Chương VI: 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 Trách nhiệm của các cơ quan quản lý nhà nước, các cơ quan và tổ chức liên quan

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.