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THE MINISTRY
OF
FOREIGN AFFAIRS
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SOCIALIST
REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No.
05/2012/TT-BNG
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Hanoi ,
November 12, 2012
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CIRCULAR
GUIDING IMPLEMENTATION OF THE GOVERNMENT’S DECREE NO. 12/2012/ND-CP, OF
MARCH 01, 2012 ON REGISTRATION AND OPERATION MANAGEMENT OF FOREIGN
NON-GOVERNMENTAL ORGANIZATIONS IN VIETNAM
Pursuant to the Law on Government
organization, of December 25, 2001;
Pursuant to the Decree No.
15/2008/ND-CP, of February 04, 2008 defining the functions, tasks, powers and
organizational structure of the Ministry of Foreign Affairs;
Pursuant to the Government’s
Decree No. 12/2012/ND-CP, of March 01, 2012 on registration and operation
management of foreign non-governmental organizations in Vietnam;
The Minister of Foreign Affairs
promulgates Circular guiding implementation of the Government’s Decree No.
12/2012/ND-CP, of March 01, 2012 on registration and operation management of
foreign non-governmental organizations in Vietnam (hereinafter referred to as
the Decree) as follows:
Chapter 1.
GENERAL
PROVISIONS
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1. The Decree applies to Ministries,
branches, provincial People’s Committees, local agencies managing foreign
non-governmental organizations (NGOs), Vietnamese partner
agencies, non-governmental organizations, non-profit organizations, social
funds, private funds or other social or non-profit organizations, which are
established under foreign laws and carry out development assistance and
humanitarian aid activities not for profit or other purposes in Vietnam.
2. The Decree does not apply to
individuals conducting charitable, humanitarian activities in Vietnam.
Article 2.
General provisions on registration for foreign NGOs in Vietnam (specified in
from Article 5 to Article 15 of the Decree):
1. Pursuant to the Ordinance on
conclusion and implementation of international agreements promulgated on 20th
April, 2007 of the Standing committee of the National Assembly, before
implementing activities in Vietnam, heads of foreign NGOs
need conclude “Frame Agreement” with Vietnamese competent agencies,
organizations (being Vietnamese agencies specified in Article 1 of the
Ordinance), in which stating clearly rights, duties, commitments for
activities, humanitarian, development of such organizations in Vietnam. If a
foreign NGO has no Vietnamese partner agency to conclude
“Frame Agreement”, the standing agency of committee will be agency concluding
“Frame Agreement” and must take opinion in writing of the Ministry of Foreign
Affairs before concluding.
2. To complete and submit valid
dossier of registration to the Standing agency of the Committee for Foreign NGO Affairs in
order to implement procedures as prescribed from Article 6 to Article 14 of the
Decree.
3. The Ministry of Foreign Affairs
shall consider, grant, extend, amend, supplement or withdraw the Registration
on the basis of appraisal opinion of members of the Committee. The foreign NGOs
are only permitted to implement activities after being granted certificate of
registration, except cases specified in clause 1, Article 8 of this
Circular. The foreign NGOs conducting activities when having not
yet registered, the Standing agency or competent relevant agencies shall
request such organizations temporarily stop their activities within 15 days, in
order to do procedures for registration and when being granted the certificate
of registration, they can continue activities.
4. Ministries, sectors and localities
and Vietnamese partners are not permitted to implement activities cooperating
with foreign NGOs when such organizations have not yet registered as
prescribed, except cases specified in clause 1, Article 8 of this Circular.
Article 3. The
process of appraisal and grant of new registration and extension, supplement,
amendment of kinds of registration:
a) Within 35 working days, as from
fully receiving the valid dossier, the standing agency of Committee ask for
consults of relevant agencies and People’s Committee of province where the
foreign NGO anticipated to register for operation. Agencies being consulted
must answer within 20 working days.
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c) Within 10 working days, as from
fully receiving the valid dossier as stated in item b, clause 1, Article 3
above, the Ministry of Foreign Affairs shall consider and submit to competent
authority for decision (problems which fall beyond competence of the Ministry
of Foreign Affairs shall be submitted to the Prime Minister for consideration
and decision).
d) The Ministry of Foreign Affairs
shall transfer result to the standing agency of Committee to notify result in
writing to the foreign NGO.
Chapter 2.
PROCEDURES FOR
REGISTRATION APPLIED TO FOREIGN NGOS IN VIETNAM
Article 4. Agencies granting
registration certificate and agencies receiving, returning results of
registered dossiers (specified in from Article 5 to Article 15 and clause 3
Article 24 of the Decree)
1. The Ministry of Foreign Affairs is
agency newly granting, extending, amending, supplementing
and withdrawing kinds of registration certificate of the foreign NGOs in
Vietnam (Forms of kinds of registration certificate specified in Annex No. 1, 2
and 3).
2. The standing agency of the
Committee for Foreign NGO Affairs (the Vietnam union of friendship
organizations) is agency receiving dossiers requesting for grant, extension,
supplement, amendment, termination of operation and assuming the prime
responsibility for, and coordinating with agencies being members of Committee
to appraise dossiers and return results of consideration and approval of
dossiers of the foreign NGOs in Vietnam.
Article 5. Competence for
signing on the applications for newly granting, extending, amending,
supplementing and withdrawing registration certificates of the foreign NGOs in
Vietnam (specified in from Article 5 to Article 15 of the Decree):
1. Applications for newly granting or upgrading registration certificate must be signed on by
heads of foreign NGOs.
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Article 6. Dossier of
representatives of foreign NGOs in Vietnam upon requesting for newly granting,
amending, supplementing kinds of registration certificates (specified in from
Article 5 to Article 15 of the Decree):
1. Apart from documents are required
to submit in according to the Decree, all dossiers of suggestion for appointing
a new representative of a foreign NGO in Vietnam needs have an Appointing
Decision enclosed with a letter of introduction signed by head of such
organization, a biography of person appointed as representative of organization
in Vietnam and a copy of main information page in valid passport of such person
(all documents in foreign languages must enclosed with a lawfully certified
Vietnamese translation).
2. Dossiers need be lawfully
certified including: Charter and paper certifying legal status of organization,
judicial record of the person anticipated as representative office and project office
representative chief or person nominated as representative in Vietnam by
foreign NGO, which is consularly legalized as prescribed in the Government’s
Decree No. 111/2011/ND-CP and the Circular No. 01/2012/TT-BNG of the Ministry
of Foreign Affairs, guiding the Decree No.111/2011/ND-CP. In case a
person expected as representative office and project office representative
chief or a person nominated as representative in Vietnam by foreign NGO live
and work permanently in a country not country where he/she bears nationality,
his/her judicial record must be consularly legalized in country where such
person has lived and worked for 6 nearest months. Dossiers as
required by the Decree upon having Vietnamese translation, they need be
notarized at Notarization Offices of origin country or
Vietnam. (List of countries and kinds of papers being exempted form
consularly legalized in Vietnam specified in the Annex 4).
3. The representative of organization
in Vietnam only operates when being approved in writing by the Committee for
Foreign NGO Affairs.
Article 7. Places
laying project offices, representative offices of foreign NGOs
1. The project offices of foreign
NGOs may be placed in townships, district capitals of
localities where have full advantage conditions for supervision, support to
implement programs, projects and must be approved in writing by People’s
Committees of relevant central-affiliated cities and provinces.
2. The project offices of foreign
NGOs are not permitted to place at head office of local authorities.
3. Places laying representative
offices of foreign NGOs must be approved in writing by People’s Committees of
Hanoi, Da Nang and Hochiminh cities and not permitted to placed at head office
of local authorities (specified in point d, Article 12 of the Decree).
4. Upon having request, foreign NGOs
with Operation Registration Certificate shall be facilitated to have a working
place.
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1. In special cases such as
participation in urgent relief due to disasters, epidemics, wars, the Ministry
of Foreign Affairs may issue a written approval for foreign NGOs to conduct
some determined humanitarian and charitable activities before granting
Registration Certificate.
2. Conditions for granting
Representative Office Registration Certificate, clause c, item 1 Article 12 of
the Decree No. 12/2012/ND-CP are guided specifically as follows: The foreign
NGOs have operated effectively in Vietnam for at least 02 consecutive years
before submitting dossier for grant of Representative Office Registration
Certificate.
Article 9. Time
limits of kinds of Registration Certificates (specified in Articles 6, 7, 9,
10, 12, 13 of the Decree):
Time limits of kinds of Registration
Certificates being newly granted, supplemented, amended are guided
specifically as follows:
1. Maximum time limit for Operation
Registration Certificate is 3 years; Maximum time limit for Project Office
Registration Certificate and Representative Office Registration Certificate is
5 years. Time limit in reality which is written in the Registration Certificate
may be shorter than above-mentioned time limits, in conformity with time limits
of programs, projects approved by competent authorities of Vietnam, financial
ability of organizations and time limits of operation registration of foreign
NGOs at place of establishing or having head office in case law of such
countries have provision on time limit for operation registration of
NGOs.
2. Time limit of Registration
Certificate which is transfered from the prior license is the remaining time
limit of prior granted license, unless the applying foreign NGO has other
request in conformity with finance ability and programs, projects approved by
competent authorities of Vietnam.
3. Foreign NGOs shall require time
limit of Registration Certificate and the Ministry of Foreign Affairs shall
consider for decision.
Article 10. The
temporary confirmation:
In some special cases (example: When
procedures for appraisal cannot complete because dossier has not yet been full
and valid due to force majeure) when the registration certification of foreign
NGOs have not yet been extended, supplemented, amended timely under time limit,
the Committee for Foreign NGO Affairs shall grant a confirmation with a defined
time on situation that the registration certificate of organization is being
considered for such foreign NGOs in order to facilitate for such organizations
operate normally while waiting registration certificates being extended,
supplemented and amended. (in according to Forms specified in Annex No. 3.1)
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1. To be partly suspended when fail
to implement properly commitments, insufficient financial ability, many
projects which committed and be approved but fail to deploy
implementation.
2. To be suspended whole operation
when fail to implement properly field, location, or fail to deploy activities
in a long time (1 year).
3. To be terminated operation when
breaching Article 4 of this Decree after having been reminded for many times.
Article 12.
Grant of labor permits:
1. Under Article 20 of the Decree,
foreign employees working for foreign NGOs must come the Departments of Labor,
War invalids and Social Affairs of localities where foreign NGOs placed their
head office, in order to apply for labor permit in according to current
provisions of Vietnam, except for foreigners being the representative chiefs.
2. Grant of labor permit shall be
applied under regulations being guided in the following legal documents and as prescribed
by current law: i) The Decree No. 34/2008/ND-CP, of March 25, 2008 providing on
employment and administration of foreigners working in Vietnam; ii) the Decree
No. 46/2011/ND-CP, of June 17, 2011 amending and supplementing a number of
articles of the Decree No. 34/2008/ND-CP and iii) the Circular No.
31/2011/TT-BLDTBXH, of November 03, 2011 of the Ministry of Labor, War invalids
and Social Affairs guiding implementation of the Decree No. 34 and Decree No.
46.
Article 13.
Import of goods (specified in Article 22 of the Decree):
Import of goods shall apply under
guides in the Joint Circular No. 03/2007/TTLT-BCT-BTC-BNG, of October 15, 2007
between the Ministry of Industry and Trade, the Ministry of Finance and the
Ministry of Foreign Affairs and based on the Decree No. 73/CP, of July 30, 1994
and according to current legal documents guiding temporary import, import or
purchase on free duty in Vietnam and export, re-export, transfer and
destruction of items which are necessary to serve for work and living
activities of diplomatic representations, foreign consulates, and
representative offices of international organizations being enjoyed privileges
and immunity in Vietnam.
Article 14. The
personal income tax for foreigners (specified in Article 23 of the Decree):
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Article 15.
Seals and accounts of foreign NGOs (specified in Article 21 of the Decree):
1. Under Article 21 of the Decree,
foreign NGOs which have been granted Registration Certificate, are permitted to
register and use seal and open accounts at banks which established and operated
under current law of Vietnam.
2. Registration of seals is applied
under guidance in the Circular No. 07/2010/TT-BCA, of February 05, 2010 of the
Ministry of Public Security, Government’s Decree No. 58/2001/NDCP, of August
24, 2001 on management and use of seal and the Decree No. 31/2009/ND-CP
amending and supplementing the Decree No. 58.
Chapter 3.
RESPONSIBILITIES
OF FOREIGN NGOS AND VIETNAM AGENCIES
Article 16.
Notification of operation (specified in Article 17 of the Decree):
The written notification of operation
of foreign NGOs is sent to state's focal agencies managing foreign affairs
(Departments, Divisions of Foreign Affairs or Office of People’s Committee of
provinces, cities) in central-affiliated cities and provinces relating to
places where foreign NGOs have head office or activities, programs, projects
expected going to implement.
Article 17.
Responsibility for reporting of foreign NGOs (specified in Article 18 of the
Decree):
Periodically of 6 months and
annually, Representative Office chief, Project Office chief or person
authorized by foreign NGOs to do as representative of foreign NGOs in Vietnam
shall coordinate with the Ministry of Finance, bank opening accounts of
organizations in order to audit annually, report in writing on activities and
situation of implementing aid programs, projects, (in according to Forms
specified in Annex No. 5 enclosed with Vietnamese translations) to the Ministry
of Foreign Affairs, the Committee for Foreign NGO Affairs and concurrently send
to People’s Committees of central-affiliated cities and provinces in operating
localities defined in Registration Certificate not later than on July 15 every
year for the 6-month report and not later than January 15 of next year for the
annual report.
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Periodically of 6 months and
annually, Ministers, Ministerial-level agencies, Governmental agencies, Central
agencies of unions and central people organizations and People’s Committees of
central-affiliated cities and provinces, the Ministry of Planning and
Investment shall report activities and use of aid of foreign NGOs (in according
to Forms specified in Annex No. 6), to the Ministry of Foreign Affairs not
later than on July 20 every year for the 6-month report and not later than
February 20 of next year for the annual report or as required for synthesizing
and reporting to the Prime Minister.
Article 19.
Responsibility for reporting of Vietnam partner agencies (specified in clause
3, Article 29 of the Decree):
Periodically of 6 months and
annually, the Vietnam partner agencies send written reports on activities and
situation of implementing aid programs, projects (in according to the Form
specified in Annex No. ) To the Ministry of Foreign Affairs and concurrently
send to People’s Committees of central-affiliated cities and provinces at
operating localities prior determined in Registration Certificate not later
than on July 15 every year for the 6-month report and not later than on January
15 of next year for the annual report.
Article 20.
Responsibility for management, inspection, supervision of Vietnam agencies
(specified in from Article 25 to Article 28 of the Decree):
1. The Committee for Foreign NGO
Affairs is responsible before the Prime Minister for appraisal, inspection,
supervision and handling of violations of foreign NGOs.
2. Defining a unit to act as the
focal point in the local state management to generally managing foreign NGOs
(clause 4, Article 28 of the Decree): Pursuant to the Decision
No.67/2011/QD-TTg, of December 12, 2011 of the Prime Minister, promulgating
regulation on unified management of external activities of People’s Committees
of central-affiliated cities and provinces and the Joint Circular No.
02/2009/TTLT-BNG-BNV,of May 27, 2009 between the Ministry of Foreign Affairs
and Ministry of Internal Affairs on managing external operation at localities
and documents amending, supplementing (if any), the provincial People’s
Committees assign an agency in charge of foreign affairs to do as focal (service of or division of Foreign Affairs or Office of
provincial People’s Committee), which having a deputy chairperson of provincial
People’s Committee directly being charge of general regulation of management
among services, divisions, sectors in localities and
support the Ministry of Foreign Affairs in management of activities of
non-governmental foreign organizations in
nationwide.
3. The relevant services, divisions,
sectors attached the provincial People’s Committees shall coordinate with
agencies managing foreign affairs in localities (Services, divisions of foreign
affairs or Office of People’s Committee) in management, inspection, supervision
and report to the Ministry of Foreign Affairs and Committee for Foreign
Non-Governmental Organization Affairs.
4. The state management agencies of
foreign affairs (services, divisions of foreign affairs or Office of People’s
Committee) in central-affiliated cities and provinces are responsible for state
management relating to foreign non-governmental work in their localities,
coordinate with local services, divisions, sectors in management of operation
of foreign non-governmental organizations, advise for provincial People’s
Committees in foreign non-governmental work and take responsibility before
provincial People’s Committee in managing foreign non-governmental
organizations.
Chapter 4.
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Article 21. Commendation,
handling of violations (specified in Article 31 of the Decree):
1. The foreign non-governmental
organizations are considered for commendation on the basis of having reports of
assessment and proposal of localities where such organizations operating or of
agencies being partners of Vietnam.
2. Apart from provisions in clause 2,
Article 31 of the Decree, the Committee for foreign non-governmental
organization affairs shall be agency receiving dossier of appeal of foreign
non-governmental organizations if any.
Article 22.
Effectiveness:
1. This Circular takes effect after
45 days as from the day of signing.
2. In the course of implementation,
any arising problems should be reported to the Ministry of Foreign Affairs for
research and additional guidance promptly.
THE MINISTER OF
FOREIGN AFFAIRS
Pham Binh Minh
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