Decree No. 136/2024/ND-CP amends and supplements certain Articles of Decree No. 93/2019/ND-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charitable funds. 136/2024/NĐ-CP

✦ Smart summary

This Decree amends and supplements certain Articles of Decree No. 93/2019/ND-CP on the organization and operation of social funds and charitable funds. It specifies provisions regarding establishment, management, financial activities, and the responsibilities of state administrative agencies towards the funds. This Decree takes effect from December 10, 2024.

Scope of application

Organizations and individuals related to the establishment, operation, and management of social funds and charitable funds in Vietnam.

Key points

Amend provisions regarding members of the Management Board of the fund.
Supplement provisions regarding the registration dossier for establishing a fund.
Specify provisions regarding the financial activities of the fund.
Complete provisions regarding the responsibilities of state administrative agencies towards the fund.
Issue and guide model documents applicable to the fund and state administrative agencies.

🌐 Social impact of this document

Strengthen management of the operations of social funds and charitable funds.
Ensure transparency in the use of funds by the fund.
Promote the role of organizations and individuals in social work and charity.

❓ Frequently asked questions

When does this Decree take effect?

This Decree takes effect from December 10, 2024.

Are the old provisions on social funds and charitable funds still applicable after this Decree takes effect?

Circular No. 04/2020/TT-BNV and Circular No. 18/2023/TT-BNV will cease to be effective from the date this new Decree takes effect.

Which agencies are responsible for implementing this Decree?

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and relevant organizations and individuals must be responsible for implementing this Decree.

Full text

THE GOVERNMENT

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

Number: 136/2024/NĐ-CP

Hanoi, October 23, 2024

DECREE
Amending and supplementing certain Articles of Decree No. 93/2019/NĐ-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charitable funds

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Legislative Regulatory Documents dated June 22, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Legislative Regulatory Documents dated June 18, 2020;

Pursuant to the Civil Code on November 24, 2015;

At the request of the Minister of Home Affairs,

The Government promulgates this Decree to amend and supplement certain Articles of Decree No. 93/2019/NĐ-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charitable funds.

Article 1. Amending and supplementing certain Articles of Decree No. 93/2019/NĐ-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charitable funds

1. Amend Article 3 as follows:

"Article 3. Purpose of organization and operation of the fund

The fund shall be organized and operated without profit-making objectives for the purpose of supporting and encouraging the development of culture, education, healthcare, physical education and sports, science and technology, agriculture, rural areas, natural resource protection and environmental conservation, community, charity, and humanitarian activities."

2. Amending Clause 2, Clause 3, Clause 4 and supplementing Clause 7 of Article 4 as follows:

a) Amending Clause 2, Clause 3, Clause 4 as follows:

"2. 'Social Fund': A fund that is organized and operated without profit-making objectives for the purpose of supporting and encouraging the development of culture, education, healthcare, physical education and sports, science and technology, agriculture, rural areas, natural resource protection and environmental conservation, community.

3. 'Charitable Fund': A fund that is organized and operated without profit-making objectives for the purpose of charity and humanitarian activities; supporting the mitigation of disasters caused by natural calamities, fires, epidemics, accidents, and other disadvantaged groups requiring assistance from society.

4. 'Without profit-making objectives': Not having the main goal of seeking profits, if there is profit during the operation process, it will not be distributed but only used for activities according to the fund's charter that has been recognized."

b) Supplementing Clause 7 as follows:

"7. 'Person with family relationship': Includes spouse; father, mother, or father, mother-in-law; children, son-in-law, daughter-in-law; brothers, sisters of the spouse as stipulated by law."

3. Amending Clause 2 and supplementing Clause 4 of Article 7 as follows:

a) Amending Clause 2 as follows:

"2. The name of the fund must meet the following conditions:

a) The fund must have a name in Vietnamese and may be translated into foreign languages in accordance with the provisions of the law and consistent with the purpose, objectives, scope, and main field of activity of the fund;

b) Not overlapping or causing confusion with the name of another legally registered fund;

c) Not violating historical traditions, culture, ethics, and customs of the nation;

d) Not associated with the name of national heroes, cultural celebrities, Party and State leaders, religious and belief officials, founders of the fund, members of the Management Board of the fund, and persons with family relationships with the founders or members of the Management Board of the fund;

đ) Not leading to misunderstanding, conflicts, or potential conflicts of interest between beliefs, religious organizations, and ethnic communities in Vietnam; not contrary to the provisions of international treaties, agreements, conventions, and covenants to which Vietnam is a party or member; not affecting the national interests of Vietnam."

b) Supplement Clause 4 as follows:

"4. The symbol of the fund must not overlap or cause confusion with the symbol of another legally registered fund, not violate historical traditions, culture, ethics, and customs of the nation, not lead to misunderstanding, conflicts, or potential conflicts of interest between beliefs, religious organizations, and ethnic communities in Vietnam; not contrary to the provisions of international treaties, agreements, conventions, and covenants to which Vietnam is a party or member, not affecting the national interests of Vietnam.

The symbol of the fund must be registered with the competent state agency in accordance with the law on intellectual property rights."

4. Amending Point c Clause 1, Point a, Point i Clause 2 and supplementing Point m, n Clause 2 of Article 8 as follows:

a) Amending point c clause 1 as follows:

"c) Establishing and managing affiliated organizations with legal personality under the fund in accordance with the law and the fund's charter to carry out tasks consistent with the fund's mission, purpose, and field of activity;"

b) Amending Point a, Point i Clause 2 as follows:

"a) The fund must operate under the management of the state agency responsible for the relevant sector or field. The fund implements financial support and assistance within the scope of its charter, except when the fund participates in providing financial support and assistance to the people affected by natural disasters, epidemics, fires, serious accidents, and emergencies in accordance with the law;

i) Annually, the fund must report on its organizational structure, operations, and finances; audit reports (if any) on the management and use of assets and finances to the competent state agency specified in Article 18 of this Decree, the financial management agency at the same level as the competent state agency specified in Article 18 of this Decree, the management agency of the sector or field in which the fund operates, and report to the People's Committee of the province where the fund is headquartered before March 31;"

c) Supplementing Point m, n Clause 2 as follows:

"m) The fund is fully responsible for the organization, operation, and management of affiliated organizations with legal personality under the fund in accordance with the law and the fund's charter; reporting to the competent state agency specified in Article 18 of this Decree on the establishment and operation of affiliated legal entities;

n) When the fund and affiliated legal entities under the fund implement cooperation agreements and service contracts, they must ensure compliance with the Civil Code, related laws, and be consistent with the fund's mission, purpose, scope, and field of activity, and the fund's charter. The fund must comply with the regulations on organizing and holding international conferences and seminars; receiving, managing, and using foreign aid."

5. Amending Point đ Clause 1 and Clause 2 of Article 11 as follows:

a) Amending Point đ Clause 1 as follows:

"đ) If the founder of the fund is a cadre, civil servant, or public official, they must obtain written approval from the competent authority in charge of cadre management at the appropriate level before submitting the application to the competent state agency specified in Article 18 of this Decree."

b) Amend Clause 2 as follows:

"2. The Founding Board of the fund must have at least three founders who are not related by family ties, including: Chairman, Vice-Chairman, and member."

6. Amending Point d Clause 2 of Article 15 as follows:

"d) Personal curriculum vitae (according to the model attached to this Decree) and Certificate of Judicial Record No. 01 issued by the competent authority for the founders establishing the fund not more than six months from the date of submission of the application file and the file as prescribed in Article 11, Article 12, or Article 13 of this Decree; in cases where the founder is as prescribed in Point d Clause 1 Article 11 of this Decree, Certificate of Judicial Record No. 01 is not required."

7. Amend Clause 2 Article 17 as follows:

"2. Within the latest sixty days from the date of receiving complete valid files and opinions of relevant agencies on issuing the license for establishment and recognition of the fund's charter, the state agency with the competence prescribed in Article 18 of this Decree shall be responsible for issuing the license for establishment and recognition of the fund's charter; if not issuing, it must provide a written response stating the reasons."

8. Amend and supplement Article 18 as follows:

"Article 18. Competence to handle procedures related to funds

1. The Minister of Home Affairs has the authority to issue licenses for establishment and recognition of charters; permit mergers, consolidations, divisions, splits, dissolutions, name changes of funds; suspend operations temporarily; permit funds to resume operations after temporary suspension; recognize funds as meeting operational conditions; recognize members of the Management Board of funds; reissue establishment licenses; recognize amendments and supplements to charters; expand scope of operations; revoke establishment licenses, for:

a) Funds with nationwide or inter-provincial scope of operation;

b) Funds established and operated within the province with foreign organizations and individuals contributing assets together with Vietnamese citizens and organizations.

2. The Chairman of the People's Committee at provincial level has the authority to issue licenses for establishment and recognition of charters; permit mergers, consolidations, divisions, splits, dissolutions, name changes; suspend operations temporarily; permit funds to resume operations after temporary suspension; expand scope of operations of funds; recognize funds as meeting operational conditions; recognize members of the Management Board of funds; reissue establishment licenses; recognize amendments and supplements to charters; revoke establishment licenses:

a) Funds operating within the provincial level;

b) Funds established and operated within the district or commune level with foreign organizations and individuals contributing assets together with Vietnamese citizens and organizations.

3. The Chairman of the People's Committee at district level has the authority to issue licenses for establishment and recognition of charters; permit mergers, consolidations, divisions, splits, dissolutions, name changes; suspend operations temporarily; permit funds to resume operations after temporary suspension; expand scope of operations of funds; recognize funds as meeting operational conditions; recognize members of the Management Board of funds; reissue establishment licenses; recognize amendments and supplements to charters; revoke establishment licenses for funds operating within the district or commune level; except in cases where funds are established with foreign organizations and individuals contributing assets.

4. Acceptance of files for handling procedures related to funds shall be conducted in person, through the postal service system, or online on the National Public Service Portal, or the public service portal of the state agency with the competence prescribed in Article 18 of this Decree."

9. Amend Clause 1 and Clause 2 Article 19 as follows:

"1. After being issued the license for establishment and recognition of the fund's charter but the fund does not comply with the provisions of Clause 4 Article 14 of this Decree, the license for establishment and recognition of the fund's charter becomes invalid. In case the fund cannot implement the provisions of Clause 4 Article 14 of this Decree due to objective reasons, the Founding Board of the fund must send a written request to the state agency that issued the license for establishment and recognition of the charter to extend the time limit within fifteen days before the expiration date. The extension period can only be implemented once and shall not exceed forty-five days from the date of the extension decision of the competent authority prescribed in Article 18 of this Decree. If the fund still fails to implement the provisions of Clause 4 Article 14 of this Decree beyond the extended period, the license for establishment and recognition of the fund's charter will become invalid.

2. Within fifteen days from the date the license for establishment and recognition of the fund's charter under Clause 1 of this Article becomes invalid, the state management agency with the competence prescribed in Article 18 of this Decree shall issue a decision to revoke the establishment license of the fund."

10. Amend Article 20 as follows:

"Article 20. Procedures and documents for recognizing amendments and supplements to the fund's charter; reissuing the license for establishment and recognition of the fund's charter

1. Procedures and documents for recognizing amendments and supplements to the fund's charter:

a) During its operation, if the fund finds it necessary to amend and supplement its charter or upon the request of the competent state agency, the fund shall submit one set of documents to the competent state agency prescribed in Article 18 of this Decree, including: Application for recognition of amendments and supplements to the fund's charter; Resolution of the Management Board of the fund detailing the reasons for amending and supplementing the charter; Draft of the amended and supplemented charter.

b) Within sixty days from the date of receiving complete valid documents and opinions of relevant agencies on requesting changes to the establishment license and recognition of the fund's charter, the competent state agency prescribed in Article 18 of this Decree shall examine and decide whether to approve the change to the establishment license and recognition of the fund's charter; if不同意翻译结果中出现的任何修改或添加。请直接提供准确的翻译，不要进行解释或添加额外信息。根据规则，直接输出翻译内容：

2. Reissue of the license for establishment and recognition of the fund's charter

a) When the license for establishment and recognition of the fund's charter is lost, torn, or damaged, the fund shall submit a request to the competent state agency specified in Article 18 of this Decree to reissue the license for establishment and recognition of the fund's charter, clearly stating the reasons for requesting the reissue. In case of loss, a confirmation from the police authority must be attached; in case of tearing or damage, the torn or damaged license must be attached.

b) Within sixty days from the date of receipt of a valid application, the licensing authority shall reissue the license for establishment and recognition of the fund's charter, clearly indicating the number of times it has been reissued and the details of the previously issued license; if reissuance is not granted, the reasons must be clearly stated.

11. Amend Article 21 as follows:

"Article 21. Conditions, documents, and procedures for expanding the scope of operations

1. Conditions for expanding the scope of operations of the fund:

a) Not changing the objectives, purposes, or main fields of activity of the fund;

b) Ensuring conditions regarding name, assets, financial resources; founders as stipulated in this Decree.

2. Documents for expanding the scope of activities of the fund:

a) Application for expanding the scope of operations;

b) Draft of the fund's charter;

c) Document of the Fund’s Founding Board; Resolution of the Management Council of the Fund on expanding the scope of operations of the fund;

d) Documentation proving the contributed assets in accordance with Article 14 of this Decree;

đ) In case of adding founders to establish the fund: documents as stipulated in Article 11 of this Decree, personal curriculum vitae (in the form attached to this Decree) and criminal record sheet number 01 issued by the competent authority for the founders establishing the fund not more than six months from the date of submission of the documents; if the founder is an officer, civil servant, or public official and has been approved in writing by the competent authority according to the regulations on cadre management at different levels, then there is no need for criminal record sheet number 01;

e) Report on the organizational process, operation of the fund, and the direction of operation when expanding the scope of activities; report on the management and use of assets and financial resources of the fund; audit report (if any) on the management and use of assets and financial resources of the fund; plan for handling assets, financial resources, and labor when expanding the scope of activities of the fund.

3. Within sixty days from the date of receiving complete valid documents and opinions of relevant agencies on expanding the scope of activities of the fund, the state agency authorized under Article 18 of this Decree shall issue a license for establishment and recognize the charter of the fund, if it refuses, it must clearly state the reasons.

4. After the fund is permitted by the state agency authorized under Article 18 of this Decree to expand its scope of activities, it must announce the expansion of the scope of activities of the fund, recognize that the fund meets the conditions for operation, and recognize the members of the Management Board of the fund in accordance with Articles 22 and 25 of this Decree.

12. Amend Point b Clause 2, Clause 4 and supplement Clause 5 of Article 25 as follows:

a) Amend Point b Clause 2, Clause 4 as follows:

"b) List, address, contact phone number, personal curriculum vitae (in the form attached to this Decree) and criminal record sheet number 01 issued by the competent authority for each member of the Management Board of the fund not more than six months from the date of submission of the documents. If the member of the Management Board of the fund is an officer, civil servant, or public official, and has been retired, and the competent authority agrees to introduce them for election as Chairman of the Management Board of the fund according to the regulations on cadre management at different levels, then there is no need for criminal record sheet number 01.

For foreign members of the Management Board of the fund, they must provide a personal curriculum vitae confirmed by the competent authority of their country of nationality, which has been translated and legalized.

4. During the course of operation, if there is a change or addition to the members of the Management Board of the fund or the term of the Management Board of the fund expires, the fund shall submit a document and application to the state agency authorized under Article 18 of this Decree to recognize the members of the Management Board of the fund, including:

a) A document clearly stating the reasons for changing or adding members of the Management Board of the Fund or recognizing the next term of the Management Board of the Fund;

b) Documents as stipulated in Point b Clause 2 of Article 25 of this Decree;

c) Documents electing members of the Management Board of the Fund; documents electing the position of Chairman and Deputy Chairman of the Management Board of the Fund;

d) In case of recognizing the next term of the Management Board of the fund: a letter from the Founding Committee nominating the Management Board of the fund, if the founders do not nominate, then there is a letter from the previous term's Management Board electing the next term's Management Board; a summary report on the organization and operation of the fund during the term; a report on the management and use of assets and financial resources of the fund during the term and an audit report (if any) on the management and use of assets and financial resources of the fund during the term according to the law.

b) Add Clause 5 as follows:

"5. Within sixty days from the date of receiving complete valid documents and opinions of relevant agencies on recognizing the Management Board of the fund, the state agency authorized under Article 18 of this Decree shall issue a decision recognizing the members of the Management Board of the fund due to changes or additions or recognizing the next term of the Management Board of the fund; if it does not agree, it must provide a written response and clearly state the reasons.

13. Amend Clause 1 of Article 26 as follows:

"1. The Management Board of the fund is the management body of the fund, acting on behalf of the fund to decide and implement the rights and obligations of the fund; members must have full capacity for civil acts and no criminal record. The Management Board of the fund must have a minimum of three members including: Chairperson, Vice-Chairpersons, and members who are not related by family ties, among whom at least 51% of the members are Vietnamese citizens. The term of the Management Board of the fund is determined by the fund's charter but shall not exceed five years, calculated from the date of the decision recognizing the Management Board of the fund by the state agency authorized under Article 18 of this Decree.

The Management Board of the fund is nominated by the Founding Committee, if there is no nomination by the Founding Committee, the previous term's Management Board elects the next term's Management Board. At least ninety days before the end of the term, the fund must complete the documents and procedures to recognize a legitimate Management Board and submit them to the state agency authorized under Article 18 of this Decree for recognition. The previous term's Management Board shall manage the operations of the fund until the decision recognizing the next term's Management Board is made.

14. Supplement Clause 3 of Article 33 as follows:

"3. Within thirty days from the date the fund establishes a legal entity as prescribed, the fund shall submit a report to the state agency authorized under Article 18 of this Decree. The report includes the following documents:

a) Decision on establishing a legal entity (original) and a copy of the Operating License;

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

15. Amend Clause 3 of Article 36 as follows:

"3. The acceptance and use of non-reimbursable aid not included in official development assistance provided by foreign agencies, organizations, and individuals for the fund shall be carried out in accordance with the laws on the management and use of non-reimbursable aid funds.

16. Amend Clause 2 of Article 37 as follows:

"2. Budget for managing the fund's operations:

a) The Management Board of the Fund shall specify in detail the proportion of expenditure for fund management activities from the Fund's assets and financial resources, but not exceeding 10% of the total expenditure in the year of the Fund to sponsor and support programs and projects in accordance with the Fund's charter and legal regulations (excluding: In-kind sponsorship, state sponsorship for public services, scientific research topics, target programs, projects commissioned by the state, and sponsorships with specified amounts and recipients).

b) In the case where the management costs of the Fund at the end of the year are not fully utilized, they may be carried over to the next year for continued use in accordance with the regulations."

17. Supplement Clause 5 of Article 39 as follows:

"5. Splitting, merging, consolidating, amalgamating, and dissolving the Fund when there is a change in administrative boundaries:

a) When the Fund operates within the scope of a province, district, commune and there is a change in administrative boundaries due to splitting, merging, or consolidation, the Management Board of the Fund shall consider and decide on splitting, merging, consolidating, amalgamating, and dissolving the Fund in accordance with the new administrative unit, and submit the relevant documents to the competent state agency of the new administrative unit in accordance with Clause 2 and Clause 3 of Article 18 of this Decree. The documents shall comply with the provisions of Clause 3 of Article 39 of this Decree;

b) Within sixty days from the date of receiving valid documents and opinions of related agencies, the competent state agency of the new administrative unit in accordance with Clause 2 and Clause 3 of Article 18 of this Decree shall examine and decide on allowing the splitting, merging, consolidating, amalgamating, and dissolving of the Fund."

18. Amend Point b, đ, h and supplement Point i of Clause 1 of Article 40 as follows:

a) Amend Points b, c, h of Clause 1 as follows:

"b) Violating the State’s regulations on asset and financial management; managing and using foreign aid or violating other laws as proposed by the competent state agency.

đ) Not operating continuously for one year; not having any sponsorship or support activities according to the Fund’s charter for one year.

h) Violating one of the following cases: failing to fulfill obligations under Points a, b, c, d, đ, e, g, l, m of Clause 2 of Article 8 of this Decree, Clause 1 of Article 26, and Clause 1 of Article 49 of this Decree."

b) Supplement Point i of Clause 1 as follows:

"i) Reporting incomplete or systematically distorted information related to the operation of the Fund (including organizations with legal personality under the Fund)."

19. Supplement Article 44a as follows:

"Article 44a. Handling of violations

Any person who violates the establishment of a Fund, uses the name of the Fund to organize and operate contrary to the law; abuses their position and power to establish a Fund and manage its organization and operations contrary to the provisions of this Decree shall be subject to disciplinary action, administrative penalties, or criminal liability追究刑事责任，根据法律规定；如果造成物质损失，则必须依法赔偿。"

20. Amend and supplement Article 45 as follows:

"Article 45. Responsibilities of the Ministry of Home Affairs

1. Drafting, submitting for approval, or promulgating normative legal documents on funds.

2. Promote, disseminate, and guide ministries, sectors, localities, funds, and organizations and citizens to implement laws on funds.

3. Exercise authority as prescribed in Clause 1 of Article 18 of this Decree; seek written opinions from related ministries and sectors regarding the organization and operation of funds when handling procedures concerning funds within the authority of the Minister of Home Affairs.

4. Take the lead and coordinate with ministries and ministerial-level agencies to manage state administration over the organization and operation of funds.

5. Train and guide business skills for civil servants working in state administration management of funds and personnel working at funds.

6. Inspect and check compliance with laws on funds and the implementation of the fund's charter according to the functions and tasks of the Ministry of Home Affairs; except for contents within the functions, tasks, and state management authorities of ministries and ministerial-level agencies and the activities of organizations with legal personality under the fund.

7. Reward or propose rewards to the competent authority for funds, organizations, and individuals with achievements in fund activities according to the law.

8. Handle complaints, accusations, and violations related to administrative decisions of the Ministry and the official duties of civil servants in organizations under the Ministry according to the law on complaints and accusations.

9. Approve grants, monitor, and supervise the receipt, management, and use of grants by funds established and recognized by the Ministry of Home Affairs according to the law.

10. Summarize the situation of organization, operation, and management of funds and report to the Prime Minister.

11. Build, operate, and manage a database on funds; update the national or inter-provincial fund activity database.

12. Perform other tasks as prescribed by law."

21. Amend and supplement Clause 2 of Article 46 as follows:

"2. The Ministry of Finance shall conduct inspections, audits, handle complaints, accusations, and violations related to financial management of budgetary support funds (if any) as stipulated in Clause 3 of Article 35 of this Decree; compliance with tax laws and accounting regulations."

22. Amend and supplement Article 47 as follows:

"Article 47. Responsibilities of ministries and ministerial-level agencies towards funds operating in their respective fields

1. Bear responsibility for state management of funds in areas under the state management of ministries and ministerial-level agencies as prescribed by law. Organize the solicitation of opinions from funds to improve state management regulations in industries and fields.

2. Participate in providing written opinions on matters related to the state management of ministries and ministerial-level agencies with competent state agencies when handling fund-related procedures.

3. Guide and create conditions for funds to participate in activities in industries and fields under the state management of ministries and sectors; issue registration certificates or licenses for legal entities directly under the fund (if any) and strictly manage these organizations in accordance with the law.

4. Seek opinions from the Ministry of Home Affairs and competent state management agencies before issuing registration certificates or licenses for legal entities directly under the fund in accordance with the law.

5. Award or propose to competent authorities to award commendations to funds, organizations, and individuals who have achieved results in fund activities related to the fields under the management of ministries and ministerial-level agencies, in accordance with the provisions of the law.

6. Inspect and supervise the activities of funds within the scope of state management, including legal entities directly under the funds licensed to operate by ministries and ministerial-level agencies; handle, suspend, revoke certificates of registration for operation or licenses for operation of such legal entities under the funds, or recommend to competent state authorities to address violations (if any) in accordance with the provisions of the law.

7. Resolve complaints and grievances and handle violations related to administrative decisions of ministries and ministerial-level agencies and public service activities of civil servants of units under ministries and ministerial-level agencies related to funds, in accordance with the provisions of the law on complaints and grievances.

8. Annually compile and report to the Ministry of Home Affairs on the operational situation of funds under specialized management in the main field of fund activity.

9. Coordinate in building, operating databases on funds operating nationwide or across provinces.

10. Perform other tasks as prescribed by law.

23. Amend and supplement Article 48 as follows:

"Article 48. Responsibilities of the People's Committee of the province

1. Promote, disseminate, and guide departments, sectors, People's Committees of districts and communes, funds, and organizations and citizens in the locality to implement laws on funds.

2. Manage, inspect, and supervise compliance with laws on funds and fund charters, organization, and activities of funds operating within the province, and recommend handling of violations (if any) concerning branches and representative offices of funds operating nationwide or across provinces located in the locality.

3. Direct departments, agencies, People's Committees of districts and communes in managing funds.

4. Train and guide business skills for civil servants engaged in state management of funds at the local level and personnel working at funds.

5. Reward or propose competent authorities to reward funds, organizations, and individuals who have achievements in fund operations at the local level in accordance with the law.

6. Specify, guide, and create conditions to support fund operations at the local level.

7. Resolve complaints and grievances and handle violations related to administrative decisions of the People's Committee of the province and public service activities of civil servants of units under the People's Committee of the province related to funds, in accordance with the provisions of the law.

8. Annually compile and report to the Ministry of Home Affairs on the organizational structure, operations, and management of funds operating within the province, district, commune, including the activities of branches and representative offices of funds operating nationwide or across provinces located in the locality.

9. Inspect and supervise compliance with accounting regulations; inspect financial activities, assets, resolve complaints and grievances, and handle violations regarding assets, finance, and accounting of funds operating within the province.

10. Update databases of associations according to management levels; coordinate in building, operating, and managing databases of associations operating within the province, district, commune.

11. The Chairman of the People's Committee of the province shall exercise authority as stipulated in Clause 2, Article 18 of this Decree.

12. Perform other tasks as prescribed by law."

24. Supplement Article 48a as follows:

"Article 48a. Responsibilities of the People's Committee of the district

1. Manage, inspect, and supervise compliance with laws on funds and fund charters operating within the district and commune.

2. Inspect financial activities, assets, resolve complaints and grievances, and handle violations regarding assets, finance, and accounting of funds operating within the district and commune.

3. Awarding or proposing competent authorities to award funds, organizations, and individuals who have achieved outstanding results according to the provisions of the law.

4. Resolve complaints and grievances and handle violations related to administrative decisions and public service activities of civil servants at organizations under the People's Committee of the district and commune, in accordance with the provisions of the law.

5. Annually compile and report to the People's Committee of the province on the organizational structure, operations, and management of funds operating within the district and commune.

6. Update databases of funds according to management levels and coordinate in building, operating, and managing databases of funds operating within the district and commune.

7. The Chairman of the People's Committee of the district shall exercise authority as stipulated in Clause 3, Article 18 of this Decree.

8. Perform other tasks as prescribed by law."

Article 2. Supplement, replace, and remove certain words and phrases as follows of Decree No. 93/2019/NĐ-CP dated November 25, 2019 of the Government on social funds and charitable funds.

1. Add the word "district" after the phrase "Chairman of the People's Committee of the province" in Clause 1, Article 22, Point d, Clause 3, and Point b, Clause 5, Article 41.

2. Replace the following phrases: "30 working days" with "60 days" in Clause 3, Article 20, Clause 3, Article 25, Point b, Clause 2, Article 39; "15 working days" with "60 days" in Point c, Clause 4, Article 39, Clause 2 and Clause 4, Article 40, Points a and b, Clause 5, Article 41; "suspended" with "suspended for a limited period" in Clause 5, Article 40; "Head of the Inspection Board" with "Head of the Supervisory Board" in Point c, Clause 3, Article 41; "person responsible for accounting" with "Chief Accountant" in Point d, Clause 3, Article 26, Article 29, Point 3, Clause 41; "level" with "support" in Clause 3, Article 35.

3. Remove the following phrases: "borrowing" in Point b, Clause 3, Article 26; "not meeting the disbursement level prescribed in this Decree" in Point b, Clause 4, Article 41.

Article 3. Issue and guide various types of document templates.

1. List of sample documents:

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

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

2. Format and technical presentation of documents according to the legal provisions on archival work.

Article 4. Implementation provisions

1. This Decree shall take effect from December 10, 2024.

2. Transitional Provisions

a) In cases where the charter of the fund has been recognized by the competent state management agency before the effective date of this Decree, upon the expiration of the term of the Management Board as stipulated in the charter, the fund shall amend and supplement the charter and submit it to the competent state management agency for recognition according to Decree No. 93/2019/NĐ-CP and this Decree.

b) In cases where the Management Board of the fund includes members who have family relationships and such composition has been recognized by the competent state management agency before the effective date of this Decree, they may continue their activities until the end of their term.

3. Circular No. 04/2020/TT-BNV dated October 13, 2020 of the Minister of Home Affairs detailing and guiding the implementation of certain provisions of Decree No. 93/2019/NĐ-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charitable funds; Circular No. 18/2023/TT-BNV dated December 8, 2023 of the Minister of Home Affairs abolishing part of Circular No. 04/2020/TT-BNV dated October 13, 2020 of the Minister of Home Affairs detailing and guiding the implementation of certain provisions of Decree No. 93/2019/NĐ-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charitable funds shall cease to be effective from the date this Decree takes effect.

4. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial People's Committees, municipal People's Committees directly under the central government, and related organizations and individuals are responsible for implementing this Decree.

Place of receipt:

- Central Party Committee Secretariat;

- Prime Minister, Deputy Prime Ministers;

- Ministries, ministerial-level agencies, government-affiliated agencies;

- People's Councils, People's Committees of provinces and centrally-administered cities;

- Central Party Office and Party Committees;

- General Secretary's Office;

- President's Office;

- Ethnic Council and Committees of the National Assembly;

- National Assembly's Office;

- Supreme People's Court;

- Supreme People's Procuracy;

- State Audit Office;

- National Financial Supervisory Commission;

- Social Policy Bank;

- Vietnam Development Bank;

- Central Committee of the Vietnam Fatherland Front;

- Central agencies of mass organizations;

- VPCP: Deputy Prime Minister, Deputy Chief Cabinet, Assistant Prime Minister, Director General of the Government Portal, all Departments, Bureaus, units under direct jurisdiction, Official Gazette;

- To be filed: Archives, Administrative Affairs (2)

PRIME MINISTER

DEPUTY PRIME MINISTER

(Signed)

Nguyen Hoa Binh

Appendix I
LIST OF DOCUMENT TEMPLATES APPLICABLE TO INDIVIDUALS AND ORGANIZATIONS RELATED
(Attached to Decree No. 136/2024/NĐ-CP)
THE GOVERNMENT

Form No. 01	Application for license issuance and recognition of the Fund Charter
Form No. 02	Model Charter of Social Fund
Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives	Model Charter of Charity Fund
Form number 04	Asset Contribution Commitment to Establish the Fund
Form number 05	Minutes on Electing Positions of the Founding Board of the Fund
Form number 06	Document Requesting Extension of Time for Transfer of Ownership of Contributed Assets to Establish the Fund
Form No. 07	Application for Recognition of the Charter (Amendment, Supplement) of the Fund
Form No. 08	Application for Issuance of Permit to Establish and Recognize the Charter of the Fund Based on Expanding Scope of Operation
Form No. 09	Notice of Establishment of Branch (or Representative Office) of the Fund
Form No. 10	Notice of Establishment of Branch (or Representative Office) of the Fund
Form No. 11	Application for Changing the Name of the Fund and Recognition of the Fund's Charter
Form No. 12	Application for Splitting the Fund
Model Number 13	Application for Dividing the Fund
Model No. 14	Application for Merger of Funds
Model Number 15	Application for Consolidation of Funds
Model Number 16	Application for Resuming Operations of the Fund
Model Number 17	Report on the Fund Having Rectified Violations
Model Number 18	Report on Organization, Activities, and Assets, Financial Status of the Fund
Model Number 19	Personal Curriculum Vitae

Form No. 01. Application for Issuance of Permit to Establish and Recognize the Charter of the Fund

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

PETITION FOR APPLICATION

Issuing Permit to Establish and Recognize the Charter of the Fund ……¹…….

Respectfully submitted to: ...²…

Founding Board of the Fund …¹… respectfully requests …²… to consider and decide to issue the Permit to Establish and Recognize the Charter of the Fund …¹… as follows:

1. The necessity and legal basis for establishing the Fund

a) The necessity

………………………………………³……………………………………..

b) Legal basis for establishing the Fund

………………………………………⁴……………………………………..

2. Assets contributed by founding members to establish the Fund

………………………………………⁵……………………………………..

3. Projected direction of activities during the first five-year term of the Fund

………………………………………⁶……………………………………..

4. Documents attached with this Application include:

………………………………………⁷……………………………………..

Contact information (in case of authorized person by the Head of the Founding Board, attach power of attorney):

Name:

……………………………………………………………………………..

Contact address:

……………………………………………………………………………..

Telephone number:

……………………………………………………………………………..

Request …²… to consider and decide to issue the Permit to Establish and Recognize the Charter of the Fund …¹.......

Place of Receipt:
- As above;
- To be kept: ………

….⁸ ... day ... month ... year 20...
SEAL OF THE FOUNDING BOARD
CHAIRMAN
(Signature)

Full Name

Note:

¹ Proposed name of the Fund to be established: Vietnamese name, foreign language name, and abbreviation (if any).

² Authority having jurisdiction to permit establishment of the Fund.

³ Summarize the current situation in the field where the proposed Fund will operate, the necessity of establishing the Fund, the purpose and objectives of the Fund; experience or work of the founding members related to the field where the proposed Fund will operate.

⁴ Party policy; state policies and laws directly related to the field where the proposed Fund will operate.

⁵ Assets contributed to establish the Fund include Vietnamese dong and assets convertible into Vietnamese dong according to Article 14 of Decree No. 93/2019/ND-CP.

⁶ Projected direction of activities of the Fund: organizational structure; implementation plans for the Fund's activities annually and over the first five years; development and issuance of implementing documents based on the Fund's charter.

⁷ Ensure compliance with the provisions of Article 15 of Decree No. 93/2019/ND-CP (specifically, the confirmation document of the Fund's headquarters includes lease contracts, loan agreements, and other documents as prescribed by law).

⁸ Place name.

Form No. 02. Model Charter of Social Fund (*)

……¹…….
-------

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

CHARTER (OR AMENDED AND SUPPLEMENTED CHARTER) OF THE FUND ……²……

(Recognized along with Decision No. ... dated ... day ... month ... year ... of ...)

PART I

GENERAL PROVISIONS

Article 1. Name, Emblem, Headquarters

1. Name:

a) Vietnamese name: …;

b) Foreign language name (if any) …;

c) Abbreviation (if any): …

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

3. Headquarters: house number, street, city (if any) …, commune, ward …, district, county …, province, city.

4. Telephone number: …, fax number: …, email: …, website (if any): …

Article 2. Aims and Objectives

The Fund …..²… (hereinafter referred to as the Fund) is a non-profit social fund operating with the purpose …..³......

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

1. The Fund is formed from initial assets contributed by founding members and grows through fundraising and donations from organizations and individuals both domestically and internationally as stipulated by law to carry out activities in accordance with the Fund's purpose and objectives.

2. The Fund operates under the following principles:

a) Established and operated without profit-making objectives;

b) Voluntary, autonomous, self-financed, and legally responsible for the Fund's actions using its own assets;

c) Organized and operated in accordance with laws and the recognized Fund Charter, subject to state management by …..⁴… regarding the industry or sector in which the Fund operates;

d) Transparency in organization, operations, and financial inflows and outflows, asset management of the Fund;

e) No division of Fund assets while the Fund is operational.

3. The Fund has a scope of operation …..⁵......

4. The Fund has legal personality, seal, and bank account as prescribed by law.

Article 4. Founders establish the Fund .....⁶.....

Chapter II

FUNCTIONS, DUTIES; RIGHTS AND OBLIGATIONS

Article 5. Functions and duties

1. Using the Fund's assets to support and sponsor individuals, programs, and projects that align with the Fund's objectives, purposes, scope of activities, and legal regulations.

2. Receiving and managing assets sponsored or donated by organizations and individuals both domestically and internationally under authorization to carry out activities according to the terms of the authorization agreement, consistent with the Fund's objectives, purposes, and legal regulations.

3. Receiving assets from domestic and international organizations and individuals through sponsorship, donation, gift, or other forms as prescribed by law to preserve and increase the Fund's assets.

Article 6. Rights and obligations

(Based on the provisions of Article 8 of the Decree 93/2019/ND-CP and relevant legal regulations and the objectives and purposes of the Fund, to specify concretely and appropriately).

Chapter III

ORGANIZATION AND OPERATIONS

组织结构（第1-13条）

1. Management Board of the Fund.

2. The Fund’s Supervisory Board.

3. Office and specialized departments.

4. Representative office or branch and subordinate units (if any).

Article 8. Management Board of the Fund

1. The Management Board is the management body of the Fund, acting on behalf of the Fund to decide and perform the rights and obligations of the Fund; members must have full civil capacity and no criminal record. The Management Board shall consist of at least three members including the Chairman, Vice Chairmen, and other members, none of whom can be related by family ties, with at least 51% being Vietnamese citizens. The term of the Management Board is stipulated in the Charter but not exceeding five years, starting from the date of the decision recognizing its legitimacy by the competent state agency as provided for in Article 18 of the Decree. 93/2019/ND-CP.

The Management Board is nominated by the founding board; if there is no nomination by the founding board, the previous term's Management Board will elect the next term's Management Board. At least 90 days before the end of the term, the Fund must complete the recognition procedures for the legitimate Management Board and submit them to the competent state agency. The previous term's Management Board will manage the Fund's operations until the decision recognizing the next term's Management Board is made.

2. The Management Board has the following tasks and powers:

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

b) Decide on development solutions for the Fund; approve contracts for purchasing or selling assets valued at ... Vietnamese dong or more;

c) Elect, appoint, and dismiss the Chairman, Vice Chairmen, and members of the Management Board for recognition by the competent state agency; decide on establishing the Supervisory Board; appoint, dismiss, and remove the Director of the Fund or terminate the employment contract with the Director when the Director is hired by the Fund; appoint the Chief Accountant and other managers as stipulated in the Fund's Charter;

d) Decide on salaries, benefits, and other policies (if any) for the Chairman, Vice Chairmen, members of the Management Board, the Director, the Chief Accountant, and employees working at the Fund as stipulated in the Fund's Charter and legal regulations;

đ) Approve the annual financial report and plans for the use of assets and finances of the fund;

e) Decide on the organizational structure of the Fund in accordance with legal regulations and the Fund's Charter;

g) Decide on establishing affiliated legal entities of the Fund in accordance with legal regulations and the Fund's Charter; establish branches and representative offices of the Fund as stipulated in Article 32 of Decree 93/2019/NĐ-CP;

h) Change the name; amend and supplement the Fund's Charter;

i) Decide on dissolution, division, separation, merger, and consolidation;

k) Within sixty days from the date of the Decision recognizing the Fund as meeting the conditions for operation and recognizing the Management Board, the Management Board is responsible for drafting and promulgating: regulations on the management and use of assets, finance, and expenditure standards of the Fund; regulations on commendation, disciplinary actions, and handling complaints, appeals, and denunciations within the Fund; regulations on working hours, labor utilization, and stamp usage of the Fund; detailed regulations on electing, appointing, dismissing, and removing the Chairman, Vice Chairmen, and members of the Management Board; detailed regulations on appointing, dismissing, and removing the Director or terminating the employment contract with the Director of the Fund and the Working Regulations of the Management Board and the Supervisory Board; internal regulations in compliance with the Fund's Charter and legal regulations.

l) Other tasks and powers as prescribed by Decree number 93/2019/ND-CP and the Fund's Charter.

3. Principles of operation of the Management Board:

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

b) Each member of the Management Board has one voting right. In cases where the number of members present at the meeting is insufficient, the chairperson of the Management Board meeting solicits opinions in writing, and the written opinion of absent members is considered equivalent to the opinion of present members;

c) Decisions of the Management Board are adopted when ... members of the Management Board vote in favor.

Article 9. Chairman of the Management Board of the Fund

1. The Chairman of the Management Board of the Fund shall be a Vietnamese citizen elected by the Management Board of the Fund and shall be the legal representative of the Fund. The Chairman of the Management Board of the Fund may concurrently hold the position of Director of the Fund.

2. The Chairman of the Management Board of the Fund shall have the following duties and powers:

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

b) Prepare or organize the preparation of agendas, contents, and documents for meetings of the Management Board of the Fund or to solicit opinions from members of the Management Board of the Fund;

c) Convene and preside over meetings of the Management Board of the Fund or organize the solicitation of opinions from members of the Management Board of the Fund;

d) Supervise or organize the supervision of the implementation of decisions of the Management Board of the Fund;

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

e) Other rights and duties as prescribed by Decree No. 93/2019/ND-CP and the Fund's Charter.

3. The term of office of the Chairman of the Management Board of the Fund shall not exceed five years. The Chairman of the Management Board of the Fund may be re-elected for unlimited terms.

4. In case the Chairman of the Management Board of the Fund concurrently holds the position of Director of the Fund, this must be clearly stated in the transaction documents of the Fund.

5. In case of absence, the Chairman of the Management Board of the Fund shall delegate in writing to the Vice-Chairman of the Management Board of the Fund to perform the rights and duties of the Chairman of the Management Board of the Fund according to the provisions of the Fund's Charter.

Article 10. Deputy Chairman of the Management Board of the Fund

1. The Deputy Chairman of the Management Board of the Fund shall be elected by the Management Board of the Fund and shall have a term of office concurrent with that of the Management Board of the Fund.

2. The Deputy Chairman of the Management Board of the Fund shall assist the Chairman of the Management Board of the Fund in managing the operations of the Fund according to the division of labor by the Management Board of the Fund and shall carry out tasks according to the delegation of the Chairman of the Management Board of the Fund.

Article 11. Director of the Fund

(Based on the provisions of Article 28 of the Decree 93/2019/ND-CP to provide specific regulations)

Article 12. Chief Accountant of the Fund

(Based on the provisions of Article 29 of the Decree 93/2019/ND-CP to provide specific regulations)

Article 13. Audit Committee of the Fund

- Based on the provisions of Article 30 of the Decree 93/2019/ND-CP to provide specific regulations.

- The term of office of the Audit Committee shall be concurrent with that of the Management Board of the Fund.

Article 14. Office and specialized departments

Article 15. Branches, representative offices, and subordinate units (if any)

- Based on the provisions of Article 32 of the Decree 93/2019/ND-CP to provide specific regulations.

- Within thirty days from the date the Fund decides to establish branches or representative offices in provinces or centrally-administered cities other than the headquarters of the Fund, the Fund shall submit one set of notification documents to the competent state agency for permission to establish the Fund in accordance with Clause 1 of Article 18 of the Decree 93/2019/ND-CP and the People's Committee of the province where the Fund's branch or representative office is located.

Chapter IV

RAISING DONATIONS AND ACCEPTING SPONSORSHIP, OBJECTIVES AND CONDITIONS FOR SUPPORT

Article 16. Raising Donations and Accepting Sponsorship

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

2. All donations and sponsorships received from individuals and organizations within and outside the country for the Fund must be deposited directly into the Fund in accordance with current State regulations, while simultaneously making public information through the organization's website (if available) for the public and sponsors to have the opportunity to review and supervise. For sponsored funds with specific purposes, they must be implemented in accordance with the requirements of the sponsor.

3. Contributions to support the relief of difficulties arising from natural disasters, fires, or serious accidents causing significant casualties and property damage to the people shall be decided by the Management Board of the Fund in accordance with the guidance of the Central Committee of the Vietnam Fatherland Front.

Article 17. Principles for soliciting donations and accepting sponsorships

1. Solicitation of sponsorships, fundraising for money, goods, and labor from individuals and organizations must be based on voluntary contributions with goodwill. The Fund shall not set a minimum contribution level to compel individuals and organizations to contribute.

2. Solicitation, acceptance, management, and utilization of money and goods donated from individuals and organizations must be transparent and subject to inspection, audit, and supervision as prescribed by law.

3. The content of solicitation and acceptance of donations and sponsorships must be transparent and include: the purpose of solicitation and sponsorship; results of solicitation and sponsorship; usage and outcomes of usage; and final settlement reports.

4. Forms of transparency include:

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

b) Announcing on mass media;

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

Article 18. Recipients and Conditions for Receiving Support and Sponsorship

(Based on the Decree 93/2019/ND-CP and the objectives and purposes of the Fund to specify specific recipients)

Chapter V

MANAGEMENT AND USE OF ASSETS AND FINANCES

Article 19. Sources of Income

(Based on the provisions of Article 35 of the Decree 93/2019/ND-CP to provide specific regulations)

Article 20. Utilization of the Fund

(Based on the provisions of Article 36 of the Decree 93/2019/ND-CP to provide specific regulations)

Article 21. Contents of Expenditures for Managing the Fund

(Based on the provisions of Article 37 of the Decree 93/2019/ND-CP to provide specific regulations)

Article 22. Financial and Asset Management of the Fund

(Based on the provisions of Article 38 of the Decree number 93/2019/ND-CP to provide specific regulations)

Article 23. Handling of Fund Assets when Merging, Consolidating, Dividing, Splitting, Temporarily Halting Operations, and Dissolving the Fund

(Based on Article 42 of the Decree number 93/2019/ND-CP to provide specific regulations)

Chapter VI

MERGING, CONSOLIDATING, DIVIDING, SPLITTING, RENAMING; TEMPORARILY HALTING OPERATIONS AND DISSOLUTION OF THE FUND

Article 24. Merging, Consolidating, Dividing, Splitting, Renaming the Fund

1. Merging, consolidating, dividing, splitting, and renaming the Fund shall be carried out in accordance with the Civil Code, Article 39 of the Decree number and other relevant laws. 93/2019/ND-CP 2. The Management Board of the Fund is responsible for organizing the implementation of decisions on merging, consolidating, dividing, splitting, and renaming the Fund in accordance with the law.

Article 25. Temporary Suspension of the Fund's Operations

The temporary suspension of the Fund's operations shall be carried out in accordance with the provisions of Article 40 of the Decree number

Article 26. Dissolution of the Fund 93/2019/ND-CP.

1. The dissolution of the Fund shall be carried out in accordance with the provisions of Article 41 of the Decree number

2. The Management Board of the Fund is responsible for organizing the implementation of the decision to dissolve the Fund in accordance with the law. 93/2019/ND-CP.

1. Organizations and individuals who have made significant contributions to the Fund's activities will be commended by the Management Board of the Fund or proposed by the Management Board of the Fund to competent state authorities for commendation in accordance with the law.

Chapter VII

REWARD AND DISCIPLINE

Article 27. Awards

2. The Management Board of the Fund shall specify the forms, procedures, authority, and process for internal commendations within the Fund.

1. Organizations under the Fund and individuals working at the Fund who violate the provisions of this Charter shall be disciplined or criminally prosecuted depending on the nature and severity of the violation. If material damage is caused, compensation must be made in accordance with the law.

Article 28. Disciplinary Measures

2. The Management Board of the Fund shall specify the forms, procedures, authority, and process for internal disciplinary actions within the Fund.

Article 29. Amending and Supplementing the Charter

Chapter VIII

IMPLEMENTING PROVISIONS

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

... recognized by a decision.¹1. The Fund's Charter ...

Article 30. Effective Date

... consists of ... Chapters, ... Articles and becomes effective from the date it is ...²... recognized.¹2. Based on the laws regarding social funds, charitable funds, and the recognized Charter of the Fund, the Management Board of the Fund ...

... is responsible for guiding and implementing this Charter.²Depending on specific conditions, the fund may supplement additional articles in compliance with the law.

Note:

^(*) Name of the agency issuing the decision and having the authority to recognize the fund's charter.

¹Name of the fund.

²Based on Article 3 and Clause 2 of Article 4 of the Decree number

³and relevant laws to specifically define the objectives and purposes of the fund appropriately. 93/2019/ND-CP State management agency in the main field of activity of the fund.

⁴Nationwide, inter-provincial, within a province, district, commune.

⁵Clearly state information about the founders: in case the founder is an individual (full name; date of birth; nationality; ID card number or citizen identification card number or passport number and place of issuance; permanent address and current residence), in case the founder is an organization (name of the organization, main office address, establishment permit or decision on operation and activities; business registration code, business registration certificate, enterprise registration certificate - if applicable).

⁶Model number 03. Sample Charter of a charitable fund.

Model No. 03. Sample Charter of a Charity Fund (*)

..…¹…..
-------

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

ARTICLES (OR AMENDED AND SUPPLEMENTED ARTICLES) OF THE FUND ...²...

(Recognized together with Decision No... dated... month... year...)

PART I

GENERAL PROVISIONS

Article 1. Name, Emblem, Headquarters

1. Name:

a) Vietnamese name: …;

b) Foreign name (if any):...

c) Abbreviation (if any):...,...

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

3. Head office: house number, street, road (if any)..., commune, ward ..., district, city ..., province, city.

4. Telephone number: ..., fax number:..., email:…, website (if any):…

Article 2. Aims and Objectives

The Fund ...²... (hereinafter referred to as the Fund) is a non-profit charitable fund established for the purpose of...³...

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

1. The Fund is formed from the initial assets contributed by the founders and grows its assets based on fundraising and donations from organizations and individuals both within and outside the country in accordance with the provisions of the law to carry out activities in line with the objectives and purposes of the Fund.

2. The Fund operates under the following principles:

a) Established and operated without profit-making objectives;

b) Voluntary, autonomous, self-financed, and legally responsible for the Fund's actions using its own assets;

c) Organize and operate in accordance with the provisions of the law and the Articles of the Fund recognized by...¹... recognized, subject to state management by...⁴... concerning the industry and field in which the Fund operates;

d) Transparency in organization, operations, and financial inflows and outflows, asset management of the Fund;

e) No division of Fund assets while the Fund is operational.

3. The scope of operation of the Fund...⁵...

4. The Fund has legal personality, seal, and bank account as prescribed by law.

Article 4. Founders establishing the Fund...⁶...

Chapter II

FUNCTIONS, DUTIES; RIGHTS AND OBLIGATIONS

Article 5. Functions and duties

1. Use the Fund's assets to support and sponsor suitable objects, programs, projects in line with the Fund's objectives, purposes, scope of operations, and the provisions of the law.

3. Receiving assets from domestic and international organizations and individuals through sponsorship, donation, gift, or other forms as prescribed by law to preserve and increase the Fund's assets.

Article 6. Rights and obligations

(Based on the provisions of Article 8 of Decree No... 93/2019/ND-CP and the objectives and purposes of the Fund to specify concretely and appropriately)

Chapter III

ORGANIZATION AND OPERATIONS

组织结构（第1-13条）

1. Management Board of the Fund.

2. The Fund’s Supervisory Board.

3. Office and specialized departments.

4. Representative office or branch and subordinate units (if any).

Article 8. Management Board of the Fund

1. The Management Board of the Fund is the management body of the Fund, acting on behalf of the Fund to decide and implement the rights and obligations of the Fund; members must have full civil capacity and no criminal record. The Management Board of the Fund has at least three members including: Chairman, Vice Chairmen, and other members, none of whom can be related by family ties, with at least 51% of the members being Vietnamese citizens. The term of the Management Board of the Fund is determined by the Fund's Articles but shall not exceed five years, counted from the date of the decision recognizing the Fund by the competent state agency as stipulated in Article 18 of the Decree. 93/2019/ND-CP.

2. The Management Board has the following tasks and powers:

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

b) Decide on development strategies for the Fund; approve contracts for buying and selling assets worth VND... or more;

d) Decide on salaries, benefits, and other policies (if any) for the Chairman, Vice Chairmen, members of the Management Board, Director, Chief Accountant of the Fund, and employees working at the Fund according to the Fund's Articles and the provisions of the law;

đ) Approve annual financial reports, plans for using assets and finances of the Fund;

e) Decide on the organizational structure of the Fund in accordance with legal regulations and the Fund's Charter;

g) Decide on establishing subordinate legal entities of the Fund in accordance with the law; establish branches and representative offices of the Fund in accordance with Article 32 of Decree No... 93/2019/NĐ-CP;

h) Change the name; amend and supplement the Fund's Charter;

i) Decide on dissolution, division, separation, merger, and consolidation;

l) Other tasks and powers as prescribed by Decree number 93/2019/ND-CP and the Fund's Charter.

3. Principles of operation of the Management Board:

c) Decisions of the Management Board are adopted when ... members of the Management Board vote in favor.

Article 9. Chairman of the Management Board of the Fund

1. The Chairman of the Management Board of the Fund is a Vietnamese citizen elected by the Management Board and is the legal representative of the Fund. The Chairman of the Management Board may concurrently hold the position of Director of the Fund.