THE GOVERNMENT --------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ----------
No. 148/2007/ND-CP	Hanoi, September 25, 2007

DECREE

ON THE ORGANIZATION AND OPERATION OF SOCIAL FUNDS AND CHARITY FUNDS

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to the June 14, 2005 Civil Code;

At the proposal of the Minister of Home Affairs,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope and subjects of application

1. This Decree provides for the organization and operation of social funds and charity funds (below collectively referred to as funds).

2. This Decree applies to:

a/ Vietnamese individuals and organizations, joint-venture enterprises and enterprises with 100% foreign investment capital lawfully set up and operating in Vietnam and engaged in the establishment and operation of funds;

b/ Foreign individuals and organizations that contribute their properties with Vietnamese individuals or organizations for the establishment and operation of funds.

Article 2. Purposes of organization and operation of funds

Funds are organized and operate on a not-for-profit basis for the purposes of promoting the development of culture, education, healthcare, physical training and sports and science, charity and humanitarian purposes, and community development purposes.

Article 3. Interpretation of terms

In this Decree, the terms below as construed as follows:

1. Fund means a non-governmental organization with the legal person status established from a certain property voluntarily donated by one or several individuals or organizations or established under a contract or testament for supporting on a not-for-profit basis activities in the domains of culture, education, healthcare, physical training and sports and science, charity and humanitarian activities and other activities in the interest of communities; funds are established with the permission of have their charters recognized by competent state agencies.

2. Not-for-profit means non-pursuit of profits for sharing; the use of profits earned in the operation process for activities specified in the charter.

3. Contribution of property means the transfer of lawful property of individuals or organizations to funds in the form of contract, donation or testament of those who bequeath their property or in other forms.

Individuals and organizations that have contributed their property to funds no longer have the right to own and civil liability for such property.

Article 4. Principles on operation and financial management of funds

1. Funds are set up and operate for not-for-profit purposes.

2. Funds operate on the principle of voluntariness, self-financing and taking responsibility before law with their own property.

3. Funds operate under their charters recognized by competent state agencies, this Decree and other relevant legal provisions.

4. Funds shall make public all their revenues and expenditures and ensure financial and asset transparency as provided for by law.

Article 5. State policies for funds

1. When performing tasks assigned by competent state agencies, funds are provided with state budget support according to law.

2. Property contributed by individuals and organizations to funds and funds activities for the purposes of developing culture, education, healthcare, physical training and sports and science, for charity and humanitarian purposes or for community benefits are entitled to preferential policies according to law.

Article 6. Funds legal person status, seals, bank accounts, names, logos and addresses

1. Funds have the legal persons status, own seals and bank accounts.

2. Funds select their names and logos. The name and logo of a fund must meet the following conditions:

a/ Not being identical to or causing confusion with names or logos of other funds already registered;

b/ Not contravening historical, cultural and moral traditions or fine national customs;

c/ The name must be in or transcribed into Vietnamese and may be additionally written in one or several foreign languages in smaller font sizes.

3. A fund must have a specific address.

Article 7. Prohibited acts

1. Abusing the establishment of funds for self-seeking purposes or carrying out illegal activities.

2. Infringing upon lawful rights and interests of individuals, organizations or communities; causing harm to national interests, security, defense or national solidarity.

3. Contravening social morality, fine national custom, practices and traditions and national identity.

4. Falsifying, erasing, transferring, leasing or lending fund establishment licenses in any forms.

5. Laundering money, sponsoring terrorism and other illegal activities.

Chapter II

CONDITIONS AND PROCEDURES FOR ESTABLISHMENT OF FUNDS

Article 8. Founding members

1. Founding members of a fund must fully meet the following conditions:

a/ Vietnamese citizens who are aged full 18 years or older and have full civil act capacity may establish a fund;

b/ Vietnamese organizations, joint-venture enterprises or enterprises with 100% foreign investment capital which are lawfully established in Vietnam, capable of contributing property to a fund as committed and their leaderships have reached written agreement on the establishment of a fund and made decisions on the appointment of representatives to establish a fund;

c/ Individuals or organizations that receive testamentary legacies and are obliged to establish a fund at the request of those who bequeath or donate their property under a contract on the establishment of a fund may establish a fund;

d/ Foreign individuals and organizations may contribute their property with Vietnamese individuals or organizations to establish a fund in Vietnam.

2. For funds with two or more founding members:

a/ Founding members shall set up a fund founding board;

b/ A fund founding board is composed of a head, a deputy head and founding members;

c/ The fund founding board shall compile a dossier of application for permission to establish a fund as prescribed in Article 10 and send it to a competent agency specified in Article 14 of this Decree.

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