Who has authority to issue licenses for charity funds in Vietnam? Do charity funds have legal status in Vietnam?
Who has authority to issue licenses for charity funds in Vietnam? Do charity funds have legal status in Vietnam? I want to set up a charity fund but I don't know if the charity fund has legal status? Who has authority to issue licenses?
1. Who has authority to issue licenses for charity funds in Vietnam?
Pursuant to Article 18 of Decree 93/2019/ND-CP stipulating authority to settle fund-related procedures as follows:
1. The Minister of Home Affairs is competent to issue establishment licenses and written acknowledgements of charters; give approval for consolidation, merger, full/partial division, dissolution or renaming of funds; suspend the operation of funds for fixed periods; give approval for the resumption of operation of funds after fixed-period suspension; certify funds’ eligibility for operation; certify members of funds’ Management Councils; give approval for modification of or re-issue establishment licenses; give approval for expansion of operation scope and development/conversion of funds; revocation of establishment licenses with regard to:
a) Funds operating nationwide or in more than one province;
b) Funds established with asset contribution by foreign and Vietnamese citizens and organizations and operating within a province.
2. Chairpersons of provincial-level People’s Committees are competent to:
a) issue establishment licenses and written acknowledgements of charters; give approval for consolidation, merger, full/partial division, dissolution or renaming of funds; suspend the operation of funds for fixed periods; give approval for the resumption of operation of funds after fixed-period suspension; certify funds’ eligibility for operation; certify members of funds’ Management Councils; give approval for modification of or re-issue establishment licenses; give approval for expansion of operation scope and development/conversion of funds; and revocation of establishment licenses of funds operating within a province;
b) Funds established with asset contribution by foreign and Vietnamese citizens and organizations and operating within a district or commune.
Thus, according to current regulations, in case the fund operating within a province, the authority will be vested in the provincial-level People’s Committees. In the case of funds operating nationwide or in more than one province, the authority is the Minister of Home Affairs in Vietnam.
2. Do charity funds have legal status in Vietnam?
According to Article 7 of Decree 93/2019/ND-CP stipulating funds’ legal status, seals, accounts, names, logos and head offices as follows:
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.
According to this Article, the fund has its own legal status, seals, accounts in accordance with the law in Vietnam.
Best Regards!
