Conditions for issuance of the registration certificate of a foreign non-governmental organization in Vietnam

What are the conditions for issuance of the registration certificate of a foreign non-governmental organization in Vietnam? - Van Hung (Quang Nam, Vietnam)

Điều kiện cấp Giấy đăng ký hoạt động tổ chức phi chính phủ nước ngoài tại Việt Nam

Conditions for issuance of the registration certificate of a foreign non-governmental organization in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is a foreign NGO?

According to Clause 1, Article 3 of Decree 58/2022/ND-CP, foreign non-governmental organization (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. Conditions for issuance of the registration certificate of a foreign non-governmental organization in Vietnam

Specifically, in Article 10 of Decree 58/2022/ND-CP, the foreign non-governmental organization will be granted the operation registration certificate if it meets the following conditions:

- Have the legal person status under the law of the country or territory in which it is established.

- Have clear operation charters, guidelines and purposes in conformity with Vietnam's interests and needs.

- Have specific proposals on the expected programs, projects and non-projects to support development and humanitarian aid in Vietnam within 3 years.

- Have a proposal for a representative in Vietnam.

In which, the operation registration certificate is valid for at most 03 years from the date of issuance. The representative office registration certificate is valid for at most 05 years from the date of issuance. The time limit of the registration certificate shall not exceed the time limit for operation registration of the foreign non-governmental organization according to the law of the place where it is established. (Clause 1, Article 9 of Decree 58/2022/ND-CP)

3. Rights and obligations of foreign non-governmental organizations in Vietnam

3.1. Rights of foreign NGOs in Vietnam

Foreign non-governmental organizations in Vietnam enjoy the following rights:

- Enjoy benefits, incentives to tax, import of goods and work permits in accordance with the law of Vietnam.

- Open and use payment account in Vietnamese dong or a foreign currency at a commercial bank or a branch of foreign bank that is licensed to operate in Vietnam in order to serve the purposes of implementation of programs, projects and non-projects on development assistance and humanitarian aid in accordance with the law of Vietnam.

- Receive foreign currency or Vietnamese dong via the account in accordance with regulations of the law of Vietnam.

- Transfer foreign currency to foreign countries in order to serve development assistance and humanitarian aid in accordance with the law of Vietnam.

- Receive commendation for achievements in effective implementation of programs and projects in Vietnam in accordance with the law of Vietnam.

- Have self-termination if the foreign non-governmental organizations do not have demands for operation in Vietnam

(Article 20 of Decree 58/2022/ND-CP)

3.2. Obligations of foreign NGOs in Vietnam

According to Article 21 of Decree 58/2022/ND-CP, foreign non-governmental organizations are responsible for performing the following obligations:

- Register and operate according to regulations of the law of Vietnam. The violations of foreign non-governmental organizations will be handled in accordance with regulations of the law of Vietnam.

- Cooperate with Vietnamese partners in implementation of operations according to the registered areas and sectors specified in the registration certificate.

- Within 10 working days from the date of receipt of the registration certificate, the foreign non-governmental organization shall notify opening, use or change of transaction account in Vietnam.

- Within 45 working days from the date of receipt of the registration certificate that has issued, extended or amended, the foreign non-governmental organization shall notify the plan for operation to the People's Committee of province where the foreign non-governmental organization operates or is expected to operate.

- Make annual and ad hoc reports on operations according to request, send them to the Ministry of Foreign Affairs, the Ministry of Planning and Investment, ministries that have the function of state management of operations of foreign non-governmental organizations according to industries and sectors and the Working Committee on foreign non-governmental organizations by post, in person or by online The reports shall be made according to Form No. 05 specified in the Appendix issued together with Decree 58/2022/ND-CP.

The deadline for submission of reports is the 18th of the last month of the reporting period. The reported data shall be calculated from December 15 of the preceding year of the reporting period to December 14 of the reporting period.

- Update information of foreign non-governmental organizations on the database of foreign non-governmental organizations within 10 days from the date of change.

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