Looking from the Nuoi Em case: Individuals doing charity work are not allowed to have ambiguous accounts.

(Dan Tri) - Individuals and charitable funds that raise funds are required to open separate bank accounts for social purposes and are not allowed to receive donations in their personal spending accounts.

On December 8, Mr. Hoang Hoa Trung, founder of the Nuoi Em charity project, announced the suspension of all fundraising activities and the freezing of bank accounts to serve the audit. This move came after 2 days of "storm" of criticism on social media related to the group's operating procedures. Many philanthropists denounced the situation of one child being raised by many people and inaccurate data.

The focus of the controversy is the cash flow. Although the project has a scale of more than 120,000 participants and mobilized hundreds of billions of dong, these resources still flow directly into Mr. Hoang Hoa Trung's personal account instead of an independent legal entity. The project has also never been independently audited, raising major concerns about transparency.

Individuals doing charity are required to keep books.

In fact, current laws have set out requirements on accounting and fundraising activities in Circular 41/2022 of the Ministry of Finance and Decree 93/2021 of the Government applicable to activities of mobilizing, receiving and distributing voluntary contributions to support natural disasters, epidemics, incidents and patients with serious illnesses.

Article 3 of Circular 41/2022 clearly stipulates that all organizations, agencies, units and individuals with activities related to mobilizing, receiving, distributing and using voluntary contributions to carry out social and charitable activities must open books to fully record arising economic transactions, prepare reports and provide transparent information according to relevant regulations and laws.

Check money transactions (Photo: Manh Quan).

According to Circular 41, organizations, agencies and units with social and charitable activities that organize separate accounting for activities of mobilizing, receiving and distributing voluntary contributions must open accounting books to record and fully account for all arising transactions, and at the same time prepare transparent financial reports in accordance with regulations.

For units that do not have a separate accounting system for charitable activities but only hold other positions, the accounting will be performed on the same accounting system as the unit. However, the revenues and expenditures from the activities of mobilizing and receiving voluntary contributions must be tracked in a separate detailed book to ensure proper use.

Annually or periodically, the unit must prepare a report on revenue and expenditure for social and charitable activities; publicly disclose data according to the law and separately explain this part in the general financial report to ensure transparency.

For individuals carrying out social and charitable activities, Circular 41 requires them to open a book to record full information on the results of receiving, distributing and using contributions; at the same time, make reports and publicize the revenue and expenditure in accordance with the provisions of law.

Accounts must be separate and personal expenses must not be shared.

Decree 93/2021 also clearly stipulates cases where individuals participate in mobilizing, receiving, distributing and using voluntary contributions to overcome difficulties caused by natural disasters, epidemics and incidents in the country.

Accordingly, individuals who campaign for charity must open a separate account at a commercial bank for each campaign to receive and manage all donations; at the same time, arrange a suitable location to receive and preserve the items during the reception period.

A bank employee checks a money transaction (Photo: Manh Quan).

When requested by the donor, the individual must issue a receipt for the contribution in cash or in kind. After the announced acceptance period has expired, the individual may not continue to accept further contributions and must notify the bank where the account is opened of the cessation of acceptance.

The costs of mobilization, reception and distribution are borne by the individual calling for donations; if agreed by the contributor, the individual can deduct from the donation source but must summarize and make it public.

Voluntary contributions to overcome natural disasters, epidemics, and incidents are not included in the State budget. If used to repair or construct essential infrastructure works or purchase equipment, the financial receipt and management shall be implemented in accordance with the provisions of Article 13 of Decree 93. In case the assets are supported for state agencies and public service units, the assets must be received, valued, and managed in accordance with the regulations.

Individuals who mobilize charity must ensure publicity and transparency; open a book to record all money and goods received and distributed to each subject and locality. The results of revenue and expenditure must be made public according to Article 14 of Decree 93 and sent in writing to the People's Committee of the commune where they reside for posting within 30 days.

Source: https://dantri.com.vn/kinh-doanh/nhin-tu-vu-nuoi-em-ca-nhan-lam-tu-thien-khong-duoc-nhap-nhem-tai-khoan-20251209100252064.htm