The Government has just issued Decree 93/2021/ND-CP dated October 27, 2021 on mobilizing, receiving, distributing and using voluntary contributions to support overcoming difficulties caused by natural disasters and epidemics. , trouble; support patients with critical illnesses. This Decree takes effect from December 11, 2021.
New point
Decree 64/2008/ND-CP was born and put into practice for more than 10 years, creating a legal framework to facilitate state agencies, the Fatherland Front, all levels and social funds. The charity fund promotes its role in mobilizing, receiving, distributing and using voluntary donations to support overcoming difficulties caused by natural disasters and epidemics. However, this Decree has revealed inadequacies, slower than life. In recent years, individuals standing out to raise charitable contributions have been quite popular but lacked a legal basis to adjust.
Decree 93/2021/ND-CP replaces Decree 64/2008/ND-CP on mobilizing, receiving, distributing and using voluntary contributions, has added regulations on individuals made from benevolent. This is a new point, overcoming the legal gap, avoiding leading to doubts and controversies like in the past time. It is also the basis for the authorities to manage and monitor this activity more effectively. The objects of application of the Decree include 4 subjects.
Those are organizations and individuals that mobilize, receive and distribute voluntary contributions such as the Vietnam Fatherland Front Committee; Vietnam Red Cross Association; Ministries, ministerial-level agencies, government-attached agencies, provincial-level People’s Committees and district-level People’s Committees mobilize, receive and distribute voluntary contributions to overcome difficulties caused by natural disasters and epidemics , trouble. Commune-level People’s Committees receive and distribute voluntary contributions when authorized by district-level People’s Committees in accordance with law; The National Steering Committee for Natural Disaster Prevention and Control mobilizes and receives voluntary contributions from international organizations in emergency situations of natural disasters; Mass media agencies, medical facilities mobilize, receive and support patients with critical illnesses; Charity funds specified in Decree No. 93/2019/ND-CP dated November 25, 2019 of the Government; Enterprises, cooperatives and other organizations with legal status participate in mobilizing, receiving and distributing voluntary contributions to overcome difficulties caused by natural disasters, epidemics and incidents; support patients with critical illnesses; Individuals with full civil act capacity to participate in mobilizing, receiving and distributing voluntary contributions to overcome difficulties caused by natural disasters, epidemics and incidents; support patients with critical illnesses.
Organizations and individuals make voluntary contributions to assist in overcoming difficulties caused by natural disasters, epidemics and incidents; support patients with critical illnesses.
Organizations and individuals facing difficulties due to natural disasters, epidemics and incidents; critically ill patients using voluntary donations.
Organizations and individuals involved in mobilizing, receiving, distributing and using voluntary donations.
The general principle is that the State encourages, honors and creates favorable conditions for organizations and individuals to participate in voluntary contributions and to organize mobilization for voluntary contributions; promote the spirit of solidarity, mutual affection, mutual love, quickly support people damaged by natural disasters, epidemics, incidents or people suffering from serious diseases in order to soon stabilize their lives, activities, and recover. and production and business development.
Open a separate account for each campaign
Regarding mobilizing and receiving voluntary contributions, Decree 93/2021/ND-CP stipulates: When mobilizing, receiving and distributing voluntary contributions to support natural disasters, epidemics, incidents, Individuals are responsible for informing in the media about the purpose, scope, method, form of mobilization, receiving account (for money), receiving location (for in-kind). , time commitment to distribute and send in writing to the People’s Committee of the commune where he/she resides according to the form of Notice issued together with this Decree.
Commune-level People’s Committees are responsible for storing, monitoring and providing information at the request of organizations and individuals contributing or receiving support and competent agencies for guiding, monitoring and inspecting. , inspect, monitor and handle violations.
Individuals opening separate accounts at commercial banks according to each campaign to receive and manage all voluntary contributions, arrange a suitable location to receive, manage and preserve in-kind donations. volunteer during the reception; have receipts of voluntary contributions in cash or in kind received upon request of contributing organizations and individuals. Individuals are not allowed to receive more voluntary contributions after the end of the committed receiving period and are responsible for notifying the place of account opening of the cessation of receiving voluntary contributions.
The general principle is that the State encourages, honors and creates favorable conditions for organizations and individuals to participate in voluntary contributions and to organize mobilization for voluntary contributions; promote the spirit of solidarity, mutual affection, mutual love, quickly support people damaged by natural disasters, epidemics, incidents or people suffering from serious diseases in order to soon stabilize their lives, activities, and recover. and production and business development.
Coordinate with People’s Committee where receiving support to distribute.
Based on the voluntary contribution of each campaign or reception, the individual is responsible for notifying the People’s Committee of the place where the support is received (province, district, and commune levels as decentralized; in case of necessity). , contact the People’s Committee of the province for specific instructions) to coordinate in determining the scope, subjects, level and duration of support, and distribute and use it in accordance with the commitments in Clause 1, Article 17 and regulations. specified in this Decree, including for conditional contributions, specific address (if any).
Within 03 working days after receiving the notice, the People’s Committee where the support is received shall assume the prime responsibility for, and coordinate with the Campaign Committee at the same level (if any) in providing individual guidance on the scope, subjects, level of support, time to distribute voluntary contributions and create conditions and ensure safety for support activities; send a coordination force to participate in the distribution of voluntary contributions when necessary or at the request of individuals.
Encourage individuals to spend from voluntary contributions according to the contents specified in Clause 1, Article 11 of this Decree (support for seriously injured people, families with people missing due to natural disasters, epidemics, incidents; Funeral expenses for families whose people have died due to natural disasters, epidemics or incidents; support for food, food, drinking water, medicine and other essential necessities for people and households in difficulty difficulties caused by natural disasters, epidemics and incidents; support households in repairing and rebuilding houses that have fallen, collapsed, drifted, completely burned, repaired severely damaged houses; households have to relocate their houses. emergency due to risks from natural disasters, incidents to stabilize people’s lives;…), except for cases of complying with commitments with contributing organizations and individuals.
Advocates are responsible for agreeing with contributing organizations and individuals to have a plan to distribute and use the remaining voluntary contributions or transfer them to Vietnam Fatherland Front Committees at all levels to implement the following activities: social security policies to ensure compliance with the goals committed with the contributing organizations and individuals. The continued distribution and use to overcome difficulties caused by natural disasters, epidemics and domestic incidents shall comply with the provisions of this Decree.
Public request
Decree requires publicizing the results of receipt and distribution of voluntary donations on the media
The Decree also provides specific regulations on financial management and publicity of voluntary contributions. Specifically, the costs for activities of mobilizing, receiving, distributing and using voluntary contributions are paid for by the individual campaigning. In case of consent from contributing organizations and individuals, the individual may spend from voluntary contributions, but must aggregate and publicize this expense.
Voluntary contributions mobilized, received, distributed and used by individuals to overcome consequences of natural disasters, epidemics and incidents are not aggregated into the state budget. In case of supporting repair, construction of essential infrastructure works, procurement of equipment, receiving, distributing and using organizations, agencies and units shall perform financial management according to regulations; In case of specific asset support, it is essential infrastructure works, equipment from voluntary donations mobilized, received, distributed and used to support administrative agencies and units. For public non-businesses, the property shall be received, valued and managed according to regulations.
Contributions must ensure publicity and transparency. Individuals are responsible for opening a record book with full information on the results of receipt and distribution of money and in-kind donations of voluntary contributions according to the objects and areas supported, including conditional receipts, locations. only specific (if any), make it public according to the prescribed contents on the media and send the results in writing to the commune-level People’s Committee of the place of residence for public posting at the head office. for 30 days. The time for publicity shall comply with the provisions of Clause 4, Article 14 of this Decree.
Clause 4, Article 14 of Decree 93/2021/ND-CP stipulates the time to publicize voluntary contributions:
– Publicize documents on the organization calling for and mobilizing organizations and individuals to contribute money or in kind for voluntary contributions right after being promulgated;
– Publicize the time, place and method of receiving voluntary contributions from 01 to 03 days before the start of the implementation;
– Publicize the results of mobilization, receipt and distribution of voluntary contributions: Publicize the total amount of money and kind that has been mobilized and received no later than 15 days after the end of the receiving period; publicize the total amount of money and kind distributed and used no later than 30 days after the end of the time of distribution and use;
– Publicize support objects, support policies and support levels right from the beginning of support implementation, distribution of money and in-kind contributions for voluntary contributions.
Individuals who mobilize, receive and distribute voluntary contributions to support overcoming difficulties caused by natural disasters, epidemics and incidents are responsible for providing information at the request of competent authorities. rights under the law.
Source: Court Magazine
