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

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.