Vietnamlawmagazine

On March 1, the Government issued Decree No. 12/2012/ND-CP on the operation registration and management of foreign non-governmental organizations in Vietnam.

The new regulation is applicable to non-governmental organizations (NGOs), non-profit organizations, social or private funds, and other social or non-profit organizations established under foreign laws and carrying out activities of development assistance and humanitarian aid not for profit or other purposes in Vietnam.

In order to be licensed for operation in Vietnam, foreign NGOs must have the legal person status under laws of countries where they have been founded, clear operation charters and principles, and plans for humanitarian and development activities in Vietnam through programs, projects and non-project aid in line with the Vietnamese State’s socio-economic development policies.

These organizations are prohibited from (i) organizing or conducting political and religious activities detrimental to national interests, security, defense or solidarity, (ii) organizing, conducting or joining in profit-making activities, (iii) involving in money-laundering or terrorist activities, and (iv) conducting activities harmful to social ethics, fine traditions and customs and national identities.

A NGO may be granted a registration certificate in any of the three forms: operation registration certificate, certificate of registration for establishment of project office or certificate of registration for establishment of representative office. Such a certificate is valid for 3 years instead of one year as at present.

NGOs are encouraged to implement long-term projects of at least 5 years in humanitarian and development domains and may apply for registration certificates by direct filing to the Committee for Foreign Non-Governmental Organization Affairs and get a certificate within 45 days.

This Decree takes effect on June 1, 2012, and replaces Prime Minister Decision No. 340/TTg of May 24, 1996.-