Decision No. 340/TTg On the issuance of the Regulation on the activities of foreign non-governmental organizations in Vietnam

Pursuant to …;

OF THE PRIME MINISTER

Regarding the issuance of regulations on the activities of foreign non-governmental organizations in Vietnam

On the activities of foreign non-governmental organizations in Vietnam

_____________________________

PRIME MINISTER

Pursuant to the Government Organization Law dated September 30, 1992;

To strengthen management while creating favorable conditions for foreign non-governmental organizations operating in Vietnam;

At the proposal of the Minister, Head of the Government Office and the Head of the Central Party Foreign Affairs Commission,

DECISION:

Article 1. This Decision promulgates the Regulations on the Activities of Foreign Non-Governmental Organizations in Vietnam.

Article 2. This Decision takes effect from the date of signing.

Article 3. The Minister, Head of the Government Office, Ministers, Heads of Ministries equivalent to Ministries, Heads of Government Agencies, Chairpersons of Provincial People's Committees under central cities, Chairperson of the Vietnam Association of Friendship Organizations, and leaders of central agencies of people's organizations related shall be responsible for implementing this Decision.

REGULATIONS

ACTIVITIES OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS IN VIETNAM

(Issued together with Decision No. 340/TTg

dated May 24, 1996 of the Prime Minister)

______________________

PART I

GENERAL PROVISIONS

Article 1. Foreign non-governmental organizations, hereinafter referred to as NGOs, to carry out development support and humanitarian aid activities in Vietnam without profit-making or other purposes, must obtain permission from the Vietnamese Government in the form of: Operating Permit, Project Office Establishment Permit, or Representative Office Establishment Permit.

Article 2. NGOs are eligible for an Operating Permit when they meet the following conditions:

1. Having legal personality according to their own country’s laws or the laws of the country where their headquarters is located.

2. Having clear statutes and objectives.

3. Already having or planning to have development and humanitarian programs in Vietnam that are consistent with Vietnam's economic and social development policies; committing to strictly comply with Vietnamese laws and respect Vietnamese traditional customs and practices.

Article 3. NGOs are eligible for a Project Office Establishment Permit when they meet the following conditions:

1. Meeting the requirements stipulated in Points 1 and 2, Article 2 of these Regulations.

2. Having a program or project that has been approved by competent authorities in Vietnam and whose scale and nature require regular, on-site management and supervision.

Article 4. NGOs are eligible for a Representative Office Establishment Permit in Hanoi when they meet the following conditions:

1. Meeting the requirements stipulated in Points 1 and 2, Article 2 of these Regulations.

2. Having had effective assistance programs in Vietnam for at least two years prior.

3. Always respecting Vietnamese laws and traditional customs during their operations in Vietnam.

4. Currently having long-term (two years or more) assistance programs in Vietnam that have been approved by competent authorities in Vietnam.

Article 5. The competent authority for issuing, extending, amending, supplementing, or revoking permits is the Committee for Non-Governmental Organizations (hereinafter referred to as the Committee). The permanent agency for non-governmental organization work of the Committee is the Vietnam Association of Friendship Organizations (hereinafter referred to as the Association).

Chapter II

PROCEDURES FOR ISSUING, EXTENDING, AMENDING, SUPPLEMENTING, AND REVOKING PERMITS

Article 6.

a. The application dossier for an Operating Permit in Vietnam includes:

1. A request letter from the head of the NGO written in Vietnamese and English (or French) sent to the Committee stating the main contents as follows:

- Full name of the organization and location of its headquarters.

- Objectives and purpose of operation.

- Brief history of the organization's development.

- Sources and financial capacity.

- Programs, projects, and plans for activities in Vietnam.

2. Statutes of the NGO.

3. Legal personality certification document issued by the competent authority of the place of establishment or headquarters, or a certified copy thereof.

b. The application dossier for establishing a Project Office, in addition to the documents mentioned in paragraph a of this Article, also requires:

1. Clearly stating in the request letter the reasons for establishing the Project Office, the proposed location of the Project Office, and the number of foreign and Vietnamese staff needed for the Project Office's operations.

2. Documentation of the program or project that has been approved by competent authorities in Vietnam.

3. Biography of the person proposed to be appointed as the head of the Project Office.

Article 7. The application dossier for establishing a Representative Office in Hanoi, in addition to the documents mentioned in paragraph a of Article 6 of these Regulations, also requires:

1. Clearly stating in the request letter the reasons for establishing the Representative Office and the number of foreign and Vietnamese staff needed to work at the Representative Office.

2. A report on activities in Vietnam for at least the past two years.

3. Documentation of the program or project that has been approved by competent authorities in Vietnam.

4. Biography of the person proposed to be appointed as the head of the Representative Office and a letter of introduction to serve as a representative in Vietnam from the head of the NGO.

Article 8. From the date of receiving complete and valid dossiers, within a period not exceeding thirty days for an Operating Permit; sixty days for a Project Office Establishment Permit; ninety days for a Representative Office Establishment Permit, the Committee will notify the result to the relevant NGO.

Article 9. Duration of the first-time issued permit:

- Not exceeding six months for an Operating Permit granted to NGOs for surveying, designing projects, and programs.

- Not exceeding one year for an Operating Permit granted to NGOs currently implementing assistance programs and projects in Vietnam.

- Not exceeding two years for a Project Office Establishment Permit.

- Not exceeding three years for a Representative Office Establishment Permit.

If there is a need to extend the permit, the NGO must submit a request to the Committee at least thirty days before the permit expires. Each extension period shall not exceed the duration of the first-time issued permit.

Article 10. Within thirty days from the date of issuance or extension of the permit, the NGO must complete registration procedures with the provincial or municipal People's Committee directly involved.

Article 11. When there is a need to amend or supplement the contents of the issued permit, such as changing the name, relocating the Project Office or Representative Office, replacing the head of the office or representative, adding staff working at the office, adjusting the scope and content of activities, the NGO must submit a request to the Committee, simultaneously sending it to the provincial or municipal People's Committee where the NGO operates or where the Project Office or Representative Office is located.

Within thirty days from the date of receipt of the request, the Committee will issue a response to the relevant NGO.

Article 12. The project office, representative office, and non-profit organizations (NPOs) that have been granted an Operating Permit to operate in Vietnam must cease operations in the following cases:

1. When the Permit expires.

2. When there is a decision to revoke the Permit by the Committee pursuant to Clause b, Article 17 of this Regulation.

The Permit for establishing a project office shall automatically become invalid when the aid program or project ends. The Permit for establishing a representative office shall also automatically become invalid when the NPO no longer engages in any activities as stated in the application for establishing the representative office.

Within a period not exceeding thirty (30) days from the date the Permit expires, or upon receiving a notice to terminate operations, the NPO must settle all issues related to office premises, housing, employees, working equipment, pay off any outstanding debts (if any), and other related matters with organizations and individuals in Vietnam.

Chapter III

RIGHTS AND RESPONSIBILITIES OF NPOs IN VIETNAM

Article 13. The activities of NPOs in Vietnam must comply with the contents and scope specified in the issued Permit.

Article 14. The head of the representative office, the head of the project office, or the person authorized by the NPO to represent its activities in Vietnam (in the case of only having an Operating Permit) is responsible for all activities of that NPO in Vietnam.

The person authorized by the NPO to represent and the head of the project office must report in writing to the Committee about the organization's activities in Vietnam every three months, while the head of the representative office must report every six months. They are also responsible for reporting, providing documents, or explaining issues related to their organization's activities to the Committee when requested.

Upon completion of the project or at the end of the fiscal year, the NPO must submit a final report to the Committee and the managing agency of the project (Ministry, Board, sector, central agency of people's organizations, provincial People's Committees).

Article 15.

a. After being granted a Permit to establish a project office or representative office, the NPO is permitted to lease office premises and housing and to hire Vietnamese employees according to Vietnamese laws.

b. Representatives and foreign staff of the NPO (when there is an aid program or project for Vietnam) may open dedicated accounts (in foreign currency or in Vietnamese dong with a foreign currency base) at banks established and operating under Vietnamese laws.

c. The importation into Vietnam of office equipment, transportation means, and replacement parts, as well as necessary personal items for the work and living needs of the representative office and foreign staff of the office, shall be carried out in accordance with current Vietnamese regulations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 16. Representative offices that were allowed to be established before the issuance of this Regulation by the Government of Vietnam do not need to reapply for approval, but they must supplement and complete their files within sixty (60) days from the effective date of this Regulation and must fully comply with the provisions of this Regulation.

NPOs that were operating in Vietnam prior to the issuance of this Regulation must apply for an Operating Permit or must cease operations within sixty (60) days from the effective date of this Regulation.

Existing operational units of NPOs currently operating in Vietnam, which have offices and staff but have not yet been granted a Permit by the Vietnamese Government, must apply to establish a project office or representative office in accordance with the provisions of this Regulation or must cease operations within sixty (60) days from the effective date of this Regulation.

Article 17.

a. Organizations and individuals who actively and effectively contribute to development and humanitarian programs in Vietnam are welcomed and recognized by the Vietnamese people and state.

b. NPOs whose activities are inconsistent with the issued Permit, or who violate the provisions of this Regulation, depending on the severity of the violation, will be suspended partially in their operations or have their Permit revoked. Any violations of Vietnamese laws by NPOs and their staff will be handled according to Vietnamese laws.

Article 18. The Committee for Non-Governmental Organization Affairs is responsible for implementing and directing relevant agencies and localities to implement this Regulation.

Article 19. Ministries, Boards, sectors, people's organizations, provincial People's Committees have the responsibility to guide, assist, and supervise the implementation of this Regulation according to their respective responsibilities. If violations are discovered, they must be promptly addressed within their authority and reported to the Committee.

Article 20. This Regulation takes effect from the date of signature; all conflicting provisions are abolished.