Conditions for issuance of representative office registration certificate to a foreign non-governmental organization in Vietnam

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

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

1. What is a representative office of foreign non-governmental organization?

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.

In particular, representative office means a unit affiliated to a foreign non-governmental organization that is representative of a foreign non-governmental organization under its authorization.

(Clause 1, 4, Article 3 of Decree 58/2022/ND-CP)

2. Conditions for issuance of representative office registration certificate to a foreign NGO in Vietnam

According to Article 14 of Decree 58/2022/ND-CP, the foreign non-governmental organization will be issued the representative office 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 commitment to long-term operation in Vietnam and detailed statistics on programs and projects that will be implemented in Vietnam within at least 5 years in one or more areas where the scale and nature of such programs or projects require regular, on-site operation and supervision.

- Have proposal for the Head of Representative Office in Vietnam.

3. Application for issuance of representative office registration certificate to a foreign NGO in Vietnam

The foreign non-governmental organization shall submit 01 application for issuance of the representative office registration certificate by post, in person or online to the Committee for foreign non-governmental organization affairs. The application includes:

- 01 application for issuance of representative office registration certificate according to Form No. 03a specified in the Appendix issued together with Decree 58/2022/ND-CP;

- 01 copy of the Charter and 01 copy of the proving document on the legal status of the foreign non-governmental organization;

- Detailed statistics on programs and projects that will be implemented in Vietnam within at least 5 years in one or more areas where the scale and nature of such programs or projects require regular, on-site operation and supervision.

- 01 detailed statistics on programs, projects and non-projects that have been implemented for 03 consecutive years before the time of submission of the application for issuance of representative office registration certificate (if any);

- 01 application for approval for the Head of Representative Office includes the following documents:

+ 01 Decision on appointment signed and sealed by the head of the organization;

+ 01 biography of the person subject to approval for the Head of Representative Office;

+ 01 judicial record of the person subject to approval for the Head of Representative Office, issued by the competent authority of the country which he/she is a national or the country in which he/she has permanently resided within the last 6 months;

+ 01 copy of passport that is valid in case of the person subject to approval for the Head of Representative Office who is a foreigner. 01 copy of passport or ID card that is valid in case of the person subject to approval for the Head of Representative Office who is a Vietnamese

Documents in foreign language in the above application shall be consularly legalized, enclosed with the lawfully certified Vietnamese translation in accordance with the law of Vietnam, except for exemption from consular legalization under international treaties that Vietnam is a member or on the principle of reciprocity.

(Clause 1, Article 15 of Decree 58/2022/ND-CP)

4. What are cases of suspension of operation of foreign NGO in Vietnam?

According to Clause 1, Article 18 of Decree 58/2022/ND-CP, the foreign non-governmental organizations shall be suspended from operation in the following cases:

- Continue to operate when the registration certificate expires;

- Fail to operate in the sectors or areas specified in the registration certificate;

- Use or notify information on transaction account that is not the registered transaction account.

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