In the near future, will individuals be able to mobilize voluntary donations to overcome natural disasters and epidemics in Vietnam?

In the Report, the Ministry of Finance of Vietnam assessed that Decree No. 64/2008/NĐ-CP during its implementation revealed a number of shortcomings that need to be amended as follows:

- The Decree No. 64/2008/NĐ-CP must be amended in order to ensure the conformity, consistency and synchronization with the relevant legal regulations at the present, because the documents as the basis for promulgating this Decree have been replaced;

- The scope of regulation of Decree No. 64/2008/NĐ-CP has not covered the mobilization, receipt, distribution and use of voluntary contributions to overcome difficulties for people due to the impact of the epidemic; has not been adjusted for individuals who mobilize, receive and distribute voluntary contributions to directly support people facing difficulties due to natural disasters, epidemics and incidents. Concurrently, the activities of social funds, charity funds, medical facilities and individuals have not been adjusted to mobilize, receive and support patients with critical illnesses.

- The time for organizing the receipt of money and in-kind contributions voluntarily after each natural disaster or incident according to current regulations is no more than 60 days, which is considered by localities to be short and insufficient, and may lead to improper use of voluntary donations in kind and money.

- The lack of regulations on spending on repair of infrastructure in disaster-affected areas is not consistent with the provisions of the Law on Natural Disaster Prevention and Control 2013 of Vietnam.

- There is no regulation on the form of support (in cash or in kind) from voluntary contributions of domestic and foreign organizations and individuals to carry out the contents of support to overcome difficulties caused by natural disasters, epidemics and incidents.

- Difficulty in coordination between local agencies and units when organizing the mobilization, receipt, distribution and use of voluntary donations.

Stemming from the above limitations, in the Impact Assessment Report, the Ministry of Finance of Vietnam has revised policies compared to Decree No. 64/2008/NĐ-CP of Vietnam’s Government, including:

1. Research on amendments and supplements to the Decree's regulatory scope to avoid overlapping regulations in legal documents.

2. Amend the content of regulations on the time to receive relief money and in-kind from voluntary contributions to suit reality.

3. Amend and supplement regulations on expenditures on support to overcome difficulties caused by natural disasters, epidemics and incidents.

4. Supplement regulations on publicity in the work of mobilizing, receiving and distributing relief money and in-kind in order to effectively, openly and transparently use relief artifacts.

5. Regulations on individuals mobilizing, receiving and distributing voluntary contributions to assist in overcoming consequences of natural disasters, epidemics, incidents and supporting poor patients; regulations on medical facilities, social funds, charity funds and individuals mobilizing support for patients suffering from serious diseases.

If this proposal is approved, in the coming time, there will be separate regulations on individuals participating in mobilizing, receiving, distributing and using voluntary contributions to overcome consequences of domestic natural disasters, epidemics and incidents. The Ministry of Finance also proposed two options for individuals to participate in mobilizing, receiving, distributing and using voluntary contributions to overcome the consequences of domestic natural disasters, epidemics and incidents as follows:

Option 1: Regulation in the direction of:

1. Regarding mobilization and receipt of voluntary contributions

When an individual wishes to mobilize, receive and distribute voluntary contributions to support natural disasters, epidemics and incidents, he/she shall notify the local authorities where he/she resides of the purpose, scope, method, form of mobilization, the receiving account (for money), and the place of receipt (for the kind) according to the form to be issued together with the Decree.

2. Regarding distribution and use of voluntary contributions

Individuals need to notify the local government where the support is received about the scope, level and duration of support according to the form to be issued together with the Decree, to coordinate and guide the distribution of voluntary contributions as well as to ensure safety and social order.

3. Regarding publicity of voluntary contributions

Voluntary contributions mobilized, received, distributed and used by individuals to overcome consequences of natural disasters, epidemics and incidents must ensure publicity and transparency. Individuals are responsible for reporting and publicizing activities of mobilizing, receiving, distributing and using voluntary donations upon request.

Option 2: 1 article only, to be specific:

When natural disasters, epidemics, incidents occur in the country, causing damage to people, property or affecting people's lives, individuals are allowed to mobilize, receive, distribute and use voluntary contributions to support people to overcome difficulties. Individuals must comply with relevant laws.

LAWNET will update information as soon as possible for readers as soon as the policies in this Draft are approved. Readers can see other proposals in the Draft.

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Thuy Tram

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