The government recently issued Decree 03/2026, regulating the organization and operation of social and charity funds established in Vietnam. This decree defines social and charity funds as non-governmental organizations formed by individuals or entities voluntarily contributing assets or through wills, donations, and gifts. These funds must be licensed by competent authorities, have their charters recognized, and operate on a non-profit basis.
The new decree outlines that funds operate according to administrative boundaries: national or inter-provincial, provincial, and communal levels, eliminating the district-level fund. The government strictly prohibits funds from accepting deposits, lending, or making capital contributions. Funds must utilize assets and finances frugally, adhering to their principles and objectives. They are also required to fulfill tax, fee, and charge obligations, comply with accounting, auditing, and statistical regimes, register for tax codes, and declare taxes.
Effective 1/3, the minimum asset contribution to establish a fund operating nationwide or inter-provincially is 8 billion VND, an increase of 1.5 billion VND from the current 6.5 billion VND. A fund operating within a province must possess a minimum of 1.6 billion VND, while a communal-level fund requires at least 100 million VND.
When foreign individuals or organizations contribute assets alongside Vietnamese citizens, the minimum contribution for a fund operating nationwide or inter-provincially is 10.8 billion VND. For a provincial scope, it is 4.6 billion VND, and for a communal level, 1.2 billion VND. Fund contributions include Vietnamese dong and other assets convertible into Vietnamese dong, such as foreign currency, in-kind contributions, and other property rights, with Vietnamese dong accounting for at least 50% of the total value. All funds must maintain a headquarters and address located within Vietnamese territory.
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Residents of Hue City help transfer relief goods to flood-affected people in the South Central region. Photo: Vo Thanh |
The decree mandates that funds store and provide complete records, vouchers, and documents concerning assets and finances to competent state agencies. They must also be subject to inspection and supervision by managing agencies, sponsoring organizations, individuals, and the community as per legal regulations. Before 31/3 annually, funds must publicly disclose contributions, received assets, and their utilization results through mass media. Concurrently, they must report their operations and finances to the Ministry of Home Affairs, the Ministry of Finance, sectoral management agencies, and the provincial People's Committee where their headquarters are located.
Furthermore, the decree includes provisions for a fund database to be connected to the National Public Service Portal, the Ministry of Home Affairs' Public Service Portal, and the data systems of ministries, sectors, and localities. This integration aims to streamline procedure resolution and enhance management efficiency.
Hong Chieu
