| THE MINISTRY OF FOREIGN AFFAIRS ------- No. 05/2012/TT-BNG | SOCIALIST REPUBLIC OF VIETNAM Independence– Freedom – Happiness --------------- Hanoi , November 12, 2012 |
CIRCULAR
GUIDING IMPLEMENTATION OF THE GOVERNMENT’S DECREE NO. 12/2012/ND-CP, OF MARCH 01, 2012 ON REGISTRATION AND OPERATION MANAGEMENT OF FOREIGN NON-GOVERNMENTAL ORGANIZATIONS IN VIETNAM
Pursuant to the Law on Government organization, of December 25, 2001;
Pursuant to the Decree No. 15/2008/ND-CP, of February 04, 2008 defining the functions, tasks, powers and organizational structure of the Ministry of Foreign Affairs;
Pursuant to the Government’s Decree No. 12/2012/ND-CP, of March 01, 2012 on registration and operation management of foreign non-governmental organizations in Vietnam;
The Minister of Foreign Affairs promulgates Circular guiding implementation of the Government’s Decree No. 12/2012/ND-CP, of March 01, 2012 on registration and operation management of foreign non-governmental organizations in Vietnam (hereinafter referred to as the Decree) as follows:
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application (specified in Article 1 of the Decree):
1. The Decree applies to Ministries, branches, provincial People’s Committees, local agencies managing foreign non-governmental organizations (NGOs), Vietnamese partner agencies, non-governmental organizations, non-profit organizations, social funds, private funds or other social or non-profit organizations, which are established under foreign laws and carry out development assistance and humanitarian aid activities not for profit or other purposes in Vietnam.
2. The Decree does not apply to individuals conducting charitable, humanitarian activities in Vietnam.
Article 2. General provisions on registration for foreign NGOs in Vietnam (specified in from Article 5 to Article 15 of the Decree):
1. Pursuant to the Ordinance on conclusion and implementation of international agreements promulgated on 20th April, 2007 of the Standing committee of the National Assembly, before implementing activities in Vietnam, heads of foreign NGOs need conclude “Frame Agreement” with Vietnamese competent agencies, organizations (being Vietnamese agencies specified in Article 1 of the Ordinance), in which stating clearly rights, duties, commitments for activities, humanitarian, development of such organizations in Vietnam. If a foreign NGO has no Vietnamese partner agency to conclude “Frame Agreement”, the standing agency of committee will be agency concluding “Frame Agreement” and must take opinion in writing of the Ministry of Foreign Affairs before concluding.
2. To complete and submit valid dossier of registration to the Standing agency of the Committee for Foreign NGO Affairs in order to implement procedures as prescribed from Article 6 to Article 14 of the Decree.
3. The Ministry of Foreign Affairs shall consider, grant, extend, amend, supplement or withdraw the Registration on the basis of appraisal opinion of members of the Committee. The foreign NGOs are only permitted to implement activities after being granted certificate of registration, except cases specified in clause 1, Article 8 of this Circular. The foreign NGOs conducting activities when having not yet registered, the Standing agency or competent relevant agencies shall request such organizations temporarily stop their activities within 15 days, in order to do procedures for registration and when being granted the certificate of registration, they can continue activities.
4. Ministries, sectors and localities and Vietnamese partners are not permitted to implement activities cooperating with foreign NGOs when such organizations have not yet registered as prescribed, except cases specified in clause 1, Article 8 of this Circular.
Article 3. The process of appraisal and grant of new registration and extension, supplement, amendment of kinds of registration:
a) Within 35 working days, as from fully receiving the valid dossier, the standing agency of Committee ask for consults of relevant agencies and People’s Committee of province where the foreign NGO anticipated to register for operation. Agencies being consulted must answer within 20 working days.
