Circular No. 02/2013/TT-BNV detailing and guiding the implementation of certain provisions of Government Decree No. 30/2012/NĐ-CP dated April 12, 2012 on the organization and operation of social funds and charitable funds.

Circular No. 02/2013/TT-BNV detailing and guiding the implementation of certain provisions of Government Decree No. 30/2012/NĐ-CP on the organization and operation of social funds and charitable funds. This Circular applies to social funds, charitable funds, and related citizens and organizations.

Số hiệu02/2013/TT-BNV
Loại văn bảnCircular
Cơ quan ban hànhMinistry of Home Affairs
Người kýNguyễn Tiến Dĩnh — Thứ trưởng
Cập nhật25/06/2026
NgànhHome Affairs
Lĩnh vựcNon-Governmental Organizations
Ngày ban hành10/04/2013
Ngày áp dụng01/06/2013
Ngày hết hiệu lực01/12/2020
Tình trạngExpired
✦ Tóm lược thông minh

Circular No. 02/2013/TT-BNV detailing and guiding the implementation of certain provisions of Government Decree No. 30/2012/NĐ-CP on the organization and operation of social funds and charitable funds. This Circular applies to social funds, charitable funds, and related citizens and organizations.

Đối tượng áp dụng

Social funds, charitable funds, and related citizens and organizations involved in the activities of these funds.

Các điểm cốt lõi

  • Social funds and charitable funds must be established according to a notarized or authenticated will, or through a notarized power of attorney.
  • Citizens and organizations receiving inheritance or donations that do not meet the number of founding members required need not contribute assets to establish the fund.
  • The fund may establish affiliated legal entities if it meets the conditions stipulated by law.
  • Founding members and board members of the fund require approval from the competent authority if they fall under its jurisdiction.
  • This Circular takes effect from June 1, 2013, replacing Circular No. 09/2008/TT-BNV.

🌐 Tác động xã hội từ văn bản này

  • Positive impact: Ensuring transparent procedures for establishing and operating social funds and charitable funds in compliance with the law.
  • Negative impact: Administrative burden on founding members and board members of the fund due to procedural requirements.

❓ Câu hỏi thường gặp

What should citizens do when they want to establish a social fund?

Citizens must establish the fund according to a notarized or authenticated will, or through a notarized power of attorney.

Who must founding members and board members of the fund obtain approval from?

If founding members and board members of the fund fall under the jurisdiction of a competent authority, they must obtain written approval from this authority.

Can social funds and charitable funds establish affiliated legal entities?

Yes, but only if they meet the conditions and obtain a business license from the competent state management agency as prescribed by law.

How can social funds and charitable funds that have been temporarily suspended continue to use their seals?

The fund may not continue to use its seal during suspension. The fund may resume using its seal only after permission to operate again has been granted by the competent authority.

Which circular does this replace?

This Circular replaces Circular No. 09/2008/TT-BNV guiding the implementation of certain provisions of Government Decree No. 148/2007/NĐ-CP on the organization and operation of social funds and charitable funds.

Toàn văn

MINISTRY OF HOME AFFAIRS

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness

Number: 02/2013/TT-BNV

Hanoi, April 10, 2013

CIRCULAR

Detailed regulations and guidance on implementing certain provisions of the Decree

No. 30/2012/NĐ-CP dated April 12, 2012 of the Government

on organization and operation of social funds and charitable funds

Pursuant to Decree No. 61/2012/NĐ-CP dated August 10, 2012, promulgated by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

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

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

The Minister of Home Affairs issues this Circular detailing and guiding implementation of certain provisions of Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on organization and operation of social funds and charitable funds,

Article 1. Scope and Applicability

1. This Circular details and guides implementation of certain provisions of Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on organization and operation of social funds and charitable funds (hereinafter referred to as Decree No. 30/2012/NĐ-CP).

2. This Circular applies to social funds, charitable funds, and citizens and organizations related to the organization and operation of social funds and charitable funds as provided for in Decree No. 30/2012/NĐ-CP.

Article 2. Establishment of a fund according to a will or at the request of a donor through a power of attorney contract

1. In the case of establishing a fund according to a will, the will of the person leaving assets to be inherited by a citizen or organization in Vietnam with the obligation to establish the fund must be made in writing and notarized or certified in accordance with the law.

2. Establishing a fund at the request of a donor through a power of attorney contract means that the donor transfers assets to the recipient (a citizen or organization) under the condition that the recipient has the responsibility to establish the fund through a power of attorney contract as the founder of the fund. The power of attorney contract must be in writing and notarized in accordance with the law.

3. In cases where a citizen or organization receiving inheritance or donation does not have the required number of founders to establish a fund as stipulated in Clause 2, Article 9 of Decree No. 30/2012/NĐ-CP, the citizen or organization receiving the inheritance or donation shall be responsible for supplementing the required number of founders in accordance with the provision, and the supplementary founders are not required to contribute assets to establish the fund as stipulated in Clause 1, Article 9 of Decree No. 30/2012/NĐ-CP.

Article 3. Establishment of a subsidiary legal entity under a fund

1. When a fund has the need and meets the conditions to establish a subsidiary legal entity operating in fields consistent with the charter of the fund, which has been recognized by the competent state management agency and for which specific legal conditions, procedures, steps, documents, and the authority to issue an operating permit (registration certificate for activities, business license, or other form) are prescribed by law, the fund decides to establish the legal entity and notify the competent state agency as stipulated in Article 16 of Decree No. 30/2012/NĐ-CP.

2. The notification includes:

a) Name of the legal entity;

b) Address of the main office of the legal entity;

c) Scope and field of activity of the legal entity;

d) Full name and permanent address of the legal representative of the legal entity;

e) Decision to establish the legal entity (original);

f) Copies of documents: Regulations or provisions on the organization and operation of the legal entity; decision appointing the head of the legal entity; operating permit issued by the competent state agency (if any).

Article 4. Founders and members of the Fund Management Board

1. If the founders establishing the fund are under the management authority of a competent agency, they must obtain written approval from the competent agency in accordance with regulations on the hierarchical management of cadres before submitting to the state management agency for issuance of a license to establish and recognize the fund's charter as stipulated in Article 16 of Decree No. 30/2012/NĐ-CP.

2. Personnel proposed as members of the Fund Management Board who are under the management authority of a competent agency must obtain written approval from the competent agency in accordance with regulations on the hierarchical management of cadres before electing the Fund Management Board and submitting to the state management agency for recognition as stipulated in Article 16 of Decree No. 30/2012/NĐ-CP. The Chairman of the Fund Management Board has a term of office that coincides with the term of the Fund Management Board.

Article 5. Suspension of the use of the fund's seal

1. The competent agency specified in Article 16 of Decree No. 30/2012/NĐ-CP decides to suspend the use of the fund's seal when the fund is suspended from operations according to the law.

2. The fund may continue to use its seal when the competent agency permits the fund to resume operations after being suspended.

Article 6. Guidelines for presenting documents

a) Two Register models (Annex I);

a) A list of sample formats for presenting documents applicable to funds and Vietnamese citizens and organizations (Annex I);

b) A list of sample formats for presenting documents applicable to state management agencies (Annex II).

2. The format and technical presentation of documents shall be in accordance with Circular No. 01/2011/TT-BNV dated January 19, 2011, issued by the Ministry of Home Affairs guiding the format and technical presentation of administrative documents.

Article 7. Effective Date

1. This Circular takes effect from June 1, 2013.

2. This Circular replaces Circular No. 09/2008/TT-BNV dated December 31, 2008, issued by the Minister of Home Affairs guiding the implementation of certain provisions of Decree No. 148/2007/NĐ-CP dated September 25, 2007, of the Government on the organization and operation of social funds and charitable funds.

Article 8. Responsibility for Implementation

1. The Minister, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairmen of People's Committees of provinces and centrally governed cities, and social and charitable funds are responsible for implementing this Circular.

2. In the course of implementation, if there are difficulties, it is recommended that agencies, units, and funds report to the Ministry of Home Affairs for study, amendment, and supplementation to ensure compliance.

 

 

Place of Receipt:
- Prime Minister, Deputy Prime Ministers;
- Ministries, agencies equivalent to ministries, and government agencies;
- Central Party Office and Party Committees;
- National Assembly's Office;
- General Secretary's Office;
- President's Office;
- Government Office;
- Supreme People's Court;
- Supreme People's Procuracy;
- State Audit Agency;
- Central Committee of the Vietnam Fatherland Front;
- Central Agencies of Mass Organizations;
- Provincial People's Councils, Provincial People's Committees;
- Official Gazette, Government Portal;
- Department of Legal Drafting, Ministry of Justice;
- Ministry of Home Affairs: Ministers, Deputy Ministers, Departments, Bureaus, Institutes, and affiliated organizations;
- Provincial Department of Home Affairs, Provincial Finance Departments;
- Ministry of Home Affairs' electronic information website;
- To be filed: VT, Department of Administrative Procedures, Office.

DEPUTY MINISTER
DEPUTY MINISTER

(Signed)


Nguyen Tien Ding

ANNEX I

LIST OF SAMPLE FORMATS FOR PRESENTING DOCUMENTS APPLICABLE TO FUNDS AND VIETNAMESE CITIZENS AND ORGANIZATIONS
(Attached to Circular No. 02/2013/TT-BNV dated April 10, 2013, issued by the Minister of Home Affairs)

Sample 1 - Application for establishment of a fund

Sample 2 - Model Charter of Social Funds and Charitable Funds

Sample 3 - Commitment Letter of Contributed Assets for Establishing a Fund

Sample 4 - Document Requesting Extension of Time for Transfer of Ownership of Contributed Assets for Establishing a Fund

Sample 5 - Application for Change of Establishment License and Recognition of Charter (Amendment and Supplement) of a Fund

Sample 6 - Application for Reissue of Establishment License and Recognition of Charter of a Fund

Sample 7 - Notice of Establishment and Operation of a Branch (or Representative Office) of a Fund

Sample 8 - Application for Dissolution of a Fund

Sample 9 - Application for Name Change of a Fund

Sample 10 - Application for Splitting a Fund

Sample 11 - Application for Dividing a Fund

Sample 12 - Application for Merger of Funds

Sample 13 - Application for Consolidation of Funds

Sample 14 - Application for Resumption of Operations of a Fund

Sample 15 - Report on Corrective Actions Taken Due to Violations Leading to Suspension of Fund Operations

Sample 16 - Report on Organizational and Operational Status of a Fund

 

Sample 1 - Application for establishment of a fund

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

 

PETITION FOR APPLICATION

Establishing the Fund ...(1)

Respectfully submitted to: ...(2)...

I am ..., representing the Founders in establishing the Fund ...(1)..., respectfully request ...(2)..., to consider and decide to issue the License for Establishment and Recognition of the Charter of the Fund ...(1)..., as follows:

1. The necessity and legal basis for establishing the Fund

a) The necessity

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

b) Legal basis for establishing the Fund

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

2. Contributed assets for establishing the Fund by the Founders

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

3. Proposed operational direction in the first five years of the Fund

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

4. Documents attached to this Application include:

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

Contact Information:

Full name: …

Address: ...

Contact phone number: ...

Request ... (2) ..., to consider and decide to issue the License for Establishment and Recognition of the Charter of the Fund ...(1).../.

 

 

Place of Receipt:
- As above;
- To be filed: ...

(8)..., day ... month ... year 20...
HEAD OF THE FOUNDATION BOARD
CHAIRMAN
(Signature)
Full Name

Note:

(1) Name of the Fund to be established;

(2) Name of the Competent Authority to Approve the Establishment of the Fund;

(3) Summarize the current situation in the field where the Fund is expected to operate, the necessity of establishing the Fund, the purpose and objectives of the Fund; experience or work of the Founders related to the field where the Fund is expected to operate;

(4) Party policy; state policies and laws directly related to the field where the Fund is expected to operate;

(5) Contributed assets for establishing the Fund include Vietnamese Dong and assets convertible into Vietnamese Dong as stipulated in Article 12 of Decree No. 30/2012/NĐ-CP;

(6) Proposed operational direction of the Fund: Strengthen organizational structure, develop and issue documents to implement the Fund's charter, carry out activities in accordance with the Fund's purpose and objectives...;

(7) Ensure completeness as stipulated in Article 13 of Decree No. 30/2012/NĐ-CP;

(8) Place name.

 

Sample 2 - Model Charter of Social Funds and Charitable Funds(*)

…..(1)…..
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

 

ARTICLES (OR AMENDED AND COMPLEMENTED ARTICLES)
FUND
(2)
(Recognized together with Decision number ... dated ... month ... year ... of ...)

Chapter I.
GENERAL PROVISIONS

Article 1. Name, Emblem, Headquarters

1. Name:

a) Vietnamese name: …;

b) Foreign language name (if any) …;

c) Abbreviation (if any): …

2. Emblem (logo) of the Fund (if any) …

3. Headquarters: House number, street/road (if any) …, commune/district …, district/city …, province/city …

Article 2. Aims and Objectives

1. The … Fund(2)… (hereinafter referred to as the Fund) is a … fund(3)… operating without profit, aiming at …(4)

2. The Fund is established from the initial capital contributions of the founders and self-generated capital based on …(5)... to carry out activities …(6)

Article 3. Organizational Principles, Scope of Activities and Legal Status

1. The Fund operates according to the following principles:

a) Not for profit;

b) Voluntary, self-generated capital, self-financed expenses, and legally responsible for the Fund's assets;

c) Transparency regarding income, expenditure, finance, and assets of the Fund;

d) In accordance with the Fund’s Articles of Association recognized by …(7)… complying with the law, subject to state management by …(8)… in the field of the Fund's operations;

đ) Not dividing the Fund's assets during its operation.

2. The Fund has a scope of activities …(9)

3. The Fund has legal personality, a seal, and a bank account in accordance with the provisions of the law.

Article 4. Founders Establishing the Fund (10)

Chapter II.
FUNCTIONS, DUTIES; RIGHTS AND OBLIGATIONS

Article 5. Functions and Duties

1. Utilize the Fund's capital to support and sponsor individuals, programs, and projects consistent with the Fund's purpose and legal regulations.

2. Receive and manage assets sponsored, donated, or granted by domestic and foreign organizations and individuals under authorization to implement activities in accordance with the authorized contracts, consistent with the Fund's purpose and legal regulations.

3. Accept assets from domestic and foreign organizations and individuals sponsoring, donating, or granting in other forms as prescribed by law to create the Fund's capital sources.

Article 6. Rights and Obligations

(Regulated in Article 30 of Decree No. 30/2012/NĐ-CP. Based on the Fund's purpose and relevant legal regulations to specify in detail).

Chapter III.
ORGANIZATION AND OPERATIONS

组织结构(第1-13条)

1. Management Board of the Fund.

2. Fund Supervisory Board.

3. Representative offices, branches, subordinate units (if any).

Article 8. Management Board of the Fund

1. The Management Council of the Fund is the governing body of the Fund, acting on behalf of the Fund to decide and perform the rights and obligations of the Fund. The Management Council of the Fund consists of ... members nominated by the founders. In cases where there is no nomination by the founders establishing the Fund, the Management Council of the previous term elects the Management Council of the next term and is ...(7)... recognized. The term of the Management Council of the Fund is ... years. The Management Council of the Fund includes: Chairman, Vice Chairmen, and members.

2. The Management Council of the Fund has the following duties and powers:

a) Decide on the development strategy and annual operational plan of the Fund;

b) Decide on development solutions for the Fund; approve loan contracts, purchase, and sale of assets valued at ... Vietnamese dong or more;

c) Elect, appoint, and dismiss the Chairman, Vice Chairmen, and members of the Management Council of the Fund; decide on the establishment of the Fund's Supervisory Board; decide on the appointment, dismissal, and removal of the Fund Director or terminate the employment contract with the Fund Director when the Director is hired by the Fund; decide on the person responsible for accounting work and other managers specified in the Fund's Articles of Association;

d) Decide on salaries, bonuses, and other benefits for the Chairman, Vice Chairmen, members of the Management Council of the Fund, the Director, the person responsible for accounting at the Fund, and employees working at the Fund as stipulated in the Fund's Articles of Association and relevant laws;

đ) Approve the annual financial report, asset utilization plans, and financial resources of the Fund;

e) Decide on the organizational structure of the Fund's management;

g) Decide on the establishment of affiliated legal entities, branches, and representative offices of the Fund in accordance with the law;

h) Amend and supplement the Fund's Articles of Association;

i) Decide on the dissolution or propose changes to the establishment permit and the Fund's Articles of Association to the competent state authority;

k) Within sixty days from the date of recognition that the Fund meets the conditions for operation and recognizes the Management Council of the Fund, the Management Council of the Fund is responsible for drafting and promulgating: Regulations on the management and use of assets, finances, and consumption quotas of the Fund; Regulations on commendation, disciplinary actions, and handling complaints and reports within the Fund; Regulations on working hours, labor usage, and seal usage of the Fund; Detailed regulations on the election, appointment, and dismissal of the Chairman, Vice Chairmen, and members of the Management Council of the Fund and the operating rules of the Management Council of the Fund and the Supervisory Board; Detailed regulations on the appointment, dismissal, and removal of the Fund Director or termination of the employment contract with the Fund Director;

l) Other duties and powers as prescribed by law (if any).

3. Principles of Operation of the Management Council of the Fund:

a) Meetings of the Management Council of the Fund are convened and chaired by the Chairman of the Management Council of the Fund. The Management Council of the Fund meets regularly ... times, and may convene extraordinary meetings upon request of ... members of the Management Council of the Fund. A meeting of the Management Council of the Fund is considered valid when attended by ... members of the Management Council of the Fund;

b) Each member of the Management Council of the Fund has one voting ballot. In case the number of members present at the meeting is insufficient, the chairperson of the Management Council of the Fund solicits opinions in writing, and the written opinion of absent members is equivalent to the opinion of present members;

c) Decisions of the Management Council of the Fund are adopted when approved by ... members of the Management Council of the Fund.

Article 9. Chairman of the Fund Management Council

1. The Chairman of the Fund Management Council shall be a Vietnamese citizen, the legal representative of the Fund, responsible for the activities of the Fund under the law. The Chairman of the Fund Management Council is elected by the Fund Management Council and has a term of office corresponding to that of the Fund Management Council.

2. Duties of the Chairman of the Fund Management Council:

a) Prepare or organize the preparation of programs and plans for the activities of the Fund Management Council;

b) Prepare or organize the preparation of agendas, contents, and meeting materials for the Fund Management Council or to solicit opinions from members of the Fund Management Council;

c) Summon and chair meetings of the Fund Management Council or organize the solicitation of opinions from members of the Fund Management Council;

d) Supervise or organize supervision of the implementation of decisions made by the Fund Management Council;

đ) Represent the Fund Management Council to sign decisions of the Fund Management Council;

e) Other rights and duties as prescribed by law (if any).

3. In case of absence, the Chairman of the Fund Management Council shall authorize in writing the Vice-Chairman of the Fund Management Council to perform the duties of the Chairman of the Fund Management Council.

Article 10. Vice-Chairman of the Fund Management Council

1. The Vice-Chairman of the Fund Management Council is elected by the Fund Management Council and has a term of office corresponding to that of the Fund Management Council.

2. The Vice-Chairman of the Fund Management Council assists the Chairman of the Fund Management Council in managing the operations of the Fund according to the division of labor by the Fund Management Council and performs tasks according to the authorization of the Chairman of the Fund Management Council.

Article 11. Audit Board of the Fund

(Based on the provisions of Article 27 of Decree No. 30/2012/NĐ-CP to specify)

Article 12. Director of the Fund

(Based on the provisions of Article 25 of Decree No. 30/2012/NĐ-CP to specify)

Article 13. Accounting Officer of the Fund

(Based on the provisions of Article 26 of Decree No. 30/2012/NĐ-CP to specify)

Article 14. Professional Department to Assist (if any)

Article 15. Branches, Representative Offices

(Based on the provisions of Article 29 of Decree No. 30/2012/NĐ-CP to specify)

Chapter IV.
RAISING DONATIONS AND ACCEPTING SPONSORSHIP, ELIGIBILITY AND CONDITIONS FOR SUPPORT

Article 16. Raising Donations and Accepting Sponsorship

1. The Fund may raise donations and seek sponsorship both domestically and internationally to achieve its operational objectives as stipulated in the Fund Charter and in accordance with the law.

2. All donations and sponsorships received from individuals and organizations within and outside the country must be deposited directly into the Fund in accordance with current state regulations, while simultaneously disclosing information through the organization's website (if available) to allow the public and sponsors to monitor and oversee.

3. Organizing fundraising to support relief efforts can only be carried out when natural disasters, fires, or serious accidents cause significant casualties and property damage to the people. The Fund Management Council decides to organize fundraising and implement support in accordance with guidelines from the Central Committee of the Vietnam Fatherland Front.

4. For sponsorships, donations, and contributions aimed at disaster relief, flood recovery, and emergency assistance, funds and assets must be fully disbursed at 100% immediately upon receipt. For sponsorships with specific purposes, they must be implemented strictly in accordance with the donor's requirements.

Article 17. Principles for soliciting donations and accepting sponsorships

Soliciting sponsorships, soliciting monetary and material donations, and soliciting volunteer efforts from individuals and organizations must be based on voluntary contributions with goodwill. The Fund shall not set a minimum contribution level to compel individuals and organizations to contribute.

Soliciting, receiving, managing, and using money and materials donated by individuals and organizations to the Fund must be transparent and subject to inspection, examination, and supervision in accordance with the law.

3. The content of soliciting donations and accepting sponsorships must be transparent and include: the purpose of soliciting donations and sponsorships; the results of soliciting donations and sponsorships; the use of funds and materials and the outcomes thereof; and final settlement reports.

4. Forms of transparency include:

a) Publicly posting at locations where donations and sponsorships are received and where assistance is provided;

b) Announcing on mass media;

c) Providing information upon request from agencies, organizations, and individuals in accordance with the law.

Article 18. Recipients and Conditions for Receiving Support and Sponsorship...

Chapter V.
MANAGEMENT AND USE OF ASSETS AND FINANCES

Article 19. Sources of Income

(Based on the provisions of Article 32 of Decree No. 30/2012/NĐ-CP to specify in detail)

Article 20. Use of the Fund

(Based on the provisions of Article 33 of Decree No. 30/2012/NĐ-CP to specify in detail)

Article 21. Contents of Expenditures for Managing the Fund

(Based on the provisions of Article 34 of Decree No. 30/2012/NĐ-CP to specify in detail)

Article 22. Financial and Asset Management of the Fund

(Based on the provisions of Article 35 of Decree No. 30/2012/NĐ-CP to specify in detail)

Article 23. Handling of Fund Assets in Cases of Merger, Consolidation, Division, Splitting, Temporary Suspension, and Dissolution

(Based on the provisions of Article 39 of Decree No. 30/2012/NĐ-CP to specify in detail)

Chapter VI.
MERGER, CONSOLIDATION, DIVISION, SPLITTING, NAME CHANGE, AND DISSOLUTION OF THE FUND

Article 24. Merger, Consolidation, Division, Splitting, and Name Change of the Fund

1. The merger, consolidation, division, splitting, and name change of the Fund shall be carried out in accordance with the provisions of Article 36 of Decree No. 30/2012/NĐ-CP.

2. The Fund Management Board shall be responsible for organizing the implementation of decisions on merging, consolidating, dividing, splitting, and changing the name of the Fund in accordance with the law.

Article 25. Dissolution of the Fund

1. The dissolution of the Fund shall be carried out in accordance with the provisions of Article 38 of Decree No. 30/2012/NĐ-CP.

2. The Fund Management Board shall be responsible for organizing the implementation of the decision to dissolve the Fund in accordance with the law.

Chapter VII.
REWARD AND DISCIPLINE

Article 26. Awards

1. Organizations and individuals who have made significant contributions to the activities of the Fund may be awarded commendations by the Fund Management Board or recommended for commendations by competent state authorities in accordance with the law.

2. The Fund Management Board shall specify in detail the forms, authority, and procedures for considering and awarding commendations within the Fund.

Article 27. Disciplinary Measures

1. Organizations under the Fund and individuals working at the Fund who violate the provisions of this Charter shall be subject to disciplinary measures or criminal liability depending on the nature and severity of the violation. If they cause material damage, they must compensate according to the law.

2. The Fund Management Board shall specify in detail the forms, authority, and procedures for considering and deciding on disciplinary measures within the Fund.

Chapter VIII.
IMPLEMENTING PROVISIONS

Article 28. Amendment and Supplement to the Charter

Amendments and supplements to the Fund Charter must be approved by... members of the Fund Management Board.

Article 29. Effective Date

1. The Fund Charter has... Chapters, ... Articles and becomes effective from the date it is...(2)... recognized.(7)2. Based on the laws regarding social funds, charitable funds, and the recognized Fund Charter, the Fund Management Board...

... shall be responsible for guiding and organizing the implementation of this Charter./.(2)Based on specific conditions, the fund may supplement additional articles in accordance with the law;

 

 

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(*) Name of the issuing agency;

(1) Name of the fund;

(2) Social fund, charitable fund, or social-charitable fund;

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

(4) The specific purpose of the fund based on Article 2 of Decree No. 30/2012/NĐ-CP and relevant laws;

(5) Forms of capital formation for the fund include: fundraising, soliciting donations from individuals and organizations both domestically and internationally...as prescribed by law;

(6) Activities directed towards the main beneficiaries of the fund;

(7) The competent authority to recognize the charter of the fund;

(8) State management agencies related to the main field of operation of the fund;

(9) Nationwide, inter-provincial, within a province, district, commune;

(10) Clearly state information about the founders: In case the founder is an individual: Full name; date of birth; nationality; ID card number or passport number and place of issuance; permanent address. In case the founder is an organization: Name of the organization, main office address, license or establishment decision and operation; business registration certificate (if available).

 

Sample 3 - Commitment Letter of Contributed Assets for Establishing a Fund

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

 

COMMITMENT

Assets contributed to establish the Fund...(1)

As stipulated in Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds and relevant laws; Founding Board of the Fund...(1)... commits to the amount of money and assets convertible into Vietnamese dong to be contributed to establish the Fund:

1. Total value of money and assets is: …………………………………………………………….. VND

(in words: ...)

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

Amount: ...dong

(in words: ...)

The Founding Board of the Fund commits to the amount of money and assets contributed to establish the Fund which belong to the lawful ownership of ...(2)..., without dispute and this commitment is entirely voluntary. We hereby undertake full responsibility under the law for the content of the Founding Board's commitment. All these assets will be transferred to the ownership of the Fund ...(1)... immediately after the Decision granting the License for Establishment and Recognition of the Charter of the Fund according to the provisions of the law./.

 


MEMBERS OF THE FOUNDING BOARD
(Signature)
Full Name

(3)..., day ..., month ..., year 20...
CHAIRMAN OF THE FOUNDING BOARD
(Signature)
Full Name

Note:

(1) Name of the Fund to be established;

(2) Founders establishing the fund or foreign citizens and organizations contributing assets with Vietnamese citizens and organizations to establish the fund;

(3) Place name.

 

Sample 4 - Document Requesting Extension of Time for Transfer of Ownership of Contributed Assets for Establishing a Fund

…….(1)…….
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....
Re: Request for Extension of Time to Transfer Ownership of Contributed Assets to Establish the Fund

(2)..., day ..., month ..., year 20...

 

Respectfully submitted to:(3)

On ..., day ..., month ..., year ..., ... has Decision Granting the License for Establishment and Recognition of the Charter of the Fund...(1)...,

According to Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds; assets contributed to establish the fund must be transferred to the ownership of the fund within 45 (forty-five) working days from the date the fund is granted the license for establishment and recognition of its charter.

However,... (4) ……………………………………………………

Due to the above objective reasons, we request...(3)... to consider and allow extension of time to transfer ownership of contributed assets to establish the Fund until...(5)...

Contact Information:

Full name: …

Address: ...

Contact phone number: ...

 

 

Place of Receipt:
- As above;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

HEAD OF THE FOUNDATION BOARD
CHAIRMAN
(Signature)
Full Name

Note:

(1) Name of the proposed Fund;

(2) Place name;

(3) Name of the Competent Authority to Approve the Establishment of the Fund;

(4) Specifically state the objective reasons leading to failure to transfer ownership of contributed assets;

(5) Clearly state the date, month, year; maximum not exceeding the deadline specified in Point b Clause 1 Article 17 of Decree No. 30/2012/NĐ-CP.

 

Sample 5 - Application for Change of Establishment License and Recognition of Charter (Amendment and Supplement) of a Fund

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

 

PETITION FOR APPLICATION

Change License for Establishment and Recognition of Charter (amendment and supplementation)
Fund...(1)...

Respectfully submitted to:(2)

According to Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds and relevant laws; Management Council of the Fund...(1)... requests...(2)... to consider and decide on the change of License for Establishment and Recognition of Charter (amendment and supplementation) of the Fund as follows:

1. Basic information about Fund ...

2. Reasons for requesting changes ...

3. Contents of changes ...

4. Documents attached with this application, including:

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

5. Related documents (if any)

Contact Information:

Full name: …

Address: ...

Contact phone number: ...

 

 

Place of Receipt:
- As above;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

(4)..., day ... month ... year 20...
MANAGEMENT COUNCIL OF THE FUND
(Position, signature, seal)
Full Name

Note:

(1) Name of the Fund according to the decision granting the license for establishment and recognition of the charter of the Fund;

(2) Name of the Competent Authority to Approve the Establishment of the Fund;

(3) Ensure completeness as stipulated in Article 18 of Decree No. 30/2012/NĐ-CP;

(4) Place name.

 

Sample 6 - Application for Reissue of Establishment License and Recognition of Charter of a Fund

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

 

PETITION FOR APPLICATION

Reissue License for Establishment and Recognition of Charter

Fund …(1)

Unit: Equivalent USD: …(2)

According to Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds and relevant laws; Management Council of the Fund...(1)... requests...(2)... to consider and decide to reissue the License for Establishment and Recognition of Charter of the Fund as follows:

1. Basic information about Fund ...

2. Reason for requesting reissue ...

3. Documents attached with this application, including:

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

4. Related documents (if any)

Contact Information:

Full name: …

Address: ...

Contact phone number: ...

 

 

Place of Receipt:
- As above;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

(4)..., day ... month ... year 20...
MANAGEMENT COUNCIL OF THE FUND
(Position, signature, seal)
Full Name

Note:

(1) Name of the Fund according to the decision granting the license for establishment and recognition of the charter of the Fund;

(2) Name of the Competent Authority to Approve the Establishment of the Fund;

(3) Ensure completeness as stipulated in Article 18 of Decree No. 30/2012/NĐ-CP;

(4) Place name.

 

Sample 7 - Notice of Establishment and Operation of a Branch (or Representative Office) of a Fund

…….(1)…….
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

NOTICE

Establishment and Operation of Branch (or Representative Office)
of Fund ….(1)….

According to Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds and relevant laws; Management Council of the Fund …(1)... hereby informs the establishment and operation of the branch (or representative office) of the Fund at …(3)..., as follows:

1. Information about the Fund

- Name of the Fund: …

- Main office address of the Fund:…

- Purpose and mission of the Fund: …

- Main field of activity of the Fund:…

- Scope of activity of the Fund:…

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

- Name of the branch (or representative office):…

- Address of the branch (or representative office):…

- Scope of activity of the branch (or representative office):…

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

- Full name: …

- Permanent residence address: ...

- ID Card Number or Passport Number:…

Issued by..., day... month... year ...

4. Documents attached with this notice, including:

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

 

 

Place of Receipt:

- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

MANAGEMENT COUNCIL OF THE FUND
(Position, signature, seal)
Full Name

Note:

(1) Name of the Fund according to the decision granting the license for establishment and recognition of the charter of the Fund;

(2) Place name;

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

(4) Ensure completeness as stipulated in Clause 4 Article 29 of Decree No. 30/2012/NĐ-CP.

 

Sample 8 - Application for Dissolution of a Fund

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

 

PETITION FOR APPLICATION

Dissolution of Fund...(1)...

Respectfully submitted to:(2)

According to Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds and relevant laws; Management Council of the Fund...(1)... has Resolution on the dissolution of the Fund.

1. Basic information about Fund ...

2. Reasons for the Fund's request for self-dissolution …

3. Documents attached with this application, including:

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

4. Related documents (if any)

Contact Information:

Full name:…

Address: ...

Contact phone number: ...

Management Council of the Fund …(1)… requests…(2)…. to consider and decide on the dissolution of the Fund in accordance with the law./.

 

 

Place of Receipt:
- As above;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

(4)..., day ... month ... year 20...
MANAGEMENT COUNCIL OF THE FUND
(Position, signature, seal)
Full Name

Note:

(1) Fund requesting dissolution;

(2) Name of the Competent Authority to Approve the Establishment of the Fund;

(3) Ensure completeness as stipulated in Clause 3 Article 38 of Decree No. 30/2012/NĐ-CP;

(4) Place name.

 

Sample 9 - Application for Name Change of a Fund

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

 

PETITION FOR APPLICATION

Rename Fund …(1)… to Fund …(2)

Respectfully submitted to:(3)

According to Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds and relevant laws; Management Council of the Fund...(1)... has Resolution on renaming the Fund...(1)... to Fund ...(2)...

1. Basic information about Fund ...

2. Reasons for renaming…

3. Documents attached with this application, including:

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

4. Related documents (if any)

Contact Information:

Full name: …

Address: ...

Contact phone number: ...

Management Council of the Fund …(1)… requests…(3)… to consider and decide to rename the Fund …(1)… to Fund …(2)… and recognize the amended and supplemented Charter of the Fund …(2)…/.

 

 

Place of Receipt:
- As above;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

(5)..., day ... month ... year 20...
MANAGEMENT COUNCIL OF THE FUND
(Position, signature, seal)
Full Name

Note:

(1) Name of the proposed Fund;

(2) Name of the Fund after renaming;

(3) Name of the Competent Authority to Approve the Establishment of the Fund;

(4) Ensure completeness as stipulated in Point b Clause 4 Article 36 of Decree No. 30/2012/NĐ-CP;

(5) Place name.

 

Sample 10 - Application for Splitting a Fund

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

 

PETITION FOR APPLICATION

Split Fund …(1)… to Fund …(1)… and Fund …(2)

Respectfully submitted to:(3)….

According to Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds and relevant laws; Management Council of the Fund …(1)... has Resolution on splitting the Fund …(1)… to Fund …(1)… and Fund …(2)

1. Basic information about Fund ...

2. Reasons for splitting the Fund …

3. Documents attached with this application, including:

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

4. Related documents (if any)

Contact Information:

Full name: …

Address: ...

Contact phone number: ...

Management Council of the Fund …(1)… requests…(3)… to consider and decide to split the Fund …(1)… to Fund …(1)… and Fund …(2)… and recognize the amended and supplemented Charter of the Fund …(1)… and the Charter of the Fund …(2)…/

 

 

Place of Receipt:
- As above;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

(5)..., day ... month ... year 20...
MANAGEMENT COUNCIL OF THE FUND
(Position, signature, seal)
Full Name

Note:

(1) Name of the proposed Fund;

(2) Name of the newly established Fund;

(3) Name of the Competent Authority to Approve the Establishment of the Fund;

(4) Ensure completeness as stipulated in Clause 3 Article 36 of Decree No. 30/2012/NĐ-CP;

(5) Place name.

 

Sample 11 - Application for Dividing a Fund

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

 

PETITION FOR APPLICATION

Divide Fund …(1)… into Fund ...(2)... and Fund …(3)

Respectfully submitted to: ...(4)

According to Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds and relevant laws; Management Council of the Fund …(1)... has Resolution on dividing the Fund …(1)… to Fund …(2)… and Fund ...(3)...

1. Some basic information about the Fund…

2. Reasons for dividing the Fund…

3. Documents attached with this application, including:

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

4. Other related documents (if any)

Contact Information:

Full name:…

Email address

Phone number:...

Management Council of the Fund …(1)… requests…(4)… to consider and decide to divide the Fund …(1)… to Fund …(2)… and Fund …(3)... and recognize the Charter of the Fund ...(2)... and Fund …(3)…/.

 

 

Place of Receipt:
- As above;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

(6)..., day ... month ... year 20...
TM. MANAGEMENT BOARD OF THE FUND ...(1)
(Position, signature, seal)
Full Name

Note:

(1) Name of the proposed Fund;

(2)(3) Name of the new fund after division;

(4) Name of the Competent Authority to Approve the Establishment of the Fund;

(5) Ensure completeness as stipulated in Clause 3 Article 36 of Decree No. 30/2012/NĐ-CP;

(6) Place name.

 

Sample 12 - Application for Merger of Funds

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

 

PETITION FOR APPLICATION

Merge the Fund ...(1)… and Fund …(2)
into the Fund ...(3)

Respectfully submitted to: ...(4)

According to Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds and relevant laws; Management Council of the Fund …(1)… and Fund …(2)... has adopted a Resolution on the merger of two funds into the Fund ...(3)...

1. Some basic information about the merged Funds ...

2. Reasons for merging the Fund...

3. Documents attached with this application, including:

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

4. Related documents (if any).

Contact Information:

Full name: …

Address: ...

Contact phone number: ...

We hereby propose ...(4)... to consider and decide to permit the merger of the Fund ...(1)… and Fund …(2)… to Fund …(3)... and recognize the Charter of the Fund ...(3)…/.

 

 

Place of Receipt:
- As above;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK


TM. MANAGEMENT BOARD OF THE FUND …(1)
(Position, signature, seal)
Full Name

(6)..., day ... month ... year 20...
TM. MANAGEMENT BOARD OF THE FUND…(2)
(Position, signature, seal)
Full Name

Note:

(1)(2) The funds proposing to merge;

(3) Name of the new fund after merger;

(4) Name of the Competent Authority to Approve the Establishment of the Fund;

(5) Ensure completeness as stipulated in Clause 3 Article 36 of Decree No. 30/2012/NĐ-CP;

(5) Place name.

 

Sample 13 - Application for Consolidation of Funds

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

 

PETITION FOR APPLICATION

Absorb the Fund ...(1)... into the Fund ...(2)...

Respectfully submitted to:(3)...

According to Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds and relevant laws; Management Council of the Fund …(1)... and the Management Board of the Fund …(2)... has adopted a Resolution on the absorption of the Fund …(1)... into the Fund ...(3)... Management Board of the Fund ...(2)... hereby reports as follows:

1. Some basic information about the Funds

a) The absorbed Fund …

b) The absorbing Fund…

2. Reasons for absorption …

3. Documents attached with this application, including:

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

4. Related documents (if any)

Contact Information:

Full name: …

Address: ...

Contact phone number: ...

We hereby propose ...(3)... to consider and decide to permit the absorption of the Fund …(1)... into the Fund ...(2)... and recognize the amended and supplemented Charter of the Fund ...(2)... after absorption./.

 

 

Place of Receipt:
- As above;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK


TM. MANAGEMENT BOARD OF THE FUND …(1)
(Position, signature, seal)
Full Name

(5)..., day ... month ... year 20...
TM. MANAGEMENT BOARD OF THE FUND…(2)
(Position, signature, seal)
Full Name

Note:

(1) The absorbed Fund;

(2) The absorbing Fund;

(3) Name of the Competent Authority to Approve the Establishment of the Fund;

(4) Ensure completeness as stipulated in Clause 3 Article 36 of Decree No. 30/2012/NĐ-CP;

(5) Place name.

 

Sample 14 - Application for Resumption of Operations of a Fund

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

 

PETITION FOR APPLICATION

For the Fund …(1)... to resume operations

Respectfully submitted to:(2)

On ... day ... month ... year …, …(2)… has issued Decision number ... on ... regarding the temporary suspension of operations for ... months for the Fund ...(1)... To date, the Fund has rectified all violations leading to its temporary suspension of operations. Based on Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds and relevant laws; the Management Board of the Fund hereby reports as follows:

1. Summary of violation contents and results of rectifying violations by the Fund .........................

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

2. Documents attached with this report include:

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

3. Attached documents (if any)

Contact Information:

Full name: …

Address: ...

Contact phone number: ...

The Management Board of the Fund proposes ...(2)... to consider and decide to permit the Fund ...(1)… to resume operations./.

 

 

Place of Receipt:
- As above;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

(4)..., day ... month ... year 20...
MANAGEMENT COUNCIL OF THE FUND
(Position, signature)
Full Name

Note:

(1) Name of the proposed Fund;

(2) Name of the Competent Authority to Approve the Establishment of the Fund;

(3) Ensuring compliance with Clause 3, Article 37 of Decree No. 30/2012/NĐ-CP;

(4) Place name.

 

Sample 15 - Report on Corrective Actions Taken Due to Violations Leading to Suspension of Fund Operations

…….(1)…….
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

REPORT

Fund …(1)… has rectified all violations leading to its temporary suspension of operations

On ... day ... month ... year …, …(3)… has issued Decision number …(4)… temporarily suspend operations …(5)… months for the Fund …(1)… To date, the Fund has rectified all violations. Based on Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds and relevant laws; the Management Board of the Fund hereby reports as follows:

1. Violation contents of the Fund …

2. Results of rectifying violations by the Fund …

Above is the report on the Fund's rectification of violations leading to its temporary suspension of operations./.

 

 

Place of Receipt:
- As above;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

MANAGEMENT COUNCIL OF THE FUND
(Position, signature)
Full Name

Note:

(1) Name of the reporting Fund;

(2) Place name;

(3) Name of the authority with the power to approve establishment;

(4) Clearly state the number, code, date, and year of issuance of the decision;

(5) Clearly state the number of months of temporary suspension of operations.

 

Model 16 - Report on the organizational and operational situation of the Fund

…….(1)…….
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

REPORT

Organizational and operational situation in the year ...

1. Activities of the Fund

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

2. Regarding the organization of the Fund

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

3. Regarding assets and finance of the Fund

a) Assets of the Fund …(5)......................................................................

b) Revenue sources of the Fund (Vietnamese Dong) …

- Carried forward from previous year …

- Revenue generated during the year  …

Where:

+ Voluntary contributions and sponsorships from domestic organizations and individuals…

+ Voluntary contributions and sponsorships from foreign organizations and individuals…

+ Other revenue sources …

- Total revenue for the year …

c) Expenditure items of the Fund (Vietnamese Dong)

- Expenditure for Fund activities …

- Management expenditure …

- Total expenditure for the year …

4. Recommendations and proposals (if any) …

 

 

Place of Receipt:
- As above;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

MANAGEMENT COUNCIL OF THE FUND
(Position, signature, seal)
Full Name

Remarks

(1) Name of the reporting Fund;

(2) Place name;

(3) Notable activities of the Fund, compliance with laws and implementation of the Fund’s Charter;

(4) Improvement of the Fund's organizational structure, number of staff working at the Fund; implementation of tasks and powers of the management bodies and persons holding managerial positions; development, issuance, and implementation of operational regulations of the Fund...;

(5) Headquarters, equipment, and facilities serving the Fund's operations; increase or decrease compared to the previous year.

 

ANNEX II

LIST OF FORMS FOR PRESENTATION OF APPLICABLE DOCUMENTS FOR GOVERNMENT ADMINISTRATIVE AUTHORITIES
(Attached to Circular No. 02/2013/TT-BNV dated April 10, 2013, issued by the Minister of Home Affairs)

Form 1 - Receipt of application files

Form 2 - Decision to issue license for establishment and recognition of the Fund's Charter

Form 3 - Decision recognizing the Fund as meeting the conditions for operation and recognizing members of the Management Board

Form 4 - Decision recognizing members of the Management Board

Form 5 - Decision revoking the license for establishment and recognition of the Fund's Charter

Form 6 - Decision permitting name change and recognition of the amended and supplemented Charter of the Fund

Form 7 - Decision recognizing the amended and supplemented Charter of the Fund

Form 8 - Decision permitting division of the Fund

Form 9 - Decision permitting separation of the Fund

Form 10 - Decision permitting merger of the Fund

Form 11 - Decision permitting absorption of the Fund

Form 12 - Decision dissolving the Fund

Form 13 - Decision suspending operations and using the Fund's seal

Form 14 - Decision permitting resumption of operations after temporary suspension

Form 15 - Annual report on the organizational, operational, and management situation of social and charitable funds

 

Form 1 - Receipt of application files

(1)
(2)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

RECEIPT OF APPLICATION FILES

Full name: …

Position, workplace: …

Received application files from Mr./Ms.: …

Address:…

Contact phone number:…

Regarding:…

The documents include:(4)

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

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

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

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

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

 

 

Place of Receipt:
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

RECIPIENT
(Signature, stamp if applicable)
Full Name

Note:

(1) Directly managing agency (if any);

(2) Agency receiving application files;

(3) Place name;

(4) List all documents included in the file.

 

Form 2 - Decision to issue license for establishment and recognition of the Fund's Charter

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

Regarding issuance of Establishment License and Recognition of the Fund's Charter ...(3)

AUTHORITY TO ISSUE (4)

Based on ...(5)...............................................................................

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

Based on ... (6).............................................................................. ;

Considering the proposal of the founders to establish the Fund …(3)… and …(7) …,

DECISION:

Article 1. Issue the Establishment License and Recognition of the Fund's Charter ...(3)... attached herewith.

Article 2. The Fund ...(3)... is permitted to operate after being ...(8)... recognized as meeting the conditions for operation and having its Management Board members recognized, according to the Fund's Charter and relevant laws.

The Fund is subject to state management by ...(9)... and ...(10)... related to the Fund's field of activity.

Fund …(3)The Fund has legal personality, its own seal and account, self-funding and ensuring its own means of operation.

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

Article 4. Chairman of the Fund's Founding Committee, Chairperson of the Management Board ...(3)..., …(7)... and ...(11)... is responsible for implementing this Decision./.

 

 

Place of Receipt:
- As in Article 4;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(1) Name of the fund;

(2) Place name;

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

(4) Head of the issuing agency or organization;

(5) Document stipulating functions, duties, and powers of the issuing agency or organization;

(6) Relevant legal documents directly related to the authority to approve the establishment of social and charitable funds: Circular guiding Decree 30/2012/NĐ-CP, decision delegating authority to approve the establishment of funds (if any)...;

(7) Head of the agency submitting the document;

(8) Authority with the power to approve the establishment of funds;

(9) The state management agency at the same level as the authority issuing the license to establish the fund or the state management agency of the authority issuing the license to establish the fund managing the main industry or field of activity of the fund;

(10) State management agencies at the same level as the authority issuing the license to establish the fund or state management agencies of the authority issuing the license to establish the fund related to the fields in which the fund operates;

(11) Director of the Office of the agency issuing the decision.

 

Form 3 - Decision recognizing the Fund as meeting the conditions for operation and recognizing members of the Management Board

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

Regarding the recognition of the Fund meeting the conditions for operation and recognizing the members of the Management Board of the Fund …(3)

AUTHORITY TO ISSUE (4)

Based on ...(5).......................................................................... '

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

Based on ... (6)........................................................................... ;

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

DECISION:

Article 1. Recognize the Fund …(3)… as meeting the conditions for operation.

Article 2. Recognize the Management Board of the Fund …(3)… term …(8)… consisting of the following named individuals:

1. Mr./Ms. …(9)……………………, ……………………..(10)............................. ;

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

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

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

Article 4. Chairman of the Management Board of the Fund …(3)..., ...(7)..., …(11)… and the other named individuals in Article 2 shall be responsible for implementing this Decision./.

 

 

Place of Receipt:
- As in Article 4;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(1) Name of the fund;

(2) Place name;

(3) Name of the Fund;

(4) Head of the issuing agency or organization;

(5) Document stipulating functions, duties, and powers of the issuing agency or organization;

(6) Relevant legal documents directly related to the authority to approve the establishment of social and charitable funds: Circular guiding Decree 30/2012/NĐ-CP, decision delegating authority to approve the establishment of funds (if any)...;

(7) Head of the agency submitting the document;

(8) Serial number and duration of the term, e.g., Term I (2012-2017);

(9) Name and surname;

(10) Position;

(11) Director of the Office of the agency issuing the decision.

 

Form 4 - Decision recognizing members of the Management Board (*)

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

Regarding the recognition of members of the Management Board of the Fund …(3)

AUTHORITY TO ISSUE(4)

Based on ...(5).......................................................................... '

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

Based on ... (6)........................................................................... ;

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

DECISION:

Article 1. Recognize the Management Board of the Fund …(3)… term …(8)… consisting of the following named individuals:

1. Mr./Ms. …(9)……………………, ……………………..(10)............................. ;

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

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

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

Article 3. Chairman of the Management Board of the Fund …(3)..., ...(7)..., …(11)… and the other named individuals in Article 2 shall be responsible for implementing this Decision./.

 

 

Place of Receipt:
- As Article 3;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(*) In case of changing members of the Management Board of the Fund before the end of the term, record the name and position of the person replacing and the person being replaced in Article 1;

(1) Name of the fund;

(2) Place name;

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

(4) Head of the issuing agency or organization;

(5) Document stipulating functions, duties, and powers of the issuing agency or organization;

(6) Relevant legal documents directly related to the authority to approve the establishment of social and charitable funds: Circular guiding Decree 30/2012/NĐ-CP, decision delegating authority to approve the establishment of funds (if any)...;

(7) Head of the agency submitting the document;

(8) Serial number and duration of the term, e.g., Term I (2012-2017);

(9) Name and surname;

(10) Position;

(11) Director of the Office of the agency issuing the decision.

 

Form 5 - Decision revoking the license for establishment and recognition of the Fund's Charter

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

Regarding the revocation of the License to Establish and Recognition of the Charter of the Fund …(3)...

AUTHORITY TO ISSUE(4)

Based on ...(5).......................................................................... '

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

Based on ... (6)........................................................................... ;

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

DECISION:

Article 1. Revoke Decision No. ... dated ... month ... year ... of ... regarding the issuance of the License to Establish and Recognition of the Charter of the Fund …(3)... by ... (8)...

Article 2. The Fund ...(3)... shall be responsible for returning the seal to …(9)

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

Article 4. ...(10)..., ...(7)... and ...(11)... is responsible for implementing this Decision./.

 

 

Place of Receipt:
- As in Article 4;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(1) Name of the fund;

(2) Place name;

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

(4) Head of the issuing agency or organization;

(5) Document stipulating functions, duties, and powers of the issuing agency or organization;

(6) Other relevant legal documents;

(7) Head of the agency submitting the document;

(8) Reasons for revocation (as stipulated in Clause 17 of Decree No. 30/2012/NĐ-CP);

(9) Authority competent under the law on management and use of seals;

(10) Relevant organizations and individuals;

(11) Director of the Office of the agency issuing the decision.

 

Form 6 - Decision permitting name change and recognition of the amended and supplemented Charter of the Fund

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

Regarding permission to change the name of the Fund …(3)… to the Fund …(4)… and recognition of the amended Charter of the Fund …(4)...

AUTHORITY TO ISSUE (5)

Based on ... (6)................................................................................

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

Based on ...(7).....................................................................

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

Pursuant to …;

Article 1. Permit to change the name of the Fund …(3)… to Fund …(4)… and recognize the amended and supplemented Charter of the Fund …(4)… attached to this Decision.

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

Article 3. Chairman of the Management Board of the Fund …(4)..., …(8)… and shall be responsible for implementing this Decision./.

 

 

Place of Receipt:
- As Article 3;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(1) Name of the fund;

(2) Place name;

(3) Name of the Fund requesting name change;

(4) Name of the Fund after name change;

(5) Head of the issuing agency or organization;

(6) Document stipulating functions, duties, and powers of the issuing agency or organization;

(7) Other relevant legal documents;

(8) Head of the agency submitting the document;

(9) Director of the Office of the agency issuing the decision.

 

Form 7 - Decision recognizing the amended and supplemented Charter of the Fund

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

Regarding recognition of the Amended Charter (amended and supplemented) of the Fund …(3)

AUTHORITY TO ISSUE(4)

Based on ...(5).......................................................................... '

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

Based on ... (6)........................................................................... ;

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

DECISION:

Article 1. Recognize the Amended Charter (amended and supplemented) for the … time(8)... of the Fund ...(3)... attached herewith.

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

Article 3. Chairman of the Management Board of the Fund ...(3)..., …(7)… and …(9)… shall be responsible for implementing this Decision./.

 

 

Place of Receipt:
- As Article 3;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(1) Name of the fund;

(2) Place name;

(3) Name of the Fund;

(4) Head of the issuing agency or organization;

(5) Document stipulating functions, duties, and powers of the issuing agency or organization;

(6) Other relevant legal documents;

(7) Head of the agency submitting the document;

(8) Specify the number of times the charter of the fund has been amended and supplemented;

(9) Director of the Office of the agency issuing the decision.

 

Form 8 - Decision permitting division of the Fund

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

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

AUTHORITY TO ISSUE(6)

Based on ...(7).................................................................... ;

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

Based on ... (8)................................................................................

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

DECISION:

Article 1. Permit to divide the Fund …(3)… to Fund …(4)… and Fund …(5)… and recognition of the Charter of the Fund ...(4)... and the Fund ...(5)... attached herewith.

Article 2. Within thirty (30) days from the date this Decision takes effect, the Fund …(3)… shall be responsible for transferring assets, finances, organizational structure, personnel, rights, and obligations to the Fund ...(4)... and the Fund ...(5)... while ceasing to exist, operate, and return the seal to the competent authority as prescribed by law.

Article 3. The Fund ...(4)... and Fund …(5)… is permitted to operate after being ...(10)... recognized as meeting the conditions for operation and recognizing members of the Management Board of the Fund, according to the Fund's Charter and the provisions of law.

The Fund ...(4)... and Fund …(5)… is subject to state management by …(11)… and …(12)… related to the field of the Fund's activities.

Fund …(4)… and Fund …(5)The Fund has legal personality, its own seal and account, self-funding and ensuring its own means of operation.

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

Article 5. Management Council of the Fund …(3)…, the Fund …(4)…, the Fund …(5)…, …(9)… and …(13)… shall be responsible for implementing this Decision./.

 

 

Place of Receipt:
- As per Article 5;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(1) Name of the fund;

(2) Place name;

(3) Name of the Fund requesting division;

(4) (5) Name of the newly divided Fund;

(6) Head of the issuing agency or organization;

(7) Document stipulating functions, duties, and powers of the issuing agency or organization;

(8) Relevant legal documents directly related to the authority to approve the establishment of social and charitable funds: Circular guiding Decree 30/2012/NĐ-CP, decision delegating authority to approve the establishment of funds (if any)...;

(9) Head of the agency submitting the document;

(10) Authority with the power to approve the establishment of funds;

(11) The state management agency at the same level as the authority issuing the license to establish the fund or the state management agency of the authority issuing the license to establish the fund managing the main industry or field of activity of the fund;

(12) State management agencies at the same level as the authority issuing the license to establish the fund or state management agencies of the authority issuing the license to establish the fund related to the fields in which the fund operates;

(13) Director of the Office of the agency issuing the decision.

 

Form 9 - Decision permitting separation of the Fund

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

Regarding the separation of the Fund ...(3)... to Fund ...(3)... and the Fund ...(4)... and recognition of the Amended Charter (amended and supplemented) of the Fund ...(3)... and the Charter of the Fund ...(4)...

AUTHORITY TO ISSUE(5)

Based on ...(6)......................................................................... ;

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

Based on ...(7)........................................................................ ;

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

DECISION:

Article 1. Permit to separate the Fund ...(3)... to Fund ...(3)... and the Fund ...(4)...

Article 2. Recognize the Amended Charter (amended and supplemented) of the Fund ...(3)... and the Charter of the Fund ...(4)... attached herewith.

Article 3. Within thirty (30) days from the date this Decision takes effect, the Fund ...(3)... shall be responsible for transferring part of the assets, finances, organizational structure, personnel, rights, and obligations to the Fund ...(4)...

Article 4. The Fund ...(4)... is permitted to operate after being ...(9)... recognized as meeting the conditions for operation and recognizing members of the Management Board of the Fund, according to the Fund's Charter and the provisions of law.

The Fund is subject to state management by ...(10)... and ...(11)... related to the Fund's field of activity.

The Fund ...(4)... having legal personality, its own seal and account, self-funding and ensuring operational means.

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

Article 6. Chairman of the Management Board of the Fund ...(3)... and the Fund ...(4)..., ...(8)... and ...(12)... is responsible for implementing this Decision./.

 

 

Place of Receipt:
- As Article 6;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(1) Name of the fund;

(2) Place name;

(3) Name of the Fund requesting separation;

(4) Name of the newly separated Fund;

(5) Head of the issuing agency or organization;

(6) Document stipulating functions, duties, and powers of the issuing agency or organization;

(7) Relevant legal documents directly related to the authority to approve the establishment of social and charitable funds: Circular guiding Decree 30/2012/NĐ-CP, decision delegating authority to approve the establishment of funds (if any)...;

(8) Head of the agency submitting the document;

(9) Authority with the power to approve the establishment of funds;

(10) The state management agency at the same level as the authority issuing the license to establish the fund or the state management agency of the authority issuing the license to establish the fund managing the main industry or field of activity of the fund;

(11) State management agencies at the same level as the authority issuing the license to establish the fund or state management agencies of the authority issuing the license to establish the fund related to the fields in which the fund operates;

(12) Director of the Office of the agency issuing the decision.

 

Form 10 - Decision permitting merger of the Fund

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

Regarding the merger of the Fund …(3)... and Fund …(4)... into the Fund …(5)... and recognition of the Charter of the Fund …(5)...

AUTHORITY TO ISSUE (6)

Based on ...(7)......................................................................... ;

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

Based on ...(8)......................................................................... ;      

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

DECISION:

Article 1. Permit to merge the Fund …(3)... and the Fund ...(4)...into the Fund ...(5)... and recognition of the Charter of the Fund ...(5)… attached to this Decision.

Article 2. Within thirty (30) days from the date this Decision takes effect, the Fund …(3)... and Fund …(4)... shall be responsible for transferring assets, finances, organizational structure, personnel, rights, and obligations to the Fund ...(5)... while ceasing to exist, operate, and return the seal to the competent authority as prescribed by law.

Article 3. Fund …(5)... is permitted to operate after being …(10)... recognized as meeting the conditions for operation and recognizing members of the Management Board of the Fund, according to the Fund's Charter and the provisions of law. The Fund is subject to state management by …(11)... and …(12)... related to the Fund's field of activity.

Fund …(5)... having legal personality, its own seal and account, self-funding and ensuring operational means.

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

Article 5. Chairman of the Management Board of the Fund …(3)..., the Fund …(4)..., the Fund …(5)..., …(9)..., and …(13)... is responsible for implementing this Decision./.

 

 

Place of Receipt:
- As per Article 5;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(1) Name of the fund;

(2) Place name;

(3) (4) Name of the Fund requesting merger;

(5) Name of the new fund after merger;

(6) Head of the issuing agency or organization;

(7) Document stipulating functions, duties, and powers of the issuing agency or organization;

(8) Relevant legal documents directly related to the authority to approve the establishment of social and charitable funds: Circular guiding Decree 30/2012/NĐ-CP, decision delegating authority to approve the establishment of funds (if any)...;

(9) Head of the agency submitting the document;

(10) Authority with the power to approve the establishment of funds;

(11) The state management agency at the same level as the authority issuing the license to establish the fund or the state management agency of the authority issuing the license to establish the fund managing the main industry or field of activity of the fund;

(12) State management agencies at the same level as the authority issuing the license to establish the fund or state management agencies of the authority issuing the license to establish the fund related to the fields in which the fund operates;

(13) Director of the Office of the agency issuing the decision.

 

Form 11 - Decision permitting absorption of the Fund

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

Regarding the consolidation of the Fund ...(3)... into the Fund ...(4)... and recognition of the Amended Charter (amended and supplemented) of the Fund ...(4)...

AUTHORITY TO ISSUE(5)

Based on ... (6)....................................................................... ;

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

Based on ...(7)........................................................................ ;

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

DECISION:

Article 1. Permit to consolidate the Fund ...(3)...into the Fund ...(4)... and recognition of the Amended Charter (amended and supplemented) of the Fund ...(4)... attached herewith.

Article 2. Within thirty (30) days from the date this Decision takes effect, the Fund ...(3)... shall be responsible for transferring all assets, finances, organizational structure, personnel, rights, and obligations to the Fund ...(4)... while ceasing to exist, operate, and return the seal to the competent authority as prescribed by law.

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

Article 4. Chairman of the Management Board of the Fund ...(3)..., the Fund ...(4)..., ...(8)... and ...(9)…shall be responsible for implementing this Decision./.

 

 

Place of Receipt:
- As in Article 4;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(1) Name of the fund;

(2) Place name;

(3) Name of the Fund to be consolidated;

(4) Name of the Fund receiving consolidation;

(5) Head of the issuing agency or organization;

(6) Document stipulating functions, duties, and powers of the issuing agency or organization;

(7) Relevant legal documents directly related to the authority to approve the establishment of social and charitable funds: Circular guiding Decree 30/2012/NĐ-CP, decision delegating authority to approve the establishment of funds (if any)...;

(8) Head of the agency submitting the document;

(9) Director of the Office of the agency issuing the decision.

 

Form 12 - Decision dissolving the Fund

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

Regarding the dissolution of the Fund …(3)

AUTHORITY TO ISSUE(4)

Based on ... (5)...................................................................... ;

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

Based on ... (6)....................................................................... ;

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

DECISION:

Article 1. Dissolve and revoke Decision No. ... dated ... month ... year ... of... regarding the issuance of the License to Establish and Recognition of the Charter of the Fund …(3)

Article 2. Fund …(3)… shall be responsible for returning the seal to the authority ...(9)... and cease operations from the date this Decision takes effect.

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

Article 4. Chairman of the Management Board of the Fund …(3)…, ...(8)...and …(10)… shall be responsible for implementing this Decision./.

 

 

Place of Receipt:
- As in Article 4;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(1) Name of the fund;

(2) Place name;

(3) Name of the Fund to be dissolved;

(4) Head of the issuing agency or organization;

(5) Document stipulating functions, duties, and powers of the issuing agency or organization;

(6) Relevant legal documents directly related to the authority to approve the establishment of social and charitable funds: Circular guiding Decree 30/2012/NĐ-CP, decision delegating authority to approve the establishment of funds (if any)...;

(7) In case the Fund dissolves itself, note the consideration of the proposal of the Chairman of the Management Board of the Fund requesting dissolution; in case the Fund is dissolved, note the conclusion of the competent state authority concluding that the Fund violated the law;

(8) Head of the agency submitting the document;

(9) Authority competent under the law on management and use of seals;

(10) Director of the Office of the agency issuing the decision.

 

Form 13 - Decision suspending operations and using the Fund's seal

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

Regarding the temporary suspension of operations and use of the seal of the Fund …(3)...

AUTHORITY TO ISSUE(4)

Based on ...(5)........................................................................ ;

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

Based on ...(6)........................................................................ ;

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

DECISION:

Article 1. Temporarily suspend operations and use of the seal of the Fund ...(3)... for the period ...(9)... (from ... month ... year ... to ... month ... year ...).

Article 2. During the period of temporary suspension, the Fund …(3)... shall not organize fundraising activities, accept donations, and implement donations. The Fund …(3)... shall be responsible for handing over the Fund's seal to the state management agency as prescribed by law.

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

Article 4. Chairman of the Management Board of the Fund …(3)..., …(8)... and …(10)... is responsible for implementing this Decision./.

 

 

Place of Receipt:
- As in Article 4;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(1) Name of the fund;

(2) Place name;

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

(4) Head of the issuing agency or organization;

(5) Document stipulating functions, duties, and powers of the issuing agency or organization;

(6) Other relevant legal documents;

(7) Competent state authority concluding that the Fund violated the law;

(8) Head of the agency submitting the document;

(9) Clearly specify the period of temporary suspension of the Fund's operations (three to six months as stipulated in Clause 1, Article 37 of Decree No. 30/2012/NĐ-CP);

(10) Director of the Office of the agency issuing the decision.

 

Form 14 - Decision permitting resumption of operations after temporary suspension

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

Pursuant to …;

Regarding permission for the Fund ...(3)... to resume operations

AUTHORITY TO ISSUE(4)

Based on ...(5)......................................................................... ;

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

Based on ...(6)........................................................................ ;

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

DECISION:

Article 1. Permit the Fund ...(3)... to resume operations from ... month ... year ...

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

Article 3. Chairman of the Management Board of the Fund ...(3)..., ...(7)..., and ...(8)... is responsible for implementing this Decision./.

 

 

Place of Receipt:
- As Article 3;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(1) Name of the fund;

(2) Place name;

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

(4) Head of the issuing agency or organization;

(5) Document stipulating functions, duties, and powers of the issuing agency or organization;

(6) Other relevant legal documents;

(7) Head of the agency submitting the document;

(8) Director of the Office of the agency issuing the decision.

 

Form 15 - Annual report on the organizational, operational, and management situation of social and charitable funds (*)

(1)
--------

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
----------------

No.: .../.....

(2)..., day ..., month ..., year 20...

 

REPORT

Situation of organization, operation, and management of social funds and charitable funds in ...(3)...

I. CURRENT SITUATION OF ORGANIZATION AND OPERATION OF SOCIAL FUNDS AND CHARITABLE FUNDS

1. Regarding organization

a) Total number of funds on the territory: …

Where:

- Funds with provincial scope of operation: …

- Funds with district scope of operation: …

- Funds with commune scope of operation: …

b) Number of new funds established in the year: …

Where:

- The Fund has provincial-level scope of operation: ...

- Funds with district scope of operation: …

- The Fund has commune-level scope of operation:...

c) Total number of employees at the Fund: ...

Where:

- Funds with provincial scope of operation: …

- Funds with district scope of operation: …

- The Fund has commune-level scope of operation:...

d) Total number of national-level and inter-provincial Funds with branches or representative offices located in the locality:

2. On operations

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

3. On finance

a) Revenue sources of the Funds (Vietnamese Dong)

- Carry-over funds from the previous year:...

- Revenue generated during the year:...

Where:

+ Revenue from voluntary contributions and sponsorships from domestic organizations and individuals:...

+ Revenue from voluntary contributions and sponsorships from foreign organizations and individuals:...

+ Revenue from other sources:...

- Total revenue for the year: …

b) Expenditure items of the Fund (Vietnamese Dong)

- Expenditure on Fund activities:...

- Expenditure on Fund management activities:...

- Total expenditure for the year:...

II. STATE MANAGEMENT OF SOCIAL FUNDS AND CHARITABLE FUNDS

(Based on the functions, tasks, and authorities of the agency or organization reporting on the implementation of responsibilities as stipulated in Article 45 of Decree No. 30/2012/NĐ-CP).

III. OVERALL ASSESSMENT; RECOMMENDATIONS AND PETITIONS

1. Achievements made

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

2. Limitations and shortcomings

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

3. Recommendations and petitions

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

 

 

Place of Receipt:
- ………..;
- ……….;
I. PROCESS OF PREPARING THE PLANNING TASK

LIMITATION OF RIGHTS AND DUTIES OF THE SIGNATORY
(Signature, stamp)
Full Name

Note:

(*) Applicable to all levels of People's Committees, Departments of Home Affairs, and Home Affairs Offices;

(1) Name of the reporting agency;

(2) Place name;

(3) Clearly state the reporting year;

(4) Highlight prominent and exemplary activities of the Funds within the jurisdiction.

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02/2013/TT-BNV
Circular No. 02/2013/TT-BNV detailing and guiding the implementation of certain provisions of Government Decree No. 30/2012/NĐ-CP dated April 12, 2012 on the organization and operation of social funds and charitable funds.
Expired

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