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Along with singer Thuy Tien, many singers, actors, models … are also personally donating, diving to the place (Hue, Quang Tri, Quang Binh …) to visit directly and give money to save. great support for people in flooded areas.
I thought the story was very commendable, that it deserved to be replicated so that people suffering from natural disasters soon overcome their damages, but they wonder about the legality of the spontaneous relief activities mentioned above.
It should be noted that Decree 64/2008 (on the mobilization, reception, distribution and use of voluntary contributions to support people to overcome the difficulties caused by natural disasters, fires, serious incidents …) There are no regulations for such individuals and groups of people mobilize and receive relief money and goods.
After a week of relief efforts in the central region, on the night of October 20, singer Thuy Tien returned to Ho Chi Minh City. Photo: zing.vn
According to article 5 of this Decree, there are only three groups of organizations and units that can receive and distribute relief money and goods. Include:
one. 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.
2. Social funds and charitable funds are established and operated in accordance with regulations.
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.
Also in accordance with Article 5, the Government emphasized: Apart from the organizations and units mentioned, no organization, unit or individual has the right to receive relief money and goods.
Singer Thuy Tien brought goods and money directly to the people of Central Vietnam. Photo: FBNV
Along with that, Circular No. 72/2008 of the Ministry of Finance also establishes more restrictive restrictions than Decree 64/2008. According to this circular, newspapers and radio can only receive money and goods from aid domestic and foreign organizations and individuals, but they are not allowed to distribute such relief money and goods (Except for direct care payments for patients with management-specific critical illnesses).
Thus, if according to the above provisions, it is considered that the singer Thuy Tien, many other artists, individuals, companies … have the same beauty as … violating the prohibition of Decree 64. / 2008.
Not only they, many newspapers and radios also violated the previous circular when they were organizing the direct delivery of money and relief goods to relatives, so as not to deliver them to the Relief Board at the same level that the circular requires.
12 years ago, perhaps preoccupied with personal interest and unable to see the needs, potential and effectiveness of the voluntary activities of many non-state individuals, units and organizations, so Decree 64 / The new 2008 has the limitations irrational above.
Over time, that insufficiency has become more and more evident and, although we do not want to violate it, many people and organizations that really have the heart and the ability to donate money and relief goods, cannot comply.
According to the Law for the Promulgation of Legal Documents, one of the requirements of legal documents is to ensure the constitutionality, legality, consistency of the documents, feasibility, effectiveness and timeliness. , Easy to do…
For this reason, the regulations that prevent organizations, individuals and individuals from participating in activities or receiving humanitarian aid under Government Decree 64/2008 and Circular 72/2008 of the Ministry of Finance need to be canceled immediately.
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