Decree No. 12/2012/ND-CP on Registration and Management of Activities of Foreign Non-Governmental Organizations in Vietnam

DECREE

Regarding the registration and management of activities of foreign non-governmental organizations in Vietnam

_______________________

THE GOVERNMENT

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

Pursuant to the Law on Legislative Acts of 03 June 2008;

Pursuant to Decree No. 15/2008/NĐ-CP dated February 4, 2008, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Considering the proposal of the Minister of Foreign Affairs,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. This Decree specifies the registration and management of activities for support development, humanitarian aid, non-profit purposes, or other purposes of foreign non-governmental organizations in Vietnam.

2. This Decree applies to non-governmental organizations, non-profit organizations, social funds, private funds, or other forms of social, non-profit organizations established under foreign laws, which engage in support development, humanitarian aid, non-profit purposes, or other purposes in Vietnam.

Article 2. Interpretation of Terms

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

1. "Foreign non-governmental organization" refers to the organizations mentioned in Clause 2 of Article 1 of this Decree.

2. "Humanitarian and development activities" refer to support development, humanitarian aid, non-profit purposes, or other purposes.

3. "Program" is a set of related activities and projects aimed at achieving one or more specific goals, with a relatively long implementation period or carried out in multiple phases, involving various sectors, fields, regions, and subjects, with resources mobilized from different sources at different times through various methods.

4. "Project" is a set of related activities aimed at achieving one or more specific goals, implemented within a specific area, during a defined time frame, based on predetermined resources.

5. "Non-project aid" refers to aid not included in programs or projects, provided in the form of goods, cash, or experts (including volunteer experts) for humanitarian and development purposes.

6. "Long-term commitment" is a financial or activity commitment lasting five years or longer.

7. "Vietnamese partner agency" is a Vietnamese agency or organization directly cooperating and signing cooperation agreements with foreign non-governmental organizations or individuals after approval by competent Vietnamese authorities.

8. "Registration Certificate" is a document confirming that a foreign non-governmental organization has registered its activities according to the provisions of this Decree, presented in three forms: Activity Registration Certificate, Project Office Registration Certificate, Representative Office Registration Certificate.

9. "Representative office" is the official representative body of a foreign non-governmental organization in Vietnam.

10. "Project office" is an independent office or department of the representative office located in a locality to oversee and implement projects funded by the foreign non-governmental organization in that locality or region, ceasing to exist upon completion of the project.

11. "Framework agreement" is an agreement signed between Vietnamese agencies or organizations authorized by law and foreign non-governmental organizations, specifying the rights, responsibilities, and content of humanitarian and development activities of the foreign non-governmental organization in Vietnam.

Article 3. State Policy of Vietnam towards Foreign Non-Governmental Organizations

1. The State of Vietnam encourages and creates favorable conditions for foreign non-governmental organizations to carry out humanitarian and development activities in Vietnam.

2. Foreign non-governmental organizations carrying out humanitarian and development activities in Vietnam shall register with the competent state agency of Vietnam as prescribed in Article 25 of this Decree and comply with Vietnamese laws.

Article 8. Prohibited acts

Strictly prohibited are the following actions by foreign non-governmental organizations:

1. Organizing and conducting political, religious activities and other activities inconsistent with national interests, national security, defense, and the great unity of the Vietnamese people.

2. Organizing, conducting, or participating in profit-oriented activities not serving humanitarian or development purposes.

3. Organizing, conducting, or participating in money laundering and terrorist-related activities.

4. Organizing, conducting, or participating in activities that harm social morals, customs, traditions, and ethnic identity.

5. Organizing, conducting, or participating in other activities contrary to Vietnamese laws.

Chapter II

REGISTRATION PROCEDURES FOR FOREIGN NON-GOVERNMENTAL ORGANIZATIONS IN VIETNAM

Article 5. Forms of Registration

Foreign non-governmental organizations may be considered for registration under three forms: Certificate of Operation, Certificate of Project Office Establishment, and Certificate of Representative Office Establishment.

Article 6. Procedures for Issuing the Certificate of Operation

1. Foreign non-governmental organizations wishing to operate in Vietnam must meet the following conditions:

a) Having legal personality according to the law of the country of establishment.

b) Having clear statutes and objectives.

c) Having a humanitarian and development plan in Vietnam through programs, projects, or non-project assistance consistent with Vietnam's socio-economic development policy.

2. Foreign non-governmental organizations requesting issuance of the Certificate of Operation shall submit one set of documents directly, via postal service, or through the Vietnamese representative office abroad to the Committee for Foreign Non-Governmental Organizations (each set of documents in a foreign language must be accompanied by a certified Vietnamese translation), including:

a) One application letter from the foreign non-governmental organization signed by an authorized person and sent to the Committee for Foreign Non-Governmental Organizations, containing the following main contents:

- Full name and abbreviation of the organization, headquarters address.

- Objectives and purpose of activities.

- Brief history and development process of the organization.

- Financial sources and capacity.

- Programs, projects, and/or activity plans in Vietnam.

- Commitment to strictly comply with Vietnamese laws and respect Vietnamese customs and traditions.

b) One copy of the Statutes of the foreign non-governmental organization legalized by consular authentication, except where international treaties to which Vietnam is a party provide otherwise.

c) Original or one copy of the certificate of legal personality issued by the competent authority at the place of establishment or headquarters, legalized by consular authentication, except where international treaties to which Vietnam is a party provide otherwise.

3. Within no more than 45 (forty-five) working days from the date of receipt of complete valid documents, the Committee for Foreign Non-Governmental Organizations shall notify the result in writing to the relevant foreign non-governmental organization.

4. In case of agreement to issue the Certificate of Operation, the foreign non-governmental organization shall be responsible for sending an authorized person to collect the Certificate of Operation directly at the Committee for Foreign Non-Governmental Organizations' office. In case of delegation, the person collecting must present a power of attorney and identification (passport, ID card...) or can receive it via postal service.

5. The validity period of the Certificate of Operation is 03 (three) years from the date of issuance. The Certificate of Operation will expire in the following cases:

- Exceeding the registration period for the foreign non-governmental organization at its place of establishment or headquarters if the law of that country stipulates a registration period for such organizations.

- The foreign non-governmental organization has been granted either of the two types of Certificates of Project Office Establishment or Representative Office Establishment in Vietnam.

Article 7. Procedure for Extending the Registration Certificate for Operation

1. At least 60 (sixty) days before the Registration Certificate for Operation expires, a foreign non-governmental organization that wishes to extend the Registration Certificate for Operation shall submit directly or send by post to the Committee on Foreign Non-Governmental Organizations one set of documents (documents in a foreign language must be accompanied by a certified Vietnamese translation), each set including:

a) One application for extending the Registration Certificate for Operation.

b) One original Registration Certificate for Operation that is about to expire.

c) One summary report on the activities of the organization during the period covered by the issued Registration Certificate for Operation.

d) One plan of activities of the organization for the next Registration Certificate for Operation period.

2. Within 30 (thirty) working days from the date of receipt of a complete and valid set of documents, the Committee on Foreign Non-Governmental Organizations shall notify the result in writing to the relevant foreign non-governmental organization.

3. In case the extension of the Registration Certificate for Operation is approved, the foreign non-governmental organization is responsible for sending a person who signed the application to collect the extended Registration Certificate for Operation directly at the office of the Committee on Foreign Non-Governmental Organizations. In case of delegation, the person collecting the certificate must present a power of attorney and identification documents (passport, identity card, etc.) or may receive it by post.

4. The validity period of the Registration Certificate for Operation after extension is 03 (three) years from the date of extension but shall not exceed the registration period of the foreign non-governmental organization at its place of establishment or main office if the laws of that country specify a registration period for non-governmental organizations.

Article 8. Procedure for Supplementing, Amending, and Reissuing the Registration Certificate for Operation

1. When there is a need to amend or supplement the contents of the Registration Certificate for Operation or to reissue it when the Registration Certificate for Operation is lost, torn, damaged, or worn out, a foreign non-governmental organization shall submit directly or by post to the Committee on Foreign Non-Governmental Organizations one set of documents (documents in a foreign language must be accompanied by a certified Vietnamese translation), each set including:

a) One application for amending, supplementing, or reissuing the Registration Certificate for Operation, clearly stating the content and reasons for amendment, supplementation, or reissuance.

b) One original Registration Certificate for Operation in cases where the request for amendment, supplementation, or reissuance is due to tearing, damage, or wear and tear.

c) One certified copy of the original Registration Certificate for Operation in cases where the request for reissuance is due to loss of the original.

2. Within 30 (thirty) working days from the date of receipt of a complete and valid set of documents, the Committee on Foreign Non-Governmental Organizations shall notify the result in writing to the relevant foreign non-governmental organization.

3. In case the amendment, supplementation, or reissuance of the Registration Certificate for Operation is approved, the foreign non-governmental organization is responsible for sending a person who signed the application to collect the Registration Certificate for Operation with the amended, supplemented, or reissued content directly at the office of the Committee on Foreign Non-Governmental Organizations. In case of delegation, the person collecting the certificate must present a power of attorney and identification documents (passport, identity card, etc.) or may receive it by post.

Article 9. Procedures for Issuing the Registration Certificate for Establishing a Project Office

1. Foreign non-governmental organizations wishing to register to establish a project office in Vietnam must meet the following conditions:

1. Having been issued an Operating Registration Certificate in accordance with Article 6 of this Decree.

b) Having a program or project that has been approved by competent authorities in Vietnam and which requires regular, on-site management and supervision due to its scale and nature.

2. A foreign non-governmental organization requesting issuance of a Registration Certificate for Establishing a Project Office shall submit directly, via postal service, or through the Vietnamese representative office abroad to the Committee for Non-Governmental Organizations' Work one set of documents (documents in a foreign language must be accompanied by a certified Vietnamese translation), each set including:

a) An application form for establishing a project office containing the main contents such as the necessity of establishing a project office; the proposed location of the project office; the estimated number of foreign and Vietnamese staff required for the operation of the project office.

b) The original Operating Registration Certificate.

c) One document on the program or project in Vietnam and one original or certified true copy of the approval document from the competent authority in Vietnam.

d) The original or one copy of the criminal record of the person proposed to be appointed as the Head of the Project Office issued by the competent authority of the country where the Head of the Project Office is a citizen, which has been apostilled. If the Head of the Project Office has resided in Vietnam for more than six months, there must also be one original criminal record issued by the competent authority in Vietnam.

đ) One biography of the person proposed to be appointed as the Head of the Project Office and a letter of introduction to act as a representative in Vietnam from the head of the foreign non-governmental organization.

3. Within no more than 45 (forty-five) working days from the date of receipt of complete valid documents, the Committee for Foreign Non-Governmental Organizations shall notify the result in writing to the relevant foreign non-governmental organization.

4. In case of agreement to issue the Registration Certificate for Establishing a Project Office, the foreign non-governmental organization is responsible for sending the person who signed the application to personally collect the Registration Certificate for Establishing a Project Office at the headquarters of the Committee for Non-Governmental Organizations' Work. In case of delegation, the person collecting the certificate must present a power of attorney and identification documents (passport, ID card, etc.) or may collect it via postal service.

5. The validity period of the Registration Certificate for Establishing a Project Office is five years from the date of issuance but does not exceed the registration period of the foreign non-governmental organization at the place of establishment or main office if the law of that country specifies a registration period for non-governmental organizations.

Article 10. Procedures for Extending the Registration Certificate for Establishing a Project Office

1. At least sixty days before the expiration of the Registration Certificate for Establishing a Project Office, a foreign non-governmental organization wishing to extend the Registration Certificate for Establishing a Project Office shall submit directly or send via postal service to the Committee for Non-Governmental Organizations' Work one set of documents (documents in a foreign language must be accompanied by a certified Vietnamese translation), each set including:

a) One application for extending the Registration Certificate for Establishing a Project Office.

b) One original Registration Certificate for Establishing a Project Office nearing expiration.

c) One summary report on the activities of the organization during the validity period of the Registration Certificate for Establishing a Project Office already issued.

d) One plan of activities of the organization during the next validity period of the Registration Certificate for Establishing a Project Office.

2. Within thirty working days from the date of receipt of complete and valid documents, the Committee for Non-Governmental Organizations' Work will issue a response to the relevant foreign non-governmental organization regarding the result of the extension.

3. In case of agreement to extend the Registration Certificate for Establishing a Project Office, the foreign non-governmental organization is responsible for sending the person named in the application to personally collect the extended Registration Certificate for Establishing a Project Office at the headquarters of the Committee for Non-Governmental Organizations' Work. In case of delegation, the person collecting the certificate must present a power of attorney and identification documents (passport, ID card, etc.) or may collect it via postal service.

4. The validity period of the Registration Certificate for Establishing a Project Office after extension is five years from the date of extension but does not exceed the registration period of the foreign non-governmental organization at the place of establishment or main office if the law of that country specifies a registration period for non-governmental organizations.

Article 11. Procedures for Supplementing, Amending, and Reissuing Registration for Establishing a Project Office

1. When there is a need to amend or supplement the contents in the Registration Certificate for Establishing a Project Office due to loss, damage, wear and tear, or obsolescence of the Registration Certificate for Establishing a Project Office, foreign non-governmental organizations shall submit directly or via postal service to the Committee for Foreign Non-Governmental Organizations Work one set of documents (documents in a foreign language must be accompanied by a certified Vietnamese translation), each set including:

a) One application form requesting amendment, supplementation, or reissue of the Registration Certificate for Establishing a Project Office, clearly stating the content and reasons for amendment, supplementation, or reissue.

b) One original Registration Certificate for Establishing a Project Office in cases where the request for amendment, supplementation, or reissue is due to damage, wear and tear, or obsolescence (and one certified copy in the remaining set of documents).

c) One certified copy of the original Registration Certificate for Establishing a Project Office in cases where the request for reissue is due to loss of the original.

2. Within thirty working days from the date of receipt of complete and valid documents, the Committee for Foreign Non-Governmental Organizations Work shall be responsible for notifying the result in writing to the relevant foreign non-governmental organization.

3. In cases where the amendment, supplementation, or reissue of the Registration Certificate for Establishing a Project Office is approved, the foreign non-governmental organization shall be responsible for sending a person named in the application to collect the Registration Certificate for Establishing a Project Office with noted amendments, supplements, or reissues directly at the office of the Committee for Foreign Non-Governmental Organizations Work. If authorizing another person, the recipient must present a power of attorney and identification documents (passport, identity card, etc.) or may receive the Registration Certificate for Establishing a Project Office through postal service.

Article 12. Procedures for Issuing Registration Certificate for Establishing a Representative Office

1. Foreign non-governmental organizations wishing to register for establishing a Representative Office in Vietnam must meet the following conditions:

a) Having been issued an Operating Registration Certificate in accordance with Article 6 of this Decree.

b) Committing to long-term activities through programs and projects that have been approved by competent authorities in Vietnam.

c) Having effectively operated in Vietnam for at least two years.

d) The Representative Office can only be located in one of three cities: Hanoi, Da Nang, and Ho Chi Minh City.

2. Foreign non-governmental organizations requesting issuance of a Registration Certificate for Establishing a Representative Office shall submit directly or via postal service or through the Vietnamese representative agency abroad to the Committee for Foreign Non-Governmental Organizations Work one set of documents (documents in a foreign language must be accompanied by a certified Vietnamese translation), each set of documents including:

a) An application for establishing a Representative Office containing the main contents as follows: the necessity of establishing a Representative Office; the proposed location for the Representative Office; the estimated number of foreign and Vietnamese staff required for the operation of the Representative Office.

b) One original Operating Registration Certificate or one copy of the Project Office Establishment Permit (in case a Project Office has already been established in Vietnam).

c) One document on the program or project in Vietnam and one original or certified true copy of the approval document from the competent authority in Vietnam.

d) One original or one copy of the Criminal Record of the proposed Representative Office Director issued by the competent authority of the country where the Director is a citizen, legalized by consular certification. If the Director has resided in Vietnam for more than six months, an additional original Criminal Record issued by the competent authority of Vietnam must also be provided.

đ) One biography of the proposed Representative Office Director and a letter of introduction to act as a representative in Vietnam from the head of the foreign non-governmental organization.

e) One report on the results of operations in Vietnam for at least the last two years.

3. Within forty-five working days from the date of receipt of complete and valid documents, the Committee for Foreign Non-Governmental Organizations Work shall be responsible for notifying the result in writing to the relevant foreign non-governmental organization.

4. In cases where the issuance of the Registration Certificate for Establishing a Representative Office is approved, the foreign non-governmental organization shall be responsible for sending a person who signed the application to collect the Registration Certificate for Establishing a Representative Office directly at the office of the Committee for Foreign Non-Governmental Organizations Work. If authorizing another person, the recipient must present a power of attorney and identification documents (passport, identity card, etc.) or may receive the Registration Certificate for Establishing a Representative Office through postal service.

5. The validity period of the Registration Certificate for Establishing a Representative Office is five years from the date of issuance but does not exceed the registration period for the operation of the foreign non-governmental organization at its place of establishment or headquarters if the law of that country specifies a registration period for non-governmental organizations.

Article 13. Procedure for Extending the Registration Certificate for Establishing a Representative Office

1. At least 60 (sixty) days before the Registration Certificate for Establishing a Representative Office expires, the foreign non-governmental organization wishing to extend the Registration Certificate for Establishing a Representative Office shall submit directly or send by post to the Committee on Foreign Non-Governmental Organizations one set of documents (documents in a foreign language must be accompanied by a certified Vietnamese translation), each set including:

a) One application for extending the Registration Certificate for Establishing a Representative Office.

b) One original Registration Certificate for Establishing a Representative Office.

c) One summary report on the activities of the organization during the period covered by the Registration Certificate for Establishing a Representative Office that has been issued.

d) One plan of activities of the organization for the next period covered by the Registration Certificate for Establishing a Representative Office.

2. Within 30 (thirty) working days from the date of receipt of complete and valid documents, the Committee on Foreign Non-Governmental Organizations shall issue a written response to the relevant foreign non-governmental organization regarding the result of the extension.

3. In case the extension of the Registration Certificate for Establishing a Representative Office is approved, the foreign non-governmental organization shall be responsible for sending a person who signed the application to collect the extended Registration Certificate for Establishing a Representative Office directly at the office of the Committee on Foreign Non-Governmental Organizations. In case of delegation to another person, the person collecting the certificate must present a power of attorney and personal identification documents (passport, identity card, etc.) or may receive the Registration Certificate for Establishing a Representative Office by post.

4. The validity period of the Registration Certificate for Establishing a Representative Office after being extended is 05 (five) years from the date of extension but shall not exceed the registration period for the operation of the foreign non-governmental organization at its place of establishment or main office if the law of that country specifies a registration period for such organizations.

Article 14. Procedures for Supplementing, Amending, and Reissuing the Registration Certificate for Establishing a Representative Office

1. When there is a need to amend or supplement contents in the Registration Certificate for Establishing a Representative Office due to loss, damage, or deterioration of the certificate, the foreign non-governmental organization shall submit directly or by post to the Committee on Foreign Non-Governmental Organizations one set of documents (documents in a foreign language must be accompanied by a certified Vietnamese translation), each set including:

a) One application for amending, supplementing, or reissuing the Registration Certificate for Establishing a Representative Office, clearly stating the content and reasons for amendment, supplementation, or reissuance.

b) One original Registration Certificate for Establishing a Representative Office in cases where the request for amendment, supplementation, or reissuance is due to damage, deterioration, or wear and tear (and one certified copy of the original in the remaining set of documents).

c) One certified copy of the original Registration Certificate for Establishing a Representative Office in cases where the request for reissuance is due to loss of the original.

2. Within thirty working days from the date of receipt of complete and valid documents, the Committee for Foreign Non-Governmental Organizations Work shall be responsible for notifying the result in writing to the relevant foreign non-governmental organization.

3. In case the amendment, supplementation, or reissuance of the Registration Certificate for Establishing a Representative Office is approved, the foreign non-governmental organization shall be responsible for sending a person who signed the application to collect the Registration Certificate for Establishing a Representative Office with the amended, supplemented, or reissued content directly at the office of the Committee on Foreign Non-Governmental Organizations. In case of delegation to another person, the person collecting the certificate must present a power of attorney and personal identification documents (passport, identity card, etc.) or may receive the Registration Certificate for Establishing a Representative Office by post.

Article 15. Suspension and Termination of Activities of Foreign Non-Governmental Organizations

1. A foreign non-governmental organization that has been issued a Registration Certificate shall have its activities suspended partially, fully suspended, or terminated and its Registration Certificate revoked according to the decision of the Ministry of Foreign Affairs in the following cases:

a) The Registration Certificate expires without applying for extension in accordance with this Decree.

b) Violation of the provisions set out in Article 4 of this Decree.

c) Intentionally falsifying registration documents.

d) Not engaging in any activity within twelve months from the date of issuance of the Registration Certificate.

2. Within no more than sixty (60) days from the date of receiving the notice to terminate operations from the Ministry of Foreign Affairs, the foreign non-governmental organization must resolve all issues related to office premises, housing, staff, working equipment, financial obligations (if any), and other related matters with organizations and individuals in Vietnam.

3. In the case of voluntarily terminating operations, the foreign non-governmental organization must notify the Committee for Non-Governmental Organizations and the Ministry of Foreign Affairs sixty (60) days before officially terminating operations, accompanied by the issued Registration Certificate, audit reports on assets and finances, and must fulfill the responsibilities stipulated in Clause 2 of this Article.

Chapter III

RIGHTS AND RESPONSIBILITIES OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS

Article 16. General Provisions

1. The activities of foreign non-governmental organizations in Vietnam must comply with the contents specified in the issued Registration Certificate.

2. The Head of the Representative Office, the Head of the Project Office, or the person authorized by the foreign non-governmental organization to represent it in Vietnam, is responsible for all activities of the foreign non-governmental organization in Vietnam.

3. The rights and responsibilities of foreign non-governmental organizations with Representative Offices or Project Offices are specifically defined in the framework agreement signed with the competent state agency (as stipulated in Article 25 of this Decree).

Article 17. Notification of Activities

Within forty-five (45) days from the issuance, extension, supplementation, or amendment of the Registration Certificate, the foreign non-governmental organization is responsible for notifying the issuance, extension, supplementation, or amendment of the Registration Certificate and the organization's operational plan to the People's Committee of the province or centrally-administered city where the foreign non-governmental organization operates or plans to operate.

Article 18. Reporting Responsibilities

1. Every six months and annually, the Head of the Representative Office, the Head of the Project Office, or the person authorized by the foreign non-governmental organization to represent it in Vietnam, is responsible for submitting written reports on activities in Vietnam to the competent state agency (as stipulated in Article 25 of this Decree), and simultaneously sending them to the People's Committee of the province or centrally-administered city as determined in the Registration Certificate.

2. The Head of the Representative Office, the Head of the Project Office, or the person authorized by the foreign non-governmental organization to represent it in Vietnam, is responsible for reporting, conducting audits, providing documents, or explaining issues related to the organization's activities when requested by the competent state agency (as stipulated in Article 25 of this Decree).

Article 19. Leasing Office Premises and Hiring Staff

Foreign non-governmental organizations are permitted to lease office premises and hire foreign and Vietnamese staff for their offices upon written approval from the competent state agency that issued the registration certificate, in accordance with the Registration Certificate and relevant Vietnamese laws.

Article 20. Issuance of Work Permits

After obtaining the Registration Certificate from the competent state authority, foreign employees working for foreign non-governmental organizations must apply to the Department of Labor, Invalids, and Social Affairs at the local level where the office is located for issuance of a Work Permit in accordance with current Vietnamese laws, except for foreign representatives (including Representative Office Directors, Project Office Directors, or persons authorized by foreign non-governmental organizations to represent activities in Vietnam). The application is free of charge.

Article 21. Seals and Bank Accounts

1. Foreign non-governmental organizations that have registered their operations may register seals in accordance with Vietnamese laws.

2. Foreign non-governmental organizations that have registered their operations may open bank accounts (in foreign currency or Vietnamese dong) at banks established and operating under Vietnamese laws.

3. Foreign representatives and staff of foreign non-governmental organizations that have registered their operations may open bank accounts at banks in accordance with Vietnamese laws.

Article 22. Importation of Goods

The importation into Vietnam of office equipment, transportation means, replacement parts, and personal items necessary for the operational and living needs of representative offices, project offices, or foreign staff of offices shall be carried out in accordance with Vietnamese laws.

Article 23. Personal Income Tax for Foreign Nationals

Personal income tax for foreign representatives, staff, and experts working for foreign non-governmental organizations in Vietnam (at representative offices, project offices, and projects) will be applied according to Vietnamese tax laws.

Chapter IV

RESPONSIBILITIES OF MANAGEMENT AUTHORITIES

Article 24. Responsibilities of the Ministry of Foreign Affairs

As the lead agency managing the activities of foreign non-governmental organizations

1. To take the lead and coordinate with related agencies in drafting and promulgating regulatory legal documents on the activities of foreign non-governmental organizations in Vietnam.

2. To provide advice and propose policies related to the activities of foreign non-governmental organizations in the context of foreign relations.

3. To implement the issuance, extension, amendment, supplementation, and revocation of Registration Certificates for foreign non-governmental organizations in Vietnam.

4. To coordinate with related agencies in the management of the activities of foreign non-governmental organizations.

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

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

The Committee for Foreign Non-Governmental Organizations, established by a Decision of the Prime Minister, assists the Prime Minister in directing and resolving issues related to foreign non-governmental organizations in Vietnam.

1. To coordinate with the Ministry of Foreign Affairs in drafting and submitting to the competent authority for promulgation regulatory legal documents on the activities of foreign non-governmental organizations in Vietnam.

2. To take the lead in the review process for foreign non-governmental organizations through committee member agencies to transfer files to the Ministry of Foreign Affairs for issuance, extension, amendment, supplementation, and revocation of Registration Certificates for foreign non-governmental organizations in Vietnam.

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

4. To take the lead and coordinate with related agencies in handling complaints, accusations, and violations related to the activities of foreign non-governmental organizations in Vietnam.

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

6. To periodically notify ministries, sectors, and localities about foreign non-governmental organizations registered to operate in relevant fields and areas.

7. To disseminate and provide information related to foreign non-governmental organization activities to Vietnamese partner agencies and foreign non-governmental organizations.

8. To perform other tasks assigned by the Government and the Prime Minister in accordance with the law.

Article 26. Responsibilities of agencies with representatives as members of the Committee for Foreign Non-Governmental Organizations

1. Office of the Government:

a) Assist the Government and the Prime Minister in directing state management over the activities of foreign non-governmental organizations in Vietnam.

b) Coordinate with relevant agencies in state management over foreign non-governmental organizations in Vietnam.

2. Ministry of Home Affairs: shall be responsible for issues related to the relationship between domestic non-governmental organizations, associations, and foreign non-governmental organizations.

3. Ministry of Public Security: shall be responsible for issues related to national security and social order in the activities of foreign non-governmental organizations in Vietnam.

4. Ministry of Planning and Investment: shall be responsible for issues related to state management over foreign non-governmental organization aid in Vietnam.

5. Ministry of Finance: shall be responsible for issues related to state financial management over foreign non-governmental organization aid.

6. Government Committee on Religion: shall be responsible for issues related to religion in the activities of foreign non-governmental organizations.

7. Vietnam Union of Friendship Organizations: shall be responsible for issues related to relations and mobilization of foreign non-governmental organization aid; it is the Standing Agency of the Committee for Foreign Non-Governmental Organizations.

Article 27. Responsibilities of Ministries, agencies at the ministerial level, and government agencies

1. Guide, inspect, and supervise the activities of foreign non-governmental organizations operating within their respective sectors and fields under their state management.

2. Summarize the situation of foreign non-governmental organizations directly cooperating with their sector and submit it to the Committee for Foreign Non-Governmental Organizations every six months or upon request for consolidation and reporting to the Prime Minister.

3. Identify a suitable subordinate unit to serve as the focal point in relations and management of foreign non-governmental organizations within the scope of their state management.

Article 28. Responsibilities of People's Committees of provinces and centrally-administered cities

1. Guide, inspect, and supervise the activities of foreign non-governmental organizations operating within the province or centrally-administered city.

2. Coordinate with the Committee for Foreign Non-Governmental Organizations in considering issuance, extension, amendment, supplementation, and revocation of Registration Certificates.

3. Summarize the situation of foreign non-governmental organizations in their jurisdiction and submit it to the Committee for Foreign Non-Governmental Organizations every six months or upon request for consolidation and reporting to the Prime Minister.

4. Identify a suitable subordinate unit to serve as the focal point in relations and management of foreign non-governmental organizations in the locality.

Article 29. Responsibilities of Vietnamese partner agencies

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

2. Guide foreign non-governmental organizations to implement relevant regulations.

3. Report to the competent authority on the cooperation situation with foreign non-governmental organizations directly related to their organization.

Chapter V

IMPLEMENTING PROVISIONS

Article 30. Effective Date

1. This Decree takes effect from June 1, 2012, and abolishes Decision No. 340/TTg dated May 24, 1996, of the Government Chairman regarding the issuance of the Regulations on the Activities of Foreign Non-Governmental Organizations in Vietnam.

2. Foreign non-governmental organizations that have been granted permits to establish representative offices, project offices, and operation licenses in Vietnam according to the Regulations on the Activities of Foreign Non-Governmental Organizations in Vietnam issued together with Decision No. 340/TTg dated May 24, 1996, of the Government Chairman, when they need to register their activities according to the corresponding forms prescribed in this Decree (sequentially being the Registration Certificate for Establishing Representative Offices, Registration Certificate for Establishing Project Offices, and Registration Certificate for Operation), do not need to be reviewed again but must supplement and complete their files in accordance with this Decree within ninety days from the date this Decree takes effect.

Article 31. Awards and Handling of Violations

1. Individuals and non-governmental organizations from foreign countries that make positive and effective contributions to development and humanitarian programs in Vietnam shall be recognized and awarded by the Vietnamese State in accordance with Vietnamese laws.

2. Non-governmental organizations from foreign countries that engage in activities inconsistent with their registered certificates or violate the provisions of this Decree shall, depending on the severity of the violation, have their operations partially suspended or their registration certificates revoked by competent authorities. All violations of Vietnamese laws by non-governmental organizations from foreign countries and their employees in Vietnam shall be handled according to Vietnamese laws.

Article 32. Responsibility for Implementation

1. The Ministry of Foreign Affairs shall coordinate with the Committee for Foreign Non-Governmental Organizations to be responsible for guiding and inspecting the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of central government agencies, Chairpersons of the Committee for Foreign Non-Governmental Organizations, Chairpersons of the Vietnam Association of Friendship Organizations, Chairpersons of provincial and centrally-run city People's Committees, and Heads of central agencies of mass organizations shall be responsible for implementing this Decree./.