Rights and obligations of the Community House Fund in Vietnam

Rights and obligations of the Community House Fund in Vietnam (Internet image)

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

1. What is the Community House Fund?

The Community House Fund (hereinafter referred to as the Fund) is a social fund operating for non-profit purposes, for humanitarian purposes, supporting children, with priority given to helping children in difficult and special circumstances (disadvantaged and helpless children) and groups of children in need of financial and medical assistance, according to the Fund's support capacity, for the development of the community.

(Article 2 Charter of Community House Fund issued together with Decision 107/QD-BNV in 2021)

2. Rights and obligations of the Community House Fund in Vietnam

Specifically, Article 6 of the Community House Fund Charter issued with Decision 107/QD-BNV 2021 stipulates the powers and obligations of the Community House Fund as follows:

2.1. Powers of the Community House Fund in Vietnam

The Community House Fund has the following powers:

- Organizing and operating in accordance with the law and the Charter recognized by a competent state agency;

- Mobilizing donations and sponsorships for the Fund; Receive assets sponsored, donated, donated, or in other forms by domestic and foreign individuals and organizations in accordance with the Fund's purposes and provisions of law. Organize activities in accordance with the law to preserve and grow the Fund's assets;

- Establishing a legal entity to operate in accordance with the principles and purposes of the Fund according to the provisions of law;

- Having the right to complain in accordance with the law;

- The Fund may coordinate with individuals and organizations to mobilize donations and sponsorship for the Fund or to implement specific schemes and projects of the Fund according to the provisions of law;

- Coordinate with localities, organizations and individuals that need assistance to develop and implement funding projects according to the Fund's operating purposes.

2.2. Obligations of the Community House Fund in Vietnam

The Community House Fund is responsible for performing the following obligations:

- The Fund operates in any field, must be under the management of the state agency in charge of that industry and field, and can only receive and mobilize funding within the scope of operations according to the principles and purposes specified in the Fund's Charter;

- Making sponsorships at the request of authorized individuals and organizations in accordance with the Fund's purposes;

- Storing and being responsible for providing complete records, vouchers, and documents on the Fund's assets and finances, resolutions, and minutes on the fund's activities to competent state agencies according to regulations of law;

- Use assets and finance thriftily and effectively for the right purposes of the Fund; pay taxes, fees, and charges; implement accounting, auditing, and statistical regimes in accordance with law; register for a tax identification number and declare tax in accordance with the provisions of tax law;

- Subject to inspection, examination, and supervision by state agencies, sponsoring organizations, individuals, and the community according to the provisions of law. Responsible for resolving complaints and denunciations within the Fund and reporting settlement results to competent state agencies;

- Every year, the Fund is responsible for publicizing contributions in the mass media before March 31;

- When changing the headquarters or Director of the Fund, the Fund must report in writing to the agency competent to license the establishment of the Fund;

- Every year, the Fund must report its organizational, operational, and financial situation to the Ministry of Home Affairs, the Ministry of Finance, the Ministry of Health and the Provincial People's Committee where the Fund is headquartered before December 31;

- Announcement of the establishment of the Fund according to the provisions of Article 22 of Decree 93/2019/ND-CP dated November 25, 2019 of the Government regulating the organization and operations of Social Funds and charity funds;

- Implementing decisions of competent state agencies related to the organization and operations of the Fund and other obligations according to the provisions of law and the Fund's Charter.

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