating in sectors and fields under their state management;

c) To coordinate in inspecting, examining and handling violations in the operation of foreign non-governmental organizations in fields under their management according to Vietnamese laws;

c) To coordinate in developing and operating the database on foreign non-governmental organizations;

dd) To share information with People's Committees of provinces and centrally-run cities where the foreign non-governmental organizations’ programs and projects are implemented;

e) To assign an attached unit to act as a focal point to manage foreign non-governmental organizations’ operations according to the assigned functions and tasks;

g) To take responsibility for the organization and operation of domestic non-governmental organizations that they had granted operation registration certificates or business licenses in coordination with foreign non-governmental organizations according to the specialized laws;

h) To make reports on an annual basis and upon request, and send them directly or by post or online to the Ministry of Foreign Affairs and the Committee for Foreign Non-Governmental Organization Affairs for summarization and report to the Prime Minister. Such reports shall be made according to Form No. 04 provided in the Appendix to this Decree. Deadline for submitting reports is the 18th of the last month of the reporting period. The period for closing reporting data starts from December 15 of the year preceding the reporting period to December 14 of the reporting period.

2. Specific responsibility:

a) The Ministry of Public Security shall be responsible for preventing and combating violations against law provisions committed by foreign non-governmental organizations, and perform the state management in terms of security and order toward foreign non-governmental organizations; coordinate with the Ministry of Foreign Affairs in protecting and archiving information in the database on foreign non-governmental organizations;

b) The Ministry of Planning and Investment shall be responsible for managing and guiding the use of aid from foreign non-governmental organizations;

c) The Ministry of Home Affairs shall be responsible for the organization and operation of domestic associations, social funds and charity funds, religious organizations that coordinate with foreign non-governmental organizations;

d) The Ministry of Finance shall be responsible for performing the state management in terms of finance for foreign non-governmental aid belonging to the state budget revenue, and guiding the financial management of foreign non-governmental aid not belonging to the state budget revenue;

dd) The State Bank of Vietnam shall be responsible for performing the state management in banking, microfinance, anti-money laundering and terrorism financing sectors that are related to foreign non-governmental organizations’ aid.

Article 24. Responsibilities of People's Committees of provinces and centrally-run cities

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

2. To coordinate in appraising the dossiers of granting, extending, modifying, supplementing, re-granting, and in suspending, terminating operation and revoking registration certificates of foreign non-governmental organizations upon request.

3. To coordinate in inspecting, examining and handling violations in the operation of foreign non-governmental organizations in localities according to Vietnamese laws.

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

5. To assign advisory agency in charge of foreign affairs to act as the focal point to give advice in the management of operation of foreign non-governmental organizations.

6. To make reports on an annual basis and upon request, and send them directly or by post or online to the Ministry of Foreign Affairs and the Committee for Foreign Non-Governmental Organization Affairs for summarization and report to the Prime Minister. Such reports shall be made according to Form No. 04 provided in the Appendix to this Decree. Deadline for submitting reports is the 18th of the last month of the reporting period. The period for closing reporting data starts from December 15 of the year preceding the reporting period to December 14 of the reporting period.

 

Section 2

RESPONSIBILITIES OF RELEVANT AGENCIES AND ORGANIZATIONS

 

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

The Committee for Foreign Non-Governmental Organization Affairs, which operates according to the inter-sectoral coordination mechanism with the Vietnam Union of Friendship Organizations acting as the standing body, shall perform the following tasks:

1. Studying and proposing to the Prime Minister the direction and solutions to settle inter-sectoral important matters related to foreign non-governmental organizations.

2. Coordinating with ministries, ministerial-level agencies, and government-attached agencies in settling matters related to foreign non-governmental organizations.

3. Participating in giving opinions to regulations of legal normative documents on foreign non-governmental organizations.

4. Receiving dossiers, synthesizing opinions from concerned ministries, sectors and localities, giving opinions to the dossiers of request for grant, extension, modification, supplementation and re-grant of registration certificates of foreign non-governmental organizations, and transferring them to the Ministry of Foreign Affairs for appraising and notifying results to such foreign non-governmental organizations.

5. Coordinating in inspecting, examining and handling violations in the operation of foreign non-governmental organizations in accordance with Vietnamese laws; receiving and notifying the Decisions on suspension of operation, termination of operation to foreign non-governmental organizations; revoking the foreign non-governmental organizations’ registration certificates.

6. Coordinating in developing and operating the database on foreign non-governmental organizations.

7. Notifying the operation, fields and areas of operation of foreign non-governmental organizations to concerned ministries, ministerial-level agencies, and government-attached agencies, People's Committees of provinces and centrally-run cities.

8. Disseminating and providing information relating to foreign non-governmental activities to Vietnamese partners and foreign non-governmental organizations.

9. Reporting foreign non-governmental activities to the Prime Minister on an annual basis and upon request, and sharing, connecting data via the National Reporting System and the Center for Information and Direction of the Government and Prime Minister. Such reports shall be made according to Form No. 07 provided in the Appendix to this Decree. Deadline for submitting periodic reports is the 25th of the last month of the reporting period. The period for closing reporting data starts from December 15 of the year preceding the reporting period to December 14 of the reporting period.

10. Performing other tasks related to the foreign non-governmental organizations which are assigned by the Prime Minister.

Article 26. Responsibilities of Vietnamese partners

To carry out coordination activities with foreign non-governmental organizations as stated in the registration certificates granted to the foreign non-governmental organizations in accordance with Vietnamese laws.

 

Chapter VII
IMPLEMENTATION PROVISIONS

 

Article 27. Effect

This Decree takes effect from November 01, 2022, and replaces the Government’s Decree No. 12/2012/ND-CP dated March 01, 2012, on registration and management of activities of non­governmental organizations.

Article 28. Transitional provisions

1. From the effective date of this Decree, registration certificates granted according to the Government’s Decree No. 12/2012/ND-CP dated March 01, 2012, on registration and management of activities of non­governmental organizations shall continue to be used until their expiry date.

2. Project office registration certificates granted according to the Government’s Decree No. 12/2012/ND-CP dated March 01, 2012, on registration and management of activities of non­governmental organizations shall continue to be modified, supplemented and re-granted in accordance with the above-mentioned Decree until their expiry date; after the expiry date, they shall be considered to convert into operation registration certificates or representative office registration certificates as prescribed in this Decree.

Article 29. Responsibility of implementation

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

2. Ministers, heads of ministerial-level agencies and government-attached agencies, Chairperson of the Committee for Foreign Non-Governmental Organization Affairs, Chairpersons of People's Committees of provinces and centrally-run cities, President of the Vietnam Union of Friendship Organizations and heads of concerned agencies shall implement this Decree./.

 

 

ON BEHALF OF THE GOVERNMENT

FOR THE PRIME MINISTER

THE DEPUTY MINISTER

 

 

Pham Binh Minh

* All Appendices are not translated herein.

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