Decree No. 93/2019/ND-CP the organization and operation of social funds and charity funds

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Decree No. 93/2019/ND-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charity funds
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Official number:93/2019/ND-CPSigner:Nguyen Xuan Phuc
Type:DecreeExpiry date:Updating
Issuing date:25/11/2019Effect status:
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Fields:Finance - Banking , Organizational structure

SUMMARY

Charity fund founding assets shall not contain more than 50% foreign contribution

The Government promulgates the Decree No. 93/2019/ND-CP on organization and operation of social funds and charity funds on November 25, 2019.

To be specific: for fund established by Vietnam citizen or organization must ensure assets contributed for establishment of funds converted into Vietnam dong as follow: For nation funds operating nationwide or in more than one province: VND 6.5 billion (previous regulation  require VND 05 billion only); For funds operating within a province: VND 1.3 billion; For funds operating within a district: VND 130 million; For funds operating within a commune: VND 25 million.

In addition, this Decree supplement regulation on prohibited in establishment and operation of a fund such as: using the state budget, using or supporting the use of properties assigned by the state budget or originating from the state budget to contribute assets to establish funds.

Especially, foreign citizens and organizations may contribute their assets with Vietnamese citizens and organizations to establish a fund in Vietnam. However, assets contributed for establishment of funds by foreign individuals and organization must not exceed 50% contributed for establishment of funds as prescribed in this Decree. Besides, in case assets contributed for establishment of funds include other assets exclude Vietnam dong then the amount of Vietnam dong must ensure at least 50% general value of assets.

This Decree takes effect on January 15, 2019.
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THE GOVERNMENT

 

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness

No. 93/2019/ND-CP

 

Hanoi, November 25, 2019

 

DECREE

On the organization and operation of social funds and charity funds[1]

 

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

Pursuant to the November 24, 2015 Civil Code;

At the proposal of the Minister of Home Affairs;

The Government promulgates the Decree on the organization and operation of social funds and charity funds.

 

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes the organization and operation of social funds and charity funds, and the state management of social funds and charity funds (below collectively referred to as funds) established and operating in Vietnam.

Article 2. Subjects of application

This Decree applies to related Vietnamese citizens and organizations and foreign individuals and organizations.

Article 3. Purposes of organization and operation of funds

Funds shall be organized and operate for not-for-profit purposes of supporting and promoting the development of culture, education, health, physical training and sports, science, technology, community, and charity and humanitarian activities.

Article 4. Interpretation of terms

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

1. Fund means a non-governmental organization established from assets voluntarily contributed by individuals and organizations or under a testament or through a donation of assets, having organization and operation purposes specified in Article 3 of this Decree, and granted an establishment license and a charter recognition paper by a competent state agency.

2. Social fund means a fund organized and operating for not-for-profit purposes of supporting and promoting the development of culture, education, health, physical training and sports, science, and agricultural and rural development activities.

3. Charity fund means a fund organized and operating for not-for-profit purposes of supporting the remediation of incidents caused by natural disasters, fires, epidemics or accidents, and helping persons falling in difficult or disadvantaged circumstances in need of social assistance.

4. Not-for-profit purpose means that profits earned in the operation of a fund are not to be divided but are used only for the activities specified in the fund’s recognized charter.

5. Assets include objects, money, valuable papers and property rights as defined in the Civil Code.

6. Contribution of assets means transfer of lawful ownership rights over assets by an individual or organization to a fund in the form of contract, donation, or testament of the asset bequeather or in another form prescribed by law. Such assets will become the fund’s assets and be used for the purposes specified in Article 3 of this Decree.

Article 5. Principles of organization and operation of funds

1. Being established and operating for not-for-profit purposes.

2. Voluntariness, autonomy, self-financing and accountability before law with their own assets.

3. Being organized and operating in accordance with law and charters recognized by a competent state agency.

4. Making their organization, operation, revenues and expenditures, and assets public and transparent.

5. Not dividing assets.

Article 6. State policies toward funds

1. The State shall create conditions for funds to operate in accordance with law and their charters.

2. The State shall provide financial support for funds to perform the State-assigned tasks.

3. The contribution of assets by individuals and organizations to funds are entitled to incentive policies in accordance with law.

Article 7. Legal person status, seals, bank accounts, names, logos and offices of funds

1. A fund has the legal person status and its own seal and bank account in accordance with law.

2. A fund may select its name and logo, which must satisfy the following conditions:

a/ Neither being identical nor confusingly similar to previously registered name or logo of another fund;

b/ Not contravening historical and cultural traditions as well as ethics and national fine customs;

c/ Having its name in Vietnamese which can be translated into a common foreign language in accordance with law.

3. The office of a fund shall be located at a specific address in Vietnam’s territory and accompanied by documents proving its lawfulness.

Article 8. Rights and obligations of funds

1. Powers of a fund:

a/ To be organized and operate in accordance with law and its charter recognized by a competent state agency;

b/ To mobilize contributions and donations; to receive assets donated by domestic and foreign individuals and organizations or provided in other forms according to its purposes and law. To organize activities in accordance with law for preservation and growth of its assets;

c/ To establish its attached legal persons in accordance with law;

d/ To lodge complaints in accordance with law;

dd/ To coordinate with individuals and organizations in mobilizing contributions and donations for it or for implementing its schemes and projects in accordance with law;

e/ To coordinate with localities, organizations and individuals in need of assistance in formulating and implementing schemes on provision of donations according to the fund’s operation purposes.

2. Obligations of a fund:

a/ To submit to the management by the state agency in the sector it operates and be entitled to receive or mobilize donations within the scope of its operation stated in its charter;

b/ To provide donations as requested by the authorizing individual or organization according to its operation purposes;

c/ If being established from donated assets or under authorization contracts or testaments but failing to mobilize contributions and receive donations, to set aside at least 5% of its total assets every year for provision of donations to programs and projects according to its operation purposes;

d/ To archive, and fully provide competent state agencies with, dossiers and documents on its assets and finance, resolutions and records of its activities in accordance with law;

dd/ To use assets and finance economically and efficiently according to its operation purposes; to pay taxes, charges and fees and implement accounting, audit and statistical regimes in accordance with law; to register its tax identification numbers and make tax declaration in accordance with the tax laws;

e/ To submit to inspection, examination and supervision by state agencies, donors and the community in accordance with law; to settle complaints and denunciations internally and report on complaint and denunciation settlement results to competent state agencies;

g/ To publicize contributions in the mass media before March 31 every year;

h/ To send a report on relocation of its head office or change of its director to the competent agency that has granted its establishment license;

i/ To annually send a report on its organization, operation and finance to the agency that has granted its establishment license and charter recognition paper and same-level state management agency in charge of finance, and agency managing the sectors of its operation and send before December 31 a report to the provincial-level People’s Committee of the locality where its office is based;

k/ To disclose information about its establishment under Article 22 of this Decree;

l/ To implement competent state agencies’ decisions concerning its organization and operation and perform other obligations in accordance with law and its charter.

Article 9. Prohibited acts

It is prohibited to take advantage of the establishment, and organization of activities, of funds to commit the following acts:

1. Adversely affecting reputation of the State, agencies, organizations, individuals or the community; causing harms to national interests, security, national defense or national great unity.

2. Harming social ethics, fine customs and practices, traditions, national identity, beliefs or religions.

3. Committing acts for personal gain or finance-related deceitful acts during the establishment and operation of funds.

4. Committing money laundering, terrorism financing or other illegal acts.

5. Counterfeiting, erasing, transferring, leasing, lending, putting in mortgage or pledge fund establishment licenses in any form.

6. Using state budget funds, using or providing support for assets assigned by or originating from the state budget as contributions to establishing funds.

 

Chapter II

CONDITIONS AND PROCEDURES FOR GRANT OF FUND ESTABLISHMENT LICENSES

Article 10. Conditions for grant of a fund establishment license

1. The fund has the operation purposes specified in Article 3 of this Decree.

2. The fund has founding members that meet the conditions prescribed in Article 11 of this Decree.

3. The founding board has contributed enough assets for fund establishment under Article 14 of this Decree.

4. The fund establishment dossier is made under Article 15 of this Decree.

Article 11. Founding members

1. A founding member of a fund must satisfy the following conditions:

a/ Being a Vietnamese citizen or organization;

b/ For a citizen: Having full civil act capacity and no criminal records;

c/ For an organization: Being lawfully established, having a charter or document defining its functions and tasks; having a resolution adopted by its leadership or decision issued by the competent head concerning its contributions to establishing the fund; and decision assigning its representative to act as a fund founding member; for a foreign-invested Vietnamese organization, its representative acting as a fund founding member must be a Vietnamese citizen;

d/ Contributing lawful assets to establish the fund under Article 14 of this Decree;

dd/ For a fund founding member managed by a competent agency, written approval of such agency under regulations on power delegation for personnel management is required before the dossier is sent to a competent state agency defined in Article 18 of this Decree for grant of a fund establishment license and charter recognition paper.

2. Founding members shall set up a fund founding board, which shall be composed of at least 3 members, including the head, deputy head and member(s).

3. The founding board of a fund shall prepare a dossier for fund establishment permission under Article 15 of this Decree and send it to a competent state agency specified in Article 18 of this Decree. The fund founding board shall appoint a management board and formulate a draft charter of the fund, and prepare documents to be included in the fund establishment dossier.

Article 12. Foreign individuals and organizations contributing assets together with Vietnamese citizens and organizations to establish funds

1. Foreign individuals and organizations may contribute their assets together with Vietnamese citizens and organizations to establish funds in Vietnam.

2. Conditions for foreign citizens and organizations to contribute assets to establish a fund:

a/ To commit to paying taxes and taking responsibility for the lawfulness of contributed assets;

b/ To commit to strictly complying with Vietnamese law and the fund’s operation purposes;

c/ To contribute assets to establish the fund under Article 14 of this Decree.

3. Assets contributed by foreign individuals and organizations to establish a fund must not exceed 50% of total assets contributed to establish such fund as prescribed in this Decree.

Article 13. Establishment of funds under testaments or through donation of assets

1. Vietnamese citizens and organizations that receive inheritances under testaments or receive asset donations for establishing a fund shall comply with Clause 1, Article 11 of this Decree and prepare a fund establishment dossier under Article 15 of this Decree and send it to a competent state agency defined in Article 18 of this Decree. In case inherited or donated assets contributed are enough for establishing the fund as required under Article 14 of this Decree, no more founding member is required. If such assets are not enough, founding member(s) and assets shall be added as required by law.

2. For funds established under testaments or with donations, lawfully certified copies of such testaments or documents evidencing donations are required.

3. For funds established under authorization contracts of organizations or individuals, lawfully notarized authorization contracts are required.

Article 14. Assets contributed to establish funds

1. Assets contributed to establish a fund include:

a/ Vietnam dong amounts;

b/ Assets converted into Vietnam-dong amounts (including objects, foreign currencies, valuable papers and other property rights) of Vietnamese citizens and organizations being fund founding members and those contributed by foreign individuals and organizations together with Vietnamese citizens and organizations to establish the fund. Assets being working offices, equipment or technologies shall be valuated by a lawfully established price appraisal organization within 6 months before the submission of a fund establishment dossier;

c/ In case assets contributed to establish the fund include other assets excluding Vietnam-dong amounts, such amounts must account for at least 50% of the total value of such assets.

2. For a fund established by Vietnamese citizens or organizations, the amount of contributed assets converted into Vietnam dong is prescribed as follows:

a/ 6,500,000,000 (six billion and five hundred million), for a fund operating nationwide or in more than one province;

b/ 1,300,000,000 (one billion and three hundred million), for a fund operating within a province or the equivalent;

c/ 130,000,000 (one hundred and thirty million), for a fund operating within a district or the equivalent;

d/ 25,000,000 (twenty-five million), for a fund operating within a commune or the equivalent.

3. For a fund established with assets contributed by foreign individuals or organizations together with Vietnamese citizens or organizations, the amount of contributed assets converted into Vietnam dong is prescribed as follows:

a/ 8,700,000,000 (eight billion and seven hundred million), for a fund operating nationwide or in more than one province;

b/ 3,700,000,000 (three billion and seven hundred million), for a fund operating within a province or the equivalent;

c/ 1,200,000,000 (one billion and two hundred million), for a fund operating within a district or the equivalent;

d/ 620,000,000 (six hundred and twenty million), for a fund operating within a commune or the equivalent.

4. Ownership rights over assets contributed to establish a fund shall be transferred to that fund within 45 working days after the fund is granted an establishment license and charter recognition paper. Assets contributed to establish a fund must be dispute-free or may not be used for performance of other financial obligations.

Article 15. Fund establishment dossiers

1. A fund establishment dossier shall be made in 1 set and sent to a competent state agency specified in Article 18 of this Decree.

2. A fund establishment dossier must comprise:

a/ A request for fund establishment;

b/ Draft charter of the fund;

c/ Founding members’ commitments to contributing assets to establish the fund, and documents proving asset contribution for establishing the fund under Article 14 of this Decree;

d/ Resumes and criminal record certificates of members of the fund founding board and the documents specified in Article 11, 12 or 13 of this Decree. For founding members managed by competent agencies under regulations, such agencies’ written approval is required under regulations on delegation of powers for personnel management;

dd/ A document on election of holders of positions in the fund founding board;

e/ A document certifying the tentative location of the fund’s office.

Article 16. Principal contents of a fund charter

1. Name, address, telephone number, fax number, email and website (if any) of the fund.

2. Purposes, fields and scope of operation of the fund.

3. Information about fund founding members.

4. Functions, tasks and powers of the fund.

5. At-law representative of the fund; organization and operation of the fund; organizational structure, tasks and powers of the fund management board, control board, chairperson, director and holders of other leading positions.

6. Principles of fundraising and mobilization, receipt and use of donations.

7. Management and use of assets and finance of the fund.

8. Responsibility to report on organization, operation and finance of the fund to competent agencies.

9. Commendation and disciplining, and settlement of internal complaints and denunciations, and handling of violations in operation of the fund.

10. Consolidation, merger, division, splitting-up, renaming and dissolution of the fund.

11. Procedures for modifying the charter of the fund.

12. Other contents required by law.

Article 17. Grant of fund establishment licenses and charter recognition papers

1. When receiving a fund dossier, a competent state agency specified in Article 18 of this Decree shall make a dossier receipt slip as a basis for determining a dossier processing time limit. Such a slip must state the date and method of dossier receipt; information about the dossier; and information about the dossier sender and recipient. If the dossier fails to comply with Article 15 of this Decree, within 5 working days after receiving it, the competent state agency shall reply in writing, clearly stating the reason for refusal to process it.

2. Within 40 working days after receiving a complete and valid dossier, the competent state agency specified in Article 18 of this Decree shall grant a fund establishment license and charter recognition paper. In case of refusal to grant a license, it shall reply in writing, clearly stating the reason.

3. For a newly established fund, the fund establishment license is also the charter recognition paper.

Article 18. Competence to settle fund-related procedures

1. The Minister of Home Affairs is competent to grant fund establishment licenses and charter recognition papers; permit consolidation, merger, division, splitting-up, dissolution or renaming of funds; suspend operation of funds; permit resumption of operation of funds after suspension; recognize funds’ eligibility for operation; recognize members of fund management boards; permit modification of or re-grant establishment licenses; expand the scope of operation of and consolidate and transform funds; and revoke establishment licenses for:

a/ Funds operating nationwide or in more than one province;

b/ Funds with assets contributed by foreign organizations or individuals together with Vietnamese citizens or organizations and operating within a province.

2. Chairpersons of provincial-level People’s Committees are competent to:

a/ Grant fund establishment licenses and charter recognition papers; permit consolidation, merger, division, splitting-up, dissolution or renaming of funds; suspend operation of funds; permit resumption of operation of funds after suspension; expand the scope of operation of funds and consolidate and transform funds; recognize funds’ eligibility for operation; recognize members of fund management boards; permit modification of or re-grant fund establishment licenses; and revoke establishment licenses for funds operating within a province;

b/ Funds with assets contributed by foreign organizations or individuals together with Vietnamese citizens or organizations and operating within a district or commune.

Article 19. Revocation of establishment licenses and seals of funds

1. A fund will have its establishment license revoked in the following cases:

a/ The decision on its division, merger, consolidation or dissolution comes into force;

b/ It fails to comply with Clause 4, Article 14 of this Decree after obtaining an establishment license and charter recognition paper and, as a result, its establishment license and charter recognition paper shall be invalidated. If such failure is attributable to objective reasons, at least 10 working days before the prescribed deadline, the fund founding board shall send a request to the state agency that has granted the establishment license and charter recognition paper for extension. Extension shall be granted only once for no more than 20 working days. Past the extension period, if the fund still fails to comply with Clause 4, Article 14 of this Decree, its establishment decision and charter recognition paper shall be invalidated.

2. Within 15 working days after the effective date of the decision referred to at Point a, Clause 1 of this Article, or past the time limit prescribed at Point b, Clause 1 of this Article, the competent state management agency specified in Article 18 of this Article shall issue a decision to revoke the fund establishment license.

3. The revocation of the seal of a fund must comply with regulations on management and use of seals and other relevant regulations.

Article 20. Procedures and dossiers for modification or re-grant of fund establishment licenses and charter recognition papers    

1. The establishment license and charter recognition paper of a fund may be modified or re-granted at request of its management board.

2. The establishment license and charter recognition paper of a fund may be modified when the fund revises its charter. Before modifying the fund establishment license and charter recognition paper, the fund management board shall send a dossier to a competent state agency defined in Article 18 of this Decree. The dossier must comprise:

a/ A request for modification of the fund establishment license and charter recognition paper;

b/ The fund management board’s resolution stating the reason for the request;

c/ The draft modified charter.

3. Within 30 working days after receiving a complete and valid dossier for modification of the fund establishment license and charter recognition paper, a competent state agency specified in Article 18 of this Decree shall consider and permit the modification. In case of refusal, it shall issue a written reply, clearly stating the reason.

4. When its establishment license or charter recognition paper is lost, torn, rumpled or otherwise destroyed, a fund shall send to a competent state agency specified in Article 18 of this Decree a request for re-grant of the establishment license or charter recognition paper, clearly stating the reason.

5. Within 15 working days after receiving a valid request, the agency that has granted the fund establishment license shall re-grant the license and charter recognition paper, clearly indicating the number of re-grant and serial number of the previous license. In case of refusal to re-grant the fund establishment license or charter recognition paper, it shall clearly state the reason.

Article 21. Conditions, dossiers and procedures for expansion of scope of operation of funds

1. Conditions, dossiers and procedures for expansion of scope of operation of a fund

A fund that wishes to expand its scope of operation and contributes sufficient assets as prescribed in Article 14 of this Decree shall send a dossier comprising:

a/ A request for expansion of scope of operation;

b/ The documents specified at Point b and c, Clause 2, Article 15 of this Decree.

2. Within 30 working days after receiving a complete and valid dossier, a competent state agency specified in Article 18 of this Decree shall grant a fund establishment license and charter recognition paper; in case of refusal, it shall clearly state the reason.

Article 22. Announcement of establishment of funds

1. Within 30 working days after obtaining its establishment license and charter recognition paper, a fund shall announce its establishment on 3 consecutive issues of a central printed or online newspaper, for funds licensed by the Minister of Home Affairs, or of a local printed or online newspaper, for funds licensed by chairpersons of provincial-level People’s Committees, with the following principal contents:

a/ Its name;

b/ Its head-office address, telephone number, email or website (if any);

c/ Its operation guidelines and purposes;

d/ Its operation scope;

dd/ Its major operation areas;

e/ Account number, name and address of the bank where it opens its account;

g/ Serial numbers, codes and dates of its establishment license and charter recognition paper, and licensing agency;

h/ Assets contributed by founding members for its establishment.

2. In case of modification of its establishment license and charter recognition paper, a fund shall announce modified contents within the time limit and according to the procedures prescribed in Clause 1 of this Article.

Article 23. Transfer of ownership rights over assets contributed by founding members to establish funds

Members of the founding board of a fund shall transfer the ownership rights over assets they contribute to establish the fund as follows:

1. For Vietnam-dong amounts, founding members shall transfer them directly into the fund’s account.

2. For registered assets or value of land use rights, contributors shall carry out procedures to transfer the ownership rights over such assets or land use rights to the fund at a competent state agency. The transfer of land use rights must comply with the land law.

3. Assets without ownership registration shall be contributed through asset delivery and handover which is certified in a record. An asset delivery and handover record must clearly state the name and head office address of the fund; full name, permanent residence address and people’s identity card or citizen identity card or passport number, for individuals, or serial number of the establishment license, for organizations, of the asset contributor; type and number of units of contributed assets; total value of contributed assets; date of delivery and handover; signatures of the asset contributor or its/his/her authorized representative and of the fund’s at-law representative.

Article 24. Conditions for operation of funds

A fund may operate when fully meeting the following conditions:

1. Having an establishment license and charter recognition paper granted by a competent state agency specified in Article 18 of this Decree.

2. Having announced its establishment under Article 22 of this Decree.

3. Having obtained from the bank where it registers to open its account a written certification that the money amounts contributed by its founding members for its establishment as committed are available on its account. For other assets, the ownership rights have been transferred under Clauses 2 and 3, Article 23 of this Decree.

4. Having obtained from a competent state agency specified in Article 18 of this Decree a decision recognizing its eligibility for operation and recognizing members of its fund management board.

Article 25. Recognition of eligibility for operation and recognition of members of fund management boards of funds

1. After completing all procedures prescribed in Clauses 2 and 3, Article 24 of this Decree, the management board of a fund shall make and send 1 dossier to a competent state agency specified in Article 18 of this Decree, requesting the recognition of its eligibility for operation and recognition of members of its fund management board.

Within 45 working days after obtaining its establishment license, the fund shall send a dossier made under regulations to a competent state agency for considering and deciding to recognize its eligibility for operation.

2. A dossier must comprise:

a/ The documents proving the compliance with Clauses 2 and 3, Article 24 of this Decree;

b/ A list indicating names, addresses, telephone numbers, resumes and criminal record certificates of members of the fund management board. For a member being a foreigner, the dossier must include his/her resume certified by a competent authority of the country of his/her citizenship;

c/ Documents on election of members of and holders of positions  in the fund management board.

3. Within 30 working days after receiving a complete and valid dossier of a fund, a competent state agency specified in Article 18 of this Decree shall issue a decision recognizing its eligibility for operation and recognizing members of its fund management board. In case of refusal, it shall issue a written reply, clearly stating the reason.

4. If wishing to replace a member of or add a new member to the management board during its operation, a fund shall send to a competent state agency specified in Article 18 of this Decree a written request for recognition of members of the management board, clearly stating the reason for replacement or addition of members of the management board (enclosed with a list indicating names, addresses, telephone numbers, resumes and criminal record certificates of to-be-added members). Within 15 working days after receiving a complete and valid dossier, the competent state agency specified in Article 18 of this Decree shall issue a decision recognizing replaced or added members of the fund management board. In case of refusal, it shall issue a written reply, clearly stating the reason.

 

Chapter III

ORGANIZATION AND OPERATION OF FUNDS

Article 26. Fund management boards

1. The management board of a fund is its management body which, in its name, decides on and exercises its rights and performs its obligations. Members of the board must have full civil act capacity and have no criminal records. The fund management board must have at least 3 members of whom the number of members being Vietnamese citizens must account for at least 51% and shall be nominated by founding members. If no nominations are made, the fund management board of the current term shall elect the fund management board of the subsequent term, which shall be recognized by a competent state agency specified in Article 18 of this Decree. The term of office of the fund management board must not exceed 5 years. The fund management board shall be composed of its chairperson, vice chairpersons and members.

2. For a fund established on the basis of donated assets or under a testament, the number of institutional or individual members representing such assets must not exceed one-third of total members of the fund management board.

3. A fund management board has the following tasks and powers:

a/ To decide on development strategy and annual operation plan of the fund;

b/ To decide on fund development solutions; to approve contracts on borrowing or purchase and sale of large-value assets of the fund; such value must be specified in the charter of the fund;

c/ To elect, relieve from duty or remove from office its chairperson, vice chairpersons and members for submission to a competent state agency for recognition; to decide on formation of the fund control board; to decide to appoint, relieve from duty or dismiss the fund director or sign and terminate a contract with the fund director, in case the director is hired; to decide on the accounting manager and other managers specified in the charter of the fund;

d/ To decide on salaries, bonuses and other benefits of its chairperson, vice chairpersons and members, and the fund director, accounting manager and other managers according to the charter of the fund and law;

dd/ To approve annual financial statements and plans on use of assets and finance of the fund;

e/ To decide on organizational structure of the fun according to law and the charter of the fund;

g/ To decide on establishment of legal entities under the fund in accordance with law; to establish branches or representative offices of the fund under Article 32 of this Decree;

h/ To modify the charter of the fund;

i/ To decide to dissolve the fund or propose modifications to the fund establishment license and charter recognition paper to competent state agencies;

k/ To discharge other tasks and exercise other powers in accordance with this Decree and the charter of the fund.

4. The fund management board shall work on a collegial basis and make majority voting.

Article 27. Chairpersons and vice chairpersons of fund management boards     

1. The chairperson of a fund management board must be a Vietnamese citizen elected by the board, who also acts as the at-law representative of the fund. The chairperson of the fund management board may concurrently act as the fund director.

2. The chairperson of a fund management board has the following tasks and powers:

a/ To prepare, or organize the preparation of, operation programs and plans of the board;

b/ To prepare, or organize the preparation of, agendas, contents and documents for meetings or for consulting members of the board;

c/ To convene and preside over meetings or hold consultations with members of the board;

d/ To supervise, or organize the supervision of, implementation of decisions of the board;

dd/ To sign decisions of the board on its behalf;

e/ To exercise other powers and perform other tasks in accordance with this Decree and the charter of the fund.

3. Term of office of the chairperson of a fund management board must not exceed 5 years. He/she may be re-elected without limitation on number of terms of office.

4. In case the chairperson of a fund management board concurrently acts as the fund director, such shall be clearly stated in transaction documents of the fund.

5. In case of absence, the chairperson of a fund management board shall authorize in writing a vice chairperson of the board to exercise his/her rights and perform his/her tasks on principles specified in the charter of the fund.

6. The chairperson of a fund management board shall be assisted by vice chairpersons whose tasks and powers shall be specified in the charter of the fund.

7. A foreigner or the representative of a foreign organization that has contributed assets to establish a fund or made great contributions to a fund may be nominated by founding members and elected by the fund management board as a vice chairperson or member of the board or awarded the title of honorary chairperson of the fund.

Article 28. Fund directors

1. A fund management board may appoint fund director among its members or hire another person to act as fund director.

2. A fund director shall administer routine activities of the fund, submit to supervision by the fund management board and take responsibility before the board and law for exercising his/her delegated powers and performing his/her assigned tasks. A fund director has a term of office not exceeding 5 years and may be re-elected.

3. A fund director has the following tasks and powers:

a/ To administer and manage operations and observe spending limits of the fund in accordance with resolutions of the fund management board, the charter of the fund and law;

b/ To issue documents falling within his/her responsibility and take responsibility for his/her decisions;

c/ To send periodical reports on operation of the fund to the fund management board and competent agencies;

d/ To manage assets of the fund in accordance with charter of the fund and the law on financial and asset management;

dd/ To propose the chairperson of the fund management board to appoint deputy director(s) and leaders of affiliated units of the fund;

e/ To perform other tasks and exercise other powers in accordance with the charter of the fund and decisions of the fund management board.

Article 29. Accounting managers of funds

1. The accounting manager of a fund shall be appointed by the fund management board or appointed at the proposal of the fund director in accordance with the accounting law’s provisions on criteria and conditions for appointment, relief from duty or removal from office and replacement of accounting managers.

2. The accounting manager of a fund shall assist the fund director in organizing and implementing accounting and statistical work of the fund in accordance with law.

3. It is prohibited to appoint as the accounting manager of a fund a person who is banned from doing accounting work as prescribed by the accounting law.

4. The accounting manager of a fund shall carry out final settlement upon merger, consolidation, division, splitting-up or dissolution of the fund or when assigned to perform other tasks.

Article 30. Fund control board

1. The fund control board of a fund shall be set up by the chairperson of the fund management board under a resolution of the board. For a fund operating nationwide, in more than one province, or within a province or the equivalent, or a fund established with assets contributed by foreign individuals or organizations together with Vietnamese citizens and organizations, the control board must have at least 3 members, including the head, deputy head and member(s). For a fund operating within a district or commune or the equivalent, the fund management board shall also perform the fund control function.

2. The fund control board of a fund shall operate independently and has the following tasks:

a/ To inspect and supervise operation of the fund in accordance with its charter and law;

b/ To settle petitions, complaints and denunciations filed by organizations and citizens;

c/ To report and propose to the fund management board inspection and supervision results and financial status of the fund.

Article 31. Accounting, audit and statistical work

1. A fund shall organize its accounting and statistical work in accordance with the Accounting Law and Statistical Law and guiding documents, specifically as follows:

a/ Abiding by regulations on accounting documents, cost-accounting and relevant economic and financial operations;

b/ Opening account books to reflect and record relevant economic and financial operations (reflecting and monitoring contributions and donations in cash and in kind received from organizations and individuals, and beneficiaries);

c/ Making and fully and promptly submitting annual financial statements and final accounts to the agency competent to grant fund establishment licenses and finance agency at the same level with or under such competent agency.

2. A fund shall submit to inspection, examination and audit of its revenues and expenditures as well as its management and use by the finance agency at the same level with or under the agency competent to grant fund establishment licenses and competent audit agency. It shall provide necessary information to state competent agencies upon their request in accordance with law.

Article 32. Branches and representative offices of funds

1. A fund operating nationwide or in more than one province may set up branches or representative offices in provinces or centrally run cities other than the locality where it is headquartered and shall send 1 dossier to a state agency competent to license the fund establishment specified in Clause 1, Article 18 of this Decree and provincial-level People’s Committee(s) of locality(ies) where its branch(es) or representative office(s) will be located.

2. Branches and representative offices are affiliated units of a fund and shall operate in accordance with law and its charter. The fund shall take responsibility for operation of its branches and representative offices.

3. Branches and representative offices of a fund are subject to state management by provincial-level People’s Committees of localities where they are located.

4. A dossier for announcement of establishment of a branch or representative office of a fund must comprise:

a/ A notice of establishment of a branch or representative office of the fund, clearly stating the name and head-office address of the fund; operation purposes, main operation fields and operation scope of the fund; name, office address and contents and scope of operation of the branch or representative office; full name, place of permanent residence and serial number of people’s identity card or citizen identity card or passport of the head of the branch or representative office; and signature and full name of at-law representative and seal of the fund;

b/ A certified copy of the decision of the fund management board on establishment of the branch or representative office;

c/ A certified copy of the decision appointing the head of the branch or representative office;

d/ Certified copies of the fund establishment license and charter recognition paper and a certified copy of the recognized charter of the fund (which are not required for the dossier submitted to the agency competent to grant fund establishment licenses and charter recognition papers).

Article 33. Legal persons attached to funds

1. A fund may set up its attached legal persons in accordance with specialized laws, which shall operate in the fields stated in its charter recognized by a competent state management agency; if specialized laws specifically prescribe conditions, procedures and dossiers and specify agencies competent to grant operation licenses (operation licenses, business licenses or other forms), the fund shall decide to set up its legal persons in accordance with such specialized laws.

2. Funding sources for setting up legal persons exclude donations and aid of domestic and foreign entities.

 

Chapter IV

ASSETS AND FINANCE OF FUNDS

Article 34. Assets and financial amounts of funds

1. Assets and financial amounts of a fund include:

a/ Its Vietnam-dong amounts and assets converted into Vietnam-dong amounts (including objects, foreign currencies, valuable papers, property rights and assets of other types) contributed by individuals and organizations. Individuals and organizations that have contributed their assets to the fund will no longer have the ownership rights over and civil liability for such assets. Assets being working offices, equipment, technologies or property rights shall be valuated by a lawfully established price appraisal institution;

b/ Gains and profits from its assets and financial amounts;

c/ Other lawful assets and financial amounts.

2. Assets and financial amounts of a fund shall be used to ensure its initial operations and spent for its tasks in accordance with its charter and law.

3. The contribution of assets being Vietnam-dong amounts, foreign currencies or gold converted into Vietnam-dong amounts to a fund shall be made via its bank account, unless otherwise prescribed by law.

Article 35. Revenues of funds

1. Voluntary contributions and lawful donations of domestic and overseas entities in accordance with law. Revenues of a fund exclude assets of founding members as prescribed in Clause 1, Article 14 of this Decree.2. Revenues from the provision of services or other activities in accordance with law.

3. State budget allocations (if any) for:

a/ Performance of tasks assigned by state agencies;

b/ Provision of public services and implementation of scientific research programs, target programs and projects ordered by the State.

4. Interests on savings deposits and government bonds.

5. Other lawful revenues (if any).

Article 36. Use of funds

1. To finance programs and schemes of humanitarian and charity purposes for promoting the development of culture, education, health, physical training and sports and science or for other social purposes for community development in accordance with charters of funds. To provide funding under the authorization of individuals or organizations and implement targeted funding projects in accordance with law. To provide funding to organizations and individuals in conformity with operation purposes of funds.

2. The mobilization, receipt, distribution and use of voluntary contributions to help people overcome difficulties caused by natural disasters, fires or serious incidents and patients suffering fatal diseases must comply with the Government’s regulations on mobilization, receipt, distribution and use of voluntary contributions to help people overcome difficulties caused by natural disasters, fires or serious incidents and patients suffering fatal diseases.

3. The receipt and use of aid from foreign non-governmental organizations must comply with the Government’s regulations on management and use of foreign non-governmental aid, and relevant documents.

4. To pay for the provision of public services, implementation of scientific research projects and target programs and schemes ordered by the State or performance of other tasks assigned by state agencies.

5. To cover fund management expenses.

6. To purchase government bonds or make savings deposits with idle money amounts of funds (excluding state budget allocations, if any).

7. To carry out service provision activities or other activities.

Article 37. Fund management expenses

1. Fund management expenses include:

a/ Payment of salaries and allowances for managerial staff members of funds;

b/ Payment of social insurance, unemployment insurance and health insurance premiums and other amounts to be contributed under regulations;

c/ Working office rentals (if any);

d/ Payment for procurement and repair of stationery and assets for operation of funds;

dd/ Payment for public services serving operation of funds;

e/ Payment of work-trip allowance for those engaged in the mobilization, receipt, transportation and distribution of relief money and goods;

g/ Payment for activities related to the performance of general tasks in the course of mobilization, receipt, transportation or distribution of relief money and goods (money amounts for renting warehouses and storing yards; packaging and transporting goods; money transfer; and activities related to the distribution of relief money and goods);

h/ Other expenses related to operation of funds.

2. Norms of fund management expenses:

a/ The management board of a fund shall specify a rate of fund management expenses which, however, must not exceed 5% of the fund’s total annual revenues (excluding donations in kind, state donations for the provision of public services and implementation of scientific research projects and target programs and schemes ordered by the State, and donations with clearly indicated money amounts and recipients);

b/ In case total demands for fund management expenses exceed 5% of the fund’s total annual revenues, the fund management board shall specify a spending rate not exceeding 10% of the fund’s total annual revenues;

c/ Fund management expenses that are not used up by the year end may be carried forward to the subsequent year for further use under regulations.

Article 38. Management of assets and finance of funds

1. The fund management board of a fund shall issue regulations on the management and use of assets and finance and spending norms of the fund; approve rate of fund management expenses, financial plans and annual financial final accounts of the fund.

2. The fund control board of a fund shall inspect and supervise operations of the fund and report and make proposals on assets and finance of the fund to the fund management board.

3. The fund director shall comply with regulations on management and use of assets, finance, revenues and spending norms of the fund according to the fund management board’s resolution on the basis of tasks and operations approved by the management board; assets and finance of the fund may not be used for activities different from operation purposes of the fund.

4. The fund management board and fund director shall quarterly and annually publicize information on assets and finance of the fund, specifically as follows:

a/ List of contributors and donors and their contributions and donations in cash and in kind to the fund;

b/ List of beneficiaries and donations in cash and in kind they have received; information on use of contributions and final settlement of revenues and expenditures from contributions;

c/ Report on assets and finance of the fund and quarterly and annual final accounts by revenue and expenditure item in accordance with the Accounting Law and guiding documents.

5. Reports on expenditure items for each fundraising campaign shall be made under current regulations on mobilization, receipt, distribution and use of voluntary contributions to help people overcome difficulties caused by natural disasters or fires and patients suffering fatal diseases.

6. The fund shall annually publicize its financial statements, final settlement reports and audit conclusions (if any) in the mass media under current regulations.

 

Chapter V

CONSOLIDATION, MERGER, DIVISION, SPLITTING-UP, RENAMING; SUSPENSION AND DISSOLUTION OF FUNDS

Article 39. Consolidation, merger, division, splitting-up and renaming of funds

1. The consolidation, merger, division and splitting-up of funds must comply with relevant laws.

2. Procedures for consolidation, merger, division or splitting-up of funds:

a/ Fund(s) planned to undergo consolidation, merger, division or splitting-up shall send 1 dossier prescribed in Clause 3 of this Article to a competent state agency specified in Article 18 of this Decree;

b/ Within 30 working days after receiving a complete and valid dossier, the competent state agency specified in Article 18 of this Decree shall consider and permit the consolidation, merger, division or splitting-up of the fund(s); in case of refusal to permit, it shall issue a written reply, clearly stating the reason;

c/ Consolidating funds, merged fund or dividing fund shall terminate their/its existence and operation after obtaining a decision issued by the competent state agency specified in Article 18 of this Decree permitting the consolidation, merger or splitting-up. Rights and obligations of consolidating funds, merged fund or dividing fund shall be transferred to newly founded funds and merging fund. In case of splitting-up of a fund, the splitting-up fund and split-up (newly founded) fund shall exercise rights and perform obligations in conformity with their operation purposes and take joint responsibility for obligations of the fund before the splitting-up.

3. A dossier for consolidation, merger, division or splitting-up of fund(s) must comprise:

a/ A request for consolidation, merger, division or splitting-up of the fund(s), clearly stating the reason and new name(s) of the fund(s).

b/ Draft charter(s) of the fund(s);

c/ Resolution(s) of the fund management board(s) on consolidation, merger, division or splitting-up of the fund(s); written consents of founding members of the fund(s) or their lawful representatives (if any);

d/ Tentative personnel of the fund management board(s);

dd/ Plan on settlement of issues related to assets, finance and labor upon the consolidation, merger, division or splitting-up of the fund(s).

4. Renaming of a fund:

a/ The renaming of a fund shall be stated in a resolution of its management board and agreed in writing by its founding members or their lawful representatives (if any);

b/ The fund shall send to a competent state agency specified in Article 18 of this Decree 1 dossier for renaming, comprising a request for its renaming; its management board’s resolution on renaming; draft modified charter; and written consents of its founding members or their lawful representatives (if any);

c/ Within 15 working days after receiving a complete and valid dossier, the competent state agency specified in Article 18 of this Decree shall consider and re-grant a license for renaming and recognition of the charter of the fund. In case of refusal to re-grant such a license, it shall issue a written reply, clearly stating the reason.

Article 40. Suspension of operation of funds

1. A fund shall be suspended from operation for 6 months if falling into one of the following cases:

a/ Operating for improper purposes or at variance with its charter recognized by a competent state agency; getting into serious internal contradictions which cannot be settled by involved parties; or being involved in complicated issues related to security and order in the course of organization and operation;

b/ Violating the State’s regulations on management of assets and finance;

c/ Using targeted donations for improper purposes;

d/ Mobilizing donations for purposes other than those specified in its charter;

dd/ Failing to commence operation for 6 consecutive months;

e/ Failing to make sufficient reports on its organization and operation and annual financial statements and to remedy its violations even past 30 working days from the date of receiving a written reprimand from a competent state agency specified in Article 18 of this Decree;

g/ Failing to report on change of its head-office address, members of the fund management board or fund director;

h/ Falling into one of the cases specified at Points a, b, c, d, dd, e, g and l, Clause 2, Article 8, and Clause 1, Article 49, of this Decree.

2. Within 15 working days after obtaining conclusions on violations of the fund under Clause 1 of this Article, the competent state agency specified in Article 18 of this Decree shall issue a decision to suspend operation of the fund. Apart from being suspended from operation, the fund shall, depending on the nature and severity of its violations, be administratively sanctioned. If causing damage, the fund shall pay compensations and persons in charge of managing the fund shall be handled in accordance with law.

3. If the fund can remedy its violations during the suspension period, it shall make 1 dossier of request for resumption of operation and send it to the competent state agency specified in Article 18 of this Decree for consideration and decision. The dossier must comprise:

a/ A written request for operation resumption;

b/ Its management board’s report on and documents proving the remediation of violations.

4. Within 15 working days after receiving a complete and valid dossier as prescribed in Clause 3 of this Article, the competent state agency specified in Article 18 of this Decree shall permit the fund to resume its operation. In case of refusal, it shall issue a written reply, clearly stating the reason.

5. Past the suspension period, if the fund cannot remedy its violations, this period shall be prolonged for 1 month. Past the prolonged period, if the fund still fails to remedy its violations, the competent agency specified in Article 18 of this Decree shall issue a decision to dissolve the fund.

6. The agency competent to grant fund establishment licenses shall issue administrative sanctioning decisions and transfer files of violations to competent agencies for handling.

Article 41. Dissolution of funds

1. A fund may dissolve at its own will or be dissolved.

2. A fund may dissolve at its own will in the following cases:

a/ It terminates its operation under its charter;

b/ Its operation objectives have been fulfilled;

c/ It no longer has assets or finance for operation.

3. Order, procedures and dossier for self-dissolution of a fund: The fund management board shall issue a resolution on self-dissolution of the fund and send 1 dossier of request for self-dissolution to a competent state agency specified in Article 18 of this Decree. Such a dossier must comprise:

a/ A written request for permission for self-dissolution;

b/ The management board’s resolution on self-dissolution, clearly stating the reason;

c/ An inventory of assets and financial amounts of the fund, bearing signatures of the chairperson of the fund management board, head of the inspection board, fund director and accounting manager;

d/ A document stating projected methods of settling issues related to assets, finance and labor, and time limit for debt payment;

dd/ A notice of time limit for payment of debts (if any) to related organizations or individuals in accordance with law, published on 3 (three) consecutive issues of a central printed or online newspaper, for funds licensed by the Minister of Home Affairs, or of a local printed or online newspaper, for funds licensed by chairpersons of provincial-level People’s Committees;

e/ Documents proving the fulfillment of property and financial liabilities of the fund.

4. A fund shall be dissolved in the following cases:

a/ Failing to report on its organization, operation and finance under regulations or failing to disclose its financial statements or reports on its final accounts and audit conclusions (if any) in 2 consecutive years; getting into serious internal contradictions which cannot be settled by involved parties themselves, greatly impacting operation of related state agencies;

b/ Fabricating accounting information or faking registered bank account numbers; failing to reach the level of capital disbursement prescribed in this Decree;

c/ Not falling in the cases of self-dissolution specified in Clause 2 of this Article;

d/ Committing one of the acts specified in Article 9 of this Decree;

dd/ Failing to remedy its violations under Clause 5, Article 40 of this Decree even past the suspension period.

5. Responsibilities of state agencies competent to grant fund establishment licenses in case a fund dissolves at its own will or is dissolved:

a/ In case a fund dissolves at its own will: Within 15 working days after the expiration of the time limit stated in the notice of payment of debts and liquidation of assets and financial amounts of the fund upon its self-dissolution, if receiving no complaints, a competent state agency specified in Article 18 of this Decree shall consider and issue a decision to dissolve the fund and revoke its establishment license and charter recognition paper;

b/ In case a fund is dissolved: Within 15 working days after obtaining a written conclusion on its violations, a competent state agency specified in Article 18 of this Decree shall issue a notice of dissolution of the fund and time limit for payment of debts and liquidation of assets and financial amounts of the fund on 3 consecutive issues of a central printed or online newspaper, for funds licensed by the Minister of Home Affairs, or of a local printed or online newspaper, for funds licensed by chairpersons of provincial-level People’s Committees. Within 15 working days after the deadline for debt payment and liquidation of assets and financial amounts stated in the notice, if receiving no complaints, the competent state agency specified in Article 18 of this Decree shall issue a decision to dissolve the fund and revoke its establishment license and charter recognition paper;

c/ In case a to-be-dissolved fund does not agree with the dissolution decision, it may lodge a complaint in accordance with law. Pending the settlement of its complaint, the fund shall cease its operation.

6. A fund shall terminate its operation on the effective date of the fund dissolution decision issued by a competent state agency.

Article 42. Disposal of assets upon consolidation, merger, division, splitting-up, suspension or dissolution of funds

1. When the merger, consolidation, division or splitting-up of fund(s) is permitted by a competent state agency, all money amounts and assets of the fund(s) shall be inventoried and stated in an inventory record before the merger, consolidation, division or splitting-up; and assets of such fund(s) may not be divided. Money amounts and assets of the fund(s) founded after the merger, consolidation, division or splitting-up must be equal to total money amounts and assets of the fund(s) before the merger, consolidation, division or splitting-up as stated in the inventory record. Total money amounts and assets of the fund(s) founded after the division or splitting-up must be equal to those before the division or splitting-up as stated in the inventory record.

2. In case a fund is suspended from operation, all of its money amounts and assets shall be inventoried and its assets shall be kept intact. During the operation suspension period, the fund may pay regular expenses for its apparatus until a decision of the competent state agency.

3. In case a fund is dissolved, its assets may not be divided. The sale and liquidation of its assets must comply with relevant laws.

4. All existing money amount of a fund and proceeds from the sale or liquidation of assets of such fund upon its dissolution shall be used to cover expenses in the following order of priority:

a/ Expenses for dissolution of the fund;

b/ Salaries, severance allowances, and social insurance and health insurance premiums for employees in accordance with law and other benefits of employees under signed collective labor agreements and labor contracts;

c/ Tax arrears and other liabilities.

5. The remainder of assets and financial amounts of a fund and assets and financial amounts donated by domestic and foreign organizations to such fund shall be remitted into the budget of the level equivalent to the level of the agency that has licensed the fund establishment. For assets allocated or originating from the state budget (if any), the fund shall transfer them to the State for disposal of in accordance with the law on management and use of public assets.

Article 43. Responsibilities of fund management boards in the consolidation, merger, division, splitting-up, dissolution or renaming of funds

1. Fund management boards shall organize the implementation of decisions on consolidation, merger, division, splitting-up, dissolution or renaming of their funds.

2. The disposal of assets and financial amounts upon the consolidation, merger, division, splitting-up or dissolution of funds must comply with their charters and law.

Article 44. Complaints and denunciations

Complaints and denunciations shall be settled in accordance the law on complaints and denunciations.

Chapter VI

STATE MANAGEMENT OF FUNDS

Article 45. Responsibilities of the Ministry of Home Affairs

1. To formulate and submit to competent authorities for promulgation or promulgate according to its competence legal documents on funds.

2. To guide ministries, ministerial-level agencies, government-attached agencies and provincial-level People’s Committees in implementing the regulations on funds.

3. To exercise its competence provided in Clause 1, Article 18 of this Decree; to consult in writing ministries and ministerial-level agencies in charge of main operation areas of funds when settling fund-related procedures falling within the competence of the Minister of Home Affairs.

4. To assume the prime responsibility for, and coordinate with other ministries and ministerial-level agencies in, performing the state management of organization and operation of funds.

5. To commend or propose competent authorities to commend funds in accordance with law.

6. To inspect, examine and supervise the organization and operation of funds.

7. To settle complaints and denunciations and handle violations falling within the ambit of its functions and tasks in accordance with the law on complaints and denunciations.

8. To summarize information on the organization and operation of funds for reporting to the Prime Minister.

9. To promulgate and guide forms of decisions, model charter, forms and dossiers related to funds, and documents on meetings to elect founding boards of funds.

Article 46. Responsibilities of the Ministry of Finance

1. To guide the accounting work of funds in accordance with the accounting law.

2. To assume the prime responsibility for, and coordinate with the Ministry of Home Affairs in, inspecting, examining and supervising financial operations of funds; to inspect and examine the observance of the tax laws; to settle finance-related complaints and denunciations and handle finance-related violations committed by funds licensed by the Ministry of Home Affairs.

Article 47. Responsibilities of ministries and ministerial-level agencies for funds operating in the sectors under their management

1. Within 15 days after receiving a request for opinion concerning funds operating in the sectors under their management, to provide the Ministry of Home Affairs with their written opinions on consulted issues under Clause 3, Article 45 of this Decree.

2. To settle complaints and denunciations and handle violations committed by funds which fall within the ambit of their functions and tasks in accordance with the law on complaints and denunciations. To guide and help funds participate in activities in the sectors under their management in accordance with law.

3. To inspect funds in their observance of sector-based state management regulations, handle or propose competent state agencies to handle their violations in accordance with law.

4. To commend or propose competent authorities to commend funds operating in the sectors under their management in accordance with the law on emulation and commendation.

5. To notify in writing the Ministry of Home Affairs of their decisions to assign funds to participate in activities in the sectors under their management and provide funding to funds, for funds licensed by the Ministry of Home Affairs.

Article 48. Responsibilities of provincial-level People’s Committees

1. Responsibilities of provincial-level People’s Committees toward funds they grant establishment licenses:

a/ To perform the state management of the organization and operation of funds under Clause 2, Article 18 of this Decree;

b/ To manage, inspect, examine and supervise the observance of law and charters by funds operating in localities;

c/ To settle complaints and denunciations and handle violations related to funds; to commend or propose competent authorities to commend funds operating in localities;

d/ To consider providing support to funds operating in localities;

dd/ To consider and permit funds operating in localities to receive donations from domestic and overseas organizations and individuals in accordance with law;

e/ To direct and guide provincial-level departments and district- and commune-level People’s Committees in managing funds;

g/ To annually summarize and report to the Ministry of Home Affairs and Ministry of Finance on the organization, operation and management of funds in localities.

2. Responsibilities of provincial-level People’s Committees toward funds that are licensed by the Ministry of Home Affairs and operate in localities: To perform the state management of inspection and examination, and proposing the handling of violations, and annually summarize and report on operations of funds to the Ministry of Home Affairs in accordance with law.

 

Chapter VII

IMPLEMENTATION PROVISIONS

Article 49. Effect

1. For a fund established under previous regulations but not yet consolidated under this Decree, within 6 months from the effective date of this Decree, such fund shall complete a dossier under Article 20, and at Points b and c, Clause 2, Article 25, of this Decree, and send it to a competent state agency for consideration and recognition of the (modified) charter and management board of the fund.

2. This Decree takes effect on January 15, 2020.

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

Article 50. Implementation responsibility

1. The Minister of Home Affairs and Minister of Finance shall, within the ambit of their functions, tasks and powers, detail contents assigned to them in this Decree; and guide, organize and inspect the implementation of this Decree.

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

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC


[1] Công Báo Nos 927-928 (5/12/2019)

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