New regulations of Vietnam that charity campaigners need to know

Individuals campaigning for charity: New regulations to know (Artwork)

Charity advocacy when having full capacity for civil acts

At point h, Clause 1, Article 2 of Decree 93/2021 of Vietnam, it is clear that individuals with full civil act capacity are entitled to participate in mobilizing, receiving and distributing voluntary contributions to overcome difficulties caused by natural disasters and epidemics, trouble; support patients with critical illnesses.

Currently, Decree 64/2008/ND-CP of Vietnam only allows organizations such as the Central Vietnam Fatherland Front; Vietnam Red Cross Association; central and local mass media agencies; Committees of the Vietnam Fatherland Front and the Red Cross Associations at all levels in the locality; social funds and charity funds may mobilize, receive and distribute relief money and goods. Apart from the organizations and units mentioned above, no other organization, unit or individual has the right to organize the receipt of relief money and goods.

Therefore, Decree 93/2021 has officially recognized the right of individuals to mobilize for charity donations.

Commit time to distribute donations

In Clause 1, Article 17 of Decree 93/2021 of Vietnam stipulates:

When mobilizing, receiving and distributing voluntary contributions to support natural disasters, epidemics and incidents, individuals are responsible for informing on the media about the purpose, scope and method of donation form of mobilization, receiving account (for money), place of receipt (for in-kind), time of commitment to distribute and send in writing to the People's Committee of the commune where he/she resides according to the form Notice issued accompanying this Decree.

In particular, individuals are not allowed to receive more voluntary contributions after the end of the committed receiving period and are responsible for notifying the place of account opening of the cessation of receiving voluntary contributions. 

Open a separate account to receive donations

Individuals open separate accounts at commercial banks according to each campaign to receive and manage all voluntary contributions, arrange a suitable location to receive, manage and preserve in-kind donations during the reception;

There is a receipt for voluntary contributions in cash or in kind received upon request by the contributing organization or individual.

In addition, the individual is responsible for notifying the account opening place of the cessation of receiving voluntary contributions.

Notify the commune-level People's Committee of the place of residence

Individuals mobilizing, receiving and distributing voluntary contributions to support natural disasters, epidemics or incidents must send a written notice to the commune-level People's Committee of the place of residence according to the form Notice issued together with the Decree. 93/2021 of Vietnam

According to the Decree, the commune-level People's Committee is responsible for storing, monitoring and providing information at the request of organizations and individuals contributing or receiving support and competent agencies for guiding and monitoring, inspecting, examining, supervising and handling violations.

Coordinate with the People's Committee where the support is received to distribute donations

According to Article 18 of Decree 93/2021 of Vietnam based on the voluntary contributions of each campaign or reception, the individual is responsible for notifying the People's Committee of the place where the support is received (provincial level, district level, commune level according to decentralization; in case of necessity, contact the Provincial People's Committee for specific instructions) to coordinate in determining the scope, subjects, level, and time of support and distribution. , used in accordance with the commitment even for conditional contributions, specific addresses (if any).

It can be seen that, according to this regulation, all charitable activities that do not go through the local government are considered to violate the provisions of Decree 93/2021 of Vietnam.

Advocates are responsible for agreeing with contributing organizations and individuals to have a plan to distribute and use the remaining voluntary contributions or transfer them to Vietnam Fatherland Front Committees at all levels for the implementation of the following activities: social security policies to ensure compliance with the goals committed with the contributing organizations and individuals. The continued distribution and use to overcome difficulties caused by natural disasters, epidemics and domestic incidents shall comply with the provisions of Decree 93/2021.

Publicize the results of receipt and distribution of voluntary donations

Clause 3, Article 19 of Decree 93/2021 clearly stipulates that voluntary contributions mobilized, received, distributed and used by individuals to overcome consequences of natural disasters, epidemics and incidents must ensure publicity. open and transparent.

Individuals are responsible for opening a record book with full information on the results of receipt and distribution of money and kind of voluntary contributions according to the supported objects and localities, including conditional receipts, locations only specific (if any), publicize the contents specified in Clause 2, Article 14 of Decree 93/2021 on the media and send the results in writing to the commune-level People's Committee of the place of residence for posting. publicly posted at the headquarters of the agency within 30 days.

The time for publicity shall comply with the provisions of Clause 4, Article 14 of Decree 93/2021 of Vietnam

At the same time, individuals who mobilize, receive and distribute voluntary contributions to help overcome difficulties caused by natural disasters, epidemics and incidents are responsible for providing information at the request of authorities. competent authority in accordance with the law.

Individuals pay for their own operating expenses

According to Clause 1, Article 19 of Decree 93/2021, the expenses for the activities of mobilizing, receiving, distributing and using voluntary contributions shall be paid by the campaigners themselves.

In case of consent from contributing organizations and individuals, the individual may spend from voluntary contributions but must aggregate and publicize these expenses.

Some note:

- Voluntary contributions mobilized, received, distributed and used by individuals to overcome consequences of natural disasters, epidemics and incidents are not aggregated into the state budget.

- In case of supporting repair, construction of essential infrastructure works, procurement of equipment, receiving, distributing and using organizations, agencies and units shall perform financial management according to regulations. in Clause 3, Article 13 of Decree 93/2021; In case of specific asset support is essential infrastructure works, equipment from voluntary contributions mobilized, received, distributed and used to support administrative agencies and public non-business services shall receive, determine the value and manage the property according to the provisions of Clause 7 Article 13 of Decree 93/2021.

Bao Ngoc

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE