Decision No. 1074/QD-BNV on granting license for establishment and recognizing the charter of the Fund for Disabled Children

Pursuant to …;

Regarding the issuance of a permit to establish and recognize the charter of the Fund for Disabled Children
for children with disabilities

_______________________________ 

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 48/2008/NĐ-CP dated April 17, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Pursuant to Decree No. 148/2007/NĐ-CP dated September 25, 2007 of the Government on the organization and operation of social funds and charitable funds;

Considering the proposal of the founders to establish the Fund for Disabled Children, the Director of the Department of Non-Governmental Organizations,

DECISION:

Article 1. Issuing a permit to establish and recognizing the Charter of the Fund for Disabled Children attached to this Decision.

Article 2. The Fund for Disabled Children operates according to its Charter recognized by the Minister of Home Affairs, in compliance with the law, and is subject to state management by the Ministry of Labor, Invalids and Social Affairs and other relevant ministries and agencies as prescribed by law within the scope and field of its activities.

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

Article 4. The Chairman of the Management Board of the Fund for Disabled Children, the Director of the Office of the Ministry of Home Affairs, and the Director of the Department of Non-Governmental Organizations are responsible for implementing this Decision.

                                                                                                                                                             

CHARTER

Fund for children with disabilities

Fund for Disabled Children

Chapter 1

GENERAL PROVISIONS

(Recognized pursuant to Decision No. 1074/QĐ-BNV dated September 16, 2010 of the Minister of Home Affairs)

Article 1. Name, Emblem, and Headquarters of the Fund

1. Vietnamese name: Fund for Disabled Children.

2. English name: Fund for Disabled Children.

3. Emblem (logo) of the Fund for Disabled Children. This emblem is registered under the provisions of the law.

Article 2. Aims and Objectives

4. The main headquarters of the Fund is located at No. 34 Ngo Quyen Street, Hang Bai Ward, Hoan Kiem District, Hanoi City. Telephone: 0439343078; Fax: 0439343078. Email: [email protected] When necessary, the Fund may establish representative offices or branches in localities throughout the country in accordance with the law.

The Fund for Disabled Children is a non-profit organization operating in the humanitarian and charitable fields to support improving the quality of life for disabled children, contributing to effectively implementing the goals of protecting, caring for, and educating disabled children. The Fund operates in accordance with the Constitution and laws of the Socialist Republic of Vietnam and the Fund's Charter.

Article 3. Principles, Scope of Operation, Legal Status of the Fund

1. The Fund for Disabled Children operates based on the following principles:

a) The Fund is established and operates without profit.

b) The Fund operates on the principle of voluntariness, self-funding, self-sufficiency, and self-responsibility before the law with its own assets.

c) The Fund operates in accordance with its Charter recognized by the Minister of Home Affairs, complies with the law, and is subject to state management by the Ministry of Labor, Invalids and Social Affairs and other relevant ministries and agencies as prescribed by law within the scope and field of its activities.

2. The Fund has a nationwide scope of operation.

3. The Fund has legal personality, a seal, and domestic and foreign currency accounts at banks.

Article 4. Founders of the Fund

The Fund has three founding members including:

1. Father Phan Khac Tu. Born on December 28, 1941, in Haiphong City. Place of origin: Haiphong City. Ethnicity: Kinh. Nationality: Vietnam. Identity Card No. 020075413 issued by the Police of Ho Chi Minh City on April 1, 2009. Permanent residence: Village of Vuon Xoai, No. 413 Le Van Sy Street, Ward 12, District 3, Ho Chi Minh City. Current place of residence: Village of Vuon Xoai, No. 413 Le Van Sy Street, Ward 12, District 3, Ho Chi Minh City.

2. Mr. Tran Van Khanh. Born on November 19, 1969, in Nam Dinh Province. Place of origin: Nam Dinh Province. Ethnicity: Kinh. Nationality: Vietnam. Identity Card No. 012226343 issued by the Police of Hanoi City on April 15, 1999. Permanent residence: Group 3, Cluster 3, Khuanh Dien Ward, Thanh Xuan District, Hanoi City. Current place of residence: Alley 350, Kim Giang Street, Hoang Mai District, Hanoi City.

3. Mr. Pham Van Doan. Born on April 8, 1956, in Hanoi City. Place of origin: Hanoi City. Ethnicity: Kinh. Nationality: Vietnam. Identity Card No. 111736933 issued by the Police of Hanoi City on June 29, 2000. Permanent residence: Da Si Housing Complex, Kien Hung Ward, Ha Dong District, Hanoi City. Current place of residence: Da Si Housing Complex, Kien Hung Ward, Ha Dong District, Hanoi City.

Chapter 2

The Fund for Disabled Children has legal personality, its own seal and account, and is responsible for its own funding, headquarters, and operational means.

Article 5. Functions of the Fund

1. Implement support for healthcare and improve the quality of life for disabled children nationwide.

2. Sponsor and support programs and projects with charitable and humanitarian purposes aimed at caring for disabled children.

3. Sponsor according to the authorization of organizations and individuals and implement sponsorship projects that align with the functions of the Fund as stated in Clause 1 and Clause 2 of this Article.

4. Unite and encourage those with a passion for doing good both domestically and internationally who wish to contribute their efforts to the care of health and improvement of the quality of life for disabled children, contributing to poverty reduction and social welfare work in accordance with legal regulations.

Article 6. Duties and Authorities of the Fund

1. Develop plans and implement activities aimed at sponsoring and supporting institutions for the care and vocational training of disabled children, and improving the quality of life for disabled children.

2. Mobilize donations and sponsorships for the Fund; accept lawful assets donated by individuals and organizations within and outside the country in accordance with the objectives and purposes of the Fund and in compliance with legal provisions.

3. Conduct activities openly and transparently, with quarterly and annual activity programs.

4. Cooperate with agencies, schools, educational centers in provinces, vocational training and career guidance institutions, associations, non-governmental organizations, and other organizations as prescribed by law and consistent with the functions and duties of the Fund.

5. Organize services and other activities as prescribed by law to preserve and grow the Fund's assets.

6. Utilize assets and finances in accordance with the objectives and purposes of the Fund; pay taxes, fees, and charges, and comply with accounting, auditing, and statistical regulations as prescribed by law.

7. Perform other rights and obligations as prescribed by law.

Article 7. Obligations of the Fund

1. Operate in accordance with the Fund Charter approved by the competent state agency. All funds and assets raised for the Fund must be used for their intended purpose, target, economically, and effectively. Annually, the Fund must submit reports on organizational and operational status and financial statements to the agency that permits establishment and recognizes the Fund Charter, the same-level state management agency for finance, and publicly disclose contributions of the Fund before March 31 of the following year.

2. During operation, the Fund operating in any field must be subject to state management by the competent state agency related to that field. Provide necessary information about income and expenditure of the Fund to state agencies when requested. Store and publicly disclose records, vouchers, and documents regarding the Fund's assets and finances; resolutions and minutes of the Fund's activities in accordance with legal regulations.

3. Be subject to inspection, examination, and supervision by state agencies, sponsors, and the public as prescribed by law.

4. When there are changes in the office location and personnel of the Chairman, Director, and Chief Accountant, the Fund must report to the competent state agency that permits establishment of the Fund. Any amendment to the Charter must be recognized by the state agency that permits establishment of the Fund.

Chapter 3

ORGANIZATION AND OPERATIONAL STRUCTURE OF THE FUND

Article 8. Organizational Structure of the Fund

1. Management Board of the Fund.

2. Supervisory Board.

3. Director of the Fund, Deputy Director of the Fund.

4. Specialized business units, subordinate units of the Fund.

5. Representative offices - branches.

Article 9. Management Council of the Fund

1. The Management Council of the Fund (the Council) shall have at least three (3) members including the Chairman, Vice-Chairman, and members; the composition of the Council consists of founding members establishing the Fund and individuals who have made significant contributions to the activities of the Fund nominated by the founding members to join the Council. Changes in membership and additional membership supplements are decided by the founding members establishing the Fund based on compliance with legal regulations. The term of office for Council members shall not exceed five years, except in cases where they resign, lack qualifications, or are dismissed before the end of their term.

2. Duties and powers of the Management Council of the Fund:

a) Electing the Chairman and Vice-Chairman of the Management Council of the Fund;

b) Deciding on the appointment and dismissal of the Director, Deputy Director, and Chief Accountant of the Fund;

c) Deciding on the organizational structure and operations of the Fund;

d) Deciding on the direction and plans of operation of the Fund;

đ) Issuing regulations on the management and use of the Fund's revenue;

e) Monitoring and inspecting the activities of the Fund;

g) Approving the budgetary expenditure standards for the management work of the Fund, financial plans, and final financial reports of the Fund;

h) Proposing amendments and supplements to the operating license and Charter to competent state agencies;

i) Deciding other matters in accordance with the Charter and legal regulations.

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

a) The Management Council of the Fund is the highest authority of the Fund and decides all issues related to the Fund;

b) The Management Council of the Fund convenes regularly every six months;

c) The Management Council of the Fund operates under the principle of democracy, closely linked to individual responsibility and obligations; works in a collective system, deciding by majority vote on matters within its authority and responsibilities in accordance with the management principles stipulated in this Charter and other legal regulations.

Article 10. Meetings of the Management Council of the Fund

1. Meetings of the Management Council of the Fund are held regularly every six months and may be convened at any time if necessary. The meeting of the Management Council of the Fund can be conducted directly or indirectly in forms prescribed by law. The meeting can only be held when at least three (3) members of the Management Council of the Fund participate. Regular meetings of the Management Council of the Fund will be chaired by the Chairman of the Management Council of the Fund or, in the absence of the Chairman, must delegate a Vice-Chairman to chair the meeting. Extraordinary meetings of the Management Council of the Fund will be convened upon request of the Chairman or upon request of at least two-thirds (2/3) of the members of the Management Council of the Fund.

2. Notice of the meeting of the Management Council of the Fund must be sent to the members of the Management Council of the Fund at least fifteen (15) days prior to the meeting.

3. Each member of the Management Council of the Fund may authorize in writing a representative to participate in the meeting of the Management Council of the Fund and vote on their behalf within the scope of the authorization.

4. The Management Council of the Fund passes decisions by voting at the meeting or through written consultation provided that at least two-thirds (2/3) of the members of the Management Council of the Fund participate and decide according to the principle of majority approval; in case of equal votes, the final decision belongs to the side with the opinion of the Chairman of the Management Council of the Fund. Each member of the Management Council of the Fund has one vote.

Article 11. Chairman and Vice Chairmen of the Fund Management Council

1. The Chairman of the Fund Management Council is the highest representative of the Fund Management Council and is elected by the members of the Fund Management Council with more than half (one half) of the number of members. The Chairman of the Council is responsible for supervising and urging the implementation of decisions of the Fund Management Council, presiding over meetings of the Fund Management Council.

2. The Vice Chairman of the Fund Management Council is elected by the members of the Fund Management Council with more than half (one half) of the number of members, having the function of assisting and advising the Chairman of the Fund Management Council on certain tasks assigned by the Chairman of the Fund Management Council in accordance with the Charter and laws. In case of necessity, the Vice Chairman of the Fund Management Council may be delegated by the Chairman of the Fund Management Council in writing to act on behalf of the Chairman of the Fund Management Council to handle matters.

Article 12. Director of the Fund, Deputy Directors, Chief Accountant, and specialized departments, subordinate units of the Fund

1. The Director of the Fund is a Vietnamese citizen and is appointed by the Chairman of the Fund Management Council upon the proposal of the Fund Management Council; the term of office of the Director of the Fund shall not exceed five years. The Director of the Fund is the legal representative of the Fund and is responsible for all activities of the Fund.

2. Functions and powers of the Director of the Fund:

a) Responsible for managing and overseeing the activities of the Fund in accordance with the resolutions of the Fund Management Council, the Fund Charter, and relevant laws, and is accountable to the Fund Management Council;

b) Managing and overseeing daily operations of the Fund to implement programs and plans approved by the Fund Management Council;

c) Managing the capital and assets of the Fund in accordance with this Charter and laws governing financial management and asset management;

d) Reporting periodically on the operational status of the Fund to the Fund Management Council and relevant competent authorities as prescribed by law;

e) Adhering to regulations on the management and use of income sources, expenditure standards as stipulated in the resolutions of the Fund Management Council, based on tasks approved by the Fund Management Council, and not using the Fund for activities other than its purposes and objectives;

f) Signing and approving transaction documents within their authority and being responsible for their decisions;

3. Deputy Directors of the Fund are nominated by the Director and appointed by the Chairman of the Fund Management Council. Deputy Directors assist the Director in completing assigned tasks, represent the Director in handling Fund affairs when the Director is absent, and are authorized in writing by the Director to manage operations when absent.

4. The Chief Accountant of the Fund is appointed by the Chairman of the Fund Management Council upon the proposal of the Director of the Fund and based on criteria set forth by the Ministry of Finance.

5. Heads and deputy heads of specialized departments and subordinate units of the Fund are appointed by the Director of the Fund.

Article 13. Audit Board of the Fund

1. The Audit Board of the Fund consists of at least three members, including the Head, Deputy Head, and member(s), established and appointed by the Chairman of the Fund Management Council upon the proposal of the Fund Management Council.

2. The Audit Board operates independently and has the following responsibilities:

a) Inspecting and monitoring the activities of the Fund in accordance with the Charter and laws;

b) Reporting and making recommendations to the Fund Management Council on the results of inspections and monitoring and the financial situation of the Fund.

Article 14. Branches and Representative Offices of the Fund

1. The Fund may establish branches and representative offices at locations other than its headquarters according to the provisions of the law.

2. The Management Board of the Fund decides on the establishment and specifies the content of activities for branches and representative offices based on the proposal of the Fund Director and in accordance with the provisions of the law.

Chapter 4

RAISING DONATIONS AND ACCEPTING SPONSORSHIP

Article 15. 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's Charter and in accordance with the law.

2. All donations and sponsorships from individuals and organizations within and outside the country must be immediately deposited into the Fund in compliance with current state regulations and the Fund's Charter regarding financial income and expenditure, while being updated online for public and sponsors to monitor and oversee.

3. Overseas fundraising activities, nationwide or within provinces and centrally-administered cities, must have a project plan and be approved in writing by the Ministry of Home Affairs.

4. For sponsored funds with specific purposes, they must be implemented strictly according to the sponsor's requirements.

Article 16. Principles and Forms of Raising Donations and Accepting Sponsorship

1. Soliciting donations and contributions from individuals and organizations must be based on voluntary principles with goodwill; the Fund shall not set minimum contribution levels to compel individuals or organizations to contribute.

2. The solicitation, receipt, management, and utilization of money and materials donated by individuals and organizations for the Fund's activities must be transparent and subject to inspection, audit, and supervision as prescribed by law.

3. Transparency includes the purpose of soliciting donations and sponsorships, results of soliciting donations and sponsorships, usage, results of usage, and final settlement reports.

4. Forms of transparency include:

a) Publicly posting at donation and sponsorship reception sites and

b) Announcing on mass media;

c) Providing information upon request of agencies, organizations, or individuals as prescribed by law.

Chapter 5

FINANCIAL MANAGEMENT AND ASSET MANAGEMENT

Article 17. Sources of Revenue for the Fund

1. Voluntary contributions from founders and lawful sponsorships from domestic and foreign organizations and individuals in compliance with the law.

2. Annual supplementary contributions from founders and other participating organizations and individuals, which will be planned annually by the Fund's Management Board.

3. Revenue from service provision activities or other activities as prescribed by law.

4. Sponsorships from domestic and foreign organizations, enterprises, and individuals as prescribed by law.

5. State budget funding (if applicable), including:

a) Performing tasks assigned by state agencies;

b) Implementing public services, scientific research projects, target programs, and projects commissioned by the state.

6. Interest from deposits and government bonds.

7. Other lawful revenues (if applicable). These revenue sources shall not be distributed to the founders of the Fund; revenues and profits generated during the Fund's operations shall be allocated for the Fund's activities and other matters as recognized in the Charter.

Article 18. Use of the Fund

1. Expenditure for grants, including:

a) Grants for programs and projects aimed at humanitarian, charitable purposes, encouraging cultural, educational, health, physical education and sports, scientific development, and other social objectives for community development in accordance with the Fund's charter and purposes;

b) Grants according to the delegation of individuals or organizations and implementing grant projects with specific addresses as prescribed by the Charter and laws;

c) Grants for organizations and individuals' activities consistent with the Fund's purposes; expenditure to fulfill tasks assigned by state agencies (if any).

2. Expenditure for public services, research topics, target programs, and projects commissioned by the State.

3. Expenditure for managing the Fund includes:

a) Salary (allowance, subsidy if any) for the Fund management staff;

b) Rent for office space;

c) Purchase and repair of fixed assets serving the Fund's operations;

d) Office supplies expenses;

e) Payment for public services (electricity, water, communication, environmental sanitation...);

f) Other related expenditures.

4. Expenditure for purchasing government bonds and depositing idle funds of the Fund (excluding state budget funds, if any).

5. All assets raised for the Fund must be used for their intended purposes, objects, economically, and efficiently:

a) For grants with specific purposes and goals, they must be implemented strictly in accordance with the sponsor's requirements;

b) For sources of fundraising not covered under point a of this clause, it is necessary to ensure disbursement of at least 70% (seventy percent) of the raised capital within the fiscal year, in line with the Fund's operational goals. In cases where less than 70% is disbursed, a detailed explanation must be provided in the annual financial report submitted to the agency that approved the establishment of the Fund and the relevant state financial management agency for review and decision.

Article 19. Financial Management and Asset Management of the Fund

1. Manage the Fund, implement income, expenditure, and support in accordance with the intended purpose, content, and correct recipients.

2. The Fund shall organize accounting and bookkeeping in compliance with current regulations on accounting-statistics systems and the Financial Management Regulations for Social Funds and Charitable Funds issued by the Ministry of Finance under Decision No. 10/2008/QD-BTC dated February 12, 2008.

Article 20. Handling of Fund Assets in Cases of Merger, Consolidation; Splitting, Dissolution, Temporary Suspension, and Termination of Operations

In cases where the Fund is permitted by competent state authorities to merge, consolidate; split, dissolve, temporarily suspend, and terminate operations, the handling of the Fund's assets must comply with Government Decree No. 148/2007/NĐ-CP dated September 25, 2007, on the organization and operation of social funds and charitable funds and related legal documents.

Chapter 6

REWARD AND DISCIPLINE

Article 21. Reward

Members or organizations that have made significant, effective, and positive contributions to the Fund's work may be considered for commendation by the Management Board of the Fund or recommended for commendation by state agencies, the Vietnam Fatherland Front, the Vietnam Catholic Union, and the Vietnam Red Cross Society in accordance with the law.

Article 22. Disciplinary Measures

Organizations and individuals violating the Charter of the Fund, with actions causing damage to the reputation of the Fund, shall be subject to disciplinary measures or criminal responsibility depending on the severity of the violation. If there is damage caused, compensation must be provided in accordance with the provisions of the law.

Article 23. Complaints and Accusations

The Fund has the right to file complaints and accusations in accordance with the provisions of the law. In cases where complaints are made regarding decisions to temporarily suspend operations, dissolve the Fund, revoke the establishment license, or seal, during the waiting period for resolution, the Fund shall not operate.

Chapter 7

IMPLEMENTING PROVISIONS

Article 24. Amendment and Supplement to the Charter

Any amendment or supplement to this Charter must be documented in writing, signed by all members of the Management Board of the Fund, and reported to the Ministry of Home Affairs for examination and decision to recognize it before it becomes effective.

Article 25. Effectiveness of the Charter

1. The Charter of the Fund for Children with Disabilities consists of 7 Chapters and 25 Articles and takes effect from the date of issuance of the decision recognizing it by the Minister of Home Affairs.

2. Based on the provisions of the law on social funds, charitable funds, and the Charter of the Fund for Children with Disabilities, the Management Board of the Fund is responsible for guiding and organizing the implementation of this Charter.