Consolidated Document number 4447/VBHN-BNG Decision promulgating the Regulation on the organization and operation of the Fund for the Protection of Vietnamese Citizens and Legal Entities Abroad

Pursuant to …;

Issuing the Regulation on the organization and operation of the Fund for Protecting Vietnamese Citizens and Legal Entities Abroad

^{_______________}

MINISTER OF FOREIGN AFFAIRS

Decision No. 2985/2007/QĐ-BNG dated November 29, 2007, issued by the Minister of Foreign Affairs to issue the Regulation on the organization and operation of the Fund for Protecting Vietnamese Citizens and Legal Entities Abroad, which took effect from November 29, 2007, was amended and supplemented by:

Circular No. 04/2025/TT-BNG dated June 13, 2025, issued by the Ministry of Foreign Affairs to amend and supplement some articles of Circular No. 04/2016/TT-BNG dated June 30, 2016, issued by the Minister of Foreign Affairs guiding procedures for issuing visas, extending temporary residence permits, and issuing temporary residence cards for foreigners in Vietnam under the jurisdiction of the Ministry of Foreign Affairs, and Decision No. 2985/2007/QĐ-BNG dated November 29, 2007, issued by the Minister of Foreign Affairs to issue the Regulation on the organization and operation of the Fund for Protecting Vietnamese Citizens and Legal Entities Abroad, which took effect from July 13, 2025.

Pursuant to:

Decree No. 189/HĐBT dated June 4, 1992, issued by the Council of Ministers (now the Government), detailing the implementation of the Consular Ordinance;

Decree No. 183/CP dated November 18, 1994, issued by the Government, detailing the implementation of the Ordinance on agencies representing the Socialist Republic of Vietnam abroad;

Decree No. 21/2003/NĐ-CP dated March 10, 2003, issued by the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Decision No. 119/2007/QĐ-TTg dated July 25, 2007, issued by the Prime Minister, establishing the Fund for Protecting Vietnamese Citizens and Legal Entities Abroad;

At the proposal of the Director of the Consular Department and the Head of the Administrative-Financial Department^[1],

DECISION:

Article 1. Attached to this Decision is the "Regulation on the organization and operation of the Fund for Protecting Vietnamese Citizens and Legal Entities Abroad."

Article 2.^[2] This Decision takes effect from the date of signature.

Article 3. The Directors of the Consular Department, the Office of the Ministry, Heads of various Departments of Organization-Personnel, Administrative-Financial, and heads of diplomatic and consular agencies of Vietnam abroad are responsible for implementing this decision./.

REGULATIONS

ON THE ORGANIZATION AND OPERATION OF THE FUND FOR PROTECTING VIETNAMESE CITIZENS AND LEGAL ENTITIES ABROAD
 (Issued together with Decision No. 2985/2007/QĐ-BNG dated November 29, 2007, of the Minister of Foreign Affairs)

Article 1. Scope of Application

Article 1. This Regulation governs the organization and operation of the Fund for Protecting Vietnamese Citizens and Legal Entities Abroad (hereinafter referred to as the Citizen Protection Fund), established by the Prime Minister pursuant to Decision No. 119/2007/QĐ-TTg dated July 25, 2007. The international name is Fund for Assisting Overseas Vietnamese Citizens and Legal Entities - abbreviated as FAOV.

Article 2. Vietnamese citizens residing abroad who have subscribed to insurance in their host countries are not subject to this Regulation.

Article 2. Purpose

The Citizen Protection Fund operates without profit motives, in accordance with the "Financial Management Regulation" and is established for the following purposes:

1. To support the activities of diplomatic missions, consular offices, and other agencies authorized by the Ministry of Foreign Affairs to perform consular functions abroad (hereinafter referred to as Diplomatic Missions) in protecting the legitimate rights and interests of Vietnamese citizens and legal entities abroad;

2. To provide emergency humanitarian assistance to citizens and legal entities facing particularly difficult circumstances that they cannot overcome at that time;

3. To support other activities as decided by the Minister of Foreign Affairs in accordance with Article 4 of Decision No. 119/2007/QĐ-TTg dated July 25, 2007, of the Prime Minister.

Article 3. The organizational structure of the Citizen Protection Fund

1. The Citizen Protection Fund has legal personality, its own seal, and is entitled to open accounts at the state treasury and banks in accordance with Article 2 of Decision No. 119/2007/QĐ-TTg of the Prime Minister.

2. The Fund is under the management of the Ministry of Foreign Affairs regarding organization and operation. The Consular Department is the agency authorized by the Minister of Foreign Affairs to manage the protection of Vietnamese citizens and legal entities abroad, assisting the Ministry's leadership in directly performing state management functions over the organization and operation of the Fund.

3. The Fund has a Board of Directors consisting of a Director, two Deputy Directors, and a specialized office - the Fund Office (including accountants, administrative staff, information and propaganda officers, and fund managers).

4. The Director and Deputy Directors are appointed and relieved of their positions by the Minister of Foreign Affairs.

5. The staffing of the Fund Office is a maximum of seven people within the establishment of the Consular Department. In cases of necessity, the Fund may recruit specialized staff on a contractual basis after obtaining the approval of the Minister of Foreign Affairs.

Article 4. Functions and tasks of the Citizen Protection Fund

1. Functions:

a. Taking the lead and coordinating with relevant agencies in:

- Developing directions and programs for the Fund's activities to be submitted to the Minister of Foreign Affairs for approval.

- Budgeting annual funds for the Fund including: revenue and expenditure forecasts from the state budget and other sources for protecting Vietnamese citizens and legal entities abroad; consolidating these into the annual budget of the Ministry of Foreign Affairs to be submitted to the Ministry of Finance.

- Organizing periodic annual reviews, stage-by-stage reviews, or ad hoc reviews and formulating key plans for citizen protection work, especially in areas with concentrated Vietnamese populations.

b. Receiving deposits from relatives or organizations guaranteeing the party involved, then requesting relevant agencies to advance funds in the case specified in point a, Clause 2, Article 7 of this Regulation, and cooperating with the Ministry of Finance to recover the advanced funds as specified in point b, Clause 2, Article 7 of this Regulation.

c. Implementing financial management in accordance with the law.

d. Promptly reporting to the Ministry of Foreign Affairs' leadership for decisions on matters exceeding their authority.

2. Tasks:

a. Managing funds, assets, and legitimate resources to fulfill assigned tasks.

b. Inspecting and supervising expenditures for citizen protection work and Vietnamese legal entities abroad.

c. Preparing annual settlement reports to the Ministry of Finance on the use of Fund funds.

d. Organizing activities to promote the establishment of the Fund.

e. Fulfilling other rights and obligations as prescribed by law.

Article 5. Tasks and authorities of the Board of Directors and the Citizen Protection Fund Office

1. Fund Director:

a. Is responsible to the Minister of Foreign Affairs for directing the implementation of the functions and tasks stipulated in Article 4 of this Regulation and managing the Fund's daily operations. In case of being busy with work or due to unforeseen circumstances, the Fund Director may delegate a Deputy Director to oversee all daily operations of the Fund.

b. Is the legal representative of the Fund and the account holder. The Director may authorize a Deputy Director to sign on behalf of the account holder.

c.^[3] (Repealed)

d. Represents the Citizen Protection Fund in relations related to the Fund's activities.

e. Notifying and guiding relevant agencies to implement certain activities of the Fund abroad after approval by the Minister of Foreign Affairs.

f. Submitting regular reports on the Fund's activities in accordance with current regulations.

2. Fund Deputy Directors:

Carry out tasks assigned by the Fund Director and are accountable to the Minister of Foreign Affairs and the Fund Director for the tasks delegated.

3. The Fund Office is a specialized unit assisting the Board of Directors. Staff of the Fund Office have the following responsibilities:

a. Continuously monitoring, summarizing, and reporting to the Fund Board of Directors on the Fund's activities both domestically and internationally.

b. Preparing and serving as secretaries for regular and ad hoc meetings of the Fund.

c. Advising on directions, tasks, and proposing annual activity plans for the Fund to be reviewed by the Director.

d. Performing other tasks assigned by the Fund Board of Directors.

4. Working methods of the Fund:

a. The Director, Deputy Directors, and staff of the Fund Office work according to the principle of chief responsibility combined with democratic centralism.

b. Fund Office staff must complete their assigned tasks and are accountable to the Board of Directors based on their duties, powers, and responsibilities.

Article 6. Functions and Authority to Use the Fund of the Overseas Representative Office

1. The head of the Overseas Representative Office is responsible for the use and settlement of expenses temporarily advanced from the budget for the protection of Vietnamese citizens and legal entities abroad.

2.^[4] (Repealed)

3. Accountants of the Overseas Representative Offices are responsible for sending invoices and original documents to the Fund on a quarterly basis for financial settlement according to regulations and preparing annual income and expenditure reports in accordance with current financial management regulations.

4. In case of sudden activities with significant impact, the head of the Overseas Representative Office shall notify the Fund Director of the proposed activity plan and budget estimate. The Fund Director shall be responsible for reviewing and responding to this request as soon as possible within their authority. Only upon written approval from the Fund Director or the Ministry of Foreign Affairs leadership may the head of the Overseas Representative Office proceed.

Article 7. Contents of Expenditure from the Citizen Protection Fund

1. Non-reimbursable expenditures:

a. Expenditures for ensuring the safety of citizens' lives and transferring them to safe locations during war, conflict, natural disasters, epidemics, terrorism, kidnapping, etc.;

b. Expenditures for citizens in urgent and emergency situations where the individual has been proven to have completely exhausted their financial resources and has no relatives or organizations to guarantee repayment;

c. Expenditures for consular officials of the Overseas Representative Office; officials dispatched from the country or from the nearest Overseas Representative Office abroad to protect citizens and legal entities, investigate situations involving citizens who are arrested, detained, imprisoned, tried, and other necessary cases related to protection work;

d. Expenditures for diplomatic activities serving citizen protection.

2. Reimbursable expenditures:

a. Advance payments for medical fees, medicines, return tickets, food, and accommodation expenses while waiting to return home; funeral, cremation, repatriation of remains, etc., for citizens in emergency situations where they lack financial resources at that time but have collateral or guarantees from family or organizations in the country for the repayment of these amounts.

b. In special cases, without collateral or guarantees, the individual must provide a written commitment to repay these amounts.

3.^[5] (Repealed)

4. Other expenditures consistent with the financial management system of the Fund and its purposes as determined by the Ministry of Foreign Affairs leadership or the Fund Director.

Article 8. Awards and Disciplinary Measures

1.^[6] The Citizen Protection Fund maintains a Golden Book of Honor and can propose competent authorities to award organizations, collectives, and individuals both domestically and internationally for outstanding achievements in building and developing the Fund and making significant contributions to protecting Vietnamese citizens and legal entities abroad.

2. Any violation of state regulations regarding the operation of the Fund and the provisions of this Regulation may result in administrative penalties or criminal prosecution depending on the nature and severity, in accordance with current laws.

Article 9. Complaints and Accusations

1. All agencies, organizations, and individuals have the right to complain or accuse acts of embezzlement, corruption, profiteering under the guise of the Citizen Protection Fund, or any violations of the provisions of this Regulation.

2. The resolution of complaints and accusations related to the Citizen Protection Fund shall be carried out in accordance with the Law on Complaints and Accusations.

^[1] Circular No. 04/2025/TT-BNG dated June 13, 2025, of the Ministry of Foreign Affairs amending and supplementing certain articles of Circular No. 04/2016/TT-BNG dated June 30, 2016, of the Minister of Foreign Affairs guiding procedures for issuing visas, extending temporary residence, and issuing temporary residence cards for foreigners in Vietnam within the jurisdiction of the Ministry of Foreign Affairs and Decision No. 2985/2007/QĐ-BNG dated November 29, 2007, of the Minister of Foreign Affairs promulgating the Regulations on the organization and operation of the Citizen Protection Fund and Vietnamese legal entities abroad is based on the following:

"Based on the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated June 16, 2014; the Law Amending and Supplementing Certain Provisions of the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated December 16, 2019; the Law Amending and Supplementing Certain Provisions of the Law on Exit and Entry of Vietnamese Citizens and the Law on Entry, Exit, Transit, and Residence of Foreigners in Vietnam dated June 24, 2023;

Based on the Law on Issuing Legal Normative Documents dated February 19, 2025;

Based on the Law on Diplomatic Missions of the Socialist Republic of Vietnam dated June 18, 2009, amended and supplemented on November 21, 2017;

Based on Decree No. 28/2025/NĐ-CP dated February 24, 2025, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Foreign Affairs;

Based on Decree No. 64/2015/NĐ-CP dated August 6, 2015, of the Government stipulating the mechanism for coordination between ministries, ministerial-level agencies, provincial people's committees, and centrally-administered city people's committees in managing the entry, exit, transit, and residence of foreigners in Vietnam;

Based on Decision No. 119/2007/QĐ-TTg dated July 25, 2007, of the Prime Minister establishing the Citizen Protection Fund and Vietnamese legal entities abroad;

Based on the proposal of the Consular Department Director;

The Minister of Foreign Affairs issues the Circular amending and supplementing certain articles of Circular No. 04/2016/TT-BNG dated June 30, 2016, of the Minister of Foreign Affairs guiding procedures for issuing visas, issuing temporary residence cards, and extending temporary residence for foreigners in Vietnam within the jurisdiction of the Ministry of Foreign Affairs and Decision No. 2985/2007/QĐ-BNG dated November 29, 2007, of the Minister of Foreign Affairs promulgating the Regulations on the organization and operation of the Citizen Protection Fund and Vietnamese legal entities abroad."

^[2] Article 3 of Circular No. 04/2025/TT-BNG dated June 13, 2025, issued by the Ministry of Foreign Affairs to amend and supplement certain provisions of Circular No. 04/2016/TT-BNG dated June 30, 2016, issued by the Minister of Foreign Affairs guiding procedures for issuing visas, extending temporary residence permits, and issuing temporary residence cards for foreigners in Vietnam within the jurisdiction of the Ministry of Foreign Affairs and Decision No. 2985/2007/QĐ-BNG dated November 29, 2007, issued by the Minister of Foreign Affairs promulgating the Regulations on the organization and operation of the Fund for the Protection of Vietnamese Citizens and Legal Entities Abroad, which shall take effect from July 13, 2025, is stipulated as follows:

"Article 3. Implementation Provisions

1. This Circular shall take effect from July 13, 2025.

2. During the implementation process, if there are any difficulties or new matters arise, the diplomatic missions shall promptly report to the Ministry of Foreign Affairs for timely guidance."

^[3] This point is repealed pursuant to Clause 1, Article 2 of Circular No. 04/2025/TT-BNG dated June 13, 2025, issued by the Ministry of Foreign Affairs to amend and supplement certain provisions of Circular No. 04/2016/TT-BNG dated June 30, 2016, issued by the Minister of Foreign Affairs guiding procedures for issuing visas, extending temporary residence permits, and issuing temporary residence cards for foreigners in Vietnam within the jurisdiction of the Ministry of Foreign Affairs and Decision No. 2985/2007/QĐ-BNG dated November 29, 2007, issued by the Minister of Foreign Affairs promulgating the Regulations on the organization and operation of the Fund for the Protection of Vietnamese Citizens and Legal Entities Abroad, which shall take effect from July 13, 2025.

^[4] This point is repealed pursuant to Clause 1, Article 2 of Circular No. 04/2025/TT-BNG dated June 13, 2025, issued by the Ministry of Foreign Affairs to amend and supplement certain provisions of Circular No. 04/2016/TT-BNG dated June 30, 2016, issued by the Minister of Foreign Affairs guiding procedures for issuing visas, extending temporary residence permits, and issuing temporary residence cards for foreigners in Vietnam within the jurisdiction of the Ministry of Foreign Affairs and Decision No. 2985/2007/QĐ-BNG dated November 29, 2007, issued by the Minister of Foreign Affairs promulgating the Regulations on the organization and operation of the Fund for the Protection of Vietnamese Citizens and Legal Entities Abroad, which shall take effect from July 13, 2025.

^[5] This point is repealed pursuant to Clause 1, Article 2 of Circular No. 04/2025/TT-BNG dated June 13, 2025, issued by the Ministry of Foreign Affairs to amend and supplement certain provisions of Circular No. 04/2016/TT-BNG dated June 30, 2016, issued by the Minister of Foreign Affairs guiding procedures for issuing visas, extending temporary residence permits, and issuing temporary residence cards for foreigners in Vietnam within the jurisdiction of the Ministry of Foreign Affairs and Decision No. 2985/2007/QĐ-BNG dated November 29, 2007, issued by the Minister of Foreign Affairs promulgating the Regulations on the organization and operation of the Fund for the Protection of Vietnamese Citizens and Legal Entities Abroad, which shall take effect from July 13, 2025.

^[6] This clause has been amended pursuant to Clause 2, Article 2 of Circular No. 04/2025/TT-BNG dated June 13, 2025, issued by the Ministry of Foreign Affairs to amend and supplement certain provisions of Circular No. 04/2016/TT-BNG dated June 30, 2016, issued by the Minister of Foreign Affairs guiding procedures for issuing visas, extending temporary residence permits, and issuing temporary residence cards for foreigners in Vietnam within the jurisdiction of the Ministry of Foreign Affairs and Decision No. 2985/2007/QĐ-BNG dated November 29, 2007, issued by the Minister of Foreign Affairs promulgating the Regulations on the organization and operation of the Fund for the Protection of Vietnamese Citizens and Legal Entities Abroad, which shall take effect from July 13, 2025.