Chapter V
CONSOLIDATION, MERGER, DIVISION, SPLITTING, AND RENAMING; SUSPENSION OF OPERATION AND DISSOLUTION OF FUNDS
Article 26. Consolidation, merger, splitting, division; and renaming of funds
The consolidation, merger, division, splitting and renaming of funds are carried out in accordance with the Civil Code, this Decree and relevant legal provisions.
Article 27. Suspension of operation of funds
1. A fund shall be suspended from operation for six months if committing one of the following violations:
a/ Operating for improper purposes or in contravention of its charter recognized by a competent state agency;
b/ Violating state regulations on financial management and publicity;
c/ Organizing its management and administration in contravention of law;
d/ Using targeted donations of organizations or individuals for improper purposes;
e/ Mobilizing donations for purposes other than those specified in its charter.
2. If committing violations specified in Clause 1 of this Article, apart from being suspended from operation, depending on the nature and severity of their violations, funds may be imposed with additional administrative sanctions, if causing damage, they shall pay compensation. Depending on the severity of violations, fund managers shall be handled in accordance with law.
3. If funds can remedy consequences of their violations within the suspension duration of six months, state competent agencies may issue a decision to permit resumption of their operation; if funds cannot remedy the consequences of their violations, the suspension duration shall be prolonged for another six months. Past this time limit, if funds fail to remedy the consequences of their violations, they shall be dissolved.
The agencies competent to permit the establishment of funds may decide on the suspension and resumption of the operation of funds, impose administrative sanctions and transfer dossiers to and request competent agencies to handle violations.
Article 28. 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 in accordance with its charter;
b/ Its operation objectives have been fulfilled;
c/ Its operation cannot be continued due to financial reasons.
3. A fund is dissolved in the following cases:
a/ It fails to operate for 12 months in a row or fails to make reports on its organization, operation and finance for two consecutive years;
b/ It fails to comply with requirements set upon its establishment, modifies its establishment license without permission or becomes financially incapable for continuing its operation because its founding members do not contribute their property sufficiently within 12 months after its establishment license is granted and its charter is recognized by a competent state agency;
c/ It falsifies information on accounting or registered account numbers, fails to reach the disbursement level prescribed in this Decree or to comply with reporting requirements prescribed in this Decree and other relevant legal documents;
d/ Past the suspension duration, if the fund cannot remedy the consequences of its violation, its establishment license will cease to be valid;
e/ It violates one of the provisions of Article 7 of this Decree;
f/ It does not dissolve at its own will in the cases specified in Clause 2 of this Article.
4. The Ministry of Home Affairs shall specify the order and procedures for dissolution of funds.
Article 29. Handling of property of funds upon dissolution
After paying all debts and dissolution expenses, the remaining property of a fund must be remitted into the central budget (for funds established with the permission of the Ministry of Home Affairs) or the local budget (for funds established with the permission of provincial-level Peoples Committee or district-level Peoples Committee). It is strictly prohibited to disperse funds assets.
Article 30. Responsibilities of state agencies for the consolidation, merger, division, splitting and dissolution of funds; renaming and suspension of operation of funds
The Ministry of Home Affairs shall guide the consolidation, merger, division, splitting and dissolution of funds; renaming of funds; suspension of operation of funds; withdrawal of establishment licenses and seals of funds; and settlement of fund-related complaints and denunciations in accordance with law.
Article 31. Responsibility of Fund Management Councils for the consolidation, merger, division, splitting and dissolution of funds; renaming and suspension of operation of funds
1. Fund Management Councils shall organize the implementation of decisions on the consolidation, merger, division, splitting and dissolution of funds, renaming of funds.
2. The handling of property and settlement of financial matters upon consolidation, merger, division, splitting and dissolution of a fund complies with the charter of the fund and law.
Article 32. Complaints and denunciations
Funds may make complaints and denunciations in accordance with law. Pending the settlement of complaints about decisions on their operation suspension or dissolution or withdrawal of their establishment licenses or seals, funds may not operate.
Tìm kiếm
Nghị định 148/2007/NĐ-CP (Bản Word)