To understand the regulations when donating or soliciting donations for charity, individuals must understand and refer to Decree 93/2021/ND-CP regarding donation conditions, prohibited acts, and notes on management and distribution…
Specifically, according to point h, clause 1, Article 2 of Decree 93/2021/ND-CP, individuals who solicit, receive, and distribute voluntary contributions must have full legal capacity.
Furthermore, according to Article 5 of Decree 93/2021/ND-CP, the following acts are strictly prohibited for organizations and individuals involved in soliciting, receiving, and distributing voluntary contributions: obstructing or coercing organizations and individuals to participate in soliciting, contributing, receiving, distributing, and using voluntary contributions; reporting or providing false information; misappropriating, distributing, or using voluntary contributions for purposes other than intended, or for purposes other than those specified in the distribution schedule or to the intended beneficiaries.
Another prohibited act is exploiting the process of soliciting, receiving, distributing, and using voluntary contributions for personal gain or to carry out activities that infringe upon national security and social order.
Donating to support those affected by storms and floods is a meaningful and practical act. (Photo: Ha An)
Please note that when soliciting and receiving voluntary contributions to support flood relief efforts, individuals are responsible for informing the media about the purpose, scope, methods, and forms of the fundraising, the receiving account (for money), the receiving location (for in-kind donations), the committed distribution time, and submitting this information in writing to the People's Committee of the commune where they reside.
Individuals open separate accounts at commercial banks for each fundraising campaign to receive and manage all voluntary contributions, arrange suitable locations for receiving, managing, and storing donated items during the collection period, and provide receipts for voluntary contributions if requested by the contributors.
At the same time, individuals are not allowed to receive further voluntary contributions after the committed acceptance period has ended and are responsible for notifying the account holder about the cessation of contributions.
Regarding the distribution and use of voluntary contributions to support flood and storm relief efforts, Article 18 of Decree 93/2021/ND-CP clearly states:
- Based on the voluntary contributions received from each campaign, individuals are responsible for notifying the People's Committee of the locality where the support is received in order to coordinate in determining the scope, beneficiaries, amount, and duration of support.
- Within a maximum of 3 working days from receiving the notification, the People's Committee of the receiving locality shall preside over and coordinate with the individual to guide them on the scope, beneficiaries, support levels, and timeframe for distributing the voluntary contributions.
Regarding financial management, the public disclosure of voluntary contributions to support flood and storm relief is stipulated in Article 19 of Decree 93/2021/ND-CP. Specifically, the costs for soliciting, receiving, distributing, and using voluntary contributions are borne by the individual organizing the fundraising. (In cases where the contributing organizations and individuals agree, the individual may use funds from the voluntary contributions).
Voluntary contributions solicited, received, distributed, and used by individuals to mitigate the consequences of natural disasters, epidemics, and other incidents are not included in the State budget.
In particular, individuals who solicit, receive, and distribute voluntary contributions to support the relief of difficulties caused by natural disasters, epidemics, and incidents are responsible for providing information as requested by competent authorities in accordance with the law.
Source: https://vtcnews.vn/ca-nhan-lam-tu-thien-khi-bao-lu-phai-tuan-thu-quy-dinh-nao-ar901553.html
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