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.
Tìm kiếm
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 (Bản Word)
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 (Bản Pdf)