Nghị định 58/2022/NĐ-CP về đăng ký và quản lý hoạt động của các tổ chức phi chính phủ nước ngoài tại Việt Nam

DECREE

REGISTRATION AND MANAGEMENT OF OPERATIONS OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS IN VIETNAM

Pursuant to the Law on Governmental Organization dated June 19, 2015;

Pursuant to the Law on Local Government Organization dated June 19, 2015;

Pursuant to the Law on amendments to some articles of the Law on Government Organization of Vietnam and Law on Local Government Organization of Vietnam dated November 22, 2019;

Pursuant to Law on Promulgation of legislative documents dated June 22, 2015; the Law on amendments to some articles of Law on Promulgation of legislative documents dated June 18, 2020;

At the request of the Minister of Foreign Affairs;

The Government promulgates a Decree on registration and management of operations of foreign non-governmental organizations in Vietnam

Chapter I

GENERAL PROVISIONS

Article 1. Scope  

This Decree elaborates registration of operations of foreign non-governmental organizations in Vietnam (hereinafter referred to as “foreign non-governmental organizations”) and the responsibilities of relevant agencies and organizations for the issuance of registration certificates and management of operations of foreign non-governmental organizations in Vietnam.

Article 2. Regulated entities

1. This Decree applies to foreign non-governmental organizations that carry out development assistance and humanitarian aid activities not for profit or other purposes in Vietnam.

2. This Decree applies to relevant central agencies and organizations, the People's Committees of provinces and Vietnamese partners.

Article 3. Definitions

For the purposes of this Decree, the terms below are construed as follows:

1. “Foreign non-governmental organization” means a non-profit organization, a social fund or a private fund that is established under foreign laws with legal capital from foreign countries, conducts development assistance and humanitarian aid activities not for profit or other purposes in Vietnam and fails to make financial donations, mobilize sponsorship or raise funds from Vietnamese organizations and individuals.

2. “Vietnamese partner” means an agency or organization that is established under the law of Vietnam, has a cooperation agreement with foreign non-governmental organizations or receives aid from foreign non-governmental organizations to implement programs, projects and non-projects in Vietnam.

3. " Registration certificate" means a document certifying that a foreign non-governmental organization has registered its operations under regulations of this Decree issued by a competent authority A certificate of registration can be an operation registration certificate or a representative office registration certificate.

4. “Representative office” means a unit affiliated to a foreign non-governmental organization that is representative of a foreign non-governmental organization under its authorization.

5. “Representative or Head of Representative Office” is the official representative of a foreign non-governmental organization who is responsible to the law and state management agencies of Vietnam for operation of foreign non-governmental organization. The representative or the head of the representative office can be a foreign citizen or a Vietnamese citizen.

Article 4. Policies of the Government of Vietnam for foreign non-governmental organizations

1. Encourage and create favorable conditions for foreign non­governmental organizations to carry out humanitarian and development activities in Vietnam.

2. Ensure the lawful rights and interests of foreign non-governmental organizations.

3. Effectively manage operations of foreign non-governmental organizations in accordance with regulations of the law of Vietnam and international treaties that Vietnam is a member.

Article 5. Prohibited acts

1. Organize or carry out, sponsor, participate in religious and other activities against national interests, laws, national defense, security, social order and safety of Vietnam.

2. Organize, carry out or participate in activities for profit, not for humanitarian or development assistance.

3. Sponsor coup in other countries, terrorism organizations and activities related to terrorism.

4. Organize, carry out or participate in money laundering or activities related to money laundering

5. Organize, sponsor or participate in activities against social ethics, national fine customs and practices, national traditions, identity or great national unity

Article 6. Database on foreign non-governmental organizations

1. The database on foreign non-governmental organizations is a collection of information about foreign non-governmental organizations and their activities in order to store and share information about foreign non-governmental organizations that register operation in accordance with the law of Vietnam.

2. The database on foreign non-governmental organizations shall be connected to the National Public Service Portal and the Public Service Portal of the Ministry of Foreign Affairs, national database, the databases of ministries and ministerial-level agencies, Governmental agencies, the People's Committees of provinces in order to assist in handling of administrative procedures in registration and management of operations of foreign non-governmental organizations.

3. Information in database on foreign non-governmental organizations:

a) The information includes:

- Confirmed information when the foreign non-governmental organization registers operation in Vietnam;

- Copy or electronic copy of the application for issuance, extension, amendment or re-issuance of the Registration Certificate that has valid digital signature;

- Ad hoc and periodic reports;

- Other information (if necessary);

b) The information in database on foreign non-governmental organizations shall be confirmed from the following sources:

- Information provided by foreign non-governmental organizations in the application for issuance, extension, amendment or re-issuance of the Registration Certificate;

- Information updated on the database by a foreign non-governmental organization;

- Information provided by management authorities in Vietnam;

- Information digitized and standardized from the Registration Certificate;

- Information shared, transformed, normalized from the previously established databases.

4. Principles of establishment, update, management, extraction and use of databases on foreign non-governmental organizations:

a) The information in the database on foreign non-governmental organizations shall be fully and accurately stored; effectively extracted and used for the right purpose according to the regulations of the law of Vietnam;

b) The database on foreign non-governmental organizations shall be safely and strictly protected according to regulations of the law; comply with standards and technical regulations on information technology; ensure the compatibility, safety and transparency in the whole of the database system.

5. Management, extraction and provision of information in the database on foreign non-governmental organizations:

a) The Ministry of Foreign Affairs shall take charge of establishment and operation of the database on foreign non-governmental organizations; promulgate the Regulation on management, extraction and operation of the database on foreign non-governmental organizations and guide the implementation of online administrative procedures after the database on foreign non-governmental organizations is established and operated; issue book codes and identification accounts to competent state management agencies, the People's Committees of provinces and Standing Body of the Committee for foreign non-governmental organization affairs and foreign non-governmental organizations that have been issued registration certificates to access the database on foreign non-governmental organizations;

b) The competent state management agencies, the People's Committees of provinces, Standing body of the Committee for foreign non-governmental organization affairs and foreign non-governmental organizations that have been issued the registration certificates can access and extract the databases on foreign non-governmental organizations;

c) The Ministry of Foreign Affairs, competent state management agencies, the People's Committees of provinces, Standing Body of the Committee for foreign non-governmental organization affairs and foreign non-governmental organizations that have been issued registration certificates shall be responsible for regularly updating information in the database on foreign non-governmental organizations.

Chapter II

AUTHORITY TO ISSUE, EXTEND, AMEND, RE-ISSUE, SUSPEND AND TERMINATE ACTIVITIES AND WITHDRAW THE REGISTRATION CERTIFICATE, LOCATION AND OPERATION SECTORS OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS, TIME LIMIT OF REGISTRATION CERTIFICATE

Article 7. Authority to issue, extend, amend, re-issue, suspend and terminate activities and withdraw the registration certificate

The Ministry of Foreign Affairs is responsible for issuance, extension, amendments, re-issuance, suspension, termination and withdrawal of the registration certificate of foreign non-governmental organizations

Article 8. Location and operation sectors of foreign non-governmental organizations

1. The foreign non-governmental organizations can operate in the area and according to the sectors specified in the registration certificate.

2. The foreign non-governmental organizations can set up 01 representative office in one of three locations: Hanoi city, Da Nang city and Ho Chi Minh City.

3. The representative offices of foreign non-governmental organizations shall not located at the headquarters of agencies of the Party, State and socio-political organizations of Vietnam.

Article 9. Time limit of registration certificate

1. The operation registration certificate is valid for at most 03 years from the date of issuance. The representative office registration certificate is valid for at most 05 years from the date of issuance. The time limit of the registration certificate shall not exceed the time limit for operation registration of the foreign non-governmental organization according to the law of the place where it is established.

2. The registration certificate shall be extended with the time limit corresponding to each type. The time limit shall not exceed the time limit for operation registration of the foreign non-governmental organization according to the law of the place where it is established.

Chapter III

CONDITIONS, ORDER, PROCEDURE FOR ISSUANCE, EXTENSION, AMENDMENTS, RE-ISSUANCE OF THE REGISTRATION CERTIFICATE

Section 1. Conditions, order, procedure for issuance, extension, amendments, re-issuance of the registration certificate

Article 10. Conditions for issuance of the registration certificate

The foreign non-governmental organization will be granted the operation registration certificate if it meets the following conditions:

1. Have the legal person status under the law of the country or territory in which it is established.

2. Have clear operation charters, guidelines and purposes in conformity with Vietnam's interests and needs.

3. Have specific proposals on the expected programs, projects and non-projects to support development and humanitarian aid in Vietnam within 3 years.

4. Have a proposal for a representative in Vietnam.

Article 11. Order and procedure for issuance of the registration certificate

1. The foreign non-governmental organization shall submit 01 application for issuance of an operation registration certificate by post, in person or online to the Committee for foreign non-governmental organization affairs. The application includes:

a) 01 application for issuance of an operation registration certificate according to Form No. 03a specified in the Appendix issued together with this Decree;

b) 01 copy of the Charter and 01 copy of the proving document on the legal status of the foreign non-governmental organization;

c) 01 detailed statistics on programs, projects and non-projects that are expected to be subject to implementation in Vietnam within 03 years; d) 01 application for approval of the representative including the following documents:

- 01 Decision on appointment signed and sealed by the head of the organization;

- 01 biography of the person subject to approval for the Representative;

- 01 judicial record of the person subject to approval for the Representative, issued by the competent authority of the country which he/she is a national or the country in which he/she has permanently resided within the last 6 months;

- 01 copy of passport that is valid in case of the person subject to approval for the Representative who is a foreigner. 01 copy of passport or ID card that is valid in case of the appointee who is Vietnamese.

Documents in foreign language in the above application shall be consularly legalized, enclosed with the lawfully certified Vietnamese translation in accordance with the law of Vietnam, except for exemption from consular legalization under international treaties that Vietnam is a member or on the principle of reciprocity.

2. Within 02 working days, the Committee for foreign non-governmental organization affairs shall inspect the composition of the application of the foreign non-governmental organization according to regulations of Clause 1 of this Article and request the foreign non-governmental organization to add the application (if necessary).

3. After receipt of the application, within 2 working days, the Committee for foreign non-governmental organization affairs shall send the documents for the purpose of collection of opinions to the Ministry of Public Security, the Ministry of Planning and Investment, the Ministry of Home Affairs, the Ministry of Finance, State Bank of Vietnam, ministries and ministerial-level agencies specialized in state management in the sectors that the foreign non-governmental organization registers operation, the People's Committees of provinces where the foreign non-governmental organization registers operation and the agency that approves the receipt of aid from the foreign non-governmental organization.

4. Within 10 working days from the date of receipt of the documents from the Committee for foreign non-governmental organization affairs, the agencies subject to collection of opinions shall reply in writing.

5. Within 02 working days from the date of receipt of all opinions from the agencies, the Committee for foreign non-governmental organization affairs shall transfer the application of the foreign non-governmental organization specified in Clause 1 of this Article and opinions of relevant agencies to the Ministry of Foreign Affairs for appraisal.

6. Within 10 working days from the date of receipt of the application of the foreign non-governmental organization in Clause 1 of this Article and the opinions of relevant agencies, the Ministry of Foreign Affairs shall appraise the application, decide to issue or fail to issue the operation registration certificate and notify the results to the Committee for foreign non-governmental organization affairs. The operation registration certificate shall be issued according to Form No. 01 specified in the Appendix issued together with this Decree. The appraisal shall be carried out in the form of synthesis of written opinions or organization of appraisal conference on the following contents:

a) Legality and completeness;

b) Conformity of objectives and principles of operation of the foreign non-governmental organization for the guidelines and policies of Vietnam and specific objectives for the development of central and local authorities;

c) Legal status and the process of operation of foreign non-governmental organization;

d) Personal identity, background of the Representative;

dd) Effectiveness and impact on socio-economic development, security and social order of operations of foreign non-governmental organization.

7. Within 30 working days from the date of receipt of the application of the foreign non-governmental organization in Clause 1 of this Article, the Committee for foreign non-governmental organization affairs shall transfer the operation registration certificate to the foreign non-governmental organization by post or in person. If the application is not approved, the Committee for foreign non-governmental organization affairs shall notify in writing to clearly state the reasons.

Article 12. Order and procedure for extension of registration certificate

1. At least 60 days before the operation registration certificate expires, the foreign non-governmental organization shall submit 01 application for extension of the operation registration certificate by post, in person or online to the Committee for foreign non-governmental organization affairs. The application includes:

a) 01 application for extension of the operation registration certificate according to Form No. 03a specified in the Appendix issued together with this Decree;

b) 01 original copy of the operation registration certificate.

c) A brief report on operations of the foreign non-governmental organization that are implemented in Vietnam and the specific plan for operations that are expected to be subject to implementation in the next 3 years;

Documents in foreign language in the above application shall be enclosed with the lawfully certified Vietnamese translation in accordance with the law of Vietnam

2. The order and procedure for extension of the operation registration certificate shall comply with regulations of Clauses 2, 3, 4, 5, 6, 7 Article 11 of this Decree.

Article 13. Order, procedure for amendments and re-issuance of the registration certificate

1. The foreign non-governmental organization shall submit 01 application for amendments and re-issuance of the operation registration certificate by post, in person or online to the Committee for foreign non-governmental organization affairs. The application includes:

a) 01 application for amendments and re-issuance according to form No. 03b specified in the Appendix to this Decree. In which, the contents subject to amendments and the reasons for such re-issuance (the damaged, lost or rumpled certificate) shall be clearly stated.

b) 01 original copy of the operation registration certificate in case of request for amendments or re-issuance due to the damaged or rumpled certificate 01 copy of the operation registration certificate in case of request for amendments or re-issuance due to loss of the original copy of certificate

c) Documents relevant to the contents subject to amendments and re-issuance.

2. Within 02 working days, the Committee for foreign non-governmental organization affairs shall inspect the composition of the application of the foreign non-governmental organization according to regulations of Clause 1 of this Article and request the foreign non-governmental organization to add the application (if necessary). In case of request for re-issuance of the operation registration certificate, the Committee for foreign non-governmental organization affairs shall check the contents of the application of the foreign non-governmental organization.

3. After receipt of the application of the foreign non-governmental organizations according to regulations of Clause 1 of this Article, within 2 working days, the Committee for foreign non-governmental organization affairs shall send the documents for the purpose of collection of opinions to ministries, ministerial-level agencies, governmental agencies, the People's Committees of provinces where the foreign non-governmental organizations have registered their operations and agencies the approve the receipt of aid from the foreign non-governmental organizations relevant to the contents subject to amendments in the operation registration certificates.

4. Within 10 working days from the date of receipt of the documents from the Committee for foreign non-governmental organization affairs, the agencies subject to collection of opinions shall reply in writing.

5. Within 02 working days from the date of receipt of all opinions from the agencies, the Committee for foreign non-governmental organization affairs shall transfer the application of the foreign non-governmental organization specified in Clause 1 of this Article and opinions of relevant agencies to the Ministry of Foreign Affairs for appraisal.

6. Within 07 working days from the date of receipt of the application of the foreign non-governmental organization in Clause 1 of this Article and the opinions of relevant agencies, the Ministry of Foreign Affairs shall appraise the application, decide to amend or fail to amend, decide to re-issue or fail to re-issue the operation registration certificate and notify the results to the Committee for foreign non-governmental organization affairs. The appraisal shall be carried out in the form of synthesis of written opinions or organization of appraisal conference on the contents subject to amendments and re-issuance of the operation registration certificate. The operation registration certificate shall be amended and re-issued according to Form No. 01 specified in the Appendix issued together with this Decree.

7. Within 25 working days from the date of receipt of the application of the foreign non-governmental organization in Clause 1 of this Article, the Committee for foreign non-governmental organization affairs shall transfer the operation registration certificate that is amended, re-issued to the foreign non-governmental organization by post or in person. If the application is not approved, the Committee for foreign non-governmental organization affairs shall notify in writing to clearly state the reasons.

Section 2. CONDITIONS, ORDER, PROCEDURE FOR ISSUANCE, EXTENSION, AMENDMENTS, RE-ISSUANCE OF REPRESENTATIVE OFFICE REGISTRATION CERTIFICATE

Article 14. Conditions for issuance of representative office registration certificate

The foreign non-governmental organization will be issued the representative office registration certificate if it meets the following conditions:

1. Have the legal person status under the law of the country or territory in which it is established.

2. Have clear operation charters, guidelines and purposes in conformity with Vietnam's interests and needs.

3. Have commitment to long-term operation in Vietnam and detailed statistics on programs and projects that will be implemented in Vietnam within at least 5 years in one or more areas where the scale and nature of such programs or projects require regular, on-site operation and supervision.

4. Have proposal for the Head of Representative Office in Vietnam.

Article 15. Order, procedure for issuance of representative office registration certificate

1. The foreign non-governmental organization shall submit 01 application for issuance of the representative office registration certificate by post, in person or online to the Committee for foreign non-governmental organization affairs. The application includes:

a) 01 application for issuance of representative office registration certificate according to Form No. 03a specified in the Appendix issued together with this Decree;

b) 01 copy of the Charter and 01 copy of the proving document on the legal status of the foreign non-governmental organization;

c) Detailed statistics on programs and projects that will be implemented in Vietnam within at least 5 years in one or more areas where the scale and nature of such programs or projects require regular, on-site operation and supervision.

d) 01 detailed statistics on programs, projects and non-projects that have been implemented for 03 consecutive years before the time of submission of the application for issuance of representative office registration certificate (if any);

dd) 01 application for approval for the Head of Representative Office includes the following documents:

- 01 Decision on appointment signed and sealed by the head of the organization;

- 01 biography of the person subject to approval for the Head of Representative Office;

- 01 judicial record of the person subject to approval for the Head of Representative Office, issued by the competent authority of the country which he/she is a national or the country in which he/she has permanently resided within the last 6 months;

- 01 copy of passport that is valid in case of the person subject to approval for the Head of Representative Office who is a foreigner. 01 copy of passport or ID card that is valid in case of the person subject to approval for the Head of Representative Office who is a Vietnamese

Documents in foreign language in the above application shall be consularly legalized, enclosed with the lawfully certified Vietnamese translation in accordance with the law of Vietnam, except for exemption from consular legalization under international treaties that Vietnam is a member or on the principle of reciprocity.

2. Within 02 working days, the Committee for foreign non-governmental organization affairs shall inspect the composition of the application of the foreign non-governmental organization according to regulations of Clause 1 of this Article and request the foreign non-governmental organization to add the application (if necessary).

3. After receipt of the application of the foreign non-governmental organizations according to regulations of Clause 1 of this Article, within 2 working days, the Committee for foreign non-governmental organization affairs shall send the documents for the purpose of collection of opinions to the Ministry of Public Security, the Ministry of Planning and Investment, the Ministry of Home Affairs, the Ministry of Finance, State Bank of Vietnam, ministries and ministerial-level agencies specialized in state management in the sectors that the foreign non-governmental organization registers its operation, the People's Committees of provinces where the foreign non-governmental organization registers its operation and the headquarter of Representative Office is located, and the agencies that approve the receipt of aid from the foreign non-governmental organizations.

4. Within 10 working days from the date of receipt of the documents from the Committee for foreign non-governmental organization affairs, the agencies subject to collection of opinions shall reply in writing.

5. Within 02 working days from the date of receipt of all opinions from the agencies, the Committee for foreign non-governmental organization affairs shall transfer the application of the foreign non-governmental organizations specified in Clause 1 of this Article and opinions of relevant agencies to the Ministry of Foreign Affairs for appraisal.

6. Within 10 working days from the date of receipt of the application of the foreign non-governmental organization in Clause 1 of this Article and the opinions of relevant agencies, the Ministry of Foreign Affairs shall appraise the application, decide to issue or fail to issue the representative office registration certificate and notify the results to the Committee for foreign non-governmental organization affairs. The form of representative office registration certificate shall be issued according to Form No. 02 specified in the Appendix issued together with this Decree. The appraisal shall be carried out in the form of synthesis of written opinions or organization of appraisal conference on the following contents:

a) Legality and completeness;

b) Conformity of objectives and principles of operation of the foreign non-governmental organization for the guidelines and policies of Vietnam and specific objectives for the development of central and local authorities;

c) Legal status and the process of operation of foreign non-governmental organization;

d) Personal identity, background of the Head of Representative Office;

dd) Effectiveness and impact on socio-economic development, security and social order of operations of foreign non-governmental organizations.

7. Within 30 working days from the date of receipt of the valid application of the foreign non-governmental organization specified in Clause 1 of this Article, the Committee for foreign non-governmental organization affairs shall transfer the representative office registration certificate to the foreign non-governmental organization by post or in person. If the application is not approved, the Committee for foreign non-governmental organization affairs shall notify in writing to clearly state the reasons.

Article 16. Order, procedure for extension of representative office registration certificate

1. At least 60 days before the representative office registration certificate expires, the foreign non-governmental organization shall submit 01 application for extension of the representative office registration certificate by post, in person or online to the Committee for foreign non-governmental organization affairs. The application includes:

a) 01 application for extension of representative office registration certificate according to Form No. 03a specified in the Appendix issued together with this Decree;

b) 01 original copy of representative office registration certificate;

c) A brief report on operations of the foreign non-governmental organization that are implemented in Vietnam in the time on which the representative office registration certificate has been issued and the specific plan for operations in the next 5 years;

Documents in foreign language in the above application shall be enclosed with the lawfully certified Vietnamese translation in accordance with the law of Vietnam

2. The order and procedure for extension of the representative office registration certificate shall comply with regulations of Clauses 2, 3, 4, 5, 6, 7 Article 15 of this Decree.

Article 17. Order, procedure for amendments and re-issuance of representative office registration certificate 

1. The foreign non-governmental organization shall submit 01 application for amendments and re-issuance of the representative office registration certificate by post, in person or online to the Committee for foreign non-governmental organization affairs. The application includes:

a) 01 application for amendments and re-issuance according to form No. 03b specified in the Appendix to this Decree. In which, the contents subject to amendments and the reasons for such re-issuance (the lost, damaged or rumpled certificate) shall be clearly stated.

b) 01 original copy of the representative office registration certificate in case of request for amendments or re-issuance of the certificate due to the damaged or rumpled certificate. 01 copy of the representative office registration certificate in case of request for re-issuance due to loss of the original copy of certificate

c) Documents relevant to the contents subject to amendments and re-issuance.

2. Within 02 working days, the Committee for foreign non-governmental organization affairs shall inspect the composition of the application of the foreign non-governmental organization according to regulations of Clause 1 of this Article and request the foreign non-governmental organization to add the application (if necessary). In case of request for re-issuance of the representative office registration certificate, the Committee for foreign non-governmental organization affairs shall check the contents of the application of the foreign non-governmental organization.

3. After receipt of the application of the foreign non-governmental organizations according to regulations of Clause 1 of this Article, within 2 working days, the Committee for foreign non-governmental organization affairs shall send the documents for the purpose of collection of opinions to ministries, ministerial-level agencies, governmental agencies relevant to the contents subject amendments, the People's Committees of provinces where the foreign non-governmental organizations have registered their operations and the headquarters of representative offices are located (in case of change of the headquarters of representative offices), and agencies the approve the receipt of aid from the foreign non-governmental organizations relevant to the contents subject to amendments in the representative office registration certificate.

4. Within 10 working days from the date of receipt of the documents from the Committee for foreign non-governmental organization affairs, the agencies subject to collection of opinions shall reply in writing.

5. The Committee for foreign non-governmental organization affairs shall transfer the application of the foreign non-governmental organizations specified in Clause 1 of this Article and opinions of relevant agencies to the Ministry of Foreign Affairs for appraisal.

6. Within 07 working days from the date of receipt of the application of the foreign non-governmental organization in Clause 1 of this Article and the opinions of relevant agencies, the Ministry of Foreign Affairs shall appraise the application, decide to amend or fail to amend, decide to re-issue or fail to re-issue representative office registration certificate and notify the results to the Committee for foreign non-governmental organization affairs. The appraisal shall be carried out in the form of synthesis of written opinions or organization of appraisal conference on the contents subject to amendments and re-issuance of the operation registration certificate. The representative office registration certificate shall be amended and re-issued according to Form No. 02 specified in the Appendix issued together with this Decree.

7. Within 25 working days from the date of receipt of the valid application of the foreign non-governmental organization specified in Clause 1 of this Article, the Committee for foreign non-governmental organization affairs shall transfer the representative office registration certificate that is amended, re-issued to the foreign non-governmental organization by post or in person. If the application is not approved, the Committee for foreign non-governmental organization affairs shall notify in writing to clearly state the reasons.

Chapter IV

SUSPENSION AND TERMINATION OF OPERATIONS AND WITHDRAWAL OF THE REGISTRATION CERTIFICATES OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS

Article 18. Suspension of operations

1. The foreign non-governmental organizations shall be suspended from operation in the following cases:

a) Continue to operate when the registration certificate expires;

b) Fail to operate in the sectors or areas specified in the registration certificate;

c) Use or notify information on transaction account that is not the registered transaction account.

2. If the foreign non-governmental organization commits violations against the law or at the request of the competent state agency, the Ministry of Foreign Affairs shall consider and issue a decision to suspension of the operations of the foreign non-governmental organization according to opinions of relevant state management agencies. The opinions shall be collected in the form of organization of meetings or submission of documents for the purpose of collection of opinions of relevant state management agencies. If the Ministry of Foreign Affairs collects opinions in writing, within 10 working days from the date of receipt of the documents from the Ministry of Foreign Affairs, the agencies subject to collection of opinions shall reply in writing to the Ministry of Foreign Affairs for synthesis and decision. If there are different opinions between agencies, the Ministry of Foreign Affairs will hold a meeting in order to reach consensus. The Decision on suspension of operations shall be transferred to the Committee for foreign non-governmental organization affairs for notification to the foreign non-governmental organization.

3. Within 5 working days from the date of issuance of the decision on suspension of operations, the Committee for foreign non-governmental organization affairs shall notify to the foreign non-governmental organization.

4. Within 30 working days from the date of receipt of the decision on suspension of operations, the foreign non-governmental organization shall remedy the violations mentioned in the decision on suspension of operations and notify the result of remedy to the Committee for foreign non-governmental organization affairs.

Article 19. Termination

1. The foreign non-governmental organizations shall terminate operations and the registration certificate of which shall be withdrawn in the following cases:

a) Commit one of violations specified in Article 5 of this Decree;

b) Fail to operate for 12 consecutive months after issuance of the registration certificate;

c) Fail to remedy violations mentioned in the decision on suspension of operations specified in Clause 4, Article 18 of this Decree.

2. If the foreign non-governmental organization commits violations against the law or at the request of the competent state agency, the Ministry of Foreign Affairs shall consider and issue a decision to termination of the operations and withdrawal of registration certificate of the foreign non-governmental organization according to opinions of relevant state management agencies. The opinions shall be collected in the form of organization of meetings or submission of documents for the purpose of collection of opinions. If the Ministry of Foreign Affairs collects opinions in writing, within 10 working days from the date of receipt of the documents from the Ministry of Foreign Affairs, the agencies subject to collection of opinions shall reply in writing to the Ministry of Foreign Affairs for synthesis and issuance of decision. If there are different opinions between the agencies, the Ministry of Foreign Affairs shall hold a meeting to reach consensus. The decision on termination of the operations and withdrawal of the registration certificate of the foreign non-governmental organization shall be transferred to the Committee for foreign non-governmental organization affairs for notification to foreign non-governmental organization.

3. Within 5 working days from the date of issuance of the decision on termination of operations and withdrawal of registration certificate, the Committee for foreign non-governmental organization affairs shall notify request for termination of operations to the foreign non-governmental organization and withdraw the registration certificate.

4. Within 60 working days from the date of receipt of the decision on termination of operations and withdrawal of registration certificate, the foreign non-governmental organization shall resolve issues relevant to headquarters, houses, employees, equipment for working, financial obligations (if any) and issues relevant to such organizations and individuals according to regulations of the law of Vietnam.

5. If the foreign non-governmental organization decides to terminate its operation, within 60 days before official termination of its operation, the foreign non-governmental organization shall notify in writing the Ministry of Foreign Affairs and the Committee for foreign non-governmental organization affairs, send the issued registration certificate, report on asset and financial audit to such authorities and fulfill relevant obligations in accordance with the law of Vietnam.

Chapter V

RIGHTS AND OBLIGATIONS OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS.

Article 20. Rights

1. Enjoy benefits, incentives to tax, import of goods and work permits in accordance with the law of Vietnam.

2. Open and use payment account in Vietnamese dong or a foreign currency at a commercial bank or a branch of foreign bank that is licensed to operate in Vietnam in order to serve the purposes of implementation of programs, projects and non-projects on development assistance and humanitarian aid in accordance with the law of Vietnam.

3. Receive foreign currency or Vietnamese dong via the account in accordance with regulations of the law of Vietnam.

4. Transfer foreign currency to foreign countries in order to serve development assistance and humanitarian aid in accordance with the law of Vietnam.

5. Receive commendation for achievements in effective implementation of programs and projects in Vietnam in accordance with the law of Vietnam.

6. Have self-termination if the foreign non-governmental organizations do not have demands for operation in Vietnam

Article 21. Obligations

1. Register and operate according to regulations of the law of Vietnam. The violations of foreign non-governmental organizations will be handled in accordance with regulations of the law of Vietnam.

2. Cooperate with Vietnamese partners in implementation of operations according to the registered areas and sectors specified in the registration certificate.

3. Within 10 working days from the date of receipt of the registration certificate, the foreign non-governmental organization shall notify opening, use or change of transaction account in Vietnam.

4. Within 45 working days from the date of receipt of the registration certificate that has issued, extended or amended, the foreign non-governmental organization shall notify the plan for operation to the People's Committee of province where the foreign non-governmental organization operates or is expected to operate.

5. Make annual and ad hoc reports on operations according to request, send them to the Ministry of Foreign Affairs, the Ministry of Planning and Investment, ministries that have the function of state management of operations of foreign non-governmental organizations according to industries and sectors and the Working Committee on foreign non-governmental organizations by post, in person or by online The reports shall be made according to Form No. 05 specified in the Appendix issued together with this Decree. The deadline for submission of reports is the 18th of the last month of the reporting period. The reported data shall be calculated from December 15 of the preceding year of the reporting period to December 14 of the reporting period.

6. Update information of foreign non-governmental organizations on the database of foreign non-governmental organizations within 10 days from the date of change.

Chapter VI

RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES, RELEVANT AGENCIES AND ORGANIZATIONS

Section 1. RESPONSIBILITIES OF STATE MANAGEMENT AGENCIES

Article 22. Responsibility of the Ministry of Foreign Affairs

1. Advise and provide foreign guidelines and policies for foreign non-governmental organizations for the Government and the Prime Minister

2. Take charge of the draft and submission to competent agencies for promulgation or promulgation under its competence of legal documents relevant to registration and management of operations of foreign non-governmental organizations.

3. Take charge of appraisal, issuance, extension, amendments, re-issuance of registration certificates, suspension, termination of operations and withdrawal of registration certificates of foreign non-governmental organizations.

4. Inspect and examine the compliance with regulations on registration and management of operations of foreign non-governmental organizations that fall within the scope of this Decree.

5. Monitor, urge the conclusion of inspection and examination and request ministries, ministerial-level agencies and governmental agencies to handle violations in accordance with the law of Vietnam.

6. Handle complaints and denunciations in accordance with the law of Vietnam

7. Establish and operate database on foreign non-governmental organizations

8. Make annual and ad hoc reports and submit them to the Prime Minister according to request for registration and management of operations of foreign non-governmental organizations, connection and sharing of data via the Government Reporting Information System and the Information and Operation Center of the Government and the Prime Minister. The reports shall be made according to Form No. 06 specified in the Appendix issued together with this Decree. The deadline for submission of periodic reports is the 25th of the last month of the reporting period. The reported data shall be calculated from December 15 of the preceding year of the reporting period to December 14 of the reporting period.

9. Perform other tasks relevant to the registration and management of operations of foreign non-governmental organizations assigned by the Government or the Prime Minister.

10. Submit to the Prime Minister for promulgation of Decision on improvement of the Committee for foreign non-governmental organization affairs in accordance with regulations of this Decree.

Article 23. Responsibilities of ministries, ministerial-level agencies, Governmental agencies, 

1. General responsibilities:

a) Cooperate in appraisal of application for issuance, extension, amendments, re-issuance and suspension, termination of operations and withdrawal of registration certificates of foreign non-governmental organizations according to request;

b) Guide and manage the operations of foreign non-governmental organizations that operate in industries and sectors under the state management of ministries, ministerial-level agencies and Governmental agencies;

c) Cooperate in inspection, examination and handling of violations of foreign non-governmental organizations in the sectors under their management and in accordance with the law of Vietnam;

d) Cooperate in establishment and operation of database on foreign non-governmental organizations

dd) Share information with the People's Committees of provinces where the programs and projects of foreign non-governmental organizations have been implemented;

e) Assign a unit under their management to take charge of management of operations of foreign non-governmental organizations according to the assigned tasks and functions;

g) Take responsibility for the organization and operations of domestic non-governmental organizations that have been issued operation registration certificates or business licenses by such agencies in accordance with specialized laws in cooperation with foreign non-governmental organizations

h) Make annual and ad hoc reports according to request, send them to the Ministry of Foreign Affairs and the Committee for foreign non-governmental organization affairs by post, in person or by online for synthesis of reports and submission of them to the Prime Minister The reports shall be made according to Form No. 04 specified in the Appendix issued together with this Decree. The deadline for submission of reports is the 18^th of the last month of the reporting period. The reported data shall be calculated from December 15 of the preceding year of the reporting period to December 14 of the reporting period.

2. Specific responsibilities:

a) The Ministry of Public Security shall prevent and fight against illegal operations of foreign non-governmental organizations and perform the state management of security and order for foreign non-governmental organizations; cooperate with the Ministry of Foreign Affairs in protection and storage of information in the database of foreign non-governmental organizations;

b) The Ministry of Planning and Investment shall manage and guide the use of aid from foreign non-governmental organizations;

c) The Ministry of Home Affairs shall be responsible for the organization and operations of domestic associations, social funds, charity funds and religious organizations that cooperate with foreign non-governmental organizations;

d) The Ministry of Finance shall be responsible for financial state management of foreign non-governmental aid under the state budget revenue and guidance on financial management of foreign non-governmental aid that falls outside the state budget revenue;

dd) The State Bank of Vietnam shall be responsible for state management in the sectors including banking, microfinance, anti-money laundering, support for terrorism relevant to aid of foreign non-governmental organizations.

Article 24. Responsibilities of the People’s Committees of provinces 

1. Guide and manage the operations of foreign non-governmental organizations in the local areas.

2. Cooperate in appraisal of application for issuance, extension, amendments, re-issuance and suspension, termination of operations and withdrawal of registration certificates of foreign non-governmental organizations according to request;

3. Cooperate in inspection, examination and handling of violations of foreign non-governmental organizations in the local areas and in accordance with the law of Vietnam;

4. Cooperate in establishment and operation of database on foreign non-governmental organizations

5. Assign the foreign affairs advisory agency to take charge of advising and managing the operations of foreign non-governmental organizations.

6. h) Make annual and ad hoc reports according to request, send them to the Ministry of Foreign Affairs and the Committee for foreign non-governmental organization affairs by post, in person or by online for synthesis of reports and submission of them to the Prime Minister. The reports shall be made according to Form No. 04 specified in the Appendix issued together with this Decree. The deadline for submission of reports is the 18th of the last month of the reporting period. The reported data shall be calculated from December 15 of the preceding year of the reporting period to December 14 of the reporting period

Section 2. RESPONSIBILITIES OF RELEVANT UNITS, ORGANIZATIONS

Article 25. Responsibility of the Committee for foreign non-governmental organization affairs

The Committee for foreign non-governmental organizations affairs is an inter-sectoral cooperation mechanism whose Standing Body is the Vietnam Union of Friendship Organizations, which performs the following tasks:

1. Research and provide directions and measures to solve important and interdisciplinary issues relevant to the works of foreign non-governmental organizations for the Prime Minister.

2. Cooperate between ministries, ministerial-level agencies and governmental agencies in handling of problems relevant to the works of foreign non-governmental organizations.

3. Contribute ideas about legal documents on foreign non-governmental organizations.

4. Receive application, collect opinions of relevant central and local authorities, give opinions about application for issuance, extension, amendments and re-issuance of registration certificates of foreign non-governmental organizations in order to transfer the Ministry of Foreign Affairs for appraisal and notify the results to foreign non-governmental organizations.

5. Cooperate in inspection, examination and handling of violations of foreign non-governmental organizations in accordance with the law of Vietnam; receive and notify foreign non-governmental organizations of the Decision on suspension of operation, Decision on termination of operation; withdraw the registration certificates of foreign non-governmental organizations.

6. Cooperate in establishment and operation of database on foreign non-governmental organizations

7. Notify operations, sectors and areas of operation of foreign non-governmental organizations to relevant ministries, ministerial-level agencies, Governmental agencies, the People's Committees of provinces.

8. Disseminate and provide information about foreign non-governmental operations for Vietnamese partners and foreign non-governmental organizations.

9. Make annual and ad hoc reports and submit them to the Prime Minister according to request for foreign non-governmental work, connection and sharing of data via the Government Reporting Information System and the Information Center and direction of the Government and the Prime Minister. The reports shall be made according to Form No. 07 specified in the Appendix issued together with this Decree. The deadline for submission of periodic reports is the 25th of the last month of the reporting period. The reported data shall be calculated from December 15 of the preceding year of the reporting period to December 14 of the reporting period.

10. Perform other tasks relevant to the works of foreign non-governmental organizations assigned by the Prime Minister.

Article 26. Responsibilities of Vietnamese partners

Carry out cooperation activities with foreign non-governmental organizations in accordance with the contents specified in the registration certificates issued by the foreign non-governmental organizations and according to regulations of the law of Vietnam.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 27. Entry into force

This Decree takes effect from November 01, 2022 and replaces Decree No. 12/2012/ND-CP dated March 01, 2012 of the Government on registration and management of operations of foreign non-governmental organizations.

Article 28. Transitional clauses

1. From the effective date of this Decree, the registration certificates that have been issued under the Government's Decree No. 12/2012/ND-CP dated March 1, 2012 on registration and management of operations of foreign non-governmental organizations shall be valid until the certificates expire.

2. The project office registration certificate that has been issued according to regulations of Decree No. 12/2012/ND-CP dated March 1, 2012 of the Government on registration and management of operations of foreign non-governmental organizations shall be amended and re-issued according to regulations of the above Decree until the certificate expires. After that, the project office registration certificate shall be considered for change to the operation registration certificate or representative office registration certificate according to regulations of this Decree.

Article 29. Responsibility of implementation

1. The Ministry of Foreign Affairs shall be responsible for guidance and inspection of the implementation of this Decree.

2. The Ministers, heads of the ministerial-level agencies, heads of the governmental agencies, the Chairman of the Committee for foreign non-governmental organization affairs, the Presidents of the People's Committees of provinces, the President of Vietnam Union of Friendship Organizations, heads of relevant units shall be responsible for the implementation of this Decree.

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