Quyết định 06/2014/QD-UBND

DECISION

PROMULGATING STATUTE ON MANAGEMENT OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS’ OPERATION IN HANOI CITY

HANOI PEOPLE’S COMMITTEE

Pursuant to the Law on the organization of people’s councils and people’s committees dated November 26, 2003;

Pursuant to the Decision No. 67/2011/QD-TTg dated December 12, 2011 of the Prime Minister promulgating the statute on synchronous management of foreign affairs of people’s committees of provinces or central-affiliated cities;

Pursuant to the Government’s Decree No. 12/2012/ND-CP dated March 01, 2012 of the Prime Minister on registration and management of foreign non­-governmental organizations’ operation in Vietnam;

Pursuant to the Circular No. 05/2012/TT-BNG dated November 12, 2012 of the Ministry of Foreign Affairs guiding implementation of the Government’s Decree No. 12/2012/ND-CP dated March 01, 2012 of the Prime Minister on registration and management of foreign non­-governmental organizations’ operation in Vietnam;

At the request of the Director of Hanoi Department for Foreign Affairs.

DECIDES:

Article 1. This is to promulgate under this Decision the statute on management of foreign non-governmental organizations’ operation in Hanoi City.

Article 2. This Decision shall take effect after 10 days as of the date on which it is signed.

Article 3. The Chief of the Office of Hanoi People’s Committee, Directors of Departments, Heads of boards, regulatory agencies and units affiliated to Hanoi People’s Committee, Chairpersons of people’s committees of districts and towns, and agencies and organizations involved in foreign non-governmental activities in Hanoi City shall implement this Decision./.

REGULATIONS

ON MANAGEMENT OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS’ OPERATION IN HANOI CITY
(Enclosed to the Decision No. 06/2014/QD-UBND dated February 08, 2014 of Hanoi People’s Committee)

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope and regulated entities

1. Scope:

This statute provides for the management of activities of foreign non-governmental organizations (referred to as “NGOs”) and responsibilities of units involved in foreign non-governmental affairs in Hanoi City.

2. Regulated entities:

a. Foreign NGOs that have obtained operation registration certificates/project office registration certificates /representative office registration certificates (referred to as “registration certificate”) and been operating in Hanoi City and NGOs whose activities are not taken place in Hanoi City but offices or working places locate in Hanoi City; social funds, private funds or other non-profit organizations which are established under foreign laws and carry out development assistance and humanitarian aid activities not for profit or other purposes in Hanoi City.

b. Departments, boards, regulatory agencies, districts, towns and units affiliated to Hanoi People’s Committee; socio-professional organizations and associations which are licensed to operate in Hanoi City and other agencies and units (referred to as agencies and organizations) that are involved in foreign non-governmental affairs in Hanoi City.

Article 2. Rules for managing activities of foreign NGOs

1. The management of activities of foreign NGOs is a part of foreign affairs. Therefore, it should be carried out under the direct management of the city committee of the Party; the synchronous management and control of Hanoi People’s Committee, the professional guidance by agencies affiliated to the central Government and the mutual cooperation between Hanoi City-affiliated agencies and organizations.

2. The operation of foreign NGOs must be carried out in conformity with the national economic, cultural and social interests, national defense and security interests, and great national unity policies; must not cause harming social ethics or national habits and customs or national traditions and characters; must be in conformity with the law of Vietnam and international treaties to which Vietnam has signed or acceded.

3. Actively orientate and propose plans for courting foreign non-governmental aid for each period and in each region while taking into account the fulfillment of duties of socio-economic development, national defense and security, and foreign affairs of Hanoi City.

4. Strictly abide by information security regulations and make reports on the management of activities of foreign NGOs in Hanoi City in a timely and effective manner.

Chapter 2.

MANAGEMENT OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS’ OPERATION IN HANOI CITY

Article 3. The management of activities carried out by foreign NGOs, foreign and Vietnamese individuals working in foreign NGOs, programs/projects financed or executed by foreign NGOs, and the dealing with issues concerning people or facilities of programs/projects financed by foreign NGOs in Hanoi City shall be executed as follows:

1. Hanoi People’s Committee shall conduct the united state management of the management of activities carried out foreign NGOs in Hanoi City; provide guidance and supervise all activities carried out by foreign NGOs in Hanoi City; and appoint a Deputy Chairperson of Hanoi People’s Committee to be charge of general regulation of the management of activities carried out by foreign NGOs among Hanoi departments, regulatory agencies and boards.

2. Hanoi Department for Foreign Affairs which has the function to advise Hanoi People’s Committee in carrying out relations and managing activities carried out by foreign NGOs in Hanoi City shall discharge the following duties:

a. Take the prime responsibility and coordinate with Hanoi departments, regulatory agencies and boards to monitor and manage activities carried out by foreign NGOs; provide Hanoi People’s Committee with advice on foreign non-governmental affairs and assume responsibility before Hanoi People’s Committee for the management of foreign NGOs’ operation in Hanoi City.

b. Coordinate with Hanoi Department of Planning and Investment and relevant agencies to offer Hanoi People's Committee advice on the mobilization of aid of foreign NGOs in Hanoi City.

c. Take the prime responsibility for appraising, considering and advising Hanoi People's Committee to give opinions to the Committee for Foreign Non-Governmental Organization Affairs and the Ministry of Foreign Affairs about the issuance, extension, modification or supplementation of registration certificates to foreign NGOs whose operation is conducted in Hanoi City.

d. Receive the application for operation registration and periodical or requested reports on operational situation submitted by foreign NGOs in Hanoi City.

dd. Take the prime responsibility for offer Hanoi People's Committee advice to consider the application for placing offices or head offices in Hanoi City submitted by foreign NGOs that have been issued with project office registration certificates/representative office registration certificates.

e. Coordinate with competent authorities to carry out the inspection, on the periodical basis or where necessary, of foreign NGOs’ operation in Hanoi City.

g. Take the prime responsibility for offer Hanoi People's Committee advice to receive foreign volunteers to work in agencies, organizations or units other than programs/projects signed and approved by competent authorities as regulated.

h. Take the prime responsibility and coordinate with competent authorities to propagate and guide the implementation of the Party’s policies and the Government’s laws on foreign non-governmental affairs and aid.

i. Coordinate with Hanoi Public Security Agency and competent authorities to provide guidance to foreign NGOs and individuals working in foreign NGOs on entry and exit procedures, residence and relevant issues as regulated by prevailing laws.

k. Coordinate with relevant agencies to establish the aid management information system from the city government to local governments; establish the center of socio-economic data and information regarding programs/projects, and promulgate regulations on sharing information in order that project owners, foreign NGOs and beneficiaries may be provided with sufficient information about concerned programs/projects.

l. On the periodical basis of 6 months or at the end of each year, submit reports to Hanoi People’s Committee and the Committee for Foreign Non-Governmental Organization Affairs and the Ministry of Foreign Affairs on the operation management and the mobilization of aid from foreign NGOs in Hanoi City.

m. Fulfill other relevant duties as assigned by Hanoi People’s Committee.

3. Hanoi Department of Planning and Investment which is a body in charge of managing and using foreign non-governmental aid shall discharge the following duties:

a. Comply with Decision No. 36/2011/QD-UBND dated December 09, 2011 of Hanoi People’s Committee on the management and use of aid of foreign NGOs in Hanoi City.

b. Take the prime responsibility for proposing measures for improving the efficiency of the management and use of foreign non-governmental aid.

c. Take the prime responsibility and coordinate with Hanoi Department of Foreign Affairs to request Hanoi People’s Committee to appraise, approve and manage programs/projects under the Government’s Decree No. 93/2009/ND-CP dated October 22, 2009 of the Prime Minister promulgating the statute on the management and use of foreign non-governmental aid.

d. Coordinate with Hanoi Department of Finance to establish plans of investment preparation funding and counterpart funding for annual programs/projects and submit them to Hanoi People’s Committee for consideration.

dd. On the periodical basis of 6 months and at the end of each year, coordinate with Hanoi Department for Foreign Affairs to prepare and submit reports to Hanoi People's Committee, the Committee for Foreign Non-Governmental Organization Affairs and the Ministry of Foreign Affairs on the management and receipt of foreign NGOs’ aid in Hanoi City.

e. Fulfill other relevant duties as assigned by Hanoi People’s Committee.

4. Hanoi Department of Labour – Invalids and Social Affairs shall discharge the following duties:

a) Provide guidance and supervise the selection, use, management and implementation of policies applicable to Vietnamese workers who work in foreign NGOs, programs/projects financed by foreign NGOs in Hanoi City as regulated by prevailing laws on labour.

b) Issue work permits to foreigners who work in foreign NGOs in Hanoi City.

c) Fulfill other relevant duties as assigned by Hanoi People’s Committee.

5. Hanoi Department of Home Affairs shall discharge the following duties:

a. Take the prime responsibility and coordinate with Hanoi Public Security Agency and relevant units to offer Hanoi People’s Committee advice on religious issues concerning foreign non-governmental activities.

b. Provide guidance and assistance to foreign NGOs in the execution of their projects and units receiving and using foreign non-governmental aid in complying with policies on religion of the Government of the Socialist Republic of Vietnam.

c. Participate in the appraisal and give opinions about projects funded by foreign NGOs in the religious sector.

d. Coordinate with Hanoi Department for Foreign Affairs, Hanoi Department of Planning and Investment and relevant units to assess and recommend Hanoi People’s Committee for considering and commending organizations or individuals for their excellent performance of their managerial duties of foreign non-governmental activities and aid.

dd. Fulfill other relevant duties as assigned by Hanoi People's Committee.

6. Hanoi Department of Finance which has the function to advise Hanoi People’s Committee in performing the financial management of programs/projects funded by foreign NGOs in Hanoi city shall discharge the following duties:

a. Take the prime responsibility and provide guidance to units receiving foreign non-governmental aid on the compliance with the Government’s regulations and those promulgated by Hanoi People’s Committee on financial management.

b. Coordinate with Hanoi Department of Planning & Investment to divide counterpart funds from annual state budget plan to units eligible for receiving funding from state budget to perform foreign non-governmental aid as committed with sponsors as regulated.

c. Conduct procedures for recording receipts and payments of state budget and perform the finalization of foreign non-governmental aid amounts as regulated.

d. Supervise the receipt, use, management and performance of foreign non-governmental aid amounts within its authority.

dd. Fulfill other relevant duties as assigned by Hanoi People's Committee.7. Hanoi Public Security Agency shall discharge the following duties:

a. Advise Hanoi People’s Committee in ensuring political security and social order and security during the mobilization, negotiation, conclusion and receipt of foreign non-governmental aid amounts in Hanoi City.

b. Give opinions about the issuance, extension, modification or supplementation of registration certificates of foreign NGOs in Hanoi City in necessary cases.

c. Request Hanoi People’s Committee and the Committee for Foreign Non-Governmental Organization Affairs and the Ministry of Foreign Affairs to take action against violations committed by foreign NGOs, individuals involved in foreign non-governmental activities and domestic partners of foreign NGOs as regulated by prevailing laws.

d. Fulfill other relevant duties as assigned by Hanoi People’s Committee.

8. Hanoi Union of Friendship Organizations (referred to as “HAUFO”) shall discharge the following duties:

a. Carry out people’s external relation activities, introduce and popularize images of Hanoi Capital to individuals involved in foreign non-governmental activities and foreign NGOs.

b. Coordinate with Hanoi Department for Foreign Affairs and Hanoi Department of Planning and Investment to conduct the mobilization of foreign non-governmental aid.

c. Fulfill other relevant duties as assigned by Hanoi People’s Committee.

9. Departments, regulatory agencies and boards affiliated to Hanoi People’s Committee, people’s organizations, people’s committees of districts and towns, sociopolitical and professional organizations operating in Hanoi City and other agencies and units involved in activities of foreign NGOs and foreign non-governmental aid in Hanoi City shall discharge the following duties:

a. Perform, direct and supervise their affiliated agencies and units in complying with the Government's regulations and those promulgated by Hanoi Government on sending invitation to delegations of foreign NGOs for visit and working purposes in Hanoi City; promptly report and ask for advice of competent authorities to deal with working issues concerning foreign NGOs.

b. Inform Hanoi Department for Foreign Affairs and Hanoi Department of Planning and Investment, and report Hanoi People’s Committee on their receipt of foreign non-governmental aid amounts and the performance of their provided foreign non-governmental aid amounts.

c. Actively establish lists of priority projects for mobilizing foreign non-governmental aid and send them to Hanoi Department for Foreign Affairs and Hanoi Department of Planning and Investment.

d. Submit periodical reports and at-request reports on foreign non-governmental aid to Hanoi People’s Committee via Hanoi Department for Foreign Affairs and Hanoi Department of Planning and Investment.

dd. Agencies and units receiving foreign non-governmental aid must receive, use and manage aid amounts and assets of relevant sponsors under contents approved by competent authorities.

e. Fulfill other relevant duties as assigned by Hanoi People’s Committee.

Chapter 3.

RIGHTS, BENEFITS AND RESPONSIBILITIES OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS IN HANOI CITY

Article 4. Rights and benefits

Foreign NGOs which have been issued with registration certificates while participating in the execution of programs/projects in Hanoi City are permitted to lease places for establishing their head offices and hire workers, apply for work permits for their foreign workers, import goods and other relevant rights and benefits as regulated by prevailing laws.

Article 5. Responsibilities

Foreign NGOs which have been issued with registration certificates while participating in the execution of programs/projects in Hanoi City must assume the following responsibilities:

1. Submit application for operation registration, and submit periodical reports on their operation (ahead of July 15 or January 15 of the following year as for 6-month reports or annual reports, respectively) or other reports as requested by Hanoi Department for Foreign Affairs and Hanoi People’s Committee.

2. Carry out procedures for applying for permit to place offices or head offices of project offices/representative offices in Hanoi City.

3. Carry out procedures for receiving foreign volunteers who participate in the execution of programs/projects in Hanoi City.

4. Fulfill other relevant duties as regulated by prevailing laws.

Chapter 4.

COMMENDATION AND TAKING ACTION AGAINST VIOLATIONS

Article 6. Commendation

1. Organizations and individuals that have excellent performance in implementing contents of this statute shall be commended as regulated by prevailing laws on emulation and commendation.

2. Hanoi Department of Home Affairs shall coordinate with relevant agencies to propose commendation methods to Hanoi People’s Committee for encouraging organizations and individuals mentioned in Clause 1 herein in a timely manner.

Article 7. Taking action against violations

Organizations and individuals that commit violations against this statute shall, depending on the nature and level of their violations, receive warnings or have their registration certificates revoked by central government’s competent authorities.

Chapter 5.

AMENEDMENTS AND SUPPLEMENTS TO THIS STATUTE

Article 8. Amendments and supplements to this statute

Difficulties that arise during the implementation of this Statute should be reported in writing to Hanoi Department for Foreign Affairs which shall summarize and report such difficulties to Hanoi People’s Committee for consideration./.