Circular 02/2013/tt-Bnv: Detailing And Guiding The Implementation Of A Number Of Articles Of Decree No. 30/2012/nd-Cp Dated 12 April 2012 Of The Government On The Organization, Operation Of Social Funds, Fund T

Original Language Title: Thông tư 02/2013/TT-BNV: Quy định chi tiết và hướng dẫn thi hành một số điều của Nghị định số 30/2012/NĐ-CP ngày 12 tháng 4 năm 2012 của Chính phủ về tổ chức, hoạt động của quỹ xã hội, quỹ t

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INTERIOR MINISTRY
Number: 02 /2013/TT-BNV
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 10, 2013

IT ' S SMART

Detailed rules and guidelines for certain provisions of the Protocol.

number 30 /2012/NĐ-CP April 12, 2012 Government

about the organization, the activities of the social fund, the charity fund

________________

Base of Protocol 61 /2012/NĐ-CP August 10, 2012 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of the Interior;

Base of Protocol 30 /2012/NĐ-CP April 12, 2012 of the Government on the organization, the operation of the social fund, the charity fund;

At the request of the Secretary of the NGO,

The Minister of Internal Affairs issued the details of the details and guidelines that enforce some of the provisions of the Protocol. 30 /2012/NĐ-CP April 12, 2012 by the Government on the organization, the operation of the social fund, the charity fund,

What? 1. Range and subject applicable

1. This information specifies the details and guidelines that implement some of the provisions of the Digital Protocol 30 /2012/NĐ-CP April 12, 2012 by the Government on the organization, the operation of the social fund, the charitable foundation (later called the Digital Protocol). 30 /2012/NĐ-CP).

2. This information applies to social funds, charitable foundations and citizens, organizations that are related to the organization, the activities of social funds, the prescribed charity fund at the International Agenda of the United States. 30 /2012/NĐ-CP.

What? 2. The establishment of the fund by the will or at the request of the donor to the property through the authorization contract

1. The case of a testament to the will, the will of the person leaving the inheritance to the citizens, the organization of Vietnam with the obligation to make a request for the foundation must be established in the form of a written testament with the evidence or testament to the evidence. The rules of law.

2. The establishment of the fund at the request of the donor, donating the property through the authorization contract is the donor, donating the property to the recipient, donating property (citizens or organization) with the condition of the recipient, giving the property responsible for standing up to the city. The foundation passed the proxy contract as the founding member of the foundation. The authorized contract must be written and legally required by law.

3. The case of citizens, the organization that receives inheritance or dedication, donated the property to not enough number of founders to form a fund by regulation at paragraph 2 Article 9 digital decree 30 /2012/NĐ-CP Citizens, organizations, inheritance or inheritance, with an additional responsibility to add up to the number of founders by regulation, the added founder is not to contribute to the provision of a fund in accordance with Article 9 of the Census. 30 /2012/NĐ-CP.

What? 3. Legal establishment of the fund

1. When the fund has a need and sufficient conditions of established legal subordination, activities in the areas that are consistent with the fund charter have been recognized by the competent state governing body that the law has specified specifically on conditions, procedures, sequences, records, and more. The agency with the authority to grant operational license (operating registration certificate, business license or other form) the fund decides to establish a legal and informed state agency that has jurisdiction in Article 16 of the number of states. 30 /2012/NĐ-CP.

2. Content message:

a) the name of the sorcerer;

b) The address of the headquarters of the law;

c) The scope, the field of operation of the legal;

d) They and their names, the permanent address of the representative under the law of the law;

The decision was made to be a legal one.

e) Copy of the document: Regulation or regulation of the organization, the operation of the legal; the decision to appoint the head of the legal person; the operating permit provided by the state authority (if any).

What? 4. Founder, Member of the Fund Management Board

1. The founding member of the foundation if the management of the authority of the authority is to be agreed by the written consent of the competent authority under the regulation of the devolve management before the state management of the state under regulation at Article 16. Number Protocol 30 /2012/NĐ-CP License to establish and recognize the fund charter.

2. HR is expected to be a member of the board of directors under the jurisdiction of the competent authority, which must be agreed by the written consent of the competent authority under the regulation of cadet management prior to the election of the fund management board and the agency. State management by regulation at Article 16 of the number of countries 30 /2012/NĐ-CP I do. The Chairman of the Fund Management Board is term along with the term of the Foundation's Board of Directors.

What? 5. The suspension only uses the fund ' s seal

1. Authority of the authority stipulated at Article 16 of the number 30 /2012/NĐ-CP decision to suspend the suspension of the fund ' s seal when the fund is suspended only by law.

2. The Fund was continued to use the seal when the authority authorities decided to allow the fund to operate back after being suspended only.

What? 6. Text Presentation Model Guide

1. This is accompanied by this message:

a) The category of text presentation applies to the funds and citizens, the Vietnam organization (Annex I);

b) The text presentation pattern applies to the state governing body (Annex II).

2. The format and specification of the prescribed text at the Digital Notice. 01 /2011/TT-BNV January 19, 2011 of the Ministry of Internal Affairs Guide and Technical Presentation Engineering.

What? 7. Effect of execution

1. This message has been in effect since 1 June 2013.

2. This information replaces the Digital 09 /2008/TT-BNV December 31, 2008 of the Secretary of the Interior directed the implementation of some of the provisions of the Protocol 148 /2007/NĐ-CP September 25, 2007 by the Government of the Organization, the operation of the social foundation, the charity foundation.

What? 8.

1. Minister, Vice President of the Ministry of Foreign Affairs, Head of Government of the Government, Chairman of the People's Committee of the Provinces, the Central City of Central and Social Funds, the charitable fund is responsible for implementing this Information.

2. In the course of the execution if there is an entangrium, recommend the agencies, units, the funds that reflect on the Ministry of the Interior for the study, modification, complement to the ./.

KT. MINISTER.
Chief.

(signed)

Nguyen Tien