Chương VI Nghị định 93/2019/NĐ-CP: Quản lý nhà nước đối với quỹ

Chapter VI

STATE MANAGEMENT OF FUNDS

Article 45. Responsibilities of Ministry of Home Affairs

1. Formulate and propose competent authorities for promulgation or promulgate according to its competence legislative documents on funds.

2. Provide guidance for ministries, ministerial agencies, Governmental agencies, and People's Committees of central-affiliated cities and provinces on the implementation of the law on funds.

3. Exercise its powers as defined in Clause 1 Article 18 hereof; consult in writing ministries and ministerial agencies in charge of funds’ main operation fields/sectors when settling fund-related procedures under the competence of the Minister of Home Affairs.

4. Take charge and cooperate with ministries and ministerial agencies in performing state management of organization and operation of funds.

5. Commend and reward or propose competent authorities to commend and reward funds according to law regulations.

6. Inspect, examine and supervise the organization and operation of funds.

7. Handle complaints and denunciations and take actions against violations within the ambit of its assigned functions and duties in accordance with the law on complaints and denunciations.

8. Make and submit consolidated reports on organization and operation of funds to the Prime Minister.

9. Promulgate and provide guidance on forms of decisions, model charter and forms and documents related to funds, and minutes of meeting on election of members of fund founding boards.

Article 46. Responsibility of Ministry of Finance

1. Provide guidance on accounting of social and charity funds in accordance with the law on accounting.

2. Take charge and cooperate with the Ministry of Home Affairs in inspecting, examining and supervising funds’ financial operations and compliance with law regulations on taxation; settling finance-related complaints and denunciations, and handling finance-related violations of, funds licensed by the Ministry of Home Affairs.

Article 47. Responsibilities of ministries and ministerial agencies for funds operating in the fields/sectors under their management

1. Give to the Ministry of Home Affairs written opinions on consulted matters concerning funds operating in the fields/sectors under their management according to Clause 3 Article 45 hereof within 15 business days from the receipt of written request for opinions.

2. Handle complaints and denunciations and take actions against violations committed by funds within the ambit of their assigned functions and duties in accordance with the law on complaints and denunciations. Instruct and create conditions for funds to participate in activities in the fields/sectors under their management according to law regulations.

3. Inspect funds in their observance of relevant state management regulations, handle or propose competent authorities to handle their violations according to law regulations.

4. Commend and reward or propose competent authorities to commend and reward funds operating in the fields/sectors under their management according to law regulations on emulation, commendation and rewarding.

5. Notify in writing to the Ministry of Home Affairs of their decisions to assign funds to participate in activities in the fields/sectors under their management and provide funding support to funds, for funds licensed by the Ministry of Home Affairs.

Article 48. Responsibilities of provincial-level People’s Committees

1. Responsibilities of provincial-level People’s Committees towards funds they have issued establishment licenses:

a) Performance state management of the organization and operation of funds under Clause 2 Article 18 hereof;

b) Manage, inspect, examine and supervise the observance of law regulations and funds’ charters by funds operating in their provinces;

c) Settle complaints and denunciations and take actions against violations committed by funds; commend and reward or propose competent authorities to commend and reward funds operating in their provinces;

d) Consider providing support to funds operating in their provinces;

dd) Consider and permit funds operating in their provinces to receive donations from domestic and overseas organizations and individuals according to law regulations;

e) Instruct and guide provincial-level departments/agencies, district- and commune-level People’s Committees in managing funds;

g) Prepare and submit annual consolidated reports to the Ministry of Home Affairs and the Ministry of Finance on the organization, operation and management of funds in their provinces.

2. Responsibilities of provincial-level People’s Committees towards funds which are licensed by the Ministry of Home Affairs and operate in their provinces: Perform state management in inspecting, examining and handling violations, and submit annual reports on the operation of these funds to the Ministry of Home Affairs in accordance with law regulations.