The Vietnamese State encourages and creates favorable conditions for foreign non-governmental organizations to carry out humanitarian and development activities in Vietnam. In order to operate in Vietnam, a foreign non-governmental organization must register with competent agencies of Vietnam in accordance with Decree No. 12/2012/NĐ-CP. Ami Law Firm hereby would like to provide provisions in terms of requirements and procedures for registering the operation for NGOs.
Requirements for a foreign non-governmental organization is granted an operation registration certificate in Vietnam:
– Have the legal person status under the law of the country in which it is established; and
– Have a clear operation charter and guidelines; and
– Have a plan on humanitarian and development activities in Vietnam through programs, projects or non-project aids in line with socio-economic development policies of the Vietnamese State.
Procedures for granting the operation registration certificate for NGOs:
Step 1: The NGO submits a full dossier to the Committee for Foreign Non-Governmental Organization Affairs (Committee) in the following ways:
+ Face to face transaction at the office of the standing body of the Committee; or
+ Through the portal system of the Committee;
+ By post; or
+ Through a foreign-based Vietnamese representative mission.
Step 2: The standing body of the Committee receives and processes the dossier and consults relevant agencies.
Step 3: The standing body of the Committee collects comments and transmits the dossier to the Ministry of Foreign Affairs for consideration and issuance of the operation registration certificate.
Step 4: The Foreign Affairs Ministry sends back the results to the standing body of the Committee to notify the NGO.
The certificate of operation registration is received by the application signce or an authorized person directly at the office of the Committee or by post. The authorized person is required to present a letter of authorization and personal paper when transactions.
List of documents:
– An application form signed by a competent person;
– A copy of the NGO’s charter which is consularly legalized unless otherwise provided by a treaty which Vietnam has signed or acceded to;
– The original or a certified copy of the legal status certificate issued by a competent authority of the country in which the organization is established or headquartered, which is consularly legalized, unless otherwise provided by a treaty which Vietnam has signed or acceded to;
– Documents of the person expected to be the representative of the NGO in Vietnam:
- Decision on appointment signed by the head of the NGO;
- Brief resume or curriculum vitae;
- Copy of passport/ID Card/Citizen ID Card;
- Judicial record: The foreigner representative not residing in Vietnam must have a judicial record, which is consularly legalized; in case he or she resides in Vietnam for more than 6 months, an original judicial record issued by the competent authority of the Vietnamese state is required. The judicial record must be within 6 months validity from the date of issuance up to the time of submission.
– Plan of activities in Vietnam.
– Other documents (if any): Copy of project document….
Quantity of dossier:
– 01 original set (a dossier in a foreign language must be enclosed with a lawfully certified Vietnamese translation);
– 01 copy set
Duration: Within 45 (forty five) working days after receiving a complete and valid dossier
Result of procedure: an operation registration certificate or a notice on refusal of issue of operation registration certificate.
Term of operation registration certificate: The certificate is valid for 03 (three) years from the issuance date. The certificate will be invalid when:
– Its validity term exceeds the operation registration time limit of the NGO in the country in which that organization is established or headquartered (if any);
– The NGO has obtained a Vietnam-based project office or representative office registration certificate.
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