Circular 02: Conditions for establishment of social funds and charity funds in Vietnam

According to Circular No. 02/2013/TT-BNV of the Ministry of Home Affairs of Vietnam, founding members of fund establishment in case where they are subjects under management of competent agencies, must have written consent of competent agencies in accordance with regulation on decentralization in officer management before submitting to state management agencies as prescribed in Article 16 of Decree No. 30/2012/ND-CP of Vietnam’s Government for granting establishment permit and recognizing the fund’s charter.

Circular No. 02/2013/TT-BNV also stipulates that personnel who are expected to be members of the Fund Management Council and in case of subjects under management of competent agencies, must have written consent of competent agencies in accordance with regulation on decentralization in officer management before electing the Fund Management Council and submitting to state management agencies as prescribed in Article 16 of Decree No. 30/2012/ND-CP for recognition. The Chairman of the Fund Management Council will have tenure in the same with tenure of the Fund Management Council.

Circular No. 02/2013/TT-BNV stipulates the temporary suspension for using the fund’s seal as follows:

- Competent agencies specified in Article 16 of Decree No. 30/2012/ND-CP shall decide on temporary suspension for using the fund’s seal when that fund is temporarily suspended operation as prescribed by law.

- The fund will be continued using its seal in case the competent agencies decide to allow it to operate again after it is temporarily suspended.

Other provisions can be found in Circular No. 02/2013/TT-BNV of the Ministry of Home Affairs of Vietnam, which takes effect from June 01, 2013.

Thu Ba

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