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

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

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