Thông tư 02/2013/TT-BNV

CIRCULAR

DETAILING AND GUIDING IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE NO. 30/2012/ND-CP DATED APRIL 12, 2012, ON ORGANIZATION AND OPERATION OF SOCIAL FUNDS AND CHARITY FUNDS

Pursuant to the Government’s Decree No. 61/2012/ND-CP dated August 10,2012 defining the functions, tasks, powers and organizational structure of Ministry of Internal Affairs;

Pursuant to the Government’s Decree No. 30/2012/ND-CP dated April 12, 2012, on organization and operation of social funds and charity funds;

At the proposal of Director of the Non-Governmental Organization Department;

The Minister of Internal Affairs promulgates the Circular detailing and guiding implementation of a number of articles of the Government’s Decree No. 30/2012/ND-CP dated April 12, 2012, on organization and operation of social funds and charity funds;

Article 1. Scope and subjects of application

1. This Circular details and guides implementation of a number of articles of the Government’s Decree No. 30/2012/ND-CP dated April 12, 2012, on organization and operation of social funds and charity funds (hereinafter referred to as the Decree No. 30/2012/ND-CP)

2. This Circular applies to social funds, charity funds and citizens and organizations related to organization and operation of social funds, charity funds as prescribed in the Decree No. 30/2012/ND-CP.

Article 2. The fund establishment under testaments or at the request of asset donors through authorization contracts

1. In case of fund establishment under testaments, the testaments of persons donating inheritance assets to Vietnamese citizens, organizations with obligation of implementing request for fund establishment must be made under the notarized written testaments or authenticated written testaments as prescribed by law.

2. The fund establishment at the request of the asset donors through authorization contracts mean case when the asset donors donate assets for the party receiving the donation (citizens or organizations) provided that the party receiving the asset donation will be responsible for establishing fund through authorization contract with role as founding member of fund. The authorization contracts must be made in writing and notarized as prescribed by law.

3. In case where citizens or organizations receiving inherit or asset donation fail to have enough number of founding members for fund establishment as prescribed in clause 2 Article 9 of the Decree No. 30/2012/ND-CP the citizens or organizations receiving inherit or asset donation are responsible for supplementing sufficient number of founding members as prescribed, these supplemented founding members are not required to contribute assets for fund establishment as prescribed in clause 1 Article 9 of the Decree No. 30/2012/ND-CP.

Article 3. Establishment of legal entities affiliated fund

1. When a fund has demand and is eligible for establishment of its affiliated legal entities operating in fields conformable with fund’s charter recognized by competent state management agencies and law has specified conditions, procedures, orders, dossier and agencies competent to license for operation (certificate of operation registration, business permit or other form), the fund may decide on establishment of  legal entities and notify the competent state management agencies specified in Article 16 of the Decree No. 30/2012/ND-CP.

2. Content of the notice includes:

a) Name of legal entity;

b) Address of legal entity’s head office;

c) Operational scope and fields of legal entity;

d) Full name, permanent residence of legal representative of legal entity;

dd. Decision on establishement of legal entity (original);

e. Copies of documents: Regulation or provisions on organization, operation of legal entity; decision on appointment the head of legal entity; operational permit issued by competent state agencies (if any(.

Article 4. Fouding members and members of the Fund Management Council

1. Founding members of fund establishment in case where they are subjects under management of competent agencies, must have written consent of competent agencies in accordance with regulation on decentralization in officer management before submitting to state management agencies as prescribed in Article 16 of the Decree No. 30/2012/ND-CP for granting establishment permit and recognizing the fund’s charter.

2. Personel who are expected to be members of the Fund Management Council and in case of subjects under management of competent agencies, must have written consent of competent agencies in accordance with regulation on decentralization in officer management before electing the Fund Management Council and submitting to state management agencies as prescribed in Article 16 of the Decree No. 30/2012/ND-CP for recognition. Chairman of the Fund Management Council will have tenure in the same with tenure of the Fund Management Council.

Article 5. Temporary suspension for using the fund’s seal

1. Competent agencies specified in Article 16 of the Decree No. 30/2012/ND-CP shall decide on temporary suspension for using the fund’s seal when that fund is temporarily suspended operation as prescribed by law.

2. The fund will be continued using its seal in case where the competent agencies decide to allow it to operate again after it is temporarily suspended operation.

Article 6. Guides on forms presenting documents

1. To promulgat together with this Circular:

a) List of forms presenting documents applied to funds and Vietnamese citizens, organizations (Annex I);

b) List of forms presenting documents applied to state management agencies (Annex II).

2. The presentation formats and techniques comply with the Circular No. 01/2011/TT-BNV dated January 19, 2011 of Ministry of Internal Affairs guiding on presentation formats and techniques applicable to administrative documents.

Article 7. Effect

1. This Circular takes effect on June 01, 2013.

2. This Circular replaces the Circular No. 09/2008/TT-BNV dated December 13, 2008 of the Minister of  Internal Affairs guiding implementation of a number of articles of the Government’s Decree No. 148/2007/ND-CP dated September 25, 2007, on organization and operation of social funds and charity funds.

Article 8. Responsibilities for implementation 

1. The Ministers, heads of ministerial-level agencies, heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces and social funds and charity funds shall implement this Circular.

2. In the course of implementation, any arising problems should be reported to the Ministry of Internal Affairs for study, conformable amendment and supplementation.

APPENDIX I

LIST OF WRITTEN PRESENTATION FORM APPICABLE TO VIETNAMESE FUNDS, CITIZENS AND ORGANIZATIONS

 (Together with Circular No. 02/2013/TT-BNV dated April 10, 2013 of the Minister of Interior)

Form 1 - Application for the establishment of fund

Form 2 - Sample charter of social fund and charitable fund

Form 3 - Commitment to contributed property for fund establishment

Form 4 - Written request for extension of time to transfer the ownership of contributed property

Form 5 - Application for change of license of establishment and recognition of Fund Charter (amended and added)

Form 6 - Application for re-issue of license of establishment and recognition of Fund Charter

Form 7 - Announcement of establishment and operation of branch (representative office) of the Fund

Form 8 - Application for fund dissolution

Form 9 - Application for fund renaming

Form 10 - Application for fund separation

Form 11 - Application for fund division

Form 12 - Application for fund consolidation

Form 13 - Application for fund merger

Form 14 - Application for resume of fund operation

Form 15 - Report on mistakes leading to temporary suspension of Fund’s operation

Form 16 - Report on Fund’s organization and operation

Form 1 - Application for the establishment of fund

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION

for the establishment of fund....⁽¹⁾…

To: ……..…⁽²⁾..............

I am…..representative of founders of fund …⁽¹⁾…kindly request …⁽²⁾…to consider and decide to issue License of establishment and recognition of Fund Charter …⁽¹⁾…as follows:

1. Necessity and legal grounds for Fund establishment

a) Necessity

…………………………………………………………⁽³⁾.……………………………………

b) Legal grounds for Fund establishment

…………………………………………………………⁽⁴⁾.……………………………………

2. Contributed property for Fund establishment from

…………………………………………………………⁽⁵⁾.……………………………………

3. Expected direction of operation in the first 5-year period of the Fund

…………………………………………………………⁽⁶⁾.……………………………………

4. Dossier attached to this Application includes:

…………………………………………………………⁽⁷⁾.……………………………………

Contact information:

Full name: ...................................................................................................................

Contact address: ........................................................................................................

Tel No.: .......................................................................................................................

Kindly request ... ⁽²⁾ ...to consider and decide upon the issue of Certificate of establishment and recognition of Fund Charter ...⁽¹⁾.../.

Note:

⁽¹⁾ Name of fund expected to be established;

⁽²⁾ Name of agency having authority to permit the Fund establishment;

⁽³⁾ Briefing the state of field of Fund’s operation, the necessity for fund establishment, guiding principle, purpose; experience and work of Founders in relation to the fields of Fund’s operation;

⁽⁴⁾ Party's guidelines, policies and law of the state related directly to the expected fields of Fund’s operation;

⁽⁵⁾ Property contributed for fund establishment includes Vietnam dong and property converted into Vietnam dong under the provisions in Article 12 of Decree No. 30/2012/ND-CP;

⁽⁶⁾ Expected operation line of fund: Strengthening the organizational structure, formulating and issuing documents to implement the Fund Charter  and deploy activities under guiding principle and purpose of fund…;

⁽⁷⁾ Fully ensuring under provisions in Article 13 of Decree No. 30/2012/ND-CP;

⁽⁸⁾ Geographical name.

Form 2 - Sample charter of social fund and charitable fund ^(*)

CHARTER (OR CHARTER AMENDED OR ADDED)
OF FUND…⁽²⁾…
(Having been recognized together with Decision No. …dated……of…)

Chapter I.

GENERAL REGULATION

Article 1. Name, logo and head office

1. Name:

a) Vietnamese name: ................................................................................................. ;

b) Name in foreign language (if any) .................;

c) Abbreviated name (if any):..................................

2. Logo of fund (if any).....................................

3. Head office: House No., street (if any) commune/ward…district....province/city

Article 2. Guiding principle and purpose

1. Fund…⁽²⁾…(hereafter referred to as Fund) is the Fund …⁽³⁾…operating not for profit and for the purpose of…⁽⁴⁾…

2. Fund is established from the initial contributed capital of the founders and from self-generation on the basis of...⁽⁵⁾... for implementing activities …⁽⁶⁾…

Article 3. Principle for organization, scope of operation and legal position

1. Funds are operated under the following principles:

a) Not for profit;

b) Voluntariness, self-generation of fund, self-grant and self-responsibility before law with the Fund’s property;

c) Publicity and transparency of revenues and expenditures, finance and property of Fund;

d) Compliance with the  Fund Charter  recognized by... (7) ..., the law and under the state management of... (8) ... in the field of Fund’s operations;

dd) No distribution of property of Fund during the Fund’s operation;

2. Fund’s scope of operation…⁽⁹⁾…

3. Having legal status, seal and bank account as prescribed by law;

Article 4. Founders of fund…⁽¹⁰⁾…

Chapter II.

FUNCTIONS, DUTIES, POWER AND OBLIGATIONS

Article 5. Function and duties

1. Using the fund sources to support and finance the subjects, programs and projects in line with the guiding principle, purpose of fund and regulations of law;

2. Receiving and managing the property funded and aided under the authorization from domestic and foreign organizations and individuals to implement activities under the authorization contract in line with guiding principles, purpose and regulations of law;

3. Receiving property from domestic and foreign organizations and individuals in the form of grant, donation or other forms as prescribed by law to generate capital source for fund;

Article 6. Power and obligation

 (Specified in Article 30 of Decree No. 30/2012/ND-CP based on the guiding principle and purpose of fund and relevant regulations of law for specific stipulation);

Chapter III.

ORGANIZATION AND OPERATION

Article 7. Organizational structure

1. Fund management Board

2. Fund Control Board.

3. Representative office, branch and attached units (if any);

Article 8. Fund management Board

1. The Fund management Board is the management agency of Fund on its behalf to decide and implement the Fund’s power and obligations. The Fund management Board with members nominated by the founders. Where there is no nomination of the Fund founders, the Fund management Board of the previous term shall elect the Fund management Board of the following term and is recognized by ...⁽⁷⁾...The tenure of Fund management Board is… years. The Fund management Board consists of Chairman, Vice Chairman and members;

2. The Fund management Board has the following duties and power:

a) Deciding the development strategy and annual operation plan of Fund;

b) Deciding the solution to Fund development through contract of loan, sale and purchase of property valued at …….Vietnam dong or more;

c) Electing and dismiss or removing Chairman, Vice Chairman or members of Fund management Board; deciding the establishment of Fund management Board, the appointment, removal, dismissal, signing or termination of Director of Fund in case where he/she is the person who is hired by the Fund; deciding the person in charge of accounting work and other managers as prescribed in the Fund Charter;

d) Deciding the rate of salary, bonus and other benefits for Chairman, Vice Chairman or members of Fund management Board, Director, person in charge of Fund accounting and other person working for Fund as prescribed in the Fund Charter  and other regulations of law;

dd) Adopting annual financial statement and plan for use of property and finance of Fund;

e) Deciding the organizational structure and management of Fund;

g) Deciding the establishment of legal status attached to Fund, establishment of branch or representative office of Fund as prescribed by law;

h) Amending or adding the Fund Charter ;

i) Deciding dissolution or proposing changes on establishment license and Fund Charter to the competent state authorities;

k) Within 60 (sixty) days after the day of decision to recognize the eligibility for Fund’s operation and the Fund management Board which is responsible for formulating and issuing: Regulations on management and use of property and finance and expenditure by norm of Fund; Regulations on commendation, discipline and settlement of complaint and denunciation within the Fund; Regulations on working time, the employment of labor and use of seal of Fund; Regulations on election, dismissal or removal of Chairman, Vice Chairmen and members of Fund management Board and working regulations of Fund management Board and Fund Control Board; Regulations on appointment, dismissal or removal of Director of Fund or termination of labor contract with Director of Fund;

l) Other duties and power as prescribed by law (if any);

3. Principles of Fund’s operation management Board:

a) The meeting of Fund management Board shall be summoned and chaired by the Chairman of Fund management Board. The Fund management Board shall hold regularly meeting once for every ….or irregular meeting at the proposal of ….of member of Fund management Board. The meeting of Fund management Board shall be considered valid when there is …. of participants of Fund management Board;

b) Each member of has one vote. In case where the number of members present at the meeting is not sufficient, the chair of the Fund management Board’s meeting shall seek the written opinions. The written opinions of absent members are as valuable as that of present members at the meeting;

c) The decisions of Fund management Board shall be adopted when there approval from….members of Fund management Board;

Article 9. Chairman of Fund management Board

1. The Chairman of Fund management Board is a Vietnamese citizen and the Fund representative and shall take responsibility for the activities of Fund. The Chairman of Fund management Board shall be elected by the Fund Management Board with his/her tenure coinciding with that of the Fund Management Board;

2. Duties of Chairman of Fund Management Board:

a) Preparing or organizing the preparation for program and operation plan of the Fund Management Board;

b) Preparing or organizing the preparation of program, contents and materials for meeting of the Fund Management Board to seek opinions of the Fund Management Board’s members;

c) Summoning and chairing the meeting of the Fund Management Board or seeking the opinions of the Fund Management Board’s members;

d) Supervising or organizing the supervision of implementation of the Fund Management Board’s decisions;

dd) Signing the Fund Management Board’s decisions on behalf of the Fund Management Board;

e) Other power and duties as prescribed by law (if any);

3. In case of absence, the Chairman of Fund Management Board shall authorize in writing the Vice Chairman of Fund Management Board to carry out the duties of the Chairman of Fund Management Board;

Article 10. Vice Chairman of Fund Management Board

1. The Vice Chairman of Fund Management Board shall be elected by the Fund Management Board with his/her tenure coinciding with that of the Fund Management Board;

2. The Vice Chairman of Fund Management Board shall assist the Chairman of of Fund Management Board to direct the activities of Fund as assigned by the Fund Management Board and perform duties under the authorization of Chairman of the Fund Management Board;

Article 11. Fund Control Board

 (Based on the provisions in Article 27 of Decree No. 30/2012/ND-CP for specific regulation)

Article 12. Director of Fund

 (Based on the provisions in Article 25 of Decree No. 30/2012/ND-CP for specific regulation)

Article 13. Person in charge of accounting of Fund

 (Based on the provisions in Article 26 of Decree No. 30/2012/ND-CP for specific regulation)

Article 14. Assisting professional department (if any)

Article 15. Branch and representative office

 (Based on the provisions in Article 29 of Decree No. 30/2012/ND-CP for specific regulation)

Chapter IV.

SOLICITATION OF DONATION AND RECEIPT OF GRANT, SUBJECTS AND SUPPORT CONDITIONS

Article 16. Solicitation of donation and receipt of grant

1. The Fund is solicited for donations and grant in the country and abroad in order to carry out the purpose of operation under the provisions of Fund Charter  and regulations of law.

2. The donation and grant from organizations and individuals in the country and abroad to the Fund must be transferred to the Fund immediately as prescribed by law while publicizing information on organizations’ website (if any) for inspection and supervision from people and sponsors;

3. The organization of solicitation of donation to support difficulty is only done upon occurrence of natural disasters, fire or serious incident causing great damage to people and people’s property. The Fund Management Board shall decide the organization of solicitation of donation and implementation of support under the guidance of the Central Committee of the Vietnam Fatherland Front.

4. For the grant, donation and support for remedy of flood and natural disaster and urgent relief, the expenditure shall be done by 100% right after receipt of money and property. For the grant with purposes and objectives, the sponsor’s requirements must be done accordingly;

Article 17. Principles of solicitation of donation and receipt of grant

The solicitation of donation in money, in kind or with labour of individuals and organizations must be done voluntarily with generosity. There is no required minimum rate of solicitation of contribution to the Fund for individuals and organizations;

The donation, receipt, management and use of money and kind from the individuals and organizations to the Fund must be open and transparent and under the inspection, examination and supervision as prescribed by law;

3. The content of solicitation of donation and receipt of grant must be open and transparent and include: Purpose of solicitation of donation and grant; result of solicitation of donation and grant; use and result of use and finalization report;

4. The form of publicity includes:

a) Public posting at the place to receive donation and grant and place to get relief;

b) Announcement on mass media;

c) Provision of information as required by agencies, organizations and individuals as prescribed by law;

Article 18. Subjects and conditions for receipt of support, grant…

Chapter V.

MANAGEMENT AND USE OF PROPERTY AND FINANCE

Article 19. Source of revenue

 (Based on the provisions in Article 32 of Decree No. 30/2012/ND-CP for specific regulation)

Article 20. Use of Fund

 (Based on the provisions in Article 33 of Decree No. 30/2012/ND-CP for specific regulation)

Article 21. Expendiures for management of Fund

 (Based on the provisions in Article 34 of Decree No. 30/2012/ND-CP for specific regulation)

Article 22. Management of Fund’s finance and property

 (Based on the provisions in Article 35 of Decree No. 30/2012/ND-CP for specific regulation)

Article 23. Handling of Fund’s property upon consolidation, merger, division, separation, temporary suspension and dissolution

(Based on the provisions in Article 39 of Decree No. 30/2012/ND-CP for specific regulation)

Chapter VI.

CONSOLIDATION, MERGER, SEPARATION, SPLITTING AND RENAMING OF FUND

Article 24. Consolidation, merger, separation, splitting and renaming of Fund

1. The consolidation, merger, separation, splitting and renaming of Fund shall comply with the provisions of Article 36 of Decree No. 30/2012/ND-CP.

2. The Fund Management Board shall implement the decision on consolidation, merger, separation, splitting and renaming of Fund as prescribed by law;

Article 25. Fund dissolution

1. The Fund dissolution shall comply with the provisions of Article 38 of Decree No. 30/2012/ND-CP.

2. The Fund Management Board shall implement the decision on Fund dissolution as prescribed by law;

Chapter VII.

COMMENDATION AND DISCIPLINE

Article 26. Commendation

1. Organizations and individuals that have contributed much to the Fund’s activities shall be commended by the Fund Management Board or proposed to the competent authorities for commendation by the Fund Management Board as prescribed by law;

2. The Fund Management Board specifies the form, authority and order for rewarding consideration within the Fund.

Article 27. Discipline

1. Organizations of the Fund and persons working for the Fund in violation of the provisions of this Charter, depending on the nature and seriousness of their violation, shall be disciplined or prosecuted for criminal liability and pay compensation upon physical damage as prescribed by law;

2. The Fund Management Board specifies the form, authority and order for rewarding consideration within the Fund.

Chapter VIII.

IMPLEMENTATION PROVISION

Article 28. Amendment and addition of Charter

The amendment and addition of Fund Charter  must be adopted by …..members of the Fund Management Board;

Article 29. Effect

1. The Fund Charter has...⁽²⁾…Chapter(s)….Article(s) and takes effect since the date of being recognized by ….…⁽⁷⁾...

2. Based on regulations of law on social fund and charitable fund and the Fund Charter  that have been recognized, the Fund Management Board ...⁽²⁾...are responsible for implementation of this Charter./.

Note:

^(*) Based on the specific conditions, the fund may be added with a number of articles in accordance with regulations of law;

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Name of Fund;

⁽³⁾ Social fund, charitable fund and social-charitable fund;

⁽⁴⁾ Specific purpose of fund based on the provisions in Article 2 of Decree No. 30/2012/ND-CP and regulations of relevant laws;

⁽⁵⁾ Form of capital generation of fund such as: Solicitation of donation and grant from organizations and individuals in the country and abroad…as prescribed by law;

⁽⁶⁾ Activities aimed at main subjects of Fund;

⁽⁷⁾ Comptent agency recognizing the Fund Charter ;

⁽⁸⁾ State management agency related to the main fields of Fund’s operation;

⁽⁹⁾ In the country, inter-province, within provinces, districts and communes;

⁽¹⁰⁾ Specify information about founders: In case where the founders are individuals: Full name, date of birth, nationality, ID card number and place of issue, Passport number; permanent residence. In case where the founders are organizations: name of organization, address of head office, license or decision on establishment and operation; certificate of business registration (if any);

Form 3 - Commitment to contributed property for fund establishment

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

COMMITMENT

Contributed property for fund establishment ...⁽¹⁾…

As prescribed in the Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on organization and operation of social fund, charitable fund and regulations of relevant laws; The Fund Foundation Board...⁽¹⁾...shall commit the amount of money and property converted to Vietnam dong for contribution to establish the Fund;

1. Total value of money and property: ……………………………………….. dong

(in words: …………………………………………………………………………………..)

2. Cash expected to be transferred to the Fund account after establishment

Amount: …………………………………………………………………………….. dong

(in words: ………………………………………………………………………………….)

The Fund Foundation Board commit that the amount of money and contributed property to establishment the Fund belong to the legal ownership of …⁽²⁾….without any dispute and this commitment is totally voluntary. We shall take responsibility before law for the content of commitment of the Fund Foundation Board. All of the property whose ownership shall be transferred to the Fund...⁽¹⁾...right after there is a Decision to issue the License of establishment and recognition of Fund Charter  as prescribed by law;

Note:

⁽¹⁾ Name of fund expected to be established;

⁽²⁾ Fund fouders or foreign citizens or organizations contributing property with Vietnamese citizens or organizations to establish fund;

⁽³⁾ Geographical name.

Form 4 - Written request for extension of time to transfer the ownership of contributed property

To: ……….…⁽³⁾……………….

date … month …. 20……, ...(3)... With a Decision to issue license of establishment and recognition of Fund Charter  ...⁽¹⁾...,

As prescribed in Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on organization and operation of social fund and charitable fund; property contributed to establish fund must be transferred to the ownership of fund within 45 (forty five) working days after the fund has been issued with license of establishment and its Chapter has been recognized;

However, ………………………………………….. ⁽⁴⁾ ……………………………………

For the above objective reasons, we kindly request …⁽³⁾…to consider and permit the extension of time to transfer the ownership of property contributed for establishment of Fund to …⁽⁵⁾...

Contact informationContact information:

Full name: .................................................................................................................

Contact address: ......................................................................................................

Tel: ..........................................................................................................................

Note:

⁽¹⁾ Name of fund mentioned above;

⁽²⁾ Geographical name;

⁽³⁾ Name of agency having authority to permit the Fund establishment;

⁽⁴⁾ Specify the objective reason for failing to transfer the ownership of property;

⁽⁵⁾ Specify date, month and year; not exceeding the time limit specified at Point b, Clause 1, Article 17 of Decree No. 30/2012/ND-CP.

Form 5 - Application for change of license of establishment and recognition of Fund Charter (amended and added)

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION

For change of license of establishment and recognition of Charter (amended and added) of Fund...⁽¹⁾...

To : …………..⁽²⁾…………………

As prescribed in Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on organization and operation of social fund and charitable fund and regulations of relevant laws; the Fund Management Board...⁽¹⁾…requests...⁽²⁾... to consider and decide the change of License of establishment and recognition of Fund Charter as follows:

1. Basic information on the Fund..........

2. Reason for change.........................................

3. Contents to be changed..............................

4. Dossier attached to this application includes:

…………………………………………………. ⁽³⁾ …………………………………………

5. Other relevant documents (if any) Relevant documents (if any)

Contact information:

Full name: ..................................................................................................................

Contact address: .......................................................................................................

Tel: ..........................................................................................................................

Note:

⁽¹⁾ Name of Fund under the decision to issue License of establishment and recognition of Fund Charter;

⁽²⁾ Name of agency having authority to permit the Fund establishment;

⁽³⁾ Fully ensuring under provisions in Article 18 of Decree No. 30/2012/ND-CP;        

⁽⁴⁾ Geographical name.

Form 6 - Application for re-issue of license of establishment and recognition of Fund Charter

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION

for re-issue of license of establishment and recognition of Charter of

Fund ………..⁽¹⁾………….

To: ……..…⁽²⁾………..

As prescribed in the Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on organization and operation of social fund, charitable fund and regulations of relevant laws; the Fund Management Board ...⁽¹⁾...request ...⁽²⁾...to consider and decide the re-issue of License of establishment and recognition of Fund Charter as follows:

1. Basic information on the Fund.............

2. Reasons for re-issue.......................

3. Dossier attached to this application includes:

…………………………………………………. ⁽³⁾ …………………………………………

4. Other relevant documents (if any)

Contact information:

Full name: ..................................................................................................................

Contact address: .......................................................................................................

Tel: ..........................................................................................................................

Note:

⁽¹⁾ Name of Fund under the decision to issue License of establishment and recognition of Fund Charter;

 ⁽²⁾ Name of agency having authority to permit the Fund establishment;

 ⁽³⁾ Fully ensuring under provisions in Article 18 of Decree No. 30/2012/ND-CP;

⁽⁴⁾ Geographical name. 

Form 7 - Announcement of establishment and operation of branch (representative office) of the Fund

ANNOUNCEMENT

Establishment and operation of branch (or representative office) of the Fund

As prescribed in the Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on organization and operation of social fund, charitable fund and regulations of relevant laws; the Fund Management Board ...⁽¹⁾...announces the establishment and operation of branch (or representative office) of the Fund at ...⁽³⁾...as follows:

1. Information about the Fund

- Name of Fund: ...............................................................................................................................

- Address of Fund’s head office:………..

- Guiding principles and purposes of Fund: ....................................................................................................

- Main fields of Fund’s operation:...................

-  Fund’s scope of operation:....................................

2. Information on the branch (or representative office) of the Fund

- Name of branch (or representative office):...............................

- Address of branch (or representative office):..................................

-Scope of operation of branch (or representative office):..................................  

3. Information on the head of branch (or representative office)

- Full name:.......................................

- Permanent address: .................................................................................................

- ID Card or Passport No.:............................

Place of issue......... date... month... year ...

4. Dossier attached to this application includes:

………..………………………………………………..⁽⁴⁾……………………………………

Note:

⁽¹⁾ Name of Fund under the decision to issue License of establishment and recognition of Fund Charter;

⁽²⁾ Geographical name;

⁽³⁾ Name of locality where the branch (or representative office) of Fund is located;

⁽⁴⁾  Fully ensuring under provisions in Clause 4, Article 29 of Decree No. 30/2012/ND-CP;

Form 8 - Application for dissolution

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

Application for dissolution of Fund...⁽¹⁾...

To: …….…⁽²⁾………..

As prescribed in the Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on organization and operation of social fund, charitable fund and regulations of relevant laws; the Fund Management Board ...⁽¹⁾...has has a Resolution on Fund dissolution.

1. Basic information on the Fund..............

2. Reason for dissolution of Fund.......................

3. Dossier attached to this application includes:

……………………………………………………….⁽³⁾………………………………………

4. Relevant documents (if any)

Contact information:

Full name:……………

Contact address: .........................................................................................................

Tel: ..........................................................................................................................

The Fund Management Board …⁽¹⁾…requests …⁽²⁾….to consider and decide the dissolution of Fund as prescribed by law./.

Note:

⁽¹⁾ Balance of Fund mentioned above;

⁽²⁾ Name of agency having authority to permit the Fund establishment;

 ⁽³⁾ Fully ensuring under provisions in Clause 3, Article 33 of Decree No. 30/2012/ND-CP;    

⁽⁴⁾ Geographical name.

Form 9 - Application for fund renaming

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

Application for renaming Fund …⁽¹⁾…into Fund…⁽²⁾…

To: ………….⁽³⁾……………

As prescribed in the Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on organization and operation of social fund, charitable fund and regulations of relevant laws; the Fund Management Board...⁽¹⁾... has has a Resolution on renaming Fund …⁽¹⁾…into Fund…⁽²⁾…

1. Basic information on Fund..............................................................................

2. Reason for renaming...................................

3. Dossier attached to this application includes:

……………………………………………………. ⁽⁴⁾ ……………………………………

4. Other relevant documents (if any)

Contact information:

Full name: ..............................................................................................................

Contact address: ...................................................................................................

Tel: .........................................................................................................................

The Fund Management Board …⁽¹⁾… requests …⁽³⁾…to consider, decide the permission for the renaming of Fund …⁽¹⁾…into Fund…⁽²⁾…

Note:

⁽¹⁾ Name of Fund mentioned above;

⁽²⁾ Name of Fund after renaming;

⁽³⁾ Name of agency having authority to permit the Fund establishment;

⁽⁴⁾ Fully ensuring under provisions at Point b, Clause 4, Article 36 of Decree No. 30/2012/ND-CP;

⁽⁵⁾ Geographical name.

Form 10 - Application for fund separation

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

Application for separation of Fund…⁽¹⁾…into Fund…⁽¹⁾…and Fund …⁽²⁾…

To: …………⁽³⁾………….

As prescribed in the Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on organization and operation of social fund, charitable fund and regulations of relevant laws; the Fund Management Board...⁽¹⁾...has had a Resolution on separation of Fund …⁽¹⁾…into Fund …⁽¹⁾…and Fund …⁽²⁾…

1. Basic information on Fund ................................................................................

2. Reason for Fund separation......................................

3. Dossier attached to this application includes:

………………………………………………………. ⁽⁴⁾ ……………………………………

4. Other relevant documents (if any)

Contact information:

Full name: ..................................................................................................................

Contact address: .......................................................................................................

Tel: ..........................................................................................................................

The Fund Management Board …⁽¹⁾… requests…⁽³⁾…to consider and decide the permission for separation of Fund …⁽¹⁾…into Fund …⁽¹⁾…and Fund …⁽²⁾…

Note:

⁽¹⁾ Name of Fund mentioned above;

⁽²⁾ Name of Fund newly separated;

⁽³⁾ Name of agency having authority to permit the Fund establishment;

⁽⁴⁾ Fully ensuring under provisions in Clause 3, Article 36 of Decree No. 30/2012/ND-CP;

⁽⁵⁾ Geographical name.

Form 11 - Application for fund division

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION

for division of Fund …⁽¹⁾…into Fund …⁽²⁾…and Fund …⁽³⁾…

To: ………..⁽⁴⁾…………

As prescribed in the Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on organization and operation of social fund, charitable fund and regulations of relevant laws; the Fund Management Board...⁽¹⁾...has had a Resolution on division of Fund …⁽¹⁾…into Fund …⁽²⁾…and Fund …⁽³⁾…

1. Basic information on Fund.....................................................

2. Reason for Fund division........................

3. Dossier attached to this application includes:

…………………………………………………….. ⁽⁵⁾ ……………………………

4. Other relevant documents (if any)

Contact information:

Full name:...................................................................

Contact address:.........................................................................................

Tel:...............................................................................

The Fund Management Board …⁽¹⁾… requests…⁽⁴⁾…to consider and decide the permission for division of Fund …⁽¹⁾…into Fund …⁽²⁾…and Fund …⁽³⁾…and recognize the Charter of Fund …⁽²⁾...and Fund …⁽³⁾... /.

Note:

⁽¹⁾ Name of Fund mentioned above;

⁽²⁾⁽³⁾ Name of new Fund after division;

⁽⁴⁾ Name of agency having authority to permit the Fund establishment;

⁽⁵⁾ Fully ensuring under provisions in Clause 3, Article 36 of Decree No. 30/2012/ND-CP;

⁽⁶⁾ Geographical name.

Form 12 - Application for Fund consolidation

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

Application for consolidation of Fund …⁽¹⁾…and Fund …⁽²⁾…into Fund …⁽³⁾…

To: ………..⁽⁴⁾………..

As prescribed in the Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on organization and operation of social fund, charitable fund and regulations of relevant laws; the Fund Management Board...⁽¹⁾...and Fund …⁽²⁾… has had a Resolution on consolidation of two Funds into Fund …⁽³⁾…

1. Basic information on consolidated Funds .....................................................

2. Reasons for fund consolidation............................

3. Dossier attached to this application includes:

…………………………………………………………… ⁽⁵⁾ ……………………………

4. Other relevant documents (if any).

Contact information:

Full name: .............................................................................................................

Contact address: ...................................................................................................

Tel: ..........................................................................................................................

We kindly request  …⁽⁴⁾…to consider and decide the permission for consolidation of Fund…⁽¹⁾…and Fund…⁽²⁾…into Fund…⁽³⁾…and recognize the Charter of Fund…⁽³⁾…/.

Note:

⁽¹⁾⁽²⁾ Funds to be consolidated;

⁽³⁾ Name of new fund after consolidation;

⁽⁴⁾ Name of agency having authority to permit the Fund establishment;

⁽⁵⁾ Fully ensuring under provisions in Clause 3, Article 36 of Decree No. 30/2012/ND-CP;

⁽⁵⁾ Geographical name.

Form 13 - Application for Fund merger

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION

for merger of Fund ...⁽¹⁾...with Fund ...⁽²⁾...

To: ……….⁽³⁾...........

As prescribed in the Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on organization and operation of social fund, charitable fund and regulations of relevant laws; the Fund Management Board...⁽¹⁾...and Fund Management Board …⁽²⁾… has had a Resolution on merger of Fund …⁽¹⁾… with Fund …⁽³⁾… the Fund Management Board...⁽²⁾...would like  to report as follows:

1. Basic information on the Funds

a) Fund to be merged.........................

b) Fund receiving merger....................................................

2. Reason for merger....................................

3. Dossier attached to this application includes:

……………………………………………………………… ⁽⁴⁾ ……………………………

4. Other relevant documents (if any)

Contact information:

Full name: ................................................................................................................

Contact address: .....................................................................................................

Tel: ..........................................................................................................................

We kindly request  …⁽⁴⁾…to consider and decide the permission for consolidation of Fund…⁽¹⁾…and Fund…⁽²⁾…into Fund…⁽³⁾…and recognize the Charter of Fund…⁽³⁾…/.

Note:

⁽¹⁾ Fund to be merged;

⁽²⁾ Fund receiving merger;

⁽³⁾ Name of agency having authority to permit the Fund establishment;

⁽⁴⁾ Fully ensuring under provisions in Clause 3, Article 36 of Decree No. 30/2012/ND-CP;

⁽⁵⁾ Geographical name.

Form 14 - Application for resume of fund operation

SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------

APPLICATION

for resume of Fund’s operation …⁽¹⁾…

To: …………⁽²⁾…………

Date….month….year…, …⁽²⁾…With Decision No. …dated ….on temporary suspension of operation of …month(s) against the Fund ...⁽¹⁾... To date, the Fund has remedied these mistakes which have lead to its temporary suspension of operation funds operations. Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on the organization and operation of social fund and charity fund and the regulations of the relevant law, the Fund Management Board would like to report as follows:

1. Summarize contents of mistake and result of remedy of mistake of Fund

................................................................................................................................

2. Dossier attached to this application includes:

…………………………………………………… ⁽³⁾....................................................

3. Documents (if any)

Contact information:

Full name: ..............................................................................................................

Contact address: ...................................................................................................

Tel: .........................................................................................................................

The Fund Management Board requests ...⁽²⁾...to consider and decide the permission for resume of Fund’s operation

Note:

⁽¹⁾ Name of fund mentioned above;

⁽²⁾ Name of agency having authority to permit the Fund establishment;

⁽³⁾ Fully ensuring under provisions in Clause 3, Article 37 of Decree No. 30/2012/ND-CP;

⁽⁴⁾ Geographical name.

Form 15 - Report on Fund’s mistakes leading to its temporary suspension of operation

REPORT

Fund …⁽¹⁾…has remedied mistakes leading to its temporary suspension of operation

Date….month….year…, …⁽²⁾…With Decision No. …⁽⁴⁾… on temporary suspension of operation of …month(s) against the Fund ...⁽¹⁾... To date, the Fund has remedied these mistakes. Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government on the organization and operation of social fund and charity fund and the regulations of the relevant law, the Fund Management Board would like to report as follows:

1. Contents of Fund’s mistake......................

2. Result of Fund’s remedy of mistake of Fund.......

Above is the content of report on Fund’s remedy of mistakes leading to its temporary suspension of operation.

Note:

⁽¹⁾ Name of fund reported;

⁽²⁾ Geographical name;

⁽³⁾ Name of comptent agency permitting the establishment

⁽⁴⁾ Specify number, symbol, date, month and year of issue of decision;

⁽⁵⁾ Specify a number of months of temporary suspension of operation

Form 16 - Report on Fund’s organization and operation

REPORT

on organization and operation of year….

1. Fund’s activities

………………………………………………………… ⁽³⁾..................................................

2. Fund’s organization

………………………………………………………… ⁽⁴⁾..................................................

3. Fund’s property and finance

a) Fund’s property…………………………………⁽⁵⁾......................

b) Fund’s source of revenue ......................................................................................

- Funds transferred from previous year........................................................................

- Revenues generated in the year ....................................................

In which:

+ Revenue from volunteer contribution and grant from domestic organizations and individuals .........................................

+ Revenue from volunteer contribution and grant from foreign organizations and individuals........................................

+ Revenue from other sources....................................................................................

- Total revenue in the year.................................................

c) Contents of expenditure of Fund (Vietnam dong)

- Expenditure for Fund’s activities.............

- Expenditure for Fund management .......................................................................

- Total expenditure in the year.............................

4. Recommendations and proposals (if any).....

Note

⁽¹⁾ Name of fund reported;

⁽²⁾ Geographical name;

⁽³⁾ The outstanding activities of Fund, the compliance with law and implementation of Fund Charter;

⁽⁴⁾ The organizational consolidation of the fund, a number of people working at the fund; the implementation of duties and powers of organizations, persons holding position of fund managers; the formulation, issuance and implementation of regulations on operation of Fund….;

⁽⁵⁾ Head office, means and equipment in service of Fund’s operation; increase or decrease compared with last year.

APPENDIX II

LIST OF WRITTEN PRESENTATION FORM APPICABLE TO STATE MANAGEMENT AGENCY
(Together with Circular No. 02/2013/TT-BNV dated April 10, 2013 of the Minister of Interior)

Form 1 - Dossier receipt slip

Form 2 - Decision to issue License of establishment and recognition of Fund Charter

Form 3 - Decision to recognize the Fund’s eligibility for operation and members of the Fund Management Board

Form 4 - Decision to recognize the members of the Fund Management Board

Form 5 - Decision to revoke License of establishment and recognition of Fund Charter

Form 6 - Decision to permit the renaming and recognize the Fund Charter (amended and added)

Form 7 - Decision to recognize the Fund Charter (amended and added)

Form 8 - Decision to permit the Fund division

Form 9 - Decision to permit the Fund separation

Form 10 - Decision to permit the Fund consolidation

Form 11 - Decision to permit the Fund merger

Form 12 - Decision on Fund dissolution

Form 13 - Decision on temporary suspension of operation and use of Fund’s seal

Form 14 - Decision to permit the resume of Fund after its temporary suspension of operation

Form 15 - Annual report on organization, operation and management of social fund and charitable fund

Form 1 - Dossier receipt slip

DOSSIER RECEIPT SLIP

Full name: ..................................................................................................................

Position, place of working: .........................................................................................

Received dossier from Mr (Mrs): ...............................................................................

Address:...................................................

Tel::......................................................

Subject:..........................................................

Dossier includes:⁽⁴⁾

1. ..................................................................................................................................

2. ..................................................................................................................................

3. ..................................................................................................................................  

......................................................................................................................................

................................................................................................................................... ./.

Note:

⁽¹⁾ Name of direct line agency or organization;

⁽²⁾ Name of agency or organization receiving dossier;

⁽³⁾ Geographical name;

⁽⁴⁾ List all documents in dossier

Form 2 - Decision to issue License of establishment and recognition of Fund Charter

DECISION

to issue License of establishment and recognition of Fund Charter…⁽³⁾…

ISSUE AUTHORITY ⁽⁴⁾

Pursuant to……………………………………….⁽⁵⁾..........................

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to ……………………………………… ⁽⁶⁾...................................................... ;

Considering the proposals from founders of Fund …⁽³⁾… and…⁽⁷⁾ …,

DECIDES:

Article 1. Issue the License of establishment and recognition of Fund Charter ...⁽³⁾...issued together with this Decision.

Article 2. Fund...⁽³⁾...is given permission for operation after the ...⁽⁸⁾...recognizes the Fund is eligible for operation and the members of the Fund Management Board are recognized under the Fund Charter and regulations of law;

The Fund is under the state management of ...⁽⁹⁾... and ...⁽¹⁰⁾...in relation to the field of operation of Fund.

Fund …⁽³⁾…has its separate legal status, seal and account and ensures self-funding and facilities of operations;

Article 3. This Decision takes effect on the date of signature.

Article 4. Head of Fund Foundation Board and Chairman of Fund Management Board ...⁽³⁾..., …⁽⁷⁾... and ...⁽¹¹⁾...are liable to execute this Decision.

Note:

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

⁽³⁾ Name of Fund;

⁽⁴⁾ Head of agency or organization issuing documents;

⁽⁵⁾ Document defining functions, duties and power of agency or organization issuing documents;

Document defining functions, duties and power of agency or organization issuing documents;

⁽⁶⁾ Other legal documents directly related to the authority to permit the establishment of social fund and charitable fund: Circular guiding Decree No. 30/2012/ND-CP deciding the authorization for permitting the establishment of fund (if any) ...;

⁽⁷⁾ Head of agency submitting document;

 ⁽⁸⁾ Competent agency permitting the fund establishment;

 ⁽⁹⁾ State management agency at the same level with the comptent agency issuing License of fund establishment or the state management agency of the comptent agency issuing License of fund establishment managing the main sector and field of operation of Fund;

⁽¹⁰⁾ State management agencies at the same level with the competent agency issuing License of fund establishment or the state management agency of the competent agency issuing License of fund establishment in relation to the field of operation of Fund;

⁽¹¹⁾ Chief of office of agency issuing the decision;

Form 3 - Decision to recognize the Fund’s eligibility for operation and members of the Fund Management Board

DECISION

to recognize the Fund’s eligibility for operation and members of the Fund Management Board …⁽³⁾…

ISSUE AUTHORITY ⁽⁴⁾

Pursuant to  …………………………………………..⁽⁵⁾............................................... '

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to ……………………………………… ⁽⁶⁾.................................................... ;

Considering the proposals from the Fund Management Board  …⁽³⁾… and…⁽⁷⁾ …,

DECIDES:

Article 1. Recognizing that the Fund...⁽³⁾...is eligible for operation

Article 2. Recognizing that the Fund Management Board …⁽³⁾…of tenure …⁽⁸⁾… including the following persons:

1. Mr (Mrs) ………………………….⁽⁹⁾……………………, ………..⁽¹⁰⁾....................... ;

2. ……………………………………………………………., .......................................

.................................................................................................................................

Article 3. This Decision takes effect on date of signature;

Article 4. Chairman of the Fund Management Board...⁽³⁾..., ...⁽⁷⁾..., …⁽¹¹⁾…and Messrs. and Mesdames named in Article 2 are liable to execute this Decision.

Note:

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

⁽³⁾ Name of Fund;

⁽⁴⁾ Head of agency or organization issuing documents;

⁽⁵⁾ Document defining functions, duties and power of agency or organization issuing documents; Document defining function, duties and power of agency and organization issuing document;

⁽⁶⁾ Other legal documents directly related to the authority to permit the establishment of social fund and charitable fund: Circular guiding Decree No. 30/2012/ND-CP deciding the authorization for permitting the establishment of fund (if any) ...;

⁽⁷⁾ Head of agency submitting document;

 ⁽⁸⁾ Ordinal number and period of tenure, for example: Tenure I (2012-2017);

⁽⁹⁾ Full name;

⁽¹⁰⁾ Title;

⁽¹¹⁾ Chief of office of agency issuing the decision;.

Form 4 - Decision to recognize members of the Fund Management Board ^(*)

DECISION

to recognize members of the Fund Management Board …⁽³⁾…

ISSUE AUTHORITY⁽⁴⁾

Pursuant to …………………………………………..⁽⁵⁾................................................... '

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to ……………………………………… ⁽⁶⁾..................................................... ;

Considering the proposals from the Fund Management Board…⁽³⁾… and…⁽⁷⁾ …,

DECIDES:

Article 1. Recognize the Fund Management Board …⁽³⁾…of tenure…⁽⁸⁾… including the following persons:

1. Mr (Mrs) ………………………….⁽⁹⁾……………………, …………..⁽¹⁰⁾.................... ;

2. ……………………………………………………………., ........................................

..................................................................................................................................

Article 2. This Decision takes effect on date of signature;

Article 3. Chairman of the Fund Management Board...⁽³⁾..., ...⁽⁷⁾..., …⁽¹¹⁾…and Messrs. and Mesdames named in Article 2 are liable to execute this Decision.

Note:

^(*)In case of change of member of the Fund Management Board before the end of tenure, specify full name and position of the replacing person and replaced person as specified in Article 1;

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

⁽³⁾ Name of Fund;

⁽⁴⁾ Head of agency or organization issuing documents;

⁽⁵⁾ Document defining functions, duties and power of agency or organization issuing documents;

Document defining functions, duties and power of agency or organization issuing documents;

⁽⁶⁾ Other legal documents directly related to the authority to permit the establishment of social fund and charitable fund: Circular guiding Decree No. 30/2012/ND-CP deciding the authorization for permitting the establishment of fund (if any) ...;

⁽⁷⁾ Head of agency submitting document;

 ⁽⁸⁾ Ordinal number and period of tenure, for example: Tenure I (2012-2017);

⁽⁹⁾ Full name;

⁽¹⁰⁾ Title;

⁽¹¹⁾ Chief of office of agency issuing the decision;

Form 5 - Decision to revoke License of establishment and recognition of Fund Charter

DECISION

to revoke License of establishment and recognition of Fund Charter ...⁽³⁾...

ISSUE AUTHORITY ⁽⁴⁾

Pursuant to …………………………………………..⁽⁵⁾.......................................... '

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to …………………………⁽⁶⁾.................................................................. ;

Considering the proposal of…………………………...⁽⁷⁾.......................

DECIDES:

Article 1. Retrieving Decision No. ….dated….of……on the issue of License of establishment and recognition of Fund Charter ...⁽³⁾... by .. ⁽⁸⁾...

Article 2. The Fund...⁽³⁾...is responsible for returning its seal to …⁽⁹⁾…

Article 3. This Decision takes effect on the date of signature.

Article 4....⁽¹⁰⁾..., ...⁽⁷⁾... và ...⁽¹¹⁾... are liable to execute this Decision. 

Note:

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

⁽³⁾ Name of Fund;

⁽⁴⁾ Head of agency or organization issuing documents;

⁽⁵⁾ Document defining functions, duties and power of agency or organization issuing documents;

⁽⁶⁾ Other relevant legal documents;

⁽⁷⁾ Head of agency submitting document;

⁽⁸⁾ Reasons for revocation (under the provisions in Article 17 of Decree No. 30/2012/ND-CP);

⁽⁹⁾ Name of competent agency as prescribed by law on management and use of seal;

⁽¹⁰⁾ Organizations and individuals concerned;

⁽¹¹⁾ Chief of office of agency issuing the decision;

Form 6 - Decision to permit the renaming and recognize the Fund Charter (amended and added)

DECISION

to permit the renaming of Fund …⁽³⁾…into Fund ...⁽⁴⁾…and recognize the Fund Charter (amended and added) ...⁽⁴⁾...

ISSUE AUTHORITY ⁽⁵⁾

Pursuant to …………………………………………..⁽⁵⁾................................................ '

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to …………………………………….⁽⁷⁾........................................................

Considering the proposal of Fund Management Board …⁽³⁾… and …⁽⁸⁾…,

DECIDES

Article 1. Permit the renaming of Fund…⁽³⁾…into Fund …⁽⁴⁾… and recognize the Fund Charter (amended and adding) …⁽⁴⁾…issued together with this Decision;

Article 2. This Decision takes effect on the date of signature.

Article 3. Chairman of Management Board of Fund ...⁽⁴⁾...and…⁽⁸⁾…are liable to execute this Decision.

Note:

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

⁽³⁾ Name of fund to be renamed;

⁽⁴⁾ Name of fund after renamed;

⁽⁵⁾ Head of agency or organization issuing documents;

⁽⁶⁾ Document defining functions, duties and power of agency or organization issuing documents;

⁽⁷⁾ Other relevant legal documents;

⁽⁸⁾ Head of agency submitting document;

⁽⁹⁾ Chief of office of agency issuing the decision;

Form 7 - Decision to recognize the Fund Charter (amended and added)

DECISION

to recognize the Fund Charter (amended and added)…⁽³⁾…

ISSUE AUTHORITY⁽⁴⁾

Pursuant to …………………………………………..⁽⁵⁾................................................ '

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to ……………………………………………….⁽⁶⁾.........................................

Considering the proposal of Fund Management Board …⁽³⁾… and …⁽⁷⁾…,

DECIDES:

Article 1. Recognize the Charter (amended and added) of …⁽⁸⁾....time of Fund...⁽³⁾...issued together with this Decision;

Article 2. This Decision takes effect on the date of signature.

Article 3. Chairman of Management Board of Fund ...⁽³⁾..., …⁽⁷⁾… and …⁽⁹⁾…is liable to execute this Decision.

Note:

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

⁽³⁾ Name of Fund;

⁽⁴⁾ Head of agency or organization issuing documents;

⁽⁵⁾ Document defining functions, duties and power of agency or organization issuing documents;

⁽⁶⁾ Other relevant legal documents;

⁽⁷⁾ Head of agency submitting document;

⁽⁸⁾ Specify the number of time of amending and adding the Fund Charter;

⁽⁹⁾ Chief of office of agency issuing the decision;.

Form 8 - Decision to permit the Fund division

DECISION

On division of Fund...⁽³⁾...  into Fund …⁽⁴⁾...and Fund…⁽⁵⁾… and recognition of Charter of Fund ...⁽⁴⁾... and Fund ...⁽⁵⁾…

ISSUE AUTHORITY ⁽⁶⁾

Pursuant to …………………………………………..⁽⁷⁾............................................... '

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to ……………………………………………….⁽⁸⁾.........................................

Considering the proposal of Fund Management Board …⁽³⁾… and …⁽⁷⁾…,

DECIDES:

Article 1. Permit the division of Fund …⁽³⁾…into Fund …⁽⁴⁾…and Fund…⁽⁵⁾…and recognize the Charter of Fund ...⁽⁴⁾... and Fund...⁽⁵⁾...  issued together with this Decision;

Article 2. Within 30 (thirty) days after the effective date of this Decision, Fund…⁽³⁾…shall transfer its property, finance, organization, personnel, rights and obligations to Fund ...⁽⁴⁾... and...⁽⁵⁾...and terminate its existence and operation and return its seal to the competent agency as prescribed by law;

Article 3. Fund ...⁽⁴⁾... and Fund …⁽⁵⁾…are given permission for operation after having been given a recognition of eligibility for operation and members of Fund Management Board by ...⁽¹⁰⁾... under the Fund Charter and regulations of law;

Fund...⁽⁴⁾...  and Fund …⁽⁵⁾…are under the state management of …⁽¹¹⁾… and …⁽¹²⁾… related to the field of operation of Fund;

Fund …⁽⁴⁾… and Fund …⁽⁵⁾…have separate legal status, seal and account and ensures self-funding and facilities of operation;

Article 4. This Decision takes effect on the date of signature.

Article 5. The Management Board of Fund …⁽³⁾…, Fund …⁽⁴⁾…, Fund…⁽⁵⁾…, …⁽⁹⁾… and …⁽¹³⁾…are liable to execute this Decision.

Note:

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

⁽³⁾ Name of Fund to be divided;

^{(4) (5)} Name of newly-divided Fund;

⁽⁶⁾ Head of agency or organization issuing documents;

⁽⁷⁾ Document defining functions, duties and power of agency or organization issuing documents;

⁽⁸⁾ Other legal documents directly related to the authority to permit the establishment of social fund and charitable fund: Circular guiding Decree No. 30/2012/ND-CP deciding the authorization for permitting the establishment of fund (if any) ...;

 ⁽⁹⁾ Head of agency submitting document;

⁽¹⁰⁾ Competent agency permitting the fund establishment;;

Competent agency permitting the fund establishment;

⁽¹¹⁾ State management agency at the same level with the comptent agency issuing License of fund establishment or the state management agency of the comptent agency issuing License of fund establishment managing the main sector and field of operation of Fund;

⁽¹²⁾ State management agencies at the same level with the competent agency issuing License of fund establishment or the state management agency of the competent agency issuing License of fund establishment in relation to the field of operation of Fund;

⁽¹³⁾ Chief of office of agency issuing the decision;.

Form 9 - Decision to permit the Fund separation

DECISION

On separation of Fund...⁽³⁾...  into Fund ...⁽³⁾... and Fund ...⁽⁴⁾...and recognition of Charter (amended and added) of Fund ...⁽³⁾... and Fund ...⁽⁴⁾...

ISSUE AUTHORITY⁽⁵⁾

Pursuant to …………………………………………..⁽⁶⁾.............................................. '

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to ……………………………………………….⁽⁷⁾........................................

Considering the proposal of Fund Management Board …⁽³⁾… and …⁽⁸⁾…,

DECIDES:

Article 1. Permit the separation of Fund ...⁽³⁾...into Fund ...⁽³⁾... and Fund ...⁽⁴⁾...

Article 2. Recognize the Charter (amended and added) of Fund ...⁽³⁾... and Fund ...⁽⁴⁾...issued together with this Decision;

Article 3. Within 30 (thirty) days after the effective date of this Decision, the Fund ...⁽³⁾...shall transfer a part of property, finance, organization, personnel, right and obligations to the Fund...⁽⁴⁾...

Article 4. The Fund ...⁽⁴⁾...is given permission for operation after having been given a recognition of eligibility for operation and members of Fund Management Board by ...⁽⁹⁾... under the Fund Charter and regulations of law;

The Fund is under the state management of ...⁽¹⁰⁾... and ...⁽¹¹⁾...in relation to the field of operation of Fund.

Fund …⁽⁴⁾…has its separate legal status, seal and account and ensures self-funding and facilities of operations;

Article 5. This Decision takes effect on the date of signature.

Article 6. Chairman of Management Board of Fund ...⁽³⁾...and …⁽⁴⁾…are liable to execute this Decision.

Note:

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

⁽³⁾ Name of fund to be separated;

⁽⁴⁾ Name of newly-separated Fund;

⁽⁵⁾ Head of agency or organization issuing documents;

⁽⁶⁾ Document defining functions, duties and power of agency or organization issuing documents;

⁽⁷⁾ Other legal documents directly related to the authority to permit the establishment of social fund and charitable fund: Circular guiding Decree No. 30/2012/ND-CP deciding the authorization for permitting the establishment of fund (if any) ...;

⁽⁸⁾ Head of agency submitting document;

⁽⁹⁾ Competent agency permitting the fund establishment;

⁽¹⁰⁾ State management agency at the same level with the comptent agency issuing License of fund establishment or the state management agency of the comptent agency issuing License of fund establishment managing the main sector and field of operation of Fund;

⁽¹¹⁾ State management agencies at the same level with the competent agency issuing License of fund establishment or the state management agency of the competent agency issuing License of fund establishment in relation to the field of operation of Fund;

⁽¹²⁾ Chief of office of agency issuing the decision;.

Form 10 - Decision to permit the Fund consolidation

DECISION

on consolidation of Fund …⁽³⁾... and Fund …⁽⁴⁾...into Fund …⁽⁵⁾... and recognition of Charter of Fund …⁽⁵⁾...

ISSUE AUTHORITY ⁽⁶⁾

Pursuant to ……………………………………………⁽⁷⁾............................................... ;

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to ……………………………………………⁽⁸⁾.............................................. ;

Considering the proposal of Chairman of Management Board of Fund…⁽³⁾..., Fund …⁽⁴⁾... and…⁽⁹⁾...,

DECIDES:

Article 1. Permit the consolidation of Fund …⁽³⁾... and Fund ...⁽⁴⁾...into Fund ...⁽⁵⁾...and recognize the Charter of Fund ...⁽⁵⁾....issued together with this Decision;

Article 2.

Within 30 (thirty) days after the effective date of this Decision, Fund…⁽³⁾…and Fund …⁽⁴⁾... shall transfer its property, finance, organization, personnel, rights and obligations to Fund ...⁽⁵⁾... and terminate its existence and operation and return its seal to the competent agency as prescribed by law;

Article 3. Fund …⁽⁵⁾…is given permission for operation after having been given a recognition of eligibility for operation and members of Fund Management Board by ...⁽¹⁰⁾... under the Fund Charter and regulations of law and is under the state management of …⁽¹¹⁾... and…⁽¹²⁾...in relation to field of operation of Fund;

Fund …⁽⁵⁾…has its separate legal status, seal and account and ensures self-funding and facilities of operations;

Article 4. This Decision takes effect on the date of signature.

Article 5. Chairman of Management Board of Fund ...⁽³⁾..., Fund …⁽⁴⁾..., Fund …⁽⁵⁾..., …⁽⁹⁾..., và …⁽¹³⁾... are liable to execute this Decision.

Note:

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

^{(3) (4)} Name of fund to be consolidated;

⁽⁵⁾ Name of newly-consolidated Fund;

⁽⁶⁾ Head of agency or organization issuing documents;

⁽⁷⁾ Document defining functions, duties and power of agency or organization issuing documents;

⁽⁸⁾ Other legal documents directly related to the authority to permit the establishment of social fund and charitable fund: Circular guiding Decree No. 30/2012/ND-CP deciding the authorization for permitting the establishment of fund (if any) ...;

⁽⁹⁾ Head of agency submitting document;

⁽¹⁰⁾ Competent agency permitting the fund establishment;

⁽¹¹⁾ State management agency at the same level with the comptent agency issuing License of fund establishment or the state management agency of the comptent agency issuing License of fund establishment managing the main sector and field of operation of Fund;

⁽¹²⁾ State management agencies at the same level with the competent agency issuing License of fund establishment or the state management agency of the competent agency issuing License of fund establishment in relation to the field of operation of Fund;

⁽¹³⁾ Chief of office of agency issuing the decision; 

Form 11 - Decision to permit the Fund merger

DECISION

On merger of Fund...⁽³⁾...with Fund ...⁽⁴⁾...and recognition of Charter (amended and added) of Fund ...⁽⁴⁾...

ISSUE AUTHORITY⁽⁵⁾

Pursuant to …………………………… ⁽⁶⁾.............................................................. ;

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to …………………………………………….⁽⁷⁾........................................ ;

Considering the proposal of Chairman of Management Board of Fund…⁽³⁾..., Fund …⁽⁴⁾... and…⁽⁸⁾...,

DECIDES:

Article 1. Permit the merger of Fund …⁽³⁾... with Fund ...⁽⁴⁾...and recognize the Charter of Fund ...⁽⁴⁾....issued together with this Decision;

Article 2. Within 30 (thirty) days after the effective date of this Decision, Fund…⁽³⁾…and Fund …⁽³⁾... shall transfer its entire property, finance, organization, personnel, rights and obligations to Fund ...⁽⁴⁾... and terminate its existence and operation and return its seal to the competent agency as prescribed by law;

Article 3. This Decision takes effect on the date of signature.

Article 4. Chairmen of Management Board of Fund ...⁽³⁾..., Fund …⁽⁴⁾..., Fund …⁽⁸⁾...and …⁽⁹⁾...are liable to execute this Decision.

Note:

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

⁽³⁾ Name of fund merged;

⁽⁴⁾ Name of merge receiving fund;

⁽⁵⁾ Head of agency or organization issuing documents;

⁽⁶⁾ Document defining functions, duties and power of agency or organization issuing documents;

⁽⁷⁾ Other legal documents directly related to the authority to permit the establishment of social fund and charitable fund: Circular guiding Decree No. 30/2012/ND-CP deciding the authorization for permitting the establishment of fund (if any) ...;

⁽⁸⁾ Head of agency submitting document;

⁽⁹⁾ Chief of office of agency issuing the decision;

Form 12 - Decision on Fund dissolutionForm 12 - Decision on Fund dissolution

DECISION

on Fund dissolution…⁽³⁾…

ISSUE AUTHORITY⁽⁴⁾

Pursuant to …………………………… ⁽⁵⁾.............................................................. ;

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to …………………………………………….⁽⁷⁾........................................ ;

Considering the proposal of …⁽⁷⁾... and…⁽⁸⁾...,

DECIDES:

Article 1. Dissolve and retrieve Decision No. ... date ... month…year….of….on issue of License of establishment and recognition of Charter of Fund …⁽³⁾…

Article 2. Fund …⁽³⁾…shall return its seal to the agency ...⁽⁹⁾... and terminate its operation from the effective date of this Decision;

Article 3. This Decision takes effect on the date of signature.

Article 4.

Chairmen of Management Board of Fund ...⁽³⁾..., Fund …⁽⁸⁾... and Fund …⁽¹⁰⁾... are liable to execute this Decision.

Note:

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

⁽³⁾ Name of Fund dissolved;

⁽⁴⁾ Head of agency or organization issuing documents;

⁽⁵⁾ Document defining functions, duties and power of agency or organization issuing documents;

⁽⁶⁾ Other legal documents directly related to the authority to permit the establishment of social fund and charitable fund: Circular guiding Decree No. 30/2012/ND-CP deciding the authorization for permitting the establishment of fund (if any) ...;

⁽⁷⁾ Where the Fund dissolves itself, record that considering the proposal of Chairman of the Fund Management Board for dissolution; where the fund is dissolved, record that considering the result of the competent state agency which concludes that the Fund has violated regulations of law;

⁽⁸⁾ Head of agency submitting document;

⁽⁹⁾ Name of competent agency as prescribed by law on management and use of seal;

⁽¹⁰⁾ Chief of office of agency issuing the decision;.

Form 13 - Decision on temporary suspension of operation and use of Fund’s seal

DECISION

On temporary suspension of operation and use of Fund’s seal…⁽³⁾...

ISSUE AUTHORITY ⁽⁴⁾

Pursuant to …………………………………… ⁽⁵⁾...................................................... ;

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to …………………………………………….⁽⁶⁾........................................... ;

Considering the proposal of …⁽⁷⁾... and…⁽⁸⁾...,

DECIDES:

Article 1. Temporarily suspend the operation and use of seal of Fund ...⁽³⁾...within ...⁽⁹⁾...(From date…month…year to the end of date…month…year…).

Article 2. During the time of temporary suspension, the Fund…⁽³⁾...must not organize activities to solicite donation and receive grant and carry out the grant. The Fund…⁽³⁾...is responsible for hand over its seal to the state management agency as prescribed by law;

Article 3. This Decision takes effect on the date of signature.

Article 4. Chairman of Management Board of Fund ...⁽³⁾..., Fund …⁽⁸⁾... and Fund …⁽¹⁰⁾... are liable to execute this Decision.

Note:

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

⁽³⁾ Name of Fund;

⁽⁴⁾ Head of agency or organization issuing documents;

⁽⁵⁾ Document defining functions, duties and power of agency or organization issuing documents;

⁽⁶⁾ Other relevant legal documents;

⁽⁷⁾ Competent state agency concluding the Fund’s violation of law;

⁽⁸⁾ Head of agency submitting document;

⁽⁹⁾ Specify the duration of the temporary suspension of operation (from 03 to 06 months under the provisions in Article 37 of Decree 30/2012/ND-CP);

⁽¹⁰⁾ Chief of office of agency issuing the decision;.

Form 14 - Decision to permit the resume of Fund after its temporary suspension of operation

DECISION

on permitting the resume of Fund

ISSUE AUTHORITY⁽⁴⁾

Pursuant to …………………………… ⁽⁵⁾.................................................................;

Pursuant to Decree No. 30/2012/ND-CP dated April 12, 2012 of the Government defining the organization and operation of social fund and charitable fund;

Pursuant to …………………………………………….⁽⁶⁾.......................................... ;

Considering the proposal of Chairman of Fund Management Board …⁽³⁾... and…⁽⁷⁾...,

DECIDES:

Article 1. Permit the Fund ...⁽³⁾...to resume its operation since date...month ... năm ...

Article 2. This Decision takes effect on the date of signature.

Article 3.

Chairmen of Management Board of Fund ...⁽³⁾..., Fund …⁽⁷⁾... and Fund …⁽⁸⁾... are liable to execute this Decision.

Note:

⁽¹⁾ Name of agency issuing the Decision;

⁽²⁾ Geographical name;

⁽³⁾ Name of Fund;

⁽⁴⁾ Head of agency or organization issuing documents;

⁽⁵⁾ Document defining functions, duties and power of agency or organization issuing documents;

⁽⁶⁾ Other relevant legal documents;

⁽⁷⁾ Head of agency submitting document;

⁽⁸⁾ Chief of office of agency issuing the decision;.

Form 15 - Annual report on organization, operation and management of social fund and charitable fund ^(*)

REPORT

On organization, operation and management of social fund and charitable fund of the year...⁽³⁾...

I. Organization, operation and management of social fund and charitable fund

1. Organization

a) Total number of funds in the area:.................................

In which:

- Fund with provincial-level scope of operation:.....................................

- Fund with district-level scope of operation:........................................

- Fund with communal-level scope of operation: ...........................................................................................

b) A number of newly established funds in the year: ...........................................................................................

In which:

- Fund with provincial-level scope of operation: .........................................................................................

- Fund with district-level scope of operation:.......................

- Fund with communal-level scope of operation:..................................

c) Total number of people working at the Fund: .............................................................................................

In which:

- Fund with provincial-level scope of operation: .........................................................................................

- Fund with district-level scope of operation:........................

- Fund with communal-level scope of operation:.....................

d) Total number of funds having nation-wide and inter-provincial scope of operation with their branches and representative offices located at locality:

2. Operation

…………………………………………………….. ⁽⁴⁾.................................................

3. Finance

a) Source of funds (Vietnam dong)

- Funds transferred from previous year:.....................

- Revenue generated in the year:............

 In which:

+ Revenue from volunteer contribution and grant from domestic organizations and individuals .........................................

 :........................................

+ Revenue from volunteer contribution and grant from foreign organizations and individuals.........................................

:.......................................

+ Revenue from other sources:...................

- Total revenue in the year: ....................................................................................  

b) Contents of expenditure of Fund (Vietnam dong)

- Expenditure for activities of Fund:........................

- Expenditure for management activities of Fund:...........................

- Total expenditure in the year::.................

II. STATE MANAGEMENT FOR SOCIAL FUND AND CHARITABLE FUND

 (Based on functions, duties and power of agencies and organizations that report the implementation of duties specified in Article 45 of Decree No. 30/2012/ND-CP).

III. GENERAL EVALUATION, RECOMMENDATION AND PROPOSAL

1. Results obtained

...................................................................................................................................

2. Shortcomings and limitations

...................................................................................................................................

3. Recommendation and proposal

...................................................................................................................................

Note:

^(*)Applicable to People’s Committee at all levels, Service of Interior and Division of Interior;

⁽¹⁾ Name of agency making report;

⁽²⁾ Geographical name;

⁽³⁾ Specify the reporting year;

⁽⁴⁾ Specify outstanding and typical activities of funds within management areas;