|Mr. Vu Duc Hoi, Deputy Director of the State Budget Department (Ministry of Finance)|
Could you please tell us the necessity and goal when promulgating Decree No. 93/2021/ND-CP in the context of natural disasters and pandemic over the past time?
Along with resources of the state budget spending for natural disaster prevention, control and remediation, the mobilization of voluntary contributions from domestic and foreign organisations and individuals play an important role and have profound social significance, demonstrating our people’s solidarity and sharing in difficulties.
In 2008, the Government issued Decree No. 64/2008/ND-CP on mobilizing, receiving, allocating and using voluntary contributions, thus organizations and units have called, mobilized voluntary contributions to help people overcome the consequences of natural disasters, fires, and serious incidents, contributing to stabilizing their lives.
However, up to now, the implementation of Decree 64/2008/ND-CP has arisen some shortcomings. Therefore, the Government issued Decree No. 93/2021/ND-CP dated October 27, 2021 on mobilizing, receiving, allocating and using voluntary contributions to support overcoming difficulties caused by natural disasters, pandemic, incidents; supporting patients suffering from serious diseases in order to replace Decree No. 64/2008/ND-CP is necessary.
The goal set when formulating Decree No. 93/2021/ND-CP is to unify the mobilization, receipt, allocation and use of voluntary contributions to support people in overcoming difficulties caused by natural disasters, pandemic, incidents; supporting patients suffering from serious diseases in the whole country.
At the same time, specify the contents of the scope of regulation, the subjects of application, the agency calling for advocacy, the time of mobilization, receipt, and expenditures from voluntary contributions; avoiding overlap in the implementation of advocacy, reception and allocation.
The promulgation of the Decree is also to ensure the effectiveness and timeliness mobilization, receipt and allocation of voluntary contributions; encouraging, honoring and facilitating organizations and individuals to promote the spirit of solidarity, mutual affection, mutual love and quick support in order to stabilize life, restore and develop production and living activities of the people. At the same time, regulations on ensuring the publicity and transparency of mobilization, receipt and distribution.
How has the scope of regulation and application in Decree No. 93/2021/ND-CP changed compared to Decree No. 64/2008/ND-CP, sir?
Pursuant to the provisions of the laws to formulate the Decree and the reality when implementing the mobilization, receipt, distribution and use of voluntary contributions, Decree No. 93/2021/ND-CP has been opened the scope of regulation and subjects of application compared to Decree No. 64/2008/ND-CP in order to mobilize maximum resources from the society to support for overcoming difficulties caused by natural disasters.
In terms of scope of regulation, besides the scope of regulation of Decree No. 64/2008/ND-CP, Decree No. 93/2021/ND-CP supplementing regulations on overcoming difficulties caused by pandemic from voluntary contributions including human infectious diseases specified in the Law on Prevention and Control of Infectious Diseases, animal diseases prescribed in the Law on Veterinary Medicine, and plant pests and diseases specified in the Law on Plant Protection and Quarantine.
In terms of subjects of application, besides the target groups that are allowed to participate in mobilizing, receiving and allocating voluntary contributions as prescribed in Decree No. 64/2008/ND-CP such as the Fatherland Front Committee Vietnam, the Vietnam Red Cross Society, charity funds, Decree No. 93/2021/ND-CP has added a National Steering Committee for natural disaster prevention and control (in case of emergency situations of natural disasters, calling for international voluntary contributions); ministries, ministerial-level agencies and agencies under the Government; provincial and district People’s Committees; enterprises, cooperatives, other organisations with legal status and individuals with full civil act capacity.
In recent years, transparency in mobilizing individual charitable donations has received special attention from the public. So, how does Decree No. 93/2021/ND-CP regulate to ensure publicity and transparency?
This is a new point in the provisions of Decree No. 93/2021/ND-CP. To ensure publicity and transparency, the Decree has regulated specific regulations.
Accordingly, individuals are responsible for informing on the media about the purpose, scope, method, form of campaign, the receiving account (for money), the receiving location (for exhibits), commitment in distribution time; at the same time, the campaigner sends a document to the commune-level People’s Committee of the place of residence to notify this content.
Local government will store to monitor and provide information upon request of organizations and individuals who participated in contribution or received support and competent agencies for guiding, monitoring, inspecting, examining, supervising and handling violations.
This Decree also stipulates that individuals participating in the campaign must open a separate account at a bank for each campaign to receive and manage all contributions; arrange a place to receive and preserve the donation in kind; have a receipt for the cash or in-kind contributions received if the contributor requests it and no further voluntary contributions are accepted after the end of the time of receipt as committed; taking responsibility for notifying the place of opening the account about stop receiving voluntary contributions.
At the same time, individuals who call for donations must notify the locality where the support is received to coordinate in determining the scope and group of people in need of support, the level of support, and time.
If the amount of the voluntary contribution is left over, the person who runs the campaign must reach an agreement with the contributors to have a plan to use; or transfer to the Fatherland Front at all levels to implement social security policies to ensure conformity with the committed objectives.
Also according to Decree 93, individuals who runs the campaign for relief must pay all related costs by themselves such as costs of receiving, distributing and using donations… In the case that organizations and individuals who contribute to the campaign agreed, the campaigner may deduct funds from the source of voluntary contribution but they must summarize and publicize this expense.
In addition, to ensure the publicity and transparency of voluntary contributions mobilized and distributed by individuals to overcome the consequences of natural disasters and pandemic, individuals who runs campaigns need to record full of information about this process, from receipt to distribution; publicize on the media and send the results to the commune-level People’s Committee of the place of residence for posting at the headquarters within 30 days.
Public contents should include documents of the campaign for relief; reception results (total amount of money and in-kind received); distribution results… At the request of competent authorities, relief advocates are responsible for providing information.