Nghị định 93/2021/NĐ-CP tiếp nhận và sử dụng nguồn đóng góp tự nguyện hỗ trợ thiên tai, dịch bệnh, bệnh nhân mắc bệnh hiểm nghèo

DECREE

On mobilization, receipt, distribution and use of voluntary contributions for people to overcome difficulties caused by natural disasters, epidemics or incidents, support patients with critical illnesses

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Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Organization of Local Administration dated June 19, 2015;

Pursuant to the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on the Vietnam Fatherland Front dated June 09, 2015;

Pursuant to the Law on Prevention and Control of Infectious Diseases dated November 21, 2007;

Pursuant to the Law on Red-Cross Activities dated June 03, 2008;

Pursuant to the Law on Plant Protection and Quarantine dated November 25, 2013;

Pursuant to the Law on Law on Animal Health dated June 19, 2015;

Pursuant to the Law on the State Budget dated June 25, 2015;

Pursuant to the Civil Code dated November 24, 2015;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013, and the Law Amending and Supplementing a Number of Articles of the Law on Natural Disaster Prevention and Control and the Law on Dikes dated June 17, 2020; 

At the proposal of the Minister of Finance;

The Government hereby promulgates the Decree on mobilization, receipt, distribution and use of voluntary contributions for people to overcome difficulties caused by natural disasters, epidemics or incidents, support patients with critical illnesses.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides regulations on mobilization, receipt, distribution and use of voluntary contributions of foreign and domestic organizations and individuals for people to overcome difficulties caused by natural disasters, epidemics, or incidents; support patients with critical illnesses.

2. This Decree does not regulate the supports from superior-level budgets for lower-level budgets, from one locality to others’ budgets to overcome difficulties caused by natural disasters, epidemics, or incidents. The receipt, distribution and use of supports from state budget shall comply with current laws on state budget.

Article 2. Subjects of application

1. Organizations and individuals that mobilize, receive and distribute voluntary contributions, including:

a) The Vietnam Fatherland Front Committee that calls for, and mobilizes; Committees for mobilization, receipt and distribution of voluntary contributions (such Committees are organizations established by the Standing Boards of Vietnam Fatherland Front Committees at the same levels - hereinafter referred to as the Mobilization Committees) that receive and distribute voluntary contributions to overcome difficulties caused by natural disasters, epidemics or incidents;

b) The Vietnam Red Cross Society that mobilizes, receives and distributes voluntary contributions to overcome difficulties caused by natural disasters, epidemics or incidents;

c) Ministries, ministerial-level agencies, and government-attached agencies, provincial-level People's Committee, district-level People's Committee that mobilize, receive and distribute voluntary contributions to overcome difficulties caused by natural disasters, epidemics or incidents. Commune-level People’s Committee that receives and distributes voluntary contributions as authorized by the district-level People’s Committee according to law regulations;

d) The National Steering Committee for Natural Disaster Prevention and Control that mobilizes and receives international voluntary contributions in natural disaster-related emergency circumstances;

dd) Mass media agencies and health establishments that mobilize, receive and support patients with critical illnesses;

e) Charity funds prescribed in the Government’s Decree No. 93/2019/ND-CP dated November 25, 2019, on the organization and operation of social funds and charity funds (hereinafter referred to as charity funds) that mobilize, receive and distribute voluntary contributions to overcome difficulties caused by natural disasters, epidemics or incidents, and support patients with critical illnesses;

g) Enterprises, cooperatives and other organizations with legal status that participate in mobilizing, receiving and distributing voluntary contributions to overcome difficulties caused by natural disasters, epidemics or incidents; support patients with critical illnesses;

h) Individuals with full civil act capacity that participate in mobilizing, receiving and distributing voluntary contributions to overcome difficulties caused by natural disasters, epidemics or incidents; support patients with critical illnesses.

2. Organizations and individuals that make voluntary contributions in order to support people to overcome difficulties caused by natural disasters, epidemics or incidents; support patients with critical illnesses.

3. Organizations and individuals facing difficulties caused by natural disasters, epidemics or incidents; patients with critical illnesses who use voluntary contributions.

4. Organizations and individuals involved in the mobilization, receipt and distribution and use of voluntary contributions.

Article 3. Interpretation of terms

1. Epidemic, including Infectious diseases in humans as prescribed in Article 3 of the 2007 Law on Prevention and Control of Infectious Diseases; animal epidemic as prescribed in Clause 8, Article 3 of the 2015 Law on Animal Health, and plant pests announced under Clause 1, Article 17 of the 2013 Law on Plant Protection and Quarantine.

2. Incidents mean circumstances caused by natural disaster or humans as prescribed in Clause 1, Article 3 of the Government’s Decree No. 30/2017/ND-CP dated March 21, 2017, on response to incidents, natural disasters, search and rescue.

3. Patients with critical illnesses mean patients who are suffering diseases in the list of critical illnesses prescribed by the Ministry of Health.

Article 4. Principles of organizing the mobilization, receipt and distribution and use of voluntary contributions

1. The State encourages, honors and creates favorable conditions for organizations and individuals to make voluntary contributions and organize to mobilize the voluntary contributions; promotes the spirit of solidarity, mutual love and timely support people affected by natural disasters, epidemics, incidents or patients with critical illnesses in order to stabilize their life, restore and develop the production and business as soon as possible.

2. Contributions for remediation of difficulties caused by natural disasters, epidemics and incidents shall be mobilized in case natural disasters, epidemics and incidents cause damages to human life, property or the citizens’ living conditions; contributions supporting patients with critical illnesses shall be mobilized depending on a case-by-case basis.

3. Contributions must be timely mobilized on the principle of voluntariness; organizations and individuals are not allowed to set the minimum contribution level; organizations and individuals must contribute their legal income or assets.

4. The receipt, distribution and use of cash contributions and in-kind contributions to overcome difficulties caused by natural disasters, epidemics, incidents, and support patients with critical illnesses must be carried out in a proper, timely, public, transparent, equal and effective manner for the right beneficiaries, with the close and synchronous coordination among involved agencies, ministries, sectors, localities, organizations and individuals.

5. Funding for the mobilization, receipt, distribution and use of voluntary contributions shall comply with current law on state budget and this Decree.

Article 5. Prohibited acts

1. Obstructing or forcing organizations and individuals to participate in the mobilization, receipt and distribution and use of voluntary contributions.

2. Reporting or providing false information; appropriating; improperly distributing and using or failing to distribute or use according to the schedule or to the right beneficiaries.

3. Taking advantages of the mobilization, receipt, distribution and use of voluntary contributions for self-seeking purposes, or performing activities to undermine the national security and social order.

Chapter II

SPECIFIC PROVISIONS

Section 1

ORGANIZATIONS INVOVLED IN MOBILIZATION, RECEIPT, DISTRIBUTION AND USE OF VOLUNTARY CONTRIBUTIONS TO OVERCOME DIFFICULTIES CAUSED BY NATURAL DISASTERS, EPIDEMICS AND INCIDENTS OCCURRED IN THE COUNTRY

Article 6. Calling for, and mobilizing voluntary contributions

In case there is a natural disaster, epidemic or incident causing damages to human life, property or the citizens’ living conditions, depending on the damage level and scope, organizations shall call for, and mobilize voluntary contributions as follows:

1. The Presidium of the Central Committee of the Vietnam Fatherland Front or the Presidents of provincial-level Vietnam Fatherland Front Committees shall call for and mobilize organizations and individuals to make voluntary contributions to support the people and localities suffering from damages.

2. The Vietnam Red Cross Society shall call for and mobilize domestic and overseas red cross organizations to support in accordance with current law on red cross operations.

3. Mass media agencies shall respond to the calling of the Presidium of the Central Committee of the Vietnam Fatherland Front and provincial-level Vietnam Fatherland Front Committees and mobilize organizations and individuals to make voluntary contributions for remediation of difficulties caused by natural disasters, epidemics or incidents as prescribed by law.

4. Charity funds shall call for and mobilize organizations and individuals to make voluntary contributions for remediation of difficulties caused by natural disasters, epidemics, or incidents in their areas.

5. Enterprises, cooperatives and other organizations with legal status shall call for and mobilize organizations and individuals to make voluntary contributions for remediation of difficulties caused by natural disasters, epidemics. When mobilizing voluntary contributions, organizations shall post notices on websites or mass media, including a commitment on the mobilization purposes, scope, methods and forms, beneficiaries, support time, and send such in writing to the People’s Committees of communes where their head offices are located according to the form attached to this Decree. The commune-level People’s Committees shall archive such documents for monitoring and providing information at requests of supporting organizations and individuals or supported individuals and competent agencies in service of instruction, monitoring, inspection, examination, supervision, and handling of violations.

6. The National Steering Committee for Natural Disaster Prevention and Control shall call for and mobilize international voluntary contributions in natural disaster-related emergency circumstances. Ministries, ministerial-level agencies, and government-attached agencies, provincial-level People's Committees, district-level People's Committees shall call for, and mobilize organizations and individuals to make voluntary contributions to overcome difficulties caused by natural disasters, epidemics or incidents.

Article 7. Composition and tasks of the Mobilization Committees

1. Composition of Mobilization Committees at all levels (including the Central Mobilization Committee and local Mobilization Committees):

a) Leader of the Vietnam Fatherland Front Committee at each level shall act as the head of Mobilization Committee of the same level;

b) Depending on actual situations, the head of Committee shall decide on composition of the Mobilization Committee, including representatives of relevant agencies and organizations.

2. Tasks of Mobilization Committees:

a) Coordinate with mass media agencies in disseminating the mobilization’s meaning, time, receiving locations and accounts to contributing organizations and individuals;

b) Assume the prime responsibility for, and coordinate with authorities at the same level in, receiving, managing and distributing voluntary contributions to localities and citizens in areas affected by natural disasters, epidemics or incidents in a timely, proper, transparent and public manner;

c) Report the situation and results of the mobilization, receipt and distribution of voluntary contributions under the prescribed regime.

Article 8. Period of mobilization, receipt and distribution

1. The mobilization is raised immediately after the occurrence of the natural disasters, epidemics or incidents that cause damages to human life, property or the citizens’ living conditions.

2. Depending on the actual development and requirements for remediation of consequences of natural disasters, epidemics or incidents, organizations, agencies and units that mobilize voluntary contributions specified in Article 6 of this Decree shall decide on the period of receiving voluntary contributions for remediation of consequences of natural disasters, epidemics or incidents, but not later than 90 days from the date of raising the mobilization (except for the case of following the commitment with contributing organizations and individuals). In case of necessity, the Mobilization Committees at provincial level or higher levels may decide on extending the duration of receiving voluntary contributions.

3. The distribution shall be carried out immediately in the process of mobilization, receipt and end within 20 days after ending the duration of receiving contributions (except for the case of following the commitment with contributing organizations and individuals).

Article 9. Receipt and management of voluntary contributions

1. Receipt and management of voluntary contributions in cash:

a) Organizations, agencies and units specified at Points a, b, c, d and e, Clause 1, Article 2 of this Decree shall open a separate account in the State Treasury or commercial bank for each mobilization to receive and manage cash contributions from organizations and individuals in the receiving period. If the Mobilization Committee at provincial level or higher level does not extend the receiving duration, organizations, agencies and units are not allowed to receive cash contributed after the receiving period and must notify to the place where the account is opened (the State Treasury or commercial bank) on stopping receiving voluntary contributions.

Mass media agencies and organization acting as focal points in receiving voluntary contributions from collectives and individuals in their agencies and units to support localities affected by natural disasters, epidemics and incidents shall remit the mobilized cash contributions to the separate account of the mobilizing agency at the same level, which is opened to receive and manage voluntary contributions;

b) For localities not affected by natural disasters, epidemics or incidents:  The commune-level Mobilization Committee shall transfer money to the account of the district-level Mobilization Committee or directly to the account of the provincial-level Mobilization Committee; the district-level Mobilization Committee shall transfer money to the account of the provincial-level Mobilization Committee; the provincial-level Mobilization Committee shall transfer money to the account of the Central Mobilization Committee to synthesize, balance and distribute support to localities affected by natural disasters, epidemics, or incidents, or directly transfer to the Mobilization Committees of localities affected by natural disasters, epidemics and incidents;

b) For localities affected by natural disasters, epidemics or incidents:  The Mobilization Committee at commune and district levels shall report to the Mobilization Committee at higher level on the results of receipt, plans on distribution plan and use of voluntary donations, and transfer money to the account of the Mobilization Committee at higher level or keep it for distribution and use directly in support the remediation of consequences of natural disasters, epidemics and incidents in the locality as prescribed in Clause 4, Article 10 of this Decree;

d) If organizations and individuals donate in foreign currency, the Mobilization Committee shall sell the foreign currency to a commercial bank and pay the proceeds to the account of the Mobilization Committee at the same level.

2. Receipt and management of voluntary contributions in kind:

a) Mobilization Committees at all levels shall coordinate with agencies and units at the same levels in guiding the establishment of points for receipt of voluntary contributions in kind. All voluntary contributions in kind must be delivered and received in full quantity and type; preserved and stored according to the standards specified at the receiving points or the receiving warehouses as designated by the Mobilization Committees.  Based on the actual situation, units receiving voluntary contributions in kind may temporarily use goods warehouses, their head offices or rent warehouses and yards as gathering places;  

b) In case of urgent need for support, quick release of voluntary contributions in kind at the receiving points, the Mobilization Committees shall decide to immediately distribute necessities (clothes, food, medicines, other necessities) to the supported subjects;

c) In case the voluntary contributions are gold, silver, precious metals or gems, the Mobilization Committees shall organize an auction in accordance with current law regulations on asset auctions and transfer the proceeds to the account of the Mobilization Committees at the same levels. In case the commune-level Mobilization Committee receives the in-kind contributions and organizes the auction, the proceeds shall be deposited into the account of the district-level Mobilization Committee.

3. For the receipts with conditions and specific addresses, the Mobilization Committees shall be responsible for complying with commitments. 

4. The National Steering Committee for Natural Disaster Prevention and Control shall receive and transfer international emergency assistance in emergency situations of natural disasters according to current regulations.

5. Based on the guidance of the Central Mobilization Committee, ministries, ministerial-level agencies and government-attached agencies shall receive voluntary contributions to support overcoming difficulties caused by natural disasters, epidemics, incidents and transfer to the Central Mobilization Committee, Vietnam Red Cross Society, provincial-level People's Committee at the localities affected by natural disasters, epidemics and incidents or keep it for direct use to support the remediation of natural disasters, epidemics, incidents.

6. Charity funds shall receive and manage voluntary contributions that are mobilized and distributed according to Clause 5, Article 10 of this Decree.  In response to the call of the Presidium of the Central Committee of the Vietnam Fatherland Front, the provincial-level Vietnam Fatherland Front Committee and calling and mobilizing for support outside the scope of activities, charity funds shall receive, then transfer to the Mobilization Committee at the same level to support people and localities affected by natural disasters, epidemics and incidents.

7. Enterprises, cooperatives and other organizations with legal status shall open a separate account at the State Treasury or commercial bank for each mobilization to receive and manage cash contributions mobilized according to commitments, this Decree and relevant laws; receipt of voluntary contributions in cash or in kind received upon request of the contributing organizations or individuals.  Organizations are not allowed to receive additional voluntary contributions after the end of the committed receiving period and shall be responsible for notifying the place of account opening (the State Treasury or commercial bank) of the cessation of receiving voluntary contributions.

8. In addition to contributions in cash or in kind, organizations and individuals can contribute by providing free-of charge services or discount some services to support overcoming difficulties caused by natural disasters, diseases, incidents. Mobilization Committees at all levels shall notify the provision of services to organizations and individuals facing difficulties caused by natural disasters, epidemics and incidents.

Article 10. Distribution and use of voluntary contributions

1. Grounds for distribution of voluntary contributions:  

a) The extent of damage caused by natural disasters or incidents; the extent of the impact of epidemics;

b) General voluntary contributions to the community and specific conditional and addressable supports;

c) Voluntary contributions from organizations and individuals that have directly supported individuals and households affected by natural disasters, epidemics and incidents (not through the Mobilization Committees).

2. The Central Mobilization Committee shall assume the prime responsibility for, and coordinate with ministries, ministerial-level agencies and government-attached agencies in, distributing and using the received voluntary contributions for localities affected by natural disasters, epidemics and incidents.

3. Based on the guidance of the Central Mobilization Committee, the provincial-level Mobilization Committees in the localities not affected by natural disasters, epidemics or incidents shall distribute voluntary contributions to localities affected by natural disasters, epidemics and incidents.

4. Based on the guidance of the Mobilization Committees at higher levels, the Mobilization Committees at all levels in localities affected by natural disasters, epidemics and incidents shall assume the prime responsibility for, and coordinate with representatives of the People's Committees at the same level and relevant agencies in, deciding the content, extent, form and subject of supports according to their assigned functions, tasks and mobilization methods, ensuring suitability to the actual situation in the localities, right purposes, efficiency, publicity, transparency and allocation and use of support to people facing difficulties caused by natural disasters, epidemics and incidents.  The contents of support expenditures from voluntary contributions shall comply with Article 11 of this Decree.

5. Charity funds shall be responsible for coordinating with the People's Committee in the localities receiving the support to distribute voluntary contributions according to the purpose and scope of activities and notify the Vietnam Fatherland Front Committees at the same levels, contributing organizations and individuals.

6. For voluntary contributions mobilized and received by enterprises, cooperatives and other organizations with legal status, the following procedures shall be applied:

a) Enterprises, cooperatives and other organizations with legal status shall be responsible for notifying the People's Committee in the locality receiving the support (provincial, district and commune levels according to decentralization; in case of necessity, contact the provincial-level People's Committee for specific instructions) to coordinate in determining the scope, subjects, extent and duration of support, and distribute and use voluntary contributions mobilized and encouraged to spend according to the contents specified in Clause 1, Article 11 of this Decree, except for the case of compliance with commitments with contributing organizations and individuals specified in Clause 5, Article 6 of this Decree.  The mobilized, conditionally-received and addressable amounts must follow the commitments and provisions of this Decree;

b) Within 3 working days from the date of receipt of the notice, the People's Committee in the locality receiving the supports shall assume the prime responsibility for, and coordinate with the Mobilization Committee at the same level (if any) in guiding enterprises, cooperatives and other organizations with legal status on the scope, subjects and extent of supports, time to distribute voluntary contributions and create conditions and ensure safety for support activities; appoint a coordinated force to participate in the distribution of voluntary contributions when necessary or at the request of enterprises, cooperatives and other organizations with legal status;

c) Enterprises, cooperatives and other organizations with legal person status shall be responsible for reaching an agreement with contributing organizations and individuals to have a plan for distribution and use of the remaining cash contributions or in-kind contributions or transfer them to the Vietnam Fatherland Front Committees at all levels for implementation of social security policies to ensure compliance with the objectives committed with the contributing organizations and individuals.  The further distribution and use to overcome difficulties caused by natural disasters, epidemics and incidents occurred in the country shall comply with this Decree.

7. Unused voluntary contributions received by the Mobilization Committees at all levels shall be used for tasks of overcoming difficulties caused by natural disasters, epidemics, incidents of the following session.  At the end of the year, the remaining voluntary contributions shall be transferred to the next year for further implementation.

Article 11. Expenditures from voluntary contributions

1. Voluntary contributions without conditions, specific addresses shall be spent according to the following contents:

a) Supporting seriously injured people, families with people missing due to natural disasters, epidemics or incidents; funeral expenses for families whose people died due to natural disasters, epidemics or incidents;

b) Providing food, drinking water, medicine and other necessities for people and households facing difficulties caused by natural disasters, epidemics and incidents; 

c) Supporting households to repair and rebuild houses that have fallen, collapsed, drifted, burned completely, repaired severely damaged houses; households have their houses relocated urgently due to the risks from natural disasters and incidents in order to stabilize people's lives;

d) Supporting to move people out of areas hit by natural disasters, epidemics and incidents;

dd) Building up temporary camps for people due to relocation or loss of housing;

e) Conducting the environment hygiene and preventing infectious diseases in areas hit by natural disasters, epidemics and incidents;

g) Supporting the procurement of medical equipment, supplies and goods necessary for disease prevention and control;

h) Supporting plant, pet and aquatic varieties, supplies, equipment, essential fuels; production tools and means which are lost or severely damaged due to natural disasters or incidents in order to restore production and assist in renovating the eroded and accreted agricultural land;

i) Supporting to repair and restore works for natural disaster prevention and control, traffic, information, irrigation, daily-life water supply, electricity, schools, medical facilities and other essential infrastructure works that are damaged;

k) Supporting meals and living expenses for people facing difficulties due to the impact of natural disasters and incidents; people subject to medical isolation during the quarantine period; people facing difficulties due to having to take measures to prevent and control the epidemic at the request of competent state agencies and other supports as decided by the provincial-level People's Committee.

2. For remaining expenditures for mobilizing voluntary contributions to overcome difficulties caused by natural disasters and epidemics after being used according to spending contents specified in Clause 1 of this Article, the People’s Committee shall reach an agreement with the Mobilization Committee at the same level on deciding to implement social security policies in localities hit by natural disasters and epidemics according to the actual situation of localities and the mobilization's targets.

3. In case the voluntary contributions are contributed to a specific address for repairing, restoring, upgrading and building new essential infrastructure and other contents, contributing organizations and individuals shall reach an agreement with local authorities on design, scale, quality and progress of repairing and building such works in conformity with relevant plannings as prescribed by current laws.

Article 12. Expenses for implementation of tasks of mobilizing, receiving, distributing and using voluntary contributions

1. Expenses for implementation of tasks of mobilizing, receiving, distributing and using voluntary contributions are guaranteed from the annual expenses for operation of agencies and units.

2. In case of arising expenses affected to the performance of tasks, agencies and units assigned to mobilize, receive, distribute and use voluntary contributions in kind and cash shall report the financial agencies at the same levels for submission to the competent authorities to grant additional funds in accordance with current law on state budget.

3. It is not allowed to use received voluntary contributions in kind and cash to pay for the expenses of organizations, agencies or units that arise in the course of mobilization, receipt, distribution and use of such voluntary contributions. In case of obtaining approval from contributing organizations and individuals, organizations, agencies or units may use voluntary contributions for such expenses but must synthesize and publicize such expenditures.

Expenses of enterprises, cooperatives and other organizations with legal status that arise in the course of mobilization, receipt, distribution and use of voluntary contributions in kind and cash shall comply with regulations on financial management applicable to organizations and relevant laws.

Article 13. Management of finance and construction, reporting regime

1. Investment projects on repairing, restoring, upgrading and building new essential infrastructure funded by voluntary contributions shall be managed in accordance with current law on construction and state budget. In case investment projects on repairing, restoring, upgrading and building new essential infrastructure are partially funded by the voluntary contributions and public investment capital, they shall be managed in accordance with current laws on construction, public investment and state budget.

2. Within 30 days after ending the mobilization, the provincial-level Mobilization Committee shall report the Central Mobilization Committee for summarization and making of reports on results of the mobilization, receipt, distribution and use of the cash contributions and in-kind contributions and the remaining contributions (if any), send them to the Prime Minister, the Ministry of Finance and relevant ministries and agencies. The Mobilization Committees at commune, district and provincial levels shall report the People’s Committees at the same levels and send such reports to the financial agencies at the same levels.

3. Agencies, organizations and units receiving and distributing voluntary contributions to overcome difficulties caused by natural disasters, epidemics and incidents shall be responsible for recording the receipt and distribution on the financial statements of agencies, organizations and units in accordance with current regulations.

a) State agencies, public non-business units and armed forces directly use the voluntary contributions for their own agencies and units shall report the competent authorities for supplementing estimates and synthesizing in the state budget in accordance with current laws on state budget;

b) Agencies, cooperative and other organizations with legal status shall perform the financial management of voluntary contributions mobilized under this Decree and relevant laws.

4. Organizations, agencies and units mobilizing, receiving and distributing contributions for social and charity activities that organize an independent apparatus must open an accounting book to record and account incurred economic operations, make financial statements in a sufficient and transparent manner.

5. Organizations, agencies and units mobilizing, receiving and distributing contributions for social and charity activities that do not organize an independent apparatus (assigned to concurrently manage such contributions) may account on the same accounting book system of them, but are required to separately monitor expenditures and revenues for such activities, ensure to manage and use such contributions properly. Annually, they are required to make reports, publicize data as prescribed by law, at the same time, explain separately data of social and charity activities on their financial statements on a transparent manner.

6. Voluntary contributions in kind used to perform investment projects on repairing, restoring, upgrading and building essential infrastructure shall be accounted in the value of the completed works and projects that are handed over to the managing organizations, agencies and units for monitoring based on their unit prices, without being included in the state budget.

7. For supports and donations that are essential infrastructure, equipment, the receipt and determination of their value, and their management shall comply with current laws on management and use of public properties. Organizations assigned to manage such assets shall account for the corresponding increase in asset value.

8. Organizations, agencies and units mobilizing, receiving and distributing voluntary contributions to overcome difficulties caused by natural disasters, epidemics and incidents shall be responsible for providing information at request of competent agencies as prescribed by law.

 Article 14. Disclosure of voluntary contributions

1. Organizations mobilizing, receiving, distributing and using voluntary contributions shall be responsible for fully, promptly and accurately disclosing activities related to the mobilization, receipt, distribution and use of voluntary contributions.

2. Contents to be disclosed:

a) Documents on the organization of calling for and mobilizing voluntary contributions;

b) Results of the mobilization (total amount of received cash and in-kind contributions), distribution of voluntary contributions in cash and in kind of organizations and individuals;

c) Subjects, policies and level of support for people to overcome difficulties caused by natural disasters, epidemics or incidents;

d) Organizations, agencies or units directly receiving voluntary contributions shall disclose the time, places and methods of receiving voluntary contributions in cash and in kind.

3. Forms of disclosure:

a) Disclosing the information on official websites of the organizations, agencies or units;

b) Publicly posting the information at headquarters of organizations, agencies, units and community gathering places (hamlets, villages, religious community, residential groups);

c) Notifying in writing relevant agencies involved in the process of mobilization, receipt, distribution and use of voluntary contributions for people to overcome difficulties caused by natural disasters, epidemics or incidents; announcing the information in the mass media.

At least one of the three forms of disclosure specified in Clause 3 of this Article is required; in which disclosing the information on official websites of the organizations, agencies or units is mandatory; In case there is no website, they must publicly post the information at their headquarters.

4. Time of disclosure:

a) Documents on the organization of calling for and mobilizing organizations and individuals to donate voluntary contributions in cash and in kind must be disclosed right after the promulgation of such documents;

b) The time, places, and methods of receiving voluntary contributions in cash and in kind must be publicized from 01 to 03 days before the implementation;

c) Publicizing the results of the mobilization, receipt and distribution of voluntary contributions: The total amount of cash and in-kind contributions that have been received must be publicized no later than 15 days after the end of the receiving period; the total amount of cash and in-kind contributions that have been distributed and used must be publicized within 30 days after the period during which the distribution and use of contributions are performed;

d) Beneficiaries, support policies and levels of support must be publicized right from the beginning of support, distribution of voluntary contributions in cash and in kind.

5. Duration of disclosure:

a) Publicly posting the information at headquarters of the organizations, agencies or units, community gathering places and on their official websites must be implemented within 30 days;

b) Announcing the information in the mass media as follows: The information must be announced on a printed newspaper in 03 consecutive issues, and on radio and television programs within 03 consecutive days.

Article 15. Receipt, distribution and use of voluntary contributions by foreign organizations and individuals

1. Receipt, management and use of international aid amounts by foreign governments, international organizations, organizations authorized by foreign governments, non-governmental organizations, other foreign organizations and individuals for relief and remediation of natural disaster consequences shall comply with the Government’s Decree No. 50/2020/ND-CP dated April 20, 2020 on receipt, management and use of international emergency aid for relief and remediation of natural disaster consequences.

2. Management and use of non-refundable aid not belonging to official development assistance provided by foreign agencies, organizations and individuals for the humanitarian assistance purpose shall comply with the Government’s Decree No. 80/2020/ND-CP dated July 08, 2020 on management and use of non-refundable aid not belonging to official development assistance provided by foreign agencies, organizations and individuals for Vietnam.

Article 16. Receipt, distribution and use of voluntary contributions by the Red Cross Society system

Receipt, distribution, use and publicity of voluntary contributions for people to overcome difficulties caused by natural disasters, epidemics or incidents by the Red Cross Society at central and local levels shall comply with current law regulations on red-cross activities and relevant law regulations.

Section 2

REGULATIONS APPLIED TO INDIVIDUALS PARTICIPATING IN MOBILIZATION, RECEIPT, DISTRIBUTION AND USE OF VOLUNTARY CONTRIBUTIONS FOR PEOPLE TO OVERCOME DIFFICULTIES CAUSED BY NATURAL DISASTERS, EPIDEMICS OR INCIDENTS OCCURRED IN THE COUNTRY

Article 17. Mobilization and receipt of voluntary contributions

1. When carrying out the mobilization, receipt and distribution of voluntary contributions for people to overcome difficulties caused by natural disasters, epidemics or incidents, an individual shall be responsible for notifying the purpose, scope, method, form of mobilization, accounts of receipt (of cash contributions), places of receipt (of in-kind contributions), time of commitment to distribute such contributions in the media and send the commune-level People's Committee where he/she resides a written notice, made according to the form of Notice issued together with this Decree. The commune-level People's Committee shall be responsible for storing the documents for the monitoring purpose and providing information at the request of organizations and individuals contributing or receiving the support and competent agencies for guidance, monitoring, inspection, examination, supervision and handling of violations.

2. The individual shall open a separate account at a commercial bank for each campaign to receive and manage all amount of voluntary contributions, arrange a suitable location to receive, manage and preserve voluntary contributions in kind during the period of receiving contributions; have receipts of voluntary contributions in cash or in kind received at the request by contributing organizations and individuals. The individual is not allowed to additionally receive voluntary contributions after the end of the committed period of receiving contributions and is responsible for notifying the cessation of receiving voluntary contributions to the place where the account is opened.

Article 18. Distribution and use of voluntary contributions

1. Based on the voluntary contribution of each campaign or reception, an individual shall be responsible for notifying People's Committees of the localities where the support is received (at provincial, district, commune levels as decentralized; in case of necessity, contacting provincial-level People's Committees for specific instructions) at the latest to coordinate in determining the scope, subjects, level and time of support, and distributing and using the contributions in accordance with the commitments defined in Clause 1, Article 17 and this Decree, including contributions with specific conditions, addresses (if any).

2. Within 03 working days from the date of receipt of the notice, a People's Committee of the locality where the support is received shall assume the prime responsibility for, and coordinate with the Mobilization Committee at the same level (if any) in, providing the individual with guidance on the scope, subjects, levels of support, time to distribute voluntary contributions; creating favorable conditions and ensuring safety for support activities; assigning a force that coordinates in participating in the distribution of voluntary contributions when necessary or at the request of the individual.

3. The individual is encouraged to distribute voluntary contributions to the contents specified in Clause 1, Article 11 of this Decree, except for cases in which he/she must comply with commitments required by contributing organizations or individuals.

4. The contribution-mobilizing individual shall be responsible for reaching an agreement with contributing organizations and individuals to formulate a plan to distribute and use the remaining voluntary contributions or transfer them to the Vietnam Fatherland Front Committees at all levels for the implementation of social security policies, ensuring the compliance with the goals to which the individual has committed the contributing organizations and individuals. The continuation in distribution and use of contributions for people to overcome difficulties caused by natural disasters, epidemics or incidents occurred in the country shall comply with this Decree.

Article 19. Financial management, disclosure of voluntary contributions

1. Expenses for activities of mobilization, receipt, distribution and use of voluntary contributions shall be paid by the contribution-mobilizing individuals. In case of consent of contributing organizations and individuals, the individuals may spend voluntary contributions to pay for such expenses, but the latter must be synthesized and publicized.

2. Voluntary contributions mobilized, received, distributed and used by individuals for remediation of consequences of natural disasters, epidemics or incidents shall not be included into the state budget. In case of supporting the repair, construction of essential infrastructure works, procurement of equipment, organizations, agencies and units receiving, distributing and using the support shall perform the financial management in accordance with Clause 3, Article 13 of this Decree; In case of support of specific assets being essential infrastructure works, equipment from voluntary contributions mobilized, received, distributed and used by individuals to support administrative agencies and public non-business units, the receipt, determination of their value and management of the assets shall comply with Clause 7, Article 13 of this Decree.

3. The publicity, transparency of voluntary contribution amounts mobilized, received, distributed and used by individuals for remediation of consequences of natural disasters, epidemics or incidents must be ensured. An individual shall be responsible for making a book with full information on the results of receipt and distribution of voluntary contributions in cash and in kind by the supported subjects and localities, including voluntary contributions with specific conditions and addresses (if any), publicize the contents specified in Clause 2, Article 14 of this Decree on the media and send the results in writing to the commune-level People's Committee where he/she resides to publicly post it at the headquarters of the agency within 30 days. The time for publicity shall comply with Clause 4, Article 14 of this Decree.

4. Individuals carrying out the mobilization, receipt and distribution of voluntary contributions for people to overcome difficulties caused by natural disasters, epidemics or incidents shall be responsible for providing information at the request of competent authorities according to law regulations.

Section 3

REGULATIONS APPLIED TO ORGANIZATIONS PARTICIPATING IN MOBILIZATION AND RECEIPT OF VOLUNTARY CONTRIBUTIONS TO SUPPORT TO OTHER COUNTRIES HIT BY NATURAL DISASTERS

Article 20. Mobilization of voluntary contributions

 The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Vietnam Red Cross Society in, reporting to the Prime Minister to issue appeals to people to render support to peoples of countries hit by natural disasters and act as the focal point of Vietnam to assist other countries under the Government’s direction.

Article 21. Receipt and distribution of voluntary contributions

1. The Red Cross Society at all levels shall open their account at the State Treasury or a commercial bank to receive contributions for the peoples of another country.

2. The entire received amount shall be paid into the accounts of the Red Cross Society at all levels and transferred to the Vietnam Red Cross Society’s account. 

3. No later than 30 days after the end of the campaign, the Vietnam Red Cross Society shall, based on the received voluntary contributions in cash and in kind, coordinate with the Ministry of Foreign Affairs in transferring the voluntary contributions in cash and in kind to the country hit by natural disasters. In case of the campaign to support many countries hit by natural disasters, the Ministry of Foreign Affairs shall coordinate with the Vietnam Red Cross Society and relevant agencies in reporting on it to the Prime Minister to decide on a specific level of support for each country hit by natural disasters.

4. The amount to support other countries hit by natural disasters shall not be included into the state budget. The Vietnam Red Cross Society shall be responsible for reporting on finalization of used funds in accordance with the current financial regime.

5. The Red Cross Society at all levels shall publish the receipt, distribution and voluntary contributions in cash and in kind to support the peoples of other countries in accordance with Article 16 of this Decree.

Section 4

REGULATIONS APPLIED TO ORGANIZATIONS AND INDIVIDUALS PARTICIPATING IN MOBILIZATION, RECEIPT AND USE OF VOLUNTARY CONTRIBUTIONS TO SUPPORT PATIENTS WITH CRITICAL ILLNESSES

Article 22. Mobilization of voluntary contributions

Mass media agencies, health establishments, charity funds, organizations with legal person status and individuals may mobilize contributions, participate in the contribution to support patients with critical illnesses on a case-by-case basis.

Article 23. Receipt, management and use of the voluntary contributions in cash

1. Mass media agencies, health establishments, charity funds and organizations with legal person status shall open their account at the State Treasury or a commercial bank to receive voluntary contributions in cash and directly provide the support to patients with critical illnesses; publicize the mobilized amount, the amount used for the patients, the remaining unused amount (if any) on the media or post such information at headquarters of the organizations, agencies, units and notify in writing the commune-level People's Committees where the patients with critical illnesses reside for information.

2. Individuals receiving voluntary contributions and using them to directly support patients with critical illnesses. The individuals shall fully synthesize the information on results of their receipt and use of voluntary contributions to support patients with critical illnesses and publicizing it in the media.

3. Voluntary contribution amounts mobilized, received and used by organizations and individuals to support patients with critical illnesses shall not be included into the state budget. Organizations, agencies and units mobilizing, receiving and using voluntary contributions to support patients with critical illnesses shall be responsible for recording such receipt and use of voluntary contributions in their financial statements in accordance with current regulations.

Article 24. Expenses for activities of mobilization, receipt and distribution of contributions

1. Expenses in an organization’s mobilization, receipt, distribution of voluntary contributions in kind, and transfer of voluntary contributions in cash to support patients with critical illnesses shall be paid by the organization's operating budget.

2. Expenses for an individual’s mobilization, receipt, distribution and use of voluntary contributions shall be paid by such individual. In case of consent of contributing organizations and individuals, the individual may spend voluntary contributions to pay for such expenses, but the latter must be synthesized and publicized.

Chapter III

IMPLEMENTATION PROVISIONS

Article 25. Responsibilities of Vietnam Fatherland Front Committees, the Vietnam Red Cross Society, ministries, sectors and localities

1. The Standing Agency of Central Committee of the Vietnam Fatherland Front and the Vietnam Red Cross Society shall be responsible for organizing, directing and guiding the work of mobilization, receipt, distribution and use of voluntary contributions in cash and in kind to support the People and localities hit by natural disasters, epidemics or incidents. Vietnam Fatherland Front Committees at all levels and socio-political organizations shall organize the supervision of the implementation in accordance with law regulations.

2. The Ministry of Labor, Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with concerned ministries and sectors in, organizing the implementation of social assistance policies, monitoring, inspecting and examining the receipt, distribution and use of voluntary contributions to support the people and localities hit by incidents, ensuring the compliance with regimes and policies.

3. The Ministry of Health shall:

a) Assume the prime responsibility for, and coordinate with relevant ministries and sectors in, promulgating the list of critical illnesses;

b) Assume the prime responsibility for, and coordinate with relevant ministries and sectors in, organizing the implementation of, monitoring, inspecting and examining the support for the prevention and control of infectious diseases in humans, and the support for patients with critical illnesses, ensuring the compliance with regimes and policies.

4. The Ministry of Agriculture and Rural Development shall assume the prime responsibility for, and coordinate with related ministries and sectors in, organizing the implementation of, monitoring, inspecting and examining the receipt, distribution and use of voluntary contributions to support the people and localities hit by natural disasters, animal epidemics or plant pests, ensuring the compliance with regimes and policies.

5. The Ministry of Foreign Affairs shall assume the prime responsibility for, and coordinate with the Vietnam Red Cross Society in, organizing the mobilization, receipt, distribution of voluntary contributions to support other countries hit by natural disasters.

6. The Ministry of Finance shall be responsible for coordinating with the Central Committee of the Vietnam Fatherland Front and relevant agencies in managing voluntary contributions to be transferred to the central budget in accordance with current law regulations on the state budget; organizing the inspection and examination of the receipt, distribution and use of voluntary contributions in cash and in kind for people to overcome difficulties caused by natural disasters, epidemics or incidents; guiding the handling of problems arising during the implementation of this Decree (if any).

7. The Ministry of Natural Resources and Environment, the Ministry of Construction, and the Ministry of Industry and Trade shall, within their assigned functions and tasks, organize the implementation, monitor, inspect, examine and handle problems related to environmental pollution, supply of electricity and domestic water, supply of materials, essential commodities and market stabilization that are caused by natural disasters, epidemics or incidents.

8. People’s Committees of provinces and centrally-run cities shall be responsible for:

 a) Coordinating with the Vietnam Fatherland Front Committees at the provincial level and the Red Cross Societies at the provincial level in promulgating the Regulation on coordination in the mobilization, receipt, distribution and use of voluntary contributions for people to overcome difficulties caused by natural disasters, epidemics or incidents in the localities; in which clearly specifying the principles of coordination; methods and contents of coordination; inspection, examination, monitoring and supervision of the implementation and responsibilities of relevant agencies in accordance with this Decree; in case voluntary contributions are transferred to local budgets, the management of such voluntary contributions shall be in accordance with current law regulations on state budget and relevant legal documents;

b) Providing and updating the information on development of natural disasters, epidemics or incidents; situation of damage caused by natural disasters, epidemics or incidents on the agency's website for the support work.

9. Mass media agencies shall coordinate with relevant agencies in providing accurate information in a timely manner during the mobilization, receipt, distribution and use of voluntary contributions for people to overcome difficulties caused by natural disasters, epidemics or incidents; support patients with critical illnesses.

Article 26. Effect

1. This Decree takes effect on December 11, 2021 and replaces the Government’s Decree No. 64/2008/ND-CP dated May 14, 2008 on mobilization, receipt, distribution and use of voluntary contributions for people to overcome difficulties caused by natural disasters, fires or serious incidents; support patients with critical illnesses.

2. The list of critical illnesses specified in current legal documents shall continue to be applied in the mobilization, receipt and use of voluntary contributions to support patients with critical illnesses until the list of critical illnesses prescribed at Point a, Clause 3, Article 25 of this Decree is issued by the Ministry of Health and takes effect.

Article 27. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies and other central agencies, and chairpersons of People’s Committees of provinces, centrally-run cities shall be responsible for the implementation of this Decree./.