Chương I Nghị định 93/2019/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree deals with organization, operation and state management of social and charity funds (hereinafter referred to as “funds") which are duly established and operate in Vietnam.

Article 2. Regulated entities

This Decree applies to Vietnamese citizens and organizations and concerned foreign citizens and organizations.

Article 3. Organization and operation objectives of funds

A fund is organized and operates on a not-for-profit basis with the aims of supporting and promoting the development of culture, education, healthcare, sports, science, technology, and charitable and humanitarian activities as well as for community development purposes.

Article 4. Definitions

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

1. “fund” means a non-governmental organization that is established from certain assets voluntarily donated by individuals or organizations or established under a testament or through a donation, has the organization and operation objectives as defined in Article 3 hereof, and is granted an establishment license and has its charter acknowledged by a competent authority.

2. “social fund” means a fund that is organized and operates on a not-for-profit basis with the aims of supporting and promoting the development of culture, education, healthcare, sports and science as well as for agricultural and rural development purposes.

3. “charity fund” means a fund that is organized and operates on a not-for-profit basis with the aims of supporting the remedy of difficulties caused by disasters, conflagrations, epidemics or accidents and other disadvantaged persons in need of social assistance.

4. “not-for-profit” means a situation where any profits earned in the operation process shall not be shared but used for operations of the fund according to its acknowledged charter.

5. “assets” include objects, cash, financial instruments and property rights as defined in the Civil Code.

6. “asset contribution” means the transfer of the lawful ownership of an asset from an individual or organization to a fund in the form of contract, donation or testament of the asset owner or in other forms as regulated by law. Such asset will become the fund’s asset and be used for the objectives defined in Article 3 hereof.

Article 5. Principles of organization and operation of funds

1. Funds are established and operate for not-for-profit purposes.

2. They are organized and operate on the voluntariness and self-financing basis and shall take responsibility before law with their assets.

3. They are organized and operate according to their charters acknowledged by competent authorities and relevant laws.

4. They shall make public their organization and operations as well as all their revenues, expenditures, finances and assets.

5. Their assets shall not be divided.

Article 6. State policies towards funds

1. The State creates favorable conditions for funds to operate according to their charters and relevant laws.

2. The State provides funding for their performance of tasks assigned by the State.

3. Organizations' and individuals’ asset contribution to funds is entitled to preferential treatments as prescribed by law.

Article 7. Funds’ legal status, seals, accounts, names, logos and head offices

1. A fund has the legal status and its own seal and account as prescribed by law.

2. A fund may select its name and logo. The selected name and logo must satisfy the following conditions:

a) they must be neither identical nor confusing with previously registered names and logos of other funds;

b) they must not contravene historical and cultural traditions as well as ethics and national fine customs;

c) The fund's name must be in Vietnamese and may be translated into foreign languages in accordance with law regulations.

3. A fund’s transaction office must be located at a specific address in the territory of Vietnam. Its legality must be supported by documentary evidences.

Article 8. Powers and obligations of funds

1. Funds’ powers:

A fund is allowed to:

a) be organized and operate according to its charter acknowledged by a competent authority and relevant laws;

b) mobilize donations for its operations and receive assets donated or otherwise presented by domestic and overseas individuals and organizations according to its objectives and law regulations; organize activities under law to preserve and develop its assets;

c) set up affiliated legal entities in accordance with law regulations;

d) file complaints in accordance with law regulations;

dd) cooperate with individuals and organizations to mobilize donations or raise funds for its operations or for its specific projects as prescribed by law; and

e) cooperate with local governments, organizations and individuals in need of support so as to elaborate and implement funding programs according to its objectives.

2. Funds’ obligations:
A fund is obliged to:

a) bear the state management by competent authorities managing its operation fields/sectors, and only mobilize and receive donations within its scope of operation defined in its charter;

b) provide funding under donor’s authorization as well as its objectives;

c) annually set aside at least 5% of its total assets to finance programs or projects relevant to its operation objectives, if a fund is established from donated assets or under an authorization contract or a testament, and neither conducts fundraising nor receives donations;

d) keep sufficient documents/papers concerning its assets and finances as well as resolutions and records on its operations and provide them to competent authorities in accordance with law regulations;

dd) economically and efficiently use its assets and finances according to its objectives; pay taxes, fees and charges and comply with accounting, audit and statistical regulations; carry out registration of taxpayer identification number and tax declaration in accordance with the law on taxation;

e) bear the inspection, examination and supervision of competent authorities, donors and the community in accordance with law regulations; resolve internal complaints and denunciations and submit reports thereof to competent authorities;

g) annually make public all received contributions through means of mass media by March 31;

h) report in writing on changes in its head office or director to the competent authority that has licensed its establishment;

i) submit annual reports on its organization, operation and finances to the competent authority that has granted its establishment license and acknowledged its charter, the finance authority of the same level with this licensing authority, competent authorities managing its operation fields/sectors and the People’s Committee of province where its head office is located by December 31;

k) make announcement of its establishment as prescribed in Article 22 hereof; and

l) abide by competent authorities’ decisions on its organization and operation, and fulfill other obligations according to its charter and relevant laws.

Article 9. Prohibited acts

Abusing the establishment and operations of a fund to:

1. Damage the prestige of the State, competent authorities, organizations, individuals or community; harm national interests, security, defense and national unity;

2. Contravene social morality, fine customs, practices, traditions, national characters, beliefs or religions;

3. Commit self-seeking activities or financial frauds during the establishment and operation of the fund;

4. Launder money, finance terrorism or commit other illegal acts;

5. Falsify, erase, transfer, lease, lend, mortgage or pledge the fund establishment license in any forms; or

6. Use funding from state budget to make asset contribution to the fund or use or support the contribution of assets derived from or acquired with funding from state budget to the fund.