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Decree 64/2008 / ND-CP stipulates that “individuals and organizations cannot donate relief without permission” are considered obsolete and must be revised to adapt to reality.
Vietnam has been heavily influenced by climatic extremes for the past two decades. Natural disasters, storms and floods often occur, especially in the central region. In fact, relief and improvement activities for people in the affected areas are not only the responsibility of the State, but also of the consensus, union and contribution of the people.
In recent days, singer Thuy Tien and a number of individuals and businesses have mobilized hundreds of billions of people to support the relief process; come to the place, deliver money and gifts to people in need in Central. However, this gesture is considered to violate the prohibition of Decree 64/2008 / ND-CP and Circular 72/2008 / TT-BTC.
In article 5 of this Decree, only three groups of organizations and units can receive and distribute relief money and goods:
– Central Committee of the Front of the Homeland of Vietnam; Vietnam Red Cross Association; central and local newspapers and radio stations; Vietnam Homeland Front Committee and the Red Cross Association at all levels at the local level.
– Social funds and charity funds are established and operated in accordance with regulations.
– Organizations and central units allowed by the Central Committee of the Vietnam Homeland Front; Local organizations and units permitted by Vietnam Homeland Front Committees at provincial and district level.
“Apart from the organizations and units mentioned, no organization, unit or individual has the right to receive relief money and goods”, declared Decree 64/2008 / ND-CP.
Thuy Tien gave gifts to the people of Hue. Image: Facebook Thuy Tien.
According to lawyer Vo Dan (Ta Pha law firm), the decree was issued 12 years ago against the background of unpredictable developments in social life. At that time, the social network and the Internet money transfer system were not as developed as they are now, so the ability of singers and artists to mobilize a large amount of money was completely unexpected.
“However, the law originates in life and returns to the service of life. But life is constantly moving and changing, giving rise to many regulations that may be appropriate and doable at this stage. but he accidentally became a barrier, he tied himself up at another time, “said Mach.
According to the lawyer, then, the most important thing is to consider and evaluate to agree on the adjustment. And some provisions of Decree 64/2008 / ND-CP and Circular 72/2008 / TT-BTC are not exceptions. From this typical incident, the addition and change of legal regulations when deficiencies arise are essential.
Mr. Mach proposed that the decree should expand the subjects and subjects with the right to organize, units to receive and distribute money and relief goods. Consequently, in addition to the organizations listed in Article 5, it is necessary to allow other units, individuals and organizations to organize the receipt of relief money and goods. However, to avoid the appearance of spontaneous activities that are difficult to control and manage, it is necessary to limit the scope that other people, organizations and units can receive and distribute money. must in all cases.
How: Other individuals, organizations, and units can only receive and distribute relief money and goods in the event of natural disasters, fires, or serious incidents that cause extensive damage to real people, property, and vehicles. people export.
To ensure feasibility in the application process, Circuit’s attorney said some related regulations also need to be adjusted. As stipulated in point b, clause 1 Article 11 in principle use monetary contributions, relief items to overcome the consequences of natural disasters, fires, serious incidents It should be supplemented based on the sources of contributions received by individuals, units and organizations (as revised content). “This complement is necessary, ensuring a greater balance in the receipt of support and distribution of the source of contributions to households, regions and localities,” said the lawyer.
Answer VnExpressMr. Vo Thanh Hung (Director of the State Budget Department, Ministry of Finance) said that the provisions of Decree 64/2008 / ND-CP and Circular 72/2008 / TT-BTC aim to guarantee the authorities request support and distribute aid money effectively, ensuring that state agencies exercise their right to receive donations. Consequently, the fact that some people raise money based on the trust of the community and directly carry out charitable works is not subject to the provisions of Decree 64/2008 / ND-CP and Circular 72/2008 / TT – BTC.
“While people are fighting the flood, many people, artists and businesses can raise money and do charity work directly,” Hung said, noting that the government does not prohibit or enforce all charitable money to go to the people through the relief committee (established by the Central Vietnam Homeland Front and at all levels). The State only encourages individuals and organizations to donate to official bodies to correctly identify those who need the most support, to avoid duplication. There are areas where many donors go, so people get support many times, while many other people in distress are ignored.
“However, the Ministry of Finance is also consulting to draft a revision of Decree 64 because the Front of the Fatherland and the Vietnam Red Cross have not yet matched the regulations. Furthermore, the new regulations are not yet consistent. It will consider specifying the level of support for objects in a more specific and appropriate way, “Hung said.
Quoc Thang – Quynh Trang
