Decree 93/2021 has been issued to tighten personal charity work

Recently, the charity activities of individuals, especially artists, have received great attention from the public. In 2008, the Government issued Decree No. 64/2008/ND-CP; Thereby, organizations and units have called and mobilized voluntary contributions to help people overcome the consequences of natural disasters, fires, and serious incidents, contributing to stabilizing their lives. However, up to now, the implementation of Decree 64/2008/ND-CP has arisen some shortcomings.

From the above situation, the Government issued Decree No. 93/2021/ND-CP to replace Decree No. 64/2008/ND-CP.

Decree 93/2021/ND-CP has expanded in scope and application compared to Decree 64/2008/ND-CP in order to mobilize maximum resources from society to support overcoming difficulties due to natural disasters, epidemics, incidents.

Expanding the scope of application

Decree 93/2021/ND-CP has added the National Steering Committee for Natural Disaster Prevention and Control (in emergency situations of natural disasters, it is necessary to call for voluntary contributions from the international); ministries, ministerial-level agencies and agencies attached to the Government; Provincial and district People’s Committees; enterprises, cooperatives, other organizations with legal status and individuals with full civil act capacity.

Charity call duration

The campaign was launched right after natural disasters, epidemics, and incidents occurred. The duration to receive voluntary contributions to overcome consequences of natural disasters, epidemics and incidents does not exceed 90 days from the date of starting the campaign (except for the case of implementation as committed with the organization, individual contributors).

In addition, the duration for distribution is made right during the process of campaigning, receiving and ending within 20 days from the end of the receiving period (unless it is done according to commitments with the organization), individual contributors).

Ensure publicity and transparency of revenues and expenditures

To ensure publicity and transparency when individuals mobilize, receive and distribute voluntary contributions, the Decree specifically stipulates as follows:

Firstly, when campaigning, individuals are responsible for informing in the media about the purpose, scope, method, form of campaigning, the receiving account (with money), the receiving location (in kind), delivery commitment period; at the same time, the campaigner sends a document to the commune-level People’s Committee of the place of residence to notify this content.

Commune authorities will store to monitor and provide information upon request of organizations and individuals contributing or receiving support and competent agencies for guiding, monitoring, inspecting and controlling, investigating, monitoring and handling violations.

Second, individuals participating in the campaign must open a separate account at a bank for each campaign, in order to receive and manage all contributions; arrange places to receive and preserve donated artifacts; have a receipt for the cash or in-kind contributions received if the contributor requests it and no further voluntary contributions are accepted after the end of the committed receiving period; is responsible for notifying the place of opening the account of the cessation of receiving voluntary contributions.

Thirdly, individuals mobilizing donations shall notify the locality where the support is received to coordinate in determining the scope and group of people in need of support, the level of support, and the duration of support. Within 3 working days, the local government where the support is received must guide the above contents; send forces to distribute with the campaigner when necessary or at the request of that person.

If the amount of the voluntary contribution is left over, the person who campaigned to agree with the contributors to have a plan to use; or transfer to the Fatherland Front at all levels to implement social security policies to ensure conformity with the committed objectives.

Fourth, individuals who campaign for relief must pay all related costs by themselves, such as costs of receiving, distributing, and using donations… In case the contributing organizations and individuals agree, the campaigning individuals may deduct funds from the mobilized sources but must synthesize and publicize these expenses.

Fifth, in order to ensure the publicity and transparency of voluntary contributions mobilized and distributed by individuals to overcome the consequences of natural disasters and epidemics, campaigners need to open a logbook full of information about this process, from receipt to distribution; publicize in the media and send the results to the commune-level People’s Committee of the place of residence for posting at the headquarters within 30 days.

Public contents include: documents campaigning for relief; reception results (total amount of money and in-kind received); distribution results… At the request of competent authorities, relief advocates are responsible for providing information.

​​Decree 93 takes effect from December 11, 2021.

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