What do lawyers say about the controversy surrounding Pham Thoai's fundraising?

Luật sư nói gì về ồn ào liên quan việc kêu gọi từ thiện của Phạm Thoại?- Ảnh 1. — The developments surrounding Pham Thoai's charity fundraising controversy are becoming a hot topic across social media platforms, attracting widespread attention.

Pham Thoai's livestream of charity statements still raises questions.

In recent days, the story of TikToker Pham Thoai's fundraising campaign, raising over 16 billion VND to help Minh Hai (commonly known as Bap) in his fight against leukemia, has attracted significant attention and discussion online. With limited updates on Bap's health and his mother, Le Thi Thu Hoa, avoiding questions about the donations and medical expenses, public opinion has begun to question the transparency of this massive donation. On the evening of February 25th, the TikToker held a livestream to clarify the controversy surrounding the donations for Bap.

During the live session, Pham Thoai said that in recent days, many people have been upset and demanded that he provide a bank statement for Baby Bap's mother. The 9X TikToker shared details of the income and expenses in the account used to raise funds for Baby Bap, including hospital bills, screenshots of bank transfer transactions, etc., and committed to posting a detailed bank statement on social media.

Notably, Pham Thoai also contacted Ms. Hoa (Bap's mother) to question her about information such as using donated money for dental work, flying business class, buying land, buying a car, and sending her older child to an international school… When asked to provide a statement of the money donated to her personal account, Ms. Hoa stated that she was still in Singapore as per the doctor's instructions to care for her child. She said that after returning to Vietnam, she would fulfill all obligations to avoid misunderstandings. Bap's mother also bowed her head and apologized for her uncontrolled statements in the past. She said, "I sincerely hope that you can be understanding and forgive me." Meanwhile, Pham Thoai affirmed that he did not embezzle charity funds. The TikToker also announced that he would soon post all the bank statements on social media for everyone to see, ensuring transparency and openness.

Luật sư nói gì về ồn ào liên quan việc kêu gọi từ thiện của Phạm Thoại?- Ảnh 2. — Pham Thoai brought the charity controversy involving baby Bap to a livestream on the evening of February 25th, attracting over half a million viewers.

Watching the livestream, many people expressed skepticism about the information shared by Pham Thoai and Ms. Hoa. Although those involved have spoken out, the charity controversy surrounding this story has yet to end because many questions and doubts from netizens remain unanswered. On social media, netizens continue to discuss and compare information, raising many questions about the transparency of those involved and the responsibility of Pham Thoai and Baby Bap's mother in using the donated money.

What did the lawyer say?

Speaking to Thanh Nien newspaper, lawyer Truong Van Tuan (Ho Chi Minh City Bar Association) stated that, according to Articles 22 and 23, Section IV of Decree 93/2021/ND-CP, which regulates the mobilization, acceptance, and use of voluntary contributions to support patients with serious illnesses, individuals have the right to mobilize and contribute to support patients with serious illnesses on a case-by-case basis. Decree 93/2021/ND-CP only stipulates that mass media agencies, medical facilities, charitable funds, and organizations with legal personality can open accounts at the State Treasury or commercial banks to receive voluntary contributions and directly support patients with serious illnesses; it does not mention whether individuals can use personal accounts to solicit donations. Therefore, Pham Thoai's act of soliciting donations using a personal account number does not violate the law.

The ticket agency owner and the teacher who appeared 'at the right moment' sparked a series of questions following Pham Thoai's bank statement livestream?

Lawyer Truong Van Tuan also stated that Clause 2, Article 23 of Decree 93/2021/ND-CP stipulates that "Individuals receiving voluntary contributions and using them to directly support patients with serious illnesses. Individuals must compile complete information on the results of receiving and using voluntary contributions to support patients with serious illnesses and make it public through the media." Therefore, the request from the benefactor who contributed to the treatment of baby Bap to publicly disclose the treatment costs and charitable statements is entirely reasonable.

Luật sư nói gì về ồn ào liên quan việc kêu gọi từ thiện của Phạm Thoại?- Ảnh 3. — Ms. Thu Hoa and several other "related" individuals appeared in Pham Thoai's livestream from Singapore.

Regarding netizens' questions about whether Ms. Hoa (Bap's mother) violated the law if she misused charitable funds, such as for personal expenses or building a house for her parents, a lawyer explained that if Ms. Hoa did not directly solicit donations (someone else organized the fundraising), current law does not stipulate any penalties for recipients who misuse the funds. However, the recipient's obligation is to use the funds for the intended purpose. This is because it is a conditional donation (to be used for a specific purpose as requested during the fundraising). If the recipient does not use the funds for the purpose stated in the fundraising appeal, the donor can request the return of the misused money (or assets).

In the case where Baby Bap's mother directly solicited donations for her child's treatment but then used the donated funds for other purposes such as personal expenses or building a house for her parents, according to Clause 2, Article 5 of Decree 93/2021/ND-CP, "Reporting or providing false information; misappropriation; improper distribution or use of funds from voluntary contributions, or using them for purposes other than intended or for the wrong beneficiaries," Baby Bap's mother has violated the law.

If donors discover any irregularities in the use of donated funds and have evidence to support this, they can report it to the competent authorities for investigation. Depending on the investigation's conclusions, if any misuse of charitable funds is found, the perpetrator may be prosecuted for the crime of "Abuse of trust to appropriate property" as stipulated in Article 175 of the current 2015 Penal Code.

Regarding the question, "Do donors have the right to request a refund if they discover that the donated money is not transparent?", lawyer Truong Van Tuan stated that currently, there is no specific legal document regulating the request for a refund from benefactors if they discover that the donated money is not transparent. However, from a civil perspective, in this case, the benefactor's contribution of money to support the medical expenses for Baby Bap through Baby Bap's mother and Pham Thoai can be considered a civil transaction of a conditional gift contract. Accordingly, the benefactors donated money to Baby Bap's mother to carry out Baby Bap's treatment. If the benefactor can prove that the money they donated was used for the wrong purpose, meaning Baby Bap's mother did not use the money to treat Baby Bap, they can file a civil lawsuit against Baby Bap's mother in court to reclaim the donated money according to Clause 3, Article 426 of the current Civil Code of 2015.

Luật sư nói gì về ồn ào liên quan việc kêu gọi từ thiện của Phạm Thoại?- Ảnh 4. — Pham Thoai affirmed that on the morning of February 26th, he would publicly release all bank statements so that the online community could check and monitor each transaction. Many people are still waiting for this move from him.

Regarding Pham Thoai, lawyer Truong Van Tuan stated that if this TikToker directly solicited donations to support the treatment costs for Baby Bap, and then handed over all the donated money to Baby Bap's mother, Pham Thoai has no legal responsibility in this case. However, if there is evidence to prove that Pham Thoai benefited unjustly from the donations for Baby Bap's treatment, this act could be prosecuted for the crime of "Fraudulent appropriation of property" as stipulated in Article 174 of the current 2015 Penal Code.

According to lawyer Truong Van Tuan, charitable fundraising activities by celebrities are on the rise and make significant contributions to supporting disadvantaged and vulnerable people to overcome adversity. The effectiveness of fundraising by celebrities is undeniable, given their large followings and fans, which allows for widespread reach. However, the unprofessionalism and lack of transparency in the accounting, distribution, and public disclosure of relief funds have caused much controversy and generated much media attention; these grievances are not new.

Decree No. 93/2021/ND-CP stipulates that individuals with full civil capacity are eligible to participate in this activity (as stipulated in Articles 17-19, Section 2, regarding the receipt, distribution, and management of contributions). However, some points remain unclear and may continue to cause confusion during implementation. For example: "Individuals soliciting contributions are responsible for coordinating with contributing organizations and individuals to develop a plan for distributing and using any remaining voluntary contributions or transferring them to the Vietnam Fatherland Front Committees at all levels to implement social welfare policies in accordance with the objectives committed to the contributing organizations and individuals." So, how can coordination with contributing organizations and individuals be achieved? How much is sufficient to determine the remaining surplus?

Lawyer Tuan argues that the practice of "celebrities" soliciting charitable donations without establishing a fund as required by Decree No. 93/2019/ND-CP on the organization and operation of social and charitable funds, instead soliciting money into their personal accounts, is quite common. While these individuals may not have the intention of personal gain, failing to establish a fund as required is a wrongful act that can lead to adverse consequences and legal penalties. Furthermore, many people have exploited charitable work for personal gain, to enhance their reputation, or to show off their morality by not fulfilling their commitments.

Controversies surrounding charitable activities are not a new phenomenon. This shows that charitable work is neither simple nor easy, and if done incorrectly, it can even lead to undesirable consequences.

Source: https://thanhnien.vn/luat-su-noi-gi-ve-on-ao-lien-quan-viec-keu-goi-tu-thien-cua-pham-thoai-185250226135242878.htm