Decree No. 93/2021/NĐ-CP On Mobilizing, Receiving, Distributing, and Using Voluntary Contributions to Overcome Difficulties Caused by Natural Disasters, Epidemics, Accidents; Supporting Patients with Serious Diseases

DECREE

ON VOLUNTARY CONTRIBUTIONS TO ASSIST IN MITIGATING DIFFICULTIES CAUSED BY NATURAL DISASTERS, EPIDEMICS, AND INCIDENTS; SUPPORTING PATIENTS WITH POOR HEALTH CONDITIONS

VOLUNTARY SUPPORT TO OVERCOME DIFFICULTIES CAUSED BY NATURAL DISASTERS, EPIDEMICS, AND INCIDENTS;

SUPPORTING PATIENTS WITH POOR HEALTH CONDITIONS

On the basis of Law on Government Organization dated June 19, 2015;

On the basis of Law on Local Administration Organization dated June 19, 2015;

On the basis of Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

On the basis of Law on the Vietnam Fatherland Front dated June 9, 2015;

On the basis of Law on Prevention and Control of Infectious Diseases dated November 21, 2007;

On the basis of Law on Red Cross Activities dated June 3, 2008;

On the basis of Law on Plant Protection and Quarantine dated November 25, 2013;

On the basis of Law on Animal Health dated June 19, 2015;

On the basis of Law on State Budget Management dated June 25, 2015;

On the basis of Civil Code dated November 24, 2015;

On the basis of Law on Natural Disaster Prevention and Control dated June 19, 2013 and Law Amending and Supplementing Certain Provisions of the Law on Natural Disaster Prevention and Control and the Law on River Dykes dated June 17, 2020;

At the proposal of the Minister of Finance;

The Government issues this Decree on mobilizing, receiving, distributing, and using voluntary contributions to assist in mitigating difficulties caused by natural disasters, epidemics, and incidents; supporting patients with poor health conditions.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates the mobilization, receipt, distribution, and use of voluntary contributions from organizations and individuals within and outside the country to assist in mitigating difficulties caused by natural disasters, epidemics, and incidents; supporting patients with poor health conditions.

2. Financial support from higher-level budgets to lower-level budgets, and financial support from localities to other localities to mitigate difficulties caused by natural disasters, epidemics, and incidents are not within the scope of regulation of this Decree. The receipt, distribution, and use of financial support from the state budget shall be carried out in accordance with current laws on the state budget.

Article 2. Applicability

1. Organizations and individuals mobilizing, receiving, and distributing voluntary contributions:

a) The Vietnam Fatherland Front Committee calls for and mobilizes; the Voluntary Contribution Mobilization, Receipt, and Distribution Board (an organization established by the Standing Committee of the Vietnam Fatherland Front Committee at the same level - hereinafter referred to as the Mobilization Board) receives and distributes voluntary contributions to mitigate difficulties caused by natural disasters, epidemics, and incidents;

b) The Vietnam Red Cross mobilizes, receives, and distributes voluntary contributions to mitigate difficulties caused by natural disasters, epidemics, and incidents;

c) Ministries, agencies equivalent to ministries, government agencies, provincial People's Committees, and district People's Committees mobilize, receive, and distribute voluntary contributions to mitigate difficulties caused by natural disasters, epidemics, and incidents. Commune People's Committees receive and distribute voluntary contributions when authorized by the district People's Committee in accordance with the law;

d) The National Steering Committee for Natural Disaster Prevention and Control mobilizes and receives voluntary contributions from international sources in emergency situations involving natural disasters;

đ) Mass media organizations and healthcare facilities mobilize, receive, and support patients with poor health conditions;

e) Charitable funds specified in Decree No. 93/2019/NĐ-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charitable funds (hereinafter referred to as charitable funds) mobilize, receive, and distribute voluntary contributions to mitigate difficulties caused by natural disasters, epidemics, and incidents, and support patients with poor health conditions;

g) Enterprises, cooperatives, and other entities with legal personality participate in mobilizing, receiving, and distributing voluntary contributions to mitigate difficulties caused by natural disasters, epidemics, and incidents; supporting patients with poor health conditions;

h) Individuals with full civil capacity participate in mobilizing, receiving, and distributing voluntary contributions to mitigate difficulties caused by natural disasters, epidemics, and incidents; supporting patients with poor health conditions.

2. Organizations and individuals voluntarily contributing to assist in mitigating difficulties caused by natural disasters, epidemics, and incidents; supporting patients with poor health conditions.

3. Organizations and individuals facing difficulties caused by natural disasters, epidemics, and incidents; patients with poor health conditions use voluntary contributions.

4. Organizations and individuals related to the mobilization, receipt, distribution, and use of voluntary contributions.

Article 3. Explanation of Terms

1. Epidemics include: Infectious diseases in humans as prescribed in Article 3 of the Law on Prevention and Control of Infectious Diseases 2007; animal epidemics as prescribed in Clause 8, Article 3 of the Law on Animal Health 2015, and plant pests and diseases declared as epidemics according to Clause 1, Article 17 of the Law on Plant Protection and Quarantine 2013.

2. Incidents are situations caused by natural disasters or human actions as prescribed in Clause 1, Article 3 of Decree No. 30/2017/NĐ-CP dated March 21, 2017 of the Government on the organization and operation of response to incidents, natural disasters, and search and rescue operations.

3. Patients with poor health conditions are patients suffering from diseases listed in the catalog of poor health conditions as prescribed by the Ministry of Health.

Article 4. Principles for organizing fundraising, receiving, distributing, and using voluntary contributions

1. The State encourages, honors, and creates favorable conditions for organizations and individuals to participate in voluntary contributions and fundraising activities; promotes solidarity, mutual assistance, and quickly supports people affected by natural disasters, epidemics, accidents, or those suffering from serious illnesses to stabilize their lives and activities, restore and develop production and business operations.

2. Fundraising to support overcoming difficulties caused by natural disasters, epidemics, and accidents shall be carried out when such events cause casualties, property damage, or affect the livelihoods of citizens; fundraising to support patients with serious illnesses shall be implemented on a case-by-case basis.

3. Fundraising must ensure timeliness and be conducted voluntarily; organizations and individuals are not permitted to set minimum contribution levels; voluntary contributions must come from the lawful income and assets of contributing organizations and individuals.

4. Receiving, distributing, and using money and materials contributed to overcome difficulties caused by natural disasters, epidemics, and accidents, and to support patients with serious illnesses must ensure promptness, effectiveness, fairness, transparency, and compliance with intended purposes and beneficiaries; there must be coordinated and tight cooperation among relevant agencies, ministries, localities, organizations, and individuals.

5. Expenses for fundraising, receiving, distributing, and using voluntary contributions shall be implemented in accordance with current laws on state budget and the provisions of this Decree.

Article 5. Prohibited acts

1. Obstructing or coercing organizations and individuals participating in fundraising, receiving, distributing, and using voluntary contributions.

2. Reporting or providing false information; misappropriating; distributing or using funds and materials contributed for voluntary purposes incorrectly, outside the designated time frame, or for unintended beneficiaries.

3. Exploiting fundraising, receiving, distributing, and using voluntary contributions for personal gain or engaging in activities that infringe upon national security and social order.

Chapter II
SPECIFIC PROVISIONS

Section 1.

REGULATIONS ON ORGANIZATIONS PARTICIPATING IN FUNDRAISING, RECEIVING, DISTRIBUTING AND USING VOLUNTARY CONTRIBUTIONS TO OVERCOME DIFFICULTIES CAUSED BY NATURAL DISASTERS, EPIDEMICS AND ACCIDENTS WITHIN THE COUNTRY

COORDINATING AND UTILIZING VOLUNTARY CONTRIBUTIONS TO OVERCOME

DIFFICULTIES CAUSED BY NATURAL DISASTERS, EPIDEMICS, AND INCIDENTS WITHIN THE COUNTRY

Article 6. Calling for and mobilizing voluntary contributions

When natural disasters, epidemics, or accidents occur causing casualties, property damage, or affecting the livelihoods of citizens, depending on the extent and scope of the damage, organizations may call for and mobilize voluntary contributions according to the following methods:

1. The Chairman of the Central Committee of the Vietnam Fatherland Front or the Chairman of the Provincial Vietnam Fatherland Front Committee calls for and mobilizes organizations and individuals to make voluntary contributions to support affected citizens and localities.

2. The Vietnam Red Cross calls for and mobilizes domestic and international Red Cross organizations to provide support in accordance with current laws on Red Cross activities.

3. Mass media outlets respond to the call of the Chairman of the Central Committee of the Vietnam Fatherland Front or the Provincial Vietnam Fatherland Front Committee to mobilize organizations and individuals to make voluntary contributions to help overcome difficulties caused by natural disasters, epidemics, and accidents in accordance with the law.

4. Charitable foundations call for and mobilize organizations and individuals to make voluntary contributions to address difficulties caused by natural disasters, epidemics, and accidents within their operational areas.

5. Enterprises, cooperatives, and other legal entities call for and mobilize organizations and individuals to make voluntary contributions to address difficulties caused by natural disasters, epidemics, and accidents. When implementing voluntary contribution mobilization, these organizations must announce on their websites or through other communication channels their commitments regarding the purpose, scope, method, form of mobilization, beneficiary groups, and implementation timeline, and submit written notifications to the People's Committee of the commune where they are headquartered in accordance with the notification format issued along with this Decree. The People's Committee of the commune has the responsibility to store these notifications for monitoring and providing information when requested by contributing organizations or individuals, or by competent authorities for guidance, monitoring, inspection, supervision, and handling violations.

6. The National Steering Committee for Disaster Prevention and Control calls for and mobilizes international voluntary contributions in emergency situations involving natural disasters. Ministries, ministerial-level agencies, government-affiliated agencies, provincial People's Committees, and district People's Committees call for and mobilize organizations and individuals to make voluntary contributions to address difficulties caused by natural disasters, epidemics, and accidents.

Article 7. Composition and Tasks of the Mobilization Board

1. Composition of the Mobilization Boards at all levels (including the Central Mobilization Board and the Mobilization Boards at local levels):

a) The Mobilization Board at each level shall be headed by the leader of the Vietnam Fatherland Front Committee at the same level.

b) Based on actual circumstances, the Chairman decides on the composition of the Mobilization Board to include representatives from relevant agencies and organizations.

2. Tasks of the Mobilization Board:

a) Coordinate with mass media agencies to widely disseminate the significance of the mobilization campaign, the time, location, and account for receiving voluntary contributions to organizations and individuals willing to contribute.

b) Take the lead and coordinate with the local authorities at the same level to be responsible for receiving, managing, and distributing voluntary contributions to affected regions and people due to natural disasters, epidemics, or accidents in a timely manner, according to purpose, target, openly, and transparently.

c) Implement reports on the situation and results of mobilizing, receiving, and distributing voluntary contributions according to prescribed regulations.

Article 8. Time for Mobilization, Receiving, and Distribution

1. The mobilization campaign shall be launched immediately after a natural disaster, epidemic, or accident occurs, causing casualties, property damage, or affecting people's lives.

2. Depending on the development and actual needs to mitigate the consequences of natural disasters, epidemics, or accidents, the organizations, agencies, and units specified in Clause 1, Points a, b, c, d, and e of Article 2 of this Decree decide on the time to receive voluntary contributions to mitigate the consequences of natural disasters, epidemics, or accidents but not exceeding 90 days from the day the mobilization campaign is launched (except in cases where commitments have been made with contributors). In necessary cases, the Mobilization Board at provincial level or higher may decide to extend the time for receiving voluntary contributions.

3. The distribution period shall be carried out during the mobilization and receiving process and must end no later than 20 days (except in cases where commitments have been made with contributors) from the end of the receiving period.

Article 9. Receiving and Managing Voluntary Contributions

1. Receiving and Managing Monetary Contributions:

a) Organizations, agencies, and units specified in Clause 1, Points a, b, c, d, and e of Article 2 of this Decree shall open a separate account at the State Treasury or commercial bank for each mobilization campaign to receive and manage all monetary voluntary contributions from organizations and individuals during the receiving period. If the Mobilization Board at provincial level or higher does not decide to extend the receiving period, then these organizations, agencies, and units shall not accept additional voluntary contributions after the end of the receiving period and shall notify the account-opening institution (State Treasury or commercial bank) about ceasing to accept voluntary contributions.

Mass media agencies and organizations that are the main points of contact for receiving voluntary monetary contributions from their own collectives and individuals to support affected areas due to natural disasters, epidemics, or accidents shall deposit the entire amount collected into the separate account of the mobilization agency at the same level opened to receive and manage voluntary contributions.

b) For areas not affected by natural disasters, epidemics, or accidents: The Mobilization Board at commune level transfers money into the account of the Mobilization Board at district level or directly deposits it into the account of the Mobilization Board at provincial level; the Mobilization Board at district level transfers money into the account of the Mobilization Board at provincial level; the Mobilization Board at provincial level transfers money into the account of the Central Mobilization Board for consolidation, balancing, and distribution to support areas affected by natural disasters, epidemics, or accidents or directly transfer to the Mobilization Board of the affected area.

c) For areas affected by natural disasters, epidemics, or accidents: The Mobilization Board at commune and district levels report to the higher-level Mobilization Board on the results of receiving, plans for distribution, and use of voluntary contributions and transfer money into the account of the higher-level Mobilization Board or retain it for immediate distribution and use to support natural disasters, epidemics, or accidents within the region according to Clause 4 of Article 10 of this Decree.

d) In cases where organizations and individuals support in foreign currency, the Mobilization Board sells the foreign currency to a commercial bank and deposits the proceeds into the account of the Mobilization Board at the same level.

2. Receiving and Managing Voluntary Donations in Kind:

a) The Mobilization Boards at all levels shall cooperate with relevant agencies and units at the same level to guide the establishment of donation reception points. All voluntary donations in kind must be fully handed over and received in terms of quantity and type; they must be stored and preserved according to the standards stipulated at the donation reception points or warehouses designated by the Mobilization Board. Based on actual conditions, the units receiving voluntary donations in kind may temporarily use storage facilities, headquarters of their own agencies, or rent warehouses and docks as collection points.

b) In cases requiring urgent assistance, the Mobilization Board decides to immediately distribute essential items (clothing, food, medicine, other essentials) to those in need from the donation reception points.

c) In cases where voluntary donations in kind are gold, silver, precious metals, or gems, the Mobilization Board organizes auctions according to current laws on auctioning assets and deposits the proceeds into the account of the Mobilization Board at the same level; if the Mobilization Board at commune level receives donations and organizes auctions, it shall deposit the proceeds into the account of the Mobilization Board at district level.

3. For contributions with specific conditions and addresses, the Mobilization Board shall fulfill them according to the commitments made.

4. The National Steering Committee for Disaster Prevention and Control shall receive and transfer emergency support from international sources in emergency situations involving natural disasters according to current regulations.

5. On the basis of the guidance from the Central Mobilization Board, ministries, ministerial-level agencies, and government agencies shall accept voluntary contributions to support the alleviation of difficulties caused by natural disasters, epidemics, and accidents, and transfer them to the Central Mobilization Board, the Vietnam Red Cross, provincial People's Committees where natural disasters, epidemics, and accidents occur, or retain them for direct use in supporting such events.

6. Charitable funds that receive, manage, and distribute voluntary contributions according to the provisions of Clause 5, Article 10 of this Decree. In cases where they respond to the call of the Central Steering Committee of the Vietnam Fatherland Front, provincial Vietnam Fatherland Front Committees, and mobilize and appeal for support outside their operational scope, charitable funds shall receive such contributions and then transfer them to the corresponding level Mobilization Board to support affected people and localities due to natural disasters, epidemics, and accidents.

7. Enterprises, cooperatives, and other organizations with legal personality shall open a separate account at the State Treasury or commercial bank for each fundraising campaign to receive, manage all voluntary contributions collected according to the commitments and provisions of this Decree and relevant laws; issue receipts for voluntary contributions in cash or in kind when donors request. Organizations shall not accept additional voluntary contributions after the agreed receipt period ends and shall notify the account-opening institution (State Treasury or commercial bank) about ceasing to accept voluntary contributions.

8. Besides monetary and material contributions, organizations and individuals may contribute through service provision such as free or discounted services to support the alleviation of difficulties caused by natural disasters, epidemics, and accidents. Mobilization Boards at various levels shall inform service providers about the needs of organizations and individuals affected by natural disasters, epidemics, and accidents.

Article 10. Distribution and Use of Voluntary Contributions

1. Basis for distribution of voluntary contributions:

a) The extent of damage caused by natural disasters and accidents; the impact of epidemics;

b) General voluntary contributions for the community and those with specific conditions and addresses;

c) Voluntary contributions from organizations and individuals who have directly supported individuals and households affected by natural disasters, epidemics, and accidents (without going through the Mobilization Board).

2. The Central Mobilization Board shall take the lead and coordinate with ministries, ministerial-level agencies, and government agencies to distribute and use voluntary contributions received by the Central Mobilization Board to affected localities due to natural disasters, epidemics, and accidents.

3. Based on the guidance of the Central Mobilization Board, Mobilization Boards at the provincial level in areas not affected by natural disasters, epidemics, and accidents shall distribute voluntary contributions to affected localities.

4. Mobilization Boards at the local level affected by natural disasters, epidemics, and accidents, based on the guidance of higher-level Mobilization Boards, shall take the lead and coordinate with representatives of the same-level People's Committee and related agencies to decide on the content, amount, form, and recipients of support according to their assigned functions and tasks, ensuring it aligns with the actual situation, achieves the intended purpose, is effective, transparent, and distributes and uses support for people facing difficulties due to natural disasters, epidemics, and accidents. The implementation of support expenditures from voluntary contributions shall be carried out according to the provisions of Article 11 of this Decree.

5. Charitable funds shall be responsible for coordinating with the People's Committee receiving support to distribute voluntary contributions collected according to their purposes, operational scope, and informing the same-level Vietnam Fatherland Front Committee and contributors.

6. For voluntary contributions raised and received by enterprises, cooperatives, and other organizations with legal personality, the following shall apply:

a) Enterprises, cooperatives, and other organizations with legal personality shall be responsible for notifying the People's Committee receiving support (at the provincial, district, or commune level depending on the division of responsibilities; if necessary, contact the provincial People's Committee for detailed guidance) to cooperate in determining the scope, recipients, amount, and time of support and implementing the distribution and use of voluntary contributions raised, encouraging allocation according to the provisions of Clause 1, Article 11 of this Decree, except in cases where commitments are made with contributors as stipulated in Clause 5, Article 6 of this Decree. Contributions with specific conditions and addresses must be implemented according to the commitments and provisions of this Decree;

b) Within three working days from the date of notification, the People's Committee receiving support shall take the lead and coordinate with the same-level Mobilization Board (if applicable) to guide enterprises, cooperatives, and other organizations with legal personality regarding the scope, recipients, amount of support, and time for distributing voluntary contributions, ensuring safety for support activities, and dispatching forces to participate in the distribution of voluntary contributions when necessary or upon request from enterprises, cooperatives, and other organizations with legal personality;

c) Enterprises, cooperatives, and other organizations with legal personality shall be responsible for coordinating with contributors to develop plans for distributing and using remaining funds or materials collected, or transferring them to the Vietnam Fatherland Front Committees at various levels to implement social welfare policies consistent with the committed objectives with contributors. Continued distribution and use for addressing domestic difficulties caused by natural disasters, epidemics, and accidents shall be carried out according to the provisions of this Decree.

7. Unspent voluntary contributions received by Mobilization Boards at various levels shall be used for subsequent disaster relief efforts. Any surplus funds at the end of the year shall be carried over to the next year for continued implementation.

Article 11. Contents of Expenditure from Voluntary Contributions

1. The voluntary contributions without specific conditions or addresses shall be expended for the following purposes:

a) Supporting seriously injured persons and families with missing members due to natural disasters, epidemics, accidents; funeral expenses for families with deceased members due to natural disasters, epidemics, accidents;

b) Providing food, drinking water, medical supplies, and other essential necessities to people and households affected by natural disasters, epidemics, accidents;

c) Assisting households in repairing or rebuilding houses that have collapsed, been washed away, burned down completely, or severely damaged; relocating households urgently due to the risk of natural disasters or accidents to stabilize their lives;

d) Relocating people out of areas affected by natural disasters, epidemics, accidents;

đ) Setting up temporary shelters for people who need to relocate or lost their homes;

e) Environmental sanitation and infectious disease prevention in areas affected by natural disasters, epidemics, accidents;

g) Purchasing equipment, medical supplies, and essential goods to prevent and control epidemics;

h) Providing seeds, livestock, aquatic products, essential materials, equipment, fuel; production tools and means of production that have been lost or severely damaged due to natural disasters or accidents to restore production and support the improvement of agricultural land areas eroded or silted up;

i) Repairing and restoring infrastructure projects for disaster prevention and mitigation, transportation, communication, irrigation, potable water supply, power, schools, healthcare facilities, and other essential infrastructure projects that have been damaged;

k) Providing food allowances and living expenses for individuals facing difficulties due to natural disasters or accidents; individuals required to undergo quarantine measures during quarantine periods; people facing difficulties due to implementing preventive and control measures against epidemics as required by competent state authorities, and other forms of assistance decided by the provincial People's Committee;

2. After prioritizing expenditures according to the contents specified in Clause 1 of this Article, if there remains surplus voluntary contribution funds for addressing difficulties caused by natural disasters, epidemics, the People's Committee will coordinate with the local Campaign Board to decide on implementing social welfare policies in disaster-affected areas, ensuring they align with the actual situation of the locality and the objectives of the campaign;

3. In cases where voluntary contributions have specific addresses committed for repairing, restoring, upgrading, or constructing new essential infrastructure projects and other contents, the contributing organizations or individuals must coordinate with local authorities regarding the design, scale, quality, progress of repairs, construction of the project, and compliance with relevant planning regulations;

Article 12. Budget for Implementing Tasks of Mobilization, Reception, Distribution, and Utilization of Voluntary Contributions

1. The budget for implementing tasks of mobilization, reception, distribution, and utilization of voluntary contributions shall come from the annual operating budget of the agencies and units;

2. In cases where additional costs arise affecting the implementation of tasks, agencies and units assigned by the State to mobilize, receive, distribute, and utilize voluntary contributions must report to the financial authority at the same level to request supplementary funding according to current laws on state budget management;

3. Voluntary contributions received shall not be used to cover additional costs incurred by organizations, agencies, and units during the process of mobilization, reception, distribution, and utilization of voluntary contributions. If agreed upon by contributors, these costs may be covered from voluntary contributions but must be aggregated and publicly disclosed;

Costs arising from enterprises, cooperatives, and other organizations with legal personality during the process of mobilization, reception, distribution, and utilization of voluntary contributions shall be handled according to the financial management regulations of the organization and relevant laws.

Article 13. Financial Management, Construction, Reporting System

1. Projects for repairing, restoring, upgrading, and constructing new essential infrastructure works from voluntary contributions shall be managed in accordance with current laws on construction and state budget. In cases where projects for repairing, restoring, upgrading, and constructing new essential infrastructure works utilize part of voluntary contributions and part of public investment capital, they shall be managed in accordance with current laws on construction, public investment, and state budget.

2. Within thirty days after the conclusion of the campaign, the Provincial Mobilization Board shall report to the Central Mobilization Board to compile and prepare a report on the results of mobilization, receipt, distribution, utilization of funds and materials, and remaining funds and materials (if any), to be submitted to the Prime Minister, copied to the Ministry of Finance and relevant ministries and agencies. The Mobilization Boards at commune, district, and provincial levels shall report to their respective People's Councils and simultaneously send the reports to the financial authorities at the same level.

3. Organizations, agencies, and units receiving and distributing voluntary contributions to assist in overcoming difficulties caused by natural disasters, epidemics, and accidents shall have the responsibility to reflect the receipt and distribution in their financial reports according to current regulations.

a) State agencies, public service organizations, and military forces directly using voluntary contributions for their own agencies or units shall report to the competent authority to supplement the budget estimate and incorporate it into the state budget in accordance with current laws on state budget.

b) Enterprises, cooperatives, and other organizations with legal personality shall manage the financial aspects of voluntary contributions raised in accordance with this Decree and related laws.

4. Organizations, agencies, and units implementing campaigns to receive and distribute voluntary contributions for social and charitable activities that have independent organizational structures must maintain accounting books to record and account for economic transactions, prepare complete and transparent financial reports.

5. Organizations, agencies, and units implementing campaigns to receive and distribute voluntary contributions for social and charitable activities without independent organizational structures (assigned to concurrently manage) may be accounted for within the same accounting system of the unit, but must separately track revenues and expenditures for these activities, ensuring proper management and use for intended purposes; annually, they must prepare reports and publicly disclose data in accordance with the law, while separately explaining the data on social and charitable activities on the unit’s financial report clearly and distinctly.

6. For voluntary contributions in the form of materials used for projects to repair, restore, upgrade, and construct essential infrastructure works, based on the current unit price of materials, they shall be accounted for in the value of completed works and projects handed over to organizations, agencies, and units for management and tracking, not consolidated into the state budget.

7. Donations and asset support specifically for essential infrastructure works, equipment, the receipt, valuation, and management of such assets shall be carried out in accordance with current laws on the management and use of state assets. Organizations entrusted with managing assets shall account for the corresponding increase in asset value.

8. Organizations, agencies, and units implementing campaigns to receive and distribute voluntary contributions to assist in overcoming difficulties caused by natural disasters, epidemics, and accidents shall have the responsibility to provide information as required by competent authorities in accordance with the law.

Article 14. Publicizing Voluntary Contributions

1. Organizations mobilizing, receiving, distributing, and using voluntary contribution sources shall be responsible for publicly disclosing all relevant activities related to mobilization, receipt, distribution, and utilization of voluntary contributions fully, promptly, and accurately.

2. Content of disclosure:

a) Documents on organizing calls and mobilizing voluntary contributions;

b) Results of mobilization (total amount of money and goods received), distribution of money and goods from voluntary contributions of organizations and individuals;

c) Recipients, policies, and levels of support for overcoming difficulties caused by natural disasters, epidemics, and accidents;

d) Organizations, agencies, and units directly receiving voluntary contributions shall publicly disclose the time, location, and methods of receiving voluntary contributions in terms of money and goods.

3. Forms of publicizing:

a) Publicizing on the official website of the organization, agency, or unit;

b) Posting at the workplace of the organization, agency, or unit and community activity locations (village, hamlet, commune, village, ward, residential quarter);

c) Notifying in writing to relevant agencies participating in the process of mobilizing, receiving, distributing, and utilizing voluntary contributions to overcome difficulties caused by natural disasters, epidemics, and accidents; publicizing through mass media.

Implementing at least one of the three forms of publicizing specified in Clause 3 of this Article; among which, it is mandatory to publicize on the official website of the organization, agency, or unit; in cases where there is no official website, posting at the workplace must be implemented.

4. Time of publicizing:

a) Publicizing documents on organizing calls and mobilizing organizations and individuals to contribute money and goods immediately after issuance;

b) Publicizing the time, location, and method of receiving voluntary contributions at least one to three days before the start of the implementation;

c) Publicizing results of mobilization, receipt, and distribution of voluntary contributions: Publicizing the total amount of money and goods mobilized and received no later than fifteen days after the end of the receipt period; publicizing the total amount of money and goods distributed and utilized no later than thirty days after the end of the distribution and utilization period;

d) Publicizing recipients of support, support policies, and levels of support immediately when starting to provide support and distribute voluntary contributions.

5. Duration of publicizing:

a) Publicly posting at the organization's, agency's, or unit's workplace, community activity locations, and publicizing on the official website for thirty days;

b) Publicizing on mass media: three consecutive issues of newspapers, three consecutive days on radio and television programs.

Article 15. Work on Receiving, Distributing, and Using Voluntary Contributions from Foreign Organizations and Individuals

1. The reception, management, and use of international aid from foreign governments, international organizations, organizations authorized by foreign governments, non-governmental organizations, and other foreign organizations and individuals aimed at disaster relief and mitigation shall be carried out in accordance with the provisions of Decree No. 50/2020/NĐ-CP dated April 20, 2020 of the Government on the reception, management, and use of emergency international aid for disaster relief and mitigation.

2. Management and use of non-reimbursable aid not included in official development assistance from foreign agencies, organizations, and individuals for humanitarian purposes shall be carried out in accordance with the provisions of Decree No. 80/2020/NĐ-CP dated July 8, 2020 of the Government on the management and use of non-reimbursable aid not included in official development assistance from foreign agencies, organizations, and individuals for Vietnam.

Article 16. Work on receiving, distributing, and using voluntary contributions from the Red Cross system

The work of receiving, distributing, using, and publicly disclosing voluntary contributions to support the mitigation of difficulties caused by natural disasters, epidemics, and accidents by the Red Cross from central to local levels shall be carried out in accordance with the current laws on Red Cross activities and relevant laws.

Section 2.

REGULATIONS ON INDIVIDUALS PARTICIPATING IN RAISING FUNDS, RECEIVING AND DISTRIBUTING

COORDINATING AND UTILIZING VOLUNTARY CONTRIBUTIONS TO OVERCOME

DIFFICULTIES CAUSED BY NATURAL DISASTERS, EPIDEMICS, AND INCIDENTS WITHIN THE COUNTRY

Article 17. Raising funds and receiving voluntary contributions

1. When raising funds, receiving, and distributing voluntary contributions to support natural disasters, epidemics, and accidents, individuals have the responsibility to announce on mass media about the purpose, scope, method, form of fundraising, account for receiving (for money), location for receiving (for goods), commitment time for distribution, and send a written notice to the People's Committee of the commune where they reside according to the Notice issued together with this Decree. The People's Committee of the commune has the responsibility to store for monitoring and providing information when requested by contributing organizations or individuals or competent authorities to serve guidance, monitoring, inspection, supervision, and handling violations.

2. Individuals open separate accounts at commercial banks for each fundraising campaign to receive, manage all voluntary contributions, arrange appropriate locations to receive, manage, and preserve voluntary goods during the reception period; issue receipts for voluntary contributions in cash and goods received upon request by contributing organizations or individuals. Individuals are not allowed to receive additional voluntary contributions after the end of the committed reception period and have the responsibility to notify the bank about stopping the receipt of voluntary contributions.

Article 18. Distribution and use of voluntary contributions

1. Based on the voluntary contributions of each fundraising campaign, individuals have the responsibility to inform the People's Committee of the place receiving support (provincial, district, commune level depending on the classification; if necessary, contact the provincial People's Committee for specific guidance) no later than to coordinate in determining the scope, target, amount, and time of support and implement distribution and use in accordance with the commitment under Clause 1, Article 17 of this Decree and the provisions of this Decree, including contributions with conditions and specific addresses (if any).

2. Within the latest three working days from the date of receipt of the notification, the People's Committee of the place receiving support shall take the lead, coordinate with the Mobilization Board at the same level (if any) to guide individuals on the scope, target, amount of support, time for implementing the distribution of voluntary contributions and create favorable conditions to ensure safety for support activities; dispatch forces to participate in the distribution of voluntary contributions when necessary or at the request of individuals.

3. Encourage individuals to allocate from voluntary contributions according to the contents stipulated in Clause 1, Article 11 of this Decree, except in cases implemented according to commitments with contributing organizations or individuals.

4. Individuals raising funds have the responsibility to unify with contributing organizations or individuals to develop plans for distributing and using remaining voluntary contributions or transfer them to the Vietnam Fatherland Front Committees at various levels to implement social welfare policies consistent with the goals committed to contributing organizations or individuals. The continued distribution and use to mitigate difficulties caused by natural disasters, epidemics, and accidents within the country shall be carried out in accordance with the provisions of this Decree.

Article 19. Financial Management and Transparency of Voluntary Contributions

1. Costs for fundraising, receiving, distributing, and utilizing voluntary contributions shall be borne by the individual initiating the fundraising. If contributors agree, the individual may use funds from voluntary contributions but must aggregate and disclose these expenses.

2. Voluntary contributions raised, received, distributed, and utilized to address the aftermath of natural disasters, epidemics, and accidents shall not be aggregated into the state budget. In cases where support involves repairing, constructing essential infrastructure projects, purchasing equipment, organizations, agencies, and units receiving, distributing, and utilizing such funds shall manage finances according to Clause 3, Article 13 of this Decree; in cases where specific assets such as essential infrastructure and equipment are provided from voluntary contributions raised, received, distributed, and utilized to support administrative agencies and public service units, they shall follow the regulations set out in Clause 7, Article 13 of this Decree for receiving, valuing, and managing assets.

3. Voluntary contributions raised, received, distributed, and utilized to address the aftermath of natural disasters, epidemics, and accidents must ensure transparency and clarity. Individuals are responsible for maintaining detailed records of information on the results of receiving, distributing money and goods according to the supported groups and areas, including conditional receipts with specific addresses (if applicable), and publicly disclosing such information as stipulated in Clause 2, Article 14 of this Decree through media outlets and submitting written results to the People's Committee of their residential commune for public display at the office premises for thirty days. The timing of disclosure shall be carried out as prescribed in Clause 4, Article 14 of this Decree.

4. Individuals engaged in fundraising, receiving, and distributing voluntary contributions to assist in overcoming difficulties caused by natural disasters, epidemics, and accidents shall be responsible for providing information upon request by competent authorities as required by law.

Section 3.

REGULATIONS ON ORGANIZATIONS PARTICIPATING IN RAISING AND RECEIVING VOLUNTARY CONTRIBUTIONS TO ASSIST OTHER COUNTRIES AFFECTED BY NATURAL DISASTERS

VOLUNTARY CONTRIBUTIONS TO ASSIST OTHER COUNTRIES AFFECTED BY NATURAL DISASTERS

Article 20. Mobilizing Voluntary Contributions

The Ministry of Foreign Affairs shall take the lead and coordinate with the Vietnam Red Cross Society to report to the Prime Minister to issue appeals for supporting people in other countries affected by natural disasters, and serve as the focal point for Vietnam’s assistance to other countries under government directives.

Article 21. Receiving and Distributing Voluntary Contributions

1. All levels of the Vietnam Red Cross Society shall open accounts at the State Treasury or commercial banks to receive voluntary contributions supporting people in other countries.

2. All received funds shall be deposited into the accounts of all levels of the Vietnam Red Cross Society and transferred to the account of the Vietnam Red Cross Society.

3. Within thirty days from the end of the fundraising campaign, based on number the amount of voluntary contributions collected, the Vietnam Red Cross Society shall cooperate with the Ministry of Foreign Affairs to transfer funds and materials to the affected country. In cases where the fundraising campaign supports multiple countries affected by natural disasters, the Ministry of Foreign Affairs shall coordinate with the Vietnam Red Cross Society and relevant agencies to report to the Prime Minister for specific support decisions for each affected country.

4. Funds supporting other countries affected by natural disasters shall not be aggregated into the state budget. The Vietnam Red Cross Society shall be responsible for reporting final financial statements according to current financial regulations.

5. All levels of the Vietnam Red Cross Society shall publicly disclose the receipt, distribution, and utilization of voluntary contributions supporting people in other countries in accordance with Article 16 of this Decree.

Section 4.

REGULATIONS ON ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN RAISING, RECEIVING, AND UTILIZING VOLUNTARY CONTRIBUTIONS TO SUPPORT PATIENTS WITH POVERTY-RELATED ILLNESSES

RECEIVING AND USING VOLUNTARY CONTRIBUTIONS TO SUPPORT

PATIENTS WITH POOR HEALTH CONDITIONS

Article 22. Mobilizing Voluntary Contributions

Mass media agencies, healthcare facilities, charitable funds, organizations with legal personality, and individuals mobilize and contribute to support patients suffering from serious illnesses on a case-by-case basis.

Article 23. Receiving, Managing, and Using Voluntary Contributions

1. Mass media agencies, healthcare facilities, charitable funds, and organizations with legal personality open accounts at the State Treasury or commercial banks to receive voluntary contributions and provide direct support to patients suffering from serious illnesses; they publicly disclose the amount raised, the amount already provided to patients, and any remaining unused funds (if applicable) through various media channels or by posting notices at their offices and notify the People's Committee of the commune where the patient resides.

2. Individuals receiving voluntary contributions and using them for direct support to patients suffering from serious illnesses must compile comprehensive information about the results of receiving and utilizing voluntary contributions to support such patients and make this information public through various media channels.

3. Voluntary contributions mobilized, received, and used by organizations and individuals to support patients suffering from serious illnesses are not consolidated into the state budget. Organizations, agencies, and units that mobilize, receive, and use voluntary contributions to support such patients must reflect these activities in their financial reports according to current regulations.

Article 24. Costs for Mobilization Activities, Receiving, and Distribution

1. Costs arising from mobilizing contributions, receiving, and distributing donated items and transferring support funds to patients suffering from serious illnesses are covered by the operating expenses of the organization.

2. Costs for mobilizing, receiving, distributing, and using voluntary contributions by individuals who initiate the mobilization are self-funded. If contributors agree, these costs can be covered from the voluntary contributions but must be compiled and made public.

Chapter III
IMPLEMENTING PROVISIONS

Article 25. Responsibilities of the Vietnam Fatherland Front Committee, Vietnam Red Cross, and Ministries, Sectors, and Localities

1. The Standing Office of the Central Vietnam Fatherland Front Committee and Vietnam Red Cross are responsible for organizing, directing, and guiding the mobilization, receipt, distribution, and use of voluntary contributions to support people and localities affected by natural disasters, epidemics, and accidents. At all levels, the Vietnam Fatherland Front Committees and political-social organizations supervise implementation according to the law.

2. The Ministry of Labor, Invalids, and Social Affairs is responsible for leading and coordinating with relevant ministries and sectors to implement social assistance policies, monitor, inspect, and audit the receipt, distribution, and use of voluntary contributions to support people and localities affected by accidents to ensure compliance with regulations and policies.

3. The Ministry of Health is responsible for:

a) Leading and coordinating with relevant ministries and sectors to issue a list of serious illnesses;

b) Leading and coordinating with relevant ministries and sectors to organize implementation, monitor, inspect, and audit the provision of support for infectious disease prevention and treatment, and support for patients with serious illnesses to ensure compliance with regulations and policies.

4. The Ministry of Agriculture and Rural Development leads and coordinates with relevant ministries and sectors to organize implementation, monitor, inspect, and audit the receipt, distribution, and use of voluntary contributions to support people and localities affected by animal epidemics and plant pests to ensure compliance with regulations and policies.

5. The Ministry of Foreign Affairs is responsible for leading and coordinating with the Vietnam Red Cross to organize mobilization, receipt, and distribution of voluntary contributions to support other countries affected by natural disasters.

6. The Ministry of Finance is responsible for coordinating with the Central Vietnam Fatherland Front Committee and related agencies to manage voluntary contributions transferred into the central budget according to current laws on the state budget; organizing inspections and audits of the receipt, distribution, and use of voluntary contributions to support disaster relief efforts; providing guidance on resolving issues arising during the implementation of this Decree.

7. The Ministry of Natural Resources and Environment, the Ministry of Construction, and the Ministry of Industry and Trade, within their assigned functions and tasks, are responsible for implementing, monitoring, inspecting, and handling environmental pollution, power supply, water supply, essential goods supply, and market stabilization caused by natural disasters, epidemics, and accidents.

8. Provincial People's Committees have the responsibility to:

a) Coordinate with the provincial Vietnam Fatherland Front Committee and provincial Vietnam Red Cross to issue regulations on cooperation in implementing mobilization, receipt, distribution, and use of voluntary contributions to support disaster relief efforts; clearly defining principles of cooperation, forms and contents of cooperation, inspection, supervision, and responsibilities of related agencies according to this Decree; if voluntary contributions are transferred into the local budget, management shall be carried out according to current laws on the state budget and related legal documents;

b) Provide and update information on the development of natural disasters, epidemics, and accidents, and the damage caused by them on the website of the agency to serve support work.

9. Mass media agencies cooperate with relevant agencies to accurately and promptly report on the mobilization, receipt, distribution, and use of voluntary contributions to support disaster relief efforts and assist patients with serious illnesses.

Article 26. Effective date

1. This Decree shall take effect from December 11, 2021, and replace Government Decree No. 64/2008/NĐ-CP dated May 14, 2008, on mobilizing, receiving, distributing, and using voluntary contributions to support people in overcoming difficulties caused by natural disasters, fires, serious accidents, and patients with severe diseases.

2. The list of severe diseases specified in current legal documents shall continue to be applied for mobilizing, receiving, and using voluntary contributions to support patients with severe diseases until the list of severe diseases prescribed in point a, Clause 3, Article 25 of this Decree is issued and takes effect by the Ministry of Health.

Article 27. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, other central agencies, and Chairpersons of provincial People's Committees under the Central Government shall be responsible for implementing this Decree./.

 

ANNEX

MODEL ANNOUNCEMENT OF ORGANIZATION/INDIVIDUAL ON THE ORGANIZATION AND RECEIPT OF VOLUNTARY CONTRIBUTIONS TO OVERCOME DIFFICULTIES CAUSED BY NATURAL DISASTERS, DISEASES, AND INCIDENTS
(Pursuant to Government Decree No. 93/2021/NĐ-CP dated October 27, 2021)

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

ANNOUNCEMENT ON THE ORGANIZATION AND RECEIPT OF VOLUNTARY CONTRIBUTIONS TO OVERCOME DIFFICULTIES CAUSED BY NATURAL DISASTERS, DISEASES, AND INCIDENTS

Respectfully submitted to: People's Committee of commune/district/town ...

Name of organization/person: ... Date of birth (for individuals): ...

ID card/passport/business registration number: ... Issued at, date: ...

Legal representative's name (for organizations): ...

Field of operation (for organizations): ...

Place of residence/head office address: ...

Contact phone number: ...

We hereby notify the People's Committee ... about the organization and receipt of voluntary contributions to overcome the consequences of natural disasters, diseases, and incidents as follows:

1. Purpose of the campaign: ...(1)

2. Method of organizing the campaign: ...(2)

3. Scope of the campaign: ...(3)

4. Target of the campaign: ...(4)

5. Time of the campaign and receipt: ...(4)

6. Method of receipt: ...(5)

7. Account for receipt (for money): ...

8. Location for receipt (for goods): ...

9. Commitment time for distribution: ...(6)

10. Use of funds raised for activities related to organizing, receiving, transporting, and distributing voluntary contributions: Yes □ No □

I solemnly commit to organizing the campaign and receipt of voluntary contributions to overcome the consequences of natural disasters, diseases, and incidents in accordance with the provisions of the law.

 

Note:

(1): Specify the scope, target, and duration of support.

(2): Specify the method of organizing the campaign such as through mass media, social networks, or other methods.

(3): Specify the area of the campaign (including both domestic and foreign areas).

(4): Specify the start and end dates of the campaign and receipt of voluntary contributions. The receipt period shall not exceed 90 days from the start date of the campaign.

(5): Specify the types of money and specific goods received.

(6): The distribution period shall be carried out during the campaign and receipt process and must be completed no later than 20 days from the end of the receipt period.