Thông tư 4/2020/TT-BNV

CIRCULAR

ELABORATING TO DECREE NO. 93/2019/ND-CP DATED NOVEMBER 25, 2019 OF THE GOVERNMENT ON ORGANIZATION AND OPERATION OF SOCIAL FUNDS AND CHARITABLE FUNDS

Pursuant to Decree No. 34/2017/ND-CP dated April 3, 2017 of Government on functions, tasks, powers, and organizational structure of Ministry of Home Affairs;

Pursuant to Decree 93/2019/ND-CP dated November 25, 2019 of the Government on organization and operation of social funds and charitable funds;

At request of Director General of Department of Non-governmental Organizations;

Minister of Home Affairs promulgates Circular on elaborating to Decree No. 93/2019/ND-CP dated November 25, 2019 of the Government on organization and operation of social funds and charitable funds.

Article 1. Scope and regulated entities

1. This Circular elaborates Decree No. 93/2019/ND-CP dated November 25, 2019 of the Government on organization and operation of social funds and charitable funds (hereinafter referred to as “Decree No. 93/2019/ND-CP”).

2. This Circular applies to social funds and charitable funds (hereinafter collectively referred to as “funds”) and individuals and organizations related to organization and operation of funds according to Decree No. 93/2019/ND-CP .

Article 2. Notice on formation of juridical persons affiliated to funds

1. Within 30 days from the date on which funds form juridical persons according to Article 33 of Decree No. 93/2019/ND-CP , funds shall notice competent authorities specified under Article 18 of Decree No. 93/2019/ND-CP in writing.

2. Written notice consists of following documents:

a) Decision on formation of juridical persons (master registers) and copy of License for operation;

b) Copies of following documents: regulations on organization and operation of juridical persons; decisions on assigning heads of juridical persons.

Article 3. Members of Council for fund management

Members of Council for fund management under management of competent agencies, written agreement of competent agencies according to regulations on decentralizing for management of officials is required before sending documents to competent agencies specified under Article 18 of 93/2019/ND-CP for accreditation.

Article 4. Issuance and instruction for document form

1. List of document samples:

a) List of document forms applied to funds and relevant individuals, organizations (Annex I);

b) List of document forms applied to regulatory agencies (Annex II).

2. Display format and technique of documents shall conform to Decree No. 30/2020/ND-CP dated March 5, 2020 of the Government.

Article 5. Entry into force

1. This Circular comes into force from December 1, 2020.

2. This Circular replaces Circular No. 02/2013/TT-BNV dated April 10, 2013 of Minister of Home Affairs on elaborating to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on organization and operation of social funds and charitable funds.

Article 6. Responsibilities for implementation

1. In case social and charitable funds have been issued with license for formation and had regulations accredited by competent regulatory agencies before the effective date of this Circular, at the end of tenure of Council for fund management shall amend regulations according to regulations and send to competent regulatory agencies to accredit fund regulations according to Decree No. 93/2019/ND-CP and this Circular.

2. Ministers, heads of ministerial agencies, heads of Governmental agencies, Chairpersons of the People’s Committees of provinces and central-affiliated cities and funds are responsible for the implementation of this Circular.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry for consideration and revision./.