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Image source, Reuters
Donation of relief items in Thua Thien Hue October 20
In Vietnam, many people have helped raise funds to help amid damaging floods in the central region.
However, a lawyer pointed out that a legal document “backwards” can make volunteer work illegal.
In recent days, singer Thuy Tien is one of the prominent people soliciting donations and receiving tens of billions of dong for the people of Central Vietnam.
On October 20, on his personal Facebook, Thuy Tien announced: “The amount raised in a week so far exceeds 100 billion.”
She shared her mood: “Now I’m starting to worry, I don’t know if I’ll be able to save this money to help the flood until I can sit back and do business … But think about how happy people are when you get support and look forward to it every day, I’ll do my best. “
According to the media, many famous people and private companies in Vietnam are also joining the call for donations.
However, Hanoi lawyer Ngo Ngoc Trai said there should be a new law that “creates a legal corridor to protect relief activities like singer Thuy Tien.”
Writing on his personal Facebook, he said: “Currently the issue of mobilizing contributions for flood disaster relief is currently governed by the government Decree 64/2008 / ND-CP on” Incidence, he continued. Receive, distribute and use voluntary contributions to support people in overcoming the consequences of natural disasters, fires and serious incidents of patients with fatal diseases ”.
He noted: “Through research, the content of this document is too out of date, no longer in line with current reality.
Specifically, Decree 64 stipulates that only the following state agencies can receive and distribute aid money.
1. Central Committee of the Vietnam Fatherland Front; Vietnam Red Cross Association; central and local media agencies; Vietnam Homeland Front Committee and the Red Cross Association at all levels at the local level.
2. Social funds, charitable funds regulated by the government.
3. Organizations and central units permitted by the Central Committee of the Vietnam Homeland Front; Local organizations and units permitted by Vietnam Homeland Front Committees at provincial and district level.
4. Apart from the organizations and units mentioned, no organization, unit or individual is entitled to receive relief money and goods. “
More recently, according to him, according to Circular 72/2018 / TT-BTC from the Ministry of Finance, there are also regulations on media agencies such as newspapers and radio to receive relief money, but no. distribute to organizations and individuals, except in cases of support for critically ill patients where the address is specified.
For agencies and units that are the focal point for receiving aid money and goods, the money collected must be deposited directly into the Aid Board account established by the Front of the Homeland.
Mr. Ngo Ngoc Trai wrote: “Therefore, according to this regulation, not only the work of singer Thuy Tien, actor Tran Thanh, other artists or religious organizations, prestigious businessmen want Community service volunteers not are done correctly “.
Meanwhile, the Vietnam Bar Association magazine, the legal messenger, interviewed lawyer Vu Quang Ba (AB & Partners Law Firm, Hanoi Bar Association), who has other interpretations.
Mr. Vu Quang Ba said: “Currently, actions to establish charitable funds, mobilize, receive and use voluntary contributions for humanitarian activities are specified in Decree 64/2008 / ND-CP dated May 14, 2008 and Decree 93/2019 / ND-CP of November 25, 2019.
He said: “However, in both documents, there is no law that prohibits people from mobilizing and receiving charitable donations.”
In Decree 64/2008 / ND-CP, the State also clearly stipulates, encouraging, honoring and creating favorable conditions for nationals and foreigners to make contributions, as well as mobilize contributions. to quickly overcome the consequences of a natural disaster, or to help patients with serious illnesses … The act of preventing people from participating in humanitarian aid is considered one of the prohibited acts. “
According to lawyer Vu Quang Ba: “The fact that individuals and organizations transfer money and relief items through a single person, then this person on their behalf or on their behalf moves to difficult circumstances such as: facing a natural disaster, fire, serious illness … as a form of trust, doing charity work on their behalf. “
“Therefore, the person who receives the money or property must fulfill the purpose of receiving the announced relief money or property or the commitment to the trustee in order to use the money, relief.”
Meanwhile, the flood situation in central Vietnam continues to progress in a difficult way.
On October 20, Vice Premier Trinh Dinh Dung and the central delegation visited, encouraged and presented gifts to people in the Cam Xuyen floodplain, Ha Tinh province.
