Nghị định 12/2012/ND-CP

Decree No. 12/2012/ND-CP of March 01, 2012, on registration and management of activities of non-governmental organizations in Vietnam

Nội dung toàn văn Decree No. 12/2012/ND-CP on registration and management of activities of non-gov


THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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No. 12/2012/ND-CP

Hanoi, March 01, 2012

 

DECREE

ON REGISTRATION AND MANAGEMENT OF ACTIVITIES OF NON­GOVERNMENTAL ORGANIZATIONS IN VIETNAM

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 3, 2008 Law on Promulgation of Legal Documents;

Pursuant to the Government's Decree No. 15/2008/ND-CP of February 4, 2008, defining the Junctions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;

At the proposal of the Minister of Foreign Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Decree provides the registration and management of development assistance and humanitarian aid activities not for profit or other purposes of foreign non-governmental organizations in Vietnam.

2. This Decree applies to non-governmental organizations, non-profit organizations, social funds, private funds or other social or non-profit organizations, which arc established under foreign laws and carry out development assistance and humanitarian aid activities not for profit or other purposes in Vietnam.

Article 2. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. Foreign -non-governmental organization means an organization specified in Clause 2, Article 1 of this Decree.

2. Humanitarian and development activities means activities to support development and provide humanitarian aids not for profit or other proposes.

3. Program means a combination of related activities and projects which may involve one or more than one sector, domain, territory and stakeholder for achievement of one or more than one set objective, are implemented for a relatively long period or in different phases and funded by different sources in different times and with different modes.

4. Project means a combination of related activities which aim to achieve one or more than one set objective and are implemented in specific localities and periods and funded by specific sources.

5. Non-project aid means an aid not under a program or project which is provided in kind, cash or specialists (including voluntary specialists) for humanitarian or development purposes.

6. Long-term commitment means a commitment of funding or operation for at least 5 (five) years.

7. Vietnamese partner means a Vietnamese agency or organization which directly cooperates and signs a cooperation agreement with a foreign non-governmental organization or a foreigner after being approved by a competent Vietnamese authority.

8. Registration certificate means a document certifying that a foreign non-governmental organization has registered operation under this Decree. A registration certificate can be an operation registration certificate, a project office registration certificate or a representative office registration certificate.

9. Representative office means a Vietnam-based official representative agency of a foreign non-governmental organization.

10. Project office means an independent office or a section of a representative office, which is based in a locality to supervise and implement projects financed by a foreign non-governmental organization in that locality or in the area where there is no project office upon project completion.

11. Framework agreement means an agreement signed between a lawfully competent Vietnamese agency or organization and a foreign non-governmental organization, which defines the rights, responsibilities and contents of humanitarian and development activities of that foreign non-governmental organization in Vietnam.

Article 3. Policies of the Vietnamese State toward foreign non-governmental organizations

1. The Vietnamese State encourages and creates favorable conditions for foreign non­governmental organizations to carry out humanitarian and development activities in Vietnam.

2. Foreign non-governmental organizations engaged in humanitarian and development activities in Vietnam shall make registration with the competent Vietnamese state agency specified in Article 25 of this Decree and observe Vietnamese law.

Article 4. Prohibited acts

Foreign non-governmental organizations are prohibited from:

1. Organizing or carrying out political, religious and other activities against national interests, security, defense and the great national unity of Vietnam.

2. Organizing, carrying out or participating in activities for profit, not for humanitarian or development purposes.

3. Organizing, carrying out or participating in activities related to money laundering or terrorism.

4. Organizing, carrying out or participating in activities harming social ethics or national fine customs and practices or national traditions or identity.

5. Organizing, carrying out or participating in other activities contrary to Vietnamese law.

Chapter II

REGISTRATION PROCEDURES FOR FOREIGN NON-GOVERNMENTAL ORGANIZATIONS IN VIETNAM

Article 5. Forms of registration

A foreign non-governmental organization may be considered for obtaining an operation registration certificate, a project office registration certificate or a representative office registration certificate.

Article 6. Procedures for grant of an operation registration certificate

1. A foreign non-governmental organization wishing to operate in Vietnam must:

a/ Have the legal person status under the law of the country in which it is established.

b/ Have a clear operation charter and guidelines. And

c/ Have a plan on humanitarian and development activities in Vietnam through programs, projects or non-project aids in line with socio-economic development policies of the Vietnamese State.

2. A foreign non-governmental organization applying for an operation registration certificate shall submit a dossier (a dossier in a foreign language must be enclosed with a lawfully certified Vietnamese translation) directly, by post or through a foreign-based Vietnamese representative mission to the Committee for Foreign Non-Governmental Organization Affairs. A dossier comprises:

a/ The foreign non-governmental organization's application signed by a competent person, to the Committee for Foreign Non-Governmental Organization Affairs, containing the following details:

- Full and abbreviated names of the organization, address of its head office.

- Operation guidelines and objectives.

- Summary of the organization's history and development.

- Funding sources and capacity.

- Programs, projects and/or operation plan in Vietnam.

- Commitment to strictly observing Vietnamese law and respecting traditional customs and practices of Vietnam.

b/ A copy of the foreign non-governmental organization's charter which is consularly legalized, unless otherwise provided by a treaty which Vietnam has signed or acceded to.

c/ The original or a certified copy of the legal status certificate issued by a competent authority of the country in which the organization is established or headquartered, which is consularly legalized, unless otherwise provided by a treaty which Vietnam has signed or acceded to.

3. Within 45 (forty five) working days after receiving a complete and valid dossier, the Committee for Foreign Non-Governmental Organization Affairs shall notify in writing the result to the concerned foreign non­governmental organization.

4. If being approved to obtain an operation registration certificate, a foreign non­governmental organization shall send the application signce to receive the operation registration certificate directly at the office of the Committee for Foreign Non-Governmental Organization Affairs. In case another person is authorized to do so. this person shall produce a letter of authorization and personal paper (passport, identity card, etc.), or the foreign non­governmental organization may receive the operation registration certificate by post.

5. An operation registration certificate is valid for 3 (three) years from the date of its grant. An operation registration certificate is invalidated when:

- Its validity term exceeds the operation registration time limit for the foreign non­governmental organization in the country in which that organization is established or headquartered, in case the law of that country provides the operation registration time limit for that organization. Or

The foreign non-governmental organization has obtained a Vietnam-based project office or representative office registration certificate.

Article 7. Procedures for renewal of an operation registration certificate

1. At least 60 (sixty) days before an operation registration certificate expires, a foreign non-governmental organization shall submit a dossier (a dossier in a foreign language must be enclosed with a lawfully certified Vietnamese translation) directly or by post to the Committee for Foreign Non-Governmental Organization Affairs. A dossier comprises:

a/ An application for renewal of an operation registration certificate.

b/ The original operation registration certificate.

c/ A brief report on the organization's activities during the validity term of die granted operation registration certificate.

d/ An operation plan of the organization during the validity term of the renewed operation registration certificate.

2. Within 30 (thirty) working days after receiving a valid dossier, the Committee for Foreign Non-Governmental Organization Affairs shall notify in writing the result to the concerned foreign non-governmental organization.

3. If being approved for renewal of its operation registration certificate, a foreign non­governmental organization shall send the application signee to receive the renewed operation registration certificate directly at the office of the Committee for Foreign Non-Governmental Organization Affairs. In case another person is authorized to do so, this person shall produce a letter of authorization and personal paper (passport, identity card, etc.), or the foreign non-governmental organization may receive the operation registration certificate by post.

4. A renewed operation registration certificate is valid for 3 (three) years from the date of its renewal, but not exceeding the operation registration time limit for the foreign non-governmental organization in the country in which that organization is established or headquartered, in case the law of that country provides the operation registration time limit for foreign non-govemmental organizations.

Article 8. Procedures for supplementation, modification and re-grant of operation registration certificates

1. When wishing to modify or supplement its operation registration certificate or obtain a new one when its operation registration certificate is lost, torn, damaged or rumpled, a foreign non-governmental organization shall submit directly or by post to the Committee for Foreign Non-Governmental Organization Affairs a dossier (a dossier in a foreign language must be enclosed with a lawfully certified Vietnamese translation), which comprises:

a/ An application for modification, supplementation or re-grant of an operation registration certificate, clearly stating the contents to be supplemented or modified and the reason for such supplementation, modification or re-grant.

b/ The original operation registration certificate, for modification, supplementation, or re-grant of a torn, damaged or rumpled operation registration certificate.

c/ A certified true copy of the operation registration certificate, for re-grant of a lost operation registration certificate.

2. Within 30 (thirty) working days after receiving a complete and valid dossier, the Committee for Foreign Non-Governmental Organization Affairs shall notify in writing the result to the concerned foreign non­governmental organization.

3. If being approved for modification, supplementation, or re-grant of its operation registration certificate, the foreign non­governmental organization shall send the application signee to receive the supplemented, modified or re-granted operation registration certificate directly at the office of the Committee for Foreign Non-Governmental Organization Affairs. In case another person is authorized to do so, this person shall produce a letter of authorization and personal paper (passport, identity card, etc.), or the foreign non­governmental organization may receive the operation registration certificate by post.

Article 9. Procedures for grant of a project office registration certificate

1. A foreign non-governmental organization wishing to set up a project office in Vietnam must:

a/ Have obtained an operation registration certificate under Article 6 of this Decree. And

b/ Have a program or project approved by a competent Vietnamese authority and the size and nature of that program or project requires regular and on-the-spot administration and supervision.

2. A foreign non-governmental organization applying for a project office registration certificate shall submit directly, by post or through a foreign-based Vietnamese representative mission to the Committee for Foreign Non-Governmental Organization Affairs a dossier (a dossier in a foreign language must be enclosed with a lawfully certified Vietnamese translation), which comprises:

a/ An application for establishment of a project office, containing the following major details: necessity to establish the project office; planned location of the office; expected numbers of foreign and Vietnamese employees of the office.

b/ The original operation registration certificate.

c/ A document on the program or project in Vietnam and the original or certified true copy of the written approval of a competent Vietnamese authority.

d/ The original or a copy of the judicial record of the nominated project office chief issued by a competent authority of the country of citizenship of that person, which is consularly legalized. The original judicial record issued by a competent Vietnamese authority, if this person has resided in Vietnam for over 6 months.

e/ A biography of the nominated project office chief and a letter of nomination of the representative in Vietnam issued by the head of the foreign non-governmental organization.

3. Within 45 (forty five) working days after receiving a complete and valid dossier, the Committee for Foreign Non-Governmental Organization Affairs shall notify in writing the result to the concerned foreign non-governmental organization.

4. If being approved to obtain a project office registration certificate, the foreign non­governmental organization shall send the application signee to receive the project office registration certificate directly at the office of the Committee for Foreign Non-Governmental Organization Affairs. In case another person is authorized to do so, this person shall produce a letter of authorization and personal paper (passport, identity card, etc.), or the foreign non­governmental organization may receive the project office registration certificate by post.

5. A project office registration certificate is valid for 5 (five) years from the date of its grant, but not exceeding the operation registration time limit for the foreign non-governmental organization in the country in which that organization is established or headquartered, in case the law of that country provides the operation registration time limit for non­governmental organizations.

Article 10. Procedures for renewal of a project office registration certificate

1. At least 60 (sixty) days before a project office registration certificate expires, a foreign non-governmental organization shall submit directly or by post to the Committee for Foreign Non-Governmental Organization Affairs a dossier (a dossier in a foreign language must be enclosed with a lawfully certified Vietnamese translation), which comprises:

a/ An application for renewal of a project office registration certificate.

b/ The original project office registration certificate.

c/ A brief report on the organization's activities during the validity term of the granted project office registration certificate.

d/ An operation plan of the organization during the validity term of the renewed project office registration certificate.

2. Within 30 (thirty) working days after receiving a complete and valid dossier, the Committee for Foreign Non-Governmental Organization Affairs shall notify in writing the result to the concerned foreign non-governmental organization.

3. If being approved for renewal of its project office registration certificate, a foreign non-governmental organization shall send the application signee to receive the renewed project office registration certificate directly at the office of the Committee for Foreign Non-Governmental Organization Affairs. In case another person is authorized to do so, this person shall produce a letter of authorization and personal paper (passport, identity card, etc.), or the foreign non-governmental organization may receive the project office registration certificate by post.

4. A renewed project office registration certificate is valid for 5 (five) years from the date of its renewal, but not exceeding the operation registration time limit for the foreign non-governmental organization in the country in which that organization is established or headquartered, in case the law of that country provides the operation registration time limit for non-governmental organizations.

Article 11. Procedures for supplementation, modification or re-grant of a project office registration certificate

1. When wishing to modify its project office registration certificate or obtain a new one when its project office registration certificate is lost, torn, damaged or rumpled, a foreign non­governmental organization shall submit directly or by post to the Committee for Foreign Non-Governmental Organization Affairs a dossier (a dossier in a foreign language must be enclosed with a lawfully certified Vietnamese translation), which comprises:

a/ An application for modification, supplementation or re-grant of a project office registration certificate, clearly stating the contents to be supplemented or modified and the reason for such supplementation, modification or re-grant-

b/ The original project office registration certificate, for modification, supplementation, or re-grant of a torn, damaged or rumpled project office registration certificate (and a certified true copy in the remaining dossier).

c/ A certified true copy of the project office registration certificate, for re-grant of a lost project office registration certificate.

2. Within 30 (thirty) working days after receiving a complete and valid dossier, the Committee for Foreign Non-Governmental Organization Affairs shall notify in writing the result to the concerned foreign non­governmental organization.

3. If being approved for modification, supplementation or re-grant of its project office registration certificate, the foreign non­governmental organization shall send the application signee to receive the supplemented, modified or re-granted project office registration certificate directly at the office of the Committee for Foreign Non-Governmental Organization Affairs. In case another person is authorized to do so, this person shall produce a letter of authorization and personal paper (passport, identity card, etc.), or the foreign non­governmental organization may receive the project office registration certificate by post.

Article 12. Procedures for grant of a representative office registration certificate

1. A foreign non-governmental organization wishing to set up a representative office in Vietnam must:

a/ Have obtained an operation registration certificate under Article 6 of this Decree.

b/ Have committed long-term operation through programs and projects approved by competent Vietnamese authorities.

c/ Have operated effectively in Vietnam for at least two years. And

d/ Base its representative office only in Hanoi, Da Nang or Ho Chi Minh City.

2. A foreign non-governmental organization applying for a representative office registration certificate shall submit directly, by post or through a foreign-based Vietnamese representative mission to the Committee for Foreign Non-Governmental Organization Affairs a dossier (a dossier in a foreign language must be enclosed with a lawfully certified Vietnamese translation), which comprises:

a/ An application for establishment of a representative office, containing the following major details: necessity to establish the representative office; planned location of the office; expected numbers of foreign and Vietnamese employees of the office.

b/ The original operation registration certificate or a photocopy of the project office registration certificate (in case a project office has been set up in Vietnam).

c/ A document on programs or projects in Vietnam and the original or a certified true copy of the written approval of a competent Vietnamese authority.

d/ The original or a copy of the judicial record of the nominated representative office chief issued by a competent authority of the country of citizenship of that person, which is consularly legalized. The original judicial record issued by a competent Vietnamese authority, if this person has resided in Vietnam for over 6 months.

e/ A biography of the nominated representative office chief and a letter of nomination of the representative in Vietnam issued by the head of the foreign non­governmental organization.

f/ A report on the organization's activities in Vietnam of at least 2 (two) latest years.

3. Within 45 (forty five) working days after receiving a complete and valid dossier, the Committee for Foreign Non-Governmental Organization Affairs shall notify in writing the result to the concerned foreign non-governmental organization.

4. If being approved to obtain a representative office registration certificate, the foreign non-governmental organization shall send the application signee to receive the representative office registration certificate directly at the office of the Committee for Foreign Non-Governmental Organization Affairs. In case another person is authorized to do so, this person shall produce a letter of authorization and personal paper (passport, identity card, etc.), or the foreign non-governmental organization may receive the representative office registration certificate by post.

5. A representative office registration certificate is valid for 5 (five) years from the date of its grant, but not exceeding the operation registration lime limit for the foreign non-governmental organization in the country in which that organization is established or headquartered, in case the law of that country provides the operation registration time limit for non-governmental organizations.

Article 13. Procedures for renewal of a representative office registration certificate

1. At least 60 (sixty) days before a representative office registration certificate expires, a foreign non-governmental organization shall submit directly or by post to the Committee for Foreign Non-Governmental Organization Affairs a dossier (a dossier in a foreign language must be enclosed with a lawfully certified Vietnamese translation), which comprises:

a/ An application for renewal of a representative office registration certificate.

b/ The original representative office registration certificate.

c/ A brief report on the organization's activities during the validity term of the granted representative office registration certificate.

d/ An operation plan of the organization during the validity term of the renewed representative office registration certificate.

2. Within 30 (thirty) working days after receiving a complete and valid dossier, the Committee for Foreign Non-Governmental Organization Affairs shall notify in writing the result to the concerned foreign non-governmental organization.

3. If being approved for renewal of its representative office registration certificate, a foreign non-governmental organization shall send the application signee to receive the renewed project office registration certificate directly at the office of the Committee for Foreign Non-Governmental Organization Affairs. In case another person is authorized to do so, this person shall produce a letter of authorization and personal paper (passport, identity card, etc.), or the foreign non­governmental organization may receive the representative office registration certificate by post.

4. A renewed representative office registration certificate is valid for 5 (five) years from the date of its renewal, but not exceeding the operation registration time limit for the foreign non-governmental organization in the country in which that organization is established or headquartered, in case the law of that country provides the operation registration time limit for non-governmental organizations.

Article 14. Procedures for supplementation, modification or re-grant of a representative office registration certificate

1. When wishing to modify or supplement its representative office registration certificate or obtain a new one when this certificate is lost, torn, damaged or rumpled, a foreign non­governmental organization shall submit directly or by post to the Committee for Foreign Non-Governmental Organization Affairs a dossier (a dossier in a foreign language must be enclosed with a lawfully certified Vietnamese translation), which comprises:

a/ An application for modification, supplementation or re-grant of a representative office registration certificate, clearly stating the contents to be supplemented or modified and the reason for such supplementation, modification or re-grant.

b/ The original representative office registration certificate, for modification, supplementation, or re-grant of a torn, damaged or rumpled representative office registration certificate (and a certified true copy in the remaining dossier).

c/ A certified true copy of the representative office registration certificate, for re-grant of a lost representative office registration certificate.

2. Within 30 (thirty) working days after receiving a complete and valid dossier, the Committee for Foreign Non-Governmental Organization Affairs shall notify in writing the result to the concerned foreign non­governmental organization.

3. If being approved for modification, supplementation or re-grant of its representative office registration certificate, the foreign non­governmental organization shall send the application signee to receive the modified, supplemented or re-granted representative office registration certificate directly at the office of the Committee for Foreign Non-Governmental Organization Affairs. In case another person is authorized to do so, this person shall produce a letter of authorization and personal paper (passport, identity card, etc.), or the foreign non-governmental organization may receive the representative office registration certificate by post.

Article 15. Suspension and termination of operation of foreign non-governmental organizations

1. A foreign non-governmental organization with a registration certificate is subject to suspension from part or whole of its operation or termination of operation and revocation of its registration certificate under the Ministry of Foreign Affairs' decision when:

a/ Its registration certificate expires but it fails to apply for renewal under this Decree.

b/ It violates Article 4 of this Decree.

c/ It has intentionally falsified the registration dossier. Or

d/ It fails to operate within 12 months after obtaining a registration certificate.

Within 60 (sixty) days after receiving a notice of termination of operation from the Ministry of Foreign Affairs, a foreign non­governmental organization shall completely settle matters related to its head office, housing, employees and working means, and complete its financial obligations (if any) and other related matters with organizations and individuals in Viet Nam.

In case of terminating operation on its own, a foreign non-Governmental organization shall send a notice to the Committee for Foreign Non-Governmental Organization Affairs and the Ministry of Foreign Affairs 60 (sixty) days before officially terminating its operation, together with its granted registration certificate, reports on asset and financial audit, and shall fulfill the obligations specified in Clause 2 of this Article.

Chapter III

RIGHTS AND RESPONSIBILITIES OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS

Article 16. General provisions

1. A foreign non-governmental organization in Vietnam shall operate in accordance with its granted registration certificate.

2. The chief of a representative office or project office or the authorized representative of a foreign non-governmental organization in Vietnam is responsible for the entire operation of that foreign non-governmental organization in Vietnam.

3. The rights and responsibilities of a foreign non-governmental organization having a representative office or project office shall be specified in the framework agreement signed with the competent state agency (provided in Article 25 of this Decree).

Article 17. Notification of operation

Within 45 days after obtaining a new, renewed, supplemented or modified registration certificate, a foreign non-governmental organization shall notify such and its operation plan to the People's Committee of the province or centrally run city in which it operates or will operate.

Article 18. Reporting responsibility

1. Biannually and annually, the chief of a representative office or project office or the authorized representative of a foreign non­governmental organization in Vietnam shall send reports on activities in Vietnam to the competent state agency (provided in Article 25 of this Decree), and concurrently to the People's Committee of the province or centrally run city in which it operates under the registration certificate.

2. The chief of a representative office or project office or the authorized representative of a foreign non-governmental organization in Vietnam shall report on, audit, provide documents or explain issues related to activities of related organizations and persons when so requested by the competent state agency (provided in Article 25 of this Decree).

Article 19. Hire of offices and employees

A foreign non-governmental organization may hire an office and recruit foreign and Vietnamese employees for its office after obtaining a written approval of the licensing state agency, and in compliance with its registration certificate and Vietnamese law.

Article 20. Grant of work permits

After a foreign non-governmental organization obtains a registration certificate from a competent state agency, foreign employees of that organization shall apply for a work permit at the provincial-level Labor, War Invalids and Social Affairs Department of the locality in which the foreign non-governmental organization is based under current Vietnamese law, except those being chief representatives (chiefs of representative offices or project offices or authorized representatives of foreign non-governmental organizations in Vietnam). Such application is free.

Article 21. Seals and accounts

1. A foreign non-governmental organization having registered operation may register its seal under Vietnamese law.

2. A foreign non-governmental organization having registered operation may open accounts (in foreign currencies or Vietnam dong) at lawfully licensed banks in Vietnam.

3. Foreign representatives and employees of a foreign non-governmental organization having registered operation may open bank accounts under Vietnamese law.

Article 22. Import of goods

The import into Vietnam of office equipment, vehicles and their parts, and personal articles to meet working and daily needs of representative offices, project offices and their foreign employees complies with Vietnamese law.

Article 23. Personal income tax for foreigners

Personal income tax for foreign representatives, employees and specialists of foreign non-governmental organizations in Vietnam (in representative offices, project offices and projects) complies with Vietnamese lax law.

Chapter IV

RESPONSIBILITIES OF MANAGEMENT AGENCIES

Article 24. Responsibilities of the Ministry of Foreign Affairs

The Ministry of Foreign Affairs is the focal point for managing activities of foreign non­governmental organizations

1. To assume the prime responsibility for, and coordinate with related agencies in, elaborating and promulgating legal documents on activities of foreign non-governmental organizations in Vietnam.

2. To advise and propose external relation guidelines and policies related to activities of foreign non-governmental organizations.

3. To grant, renew, modify, supplement and revoke registration certificates of foreign non­governmental organizations in Vietnam.

4. To coordinate with related agencies in managing activities of foreign non­governmental organizations.

5. To perform other tasks assigned by the Prime Minister.

Article 25. Responsibilities of the Committee for Foreign Non-Governmental Organization Affairs

The Committee for Foreign Non-Governmental Organization Affairs is established under the Prime Minister's decision to assist the Prime Minister in directing and settling matters related to foreign non­governmental organizations in Vietnam.

1. To coordinate with the Ministry of Foreign Affairs in elaborating and proposing competent agencies to promulgate legal documents on activities of foreign non-governmental organizations in Vietnam.

2. To assume the prime responsibility for appraising foreign non-governmental organizations through committee member agencies and transfer dossiers to the Ministry of Foreign Affairs for grant, renewal, modification, supplementation and revocation of registration certificates of foreign non­governmental organizations in Vietnam.

3. To inspect, examine and supervise activities of foreign non-governmental organizations in Vietnam.

4. To assume the prime responsibility for, and coordinate with related agencies in, settling complaints and denunciations and handling violations related to activities of foreign non­governmental organizations in Vietnam.

5. To review and report on activities of foreign non-governmental organizations in Vietnam to the Government.

6. To periodically notify ministries, sectors and localities of foreign non-governmental organizations registering operation in their sectors and localities.

7. To disseminate and provide information relating to activities of foreign non­governmental organizations to Vietnamese partners and foreign non-governmental organizations.

8. To perform other tasks assigned by the Government and the Prime Minister and under law.

Article 26. Responsibilities of agencies with representatives being members of the Committee for Foreign Non-Governmental Organization Affairs

1. The Government Office:

a/ To assist the Government and the Prime Minister in directing the state management of activities of foreign non-governmental organizations in Vietnam.

b/ To coordinate with related agencies in performing the stale management of foreign non-governmental organizations in Vietnam.

2. The Ministry of Home Affairs: To take responsibility for affairs related to the relations between domestic non-governmental organizations and associations and foreign non­governmental organizations.

3. The Ministry of Public Security: To take responsibility for affairs related to national security and social order and safety in activities of foreign non-governmental organizations in Vietnam.

4. The Ministry of Planning and Investment:

To lake responsibility for affairs related to the state management of aids of foreign non­governmental organizations in Vietnam.

5. The Ministry of Finance: To take responsibility for affairs related to the financial state management of foreign non-governmental aid.

6. The Government Committee for Religious Affairs: To take responsibility for religious affairs in activities of foreign non-governmental organizations.

7. The Vietnam Union of Friendship Organizations: To take responsibility for affairs related to the relation with and mobilization of foreign non-governmental aid; to be the standing body of the Committee for Foreign Non-Governmental Organization Affairs.

Article 27. Responsibilities of ministries, ministerial-level agencies, government-attached agencies and central agencies

1. To guide, inspect and supervise activities of foreign non-governmental organizations operating in sectors and domains under their stale management.

2. To review activities of foreign non­governmental organizations directly cooperating with them and send reports to the Committee for Foreign Non-Governmental Organization Affairs every 6 (six) months or upon request for summarization and reporting to the Prime Minister.

3. To assign a relevant attached unit to act as the focal point in the relation and management of activities of foreign non-governmental organizations under their state management.

Article 28. Responsibilities of provincial-level People's Committees

1. To guide, inspect and supervise activities of foreign non-governmental organizations operating in their provinces or centrally run cities.

2. To coordinate with the Committee for Foreign Non-Governmental Organization Affairs in granting, renewing, modifying, supplementing and revoking registration certificates.

3. To review activities of foreign non­governmental organizations in their localities and send reports to the Committee for Foreign Non-Governmental Organization Affairs every 6 (six) months or upon request for summarization and reporting to the Prime Minister.

4. To assign a relevant attached unit to act as the focal point in the relation and management of activities of foreign non­governmental organizations in their localities.

Article 29. Responsibilities of Vietnamese partners

1. To observe regulations on activities and aid of foreign non-governmental organizations in Vietnam when cooperating with foreign non-governmental organizations.

2. To guide foreign non-governmental organizations in implementing related regulations.

3. To report to competent authorities on their cooperation with foreign non-governmental organizations.

Chapter V

IMPLEMENTATION PROVISIONS

Article 30. Effect

l. This Decree takes effect on June 1,2012. To annul the Prime Minister's Decision No. 340/TTg of May 24, 1996, promulgating the Regulation on operation of foreign non­governmental organizations in Vietnam.

2. When wishing to register operation in the forms provided in this Decree (namely representative office registration certificate, project office registration certificate and operation registration certificate), foreign non­governmental organizations licensed to establish representative offices or project offices or to operate in Vietnam under the Regulation on operation of foreign non-governmental organizations in Vietnam, promulgated together with the Prime Minister's Decision No. 340/ TTg of May 24, 1996. arc not subject to reconsideration, but shall supplement and finalize dossiers under this Decree within 90 (ninety) days after the effective date of this Decree.

Article 31. Commendation and handling of violations

1. Foreigners and foreign non-governmental organizations that make active and effective contributions to humanitarian and development programs in Vietnam may be recognized and commended by the Vietnamese State under Vietnamese law.

2. Foreign non-governmental organizations that operate in contravention of their registration certificates or violate this Decree, depending on the severity of their violations, shall be suspended from part or whole of operation or have their certificate revoked by competent authorities. All violations of Vietnamese law committed by foreign non-governmental organizations and their employees in Vietnam shall be handled under Vietnamese law.

Article 32. Implementation responsibilities

1. The Ministry of Foreign Affairs shall coordinate with the Committee for Foreign Non-Governmental Organization Affairs in guiding and inspecting the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, the chairman of the Committee for Foreign Non-Governmental Organization Affairs, the president of the Vietnam Union of Friendship Organizations, chairpersons of provincial-level People's Committees and heads of central agencies of mass organizations shall implement this Decree.-

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER




Nguyen Tan Dung

 

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            Decree No. 12/2012/ND-CP on registration and management of activities of non-gov
            Loại văn bảnNghị định
            Số hiệu12/2012/ND-CP
            Cơ quan ban hànhChính phủ
            Người kýNguyễn Tấn Dũng
            Ngày ban hành01/03/2012
            Ngày hiệu lực01/06/2012
            Ngày công báo...
            Số công báo
            Lĩnh vựcBộ máy hành chính, Văn hóa - Xã hội
            Tình trạng hiệu lựcCòn hiệu lực
            Cập nhật10 năm trước

            Văn bản thay thế

              Văn bản gốc Decree No. 12/2012/ND-CP on registration and management of activities of non-gov

              Lịch sử hiệu lực Decree No. 12/2012/ND-CP on registration and management of activities of non-gov

              • 01/03/2012

                Văn bản được ban hành

                Trạng thái: Chưa có hiệu lực

              • 01/06/2012

                Văn bản có hiệu lực

                Trạng thái: Có hiệu lực