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THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 93/2019/ND-CP
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Hanoi, November
25, 2019
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DECREE
PRESCRIBING
ORGANIZATION AND OPERATION OF SOCIAL AND CHARITY FUNDS
Pursuant to the Law on government organization
dated June 19, 2015;
Pursuant to the Civil Code dated November 24,
2015;
At the request of the Minister of Home Affairs;
The Government promulgates a Decree prescribing
organization and operation of social and charity funds.
Chapter I
GENERAL PROVISIONS
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This Decree deals with organization, operation and
state management of social and charity funds (hereinafter referred to as
“funds") which are duly established and operate in Vietnam.
Article 2. Regulated entities
This Decree applies to Vietnamese citizens and
organizations and concerned foreign citizens and organizations.
Article 3. Organization and
operation objectives of funds
A fund is organized and operates on a
not-for-profit basis with the aims of supporting and promoting the development
of culture, education, healthcare, sports, science, technology, and charitable
and humanitarian activities as well as for community development purposes.
Article 4. Definitions
For the purposes of this Decree, these terms are
construed as follows:
1. “fund” means a non-governmental organization
that is established from certain assets voluntarily donated by individuals or
organizations or established under a testament or through a donation, has the organization
and operation objectives as defined in Article 3 hereof, and is granted an
establishment license and has its charter acknowledged by a competent
authority.
2. “social fund” means a fund that is organized and
operates on a not-for-profit basis with the aims of supporting and promoting
the development of culture, education, healthcare, sports and science as well
as for agricultural and rural development purposes.
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4. “not-for-profit” means a situation where any
profits earned in the operation process shall not be shared but used for
operations of the fund according to its acknowledged charter.
5. “assets” include objects, cash, financial
instruments and property rights as defined in the Civil Code.
6. “asset contribution” means the transfer of the
lawful ownership of an asset from an individual or organization to a fund in
the form of contract, donation or testament of the asset owner or in other
forms as regulated by law. Such asset will become the fund’s asset and be used
for the objectives defined in Article 3 hereof.
Article 5. Principles of
organization and operation of funds
1. Funds are established and operate for
not-for-profit purposes.
2. They are organized and operate on the
voluntariness and self-financing basis and shall take responsibility before law
with their assets.
3. They are organized and operate according to
their charters acknowledged by competent authorities and relevant laws.
4. They shall make public their organization and
operations as well as all their revenues, expenditures, finances and assets.
5. Their assets shall not be divided.
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1. The State creates favorable conditions for funds
to operate according to their charters and relevant laws.
2. The State provides funding for their performance
of tasks assigned by the State.
3. Organizations' and individuals’ asset
contribution to funds is entitled to preferential treatments as prescribed by
law.
Article 7. Funds’ legal status,
seals, accounts, names, logos and head offices
1. A fund has the legal status and its own seal and
account as prescribed by law.
2. A fund may select its name and logo. The
selected name and logo must satisfy the following conditions:
a) they must be neither identical nor confusing
with previously registered names and logos of other funds;
b) they must not contravene historical and cultural
traditions as well as ethics and national fine customs;
c) The fund's name must be in Vietnamese and may be
translated into foreign languages in accordance with law regulations.
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Article 8. Powers and
obligations of funds
1. Funds’ powers:
A fund is allowed to:
a) be organized and operate according to its
charter acknowledged by a competent authority and relevant laws;
b) mobilize donations for its operations and
receive assets donated or otherwise presented by domestic and overseas
individuals and organizations according to its objectives and law regulations;
organize activities under law to preserve and develop its assets;
c) set up affiliated legal entities in accordance
with law regulations;
d) file complaints in accordance with law
regulations;
dd) cooperate with individuals and organizations to
mobilize donations or raise funds for its operations or for its specific
projects as prescribed by law; and
e) cooperate with local governments, organizations
and individuals in need of support so as to elaborate and implement funding
programs according to its objectives.
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a) bear the state management by competent
authorities managing its operation fields/sectors, and only mobilize and
receive donations within its scope of operation defined in its charter;
b) provide funding under donor’s authorization as
well as its objectives;
c) annually set aside at least 5% of its total
assets to finance programs or projects relevant to its operation objectives, if
a fund is established from donated assets or under an authorization contract or
a testament, and neither conducts fundraising nor receives donations;
d) keep sufficient documents/papers concerning its
assets and finances as well as resolutions and records on its operations and
provide them to competent authorities in accordance with law regulations;
dd) economically and efficiently use its assets and
finances according to its objectives; pay taxes, fees and charges and comply
with accounting, audit and statistical regulations; carry out registration of
taxpayer identification number and tax declaration in accordance with the law
on taxation;
e) bear the inspection, examination and supervision
of competent authorities, donors and the community in accordance with law
regulations; resolve internal complaints and denunciations and submit reports
thereof to competent authorities;
g) annually make public all received contributions
through means of mass media by March 31;
h) report in writing on changes in its head office
or director to the competent authority that has licensed its establishment;
i) submit annual reports on its organization,
operation and finances to the competent authority that has granted its
establishment license and acknowledged its charter, the finance authority of
the same level with this licensing authority, competent authorities managing
its operation fields/sectors and the People’s Committee of province where its
head office is located by December 31;
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l) abide by competent authorities’ decisions on its
organization and operation, and fulfill other obligations according to its
charter and relevant laws.
Article 9. Prohibited acts
Abusing the establishment and operations of a fund
to:
1. Damage the prestige of the State, competent
authorities, organizations, individuals or community; harm national interests,
security, defense and national unity;
2. Contravene social morality, fine customs,
practices, traditions, national characters, beliefs or religions;
3. Commit self-seeking activities or financial
frauds during the establishment and operation of the fund;
4. Launder money, finance terrorism or commit other
illegal acts;
5. Falsify, erase, transfer, lease, lend, mortgage
or pledge the fund establishment license in any forms; or
6. Use funding from state budget to make asset
contribution to the fund or use or support the contribution of assets derived
from or acquired with funding from state budget to the fund.
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CONDITIONS AND
PROCEDURES FOR LICENSING OF FUND ESTABLISHMENT
Article 10. Conditions to be
satisfied to obtain a fund establishment license
1. The fund has operation objectives as defined in
Article 3 hereof.
2. It has founding members as prescribed in Article
11 hereof.
3. The fund founding board has sufficient assets to
contribute for the fund establishment as prescribed in Article 14 hereof.
4. It has an application for establishment as
prescribed in Article 15 hereof.
Article 11. Founding members
of funds
1. Founding members of a fund are required to meet
the following conditions:
a) They must be Vietnamese citizens or
organizations;
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c) If the founding member is a Vietnamese
organization, it must be duly established and have its charter or document
defining its functions and tasks, a resolution of its leadership or decision of
its head on the establishment of fund, and a decision on appointment of a
representative to act as a fund's founding member; in case of a
foreign-invested organization, its representative who acts as a fund’s founding
member must be a Vietnamese citizen;
d) They have contributed assets to establish the
fund as prescribed in Article 14 hereof;
dd) If a founding member is subject to the
management of a competent authority, a written approval from such competent
authority must be obtained according to regulations on management of officials
before submitting an application for establishment license and acknowledgment
of the fund’s charter to the competent authority as prescribed in Article 18
hereof.
2. Founding members shall establish a fund founding
board. Such fund founding board is comprised of at least 03 founding members,
including its head, deputy head and member.
3. The fund founding board shall prepare an
application for establishment license as prescribed in Article 15 hereof and
send it to a competent authority as prescribed in Article 18 hereof. It shall
request the Fund Management Council to compile the draft charter and other
documents included in the application for establishment license.
Article 12. Establishment of
funds with asset contribution by foreign and Vietnamese citizens and
organizations
1. Foreign citizens and organizations are allowed
to contribute their assets with Vietnamese citizens and organizations to
establish a fund in Vietnam.
2. In order to make asset contribution to a fund, a
foreign citizen or organization must:
a) commit to pay taxes and take responsibility for
the lawfulness of his/her/its contributed assets;
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c) contribute assets to establish the fund as
prescribed in Article 14 hereof.
3. The value of assets contributed by foreign
citizens and organizations shall not exceed 50% of total value of assets
contributed to establish the fund as prescribed herein.
Article 13. Establishment of
funds under testaments or by donations
1. If a Vietnamese citizen or organization that
receives an inheritance under a testament or receives donation establishes a
fund, he/she/it shall comply with Clause 1 Article 11 hereof and prepare an
application for establishment license as prescribed in Article 15 hereof and
send it to the competent authority as prescribed in Article 18 hereof. If the
value of the inheritance or donation contributed to the fund meets the minimum
value of the fund’s assets as prescribed in Article 14 hereof, no additional
founding members is required. If the value of the inheritance or donation
contributed to the fund does not meet the prescribed minimum value of the
fund’s assets, the fund must have additional founding members that shall make
asset contributions to the fund as regulated.
2. If a fund is established under a testament or by
donation, a certified copy of such testament or written agreement on donation
is required.
3. If a fund is established under the authorization
of an organization or individual, a notarized authorization contract is
required.
Article 14. Assets contributed
to funds
1. Assets contributed to a fund include:
a) Amounts of money in Vietnam dong;
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c) If other assets, excluding the amounts of money
in Vietnam dong, are contributed to the fund, the amounts of money in Vietnam
dong must be accounted for at least 50% of total value of the fund's assets.
2. If a fund is established by Vietnamese citizens
and/or organizations, the value of contributed assets converted into Vietnam
dong must meet the following limits:
a) VND 6,500,000,000 (six billion five hundred
million), if the fund operates nationwide or in more than one province;
b) VND 1,300,000,000 (one billion three hundred
million), if the fund operates within a province;
c) VND 130,000,000 (one hundred thirty million), if
the fund operates within a district;
d) VND 25,000,000 (twenty-five million), if the fund
operates within a commune.
3. If a fund is established by asset contribution
by foreign citizens and/or organizations and Vietnamese citizens and/or
organizations, the value of contributed assets converted into Vietnam dong must
meet the following limits:
a) VND 8,700,000,000 (eight billion seven hundred
million), if the fund operates nationwide or in more than one province;
b) VND 3,700,000,000 (three billion seven hundred
million), if the fund operates within a province;
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d) VND 620,000,000 (six hundred twenty million), if
the fund operates within a commune.
4. The ownership of assets contributed to a fund
must be transferred to that fund within 45 business days from the date on which
the fund is granted an establishment license and has its charter acknowledged.
Assets contributed to a fund must not be under any disputes or used for
fulfillment of any financial liabilities.
Article 15. Application for establishment
of funds
1. 01 set of application for fund establishment
shall be made and sent to the competent authority defined in Article 18 hereof.
2. An application for fund establishment comprises:
a) An application form for fund establishment;
b) The draft charter of the fund;
c) The written commitment on asset contribution
made by the fund’s founding members or documentary evidences of assets
contributed to the fund as prescribed in Article 14 hereof;
d) CVs and criminal records of members of the fund
founding board and documents prescribed in Article 11, Article 12 or Article 13
hereof. If a founding member is subject to the management of a competent
authority, a written approval from such competent authority must be submitted
according to regulations on management of officials;
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e) Documents certifying the planned head office of
the fund.
Article 16. Principal contents
of a fund's charter
A fund’s charter must include, inter alia, the
following contents:
1. The fund’s name, address, telephone number, fax number, email and website
(if any).
2. The fund’s operation objectives, fields and
scope.
3. Information on the fund’s founding members.
4. The fund’s functions, tasks and powers.
5. The fund’s legal representative, its
organization and operation, organizational structure, tasks and powers of its
Management Council, Control Board, chairman, director and other leading
position holders.
6. Principles of fundraising and receipt and use of
donations.
7. Management and use of the fund’s assets and
finances.
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9. Commendation and reward, discipline and
settlement of internal complaints/denunciations and actions against violations
committed during the fund’s operation.
10. Consolidation, merger, full/partial division,
renaming and dissolution of the fund.
11. Procedures for amending the fund’s charter.
12. Other contents as prescribed by law.
Article 17. Issuance of
establishment license and acknowledgment of fund's charter
1. When receiving an application for fund
establishment, the competent authority specified in Article 18 hereof shall
make an application-receiving note which shall be used as the basis for
determining the time limit for solving the application. Such
application-receiving note must specify date and method of receipt, information
about the application, and particulars of the applicant and receiving official.
If an application is insufficient or invalid as prescribed in Article 15
hereof, within 05 business days from the receipt of the application, the
competent authority shall give a written response in which reasons for
insufficient or invalid application must be specified.
2. Within 40 business days from the receipt of a
sufficient and valid application, the competent authority prescribed in Article
18 hereof shall issue the establishment license and written acknowledgment of
the fund's charter. If an application is refused, it shall issue a written
response clearly stating reasons for such refusal.
3. If a new fund is established, the establishment
license shall be also valid as the written acknowledgment of the fund's
charter.
Article 18. Authority to
settle fund-related procedures
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a) Funds operating nationwide or in more than one
province;
b) Funds established with asset contribution by
foreign and Vietnamese citizens and organizations and operating within a
province.
2. Chairpersons of provincial-level People’s
Committees are competent to:
a) issue establishment licenses and written
acknowledgements of charters; give approval for consolidation, merger,
full/partial division, dissolution or renaming of funds; suspend the operation
of funds for fixed periods; give approval for the resumption of operation of
funds after fixed-period suspension; certify funds’ eligibility for operation;
certify members of funds’ Management Councils; give approval for modification
of or re-issue establishment licenses; give approval for expansion of operation
scope and development/conversion of funds; and revocation of establishment
licenses of funds operating within a province;
b) Funds established with asset contribution by
foreign and Vietnamese citizens and organizations and operating within a
district or commune.
Article 19. Revocation of
establishments and seals of funds
1. A fund shall have its establishment license
revoked in the following cases:
a) The decision on full division, merger,
consolidation or dissolution of the fund comes into force;
b) The fund fails to comply with Clause 4 Article
14 hereof after obtaining the establishment license and acknowledgment of the
fund’s charter, as a result, its establishment license and acknowledgement of
the fund's charter are invalidated. If the fund has not yet complied with
Clause 4 Article 14 hereof because of objective reasons, within 10 business
days before the prescribed deadline, the fund founding board shall send a
written request for extension to the competent authority that has granted its
establishment license and acknowledgement of the fund's charter. Only one
extension shall be allowed for a period not exceeding 20 business days. Upon
the expiration of the extension period, if the fund still fails to comply with
Clause 4 Article 14 hereof, its establishment license and acknowledgement of
the fund's charter shall cease to be effective.
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3. Revocation of a fund’s seal complies with law
regulations on management and use of seals and relevant laws.
Article 20. Procedures for
modification or re-issuance of establishment licenses and acknowledgements of
fund's charters
1. The establishment license and the
acknowledgement of the fund’s charter may be modified or re-issued at the request
of the Fund Management Council.
2. The modification of the establishment license
and acknowledgement of the fund’s charter shall be made when the fund’s charter
is revised. When wishing to modify the establishment license and
acknowledgement of the fund’s charter, the Fund Management Council shall submit
an application to the competent authority prescribed in Article 18 hereof. Such
application includes:
a) An application form for modification of the
establishment license and acknowledgement of the fund’s charter;
b) The Management Council’s resolution stating the
reasons for modification of the establishment license and acknowledgement of
the fund’s charter;
c) The draft of revised fund’s charter.
3. Within 30 business days from the receipt of a
sufficient and valid application for modification of the establishment license
and acknowledgement of the fund’s charter, the competent authority prescribed
in Article 18 hereof shall consider making decision on approval for
modification of the establishment license and acknowledgement of the fund’s
charter. If an application is refused, it shall issue a written response
clearly stating reasons for such refusal.
4. When its establishment license and
acknowledgement of the fund’s charter are lost, torn, rumpled or otherwise
destroyed, the fund shall submit an application to the competent authority
prescribed in Article 18 hereof for re-issuance of the establishment license
and acknowledgement of the fund’s charter, clearly stating the reasons for
re-issuance.
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Article 21. Conditions,
application and procedures for expansion of operation scope
1. Conditions, application and procedures for
expansion of operation scope of a fund:
The fund that wishes to expand its scope of
operation and has met the prescribed value of contributed assets as prescribed
in Article 14 hereof shall submit an application, including:
a) An application form for expansion of operation
scope;
b) The documents specified in Points b, c Clause 2
Article 15 hereof.
2. Within 30 business days from the receipt of a
sufficient and valid application, the competent authority prescribed in Article
18 hereof shall issue the establishment license and written acknowledgement of
the fund's charter. If an application is refused, written reasons for such
refusal shall be given.
Article 22. Announcement of
establishment of funds
1. Within 30 business days after obtaining the
establishment license and acknowledgement of the fund's charter, the fund shall
announce its establishment on 03 consecutive issues of a central print or
online newspaper, for funds licensed by the Minister of Home Affairs, or of a
local print or online newspaper, for funds licensed by Chairpersons of
provincial-level People’s Committees. The following information shall be
announced:
a) The fund’s name;
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c) The fund’s guidelines and objectives;
d) The fund’s operation scope;
dd) The fund’s main operation fields/sectors;
e) The fund’s account number and name and address
of the bank where the fund’s account is opened;
g) Serial number, code and date of the fund's
establishment license and acknowledgement of the fund's charter, and licensing
authority;
h) Assets contributed by the fund’s founding
members.
2. In case of modification of the fund’s establishment
license and acknowledgement of the fund's charter, the fund is required to
announce these modifications within the time limit and according to the method
specified in Clause 1 of this Article.
Article 23. Transfer of
ownership of assets contributed by founding members
A fund’s founding members shall transfer the
ownership of assets they contribute to the fund as follows:
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2. For registered assets or the value of land-use
rights, founding members shall carry out procedures for transfer of the
ownership of such assets or land-use rights to the fund at competent
authorities. The transfer of land-use rights shall comply with law regulations
on land.
3. The contribution of non-registered assets shall
be made through the delivery of assets which must be certified in a record. A
record of asset delivery must clearly state the fund’s name and head office;
full name, permanent residence and ID card or citizen identity card or passport
number of individuals contributing assets, or serial number of the
establishment license of organizations contributing assets; type and number of
units of contributed assets; total value of contributed asset; date of
delivery; signatures of the asset contributor or its/his/her authorized
representative and the fund’s legal representative.
Article 24. Conditions for
operation of funds
A fund may operate upon its satisfaction of the
following conditions:
1. The fund has an establishment license and
acknowledgement of the fund's charter issued by a competent authority as
prescribed in Article 18 hereof.
2. It has made announcement of establishment as
prescribed in Article 22 hereof.
3. It has obtained from the bank where its account
is opened a written certification of the availability of money amounts
contributed by its founding members in its account. For other assets, it has
completed procedures for transfer of ownership of assets as prescribed in
Clauses 2, 3 Article 23 hereof.
4. The competent authority prescribed in Article 18
hereof has issued a decision on certification of the fund’s eligibility for
operation and members of the Fund Management Council.
Article 25. Certification of a
fund’s eligibility for operation and members of its Management Council
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An application for certification of the fund’s
eligibility for operation must be sent to the competent authority within 45
business days after obtaining its establishment license.
2. Such application includes:
a) Documents proving the fund’s compliance with
Clause 2 and Clause 3 Article 24 hereof;
b) A list indicating names, addresses and telephone
numbers of members of the Fund Management Council, enclosed with their CVs and
criminal records. The CV of a foreign member must be certified by a competent
authority of the country of his/her citizenship;
c) Documents on the election of members of and
other positions in the Fund Management Council.
3. Within 30 business days from the receipt of a
sufficient and valid application, the competent authority as prescribed in
Article 18 hereof shall issue a decision to certify the fund’s eligibility for
operation and members of the Fund Management Council. If an application is
refused, it shall issue a written response clearly stating reasons for such
refusal.
4. In case of changing members of or adding new
members to the Fund Management Council during its operation, the fund shall
send to the competent authority as prescribed in Article 18 hereof an
application for certification of new members of the Fund Management Council,
clearly stating the reasons for such change or addition of members (enclosed
with a list indicating names, addresses and telephone numbers of new members,
their CVs and criminal records). Within 15 business days from the receipt of a
sufficient and valid application, the competent authority as prescribed in
Article 18 hereof shall issue a decision to certify new members of the Fund
Management Council. If an application is refused, it shall issue a written
response clearly stating reasons for such refusal.
Chapter III
ORGANIZATION AND
OPERATION OF FUNDS
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1. The Fund Management Council is the fund’s management
body which, in the name of the fund, decides and exercises the fund’s rights
and performs the fund’s obligations. Members of the Fund Management Council
must have full capacity for civil acts and no previous criminal convictions. A
Fund Management Council is comprised of at least 03 members nominated by
founding members and the number of members who are Vietnamese citizens must be
at least 51% of total members of the Fund Management Council. In case no
nominations is proposed by founding members, the Fund Management Council of the
previous term shall elect members to the Fund Management Council of the
subsequent term, who shall be certified by the competent authority prescribed
in Article 18 hereof. The maximum term of office of the Fund Management Council
is 05 years. The Fund Management Council is composed of a chairman, deputy
chairmen and members.
2. If a fund is established on the basis of donated
or inherited assets, the number of members representing such assets shall not
exceed one-third of total members of the Fund Management Council.
3. The Fund Management Council shall have the
following tasks and powers:
a) Make decisions on the fund’s development
strategy and annual operation plans;
b) Decide the fund’s development solutions; consider
giving approval for contracts on borrowing or selling/buying valuable assets of
the fund. Assets to be considered as valuable assets are defined in the fund’s
charter;
c) Elect, remove from office and dismiss its
chairman, deputy chairmen and members who will be certified by a competent
authority; decide the establishment of the Control Board; appoint, remove from
office or dismiss the fund director or sign and terminate the contract signed
with the fund director in case of hiring a director; decide the accounting
manager and other managers specified in the fund’s charter;
d) Decide salaries, bonuses and other benefits of
its chairman, deputy chairmen and members and the fund director, accounting
manager and other managers according to the fund’s charter and relevant laws;
dd) Consider giving approval for annual financial
statements and plans on use of the fund’s assets and finances;
e) Decide the fund’s organizational structure
according to law regulations and the fund’s charter;
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h) Revise the fund’s charter;
i) Decide the dissolution of the fund or propose
modifications to the establishment license and acknowledgement of the fund’s
charter to competent authorities;
k) Perform other tasks and powers according to this
Decree and the fund’s charter.
4. The Fund Management Council works on a collegial
basis and votes on the under the majority rule.
Article 27. Chairman, deputy
chairmen and members of a Fund Management Council
1. Chairman of the Fund Management Council must be
a Vietnamese citizen elected by the Fund Management Council, who also acts as
the fund’s legal representative. The Fund Management Council’s chairman may
concurrently act as the fund director.
2. The Fund Management Council’s chairman shall
have the following tasks and powers:
a) Prepare or organize the preparation of operation
programs and plans of the Fund Management Council;
b) Prepare or organize the preparation of agendas,
contents and documents for the Management Council’s meetings or for consulting
members of the Fund Management Council;
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d) Supervise or organize the supervision of the
implementation of the Fund Management Council’s decisions;
dd) Sign the Management Council’s decisions on the
Management Council’s behalf;
e) Perform other tasks and powers according to this
Decree and the fund’s charter.
3. The maximum term of office of the Fund
Management Council’s chairman is 05 years. The Fund Management Council’s
chairman may be re-elected without limitation on the number of terms.
4. In case the Fund Management Council’s chairman
concurrently acts as the fund director, such case must be clearly stated in the
fund’s transaction documents.
5. In case of absence, the Fund Management Council’s
chairman shall authorize in writing a deputy chairman of the Fund Management
Council to exercise his/her rights and perform his/her tasks on the principles
specified in the fund’s charter.
6. The Fund Management Council’s chairman is
assisted by deputy chairmen whose tasks and powers are specified in the fund’s
charter.
7. A foreigner or the representative of a foreign
organization that has contributed assets to the fund or made great
contributions to the fund may be elected by founding members as deputy chairman
or member of the Fund Management Council or awarded the title of honorary
chairman of the fund.
Article 28. Fund directors
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2. The fund director administers the fund’s routine
work, is subject to the supervision by the Fund Management Council and takes
responsibility before the Fund Management Council and the law for the
performance of his/her assigned powers and tasks. The maximum term of office of
the fund director is 05 years and he/she may be re-elected.
3. The fund director shall have the following tasks
and powers:
a) Administer and manage the fund’s operations and observe
the spending limits of the fund in accordance with the Fund Management
Council’s resolutions, the fund’s charter and relevant laws;
b) Issue documents falling under his/her
administration responsibility and take responsibility for his/her decisions;
c) Make periodical reports on the fund’s operations
to the Fund Management Council and competent authorities;
d) Manage the fund’s assets according to the fund’s
charter and law regulations on financial and asset management;
dd) Propose the Fund Management Council’s chairman
to appoint the fund’s deputy director(s) and leaders of affiliated units;
e) Discharge other tasks and powers according to
the fund’s charter and the Fund Management Council’s decisions.
Article 29. Accounting
managers
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2. The fund’s accounting manager shall assist the
fund director in organizing and implementing the fund’s accounting and
statistical work according to law regulations.
3. It is prohibited to appoint as the fund’s
accounting manager a person who is prohibited from performing accounting works
as regulated in the law on accounting.
4. The fund’s accounting manager shall complete
settlements before the fund is consolidated, merged, fully or partially divided
or dissolved or before he/she takes another job.
Article 30. Fund Control
Boards
1. The Fund Control Board shall be established by
the chairman of the Fund Management Council according to the Fund Management
Council’s resolution. For a fund operating nationwide, in more than one
province or within a province or a fund established with assets contributed by
foreign citizens or organizations with Vietnamese citizens and organizations,
the Control Board must have at least 03 members, including the head, deputy
head and member(s). For a fund operating within a district or commune, the Fund
Management Council shall also perform the fund control function.
2. The Fund Control Board operates independently
and has the following tasks:
a) Inspect and supervise the fund’s operations in
accordance with its charter and law regulations;
b) Settle complaints, claims and denunciations sent
to the fund;
c) Submit reports to the Fund Management Council on
the inspection and supervision results and financial status of the fund.
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1. A fund must organize accounting and statistical
works in accordance with the law on accounting, the law on statistics and their
guiding documents. To be specific:
a) Complying with regulations on accounting
documents, cost-accounting and relevant economic and financial operations;
b) Opening accounting books to reflect and record
relevant economic and financial operations (reflecting and monitoring
contributions and donations in cash and in kind received from organizations and
individuals, and organizations and individuals receiving donations in cash or
in kind);
c) Making and fully and punctually submitting
financial statements and annual statements to the competent authority that
licensed its establishment and the finance authority of the same level with or
under the competent authority that licensed its establishment.
2. The fund shall bear the inspection, examination
and audit of its revenues and expenditures as well as its management and use by
the finance authority of the same level with or under the competent authority
that licensed its establishment and competent audit authority. It shall provide
necessary information to authorities performing state management tasks when so
requested according to law regulations.
Article 32. Branches and
representative offices of funds
1. A fund operating nationwide or in more than one
province is allowed to set up branches or representative offices in provinces
or central-affiliated cities other than the province or city where it is
headquartered. In such case, the fund shall send notification to the competent
authority that licensed its establishment specified in Clause 1 Article 18
hereof and the People’s Committee of province or city where its branch or
representative office will be located.
2. Branches and representative offices are
affiliated units of the fund and shall operate according to law regulations and
the fund’s charter. The fund shall take responsibility for all operations of
its branches and representative offices.
3. The fund’s branch or representative office shall
be subject to the state management by the People’s Committee of province or
city where it is located.
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a) A written notification of the establishment of
the fund’s branch or representative office, clearly stating the following
information: the fund’s name and head office; the fund’s objectives, main
operation fields and scope; name, address and contents and scope of operation
of the branch or representative office; full name, permanent residence and
number of the ID card or citizen identity card or passport of the head of the
branch or representative office. This document must bear the signature and full
name of the fund’s legal representative and the fund's seal;
b) A certified copy of the Fund Management
Council’s decision on the establishment of the fund’s branch or representative
office;
c) A certified copy of the decision on appointment of
the head of the branch or representative office;
d) A certified copy of the fund’s establishment
license and acknowledgement of the fund's charter and a certified copy of the
acknowledged charter of the fund (the notification submitted to the competent authority
that has issued the establishment license and acknowledgement of the fund’s
charter must not include these copies).
Article 33. Legal entities
affiliated to a fund
1. If a fund is allowed to establish its affiliated
legal entities, that have operation fields conformable with the fund's charter
acknowledged by a competent authority, according to a specialized law which
prescribes specific conditions, procedures, application and authorities
competent to grant operation license (operation license, business license or
other equivalent document), the fund shall make decision on establishment of
its legal entity according to regulations of such specialized law.
2. Funding for establishing a legal entity
affiliated to the fund does not include donations and aids granted by domestic
and overseas individuals and organizations.
Chapter IV
ASSETS AND FINANCES OF
FUNDS
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1. A fund’s assets and finances include:
a) Vietnam dong and assets converted into Vietnam
dong (including objects, foreign currencies, financial instruments, property
rights and assets of other types) contributed by organizations and individuals
to the fund. Individuals and organizations that have contributed their assets
to the fund will no longer own and take civil liability for such assets. Assets
which are working offices, equipment, technologies or property rights must be
valued by a duly established valuation organization in accordance with law
regulations;
b) Revenues from its assets and finances;
c) Other lawful assets and finances.
2. A fund’s assets and finances shall be used to
assure its initial operations and spent on tasks in accordance with its charter
and law regulations.
3. Vietnam dong, foreign currency and gold
converted into Vietnam dong shall be contributed to the fund via its bank
account, unless otherwise prescribed by law.
Article 35. Revenues of funds
1. Voluntary contributions and lawful donations of
domestic and overseas organizations and individuals as prescribed by law. A fund’s
revenues do not include assets of its founding members as prescribed in Clause
1 Article 14 hereof.
2. Revenues from provision of services or other
activities as prescribed by law.
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a) performance of tasks assigned by regulatory
authorities;
b) provision of public services and implementation
of scientific research schemes, target programs and projects ordered by the
State.
4. Interests on deposits and government bonds.
5. Other lawful revenues (if any).
Article 36. Use of funds
A fund shall be used to:
1. Finance programs and projects of humanitarian
and charity purposes, for promoting the development of culture, education,
healthcare, sports and science or for other social purposes for community
development as defined in its charter; Provide funding under the authorization
of organizations and individuals and implement targeted funding projects
according to law regulations; Provide funding to organizations and individuals
in conformity with its objectives.
2. The mobilization, receipt, distribution and use
of voluntary contributions to support people in remedying difficulties caused
by disasters, conflagrations or serious incidents and fatal patients shall
comply with the Government’s regulations on mobilization, receipt, distribution
and use of voluntary contributions to support people in remedying difficulties
caused by disasters, conflagrations or serious incidents and fatal patients.
3. The receipt and use of donations from foreign
non-governmental organizations shall comply with the
Government’s Regulation on receipt and use of donations from foreign
non-governmental organizations and relevant legislative documents.
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5. Cover the fund’s management expenses.
6. The fund’s idle money (excluding funds derived
from state budget, if any) shall be used to purchase government bonds or make
savings deposit.
7. Cover costs of provision of other services or
performance of other activities.
Article 37. Fund management
expenses
1. Fund management expenses include:
a) Payment of salaries and allowances for fund
managerial staffs;
b) Payment of social insurance, unemployment
insurance, health insurance or other compulsory contributions as prescribed by
law;
c) Payment of rental of working offices (if any);
d) Procurement and repair of office supplies and
assets serving the fund’s operations;
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e) Payment of working-trip allowances for those
engaged in the mobilization, receipt, transportation and distribution of relief
money and goods;
g) Payment for operations related to the
performance of general tasks in the process of mobilization, receipt,
transportation or distribution of relief money and goods (money for hiring
warehouses and storing yards; goods packaging and transportation expenses;
money transfer expenses; expenses related to the distribution of relief money
and goods);
h) Other expenses related to the fund’s operations.
2. Levels of fund’s management expenses:
a) The Fund Management Council shall specify the
rate of fund management expenses which, however, must not exceed 5% of the
fund’s total annual revenues (excluding financial assistance in kind, the
State’s financial assistance for the provision of public services and
implementation of scientific research schemes and target programs and projects
ordered by the State);
b) In case total demands for fund management
expenses exceed 5% of the fund’s total annual revenues, the Fund Management
Council shall specify a spending level which shall not exceed 10% of the fund’s
total annual revenues;
c) By the end of year, fund management expenses
which are not spent up may be carried forward to the subsequent year for
further use in accordance with law regulations.
Article 38. Financial and
asset management of a fund
1. The Fund Management Council shall issue
regulations on the management and use of the fund’s assets and finances and its
spending levels; approve the rate of fund management expenses and financial
plans and consider and approve the fund’s annual financial statements.
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3. The fund director shall comply with regulations
on management and use of the fund’s assets, finances, revenues and spending
levels according to the Fund Management Board’s resolutions on the basis of
tasks and operations already approved by the Fund Management Board; and may not
use the fund’s assets and finances for operations different from the fund’s
objectives.
4. The Fund Management Council and the fund
director shall quarterly and annually make public the fund’s assets and
finances. The following information shall be made public:
a) List of contributors and donors and their
amounts of contributions and donations in cash and in kind to the fund;
b) List of beneficiaries and their received money
and objects; information on use and revenue and expenditure statement of every
contribution;
c) Make reports on the fund’s assets and finances
and the fund’s quarterly and annual statements specifying every revenue and
expenditure item in accordance with the law on accounting and its guiding
documents.
5. Reports on expenditure items for each
fundraising campaign shall be made according to current regulations on
mobilization, receipt, distribution and use of voluntary contributions to
support people in remedying difficulties caused by disasters or conflagrations
and fatal patients.
6. Funds shall publicize their annual financial
statements, finalization reports and auditor’s opinions (if any) on means of
mass media according to current regulations.
Chapter V
CONSOLIDATION, MERGER,
FULL OR PARTIAL DIVISION, RENAMING; SUSPENSION AND DISSOLUTION OF FUNDS
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1. The consolidation, merger, full or partial
division of funds shall comply with relevant laws.
2. Procedures for consolidation, merger, full or
partial division of funds:
a) The fund(s) involved in the consolidation,
merger, full or partial division shall send an application as prescribed in
Clause 3 of this Article to the competent authority prescribed in Article 18
hereof;
b) Within 30 business days from the receipt of a
sufficient and valid application, the competent authority prescribed in Article
18 hereof shall consider and permit the consolidation, merger, full or partial
division of the fund(s); if an application is refused, it shall issue a written
response clearly stating reasons for such refusal;
c) The consolidating funds, merged fund or fully
divided fund shall terminate their/its existence and operation after obtaining
a decision permitting the consolidation, merger or full division from the
competent authority prescribed in Article 18 hereof. The rights and obligations
of the consolidating funds, merged fund or fully divided fund shall be
transferred to the newly founded fund or merging fund. In case of partial
division of a fund, the partially divided fund and a newly founded fund shall
exercise the rights and perform the obligations in conformity with their
respective operation objectives and take joint responsibility for the
obligations of the original fund.
3. An application for consolidation, merger, full
or partial division comprises:
a) An application form for consolidation, merger,
full or partial division of the fund(s), clearly stating the reason and new
name of the fund(s);
b) The draft charter of the fund(s);
c) Resolution(s) of the Fund Management Council(s)
on the consolidation, merger, full or partial division of the fund(s); written
consents of founding members of the fund(s) or their lawful representatives (if
any);
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dd) Plans for handling of assets, finances and
laborers upon the consolidation, merger, full or partial division of the
fund(s).
4. Renaming of a fund:
a) The renaming of a fund must be decided in a
resolution of the Fund Management Council and agreed in writing by the fund’s
founding members or their lawful representatives (if any);
b) The fund shall send to the competent authority
prescribed in Article 18 hereof an application for renaming of the fund,
comprising: an application form for renaming of the fund; the Fund Management
Council’s resolution on renaming of the fund; the draft of revised charter;
written consents of the fund’s founding members or their lawful representatives
(if any);
c) Within 15 business days from the receipt of a
sufficient and valid application, the competent authority prescribed in Article
18 hereof shall consider and re-issue a license with the fund’s new name and
acknowledge the revised fund’s charter. If an application is refused, it shall
issue a written response clearly stating reasons for such refusal.
Article 40. Suspension of
operation of funds
1. A fund shall be suspended from operation for 06
months if committing one of the following violations:
a) Operating for improper objectives or against its
charter recognized by a competent authority; failing to handle serious internal
conflicts; involving in complicated problems about public order and security in
the course of its organization and operation;
b) Violating state regulations on management of
assets and finances;
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d) Mobilizing donations for purposes other than
those specified in its charter;
dd) Failing to operate for 06 consecutive months;
e) Failing to make sufficient reports on its
organization and operation or annual financial statements and to remedy its
violation within 30 business days after receiving a written reprimand from a
competent authority prescribed in Article 18 hereof;
g) Failing to report on the relocation of its head
office or change of members of the Fund Management Board or the fund director;
h) Failing to fulfill one of its obligations
specified in Points , b, c, d, dd, e, g, l Clause 2 Article 8 and Clause 1
Article 49 hereof.
2. Within 15 business days after obtaining
conclusions on the fund’s violations according to Clause 1 of this Article, the
competent authority prescribed in Article 18 hereof shall issue a decision to
suspend the fund’s operation. Apart from being suspended from operation, the
fund shall, depending on the nature and severity of its violations, be liable
to administrative penalties. If causing damage, the fund shall pay compensation
therefor and its managers shall be handled according to law regulations.
3. If the fund remedies its violations during the suspension
period, it may make and send an application for resumption of operation to the
competent authority prescribed in Article 18 hereof for consideration and
decision. An application comprises:
a) An application form for resumption of operation;
b) The Fund Management Council’s report on and
documents proving the remedy of violations.
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5. At the end of the suspension period, if the fund
cannot remedy its violations, this period shall be prolonged for 01 month. Over
this time limit, if the fund still fails to remedy its violations, the
competent authority prescribed in Article 18 hereof shall issue a decision to
dissolve the fund.
6. The authority competent to license the establishment
of the fund shall decide the imposition of administrative penalties and
transfer documents on the case to a competent authority for handling.
Article 41. Dissolution of
funds
1. A fund may dissolve at its own will or be
dissolved.
2. A fund dissolves at its own will in the
following cases:
a) It terminates its operation according to its
charter;
b) Its operation objectives have been fulfilled;
c) It has no assets or finances for operation.
3. The order, procedures and application for
voluntary dissolution of a fund: The Fund Management Council shall issue a
resolution on dissolution of the fund and send an application to the competent
authority prescribed in Article 18 hereof for approval for its voluntary
dissolution. Such application comprises:
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b) The Fund Management Council’s resolution on
dissolution, clearly stating the reason;
c) An inventory of the fund’s assets and finances,
bearing the signatures of the chairman of the Fund Management Council, head of
the Control Board, fund director and accounting manager;
d) Planned methods of handling assets, finances and
staff and time limit for debt payment;
dd) A notice of the time limit for payment of debts
(if any) to related organizations or individuals according to law regulations
on 03 consecutive issues of a central print or online newspaper, for funds
licensed by the Minister of Home Affairs, or of a local print or online
newspaper, for funds licensed by Chairpersons of provincial-level People’s
Committees;
e) Documents proving the fulfillment of the fund’s
asset and financial liabilities.
4. A fund is compulsorily dissolved in the
following cases:
a) It fails to report on its organization,
operation and finances as regulated or fails to publicize its financial
statements, finalization reports and auditor’s opinions (if any) in 02
consecutive years; it fails to amicably handle serious internal conflicts
significantly affecting operation of regulatory authorities;
b) It falsifies its accounting information or
registered account number or fails to obtain the disbursement rate specified in
this Decree;
c) It fails to apply for voluntary dissolution
according to Clause 2 of this Article;
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dd) Over the operation suspension period, it fails
to remedy its violations according to Clause 5 Article 40 hereof.
5. Responsibilities of the competent authority
having licensed the establishment of the fund which will be voluntarily or
compulsorily dissolved:
a) In case the fund applies for voluntary
dissolution: After 15 business days from the expiration of the time limit
stated in the notice of payment of debts and liquidation of assets and finances
of the fund upon its dissolution, if receiving no complaints, the competent
authority prescribed in Article 18 hereof shall consider and issue a decision
to dissolve the fund and revoke its establishment license and written
acknowledgement of the fund’s charter;
b) In case the fund is compulsorily dissolved:
Within 15 business days after obtaining the written conclusions on the fund’s
violations, the competent authority prescribed in Article 18 hereof shall
publish an announcement on the dissolution and time limit for payment of debts
and liquidation of assets and finances of the fund on 03 consecutive issues of
a central print or online newspaper, for funds licensed by the Minister of Home
Affairs, or of a local print or online newspaper, for funds licensed by
Chairpersons of provincial-level People’s Committees. After 15 business days
from the deadline for payment of debts and liquidation of assets and finances
indicated in the announcement, if receiving no complaints, the competent
authority prescribed in Article 18 hereof shall consider and issue a decision
to dissolve the fund and revoke its establishment license and written
acknowledgement of the fund’s charter;
c) If the to-be-dissolved fund does not agree with
the dissolution decision, it may lodge a complaint according to law
regulations. The fund may not operate pending the settlement of its complaint.
6. The fund shall terminate its operation from the
effective date of the dissolution decision issued by a
competent authority.
Article 42. Handling of assets
upon consolidation, merger, full or partial division, suspension or dissolution
of funds
1. When the consolidation, merger, full or partial
division of fund(s) is permitted by a competent authority, the whole money and
assets of the fund(s) must be fully and punctually inventoried before the
consolidation, merger, full or partial division; and assets of such fund(s)
must not be divided. Money and assets of the consolidating or merging fund must
equal the total money and assets of the involved funds before the consolidation
or merger according to the inventory of money and assets. Total money and
assets of funds newly established after the full or partial division of a fund
must be equal to money and asset of the original fund according to the
inventory of money and assets.
2. In case a fund is suspended from operation, all
its money and assets shall be inventoried and its assets shall be kept intact.
During the operation suspension period, pending the issuance of a decision by a
competent authority, the fund may pay regular expenses for its apparatus.
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4. The whole existing money amount of the fund and
the proceeds from the sale or liquidation of its assets shall be used in the
following order of priority:
a) Dissolution expenses;
b) Salaries, severance pays, social insurance and
health insurance contributions and other benefits of its staff according to the
collective labor agreement and signed labor contracts;
c) Tax debts and other payables.
5. The remaining money and assets self-earned by
the fund or donated by domestic and overseas individuals and organizations
shall be transferred to the budget of the competent authority that has licensed
its establishment. Assets derived from or acquired with funding from state
budget (if any) shall be transferred to state authorities for handling in
accordance with the Law on management and use of public property.
Article 43. Responsibilities
of Fund Management Councils for consolidation, merger, full or partial
division, dissolution or renaming of funds
1. Fund Management Councils shall organize the
implementation of decisions on consolidation, merger, full or partial division,
dissolution or renaming of funds.
2. The handling of assets and finances upon
consolidation, merger, full or partial division or dissolution of funds shall
comply with the funds’ charters and law regulations.
Article 44. Complaints and
denunciations
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Chapter VI
STATE MANAGEMENT OF
FUNDS
Article 45. Responsibilities
of Ministry of Home Affairs
1. Formulate and propose competent authorities for
promulgation or promulgate according to its competence legislative documents on
funds.
2. Provide guidance for ministries, ministerial
agencies, Governmental agencies, and People's Committees of central-affiliated
cities and provinces on the implementation of the law on funds.
3. Exercise its powers as defined in Clause 1
Article 18 hereof; consult in writing ministries and ministerial agencies in
charge of funds’ main operation fields/sectors when settling fund-related
procedures under the competence of the Minister of Home Affairs.
4. Take charge and cooperate with ministries and
ministerial agencies in performing state management of organization and
operation of funds.
5. Commend and reward or propose competent
authorities to commend and reward funds according to law regulations.
6. Inspect, examine and supervise the organization
and operation of funds.
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8. Make and submit consolidated reports on
organization and operation of funds to the Prime Minister.
9. Promulgate and provide guidance on forms of
decisions, model charter and forms and documents related to funds, and minutes
of meeting on election of members of fund founding boards.
Article 46. Responsibility of
Ministry of Finance
1. Provide guidance on accounting of social and
charity funds in accordance with the law on accounting.
2. Take charge and cooperate with the Ministry of Home
Affairs in inspecting, examining and supervising funds’ financial operations
and compliance with law regulations on taxation; settling finance-related
complaints and denunciations, and handling finance-related violations of, funds
licensed by the Ministry of Home Affairs.
Article 47. Responsibilities
of ministries and ministerial agencies for funds operating in the
fields/sectors under their management
1. Give to the Ministry of Home Affairs written
opinions on consulted matters concerning funds operating in the fields/sectors
under their management according to Clause 3 Article 45 hereof within 15
business days from the receipt of written request for opinions.
2. Handle complaints and denunciations and take
actions against violations committed by funds within the ambit of their
assigned functions and duties in accordance with the law on complaints and
denunciations. Instruct and create conditions for funds to participate in
activities in the fields/sectors under their management according to law regulations.
3. Inspect funds in their observance of relevant
state management regulations, handle or propose competent authorities to handle
their violations according to law regulations.
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5. Notify in writing to the Ministry of Home
Affairs of their decisions to assign funds to participate in activities in the
fields/sectors under their management and provide funding support to funds, for
funds licensed by the Ministry of Home Affairs.
Article 48. Responsibilities
of provincial-level People’s Committees
1. Responsibilities of provincial-level People’s
Committees towards funds they have issued establishment licenses:
a) Performance state management of the organization
and operation of funds under Clause 2 Article 18 hereof;
b) Manage, inspect, examine and supervise the
observance of law regulations and funds’ charters by funds operating in their
provinces;
c) Settle complaints and denunciations and take
actions against violations committed by funds; commend and reward or propose
competent authorities to commend and reward funds operating in
their provinces;
d) Consider providing support to funds operating in
their provinces;
dd) Consider and permit funds operating in
their provinces to receive donations from domestic and overseas
organizations and individuals according to law regulations;
e) Instruct and guide provincial-level
departments/agencies, district- and commune-level People’s Committees in
managing funds;
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2. Responsibilities of provincial-level People’s
Committees towards funds which are licensed by the Ministry of Home Affairs and
operate in their provinces: Perform state management in inspecting, examining
and handling violations, and submit annual reports on the operation of these
funds to the Ministry of Home Affairs in accordance with law regulations.
Chapter VII
IMPLEMENTATION
PROVISIONS
Article 49. Effect
1. Funds which have been established according to
relevant law regulations previously promulgated but do not meet conditions
herein shall, within 06 months from the date of entry into force of this
Decree, prepare and send complete applications as prescribed in Article 20 and
Points b, c Clause 2 Article 25 hereof to competent authorities for
acknowledgement of funds’ charters (revised) as well as certification of
members of Fund Management Councils.
2. This Decree comes into force from January 15,
2020.
3. This Decree supersedes the Government’s Decree
No. 30/2012/ND-CP dated April 12, 2012 on organization and operation of social
and charity funds.
Article 50. Implementation
responsibility
1. The Minister of Home Affairs and the Minister of
Finance shall, within the ambit of their assigned functions, duties and powers,
elaborate on contents assigned to them in this Decree, instruct, organize and
inspect the implementation of this Decree.
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ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc