03 things you should know about foreign NGOs in Vietnam

03 things you should know about foreign NGOs in Vietnam (Internet image) 

1. What is a foreign NGO?

According to Clause 1, Article 3 of Decree 58/2022/ND-CP, foreign non-governmental organization (foreign NGO) means a non-profit organization, a social fund or a private fund that is established under foreign laws with legal capital from foreign countries;

Conducts development assistance and humanitarian aid activities not for profit or other purposes in Vietnam and fails to make financial donations, mobilize sponsorship or raise funds from Vietnamese organizations and individuals.

2. Prohibited acts regarding foreign NGOs in Vietnam

Prohibited acts regarding foreign NGOs in Vietnam under Article 5 of Decree 58/2022/ND-CP are as follows:

- Organize or carry out, sponsor, participate in religious and other activities against national interests, laws, national defense, security, social order and safety of Vietnam.

- Organize, carry out or participate in activities for profit, not for humanitarian or development assistance.

- Sponsor coup in other countries, terrorism organizations and activities related to terrorism.

- Organize, carry out or participate in money laundering or activities related to money laundering

- Organize, sponsor or participate in activities against social ethics, national fine customs and practices, national traditions, identity or great national unity

3. Database on foreign NGOs in Vietnam

The database on foreign NGOs according to Article 6 of Decree 58/2022/ND-CP is as follows:

- The database on foreign non-governmental organizations is a collection of information about foreign non-governmental organizations and their activities in order to store and share information about foreign non-governmental organizations that register operation in accordance with the law of Vietnam.

- The database on foreign non-governmental organizations shall be connected to the National Public Service Portal and the Public Service Portal of the Ministry of Foreign Affairs, national database, the databases of ministries and ministerial-level agencies, Governmental agencies, the People's Committees of provinces in order to assist in handling of administrative procedures in registration and management of operations of foreign non-governmental organizations.

- Information in database on foreign non-governmental organizations:

+ The information includes:

++ Confirmed information when the foreign non-governmental organization registers operation in Vietnam;

++ Copy or electronic copy of the application for issuance, extension, amendment or re-issuance of the Registration Certificate that has valid digital signature;

++ Ad hoc and periodic reports;

++ Other information (if necessary);

+ The information in database on foreign non-governmental organizations shall be confirmed from the following sources:

++ Information provided by foreign non-governmental organizations in the application for issuance, extension, amendment or re-issuance of the Registration Certificate;

++ Information updated on the database by a foreign non-governmental organization;

++ Information provided by management authorities in Vietnam;

++ Information digitized and standardized from the Registration Certificate;

++ Information shared, transformed, normalized from the previously established databases.

- Principles of establishment, update, management, extraction and use of databases on foreign non-governmental organizations:

+ The information in the database on foreign non-governmental organizations shall be fully and accurately stored; effectively extracted and used for the right purpose according to the regulations of the law of Vietnam;

+ The database on foreign non-governmental organizations shall be safely and strictly protected according to regulations of the law; comply with standards and technical regulations on information technology; ensure the compatibility, safety and transparency in the whole of the database system.

- Management, extraction and provision of information in the database on foreign non-governmental organizations:

+ The Ministry of Foreign Affairs shall take charge of establishment and operation of the database on foreign non-governmental organizations;

Promulgate the Regulation on management, extraction and operation of the database on foreign non-governmental organizations and guide the implementation of online administrative procedures after the database on foreign non-governmental organizations is established and operated;

Issue book codes and identification accounts to competent state management agencies, the People's Committees of provinces and Standing Body of the Committee for foreign non-governmental organization affairs and foreign non-governmental organizations that have been issued registration certificates to access the database on foreign non-governmental organizations;

+ The competent state management agencies, the People's Committees of provinces, Standing body of the Committee for foreign non-governmental organization affairs and foreign non-governmental organizations that have been issued the registration certificates can access and extract the databases on foreign non-governmental organizations;

+ The Ministry of Foreign Affairs, competent state management agencies, the People's Committees of provinces, Standing Body of the Committee for foreign non-governmental organization affairs and foreign non-governmental organizations that have been issued registration certificates shall be responsible for regularly updating information in the database on foreign non-governmental organizations.

Quoc Dat

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