NON-­GOVERNMENTAL ORGANIZATIONS IN VIETNAM

Non-­governmental organizations in Vietnam

Vietnam-based representative office of a foreign investor means a dependent unit, a lawful office in Vietnam, allowed to recruit staff to manage and promote sale contracts with local business partners, research and develop products, seeking opportunities for the purchase or sale of goods and provision of services. A foreign representative office is a simple form of investment in Vietnam to enhance business from overseas, with multiple advantages while fewer risks regarding the required business compliance procedures such as investment capital, tax, accounting, and auditing. And it is easy to be extended or terminated or dissolved. The expatriate employees who work for representative office can obtain work permit and two years multiple visa (temporary residence card) for themselves and their family in Vietnam.

The State of Vietnam encourages and creates favorable conditions for foreign non-­governmental organizations to carry out humanitarian and development activities in Vietnam. Vietnamese state provides the registration and management of development assistance and humanitarian aid activities not for profit or other purposes of foreign non-governmental organizations, non-profit organizations, social funds, private funds or other social or non-profit organizations, which are established under foreign laws and carry out development assistance and humanitarian aid activities not for profit or other purposes in Vietnam.

The following are the related definitions of foreign non-governmental organization in Vietnam:

  1. Foreign non-governmental organization means non-governmental organizations, non-profit organizations, social funds, private funds or other social or non-profit organizations, which are established under foreign laws and carry out development assistance and humanitarian aid activities not for profit or other purposes in Vietnam.
  2. Humanitarian and development activities means activities to support development and provide humanitarian aids not for profit or other proposes.
  3. Program means a combination of related activities and projects which may involve one or more than one sector, domain, territory and stakeholder for achievement of one or more than one set objective, are implemented for a relatively long period or in different phases and funded by different sources in different times and with different modes.
  4. Project means a combination of related activities which aim to achieve one or more than one set objective and are implemented in specific localities and periods and funded by specific sources.
  5. Non-project aid means an aid not under a program or project which is provided in kind, cash or specialists (including voluntary specialists) for humanitarian or development purposes.
  6. Long-term commitment means a commitment of funding or operation for at least 5 (five) years.
  7. Vietnamese partner means a Vietnamese agency or organization which directly cooperates and signs a cooperation agreement with a foreign non-governmental organization or a foreigner after being approved by a competent Vietnamese authority.
  8. Registration certificate means a document certifying that a foreign non-governmental organization has registered operation under this Decree. A registration certificate can be an operation registration certificate, a project office registration certificate or a representative office registration certificate.
  9. Representative office means a Vietnam-based official representative agency of a foreign non-governmental organization.
  10. Project office means an independent office or a section of a representative office, which is based in a locality to supervise and implement projects financed by a foreign non-governmental organization in that locality or in the area where there is no project office upon project completion.
  11. Framework agreement means an agreement signed between a lawfully competent Vietnamese agency or organization and a foreign non-governmental organization, which defines the rights, responsibilities and contents of humanitarian and development activities of that foreign non-governmental organization in Vietnam.

A foreign non-governmental organization may be considered for obtaining an operation registration certificate, a project office registration certificate or a representative office registration certificate.

A foreign non-governmental organization must have obtained an operation registration certificate prior to setting up a project office or a representative office in Vietnam.

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CEO Dinh Nam Hai, VIVA Business Consulting

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VIVA BUSINESS CONSULTING

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