Circular No. 04/2020/TT-BNV provides detailed regulations and guidance on the implementation of certain provisions of Government Decree No. 93/2019/NĐ-CP dated November 25, 2019, regarding the organization and operation of social funds and charitable funds.

CIRCULAR

Detailed regulations and guidance on the implementation of certain provisions of Decree No. 93/2019/NĐ-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charitable funds

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

Pursuant to Decree No. 93/2019/NĐ-CP dated November 25, 2019 of the Government on the organization and operations 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 the implementation of certain provisions of Decree No. 93/2019/NĐ-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charitable funds.

Article 1. Scope of Regulation and Applicability

1. This Circular details and guides the implementation of certain provisions of Decree No. 93/2019/NĐ-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charitable funds (hereinafter referred to as Decree No. 93/2019/NĐ-CP).

2. This Circular applies to social funds, charitable funds (hereinafter collectively referred to as funds) and individuals and organizations related to the organization and operation of funds as prescribed in Decree No. 93/2019/NĐ-CP.

Article 2. Notification of the establishment of affiliated legal entities of the fund

1. Within thirty days from the date the fund establishes a legal entity in accordance with Article 33 of Decree No. 93/2019/NĐ-CP, the fund shall submit notification documents to the competent state agency as prescribed in Article 18 of Decree No. 93/2019/NĐ-CP.

2. The notification documents include the following documents:

a) Decision on the establishment of the legal entity (original) and a copy of the Operating Permit;

b) Copies of the following documents: charter or regulation, provisions on the organization and operation of the legal entity; decision appointing the head of the legal entity.

Article 3. Members of the Fund Management Board

If members of the Fund Management Board fall under the management of a competent authority, they must obtain written approval from the competent authority in accordance with the regulations on cadre management by level before submitting the application documents to the competent state management agency as prescribed in Article 18 of Decree No. 93/2019/NĐ-CP for recognition.

Article 4. Issuance and Guidance on Types of Sample Documents

1. List of sample documents:

a) List of sample documents applicable to funds and related individuals and organizations (Annex I);

b) List of sample documents applicable to state management agencies (Annex II).

2. Format and presentation techniques of documents in accordance with Decree No. 30/2020/NĐ-CP dated March 5, 2020 of the Government on archival work.

Article 5. Effective Date

1. This Circular takes effect from December 1, 2020.

2. This Circular replaces Circular No. 02/2013/TT-BNV dated April 10, 2013 of the Minister of Home Affairs detailing and guiding the implementation of certain provisions of Decree No. 30/2012/NĐ-CP dated April 12, 2012 of the Government on the organization and operation of social funds and charitable funds.

Article 6. Responsibility for Implementation

1. In cases where social-charitable funds have been granted permission to establish and recognize charters by competent state management authorities prior to the effective date of this Circular, upon the expiration of the term of the Fund Management Board as stipulated in the charter, the fund shall amend and supplement the charter and submit it to the competent state management authority for recognition of the fund's charter in accordance with Decree No. 93/2019/NĐ-CP and this Circular.

2. The Minister, Heads of Ministries equivalent to Ministries, Agencies under the Government, Chairmen of Provincial People's Committees, and Municipalities directly under the Central Government, and funds are responsible for implementing this Circular.

3. During the implementation process, if there are difficulties, organizations and individuals are requested to report to the Ministry of Home Affairs for study, amendment, and supplementation to ensure compliance.