Chapter IV
ASSETS AND FINANCES OF FUNDS
Article 34. Assets and finances of funds
1. A fund’s assets and finances include:
a) Vietnam dong and assets converted into Vietnam dong (including objects, foreign currencies, financial instruments, property rights and assets of other types) contributed by organizations and individuals to the fund. Individuals and organizations that have contributed their assets to the fund will no longer own and take civil liability for such assets. Assets which are working offices, equipment, technologies or property rights must be valued by a duly established valuation organization in accordance with law regulations;
b) Revenues from its assets and finances;
c) Other lawful assets and finances.
2. A fund’s assets and finances shall be used to assure its initial operations and spent on tasks in accordance with its charter and law regulations.
3. Vietnam dong, foreign currency and gold converted into Vietnam dong shall be contributed to the fund via its bank account, unless otherwise prescribed by law.
Article 35. Revenues of funds
1. Voluntary contributions and lawful donations of domestic and overseas organizations and individuals as prescribed by law. A fund’s revenues do not include assets of its founding members as prescribed in Clause 1 Article 14 hereof.
2. Revenues from provision of services or other activities as prescribed by law.
3. Funds from state budget (if any) for:
a) performance of tasks assigned by regulatory authorities;
b) provision of public services and implementation of scientific research schemes, target programs and projects ordered by the State.
4. Interests on deposits and government bonds.
5. Other lawful revenues (if any).
Article 36. Use of funds
A fund shall be used to:
1. Finance programs and projects of humanitarian and charity purposes, for promoting the development of culture, education, healthcare, sports and science or for other social purposes for community development as defined in its charter; Provide funding under the authorization of organizations and individuals and implement targeted funding projects according to law regulations; Provide funding to organizations and individuals in conformity with its objectives.
2. The mobilization, receipt, distribution and use of voluntary contributions to support people in remedying difficulties caused by disasters, conflagrations or serious incidents and fatal patients shall comply with the Government’s regulations on mobilization, receipt, distribution and use of voluntary contributions to support people in remedying difficulties caused by disasters, conflagrations or serious incidents and fatal patients.
3. The receipt and use of donations from foreign non-governmental organizations shall comply with the Government’s Regulation on receipt and use of donations from foreign non-governmental organizations and relevant legislative documents.
4. Pay costs of provision of public services and implementation of scientific research schemes, target programs and projects ordered by the State or performance of other tasks assigned by regulatory authorities.
5. Cover the fund’s management expenses.
6. The fund’s idle money (excluding funds derived from state budget, if any) shall be used to purchase government bonds or make savings deposit.
7. Cover costs of provision of other services or performance of other activities.
Article 37. Fund management expenses
1. Fund management expenses include:
a) Payment of salaries and allowances for fund managerial staffs;
b) Payment of social insurance, unemployment insurance, health insurance or other compulsory contributions as prescribed by law;
c) Payment of rental of working offices (if any);
d) Procurement and repair of office supplies and assets serving the fund’s operations;
dd) Payment for public services serving the fund’s operations;
e) Payment of working-trip allowances for those engaged in the mobilization, receipt, transportation and distribution of relief money and goods;
g) Payment for operations related to the performance of general tasks in the process of mobilization, receipt, transportation or distribution of relief money and goods (money for hiring warehouses and storing yards; goods packaging and transportation expenses; money transfer expenses; expenses related to the distribution of relief money and goods);
h) Other expenses related to the fund’s operations.
2. Levels of fund’s management expenses:
a) The Fund Management Council shall specify the rate of fund management expenses which, however, must not exceed 5% of the fund’s total annual revenues (excluding financial assistance in kind, the State’s financial assistance for the provision of public services and implementation of scientific research schemes and target programs and projects ordered by the State);
b) In case total demands for fund management expenses exceed 5% of the fund’s total annual revenues, the Fund Management Council shall specify a spending level which shall not exceed 10% of the fund’s total annual revenues;
c) By the end of year, fund management expenses which are not spent up may be carried forward to the subsequent year for further use in accordance with law regulations.
Article 38. Financial and asset management of a fund
1. The Fund Management Council shall issue regulations on the management and use of the fund’s assets and finances and its spending levels; approve the rate of fund management expenses and financial plans and consider and approve the fund’s annual financial statements.
2. The Fund Control Board shall inspect and supervise the fund’s operations and report and make recommendations on the fund’s assets and finances to the Fund Management Board.
3. The fund director shall comply with regulations on management and use of the fund’s assets, finances, revenues and spending levels according to the Fund Management Board’s resolutions on the basis of tasks and operations already approved by the Fund Management Board; and may not use the fund’s assets and finances for operations different from the fund’s objectives.
4. The Fund Management Council and the fund director shall quarterly and annually make public the fund’s assets and finances. The following information shall be made public:
a) List of contributors and donors and their amounts of contributions and donations in cash and in kind to the fund;
b) List of beneficiaries and their received money and objects; information on use and revenue and expenditure statement of every contribution;
c) Make reports on the fund’s assets and finances and the fund’s quarterly and annual statements specifying every revenue and expenditure item in accordance with the law on accounting and its guiding documents.
5. Reports on expenditure items for each fundraising campaign shall be made according to current regulations on mobilization, receipt, distribution and use of voluntary contributions to support people in remedying difficulties caused by disasters or conflagrations and fatal patients.
6. Funds shall publicize their annual financial statements, finalization reports and auditor’s opinions (if any) on means of mass media according to current regulations.
Tìm kiếm
Nghị định 93/2019/NĐ-CP (Bản Word)
Nghị định 93/2019/NĐ-CP (Bản Pdf)