Law on Red Cross Activities No. 11/2008/QH12

LAW

ACTIVITY OF THE RED CROSS

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly promulgates the Law on Red Cross Activities.

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Law stipulates the activities of the Red Cross; symbols in Red Cross activities; fundraising, receiving, managing, and using resources for Red Cross activities; international cooperation in Red Cross activities; the Vietnam Red Cross Society (hereinafter referred to collectively as the Red Cross Society); responsibilities of state agencies, organizations, and individuals in Red Cross activities.

2. This Law applies to organizations and individuals within the country; foreign organizations and individuals, and international organizations (hereinafter referred to collectively as organizations and individuals) participating in Red Cross activities in Vietnam.

Article 2. Red Cross Activities

Red Cross activities are humanitarian actions based on community involvement carried out by the Vietnam Red Cross Society or in collaboration with organizations and individuals regarding emergency relief and humanitarian assistance; healthcare; first aid; voluntary blood donation, tissue, organ donation, and body donation; searching for information about missing relatives due to war, natural disasters, and catastrophes; promoting humanitarian values; participating in disaster prevention and response.

Article 3. Principles of Red Cross Activities

1. Voluntary, non-profit

2. Transparent, timely, and effective; in accordance with purpose and target groups.

3. Non-discriminatory, consistent with the nation's tradition of kindness.

4. Using the Red Cross symbol.

5. Adhering to the provisions of Vietnamese law and international treaties on humanitarian activities to which the Socialist Republic of Vietnam is a member.

Article 4. State Policy on Red Cross Activities

1. The State has policies to encourage, support, and create favorable conditions for organizations and individuals to participate in Red Cross activities.

2. When participating in Red Cross activities, if organizations and individuals suffer property damage, they shall be compensated according to the law; if individuals suffer harm to their health or life, they shall enjoy benefits and policies according to the law.

Article 5. Responsibilities of the Vietnam Fatherland Front, its member organizations, other organizations, and individuals in Red Cross Activities

1. The Vietnam Fatherland Front, its member organizations, and other organizations within their functions and tasks have the responsibility to promote and mobilize members of their organizations and the people to participate in Red Cross activities, and supervise the implementation of laws on Red Cross activities.

2. The Communist Youth Union of Ho Chi Minh City, in addition to implementing the provisions of Clause 1 of this Article, also has the responsibility to coordinate with the Vietnam Red Cross Society to organize youth and juvenile forces for Red Cross activities.

3. Organizations and individuals within their duties and powers create favorable conditions for the implementation of Red Cross activities.

Article 6. Prohibited Acts

1. Obstructing or forcing organizations and individuals to participate in Red Cross activities.

2. Using or providing products, goods, and services that do not meet quality standards, causing harm to human health and lives in Red Cross activities.

3. Reporting false information, fraud, embezzlement, and illegal use of funds and materials donated or contributed by organizations and individuals for Red Cross activities.

4. Exploiting Red Cross activities for purposes that infringe upon national security and social order and safety.

5. Exploiting Red Cross activities for personal gain.

6. Requesting those who receive relief or assistance to pay costs for receiving, transporting, and distributing funds and materials in Red Cross activities.

7. Using the Red Cross symbol illegally.

Chapter 2:

ACTIVITY OF THE RED CROSS

Article 7. Red Cross Activities on Emergency Relief and Humanitarian Assistance

1. Red Cross emergency relief activities are timely and direct support provided to victims of war, natural disasters, epidemics, fires, traffic accidents, and other accidents and disasters, including:

a) Financial and material assistance and help to overcome initial difficulties;

b) Moral encouragement and psychological support.

2. Red Cross humanitarian assistance activities are those that provide aid to people with disabilities, elderly without shelter, orphaned children, and others in particularly difficult circumstances, including:

a) Financial and material assistance;

b) Funding for vocational training and job creation;

c) Funding for medical examinations, treatment, and rehabilitation;

d) Other forms of assistance.

3. Emergency relief and humanitarian assistance must prioritize the most difficult areas and groups, and shall be carried out as follows:

a) In cases of emergency relief, financial and material assistance shall be immediately and directly provided to the affected individuals as stipulated in Clause 1 of this Article;

b) In cases of humanitarian assistance, the recipients of financial and material assistance shall be determined based on public and democratic assessment by the community and confirmed by the People's Committee of communes, wards, towns (hereinafter referred to collectively as commune level) or social welfare institutions where the recipients are being cared for.

Article 8. Red Cross Activities on Health Care

Red Cross health care activities contribute to protecting and improving public health, participating in disease prevention and control, including:

1. Promoting knowledge about health care; mobilizing, guiding, and supporting the public to implement health care measures for themselves, their families, and the community;

2. Organizing forces, conducting training, education, and capacity building for members and volunteers with knowledge, skills, and methods to carry out health care activities;

3. Participating in disease prevention and control;

4. Organizing charitable medical facilities, mobile medical services according to the provisions of the law.

Article 9. Red Cross Activities on Initial First Aid

Red Cross initial first aid activities involve providing first aid to victims of war, natural disasters, epidemics, fires, traffic accidents, and other accidents and disasters, including:

1. Providing immediate on-site first aid, promptly transporting victims to medical facilities, and informing their families, workplaces, organizations, or the People's Committee of the commune where they reside;

2. Organizing forces, conducting training, education, and capacity building for members and volunteers with first aid skills and methods;

3. Establishing first aid points and stations in areas frequently affected by accidents, providing first aid equipment.

Article 10. Red Cross Activities on Voluntary Blood Donation, Tissue, Organ Donation, and Body Donation

1. Red Cross voluntary blood donation activities aim to meet the need for blood for medical treatment, including:

a) Promoting and mobilizing blood donations;

b) Organizing blood donation forces and facilities;

c) Conducting blood donation events;

d) Receiving blood and blood products from organizations and individuals;

e) Cooperating with the healthcare sector in testing and properly storing blood and blood products according to technical procedures.

2. Red Cross activities on tissue, organ donation, and body donation involve promoting the humanitarian significance and purpose of such donations.

Article 11. Red Cross Activities for Searching Information on Missing Relatives Due to War, Natural Disasters, and Catastrophes

Red Cross activities for searching information on missing relatives due to war, natural disasters, and catastrophes are activities providing information about individuals or supporting meetings and reunions for individuals and families who have been separated due to war, natural disasters, and catastrophes both within the country and abroad, including:

1. Propaganda on the purpose, significance, and scope of red cross activities for searching information on missing relatives;

2. Collecting, processing, and supporting the exchange of information related to relatives in cases where regular communication channels are interrupted;

3. Advising, guiding, supporting, and helping individuals, families, and their relatives in contacting and conducting necessary procedures to meet and reunite with their families as soon as possible.

Article 12. Red Cross Activities for Promoting Humanitarian Values

Red Cross activities for promoting humanitarian values are activities aimed at raising awareness among organizations and individuals about the following contents:

1. The purpose, significance, and content of red cross activities; the tradition of kindness, love for humanity, and the spirit of solidarity of the Vietnamese nation;

2. State policies and laws on red cross activities;

3. International humanitarian law, basic principles of the International Red Cross and Red Crescent Movement, and other international treaties on humanitarian activities to which the Socialist Republic of Vietnam is a member.

Article 13. Red Cross Activities for Disaster Prevention and Response

Red Cross activities for disaster prevention and response are activities contributing to reducing the risk of disasters occurring, minimizing casualties and property damage when disasters occur, including:

1. Propaganda, dissemination of knowledge, and guidance on skills for red cross members, volunteers, and the public on disaster prevention and response;

2. Organizing forces, means, and other material conditions to participate in disaster prevention and response;

3. Participating in organizing evacuation, relocation, protection of the people, rescue of victims, and community recovery activities after disasters.

Chapter 3:

SYMBOLS IN RED CROSS ACTIVITIES

Article 14. Red Cross Symbol

1. The red cross symbol is a red cross on a white background. The red cross symbol is respected and protected by law.

2. The red cross symbol is a sign to identify those performing red cross activities and the facilities, means, and items used in such activities. In armed conflicts, the red cross symbol is a sign to identify and protect persons, facilities, and means, and items bearing this symbol.

Article 15. Use of the Red Cross Symbol

1. The red cross symbol is used during the conduct of red cross activities and at facilities, on means, and items of the Red Cross Society.

2. During armed conflicts, the red cross symbol is used in accordance with the relevant Geneva Conventions and additional protocols to which the Socialist Republic of Vietnam is a member.

Article 16. Crescent Red Symbol, Crystal Red Symbol

The crescent red symbol and crystal red symbol used in Vietnam by international organizations and foreign organizations belonging to the International Red Cross and Red Crescent Movement are respected and protected by law.

Chapter 4:

MOVEMENT, DONATION, RECEIPT, MANAGEMENT, AND USE OF RESOURCES FOR RED CROSS ACTIVITIES

AUTHORITY FOR THE RED CROSS ACTIVITIES

Article 17. Resources for Red Cross Activities

1. Resources for Red Cross activities include human resources, money, materials, and other resources mobilized, donated, received from organizations and individuals, and supported by the state budget.

2. The Government shall specify the details of state budget support for Red Cross activities.

Article 18. Mobilization, Donation of Money, Materials, and Other Resources for Red Cross Activities

1. The Red Cross Association organizes the mobilization, donation of money, materials, labor, and intellect of organizations and individuals to implement Red Cross activities. In cases of natural disasters, catastrophes, dangerous epidemics causing serious consequences to people and property, the Red Cross Association calls for support from domestic and foreign Red Cross organizations. The Government guides and directs relevant state agencies to create favorable conditions and quickly handle exit, entry, and customs procedures for people, money, and materials serving Red Cross activities during natural disasters, catastrophes, and dangerous epidemics.

2. The organization of mobilization, donation of money, materials, labor, and intellect must ensure voluntariness and be carried out in accordance with the provisions of the law.

3. The mobilization, donation of money, materials, labor, and intellect for Red Cross activities must be transparent and publicized according to the provisions of Article 21 of this Law.

4. Information about those in need of assistance who face difficulties must be made known to the public to participate in relief and assistance.

Article 19. Receipt, Management, and Use of Money, Materials from Organizations and Individuals and State Budget Support for Red Cross Activities

1. The Red Cross Association is responsible for receiving, managing, and using money, materials from organizations and individuals and state budget support for Red Cross activities.

2. The Red Cross Association coordinates with all levels of People's Committees to promptly establish lists and organize the distribution of money and materials to those in need of assistance.

3. The management and use of money and materials obtained through mobilization, donation, and receipt must comply with the intended purpose and target group as stipulated by law and must be transparent and publicized according to the provisions of Article 21 of this Law.

Article 20. Tax Exemption and Reduction for Goods and Services Serving Red Cross Activities

Goods and services serving Red Cross activities are exempted or reduced in tax according to the provisions of the law on taxation.

Article 21. Transparency in Mobilization, Donation, Receipt, Management, and Use of Money and Materials for Red Cross Activities

1. The mobilization, receipt, management, and use of money and materials from organizations and individuals for Red Cross activities must be transparent and subject to inspection, examination, and supervision according to the provisions of the law.

2. The contents that must be transparent include the purpose of mobilization and donation, results of mobilization and donation, usage and results of usage, and final reports.

3. Forms of transparency include:

a) Publicly posting at locations where money and materials are received and

b) Announcing on mass media;

c) Providing information upon request of agencies, organizations, and individuals according to the provisions of the law.

4. Organizations and individuals implementing Red Cross activities have the responsibility to implement the forms of transparency specified in point a and point c of Clause 3 of this Article, and may choose the form of transparency specified in point b of Clause 3 of this Article.

5. The time for transparency is defined as follows:

a) The purpose of mobilization and donation must be publicly disclosed before the mobilization and donation process begins;

b) The results of mobilization and donation must be publicly disclosed within thirty days from the end of the mobilization and donation process;

c) The usage and results of usage of money and materials and final reports must be publicly disclosed within thirty days from the approval date of the final report;

d) Within ten days from the date of the request according to point c of Clause 3 of this Article, the Red Cross Association, organizations, and individuals implementing Red Cross activities have the responsibility to provide information, except when the content has already been publicly disclosed via mass media or publicly posted; if information is not provided or cannot be provided, it must be replied in writing by the requesting agency, organization, or individual, and the reason must be clearly stated.

Article 22. Red Cross Activity Fund

1. The Red Cross Activity Fund is a social and charitable fund managed by the Vietnam Red Cross Society, used to carry out Red Cross activities.

2. The Red Cross Activity Fund is formed from the following sources:

a) Voluntary contributions, sponsorships from organizations and individuals; humanitarian aid from international organizations and foreign governments;

b) Support from the state budget when necessary;

c) Other lawful revenues.

3. The Red Cross Activity Fund includes emergency relief funds and other component funds established in accordance with the provisions of the law.

4. The establishment, organization, operation, and management of the Red Cross Activity Fund shall be carried out in accordance with the regulations of the Government.

Chapter 5:

INTERNATIONAL COOPERATION IN RED CROSS ACTIVITIES

Article 23. Principles of International Cooperation in Red Cross Activities

International cooperation in Red Cross activities is conducted on the basis of respecting independence, sovereignty, territorial integrity, equality, and compliance with the provisions of Vietnamese law and international law regarding Red Cross activities.

Article 24. Contents of International Cooperation in Red Cross Activities

1. Developing and implementing programs and projects on Red Cross activities

2. Fulfilling international tasks of the Red Cross and Red Crescent Movement.

3. Exchanging information and experiences on Red Cross activities.

4. Training and capacity building for those involved in Red Cross activities.

5. Signing, joining, and implementing international treaties and agreements on Red Cross activities.

Article 25. Red Cross Activities of International Organizations, Foreign Organizations, and Individuals in Vietnam

International organizations belonging to the Red Cross and Red Crescent Movement, other international organizations, foreign organizations, and individuals participating in Red Cross activities in Vietnam must comply with Vietnamese law and be provided favorable conditions by the Vietnamese State.

Article 26. International Relief

1. The Vietnam Red Cross participates in international relief activities based on adhering to the fundamental principles of the Red Cross and Red Crescent Movement, Vietnamese law, international treaties to which the Socialist Republic of Vietnam is a member, the laws of the host country, and international law and customs.

2. The Vietnam Red Cross calls upon the Vietnamese people to support the people of countries affected by severe disasters after obtaining approval.

3. The State creates conditions for the Vietnam Red Cross to participate in international relief activities.

Chapter 6:

THE VIETNAM RED CROSS SOCIETY

Article 27. The Vietnam Red Cross Society

1. The Vietnam Red Cross Society is a social organization operating humanitarian activities in accordance with Vietnamese law, international law, the fundamental principles of the Red Cross and Red Crescent Movement, other international treaties on humanitarian activities to which the Socialist Republic of Vietnam is a member, and the Charter of the Society.

2. The Vietnam Red Cross Society is a member of the Vietnam Fatherland Front, a member of the Red Cross and Red Crescent Movement, and has the responsibility to organize and implement or coordinate with others to implement Red Cross activities and perform other tasks assigned by competent state authorities.

Article 28. Operating Expenses and Assets of the Vietnam Red Cross Society

1. The operating expenses of the Vietnam Red Cross Society are formed from the following sources:

a) Membership fees of members;

b) Support from organizations and individuals;

c) Support from the state budget for fundraising, receiving, transporting, distributing relief money and materials, and other tasks assigned by the State;

d) Other lawful sources of revenue.

2. The Vietnam Red Cross Society receives, manages, and uses assets according to the provisions of the law for assets transferred by the State and assets donated by organizations and individuals.

Chapter 7:

RESPONSIBILITIES OF STATE AGENCIES AND GENERAL MEDIA IN THE ACTIVITIES OF THE RED CROSS

GENERALLY IN THE RED CROSS ACTIVITIES

Article 29. Contents of State Management over Red Cross Activities

1. Issuing and implementing normative legal documents and policies on Red Cross activities.

2. Propaganda and dissemination of policies and laws on Red Cross activities.

3. Inspection and supervision of the implementation of laws on Red Cross activities; handling complaints and accusations and dealing with violations of laws on Red Cross activities.

4. Conducting statistics, providing information, propaganda, and reporting on Red Cross activities.

5. International cooperation in Red Cross activities.

Article 30. State Management Agencies for Red Cross Activities

1. The Government uniformly manages state affairs concerning Red Cross activities.

2. The Ministry of Home Affairs is responsible to the Government for managing state affairs concerning Red Cross activities.

3. Ministries and agencies at the ministerial level within their respective duties and authorities shall cooperate with the Ministry of Home Affairs to manage state affairs concerning Red Cross activities.

4. People's Committees at all levels within their respective duties and authorities shall manage Red Cross activities in their localities.

Article 31. Responsibilities of the Ministry of Home Affairs

1. Drafting and submitting to competent state agencies for issuance, or issuing within its authority, normative legal documents on Red Cross activities.

2. Inspecting and supervising the implementation of laws on Red Cross activities; conducting statistical work and reporting on Red Cross activities.

Article 32. Responsibilities of ministries

1. The Ministry of Labor, Invalids and Social Affairs shall guide Red Cross activities related to emergency relief, humanitarian assistance, and searching for missing relatives due to war, natural disasters, and catastrophes.

2. The Ministry of Health shall guide Red Cross activities related to healthcare, initial first aid, voluntary blood donation, organ and tissue donation, and body donation.

3. The Ministry of Finance shall guide the receipt, management, and utilization of resources, including financial support from the state budget for Red Cross activities.

4. The Ministry of Agriculture and Rural Development, the Ministry of Public Security, and the Ministry of National Defense shall guide Red Cross activities related to disaster prevention and response.

5. The Ministry of Foreign Affairs shall guide and support international cooperation in Red Cross activities.

6. The Ministry of Education and Training shall guide the development of organizational structures and activities of youth and children in Red Cross activities.

7. The Ministry of Information and Communications shall guide information and propaganda work regarding Red Cross activities.

Article 33. Responsibilities of General Media Agencies

General media agencies shall be responsible for providing information, propaganda, and coordinating to mobilize the public to participate in Red Cross activities, highlighting exemplary cases, and criticizing negative phenomena in the implementation of laws on Red Cross activities. Providing information and propaganda about Red Cross activities shall not be charged, except when carried out under contracts with programs and projects funded by organizations or individuals.

Chapter 8:

IMPLEMENTING PROVISIONS

Article 39. Effective date

This Law takes effect from January 1, 2009.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the twelfth session, third meeting, on June 3, 2008./.