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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
340-TTg
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Hanoi
,May 24, 1996
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DECISION
PROMULGATING THE
REGULATION ON THE ACTIVITIES OF FOREIGN NON-GOVERNMENTAL ORGANIZA-TIONS IN
VIETNAM
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
In order to strengthen the management of the foreign Non-Governmental Organizations
in Vietnam and also to create favorable conditions for them;
At the proposals of the Minister-Director of the Office of the Government and
the Head of the Foreign Relations Commission of the Central Committee of the
Party,
DECIDES:
Article 1.- To issue together with this
Decision the Regulation on the Activities of Foreign Non-Governmental
Organizations in Vietnam.
Article 2.- The Minister-Director of the
Office of the Government, the Ministers, the Heads of the ministerial-level
agencies, the Heads of the agencies attached to the Government, the Presidents
of the People’s Committees of the provinces and cities directly under the
Central Government, the President of the Vietnam Union of Friendship
Organizations and the leaderships of the central agencies of the concerned
people�s organizations shall have to implement
this Decision.
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THE PRIME
MINISTER
Vo Van Kiet
REGULATION
ON THE ACTIVITIES
OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS IN VIETNAM
(issued together with Decision No.340-TTg of May 24, 1996 of the Prime
Minister)
Chapter I
GENERAL PROVISIONS
Article 1.- The foreign Non-Governmental
Organizations, in order to conduct non-profit activities in development support
and humanitarian aid in Vietnam or other purposes, must have the permission of
the Vietnamese Government in these forms: Operating Permit, Permit to establish
a Project Office or Permit to establish a Representative Office.
Article 2.- A Non-Governmental
Organization is eligible for an Operating Permit when it gathers the following
conditions:
1. It has the legal person status under the law
of its country or the law of the country where it is allowed to set up its head
office.
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3. It has worked out or has at least conceived a
plan for the programs and projects of development and humanitarian aid in
Vietnam in line with the policy of the Vietnamese State on socio-economic
development; it is committed to strictly abiding by the Vietnamese law and the
traditional customs and habits of Vietnam.
Article 3.- A Non-Governmental
Organization is eligible for a permit to set up a Project Office when it
gathers the following conditions:
1. It meets the requirements prescribed in Point
1, Point 2 of Article 2 of this Regulation.
2. Its program or project has been ratified by a
competent level of Vietnam and the scale and character of this program or
project requires permanent and on-spot direction and supervision.
Article 4.- A Non-Governmental
Organization is eligible for a Permit to set up a Representative Office in
Hanoi if it gathers the following conditions:
1. It meets the requirements set out in Point 1
and Point 2 of Article 2 of this Regulation.
2. It has been conducting an efficient aid
program or project in Vietnam for at least two years.
3. In the process of its operation in Vietnam,
it has always respected Vietnam’s
law and traditional customs and habits.
4. It is actually conducting long- term (from 2
years upward) aid program or project in Vietnam which has been ratified by the
authorized level of Vietnam.
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Chapter II
PROCEDURES FOR THE ISSUE, EXTENSION, MODIFICATION,
AMENDMENT AND WITHDRAWAL OF PERMITS
Article 6.-
a/ The dossier to apply for an Operating Permit
in Vietnam includes:
1. An application of the Head of the
Non-Governmental Organization written in Vietnamese and English (or French)
addressed to the Committee specifying the following main contents:
- The full name of the organization and the
location of its main office.
- Guiding principle and objective of activity.
- A summarized history of the development of the
organization.
- Financial sources and capabilities.
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2. Statute of the Non-Governmental Organization.
3. Document certifying the legal person status
issued by the authorized agency at the place of its establishment or the place
where it has established its main office, or a notarized copy.
b/ The dossier to apply for the establishment of
the Project Office, apart from the papers mentioned in Item (a) of this
Article, must also specify and include:
1. The reason for establishment the Project
Office, the projected location of the Project Office; the number of foreigners
and Vietnamese necessary for the operation of the Office.
2. Documents about the program or project
already ratified by authorized level of Vietnam.
3. A resume of the person intended as Head of
the Project Office.
Article 7.- The dossier applying for the
establishment of a Representative Office in Hanoi, apart from the papers set
out in Item (a) of Article 6 of this Regulation, must also specify and include:
1. The reason for the establishment of the
Representative Office; the projected number of foreigners and Vietnamese
necessary for the work at the Representative Office.
2. A report on its activities in Vietnam at
least over the previous two years.
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4. A resume of the person intended as Head of
the Representative Office and a letter of recommendation of the Head of the
Non-Governmental Organization appointing him/her as representative in Vietnam.
Article 8.- Within no more than 30
(thirty) days after receiving the full valid dossier applying for an Operating
Permit, no more than 60 (sixty) days for a permit to set up the Project Office,
and no more than 90 (ninety) days for a permit to establish the Representative
Office, the Committee shall inform the concerned Non-Governmental Organization
of the result.
Article 9.- Time limit for the first
issue of a Permit:
- No more than six months for an Operating
Permit issued to a Non-Governmental Organization which enters Vietnam to
conduct survey and draw up the project or program.
- No more than one year for an Operating Permit
to a Non-Governmental Organization which is conducting an aid program or
project in Vietnam.
- No more than two years for a Permit to set up
a Project Office.
- No more than three years for a Permit to
establish a Representative Office.
If an extension is needed, the Non-Governmental
Organization may send an application to the Committee at least 30 (thirty) days
before the expiry of the Permit. The term for each extension shall not exceed
the term of the Permit issued for the first time.
Article 10.- Within 30 (thirty) days
after the issue or extension of the Permit, the Non-Governmental Organization
shall have to complete the procedure for registration of its operation with the
People’s Committee of the concerned province or city directly under the Central
Government.
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Within 30 (thirty) days after receiving the
proposal, the Committee shall have to make a written reply to the concerned
Non-Governmental Organization.
Article 12.- A Project Office, a
Representative Office and the No�s which have been
issued Operating Permits in Vietnam shall have to terminate their operations in
the following cases:
1. Expiry of the Operating Permit.
2. When the Committee issues a decision to
withdraw the Permit as stipulated in Item (b), Article 17 of this Regulation.
A Permit to set up a Project Office shall automatically
cease to be effective when the aid program or project is terminated. A Permit
to establish a Representative Office shall also automatically cease to be
effective when the Non-Governmental Organization no longer conducts any
activities as stated in the application for the establishment of the
Representative Office.
Within no more than 30 (thirty) days after the
expiry of the Permit or upon reception of the notice forcing it to terminate
its operation, the Non-Governmental Organization shall have completed the
settlement of all issues related to the office, the residential houses, the
hired personnel, the working means, paid all the debts (if any), and settled
all other issues related to the organizations and individuals in Vietnam.
Chapter III
RIGHTS AND RESPONSIBILITIES OF THE NON-GOVERNMENTAL
ORGANIZATIONS IN VIETNAM
Article 13.- The activities of all the
Non-Governmental Organizations in Vietnam shall have to comply with the content
and scope already stipulated in the issued Permit.
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The person delegated by the Non-Governmental
Organization to act as its representative and the Head of the Project Office
shall have to report in writing periodically every three months for the Head of
a Project Office, and every six months for the Head of a Representative Office
about the activities of their organizations in Vietnam. They also have to
report and supply documents or clarifications about the issues related to the
activities of their organizations to the Committee when requested.
Upon completion of the project or the fiscal
year, the Non-Governmental Organization shall have to report on the balance of
accounts and send the report to the Committee and the agency owner of the
project (the Ministries, Commissions, branches or central offices of the people�s
organizations or the People�s Committees of the
provinces or cities directly under the Central Government).
Article 15.-
a/ After receiving the Permit to set up its
Project Office or Representative Office, the Non-Governmental Organization is
allowed to rent offices and residential houses, and hire Vietnamese personnel
to work for the Office according to provisions of Vietnamese law.
b/ The foreign representative and foreign personnel
of the Non-Governmental Organization (after having filed the aid program and
project to Vietnam) shall be allowed to open their spending accounts (in
foreign currencies or Vietnam Dong from foreign currency sources) at the banks
set up and operating according to Vietnamese law.
c/ The importation into Vietnam of office
equipment, transport means and spare parts, and personal effects necessary for
the work and life of the Representative Office and foreign employees of the
Office shall conform to the current regulations of Vietnam.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 16.- The Representative Offices
which were set up by permission of the Vietnamese Government prior to the issue
of this Regulation shall not have to go through a revision, but they must
complement and perfect their dossiers within 60 (sixty) days after this
Regulation takes effect and must fully observe the stipulations of this
Regulation.
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The different working sections of the
Non-Governmental Organization which are operating in Vietnam, which have an
office and their personnel but have not received permission from the Vietnamese
Government, shall have, within 60 (sixty) days after this Regulation takes
effect, to fill the procedure of application for establishment of their Project
Offices or Representative Offices as required by this Regulation, or shall have
to terminate their operations.
Article 17.-
a/ The organizations and individuals that make
active and effective contributions to the development and humanitarian programs
in Vietnam shall be acclaimed and have their services recorded by the people
and State of Vietnam.
b/ The Non-Governmental Organizations which
undertake activities at variance with the Permits already issued or which
violate the provisions of this Regulation shall, depending on the extent of
their violations, have their Operating Permits partially suspended or withdrawn
by the issuing agencies. All acts of violation of Vietnamese law by any
Non-Governmental Organization and its personnel shall be dealt with according
to Vietnamese law.
Article 18.- The Committee of Work
Concerning the Non-Governmental Organizations shall have to implement and
direct the concerned agencies and localities to implement this Regulation.
Article 19.- The Ministries, Commissions,
branches, people�s organizations and
the People�s Committees of the provinces and cities
shall have to guide and assist and supervise the implementation of this
Regulation in conformity with their responsibilities and powers. Whenever a violation
is detected, they shall have to settle it in time according to their
jurisdiction and report the matter to the Committee.
Article 20- This Regulation takes effect
on the date of its signing. The earlier stipulations contrary to this
Regulation are now annulled.