On 27th October 2021, the Government issued ‘Decree No. 93/2021/ND-CP’ detailing the mobilization, receipt, distribution and use of voluntary contributions towards relief from natural disasters, epidemics, incidents, and providing financial aid to patients with critical illnesses. This Decree replaces’ Decree No. 64/2008/ND-CP’ and will take effect from 11th December 2021.
The promulgation of this above Decree led to overcoming major obstacles to charity activities in Vietnam. It has created a stronger legal corridor for organizations and individuals to mobilize, receive and distribute voluntary contributions and also for those supporting such charitable activities.
The following article hall refer to the outstanding provisions of ‘Decree No. 93/2021/ND-CP’ in mobilizing, receiving and distributing voluntary contributions made by individuals.
‘Decree No. 93/2021/ND-CP’ (“New Decree”) has added more subjects who can mobilize, receive and distribute voluntary contributions. Apart from ‘Central Committee of the Fatherland Front’, and ‘Vietnam Red Cross Association’ at all levels and the agencies/units run by these organizations, central and local mass media agencies, social funds, and charity funds, the new Decree adds the following subjects:
So, ‘Decree No. 64/2008/ND-CP’ (“Old Decree”) did not who were allowed to conduct charity.
In recent years, individuals making charitable donations have risen but there were no regulations governing the mobilization of such individual contributions. Absence of regulation without ban on such activities encourages individuals to do charity leading to individual philanthropy without principles, inconsistency, and charity profiteering. This causes distrust and bad opinion among the society.
Thankfully, the new Decree has created a legal basis for managing the mobilization and donation of money by individuals, in line with moral and ethical principles.
Firstly, when mobilizing, receiving and distributing voluntary donations to provide relief activities during natural disasters, epidemics and incidents, individuals are responsible for announcing such activities on the media. The notice must include details like:
Second, the individual must send a notification letter to the commune-level ‘People’s Committee’ at the place of his/her residence in prescribed form to help monitor and provide information at the request of organizations and individuals contributing or receiving. This also helps the authorities to guide, monitor, inspect, examine, supervise and handle violations. The notice includes information as disclosed in the social media.
When mobilizing, receiving and distributing voluntary contributions to support natural disasters, epidemics, and incidents, individuals are responsible for complying with the following requirements:
After mobilizing and receiving voluntary contributions, individuals must perform the following tasks:
Individuals performing volunteering activities through advocacy and receiving voluntary contributions are responsible for providing transparent information as follows:
The content and time of publication are also specified as follows:
Thus, the provisions of ‘Decree 93/2021/ND-CP’ have laid down the legal requirements for individuals calling for charity, creating favorable conditions for individuals to mobilize, receive, distribute, and utilize voluntary donations for charity. This ensures the spirit and fairness of charitable activities. On the other hand, the promulgation of the above regulations also helps state agencies to manage this sensitive field effectively and synchronously, avoiding inequities in the process. Most importantly, this prevents distortion and profiteering from volunteer work.
Published time: November 29, 2021
The article is based on the current law at the time of recording as above and may no longer be relevant at the time readers access this article due to changes in applicable law and specific cases that the reader wants to apply. Therefore, the article is for reference only.
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