Conditions, dossier, and procedures for expanding the scope of activities of social funds and charitable funds from December 10, 2024 in Vietnam

Conditions, dossier, and procedures for expanding the scope of activities of social funds and charitable funds from December 10, 2024 in Vietnam​ (Image from the Internet)

From October 23, 2024, the Government of Vietnam issued Decree Decree 136/2024/ND-CP amending and supplementing a number of articles of Decree 93/2019/ND-CP concerning the organization and operation of social funds and charitable funds.

Conditions, dossier, and procedures for expanding the scope of activities of social funds and charitable funds from December 10, 2024 in Vietnam

According Clause 11 Article 1 of Decree 136/2024/ND-CP amending Article 21 of Decree 93/2019/ND-CP on dossiers and procedures for expanding the scope of activities of social funds, charitable funds:

- Conditions for expanding the scope of activities of the fund:

+ It does not change the principles, objectives, and main fields of activity of the fund;

+ Ensures conditions regarding the name; assets, finance; founders as stipulated in Decree 93/2019/ND-CP.

- Dossier for expanding the scope of activities of the fund:

+ Application for expanding the scope of activities;

+ Draft charter of the fund;

+ Documents from the Founding Board of the fund; Resolution of the Board of Directors regarding the expansion of the fund's activities;

+ Documents proving the contributed assets ensuring compliance with Article 14 of Decree 93/2019/ND-CP;

+ In case of adding founders to the fund: dossier as per Article 11 of Decree 93/2019/ND-CP, personal résumé (according to the form attached to Decree 93/2019/ND-CP) and judicial record number 01 issued by the competent authority to the founding members of the fund not exceeding 06 months from the date of dossier submission; if the founding member is an official or public employee approved in writing by the competent authority according to the regulation on personnel management decentralization, a judicial record number 01 is not required;

+ Report on the process of organization and operation of the fund and the orientations for activity when the fund is expanded; report on management and use of assets and finance of the fund; audit report (if any) regarding the management and use of the fund's assets and finances; plan for resolving assets, finances, and labor when expanding the scope of the fund.

- Within 60 days from the date of receiving a complete and valid dossier and opinions from related agencies on the expansion of the fund's activities, the competent state agency stipulated in Article 18 of Decree 93/2019/ND-CP shall issue a license for establishment and recognition of the fund's charter, if denied, the reasons must be clearly stated.

- After the fund is authorized for expansion by the competent state agency as stipulated in Article 18 of Decree 93/2019/ND-CP, it must perform the publication of its expanded scope of activities, recognition of the fund's eligibility to operate, and recognition of the Board of Directors' membership as per Articles 22, 24, 25 of Decree 93/2019/ND-CP.

Refer to the Decree 136/2024/ND-CP effective from December 10, 2024.

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