Law on Red-cross Activities, No.11/2008/QH12

THE STATE PRESIDENT

ORDER No. 06/2008/L-CTN OF JUNE 12, 2008 ON THE PROMULGATION OF LAW

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 103 and 106 of the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;

Pursuant to Article 91 of the Law on Organization of the National Assembly;

Pursuant to Article 50 of the Law on Promulgation of Legal Documents,

PROMULGATES:

the Law on Red-Cross Activities,

which was passed on June 3, 2008, by the XIIth National Assembly of the Socialist Republic of Vietnam at its 3rd session.

President of the Socialist Republic of Vietnam
NGUYEN MINH TRIET

LAW ON RED-CROSS ACTIVITIES

(Law No. 11/2008/QH12)

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Red-Cross Activities.

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope and subjects of application

1. This Law provides for red-cross activities; the emblem in red-cross activities; mobilization, receipt, management and use of resources for red-cross activities; international cooperation on red-cross activities; Vietnam Red Cross Society (below referred to as the Red Cross Society); and responsibilities of state agencies, organizations and individuals in red-cross activities.

2. This Law applies to domestic organizations and individuals, foreign organizations and individuals, international organizations (below collectively referred to as organizations and individuals) that participate in red-cross activities in Vietnam.

Article 2.- Red-cross activities

Red-cross activities are community-based humanitarian activities conducted by the Red Cross Society itself or in coordination with organizations and individuals for emergency relief and humanitarian aid; healthcare; first-aid; humanitarian donation of blood, tissue, human organs and cadavers; search for information on relatives lost due to wars, natural disasters and catastrophes; propagation of humanitarian values; and participation in catastrophe prevention and response.

Article 3.- Principles for red-cross activities

1. Being voluntary, selfless.

2. Being public, transparent; for proper purposes and target beneficiaries; timely and effective.

3. Being non-discriminatory, conformable to the nation’s humane tradition.

4. Using the red-cross emblem.

5. Complying with Vietnamese law and treaties on humanitarian activities to which the Socialist Republic of Vietnam is a contracting party.

Article 4.- State policies on red-cross activities

1. The State adopts policies to encourage, support and create favorable conditions for organizations and individuals to participate in red-cross activities.

2. When participating in red-cross activities, organizations or individuals that suffer material damage will be compensated according to law; individuals who suffer health damage or loss of life are entitled to regimes and policies prescribed by law.

Article 5.- Responsibilities of Vietnam Fatherland Front and its member organizations, of other organizations and individuals in red-cross activities

1. Vietnam Fatherland Front and its member organizations as well as other organizations shall, within the ambit of their respective functions and tasks, propagate and mobilize their members and people to participate in red-cross activities; and supervise the enforcement of the law on red-cross activities.

2. The Ho Chi Minh Communist Youth Union shall, apart from implementing the provisions of Clause 1 of this Article, coordinate with the Red Cross Society in organizing youths and children to carry out red-cross activities.

3. Organizations and individuals shall, within the ambit of their respective tasks and powers, facilitate red-cross activities.

Article 6.- Prohibited acts

1. Hindering organizations or individuals from participating or compelling them to participate in red-cross activities.

2. Using or supplying poor-quality products, goods or services which cause harms to human health or life in red-cross activities.

3. Untruthfully or falsely reporting on, appropriating or illegally using money and objects donated or contributed for red-cross activities by organizations or individuals.

4. Taking advantage of red-cross activities to infringe upon national security, social order and safety.

5. Abusing red-cross activities for self-seeking purposes.

6. Requesting persons entitled to relief or aid to pay expenses for the receipt, transportation and distribution of money and objects in red-cross activities.

7. Illegally using the red-cross emblem.

Chapter II

RED-CROSS ACTIVITIES

Article 7.- Red-cross activities on emergency relief and humanitarian aid

1. Emergency relief red-cross activities means activities of providing timely and direct support for victims of wars, natural disasters, epidemics, fires, traffic accidents and other accidents or catastrophes, including:

a/ Relief in cash or kind and assistance to initially overcome difficulties;

b/ Moral encouragement, psychological support.

2. Humanitarian-aid red-cross activities means activities of assisting the disabled, the supportless elderly, orphaned children and persons in other difficult plights, including:

a/ Aid with money, means, labor;

b/ Aid with funds for vocational training, job creation;

c/ Aid with funds for medical examination and treatment, functional rehabilitation;

d/ Other aid.

3. Emergency relief and humanitarian aid must ensure the principle of prioritizing the most difficult localities and target beneficiaries and are provided as follows:

a/ For emergency relief, money and objects are supplied promptly and directly to the target beneficiaries defined in Clause 1 of this Article;

b/ For humanitarian aid, the recipients of aid money and objects are identified on the basis of public and democratic assessment by communities and certification by People’s Committees of communes, wards or townships (below collectively referred to as commune-level) or social relief establishments where target beneficiaries are nurtured.

Article 8.- Healthcare red-cross activities

Healthcare red-cross activities means activities which contribute to protecting and improving the people’s health and participating in epidemic prevention and combat, including:

1. Propagating and disseminating knowledge on healthcare; mobilizing, guiding and supporting people in the application of measures to care for the health of their own, their families and communities;

2. Organizing forces, training and retraining members and volunteers in knowledge, skills and methods to conduct healthcare activities;

3. Participating in epidemic prevention and control;

4. Organizing humanitarian medical examination and treatment establishments and mobile medical examination and treatment according to law.

Article 9.- First-aid red-cross activities

First-aid red-cross activities means activities of giving first aid to victims of wars, natural disasters, epidemics, fires, traffic accidents and other accidents or catastrophes, including:

1. Organizing first aid on the spot, promptly carrying victims to medical establishments and notifying their families, agencies or organizations where the victims work or commune-level People’s Committees of localities where they reside;

2. Organizing forces, training and retraining members and volunteers in first-aid skills and methods;

3. Organizing first-aid spots or stations at places where accidents frequently occur, providing first-aid tools.

Article 10.- Red-cross activities on humanitarian donation of blood, human tissue, organs and cadavers

1. Red-cross activities on humanitarian blood donation means activities which contribute to meeting demands for blood in service of medical treatment, including:

a/ Conducting blood-donation propagation and mobilization;

b/ Organizing blood-donation forces and establishments;

c/ Organizing blood donations;

d/ Receiving blood and blood products from organizations and individuals;

e/ Coordinating with the health sector in testing and preserving blood and blood products according to technical processes.

2. Red-cross activities on donation of human tissue, organs and cadavers means activities of propagating for the significance and humanitarian purposes of the donation of human tissues, organs and cadavers.

Article 11.- Red-cross activities on search for information on relatives lost due to wars, natural disasters, catastrophes

Red-cross activities on search for information on relatives lost due to wars, natural disasters or catastrophes means activities of supplying information on relatives or supporting individuals lost at home or overseas due to wars, natural disasters or catastrophes to meet and reunite with their families, including:

1. Propagating the purposes, significance and scope of red-cross activities on search for information on relatives;

2. Gathering, processing or supporting the exchange of, information on relatives of individuals or families that need the search for information, if common communication channels are interrupted;

3. Advising, guiding, supporting or assisting individuals, families and their relatives in establishing contacts or carrying out necessary procedures for family meets and reunion.

Article 12.- Red-cross activities on propagation for humanitarian values

Red-cross activities on propagation for humanitarian values means those aiming to raise the awareness of organizations and individuals about the following contents:

1. Purposes, significance and contents of such red-cross activities; the Vietnamese nation’s tradition of altruism, humanity and unity;

2. State policies and law on red-cross activities;

3. International humanitarian law, fundamental principles of the International Red Cross and Red Crescent Movement, other treaties on humanitarian activities to which the Socialist Republic of Vietnam is a contracting party.

Article 13.- Red-cross activities on catastrophe prevention and response

Red-cross activities on catastrophe prevention and response means activities of minimizing the danger of catastrophic occurrence as well as human and material losses upon their occurrence, including:

1. Propagating and disseminating knowledge and instructing skills for red-cross members and volunteers as well as people on catastrophe prevention and response.

2. Organizing forces, means and other material foundations for participation in catastrophe prevention and response;

3. Participating in evacuation, movement and protection of people as well as post-catastrophe community-based functional rehabilitation activities.

Chapter III

EMBLEM IN RED-CROSS ACTIVITIES

Article 14.- Red-cross emblem

1. The red-cross emblem is a cross in red on white background. The red-cross emblem is respected and protected by law.

2. The red-cross emblem is a sign for recognizing persons conducting red-cross activities as well as establishments, means and things used in red-cross activities. In armed conflicts, the red-cross emblem is a sign for recognizing and protecting persons, establishments, means and objects bearing such emblem.

Article 15.- Use of the red-cross emblem

1. The red-cross emblem is used when red-cross activities are being carried out and at establishments and on means or objects of the Red-Cross Society.

2. Upon armed conflicts, the red-cross emblem is used in accordance with the relevant Geneva Conventions and their Additional Protocols to which the Socialist Republic of Vietnam is a contracting party.

Article 16.- Red-crescent emblem, red-crystal emblem

The red-crescent and red-crystal emblems used in Vietnam by international or foreign organizations of the International Red-Cross and Red Crescent Movement are respected and protected by law.

Chapter IV

MOBILIZATION, RAISING, RECEIPT, MANAGEMENT AND USE OF RESOURCES FOR RED-CROSS ACTIVITIES

Article 17.- Resources for red-cross activities

1. Resources for red-cross activities cover human resources, money, objects and other resources mobilized, raised and received from organizations and individuals, and state budget supports.

2. The Government shall specify state budget supports for red-cross activities.

Article 18.- Mobilization, raising of money, objects and other resources for red-cross activities

1. The Red-Cross Society shall organize the mobilization and raising of money, objects, labor and intellect of organizations and individuals for red-cross activities.

In case of natural disasters, catastrophes or dangerous epidemics which cause serious consequences in human lives and property, the Red-Cross Society shall call upon domestic and foreign red-cross organizations to provide supports.

The Government shall guide and direct relevant state agencies to facilitate and promptly carry out exit and entry as well as customs procedures for people, money and objects in service of red-cross activities upon the occurrence of natural disasters, catastrophes or dangerous epidemics.

2. The mobilization and raising of money, objects, labor and intellect must ensure the principle of voluntariness and be carried out in accordance with law.

3. The mobilization and raising of money, objects, labor and intellect for red-cross activities must be carried out in an open and transparent manner as provided for in Article 21 of this Law.

4. Those who are in need of relief or aid will be publicized for people to know and join in relief or aid provision.

Article 19.- Receipt, manage and use of money and objects from organizations and individuals and state budget supports for red-cross activities

1. The Red Cross Society shall receive, manage and use money and objects from organizations and individuals, and state budget supports for red-cross activities.

2. The Red Cross Society shall coordinate with People’s Committees at all levels in promptly making lists of, and organizing the hand-over of money and objects to, those who are in need of relief or aid.

3. The management and use of mobilized, raised or received money and objects must ensure proper purposes and beneficiaries defined by law and must be open and transparent as provided for in Article 21 of this Law.

Article 20.- Tax exemption or reduction for goods and services used for red-cross activities

Goods and services used for red-cross activities are entitled to tax exemption or reduction under the tax law.

Article 21.- Publicity and transparency in mobilization, raising, receipt, management and use of money and objects for red-cross activities

1. The raising, receipt, management and use of money and objects from organizations and individuals for red-cross activities must be open and transparent and subject to inspection, examination and supervision as provided for by law.

2. The contents to be made public and transparent cover mobilization or raising purposes and results, the use and use results and final settlement reports.

3. The forms of publicity include:

a/ Display at places where money, objects, relief and aids are received;

b/ Announcement on mass media;

c/ Supply of information at the request of agencies, organizations or individuals according to law.

4. Organizations and individuals conducting red-cross activities shall comply with the publicity forms prescribed at Points a and c, Clause 3 of this Article and may opt for the publicity form defined at Point b, Clause 3 of this Article.

5. The publicity time is stipulated as follows:

a/ Mobilization and raising purposes shall be publicized before conducting the mobilization and raising;

b/ Mobilization and raising results shall be publicized within thirty days after the end of a mobilization or raising;

c/ The use and results of  the use of money and objects and the final settlement reports shall be publicized within thirty days after final settlement reports are approved;

d/ Within ten days after a request defined at Point c, Clause 3 of this Article is made, the Red Cross Society, organizations and individuals conducting red-cross activities shall supply information, except the information contents already announced on the mass media or posted up; if they do not or are not yet able to supply information, they shall reply the requesting agencies, organizations or individuals in writing and clearly state the reasons.

Article 22.- Red-cross activity fund

1. The red-cross activity fund constitutes a social and charity fund managed by the Red Cross Society and used for red-cross activities.

2. The red-cross activity fund is formed from the following sources:

a/ Voluntary contributions, financial assistance of organizations and individuals; humanitarian aid of international organizations or foreign governments;

b/ State budget supports in case of necessity;

c/ Other lawful revenues.

3. The red-cross activity fund embraces an emergency relief fund and other component funds established under law.

4. The establishment, organization, operation and management of the red-cross activity fund must comply with the Government’s regulations.

Chapter V

INTERNATIONAL COOPERATION ON RED-CROSS ACTIVITIES

Article 23.- Principles for international cooperation on red-cross activities

International cooperation on red-cross activities is carried out on the basis of respect for Vietnam’s independence, sovereignty and territorial integrity and equality and must comply with Vietnamese law and international law on red-cross activities.

Article 24.- Contents of international cooperation on red-cross activities

1. Formulation and realization of programs and projects on red-cross activities.

2. Fulfillment of international obligations of the International Red Cross and Red Crescent Movement.

3. Exchange of information and experience on red-cross activities.

4. Training of persons conducting red-cross activities.

5. Conclusion, accession to, and implementation of treaties or international agreements on red-cross activities.

Article 25.- Red-cross activities of international organizations, foreign organizations and individuals in Vietnam

Organizations under the International Red Cross and Red Crescent Movement, other international organizations and foreign organizations and individuals, when participating in red-cross activities in Vietnam, shall comply with Vietnamese law and be given favorable conditions by the Vietnamese State.

Article 26.- International relief

1. The Red Cross Society shall participate in international relief activities on the basis of compliance with the basic principles of the International Red Cross and Red Crescent Movement, Vietnamese law, treaties to which the Socialist Republic of Vietnam is a contracting party, laws of host countries and international law and practice.

2. The Red Cross Society shall issue appeals to Vietnamese people to render support to peoples of countries hit by serious catastrophes after getting the consent of the Prime Minister.

3. The State shall create conditions for the Red Cross Society to participate in international relief activities.

Chapter VI

RED CROSS SOCIETY

Article 27.- Red-Cross Society

1. The Red Cross Society is a social organization conducting humanitarian activities in accordance with Vietnamese law and international law, fundamental principles of the International Red Cross and Red Crescent Movement, other treaties to which the Socialist Republic of Vietnam is a contracting party, and the Society’s Charter.

2. The Red Cross Society is a member of Vietnam Fatherland Front and a member of the International Red Cross and Red Crescent Movement, having the tasks to organize or coordinate in organizing red-cross activities and perform other tasks assigned by competent state agencies.

Article 28.- Operation fund and assets of the Red Cross Society

1. The operation fund of the Red Cross Society is formed from the following sources:

a/ Membership fee;

b/ Supports of organizations and individuals;

c/ State budget supports for the mobilization, receipt, transportation and distribution of relief money and objects and the performance of other tasks assigned by the State;

d/ Other lawful revenues.

2. The Red Cross Society shall receive, manage and use in accordance with law the assets assigned by the State and assets donated by organizations and individuals.

Chapter VII

RESPONSIBILITIES OF STATE AGENCIES AND MASS MEDIA AGENCIES IN RED-CROSS ACTIVITIES

Article 29.- Contents of the state management of red-cross activities

1. Promulgating, and organizing the implementation of, legal documents and policies on red-cross activities.

2. Propagating and disseminating policies and law on red-cross activities.

3. Inspecting and checking the implementation of the law on red-cross activities; settling complaints and denunciations about and handling violations of the law on red-cross activities.

4. Making statistics, information, propagation and reports on red-cross activities.

5. Undertaking international cooperation on red-cross activities.

Article 30.- Agencies performing the state management of red-cross activities

1. The Government shall perform the unified state management of red-cross activities.

2. The Ministry of Home Affairs is answerable to the Government for the state management of red-cross activities.

3. Ministries and ministerial-level agencies shall, within the ambit of their respective tasks and powers, coordinate with the Ministry of Home Affairs in performing the state management of red-cross activities.

4. People’s Committees at all levels shall, within the ambit of their respective tasks and powers, manage red-cross activities in their localities.

Article 31.- Responsibilities of the Ministry of Home Affairs

1. To formulate and submit to competent state agencies for promulgation or to promulgate according to its competence legal documents on red-cross activities.

2. To inspect and check the implementation of the law on red-cross activities; to make statistics and reports on red-cross activities.

Article 32.- Responsibilities of ministries

1. The Ministry of Labor, War Invalids and Social Affairs shall guide red-cross activities on emergency relief, humanitarian aid, search for information on relatives lost due to wars, natural disasters or catastrophes.

2. The Ministry of Health shall guide red-cross activities on healthcare, first-aid, donation of blood, human tissue, organs and cadavers for humanitarian purposes.

3. The Ministry of Finance shall guide the receipt, management and use of resources and state budget supports for red-cross activities.

4. The Ministry of Agriculture and Rural Development, the Ministry of Public Security and the Ministry of Defense shall guide red-cross activities on catastrophe prevention and response.

5. The Ministry of Foreign Affairs shall guide and support international cooperation on red-cross activities.

6. The Ministry of Education and Training shall guide the development of red-cross organizations and activities of youth and children in schools.

7. The Ministry of Information and Communication shall guide information and communication on red-cross activities.

Article 33.- Responsibilities of mass media agencies

Mass media agencies shall inform, propagate and jointly mobilize people to participate in red-cross activities, praise good models and criticize negative manifestations in the implementation of the law on red-cross activities.

Information and propagation on red-cross activities are conducted free of charge, unless they are carried out under contracts with programs or projects funded by organizations or individuals.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 34.- Implementation effect

This Law takes effect on January 1, 2009.

This Law was passed on June 3, 2008, by the XIIth National Assembly of the Socialist Republic of Vietnam at its third session.

Chairman of the National Assembly
NGUYEN PHU TRONG