|
THE
GOVERNMENT
-------
|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
---------------
|
|
No.
12/2012/ND-CP
|
Hanoi,
March 01, 2012
|
DECREE
ON REGISTRATION AND MANAGEMENT OF ACTIVITIES OF NONGOVERNMENTAL
ORGANIZATIONS IN VIETNAM
THE GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the June 3, 2008
Law on Promulgation of Legal Documents;
Pursuant to the Government's
Decree No. 15/2008/ND-CP of February 4, 2008, defining the Junctions, tasks,
powers and organizational structure of the Ministry of Foreign Affairs;
At the proposal of the
Minister of Foreign Affairs,
DECREES:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
GENERAL PROVISIONS
Article 1.
Scope of regulation and subjects of application
1. This Decree provides the
registration and management of development assistance and humanitarian aid
activities not for profit or other purposes of foreign non-governmental
organizations in Vietnam.
2. This Decree applies to
non-governmental organizations, non-profit organizations, social funds, private
funds or other social or non-profit organizations, which arc established under
foreign laws and carry out development assistance and humanitarian aid
activities not for profit or other purposes in Vietnam.
Article 2.
Interpretation of terms
In this Decree, the following
terms are construed as follows:
1. Foreign -non-governmental
organization means an organization specified in Clause 2, Article 1 of this
Decree.
2. Humanitarian and development
activities means activities to support development and provide humanitarian
aids not for profit or other proposes.
3. Program means a combination
of related activities and projects which may involve one or more than one
sector, domain, territory and stakeholder for achievement of one or more than
one set objective, are implemented for a relatively long period or in different
phases and funded by different sources in different times and with different
modes.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Non-project aid means an aid
not under a program or project which is provided in kind, cash or specialists
(including voluntary specialists) for humanitarian or development purposes.
6. Long-term commitment means a
commitment of funding or operation for at least 5 (five) years.
7. Vietnamese partner means a
Vietnamese agency or organization which directly cooperates and signs a
cooperation agreement with a foreign non-governmental organization or a
foreigner after being approved by a competent Vietnamese authority.
8. Registration certificate
means a document certifying that a foreign non-governmental organization has
registered operation under this Decree. A registration certificate can be an
operation registration certificate, a project office registration certificate
or a representative office registration certificate.
9. Representative office means a
Vietnam-based official representative agency of a foreign non-governmental
organization.
10. Project office means an
independent office or a section of a representative office, which is based in a
locality to supervise and implement projects financed by a foreign non-governmental
organization in that locality or in the area where there is no project office
upon project completion.
11. Framework agreement means an
agreement signed between a lawfully competent Vietnamese agency or organization
and a foreign non-governmental organization, which defines the rights,
responsibilities and contents of humanitarian and development activities of
that foreign non-governmental organization in Vietnam.
Article 3.
Policies of the Vietnamese State toward foreign non-governmental organizations
1. The Vietnamese State
encourages and creates favorable conditions for foreign nongovernmental
organizations to carry out humanitarian and development activities in Vietnam.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 4.
Prohibited acts
Foreign non-governmental
organizations are prohibited from:
1. Organizing or carrying out
political, religious and other activities against national interests, security,
defense and the great national unity of Vietnam.
2. Organizing, carrying out or
participating in activities for profit, not for humanitarian or development
purposes.
3. Organizing, carrying out or
participating in activities related to money laundering or terrorism.
4. Organizing, carrying out or
participating in activities harming social ethics or national fine customs and
practices or national traditions or identity.
5. Organizing, carrying out or
participating in other activities contrary to Vietnamese law.
Chapter II
REGISTRATION PROCEDURES
FOR FOREIGN NON-GOVERNMENTAL ORGANIZATIONS IN VIETNAM
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
A foreign non-governmental
organization may be considered for obtaining an operation registration
certificate, a project office registration certificate or a representative
office registration certificate.
Article 6.
Procedures for grant of an operation registration certificate
1. A foreign non-governmental
organization wishing to operate in Vietnam must:
a/ Have the legal person status
under the law of the country in which it is established.
b/ Have a clear operation
charter and guidelines. And
c/ Have a plan on humanitarian
and development activities in Vietnam through programs, projects or non-project
aids in line with socio-economic development policies of the Vietnamese State.
2. A foreign non-governmental
organization applying for an operation registration certificate shall submit a
dossier (a dossier in a foreign language must be enclosed with a lawfully
certified Vietnamese translation) directly, by post or through a foreign-based
Vietnamese representative mission to the Committee for Foreign Non-Governmental
Organization Affairs. A dossier comprises:
a/ The foreign non-governmental
organization's application signed by a competent person, to the Committee for
Foreign Non-Governmental Organization Affairs, containing the following
details:
- Full and abbreviated names of
the organization, address of its head office.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
- Summary of the organization's
history and development.
- Funding sources and capacity.
- Programs, projects and/or
operation plan in Vietnam.
- Commitment to strictly observing
Vietnamese law and respecting traditional customs and practices of Vietnam.
b/ A copy of the foreign
non-governmental organization's charter which is consularly legalized, unless
otherwise provided by a treaty which Vietnam has signed or acceded to.
c/ The original or a certified
copy of the legal status certificate issued by a competent authority of the
country in which the organization is established or headquartered, which is
consularly legalized, unless otherwise provided by a treaty which Vietnam has
signed or acceded to.
3. Within 45 (forty five)
working days after receiving a complete and valid dossier, the Committee for
Foreign Non-Governmental Organization Affairs shall notify in writing the
result to the concerned foreign nongovernmental organization.
4. If being approved to obtain
an operation registration certificate, a foreign nongovernmental organization
shall send the application signce to receive the operation registration
certificate directly at the office of the Committee for Foreign Non-Governmental
Organization Affairs. In case another person is authorized to do so. this
person shall produce a letter of authorization and personal paper (passport,
identity card, etc.), or the foreign nongovernmental organization may receive
the operation registration certificate by post.
5. An operation registration
certificate is valid for 3 (three) years from the date of its grant. An
operation registration certificate is invalidated when:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
The foreign non-governmental
organization has obtained a Vietnam-based project office or representative
office registration certificate.
Article 7.
Procedures for renewal of an operation registration certificate
1. At least 60 (sixty) days
before an operation registration certificate expires, a foreign
non-governmental organization shall submit a dossier (a dossier in a foreign
language must be enclosed with a lawfully certified Vietnamese translation)
directly or by post to the Committee for Foreign Non-Governmental Organization
Affairs. A dossier comprises:
a/ An application for renewal of
an operation registration certificate.
b/ The original operation
registration certificate.
c/ A brief report on the
organization's activities during the validity term of die granted operation
registration certificate.
d/ An operation plan of the
organization during the validity term of the renewed operation registration
certificate.
2. Within 30 (thirty) working
days after receiving a valid dossier, the Committee for Foreign
Non-Governmental Organization Affairs shall notify in writing the result to the
concerned foreign non-governmental organization.
3. If being approved for renewal
of its operation registration certificate, a foreign nongovernmental
organization shall send the application signee to receive the renewed operation
registration certificate directly at the office of the Committee for Foreign
Non-Governmental Organization Affairs. In case another person is authorized to
do so, this person shall produce a letter of authorization and personal paper
(passport, identity card, etc.), or the foreign non-governmental organization
may receive the operation registration certificate by post.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 8.
Procedures for supplementation, modification and re-grant of operation
registration certificates
1. When wishing to modify or
supplement its operation registration certificate or obtain a new one when its
operation registration certificate is lost, torn, damaged or rumpled, a foreign
non-governmental organization shall submit directly or by post to the Committee
for Foreign Non-Governmental Organization Affairs a dossier (a dossier in a
foreign language must be enclosed with a lawfully certified Vietnamese
translation), which comprises:
a/ An application for
modification, supplementation or re-grant of an operation registration
certificate, clearly stating the contents to be supplemented or modified and
the reason for such supplementation, modification or re-grant.
b/ The original operation
registration certificate, for modification, supplementation, or re-grant of a
torn, damaged or rumpled operation registration certificate.
c/ A certified true copy of the
operation registration certificate, for re-grant of a lost operation
registration certificate.
2. Within 30 (thirty) working
days after receiving a complete and valid dossier, the Committee for Foreign
Non-Governmental Organization Affairs shall notify in writing the result to the
concerned foreign nongovernmental organization.
3. If being approved for
modification, supplementation, or re-grant of its operation registration
certificate, the foreign nongovernmental organization shall send the
application signee to receive the supplemented, modified or re-granted
operation registration certificate directly at the office of the Committee for
Foreign Non-Governmental Organization Affairs. In case another person is
authorized to do so, this person shall produce a letter of authorization and
personal paper (passport, identity card, etc.), or the foreign nongovernmental
organization may receive the operation registration certificate by post.
Article 9.
Procedures for grant of a project office registration certificate
1. A foreign non-governmental
organization wishing to set up a project office in Vietnam must:
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b/ Have a program or project
approved by a competent Vietnamese authority and the size and nature of that
program or project requires regular and on-the-spot administration and
supervision.
2. A foreign non-governmental
organization applying for a project office registration certificate shall
submit directly, by post or through a foreign-based Vietnamese representative
mission to the Committee for Foreign Non-Governmental Organization Affairs a
dossier (a dossier in a foreign language must be enclosed with a lawfully
certified Vietnamese translation), which comprises:
a/ An application for
establishment of a project office, containing the following major details:
necessity to establish the project office; planned location of the office;
expected numbers of foreign and Vietnamese employees of the office.
b/ The original operation
registration certificate.
c/ A document on the program or
project in Vietnam and the original or certified true copy of the written
approval of a competent Vietnamese authority.
d/ The original or a copy of the
judicial record of the nominated project office chief issued by a competent
authority of the country of citizenship of that person, which is consularly
legalized. The original judicial record issued by a competent Vietnamese authority,
if this person has resided in Vietnam for over 6 months.
e/ A biography of the nominated
project office chief and a letter of nomination of the representative in
Vietnam issued by the head of the foreign non-governmental organization.
3. Within 45 (forty five)
working days after receiving a complete and valid dossier, the Committee for
Foreign Non-Governmental Organization Affairs shall notify in writing the
result to the concerned foreign non-governmental organization.
4. If being approved to obtain a
project office registration certificate, the foreign nongovernmental
organization shall send the application signee to receive the project office
registration certificate directly at the office of the Committee for Foreign Non-Governmental
Organization Affairs. In case another person is authorized to do so, this
person shall produce a letter of authorization and personal paper (passport,
identity card, etc.), or the foreign nongovernmental organization may receive
the project office registration certificate by post.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 10.
Procedures for renewal of a project office registration certificate
1. At least 60 (sixty) days
before a project office registration certificate expires, a foreign
non-governmental organization shall submit directly or by post to the Committee
for Foreign Non-Governmental Organization Affairs a dossier (a dossier in a foreign
language must be enclosed with a lawfully certified Vietnamese translation),
which comprises:
a/ An application for renewal of
a project office registration certificate.
b/ The original project office
registration certificate.
c/ A brief report on the
organization's activities during the validity term of the granted project
office registration certificate.
d/ An operation plan of the
organization during the validity term of the renewed project office
registration certificate.
2. Within 30 (thirty) working
days after receiving a complete and valid dossier, the Committee for Foreign
Non-Governmental Organization Affairs shall notify in writing the result to the
concerned foreign non-governmental organization.
3. If being approved for renewal
of its project office registration certificate, a foreign non-governmental
organization shall send the application signee to receive the renewed project
office registration certificate directly at the office of the Committee for
Foreign Non-Governmental Organization Affairs. In case another person is
authorized to do so, this person shall produce a letter of authorization and
personal paper (passport, identity card, etc.), or the foreign non-governmental
organization may receive the project office registration certificate by post.
4. A renewed project office
registration certificate is valid for 5 (five) years from the date of its
renewal, but not exceeding the operation registration time limit for the
foreign non-governmental organization in the country in which that organization
is established or headquartered, in case the law of that country provides the
operation registration time limit for non-governmental organizations.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. When wishing to modify its
project office registration certificate or obtain a new one when its project
office registration certificate is lost, torn, damaged or rumpled, a foreign
nongovernmental organization shall submit directly or by post to the Committee
for Foreign Non-Governmental Organization Affairs a dossier (a dossier in a
foreign language must be enclosed with a lawfully certified Vietnamese
translation), which comprises:
a/ An application for
modification, supplementation or re-grant of a project office registration
certificate, clearly stating the contents to be supplemented or modified and
the reason for such supplementation, modification or re-grant-
b/ The original project office
registration certificate, for modification, supplementation, or re-grant of a
torn, damaged or rumpled project office registration certificate (and a
certified true copy in the remaining dossier).
c/ A certified true copy of the
project office registration certificate, for re-grant of a lost project office
registration certificate.
2. Within 30 (thirty) working
days after receiving a complete and valid dossier, the Committee for Foreign
Non-Governmental Organization Affairs shall notify in writing the result to the
concerned foreign nongovernmental organization.
3. If being approved for
modification, supplementation or re-grant of its project office registration
certificate, the foreign nongovernmental organization shall send the
application signee to receive the supplemented, modified or re-granted project
office registration certificate directly at the office of the Committee for
Foreign Non-Governmental Organization Affairs. In case another person is
authorized to do so, this person shall produce a letter of authorization and
personal paper (passport, identity card, etc.), or the foreign nongovernmental
organization may receive the project office registration certificate by post.
Article 12.
Procedures for grant of a representative office registration certificate
1. A foreign non-governmental
organization wishing to set up a representative office in Vietnam must:
a/ Have obtained an operation
registration certificate under Article 6 of this Decree.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c/ Have operated effectively in
Vietnam for at least two years. And
d/ Base its representative
office only in Hanoi, Da Nang or Ho Chi Minh City.
2. A foreign non-governmental
organization applying for a representative office registration certificate
shall submit directly, by post or through a foreign-based Vietnamese
representative mission to the Committee for Foreign Non-Governmental
Organization Affairs a dossier (a dossier in a foreign language must be
enclosed with a lawfully certified Vietnamese translation), which comprises:
a/ An application for
establishment of a representative office, containing the following major
details: necessity to establish the representative office; planned location of
the office; expected numbers of foreign and Vietnamese employees of the office.
b/ The original operation
registration certificate or a photocopy of the project office registration
certificate (in case a project office has been set up in Vietnam).
c/ A document on programs or
projects in Vietnam and the original or a certified true copy of the written
approval of a competent Vietnamese authority.
d/ The original or a copy of the
judicial record of the nominated representative office chief issued by a
competent authority of the country of citizenship of that person, which is
consularly legalized. The original judicial record issued by a competent
Vietnamese authority, if this person has resided in Vietnam for over 6 months.
e/ A biography of the nominated
representative office chief and a letter of nomination of the representative in
Vietnam issued by the head of the foreign nongovernmental organization.
f/ A report on the
organization's activities in Vietnam of at least 2 (two) latest years.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. If being approved to obtain a
representative office registration certificate, the foreign non-governmental
organization shall send the application signee to receive the representative
office registration certificate directly at the office of the Committee for
Foreign Non-Governmental Organization Affairs. In case another person is
authorized to do so, this person shall produce a letter of authorization and
personal paper (passport, identity card, etc.), or the foreign non-governmental
organization may receive the representative office registration certificate by
post.
5. A representative office
registration certificate is valid for 5 (five) years from the date of its
grant, but not exceeding the operation registration lime limit for the foreign
non-governmental organization in the country in which that organization is
established or headquartered, in case the law of that country provides the
operation registration time limit for non-governmental organizations.
Article 13.
Procedures for renewal of a representative office registration certificate
1. At least 60 (sixty) days
before a representative office registration certificate expires, a foreign
non-governmental organization shall submit directly or by post to the Committee
for Foreign Non-Governmental Organization Affairs a dossier (a dossier in a
foreign language must be enclosed with a lawfully certified Vietnamese
translation), which comprises:
a/ An application for renewal of
a representative office registration certificate.
b/ The original representative
office registration certificate.
c/ A brief report on the
organization's activities during the validity term of the granted
representative office registration certificate.
d/ An operation plan of the
organization during the validity term of the renewed representative office
registration certificate.
2. Within 30 (thirty) working
days after receiving a complete and valid dossier, the Committee for Foreign
Non-Governmental Organization Affairs shall notify in writing the result to the
concerned foreign non-governmental organization.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. A renewed representative
office registration certificate is valid for 5 (five) years from the date of
its renewal, but not exceeding the operation registration time limit for the
foreign non-governmental organization in the country in which that organization
is established or headquartered, in case the law of that country provides the
operation registration time limit for non-governmental organizations.
Article 14.
Procedures for supplementation, modification or re-grant of a representative
office registration certificate
1. When wishing to modify or
supplement its representative office registration certificate or obtain a new
one when this certificate is lost, torn, damaged or rumpled, a foreign nongovernmental
organization shall submit directly or by post to the Committee for Foreign
Non-Governmental Organization Affairs a dossier (a dossier in a foreign
language must be enclosed with a lawfully certified Vietnamese translation),
which comprises:
a/ An application for
modification, supplementation or re-grant of a representative office
registration certificate, clearly stating the contents to be supplemented or
modified and the reason for such supplementation, modification or re-grant.
b/ The original representative
office registration certificate, for modification, supplementation, or re-grant
of a torn, damaged or rumpled representative office registration certificate
(and a certified true copy in the remaining dossier).
c/ A certified true copy of the
representative office registration certificate, for re-grant of a lost
representative office registration certificate.
2. Within 30 (thirty) working
days after receiving a complete and valid dossier, the Committee for Foreign
Non-Governmental Organization Affairs shall notify in writing the result to the
concerned foreign nongovernmental organization.
3. If being approved for
modification, supplementation or re-grant of its representative office
registration certificate, the foreign nongovernmental organization shall send
the application signee to receive the modified, supplemented or re-granted
representative office registration certificate directly at the office of the
Committee for Foreign Non-Governmental Organization Affairs. In case another
person is authorized to do so, this person shall produce a letter of
authorization and personal paper (passport, identity card, etc.), or the
foreign non-governmental organization may receive the representative office
registration certificate by post.
Article 15.
Suspension and termination of operation of foreign non-governmental
organizations
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ Its registration certificate
expires but it fails to apply for renewal under this Decree.
b/ It violates Article 4 of this
Decree.
c/ It has intentionally
falsified the registration dossier. Or
d/ It fails to operate within 12
months after obtaining a registration certificate.
Within 60 (sixty) days after
receiving a notice of termination of operation from the Ministry of Foreign
Affairs, a foreign nongovernmental organization shall completely settle
matters related to its head office, housing, employees and working means, and
complete its financial obligations (if any) and other related matters with
organizations and individuals in Viet Nam.
In case of terminating operation
on its own, a foreign non-Governmental organization shall send a notice to the
Committee for Foreign Non-Governmental Organization Affairs and the Ministry of
Foreign Affairs 60 (sixty) days before officially terminating its operation,
together with its granted registration certificate, reports on asset and
financial audit, and shall fulfill the obligations specified in Clause 2 of
this Article.
Chapter
III
RIGHTS AND
RESPONSIBILITIES OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS
Article 16.
General provisions
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. The chief of a representative
office or project office or the authorized representative of a foreign
non-governmental organization in Vietnam is responsible for the entire
operation of that foreign non-governmental organization in Vietnam.
3. The rights and
responsibilities of a foreign non-governmental organization having a
representative office or project office shall be specified in the framework
agreement signed with the competent state agency (provided in Article 25 of
this Decree).
Article 17.
Notification of operation
Within 45 days after obtaining a
new, renewed, supplemented or modified registration certificate, a foreign
non-governmental organization shall notify such and its operation plan to the
People's Committee of the province or centrally run city in which it operates
or will operate.
Article 18.
Reporting responsibility
1. Biannually and annually, the
chief of a representative office or project office or the authorized
representative of a foreign nongovernmental organization in Vietnam shall send
reports on activities in Vietnam to the competent state agency (provided in
Article 25 of this Decree), and concurrently to the People's Committee of the
province or centrally run city in which it operates under the registration
certificate.
2. The chief of a representative
office or project office or the authorized representative of a foreign
non-governmental organization in Vietnam shall report on, audit, provide
documents or explain issues related to activities of related organizations and
persons when so requested by the competent state agency (provided in Article 25
of this Decree).
Article 19.
Hire of offices and employees
A foreign non-governmental
organization may hire an office and recruit foreign and Vietnamese employees
for its office after obtaining a written approval of the licensing state agency,
and in compliance with its registration certificate and Vietnamese law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
After a foreign non-governmental
organization obtains a registration certificate from a competent state agency,
foreign employees of that organization shall apply for a work permit at the
provincial-level Labor, War Invalids and Social Affairs Department of the
locality in which the foreign non-governmental organization is based under
current Vietnamese law, except those being chief representatives (chiefs of
representative offices or project offices or authorized representatives of
foreign non-governmental organizations in Vietnam). Such application is free.
Article 21.
Seals and accounts
1. A foreign non-governmental
organization having registered operation may register its seal under Vietnamese
law.
2. A foreign non-governmental
organization having registered operation may open accounts (in foreign
currencies or Vietnam dong) at lawfully licensed banks in Vietnam.
3. Foreign representatives and
employees of a foreign non-governmental organization having registered
operation may open bank accounts under Vietnamese law.
Article 22.
Import of goods
The import into Vietnam of
office equipment, vehicles and their parts, and personal articles to meet
working and daily needs of representative offices, project offices and their
foreign employees complies with Vietnamese law.
Article 23.
Personal income tax for foreigners
Personal income tax for foreign
representatives, employees and specialists of foreign non-governmental
organizations in Vietnam (in representative offices, project offices and
projects) complies with Vietnamese lax law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
RESPONSIBILITIES OF
MANAGEMENT AGENCIES
Article 24.
Responsibilities of the Ministry of Foreign Affairs
The Ministry of Foreign Affairs
is the focal point for managing activities of foreign nongovernmental
organizations
1. To assume the prime
responsibility for, and coordinate with related agencies in, elaborating and
promulgating legal documents on activities of foreign non-governmental
organizations in Vietnam.
2. To advise and propose
external relation guidelines and policies related to activities of foreign
non-governmental organizations.
3. To grant, renew, modify,
supplement and revoke registration certificates of foreign nongovernmental
organizations in Vietnam.
4. To coordinate with related
agencies in managing activities of foreign nongovernmental organizations.
5. To perform other tasks
assigned by the Prime Minister.
Article 25.
Responsibilities of the Committee for Foreign Non-Governmental Organization
Affairs
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. To coordinate with the
Ministry of Foreign Affairs in elaborating and proposing competent agencies to
promulgate legal documents on activities of foreign non-governmental
organizations in Vietnam.
2. To assume the prime
responsibility for appraising foreign non-governmental organizations through
committee member agencies and transfer dossiers to the Ministry of Foreign
Affairs for grant, renewal, modification, supplementation and revocation of
registration certificates of foreign nongovernmental organizations in Vietnam.
3. To inspect, examine and
supervise activities of foreign non-governmental organizations in Vietnam.
4. To assume the prime
responsibility for, and coordinate with related agencies in, settling
complaints and denunciations and handling violations related to activities of
foreign nongovernmental organizations in Vietnam.
5. To review and report on
activities of foreign non-governmental organizations in Vietnam to the
Government.
6. To periodically notify
ministries, sectors and localities of foreign non-governmental organizations
registering operation in their sectors and localities.
7. To disseminate and provide
information relating to activities of foreign nongovernmental organizations to
Vietnamese partners and foreign non-governmental organizations.
8. To perform other tasks
assigned by the Government and the Prime Minister and under law.
Article 26.
Responsibilities of agencies with representatives being members of the
Committee for Foreign Non-Governmental Organization Affairs
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a/ To assist the Government and
the Prime Minister in directing the state management of activities of foreign
non-governmental organizations in Vietnam.
b/ To coordinate with related
agencies in performing the stale management of foreign non-governmental
organizations in Vietnam.
2. The Ministry of Home Affairs:
To take responsibility for affairs related to the relations between domestic
non-governmental organizations and associations and foreign nongovernmental
organizations.
3. The Ministry of Public
Security: To take responsibility for affairs related to national security and
social order and safety in activities of foreign non-governmental organizations
in Vietnam.
4. The Ministry of Planning and
Investment:
To lake responsibility for
affairs related to the state management of aids of foreign nongovernmental
organizations in Vietnam.
5. The Ministry of Finance: To
take responsibility for affairs related to the financial state management of
foreign non-governmental aid.
6. The Government Committee for
Religious Affairs: To take responsibility for religious affairs in activities
of foreign non-governmental organizations.
7. The Vietnam Union of
Friendship Organizations: To take responsibility for affairs related to the
relation with and mobilization of foreign non-governmental aid; to be the
standing body of the Committee for Foreign Non-Governmental Organization
Affairs.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. To guide, inspect and
supervise activities of foreign non-governmental organizations operating in
sectors and domains under their stale management.
2. To review activities of
foreign nongovernmental organizations directly cooperating with them and send
reports to the Committee for Foreign Non-Governmental Organization Affairs
every 6 (six) months or upon request for summarization and reporting to the
Prime Minister.
3. To assign a relevant attached
unit to act as the focal point in the relation and management of activities of
foreign non-governmental organizations under their state management.
Article 28.
Responsibilities of provincial-level People's Committees
1. To guide, inspect and
supervise activities of foreign non-governmental organizations operating in
their provinces or centrally run cities.
2. To coordinate with the
Committee for Foreign Non-Governmental Organization Affairs in granting,
renewing, modifying, supplementing and revoking registration certificates.
3. To review activities of
foreign nongovernmental organizations in their localities and send reports to
the Committee for Foreign Non-Governmental Organization Affairs every 6 (six)
months or upon request for summarization and reporting to the Prime Minister.
4. To assign a relevant attached
unit to act as the focal point in the relation and management of activities of
foreign nongovernmental organizations in their localities.
Article 29.
Responsibilities of Vietnamese partners
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. To guide foreign
non-governmental organizations in implementing related regulations.
3. To report to competent
authorities on their cooperation with foreign non-governmental organizations.
Chapter V
IMPLEMENTATION
PROVISIONS
Article 30.
Effect
l. This Decree takes effect on
June 1,2012. To annul the Prime Minister's Decision No. 340/TTg of May 24,
1996, promulgating the Regulation on operation of foreign nongovernmental
organizations in Vietnam.
2. When wishing to register
operation in the forms provided in this Decree (namely representative office
registration certificate, project office registration certificate and operation
registration certificate), foreign nongovernmental organizations licensed to
establish representative offices or project offices or to operate in Vietnam
under the Regulation on operation of foreign non-governmental organizations in
Vietnam, promulgated together with the Prime Minister's Decision No. 340/ TTg
of May 24, 1996. arc not subject to reconsideration, but shall supplement and
finalize dossiers under this Decree within 90 (ninety) days after the effective
date of this Decree.
Article 31.
Commendation and handling of violations
1. Foreigners and foreign
non-governmental organizations that make active and effective contributions to
humanitarian and development programs in Vietnam may be recognized and
commended by the Vietnamese State under Vietnamese law.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 32.
Implementation responsibilities
1. The Ministry of Foreign
Affairs shall coordinate with the Committee for Foreign Non-Governmental
Organization Affairs in guiding and inspecting the implementation of this
Decree.
2. Ministers, heads of
ministerial-level agencies, heads of government-attached agencies, the chairman
of the Committee for Foreign Non-Governmental Organization Affairs, the
president of the Vietnam Union of Friendship Organizations, chairpersons of
provincial-level People's Committees and heads of central agencies of mass
organizations shall implement this Decree.-
ON
BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung