Fundraising Activities by Not-for-Profit Organizations under Vietnamese Law

MEMORANDUM

Fundraising Activities by Not -for -Profit Organizations under Vietnamese Law
Ho Chi Minh City, November 2012

Background

In order to operate, not -for -profit organizations (NPOs) need to seek and secure funding from legal
sources, including individuals, businesses, local and international organizations, intergovernmental
organizations, as well as local, nat ional, and foreign governments. While s ome legal guidance
exist s, such as procedures for receiving funds from overseas; overall , such guidance is limited . As
such, there is uncertainty about what is and what may not be permitted. With the goal of providing
clarification for NPOs operating in Vietnam , the LIN Center for Community Deve lopment (LIN)
collaborated with legal experts and NPO practitioners to prepare this memo on fundraising by not –
for -profit organizations in Vietnam.

To prepare this memo, LIN first engaged Ms. Hoang Thi Thanh Thuy, a Vietnamese Lawyer and
Member of the H o Chi Minh City Bar Association. Upon receipt of a comprehensive overview of
the existing legal framework for fundraising, LIN engaged a pro bono team from YKVN law firm
to analyze and summarize this information .1 With a more firm understandin g about the legal
framework, LIN surveyed thirty -three (33) local and international NPOs that are actively raising
funds in Vietnam to learn from their experiences. 2 Follow -up interviews were conducted with
thirteen of these NPOs .3 In some cases, LIN reach ed out to local authorities to help answer
questions arising from this primary and secondary research.

This memo is divided into two parts: (I) the legal framework for NPO fundraising , and (II ) recent
NPO fundraising experiences . We also attached an appendix, which offers complimentary
information and resources to support compliance with existing procedures for NPOs to fundraise in
Vietnam.

I. Introduction : Legal Framework for NPO Fundraising

In this memor andum we discuss the permissible and impermissible fundraising activities of not -for –
profit organizations (“ NPOs ”) under Vietnamese Law. This memorandum focuses on the broad
rules applicable to the fundraising activities of NPOs and does not seek to identify every license,
permit or approval that may be required for an NPO to implement a specific fundraising activity or

1 The content in this memorandum is provided for informational and educational purposes only and is not
offered as, and does not constitute, legal advice or legal opinions. These materials are intended to be, but are
not promised or guaranteed to be, curren t, complete, and up -to-date and should in no way be taken as an
indication of future results. Transmission of the content in this memorandum is not intended to create, and
the receipt of this memorandum does not constitute, an attorney -client relationship between YKVN and any
receiver or any other third -party. You should not act or rely on any information contained in this
memorandum without first seeking the advice of an attorney. 2 The sample included a variety of NPOs, including: Volunteer Groups (13), SREs (6), INGOs (4), STOs (3),
Associations (2), Fund (1) and other (4). 3 Follow -up interviews were conducted with a variety of NPOs, including: Volunteer Groups (4), STOs (3),
SREs (2) and Funds (1).

MEMORANDUM 2 Nov. 2012

program. Accordingl y, in the first section, we list the forms of NPOs that may be established in
Vietnam. In the second section, we describe the process for the establishmen t applicable to each
form of NPO. Finally , in the third section of this memorandum, we describe the permissible and
impermissible fundraising activities applicable to each form of NPO .

In preparing this Memorandum, we have reviewed and relied on the legal documents listed in
Annex 1.

1. Several Forms of NPOs Operating in Vietnam

There is no specific definition given to the term NPO under Vietname se law . Rather, based on the
various regulations that regulate the establis hment and operations of organizations with non -profit
purposes , it is possible (perhaps even reasonable ) to conc lude that Vietnamese law allows for the
establishment and operation of the following for ms of NPOs :

(i) Social relief establishments (including Stated -owned and privately -owned
establishments) (“SRE ”);
(ii) Social and charitable funds;
(iii) Associations;
(iv) Scientific and technological organizations (“ STO ”); and
(v) International non -governmental organizations (“ INGO ”).

The NPOs listed above are the NPOs specifically contemplated by Vietnamese law. However , in
practice , we understand that NPOs in Vietnam also exist in the forms of other voluntary groups and
clubs, which also perform various charitable and non -profit functions, but which are not formally
organized under the law. Voluntary group s and club s may , in practice, gather contributions from
their members and the n directly give these contributions to beneficiaries, who may include, without
limitation, SREs, social funds, charitable funds, associations, STOs and INGOs that are duly
established . However, as one might expect, Vietnamese law is generally silent on sp ecific
provision s applicable to these informal NPO s. Likewise, this memorandum will not specifically
address the legal environment applicable to the fundraising activities of informal NPOs.

2. Establishment/Operation Approval for Each Form of NPO s Operating in Vietnam

NPOs must be granted with an appropriate establishment license and/or operation al approval by a
competent authority in order to operate in Vietnam . A brief overview of the process is described as
below for each respective type of NPO . For a comprehensive review of criteria and procedures for
establishment, please refer to “Forms of Not -for -Profit Organization Establishment in Vietnam”, a
memo prepared for LIN by Russin & Vecchi International Legal Counsellors. 4

a. Social Relief E stablis hments ( “SRE ”)

SREs must be formed pursuant to a Decision on Establishment . The competent authority for
issuing the approval , subject to the scope of operation of an SRE and/or type of an SRE, shall be:

(i) the Minister, or Head of a ministerial equivalent agency for an SRE that is under
the dire ct management of such agencies; or
(ii) the Chairman of the provincial Peoples’ Committee for an SRE that operates
throughout a province; or
4 https://www.linvn.org/cms/upload/FCKFile/file/R&V%20Memo%20 –
%20Forms%20of%20NPO %20Establishment%20in%20Vietnam%20%28revised%29%20Jun2012.pdf

MEMORANDUM 3 Nov. 2012

(iii) the Chairman of the district Peoples’ Committee for an SRE that operates solely in
a particular district of a province.

The regulatory time line for issuing the decision to establish an SRE is 30 working days from the
date of the competent authority’s receipt of a complete application dossier . Notably, a foreign
organization or individual can establish and operate an SRE in Vietnam .

b. Social F unds and Charitable Funds

Social Funds and Charitable Funds (“Funds ”) must be formed pursuant to a Decision on
Establishment . Notably, the Decision on Establishment for a Fund also operates to formally
approve the organization’s operational charter. The competent authority for issuing the approval ,
subject to the scope of operation of a Fund, shall be either of :

(i) the Minister of Home Affairs, for a Fund that operates (a) throughout Vietnam or
(b) in at least two provinces or (c) within a province and receives contributions
from foreign individuals/organizations in cooperation with Vietnamese
individuals/organizations ; or
(ii) the Chairman of the di strict Peoples’ Committee, for other Funds.

The regulatory time line for issuing the decision to establish a Social Fund is 40 working days from
the date of the competent authority’s receipt of a complete application dossier .

Upon the issuance of decision on establishment, a Fund can only begin to operate on the condition
that: (a) it has obtained a letter issued by the bank where the Fund opens its account certify ing that
the fund s contributed by the founding members and the o wnership over such other assets have been
transferred to the Fund; and (b) it has announced its establishment in three consecutive editions of a
newspaper.

A foreign organization or individual cannot solely establish a Fund in Vietnam. Instead, foreign
organizations and individuals must cooperate with one or more Vietnamese indiv iduals or
organizations to establish a Social or Charitable Fund .

c. Associations

Associations must be formed pursuant to a Decision on Establishment . The competent authority
for issuing the approval, subject to the scope of operation of an A ssociation , shall be either of:

(i) the Minister of the Home Affairs, for an Association that operates (a) throughout
Vietnam or (b) in at least two provinces ; or
(ii) the Chairman of the district Peoples’ Committee, for an Association that operates
within a province .

The regulatory time line for issuing the decision to establish an Association is 30 working days
from the date of the competent authority’s receipt of a complete application dossier .
By law, an Association’s membership is limited to Vietnamese individuals or entities, which
includes foreign -invested enterprises. However, Vietnamese law is silent on whether foreign
entities or individuals are permitted to participate in or establish an Association in Vietnam.

d. Scien tific and Technological O rganizations (STO)

STOs must be formed pursuant to a Decision on Establishment . The competent authority for
issuing the approval, subject to the type of STO, shall be:

MEMORANDUM 4 Nov. 2012

(i) the Government, for an STO at the central -level ;
(ii) the Prime Minister or the M inister or provincial -level People’s Committee
chairperson as authorized by the Prime Minister , for an STO at the provincial
level;
(iii) the competent authority as stipulated in the Law of Organizatio n of the National
Assembly, the Law of Organization of the Supreme People’s Court and the Law of
Organization of the Supreme People’s Procuracy, for an STO under the National
Assembly, the Supreme People’s Court or the Supreme People’s Procuracy ;
(iv) the central -level political organizations or socio -political organizations , for an STO
established by decisions of central -level political organizations o r socio -political
organizations;
(v) the Ministers , the Head s of ministerial equivalent agencies , agencies und er the
Government, the People’ s Committee chairpersons at the central -level , for STOs
under their management; or
(vi) other entities/individuals (including foreign entities/individuals) satisfying certain
conditions including foreign -invested STOs , for other STOs under their
management.

Upon establis hment , and prior to commencing operations, an STO must also register with either the
Ministry of Science and Technology [appl icable to those STOs set forth in (i) – (v) of this section
(e) above ] or the Provincial Department of Science and Technology (applicable to other STOs) .
The regulatory time line for registration of the operation of the STO is 15 working days from the
date of the competent authority’s receipt of a complete application dossier.

A foreign organization or individual may, upon the satisfaction of certain requirements , solely
establish a n STO .

e. International Non -Governmental O rganizations (INGO)

An INGO , as an international non -governmental organization rather than a Vietnamese
organization, is, by its very nature, initially established outside of Vietnam. T he operation of
INGO s in Vietnam is supervised by the People’s Aid Coordination Committee (“ PACCOM ”), a
State body. PACCOM has officers who are in charge of INGOs fr om particular geographic areas
(e.g. Europe, North America, and the Asia -Pacific region ). PAC COM’s headquarters are in Hanoi,
and it has a branch office in Ho Chi Minh City.

An INGO must obtain an Operation al Permit from PACCOM in order to legally operate in
Vietnam . After that, subject to its form for operation in Vietnam, an INGO is required to obtain
either (i) a Permit to set up a Project Office; or (ii) a Permit to establish a Representative Office.

The regulatory time line for PACCOM to issue each type of approval is 45 working days from the
date of its receipt of a complete application dossier . The term of a Permit to Operate is 3 years
from the date of issuance, whereas t he term of a Permit to set up a Project Office or a Permit to set
up a Representative Office is 5 years from the date of issuance.

3. Permissible and Impermissible NPO Fundraising Activities in Vietnam

Vietnamese law does not specify the types of fundrais ing activities that an NPO is permitted to
undertake or not permitted to undertake. Furthermore, Vietnamese law does not provide any
definition for “fundraising activities”. Instead, Vietnamese law provide s broad rules that establish
the activities that an NPO is permitted to undertake, which include, among others, fundraising
activities . For instance, a ll NPOs (for the INGOs, please refer to our analysis in section 3 (e)
below ) have the right to receive funds from their members and from both domestic and foreign

MEMORANDUM 5 Nov. 2012

organizations and individuals . Further, all NPOs ( (for the INGOs, please refer to our analysis in
section 3(e) below) ) are permitted to receive foreign non -governmental aid .

In addition to the direct receipt of fundraising resources from members and organizations , and upon
the obtainment of appropriate permit s and approvals , some NPOs may orga nize cultural activities
including art performances, fashion shows and festivals for charitable purpose .5 Notably,
Vietnamese law does not specifically characterize such kinds of activities as fundraising activities .
Accordingly , like all cultural activities, art performances, fashion shows and festivals undertaken in
Vietnam by any organization or individual , such cultural act ivities, even when undertaken for non –
profit and humanitarian purposes, are subject to Vietnam’s regulatory regimes applicable to such
activities. Accordingly, an NPO wishing to undertake cultural programming for charitable purposes
must ensure compliance with certain prohibitions; for instance, the contents of such cultural
programming cannot: (a) tend to incite people to oppose the State of the Socialist Republic of
Vietnam; (b) undermine the unity of the Vietnamese people , inciting violence, propagandizi ng wars
of aggression, sowing hatred between na tions and peoples; or (c) disseminate reactionary ideas and
cultures, depraved lifestyles, criminal acts, social evils, superstitions, acts against fine customs and
habits, harming the health and deteriorating the eco -environment .

Further d etails on the permissible and impermissible fundraising activities of each NPO are
described as below.

a. Social Relief E stablishment (SRE)

The purpose of an SRE is to assist individuals experiencing social difficulties, such as: orphans,
abandoned children, HIV /AIDS -infected children, elderly persons, seriously disabled persons,
HIV/AIDS -infected persons in poor households, victims of domestic violence, sexually abused
victims, trafficking victims, and victims of forced l abor and some other groups of persons in
difficult circumstances that may qualify for such assistance.

An SRE is entitled to carry out the following activities:

(i) receive funds provided by domestic and foreign individuals and organisations
(including their members) ;
(ii) receive, use and manage funds (including those in kind) contributed by organisations
and individuals for charity purpose and must ensure for using such contribution for
this purpose ;
(iii) receive and mobilise foreign non -government al aid ;
(iv) provide social work , including the establishment of plans to raise funding resource s
through programs and projects;
(v) mobilise organisations and individuals to provide funds to bring up and take care of
individuals being assisted by the SRE. The SRE is required to manage and use the
funds in accordance with law.

Vietnamese law is silent on specific activities that are impermissible for an SRE to undertake .

b. Social Funds and Charitable Funds

A Social F und is a fund that is established for non -profit purposes to support and encourage the
development of culture, education, health, sport, science, and other public development purposes
while a Charitable Fund is a fund that is established for non -profit purposes to re medy difficulties
5 Please refer to Annex II for legal guidance on obtaining a permit to organize a fundraising event.

MEMORANDUM 6 Nov. 2012

caused by acts of God, fire, and other adverse problems , as well as to help terminal patients and
others persons in difficulty .

In respect of permissible and impermissible activities, Charitable Funds are governed by the same
regulation s and law applicable to Social Funds. Both Social Fund and Charitable Funds are entitled
to carry out the following activities:

(i) mobilise financial contributions and aid for the fund;
(ii) receive assets donated or sponsored or otherwise by domestic and foreign
organisations and individuals in accordance with the fund’s o bjectives and
provisions of law;
(iii) mobilise and receive foreign non -governmental aid ; and
(iv) call for and mobilise organisations and i ndividuals to contribute cash or goods to
support people affected by acts of God, fire or serious incidents.

The operation of a Social Fund and a Charitable Fund must be in compliance with the following
principles: its operations and establishment are not -for -profit; it is volun tary, self -financing, and it
is responsible for its undertakings; it operates under a charter that has been recognized by the
agency that licenses it; it makes public all revenues and expenditures and is financially transpar ent;
and its assets must not be divided during its operation.

Although the law is silent on specific activities that are impermissible for a Social Fund and a
Charitable Fund to undertake, Vietnamese law does stri ctly prohibit them from engaging in any o f
the following activities :

(i) money -laundering, support ing terrorist and unlawful activities ;
(ii) infringing on the social ethics, national habits, customs, tradition and character of the
Vietnamese people ; and
(iii) infringing on the legitimate rights and benefits of individuals, organizati ons and the
community, and causing an adverse impact on the interest s of the nation, national
defense or national unity.

c. Associations

An A ssociation is a voluntary organization of Vietnamese citizens or organizations conducting the
same business, having the same interests, or united by a common goal. An Association operates to
protect and advance the lawful rights and interests of its membe rs and the community.
Associations may exist for various r easons ( e.g. animal/environmental protection, cultural
activities, educational activities, professional activities, or sports activities ).

An Association is entitled to carry out the following a ctivities:

(i) mobilise funds from membership fees and revenues from its business and services
in accordance with the law to cover its operation al expenses;
(ii) receive aid and donations from domestic and foreign individuals and organizations;
and
(iii) mobilise and receive foreign non -governmental aid.

It should be noted that u nlike an SRE or a Social or Charitable Fund, the law does not sp ecifically
indicate that an A ssociation may mobilise funds domestically from individuals and organizations
other than from its members. This may lead to the interpretation that an Association cannot conduct
fundraising activities. However, an Association is allowed to (i) receive aid and donations from
both domestic and foreign individuals and organizations, and (ii) mobilise foreign non –

MEMORANDUM 7 Nov. 2012

governmental aid . Consequently, it is reasonable to conclude that an Association is permitted to
carry out fundraising activities in Vietnam , albeit in a more limited form than other NPOs .

An Association is specifically not allowed to distribute the funds that it has raised and/or mobilized
to its members.

d. Scientific and Technological Organizations (STO)

STOs are categorized into: (i) scientific research organizations, (ii) scientific research and
technology development organizations, and (iii) scientific service and technology organizations.
STOs in categories (i) and (ii) may be institutions, centers, laboratories, research and observation
sta tions, or experimental stations ; whereas, STOs in category (iii) may be center s or offices.

An STO is entitled to carry out the following activities:

(i) receive aid and donations from domestic and foreign individuals and organizations
for the purpose of carrying out scientific and technological activities;
(ii) mobilise and receive foreign non -governmental aid ;
(iii) joint venture, affiliate, making capital contribution s, execute business cooperation
contracts with domestic and foreign individuals to do business in accordance with
the law;
(iv) organize the manufacture and busines s of products/works resulting from the
research’s results and of scientific and technological services in relation to the
functions of such STO.

Based on the foregoing, it is unclear under Vietnamese law whether an STO is permitted to raise
funds from dom estic individuals and organizations .

Guidance from VUSTA
The Vietnam Union of Science and Technology Associations (VUSTA) is an umbrella
organization to many not -for -profit STOs. Members of VUSTA receive a handbook that
provides guidance on member activities and operations . With a reference to Decision
818/QD /LHH, dated 22 December 2011, the handbook provides some guidance in this matter.
In Chapter IV, Article 15, financial resources that VUSTA members are explicitly permitted to
access include :
 Capital from the contribution of members;
 Money collected from activities;
 Loans from bank or credit organizations following the Vietnamese law;
 Funds from organizations and individuals both in and out the country;
 Other legal income resources.

e. International Non -Governmental Organizations (INGO)

The law is silent on whether an INGO can carry out fundraising activities in Vietnam including the
right to receive funds from domestic individuals and organizations . Regulations on management
and usage of foreign non -governmental aid state clearly that the allowed aid receivers can only be
organizations established in Vietnam. However, it also provides an open regulation applicable to
other organizations that “with res pect to other organizations, the receipt of aid will be submitted to
the Government for its consi deration and determination”. Thus, this may give the INGOs the
grounds to receive foreign non -governmental aid. However , by law it is understandable that an
INGO can only carry out such activities if the Operation Permit from PACCOM or a specific
approval on a case -by -case basis has been granted for an INGO to engage in fundraising activities .

MEMORANDUM 8 Nov. 2012

II. NPO Experiences with Fundraising in Vietnam

In September 2012, after reviewing the first draft of the legal memo on NPO fundraising, LIN sent
out a short survey to not -for -profit organizations in its network. The survey asked NPOs and
INGOs to indicate the types of fundraising activities they are un dertaking, domestically, to support
their programs. Thirty -three organizations responded to this survey, including: 6 SREs, 1
Foundation, 2 Associations, 3 STOs, 4 INGOs and 13 Volunteer Groups. LIN conducted one -on –
one interviews with thirteen organizatio ns including 2 SREs, 1 Fund, 3 STOs, 3 INGOs and 4
Volunteer Groups. What follows is a summary of the survey results, quotes and stories shared
during in -depth discussions with NPO and INGO representatives based in Ho Chi Minh City.

a. Survey Results

When asked what types of fundraising activities NPOs undertake, the most popular response was
by way of direct solicitation – over three -quarters of our respondents stated that they go directly to
individuals and companies to ask for financial support or s ponsored items.

NPOs also proved to be active in submitting proposals to grant -making organizations (64%) and
engaging in income generating activities, such as selling organizational paraphernalia (T -shirts,
cards, calendars, etc.), to raise funds for their programs (61%). At least half of the NPOs said that
they organize fundraising events.

There were some differences across different types of organizations. For example, two SRE
res pondents reported raising funds by inviting foreign visitors to tour their shelters. Meanwhile,
established local and international NPOs said they were able to raise funds by participating in
bazaars or festivals organized by others.

And, a lthough most o rganizations were able to engage in fundraising activities , a small number
said that they struggled with fund raising, due to restrictions that may have been related to their
legal status or lack thereof.

MEMORANDUM 9 Nov. 2012

“It seems to me that the laws are not suitable to o rganizations like [our NPO]. We ought
to be able to raise funds and receive funds for our work but we are restricted. The law is
clear for companies. It is also clear for mass organizations. But it is not clear for
organizations like [ours]… With our curre nt license we are unable to establish a formal
MOU with an INGO and receive funds from them. We tried to do this before, but no one
was willing to sign off on the MOU. [The government offices we approached] said they
could not sign off on such a document. Under these circumstances, we can only receive
funds from sources that do not require this approval process.” (Respondent #13 – SRE)

b. NPO experiences obtaining a license/permit for fundraising events

Among the seventeen organizations that had experience organizing fundraising events ( including
performances , sports, art auction s or other events ), less than half reported having applied for a
license/permit from the local authorities. Two organizations stated that an agreement with the event
venue itself was all that was necessary. Two others said that partnership with a mass organizat ion
meant they did not need to obtain a n event permit. Another one said , “no one seemed to care
whether or not we had a license” . Among those that did not obtain a license, more than half were
Volunteer Groups.
Following are quotes and stories from different NPOs and INGOs regarding their experiences
obtaining a license to hold a fundraising event.

Quotes from NPOs that Obtained a Permit

“We directly or indirectly obtain a lic ense for all of the public events organised by [our
INGO], because these affect the community… We obtain a license, directly, for any
gathering in a public space. For other events, we may partner with a venue or service
provider (e.g., a travel agency) and they would obtain the necessary permits for the
event… If the event is limited to a specific audience, permission may only require a verbal
agreement with the local authority.” (Respondent #12 – INGO)

“We organized the same event three years running. The first two years, we partnered
with registered organizations to obtain the event license. On both applications, [our
NPO] was listed as a project partner and the process took two to three weeks. The thir d
year, we did not ask for a license. ” (Respondent #1 – Volunteer Group)

“Organizations must obtain a license to organize any event involving foreigners. If there
are only small groups of locals involved (organizing and attending), a license is usually
not required. Event licenses are granted by the Department of Culture, Sports and
Tourism. It generally takes two to three weeks for approval…If the event involves
fundraising for charity, a license from the Department of Labour, Invalids and Social
Affai rs must also be obtained, which could take three to four weeks .”6 (Respondent #3 –
Volunteer Group)

6 LIN was surprised when this respondent indicated the requirement to obtain a license for a fundrai sing
event form DOLISA as such requirement is not stated in the law pertaining to that activity . For this reason,
LIN asked Respondent #3 , “How would an organization know they must obtain permission from DO LISA if
this if it is not stated in the law?” Respondent #3 replied, “People should be self -aware. Particularly because
fundraising is sensitive.” To learn more about this requirement, LIN visited the HCMC Department of
Labour, Invalids and Social Affairs (please refer to Appendix 3 for details from LIN’s Q&A with DOLISA).

MEMORANDUM 10 Nov. 2012

CASE 1:
Charity Cabaret Committee (CCC)
A Volunteer Group Obtains a License to Organize a Fundraising Event in HCMC

A group of expatriates came together (voluntarily) to organize a fundraising event two years in a row (2010
and 2011) . In both years, a permit was obtained, the event was held, funds were raised and those funds were
allocated to pre -selected charities. The event involved entertainmen t, a silent auction and raffle ticket sales.
Vietnamese not -for -profit organizations were beneficiaries of funds raised at both event s.

The Charity Cabaret Committee engaged a local legal expert to help obtain a license for their event, both
years. The L IN Center for Comm unity Development was engaged to m anage the allocation and oversight of
funds. In the first year, one of the CCC member’s companies served as the “Qualified Entity” on behalf of
the group. In the second year, LIN served as the group’s “Qu alified Entity” . Both years, t he application for an
event permit was submitted to the Department of Culture, Sports and Tourism.

The CCC was advised to obtain a Diplomatic Note, which is not required but was intended to help expedite
the approval process. Because the group decided to include the Note , and because foreigners were involved
in the event (as organizers, performers and guests), a copy of the application also had to be sent to the
Department of External Affairs (a.k.a. ERO), Ministry of Foreign Affairs (MOFA).

In the process of applying for a license from DOCST, it was suggested that CCC may need to apply for
approval from DOLISA as well . As the group was unsure whether or not such an approval from DOLISA
was necessary , and given they were conce rned about timing , it was decided that they would instead submit a
letter to DOLISA, “notifying” the Department of the group’s proposed event and related charity activities.

Documents Requested

CCC was asked to submit two (2) copies each of the following documents, all signed and chopped:

 Application to DOCST using official header of the Vietnamese Government, and including :
– Event description (purpose, date, venue);
– Estimated number of guests at the event;
– Full name and title of an auth orized representative from the licensed, applicant organization
(must have a seal);
– Signed, margin sealed with applicant organization’s chop (“dong dau giap lai”)
 Appendix (documents/information requested by DOCST):
– Copy of licensed, applicant organizati on’s operating license (margin sealed with applicant
organization’s chop);
– LIN Referral Letter ;
– Diplomatic Note, originals in both Vietnamese and English (note: this was not required, but it
was thought that it would help to expedite the process);
– List of organizers and performers (including their Name, Nationality, Company and Passport
numbers);
– Music lyrics (for all songs that would be played during the show); and
– Final program of the event (agenda, music, stories, etc.).
 Submitted to DOCST and DOLISA (th ough only required by DOLISA):
– Name and a brief summary of each of the projects (NPOs) that were pre -selected for funding,
along with an overview of their core activities;
– Soft copies of letters sent to notify the selected beneficiaries;
– Application of ben eficiaries (sealed with LIN’s chop on the first page);
– Official letter to selected beneficiaries (signed and sealed with LIN’s chop);
– Working minutes/MOUs with the selected beneficiaries [Note: LIN sent email exchanges only
as the MOUs would not be signed until after the event – once the amount of money raised could
be confirmed.]; and
– Template or Draft Grant Agreements [Note: the agreements could not be finalized until after the

MEMORANDUM 11 Nov. 2012

total grant amount raised was confirmed, after each event.].
 Reque sts for addi tional information ( after the first submission to DOCST ):
– Two sets of color pictures of the costumes that would be used in the show;
– Two copies of the contract signed with the event venue; and
– List of guests (required by DoCTS).

Note: CCC was not able to provide a complete list of guests as tickets were still being sold at the time the
application was submitted and also because companies and individuals purchased entire tables and would
invite their own guests without informing th e CCC members. A s such, it was not possible for CCC to know al l
of the guests that would come . DOCST permitted CCC to pro vide a list of possible guests – a description of
the people to whom th e CCC was marketing the event.

CCC comp leted their application just over three weeks prior to their scheduled event . For this reason, a
Diplomatic Note from a foreign c onsulate was included in the application , in hopes that it would help ensure
timely processing of the application. One week after the application was submitted, the CCC’s advisor
checked -in with DOCST to find out if further information might be needed. There was about a we ek of
“back -and -forth” e xchange. CCC was asked to prepare additional information requested by DOCST and a
second, final application was submitted one week later (two copies of all required documents, signed and
stamped as detailed above). After that, CCC check ed-in regularly, ask ing for the status of the ir application.

“Because we submitted our application later than recommended, we called to check -in almost every day, the
week before the event , which was not ideal, ” noted the CCC Advisor . He added , “It is best to submit an
appl ication as soon as possible. The department is small and they may not want to help you next time if you
wait too long before applying.”

***

CCC was not required to submit a n event report to the DOCST, ERO or DOLISA. Voluntarily; however ,
they announced t he results of their event (e.g., funds raised, beneficiaries of those funds) via their website
and press releases.

CASE 2:
Anonymous INGO
INGO Experience Obtaining a License to Organize a Fundraising Event

This registered INGO applied for a license to organize a large, fundraising event, involving entertainment,
the sale of entry tickets and raffle tickets and including local and for eign individuals and companies. The
process took approximately three months. The INGO’s primary government contacts inc luded the
Department of Sports, Culture and Tourism (DOSCT) and the Ministry of Foreign Affairs’ External
Relations Office (ERO). In addition , the INGO was also recommended to follow -up with the local Police
Department (for event security) .

Collection of the information required to obtain the license began in month one. The appl ication was
submitted in month two, along with DOCST’s application processing fee (VND 500,000). The INGO did not
receive a list of required documents; however, they were asked to provide the following information with the
application :

 Introduction to the event, including: an introduction to the INGO, the purpose of holding the event, how
the money raised would be used – an outline about the program/project the funds raised will su pport
(note: The in troduction provided an overview, it did not go into specific details);
 Copy of the INGO license to operate in Vietnam;
 Number and description of expected guests;
 List of artists and detailed information about each one, including: names of all performers, ID
number/Passport No., flight schedules (note: because travel was not confirmed at the time the

MEMORANDUM 12 Nov. 2012

application was submitted, the INGO included planned flight schedu les and later followed up with the
actual schedules);
 Lyrics to songs that would be performed at the event;
 List of event planning committee members;
 Samples of event advertisements (posters, tickets, fliers, etc.); and
 Diplomatic Note (note: this was not required but thought to be helpful)

When the application was hand -delivered to DOCST and ERO, the INGO representative asked if the
government representative could review the contents and inform them if anything was missing. At that time,
no requests were made. One month later, the INGO called DOCST to learn the status of their application.
The DOCST representative stated that there were formatting issues and requested a couple pieces of missing
information. The INGO was asked to modify , amend and re -submit two copies o f their application in month
three , including the following additional information :

 Table of contents for the application; and
 Final flight schedules for performers coming from out -of-town.

“We had to ask questions [to DOCST staff] in multi ple ways to try and get helpful answers. The answers
typically given were often vague,” explained the individual that was in charge of overseeing the application
process.

The official permit was received three days before the ev ent, which took place in m onth four . DOCST called
the INGO, which came to pick up the license that same day. As suggested by DOCST, a copy of the event
license was hand -delivered to the District a nd Ward level Police Departments where the event would take
place.

The Process of A pplying for a Permit

For NPOs that had never before applied for a permit, the process and required information was not
clear . Even for NPOs that had applied again, they discovered that the process and requirements
could change. Several NPOs identified challenges they faced in the process, suggestions for
improving the process of applying for a license and alternatives to obtaining the permit themselves .
Some examples are explained in the following quotes:

“We used only informal networks and p assed -on experiences in order to find out what we
needed to provide and what to expect from the process. We were not aware of any official
information sources aside from asking the officials directly.” (Respondent #12 – INGO)

“Applicants cannot call to a sk questions. Often staff do not answer the phone. Instead,
the applicant must go to the office and ask their questions, face -to-face. The [DOCST] representatives are good about answering questions. You do not need to set up a meeting
in advance. You can u sually meet and talk with someone within fifteen to thirty minutes
after arrival at the office.” (Respondent #3 – Volunteer Group)

“It would be better if we could get the approval in a more timely matter and problems
with the application could be made kno wn sooner. [It seems that] requests change. One
year they wanted more details, compared with the year before .” (Respondent #9 – INGO)

“If you want to organize a public event, you should cooperate with the government…
Hiring an outsource service is also a good alternative… [Our NPO] always organizes
big awareness raising events at government venues for the following reasons: it limits
bureaucracy and helps us avoid legal troubles; these venues are often the most suitable
for large events (offering a big space in a convenient location); and we have been able to
receive a discount on the venue rental and related services… In order to work with these
government venues, we must only obtain approval from the location manager. We only

MEMORANDUM 13 Nov. 2012

need to provide the location manager with a copy of [our NPO’s] operating license and a
description of the proposed event.” (Respondent #5 – STO)

“DOCST asked u s to pay for a supply of security, ambulance and nursing staff but we
told them we had over 50 volunteers, plus a sponsored ambulance, doctor and nurse
available to ensure safety at the event and [they eventually agreed that we could handle
the security an d health risks with our volunteer team]… On the day of the event, as we
were setting up, the local police showed up and started to ask questions about safety and
whether we needed police support, for which we would need to pay . We showed the
police our e vent license, which outlined that we had taken every measure to protect the
public. Eventually, the police left. However, they returned during the event to inspect
whether we followed through with our proposed safety measures.” (Respondent #12 –
INGO)

c. Add itional Permits (Advertising and T rading )

In applying for an event license, several NPOs discovered that separate license were required in
order to promote their events or to sell food and beverages at the event. Such requirements were not
known to most NPOs.

“In order to advertise or promote the event publicly, one would need a separate license
from DOCST; however, only VN companies are allowed to advertise. This would be
impossible for events organized by foreigners or NPOs.” (Respondent #3 – Volunteer
Group)

CASE 3:
Saigon Children’s Charity (INGO)
Applying for licenses to promote the event and to sell food & beverages

In applying for a license for one of the organization’s annual events, Saigon Children’s Charity (SCC)
learned that it would additionally need to obtain approval, separately, if it wanted to hold a press conference,
post banners at the event venue and/or a llow the sale of food and beverages during the event.

As explained by Ms. Frederikke Lindholm Head of Fundraising for SCC, “We applied for a license to hold a
press conference from the Center for Information and Culture. Since our event was a sporting ev ent we could
go directly to the Sở Văn Hóa Thể Thao & Du Lịch Thành Phố Hồ Chí Minh) to request this license. For the
ability to post banners at the venue, which was a public venue, we applied to the HCMC People’s Committee
(Uỷ Ban Nhân Dân Thành Phố Hồ Ch í Minh). And for a trading license we applied to the trading center (Sở
Công Thương Thành Phố Hồ Chí Minh).”

Though the process of applying for a trading license, SCC also learned that its food and beverage vendors
would each have to apply for a trading license , themselves , if they wanted to sell their goods at the event.
SCC addressed this issue by advising vendors they could avoid applying for the trading license if they were
to give their food and beverages away for free, rather than for sale. One vend or decided to go through the
licensing procedure and was able to obtain the required permit. SCC suspected this was not difficult to do
because the vender stated, in its application, that all profits from sales would go to the charity.

SCC paid approxima tely USD $95 to obtain a permit to post a banner plus USD $30 to speed up the licensing
process and ensure the approval was received ahead of the event date.

MEMORANDUM 14 Nov. 2012

d. Unclear or No Permit Required

When asked, many NPOs revealed that they were unclear about the conditions and requirements
for obtaining a permit to organize a fundraising event.

“One of our donors wants to organize a [fundraising] event [in another Province] but we
are worried… We don’t know if we are allowed to do this and we do not want to get into
trouble. We prefer to err on the side of caution when it comes to fundraising. Probably,
we will not do this event… ” (Respondent #6 – INGO)

“We are sometimes invited to public and priv ate bazaars where we can set up a booth,
inform people about our work and sell our [paraphernalia] to raise funds for our
organization. We assumed that the organizer of this event would obtain the necessary
permits but I do not know whether they did or not .” (Respondent #12 – INGO)

Quite a few organizations informed LIN that an event permit was not necessary. The organizations
falling into this category included STOs and Volunteer Groups. The STOs interviewed stated that
the event fit into their core activ ities or approved projects, which is why a separate license was
unnecessary. Some Volunteer Groups reported that they partnered with registered NPOs/INGOs or
mass organizations, which either obtained the necessary permits on their behalf or were thus
exemp ted from having to obtain a permit.

“We organized the same event three years running. The first two years, we partnered
with registered organizatio ns to obtain the event license… The third year, we did not ask
for a license. After two years, it did not s eem important that we obtain an event license.
The venue did not ask for it .” (Respondent #1 – Volunteer Group)

“We organize small events, such as events around the holidays to raise funds for
disadvantaged children in one of our project areas… It was not necessary to obtain a
license as the event was related to our projects , which are already approved by [our
umbrella organization]. Besides, this is not considered a major source of income for our
[NPO]. In fact, these funds are intended for others, for ch aritable purposes. At these
events, we solicit support from both local and international individuals and
organizations.” (Respondent #10 – STO)

“An event license is not necessary because we are holding the event in a public park,
there is no need for a li cense. We only need a permit from the park manager. [However,
in order to obtain the permit]… we must pay 10 to 12 million VND per event, which
includes the venue rental fee (approximately VND 6 to 8 million/event) and a park
conservation fee (approximatel y VND 4 million/event). [In addition,]…we must
collaborate with a registered organization that is able to sign the contract.” (Respondent
#2 – Volunteer Group)

CASE 4 :
Blue Dreams Volunteer Group
Obtaining Permission to Organize a Fundraising Event
In September 2012, Blue Dreams Volunteer Group organized a fundraising event to purchase
bicycles for poor children in Long An Province. The event venue was an outdoor space at one
of the Youth Union’s downtown o ffice s. The Volunteer Group said it was not necessaró for
them to obtain a n evení license.
“We only needed to inform the Manager of the Youth UnionI ” explained the Founder of Blue
Dreams Volunteer d roup . He added, “We wrote up a project proposal and sent it to the
Manageê of the Youth Union. This proposal was approved, stamped and returned prior to the
evení K”

MEMORANDUM 15 Nov. 2012

e. Writing Proposals and Direct Solicitation of Funds

Writing proposals and directly soliciting funds from an organization or corporation were t he two
most frequently cited f undraising activities among NPOs in the survey . Relating to this activity,
there were differences among NPOs when it came to local vs. foreign sources of income .

“Our primary source of income is grants because we are focused on implementing big,
long -term projects. We used to re ly more on income from consultation and training
services. But this income is becoming less significant.” (Respondent #10 – STO)

“As an INGO, we are not allowed to solicit directly from local individuals and
companies [in Vietnam]. When we o btain a grant from a multinational corporation or a
foreign company, usually there is a pre -existing relationship with the headquarters of
those companies.” (Respondent #6 – INGO)

“We do not refuse money from Vietnamese companies and individuals but we do not
actively chase it down.” (Respondent #12 – INGO)

When it came to writing proposals or soliciting funds from organizations, Volunteer Groups faced
bigger challenges compared with registered organizations likely due to the donors’ respective risk
manag ement guidelines .

“Some corporations that we approached required that their donation be transferred to an
official (organizational) bank account. Our group does not have a license and we do not
have a bank account. [If a transfer needs to be made] we just use a personal bank
account. Sometimes, for certain donors, we were able to collaborate with a mass
organization that agreed to receive funds on our behalf. They did not charge us any fee to
do that.” (Respondent #11 – Volunteer Group)

f. Oth er Fundraising Strategies

Several NPOs employed less traditional strategies for raising funds, with varying degrees of
success and effort. Two SREs found benefits in welcoming tour groups to their work sites, one
INGO found an innovative way to partner with retail outl ets. A volunteer group engaged with a
public school while another offered guaranteed outcomes in order to attract corporate support.

Respondent #8 (SRE) has a close friend who works in the tourism industry. The friend sometimes
refers interested clients t o pay a visit to the NPO. “We invite them to experience the work we are
doing. And when people come to visit the shelter, they often make donations.”

“We often receive requests from groups of visitors to Vietnam (from Korea or Japan, for
example) that want to visit our shelter. We must always request permission, in advance,
from the District People’s Committee. We have always managed to obtain that
perm ission but it takes time, sometimes months, to gather the required information and
receive their approval.” (Respondent #13 – SRE)

“[Our INGO] is officially not allowed to sell anything without a license. We are also not
able to release red invoices. We h ave partnerships with Points of Sale who agree to take
on that responsibility and report all funds back to us.” (Respondent #12 – INGO)

“One time, we partnered with a local primary school to raise funds for our Piggy Bank
Project. By the end of the projec t, the children at the school filled over one thousand
piggy banks. The school manager then asked us to give half the money that was collected
back to the school. We had no choice; we had to do what they asked. But, we decided we
would never again partner with the schools.” (Blue Dreams Volunteer Group)

MEMORANDUM 16 Nov. 2012

“Most of our funding comes from INGOs but we do raise some funds from corporations.
From the beginning, it was difficult to raise funds because we had no reputation, no track
record. One year later, we were facing the same challenge. So we decided to change our
strategy. That is when we came up with the idea to promise prospective corporate
sponsors that we could attract a set number of participants at our events. If we are able
to deliver on our promise, t he company makes a donation to our organization. The
promise of attendees helped to solve our problem.” Is this an IGA, sounds like a fee
for service? (Respondent #2 – Volunteer Group)

g. Income Generating Activities

A number of NPOs have employed various strategies for generating “earned income” to support
their not -for -profit activities. Several (INGO, Volunteer Groups and STOs) order and then sell
organizational paraphernalia (i.e., t -shirts, hats, mugs) for a profit; some engage beneficiaries in the
cre ation of products that can be sold to the public; and others offer professional consulting services
for a fee.

“We sell t -shirts online and at our events. The profits go towards scholarships. We
collaborate with a local manufacturer who offers us a low pr ice. We sold over 2,000
shirts in one year. This year, the cost to produce the t -shirts was reduced so the profit
margin is higher. We do not have to pay taxes because we do not ask the manufacturer
for a VAT invoice.” (Respondent #11 – Volunteer Group)

“During the Mid -Autumn festival, [we sold holiday items] to orphanages, shelters for
children, children with disabilities and charity groups . We purchased [these items] from
a local manufacturer, at a discounted rate, and the profit from selling those lante rns
supported our projects.” (Respondent #4 – STO)

“We collect old calendars and donate them to blind children so they can use the paper
for writing braille. We sell the remainder to waste collectors and the money raised goes
towards our charity activitie s for children.” (Blue Dreams Volunteer Group)

“A local restaurant helped to raise funds for [our NPO] by exhibiting and selling some of
our children’s paintings.” (Respondent #13 – SRE)

“[We] are able to raise some funds by offering consulting services: research, project
evaluation, training and [other] services.” (Respondent #4 – STO)

h. Future Plans for Fundraising in Vietnam

All of the organizations that were interviewed cited a need t o im prove their fundraising efforts. For
many, the threat of decreased foreign aid was real and presented a ri sk to the organization’s future.

“International funding is down due to the fact that Vietnam is now moving from a low –
income to a middle -income country. ” (Respondent #6 – INGO)

“[Until now, most of our funds have come from foreign organizations. With Vietnam
now becoming a middle -income country… we have a plan to look for domestic sources of
funding. We are looking into the possibility of holdi ng an [entertainment] event to raise
funds from local [people]…We would work with an event management company, which
would handle all logistics and obtain the necessary licenses for such an event.”
(Respondent #5 – STO)

“Vietnam is becoming a middle in come country, which means that some of the current
international donor organizations are or will likely decrease their investments into
Vietnam. For this reason, [our NPO] is looking for alternative sources of funding from
both local and foreign sources. F or example, we are looking to find NGOs and

MEMORANDUM 17 Nov. 2012

companies that share our mission. [We have] a plan to put together a list of companies
that are paying attention to community issues and which are located closest to our
projects.” (Respondent #4 – STO)

Suggested improvements included formalizing fundraising strategies, testing out new fundraising
strategies and targeting new groups of prospective donors.

“Before, there was no need to fundraise. [This NPO received core project funding from
the same two donors for over ten years.] Now, because we want to introduce a new
program, there is a need to raise funds and we are going to try.” (Respondent #8 – SRE)

“We need to come up with more fundraising strategies. We’re thinking about online
fundraising, but in order to do this, we may need to become established as an official
NPO or use another channel… At our current scale of operations, we do not now need a
license. We may need to hire administrative staff if we decide to set -up an NGO. It will be
more cha llenging.” (Respondent #1 – Volunteer Group)

“We want to raise more funds, from other sources; however, we want to first develop the
foundation – management and programs – so it can be sustainable… As such, we are not
focusing on fundraising right now and we have no staff assigned to the task of
fundraising.” (Respondent #7 – Fund)

“We have the great advantage of receiving support from registered VNPOs and INGOs.
When we propose a project, they help us a lot. They provide useful information,
technical, financial support and even legal support… I am currently conducting a
research on how and whether to register [our NPO] officially. I am meeting with
registered organizations (local and international) to understand the registration process
and the requir ements of registered organizations. It is not yet clear to me that [we] should seek an official license. There are many burdens/disadvantages associated with
registering the group.” (Respondent #2 – Volunteer Group)

Several NPOs reported a growing interes t in changing their target from foreign companies and
organizations to local companies and local individuals. This was perceived, by one NPO, to be a
more viable option in the South of Vietnam, compared with the North.

“We would like to fundraise locally but we do not want to rock the boat. So, we err on the
site of caution … Our programs employ people in Vietnam, thus there would be benefits to
the economy if we were able to raise funds domestically. Moreover, by being able to
fundraise locally, we are abl e to contribute to building a local culture of philanthropy
and encouraging greater buy -in and local involvement in the planning process (as donors
become more invested in the direction of the program). We do not view ourselves as a
charity. We are a deve lopment organization. We want to get beyond the current thinking
that ‘there is no benefit for me or my company to donate or volunteer,’ and move towards
providing donor/volunteer education. INGOs are not doing enough to explain why we are
doing the work w e are doing… we should be talking about this with the local people and
local companies to make our work more sustainable .”(Respondent #6 – INGO)

“Until now, all of our events have mostly been geared towards expatriates but the target
group of our sponsors is changing. So, we have to change our approach and this will be
interesting… Our biggest challenge is knowing, in the back of our heads, that our
primary fundraising target is multinational corporations and foreign companies and that
there is increasing competition among NGOs for support from these companies.”
(Respondent #12 – INGO)

“There is an opportunity to obtain funds from within the local community. Currently, this
is not a major source of funding for local NPOs. But, gradually, we will need these funds.
If we are able to do this, it will make our projects more sustainable. I think it is also more
viable in the South, compared with the North. In the North, funding from business and
individuals is kind of strange… soliciting funds for charity is mos tly done by government.

MEMORANDUM 18 Nov. 2012

Maybe people give because they feel pressured to do so. For example, [our NPO] once
requested a referral letter from [a Minister] to help us raise funds for charitable
purposes. I think that letter helped us raise funds.” (Responden t #10 – STO)

A couple organizations expressed concern s and questions regarding their right to
fundraise in Vietnam:

“With regards to fundraising, the biggest issue is the legal framework. For example, [we
have] a plan to fundraise for scholarships through the Internet; however, in order to be
able to do this [we] will need to add this function to our license.” (Respondent #5 – STO)

“[Our NPO] would like to understand the legal framework for fundraising activities in
Vietnam. Once we understand the legal framework, we will develop a plan for
fundraising… Also, we are weak when it comes to fundraising – event organization and
fundraising from corporates. We do not have anyone on staff who is responsible for
fundraising and our existing staff have re ceived no training in fundraising.” (Respondent
#4 – STO)

i. Reporting on funds raised domestically

The majority of NPOs interviewed for this memo said they were not required to report to the
government on funds raised domestically. Nevertheless , STOs said they regularly report on their
overall financial situation, at least twice a year, to their respective umbrella organizations. All
NPOs and INGOs interviewed said they report on funds raised to their project partners and
sponsors. In a few cases, the recipients of these reports included government offices; however, the
decision to share information with the local government was made voluntarily.

“We report to the Youth Union after each event,” explained Mr. Hai, Founder of the Blue
Dreams Volunteer G roup. “Our reports are not monthly,” he added, “the timing depends
on when our programs take place. After a program is completed – we always use up all
the money that was raised for each program, we submit a report.”

“We report, twice a year, to the loca l People’s Committee. PACCOM told us once that
we do not need to report to the Ho Chi Minh Union of Friendship Organizations (HUFO)
but we received mixed messages from both so we just decided to report to both of them.”
(Respondent #13 – SRE)

“After the [fundraising] event, our contact person for the license called to check on our
fundraising total but this did not seem to be an official part of the process … We only
have to report what we spend on programmes and administration, not what we
fundraise… We a lso send PACCOM our audited financial statements; however, this is
not a requirement .” (Respondent #12 – INGO)

One NPO pointed out one of the challenges they would face if they were required to report on
funds raised domestically:

“…it would be hard to break down the source of funds obtained domestically through, for
example, an event. If people are buying tickets at the door or raffle tickets during the
event, it would be difficult to know how much came from locals versus foreigners,
companies versus individuals.” (Respondent #10 – STO)

MEMORANDUM 19 Nov. 2012

CASE 5 :
Centre for Management and Sustainable Development (MSD)
Reporting on Funds Raised by an STO

MSD is not required to report on funds raised domestically. However, when receiving funds from
international sources, MSD must get advance approval from VUSTA (its umbrella organization)
and the local authorities. MSD must also report on those funds to VUSTA, to the local authorities
and to the Ministry of Finance.

 Approval to Receive Funds from In ternational Sources

Ms. Nguyen Phuong Linh , MSD Director, explained, “the report processes are quite clear so we do
not meet many difficulties.” She added, “However, it is a little bit complicated to get funds for
capacity building projects for CSOs from bilateral and multilateral organizations su ch as UN or
international governments. Projects receiving funds coming from these sources must be reviewed
by the Ministry of Public Security (MPS), and other relevant authorities, to get approval. This
review process is managed by VUSTA. Therefore, the ap proval can take a couple of months. While
waiting for the approval, we can begin the groundwork on our projects (i.e., research, logistics);
however, we cannot hold an official launching ceremony until the approval comes through. We
have had a couple exper iences where [that] we had to delay the launch ceremony by two months…”

 Reporting on International Funding

“Under VUSTA’s new system, if funding comes from an international donor, reporting is quite
complicated. The form sent by VUSTA is so differen t from our own financial management system.
It is also different from the reports requested by our donors and the Ministry of Finance. These are
all different reports that we have to prepare relating to the same funds. So it takes time and we do
not unders tand why VUSTA has to conduct this audit as an independent auditor already does it [for
MSD].”

While STOs report regularly to the local Tax authorities, these reports do not include funds raised.
And , although STO expenses are allegedly eligible for VAT refund s, the procedure s required for an
NPO to obtain a VAT refund were considered time -consuming and burdensome.

“We are not required to report on funds raised to the local tax authorities. Reporting to
the local tax authorities would present a dile mma for [our NPO]: If we report this
income, the tax authorities may require us to pay taxes (they may not know or understand
about NPOs – what we do or how we are different from companies, which could create
trouble for us). However, if we do not report t o the local tax authorities, we cannot claim
VAT refunds. One of our donors wants us to try and claim the VAT refund. But we have
no experience doing this and we are concerned.” (Respondent #10 – STO)

Among the three STOs that were interviewed for this memo, not one had ever attempted to obtain a
VAT refund .

APPENDIX

Contents

1. List of Reviewed Legal Documents
2. Q&A with HCMC Tax Department
3. Q& A with HCMC Department of Labour, Invalids and Social Affairs
4. Obtaining a permit to organize a fundraising event
5. Application for issuance of license to foreign individuals and/or art groups to perform in
Vietnam
6. Application for issuance of license to Viet namese oversea individuals to perform in
Vietnam
7. Application for issuance of license to foreign actors/actresses currently living in Vietnam
to perform in Vietnam
8. Application for issuance of fashion show license
9. Application for issuance of license for orga nization of festival
10. Sample event license application cover letter

MEMORANDUM 21 Nov. 2012

ANNEX 1
LIST OF REVIEWED LEGAL DOCUMENTS

GENERAL

1. Civil Code of the National Assembly dated June 14, 2005.
2. Law on the Organisation of Peoples’ Councils and Peoples’ Committees of the National
Assembly dated November 26, 2003.
3. Decree No. 103/2009/ND -CP of the Government dated November 6, 2009 issuing
regulations on cultural activities and trading in public cultu ral services (as amended by
Decree 01/2012/ND -CP dated January 4, 2012) .
4. Circular No. 04/2009/TT -BVHTTDL dated December 16, 2009 as amended by (i) Circular
No. 07/2011/TT -BVHTTDL of the Ministry of Culture, Sport and Tourism dated 7 June
2011, and (ii) Circular 05/20 12/TT -BVHTTDL dated May 2, 2012 .
5. Decree No. 93/2009/ND -CP of the Government dated 22 October 2009 issuing regulations
on management and use of foreign non -governmental aid (“ Decree 93 ”).
6. Circular No. 07/2010/TT -BKH of the Ministry of Planning and Investment dated March
30, 2010 guiding the implementation of Decree 93.

SREs

7. Decree No. 67/2007/ND -CP of the Government dated April 13, 2007 on policies to support
social relief subjects.
8. Decree No. 68/2008/ND -CP of the Government dated May 30, 2008 on conditions and
procedures for establishing, operating, and liquidating social relief establishments
(“Decree 68 ”).
9. Circular No. 07/2009/TT -BLDTBXH of the Ministry of Labour, Invalids, and Social
Affairs dated March 30, 2009 implementing Decree 68 .
10. Decree No. 81/2012/ND -CP of the Government dated October 08, 2012 amending and
supplementin g Decree 68 .

Social/charitable funds

11. Decree No. 30/2012/ND -CP of the Government dated April 12, 2012 on the organization
and operation of social funds and charitable funds.
12. Circular No. 09/2008/TT -BNV of the Ministry of Home Affairs dated December 31, 2008
implementing Decree 148/2007/ND -CP of the Government dated 25 September 2007 on
the organization and operation of social funds and charitable funds. 7
13. Cir cular No. 10/2008/QD -BTC dated February 12, 2008 of the Minist ry of Finance
promulgating the regulation of financial management of social funds and charitable f unds.
14. Decree No. 64/2008/ND -CP dated May 14, 2008 on mobilizing, receiving, distributing
and using voluntary contributions to support people to overcome difficulties due to acts of
God, fire, serious incidents and patients with serious deceases (“Decree 64 ”).
15. Circular No. 72/2008/TT -BTC of the Ministry of Finance dated July 31, 2008 guiding
Decree 64 .
16. Decree No. 31/2011/QD -TTg of the Prime Minister dated June 2, 2011 on making public
and transparent, checking and inspection of compliance with regulations on social security.
7 Although Decree 148 was repealed by Decree 30, in absence of a new circular implementing Decree
30, Circular 09 is still applied in practice.

MEMORANDUM 22 Nov. 2012

17. Decision No. 192/2004/QD -TTg of the Prime Minister dated November 16, 201 1 on
making public financial condition of State entities, State owned enterprises, funds
receiving contributions of people.
18. Circular No. 03/2005/TT -BTC of the Ministry of Finance dated January 6, 2005 guiding
regulations on making public financial conditi on with respect to State budget levels and
regime to make report making public financial condition.
19. Circular No. 21/2005/TT -BTC of the Ministry of Finance dated March 22, 2005 guiding
regulations on making public financial condition with respect to State budget forecast
entities and organisations funded by the State budget.

Associations

20. Decree No. 45/2010/ND -CP of the Government dated April 21, 2010 on establishment,
operation, and management of associations (“Decree 45 ”).
21. Decision No. 33/2012/ND -CP of the Government dated April 13, 2012 amending Decree
45 .
22. Circular No. 11/2010/TT -BNV of the Ministry of Home Affairs dated November 26, 2010
guiding the implementation of Decree 45 .

STOs

23. Law on Science and Technology of the National Assembly dated June 9, 2000.
24. Decree No. 81/2002/ND -CP of the Government dated October 17, 2002 implementing the
Law on Science and Technology.
25. Circular No. 02/2010/TT -BKHCN of the M inistry of Science and Technology dated March
18, 2010 providing guidance on the establishment and registration of the Ministry of
Science and Technology .

INGOs

26. Decree No. 12/2012/ND -CP dated March 1, 2012 on registration and management of
operation of INGOs in Vietnam.
27. Decree No. 93/2009/ND -CP of the G overnment dated 22 October 2009 issuing regulations
on management and use of foreign non -governmental aid (“Decree 93 ”).
28. Circular No. 07/2010/TT -BKH of the Ministry of Planning and Investment dated March
30, 2010 guiding the implementation of Decree 93 .

MEMORANDUM 23 Nov. 2012

ANNEX 2
QUESTION AND ANSWERS WITH HCMC TAX DEPARTMENT

From July to October 2012 , LIN reached out to local government offices and websites and NPO
umbrella organizations to ask specific questions about fundraising by NPOs in Vietnam. On 11
July 2012, LIN met with three representatives from the HCMC Tax Department. After that
meeting, the LIN team drafted up our notes, in a question and answer format, and sent it back to
our primary contact at the Tax Department to ensure accuracy. We received minor edits and
include the revised version herein.

LIN Meeting with the HCMC Tax Department
11 July 2012
Question 1 : Are the funds raised by VNPOs tax -exempt? If not, how should the VNPO record this money in
reporting to the local tax authorities?
Answer 1: If the VNPO has an annual operating license, they just need to report to their umbrella
organization/licensing unit. They do not have to pay taxes on the money gained through fundraising.
They also do not need to report to the tax a uthorities.
Question 2: Can VNPOs raise “unrestricted” funds by selling paraphernalia or NPO memorabilia (e.g.,
holiday cards, printed mugs)? Some may call this activity “earned income” fundraising.
Answer 2 : Before selling goods to raise funds, the org anization must apply for permission from the
licensing agency under which it is established. After the sale, the organization must declare and pay
taxes in accordance with regulations. There are no regulations relating to business activities that
offer an exemption from tax… Any goods that are sold are required to be declared and tax must be
paid.
Question 3: Can a foreign organization, not registered to operate in Vietnam, ship items to Vietnam, for sale
in Vietnam so that the proceeds could be used for c haritable purposes?
Answer 3 : The foreign organization would need to obtain permission from the city People’s
Committee, where the sale would be organized.
Question 4: Are the costs associated with fundraising (e.g., marketing, advertising, m eetings) by VNPOs tax
deductible ?
Answer 4 : Assuming costs are expended in accordance with the terms and purposes of the
organization, the tax authorities would not intervene.

Question 5: Under the Corporate Income Tax law (CIT), are corporate contributions to VNPOs and/or
INGOs tax deductible?
Answer 5 : Article 4, Sections 2.21 – 2.24 of Circular 130/2008/TT -BTC indicates the types of
corporate contributions that are deductible expenses, including: funding for education, funding for
healthcare, disaster recovery an d building of gratitude houses by Qualified Entities. This Circular
does not mentio n contributions to NPOs or INGOs.

Question 6a: Under the Personal Income Tax law (PIT), are individual contributions to VNPOs and/or
INGOs tax deductible?
Answer 6a : I ndividuals are eligible for tax exemption when they make contributions to
organizations that are established under Decree 68 (SRE) or Decree 148 (Fund ). [Note: after this
meeting, Decre e 148 was replaced by Decree 30 .] Organizations established by Decree 6 8 or
Decree 148 (now Decree 30) would need to provide a certificate to the donor(s), which indicates
their establishment as a Decree 68 or Decree 148 (now Decree 30) organization.
Question 6b: Does the Tax Department maintain a list of organizations estab lished under
Decree 68 and Decree 148 (now Decree 30)?

MEMORANDUM 24 Nov. 2012

Answer 6b : No. The Department does not have such a list. Since there are many
different agencies that allow the establishment of these two types of organization,
it is difficult to gather this list. W hen an individual requests a tax deduction,
he/she must provide documents that identify organizations they contribute to are
established under Decree 68 or 148 (now Decree 30).
Question 7: What is the maximum/minimum deduction that can be claimed?
Answer 7 : The maximum deduction would be equal to the maximum taxable income for that person
in the year the contribution was made. For example, if the individual’s taxable income is VND 1
billion, and that person contributes VND 1.5 billion to charity in that year, the maximum deduction
is VND 1 billion.
Question 8: Does the Tax Department provide any guidance / training to organizations and individuals
regarding payment of taxes and eligible deductions?
Answer 8 : Yes. Before promulgating new policies or regulations on taxes, the Department invites
businesses to attend training on those new policies. We are also willing to train companies, if there
is a request.

MEMORANDUM 25 Nov. 2012

ANNEX 3
QUESTION AND ANSWERS WITH
HCMC DEPARTM ENT OF LABOUR, INVALIDS AND SOCIAL AFFAIRS

On October 19 and 23, LIN met with representatives from the HCMC Department of Labour ,
Invalids and Social Affairs to ask specific questions about fundraising by NPOs in Vietnam . After
the informational meetings, the LIN team drafted up our notes in a question and answer format and
submitted it back to our contact at the Department to ensure accuracy and to obtain permission to
include this Q&A in our memo .

LIN Meeting with the Department of Labour, Invalids and Social Affairs
19 and 23 October 2012
Question 1: Under what conditions would a local organization need to apply for a fundraising event license
from DOLISA?

Answer 1: Every local organization must have a (license) from DOLISA. Because DOLISA is in
char ge of all events that involve activities that are related to raising money for a charitable purpose.
Every local organization must submit all event document to DOLISA, DOLISA will evaluate the
event, and make a recommendation to the HCMC People’s Committee . The HCMC People’s
Committee will then decide whether or not to approve of the event.
Question 2: Can you tell us what law, or guiding document, provides further information about this
requirement so LIN and our NPO partners can continue to build our und erstanding?
Answer 2 : There is no law. The local organization just needs to get approval from the agency under
which it is licensed to operate and then submit their event plan to DOLISA for approval.

Question 3: When an approval from DOLISA is required, what information would the local organization
need to provide to you as part of the application dossier?
Answer 3 : The required documents include:
– Cover Letter ( directed to DOLISA, with information about the NPO, t he main content of event,
and the purpos e of event ). There is no template / form for the cover letter.
– Event Plan: the meaning of the event , who will participate, when, where, media, donors,
estimated money to be raised, entrance ticket s, etc .
– Organizer’s License (e.g., NPO’s registration license)
If the event is related to music or art, the local organization should obtain permission from DOCST
(it was recommended to do this at the same time ).
Question 4: Is there any procedure for orga nizing an event to raise money?
Answe r 4 : No, there is no document under DOLISA describing this procedure. However, at
DOCST, there is a procedure for this. 8
Question 5: Can volunteer groups apply for permission from DOLISA?
Answer 5 : Every local group/organization has a right to apply for permission for such an event if
they are legal (that is, they are registered under a government agency and have a license to prove it).
This means that volunteer groups may only apply if they partner with an organization that is
licensed to operate in Vi etnam (including, but not limited to: SRE, STO, Fund, Association.
Business, INGO, State University, Mass Organization).
8 LIN found detailed procedures on both t he HCMC DOCST and the Binh Duong DOCST websites, which referenced
Decrees, Decisions and Circulars on procedures for obtaining permits for cultural, art and musical performances/exhibits.

MEMORANDUM 26 Nov. 2012

Question 6: How would the application requirement and/or process change if the event target audience
includes foreigners?
Answer 6 : If the foreigners are staff of the local organization, DOLISA will contact with HUFO to
ask for their opinion. If the foreigners are just taking part in the event, DOLISA will contact with the
Department of Foreign Affairs to ask for their opinion as to wh ether or not foreigners can join such
an event. This step would also apply if any foreigner were scheduled to present at such an event,
which would also require that the organization submit a CV or biography for any foreigner that is
scheduled to present a long with a summary of what they will talk about during the event.
Question 7: How long will the procedure take in order to obtain approval from DOLISA?
Answer 7 : Typically, the process takes about 3 weeks (but it can take more time).

Question 8: Whi ch department and/or person at DOLISA is responsible for such permits?
Answer 8 : You just need to send all documents to DOLISA. DOLISA will designate a person to
read the dossier and send it to the right department.
Note: DOLISA further advised that the NPO putting together a fundraising event should have already raised
funds to cover all event costs. If, in the organization’s Event Plan, it is indicated that "the NPO will sell
tickets to help cover the costs to organ ize the event” such an application would not be approved by DOLISA.

ANNEX 4
OBTAINING A PERMIT TO ORGANIZE A FUNDRAISING EVENT

As discussed in Part I, Section 3, Paragraph 2, the requirements and procedures to obtain a licence
would be entirely subject to the type of fundraising activities to be conducted by the NPOs and
whether or not the regulations governing such activities requires a licence to be obtained. Be low is
a discussion of events commonly associated with raising funds for charitable or humanitarian
purposes, and the requirements and procedures to obtain the necessary licences and permits for
such events.

I. Professional Art P erformances and F ashio n S hows

Under Decision 47, professional art performances are defined to include various types of art
performances (e.g. music, dance, classic drama, etc. ) performed by professional actors/actresses. 9
While it is not entirely clear that this would include fashion shows, both the Hanoi and HCMC
departments of culture, sport and tourism (DOCST ) appear to take a view that the organisation of
fashion shows would be also subject to regulations applicable to the organisation of professional art
performances as discusse d below. 10

Under Decree 103 and Decision 47, the organisation of professional art performances should be
subject to a performance licence ( Performance Licence ) issued by the Art Performance
Department (under the MOCST) or the local DOCST.

Exceptional ca ses

At law, professional art performances organised by the following entities shall be exempt from a
Performance Licence provided that such entities however are not permitted to advertise, sell tickets
or collect money under any form (which appears to sug gest that the collection of money for not –
for -profit purpose would be also prohibited), 11 and can only use songs, music or performances
which are permitted for performance: 12

(A) owners of hotels, restaurants, guest house, or public entertainment locations who
organise professional art performances at its business registration location; 13 and
(B) State authorities, economic, political, cultural and social organisations (which should
include the NPOs) that organise professional art performances for internal purposes. 14
9 Article 5 of Decision 47. 10 Decision 30/2010/QD -UBND of the Hanoi PC dated 21 July 2010 guiding the professional art
performances and professional fashion shows in Hanoi suggests that the same regulations applicable to the
organisation of professional art performances would also apply to the organisation of fashion show s. Our
informal and no name basis discussion with an official of the HCMC DOCST (i.e. Ms Tran Thi Tuyet –
Dossier Receipt Department – Tel: 08.3 822 3915 ( Ms Tuyet ) also reveals that the same regulations are also
applied in Ho Chi Minh City. 11 Article 11.2 .1 of Decision 47. 12 Article 8.1 of Decree 103. 13 The organisation of professional art performances by such owners within their registered offices would be
also subject to the fact whether such offices are permitted to organisation of such performances. I f they are
not permitted to organise such events in their offices, then they will need to obtain necessary licences and
permits as discussed in section 0. 14 Article 8.1 of Decree 103 and Article 11.2 of Decision 47. While the law is not clear, I understand from an
informal discussion with Ms Tuyet reveals that such organisations can only organise professional art

MEMORANDUM 28 Nov. 2012

Further, if there is any foreign/Vietnamese overseas actors/actresses joining the performances, the
relevant entities need to:

(C) obtain a permit from the MOCST (with respect to Vietnamese overseas
actors/actresses) or the provincial People’s Committee ( PC ) (with respect to foreign
actors/actresses) allowing such actors/actresses to perform in Vietnam (see procedures
to obtain such licences in Step 1 – section 0 below); and
(D) register the performances with the local DOCST three days prior to the
performance. 15 While the law is silent on procedures for such registration, under the
MOCST’s informal guidelines published on a website guiding administrativ e
procedures in Vietnam 16 suggests that in order to register, the applicant only needs to
submit a written registration to the local DOCST. After 7 working days, 17 if the
DOCST has no opinion, the applicant may organise the performance. If the DOCST
does not agree with the registration, they need to issue a written response. In practice,
in absence of specific implementing regulations, it appears that each province would
have its own guidelines for the procedures. 18 Nothing at law requires that the
applicant pay a fee to request such registration.

Charitable art performances

If the performance is organised by an NPO to raise income which will be used for a social an d
charity purpose, Decision 47 requires such NPO to comply with Article 10 of Decision 47, which
suggests that: (i) only certain licensed entities are permitted to organise a professional art
performance [e.g. enterprises having business registration line of organisation of professional art
performances ( Qualified Entities )], (ii) the Qualified Entities need to obtain a Performance Licence
from the Art Performance Department or the local DOCST, 19 as the case may be, and (iii) the

performances for internal purpose at their regi stered offices. If they are not permitted to organise such events
in their offices and must organise in another place, then requirements discussed in section 0 wil l apply. 15 Article 11.2.1 of Decision 47. 16 https://csdl.thutuchanhchinh.vn/ho_so_tthc/bo_van_hoa_the_thao_va_du_lich/b_bvh_029362_tt . 17 While Decision 47 only requires the applicant to register the performance 3 days prior to the performance,
it appears from the MOCST’s informal guidelines that the applicant should register at least 7 days prior to the
performance. 18 For instance, the DOCST of Binh Duon g publishes such procedures on its website:
https://csdl.thutuchanhchinh.vn/ho_so_tthc/binh_duong/t_bdu_117232_tt and requires submission of one set
of the following docume nts:
 Application for registration of performances, indicating clearly: time, location and contents. (Certain
provinces specifically require the applicant to use the prescribed notice form No. 2 issued together
with Circular 05. In this case, the applicati on must specify the name of the program or performance,
agenda, list of authors, director, choreographer, musician, artist, actors/actresses, time and location
for the performance ( https://csdl.thutuchanhchinh.vn/ho_so_tthc/ben_tre/t_btr_204655_tt ).
 Copy of establishment decision; and
 Permit issued by the MOCST or the provincial People’s Committee allowing foreign/Vietnam
overseas actors/actresses to participate the performance s.
The DOCST of Binh Duong province shall issue a written approval within 3 working days from the date of
receipt of application dossier, but in practice, as the licensing authority has its own discretion to determine if
an application dossier is complete, this period may be longer than that prescribed by law. 19 The Art Performance Department will issue a Performance Licence to social – political organisations at
central level. The local DOCST will issue a Performance Licence to the remaining social – poli tical
organisations.

MEMORANDUM 29 Nov. 2012

Qualified Entities need to o btain a written acknowledgment 20 for performance issued by the
DOCST where the performance is to be performed (if the location for organisation of a
performance is different from the entity’s registered office).

II. Obtaining a permit to organize different typ es of art performances

1. Non -Professional Art Performance

At law, the organisation of non -professional art performances by a local organisation within the
office of such entity and for internal purpose is not subject to a Performance Licence. 21 However, if
the performance is organised outside the office of the entity, it will be required to notify the
Cultural and Information Office of district where the performance is to be organised at least 7 days
prior to the organisation. The notice must specify obje ctives, scope, contents of the performance,
time and location of performance. 22

2. Professional Art P erformance

Assuming that the NPO which is planning to organise a professional art performance for social and
charity purpose has no function to carry out such organisation, in order to obtain necessary
licences, it would need to engage a Qualified Entity to arrange the organisation and obtain all
necessary licences.

There are three steps to obtaining the necessary licence to organise a professional art performance:
(1) Obtain a permit for foreign/Vietnamese overseas actors/actresses to join the performance (if
applicable) 23; (2) Obtaining Performance Licence ; and (3) Obtaining a written acknowledgement
for performance issued by the DOCST where the performance is performed .

Step 1: Obtain a permit for foreign/Vietnamese overseas actors/actresses to join the perf ormance
(if applicable) 24

Application D ocuments

 With respect to foreign actors/actresses

The Qualified Entity shall submit (directly or by post) one set of the following documents to the
MOCST (through the Art Performance Department) or the provincial PC 25 (through the DOCST): 26
20 “Giấy biên nh ận” in Vietnamese. Literal translation should be “receipt”. This is not a Performance Licence
but should serve as an acknowledgement by the local DOCST that the performance shall be permitted to be
performce in the local ity. 21 Further, although the law does not provide, as non -professional art performances, such performances
would also not be subject to any other licences or permits as discussed in section 0. Bearing in mind that
while the law is not clear, my informal discussion with Ms Tuyet reveals that if such organisations are not
permitted to organise such events in their offices and must o rganise in another place, then they will need to
obtain a Performance Licence as discussed in section 0 will apply. 22 Article 5 of Circular 05. 23 Although the law is not clear, since Decision 47 only regulates the organisation of professional art
performances which are performed by professional actors/actress, it appears that the requirement to obtain a
permit for foreign/Vietnamese overseas actors/a ctresses to join the performance should only apply to
professional actors/actresses only. 24 Although the law is not clear, since Decision 47 only regulates the organisation of professional art
performances which are performed by professional actors/actress , it appears that the requirement to obtain a
permit for foreign/Vietnamese overseas actors/actresses to join the performance should only apply to
professional actors/actresses only.

MEMORANDUM 30 Nov. 2012

(E) Application (in a prescribed form as attached in Annex 1 (in Vietnamese only)); 27
(F) Contents 28 of the program, items, 29 performances, 30 list of participating members of
the performance (e.g. directors, actors, actresses, etc.) indicati ng their name, title and
occupation;
(G) Agreement between the Qualified Entity and the foreign actors/actresses;
(H) Disk (Video -VCD -DVD) recording program, item or performance to be performed in
Vietnam (if requested by the licensing authority); and
(I) Agreement or power of attorney from the NPO to the Qualified Entity. 31

 With respect to Vietnamese overseas actors/actresses

The Qualified Entity shall submit (directly or by post) one set of the following documents to the
MOCST (through the Art Performance Department ):32

(A) Application (in a prescribed form in Annex 2 (in Vietnamese only)); 33
(B) Contents of the program, items, performances, list of participating members (name,
title and occupation);
(C) Agreement between the Qualified Entity and the Vietnamese overseas
actors/ac tresses;
(D) Written opinion of the Vietnamese embassy or diplomatic agency in the relevant
country regarding the performance of the Vietnamese overseas actors/actresses in
Vietnam; and
(E) Agreement or power of attorney from the NPO to the Qualified Entity. 34

 Wit h respect to foreign actors/actresses currently living in Vietnam

The Qualified Entity shall submit (directly or by post) one set of the following documents to the
provincial PC (through the DOCST): 35

(A) Application (in a prescribed form in Annex 3 (in Vietnamese only)); 36
(B) Agreement between the Qualified Entity and the relevant foreign actors/actresses; and
(C) Agreement or power of attorney from the NPO to the Qualified Entity. 37

Timing

25 The MOCST shall issue an approval to an organisations at central level. The provincial PC will issue an
approval to the remaining organisations (Article 19 of Decision 47). 26 Article 16 of Decision 47 and Article 2.II.1.3 of Circular 07. 27 Prescribed form of the application is issued by Circular 07 (Form 2). 28 Nội dung in Vi etnamese. 29 Tiết m ục in Vietnamese. 30 Vở diễn in Vietnamese. 31 Although this is not required by the law, in practice, if the NPO has no function to organise art
performance, this document will be required by the DOCST. 32 Articles 16.2, 19 of Decision 47 and Article 2.II.1.3 of Circular 07. 33 Prescribed form of the application is issued by Circular 07 (Form 3). 34 Although this is not required by the law, in practice, if the NPO has no function to organise art
performance, this document will be required by the DOCST. 35 Articles 16.3, 20.5 of Decision 47 and Article 2.II.1.3 of Circular 07. 36 Prescribed form of the application is issued by Circular 07 (Form 4). 37 Although this is not required by the law, in practice, if the NPO has no function to organise art
performance, this document will be required by the DOCST.

MEMORANDUM 31 Nov. 2012

Within five (5) working days from the date of receipt of a complete and valid dossier, the MOCST,
or the provincial PC, will issue its approval to the Qualified Entity. As the licensing authority has
its own discretion to determine if an application dossier is complete, in practice, it often takes
longer for a licence to b e issued.

Fee s

Nothing at law requires that the applicant pay a fee for the issuance of the above permit.

Step 2: Obtaining Performance Licence

Appli cation D ocuments

In order to obtain a Performance Licence, the Qualified Entity shall submit (directly or by post) one
set of the following documents to the relevant authority: 38

(A) Application for Performance Licence (in a prescribed form), 39 indicating clearly:
name of program or performance, items, 40 performances, 41 time and location for
performance ;42
(B) Summary contents 43 of program, items, or performances, list of authors, director,
choreographer, musician, artist, actors/actresses;
(C) Scenario and music sheet with respect to the performance that will be performed, for
the first time in Vietnam, and pho tos or design specimen of the clothes to be shown (if
a fashion show is included) 44
(D) If applicable, the permit issued by the MOCST or the provincial PC allowing
foreign/Vietnamese overseas actors/actresses to perform in Vietnam (see Step 1 –
section 0 above); and
(E) Certified copy of the Qualified Entity’s business registration certificate or
establishment decision.

We understand that in practice, the Ho Chi Minh City DOCST would require the following
additional documents: 45

(A) Decision of the MOCST allowing the performance of the songs, if the songs (i) were
composed prior to 1975 in the Southern provinces which have not been permitted by
the MOCST to be pu blished; or (ii) are composed by Vietnamese overseas; 46
(B) Permit of author(s), or organisation representing the author(s) 47, allowing the use of
their work(s);
38 Article 22 of Decision 47 and Article 2.II.1.4 of Circular 07. 39 Prescribed form of the application for Performance Licence is issued by Circular 07 (Form 5). 40 Tiết m ục in Vietnamese. 41 Vở diễn in Vietnamese.s 42 The Ho Chi Minh City DOCST also requests the Qualified Entity to register time and location for
examination of the performance. 43 Nội dung in Vietnamese. 44 Article 7.2 of Decree 103. 45 https://csdl.thutuchanhchinh.vn/ho_so_tthc/tp_ho_chi_minh/t_hcm_031168_tt and
https://csdl.thutuchanhchinh.vn/ho_so_tthc/tp_ho_c hi_minh/t_hcm_031229_tt . 46 Pursuant to Notice No. 05 of the Ministry of Culture and Information dated 28 February 1995 (as amended
by Circular 07), songs which were composed prior to 1975 in the Southern provinces and have not been
permitted to be performe d in Vietnam by the MOCST must be approved by the Ministry of Culture and
Information (now the MOCST) prior to performance. For the purpose of this Note, I will not discuss in
details procedures for obtaining such approval. 47 i.e. the Copyright Department under the MOCST.

MEMORANDUM 32 Nov. 2012

(C) Copy of visa of foreign models (if any);
(D) Agreement or power of attorney from the NPO to the Qualif ied Entity; 48 and
(E) Agreement to lease location to organise the performances (if such location is not a
specialised location (e.g. theatre, etc.). 49

Timing

Within five (5) working days from the date of receipt of a complete and valid dossier, the Art
Performance or the provincial DOCST will issue a Performance Licence to the Qualified Entity. As
the licensing authority has its own discretion to determine if an application dossier is complete, in
practice, it often takes longer for a licence to be issue d.

Fee s

Under Circular 08, 50 upon applying for a Performance Licence, the Qualified Entity will need to
pay a fee, to cover the administrative costs associated with the evaluation of an art performance
program, to the relevant licensing authority (i.e. th e Art Performance Department or the local
DOCST) at the following tariff:

No. Length of performance
program
Fee (VND/performance)
1. Up to 50 minutes 300,000
2. 51 -100 minutes 600,000
3. 101 -150 minutes 900,000
4. > 150 minutes 900,000 + additional fee

Of which:

– Additional fee: from 151 minutes upward, the applicant needs to pay an additional fee of
VND25,000/25 minutes (rounded up).
– Instrumental music, dance or charitable performance program would be entitled to a
discount of 50% off of the evaluation fees detailed above.
– Performances which must be adjusted and re -evaluated must pay an additional evaluation
fee which is equal to 50% of the fee as detailed above.

Step 3: Obtaining a written acknowledgement for performance issued by the DOCST where the
performance is performed

If the performance is organised in a province different from the province where the Qualified
Entity is located, after being issued a Performance Licence, the Q ualified Entity also needs to
obtain a written acknowledgement for performance from the local DOCST(s) where the
performance is performed. 51

Application D ocuments

48 Although this is not required by the law, in practice, if the NPO has no function to organise art
performance, this document will be required by the DOCST. 49This was advised by Ms Tuyet (see footnote 10 ). 50 Circular 08/2004/TT -BTC of the Ministry of Finance dated 9 February 2004 guiding the collection,
payment and use of fee for evaluation of art performance program ( Circular 08 ). 51 Articles 10.2 and 2.3 of Decision 47.

MEMORANDUM 33 Nov. 2012

While the law does not specify how the procedures should be, in practice, the HCMC DOCST
would require the Qualified Entity to submit the following documents: 52

(A) Written request for performance in Ho Chi Minh City; 53
(B) Performance Licence issued by competent authority;
(C) List of actors/actresses; and
(D) Business registration certificate or establishment decision of the Qualified Entity.

Timing

Within seven (7) working days from the date of receipt of a complete and valid dossier, the HCMC
DOCST will issue a written acknowledgement to the Qualified Entity. As the licensing authority
has its own discretion to determine if an application dossier is complete, in practice, it often takes
longer for a written acknowledgement to be issued.

Fees

Nothing at law requires that the Qualified Entity is required to pay a fee for the issuance of the
ab ove receipt.

3. Fashion Show s

If a fashion show is organised separately (without any other professional art performance as
discussed in section I abo ve), the Qualified Entity also needs to obtain a separate Performance
Licence from the Art Performance Department or the local DOCST. 54

Application D ocuments

The Qualified Entity needs to submit (directly or by post) one set of the following documents to the
relevant authority: 55

(A) Application for fashion show (in a prescribed form in Annex 4 (in Vietnamese
only)), 56 indicating the name of the program, items, 57 authors, directors and
performers;
(B) Photos or design specimen of clothes to be shown;
(C) Visa of foreign models (if any); 58
(D) Agreement to lease location to organise the performances (if such location is not a
specialised location); 59 and
(E) Agreement or power of attorney from the NPO to the Qualified Entity. 60

52 https://csdl.thutuchanhchinh.vn/ho_so_tthc/tp_ho_chi_minh/t_hcm_031787_tt . 53 The Ho Chi Minh City DOCST also requests the applic ant to register time and location for examination of
the performance. 54 Article 7.1 of Decree 103. Although it is not entirely clear, it appears from Article 7.1 of Decree 103 that
the MOCST shall issue an approval to organisations at central level. The pr ovincial PC will issue an approval
to the remaining organisations. 55 Article 7.2 of Decree 103 and Article 2.VI.1 of Circular 07. 56 Prescribed form of the application for Performance Licence is issued by Circular 07 (Form 21). 57 Tiết m ục in Vietnamese. 58 While this is not required by the law, in practice, the HCMC DOCST would require such document
(https://csdl.thutuchanhchinh.vn/ho_so_tthc/tp_ho_chi_minh/t_hcm_031229_t t). 59 This is advised by Ms Tuyet. 60 Although this is not required by the law, in practice, if the NPO has no function to organise art
performance, this document will be required by the DOCST.

MEMORANDUM 34 Nov. 2012

Timing

Within fi ve (5) working days from the date of receipt of a complete and valid dossier, the relevant
authority will issue a Performance Licence to the Qualified Entity. As the licensing authority has its
own discretion to determine if an application dossier is compl ete, in practice, it often takes longer
for a licence to be issued.

If the licensing authority requests that an examination of the shows must be conducted, then the
Qualified Entity needs to facilitate the licensing authority to do so.

Fees

A similar fe e structure, as set out in Step 2 of section 0, applies for review of fashion shows.

4. Festivals

Decree 103 and Circular 04 provide for various type s of festivals, including: (i) traditional festivals,
(ii) historical and revolutionary festivals, (iii) cultural, sport, and/or tourist festivals, and (iv)
festivals of a foreign origin, which are organized in Vietnam. As the Decree does not provide for
any restrictions on types of organisations to be permitted to organise festivals, one can argue that
any entity, which should include NPOs, are permitted to organise a festival.

A. Festivals subject to a licence

The organisation of the following festivals would be subject to a licence issued by the
provincial PC ( Festival Licence ):61

 Festivities organized for the first time;
 Festivities restored after many years’ interruption;
 Periodically organized festivities but with changes in th eir traditional contents
and/or time; and
 Festivities of foreign origin organized by foreign or Vietnamese organizations.

B. Festivals not subject to licence

Upon organising the following festivals, the organiser is not required to obtain a
Festival Licence but will need to report to the Culture and Information Office at the
commune level (with respect to festivals organised by organisations at commune level)
or to the local DOCST (with respect to festivals organised by organisations at the
district level) a t least thirty (30) days prior to the opening date: 62

 Traditional festivities which have been organized regularly, continuously or
periodically; cultural and tourist festivities. 63
 Other festivities which are organized for the second time or more (except fo r
Festivities of a foreign origin organized by foreign or Vietnamese organizations).

The report must specify: time, location, contents, 64 program, 65 script of festival;
together with the establishment decision and a list of members of the organizing
committ ee for the festival.
61 Article 18.1 of Decree 103. 62 Article 19 of Decree 103 and Article 7 of Circular 04. 63 e.g. pagoda related festivals organised every years (Perfume Pagoda Festivals, Lim Festival, Hung King
Anniversary, etc.)

MEMORANDUM 35 Nov. 2012

Application D ocuments

In order to obtain a licence, at least 30 working days prior to the opening date, the applicant needs
to submit to the provincial PC an application for a Festival Licence (in a prescribed form in Annex
5 (in Vietnamese only)), 66 indicating clearly:

 contents of festival or changes in contents;
 time and location;
 proposed establishment of festival organisation committee;
 commitment to ensure quality 67 and to bear responsibilities before the law if committing
a breach; 68 and
 commitment to ensure safety and order during the festival.

Timing

Within twenty (20) working days from the date of receipt of a complete and valid dossier, the
provincial PC will issue a Festival Licence to the applicant. If the local DOCST has been
authorised by the provincial PC to issue such Licence, it will issue a Festival Licence within 10
working days from the date of receipt of a complete and valid dossier. As the licensing authority
has its own discretion to determine if an applicat ion dossier is complete, in practice, it often takes
longer for a licence to be issued.

Fee

Nothing at law requires that an applicant pay a fee for the issuance of a Festival Licence.

III. Restrictions on Organizing Cultural Activities / Professional Art Performances

Decree 103 and Decision 47 provide for a wide range of prohibited activities during the
organisation of cultural activities or professional art performances a s follows: 69

(a) Cultural activities and commercial provision of cultural services with the following
contents:
64 Nội dung in Vietnamese. 65 Chương trình in Vietnamese. 66 Prescribed form of the application for Performance Licence is issued by Circular 07 (Form 22). 67 It is not clear from the law what “commitment to ensure quality” means (i.e. whether the festivals must be
organised by professional festival organisers or fe stivals which have meaningful activities should satisfy the
condition of quality). Since Article 20.4 requires festival organisers to ensure that folk games, cultural
performances and sports organized in the festival area must be of useful and healthy cont ents appropriate to
the scope, nature and characteristics of the festival, the later interpretation sounds more sensible. 68 Under Decree 103, organisations of cultural activities are prohibited from carrying out various activities
(see section Error! Reference s ource not found. ). Decree 103 also imposes certain specific responsibilities
on a festival organiser (e.g. (i) to set up an organizing committee, (ii) festive rituals must be solemnly
practiced in a traditional manner under the guidance of competent state agencies in charge of culture, sports
and tourism, (iii) within the festivity area, the national flag must be hoisted in a solemn place above festive
flags, ( iv) folk games, cultural performances and sports organized in the festival area must be of useful and
healthy contents appropriate to the scope, nature and characteristics of the festival, and (iv) donations,
charities, financial supports and other revenue s from the organization of festivities must be managed and
used in accordance with law. It is therefore reasonable to assume that committing such prohibitions should
constitute a breach of law. 69 Article 3 of Decree 103 and Article 3 of Decision 47.

MEMORANDUM 36 Nov. 2012

– Inciting the people to oppose the State of the Socialist Republic of Vietnam;
undermining the unity block of the entire people;
– Inciting violence, propagandizing wars of aggression, sowing hatred between nations
and peoples; dissemi nating reactionary ideas and cultures, depraved lifestyles, criminal
acts, social evils, superstitions, acts against fine customs and habits, harming the health
and deteriorating the eco -environment.
– Disclosing Party and State secrets, military, security, economic and foreign relation
secrets, personal privacy and other secrets under law;
– Distorting history, negating revolutionary achievements, offending personalities,
offending the nation, slandering and hurting the honour and reputation of
organizations, and honour and dignity of individuals.
(b) Circulating, disseminating and trading in illegally produced or imported cultural products,
cultural products subject to circulation suspension, circulation ban, withdrawal,
confiscation or destruction decisions; comm ercially providing cultural services without
business registration certificates or business permits required by law.
(c) Organizing cultural activities and commercially providing cultural services in violation of
regulations on civilized lifestyles, security, order and fire and explosion prevention and
fighting.

MEMORANDUM 37 Nov. 2012

ANNEX 5
APPLICATION FOR ISSUANCE OF LICENCE TO FOREIGN INDIVIDUALS
AND/OR ART GROUPS TO PERFORM IN VIETNAM

(Form 2 – Circular 07/2011/TT -BVHTTDL of the MOCST dated 7 June 2011 )

TÊN CƠ QUAN, T Ổ CH ỨC
ĐỀ NGe Ị CẤP PH?P
CỘNG HOÀ XÃ H ỘI CH Ủ NGHĨA VI ỆT NAM
Độc l ập – Tự do – Hạnh phúc ___________________________________________________________

………….., ngày…… tháng……. năm …….

ĐƠN ĐỀ NGHỊ CẤP GIẤY PHÉP
CHO CÁ NHÂN, ĐOÀN NGHỆ THUẬT NƯỚC NGOÀI
VÀO VIỆT NAM BIỂU DIỄN NGHỆ THUẬT

Kính gửi: – Bộ Văn hóa, Thể thao và Du lịch
(đối với các đơn vị thuộc Trung ương)
– Ủy ban nhân dân tỉnh, thành phố ……
(đối với các đơn vị thuộc địa phương)

(Đơn vị)……… đề nghị Bộ Văn hóa, Thể thao và Du lịch (hoặc Ủy ban nhân dân
tỉnh, thành phố…) cấp giấy phép cho cá nhân (hoặc đoàn nghệ thuật) do đơn vị chúng tôi
mời vào Việt Nam biểu diễn nghệ thuật:

1. Tên đoàn nghệ thuật (hoặc cá nhân):…………………….……………….
2. Nội dung chương trình:…………………………………….………… …
3. Thời lượng chương trình (số phút):…………………………………………………..
4. Người chịu trách nhiệm chương trình:………………………………………………
5. Thời gian: Từ ngày… tháng… năm…….. đến ngày… tháng … năm………….
6. Địa điểm:………………………………………………………………………………………
7. Cam kết:

– Thực hiện đúng các quy định về biểu diễn nghệ thuật và các quy định của pháp
luật về quyền tác giả và quyền liên quan.
– Chịu trách nhiệm về tính chính xác, trung thực của nội dung hồ sơ đề nghị cấp
giấy phép./.

ĐẠI DIỆN THEO PHÁP LUẬT CỦA
CƠ QUAN, TỔ CHỨC ĐỀ NGHỊ CẤP GIẤY PHÉP
(Ký, đóng dấu, ghi rõ họ tên F

MEMORANDUM 38 Nov. 2012

ANNEX 6
APPLICATION FOR ISSUANCE OF LICENCE TO VIETNAMESE OVERSEA
INDIVIDUALS TO PERFORM IN VIETNAM

(Form 3 – Circular 07/2011/TT -BVHTTDL of the MOCST dated 7 June 2011 )

TÊN CƠ QUAN, T Ổ
CH ỨC
ĐỀ NGH Ị CẤP PHÉP
_________________
CỘNG HOÀ XÃ H ỘI CH Ủ NGHĨA VI ỆT NAM
Độc l ập – Tự do – Hạnh phúc

___________________________________________________________

………….., ngày…… tháng……. năm …….

ĐƠN ĐỀ NGHỊ CẤP GIẤY PHÉP
CHO CÁ NHÂN LÀ NGƯỜI VIỆT NAM ĐỊNH CƯ Ở NƯỚC NGOÀI
VÀO VIỆT NAM BIỂU DIỄN NGHỆ THUẬT

Kính gửi: Cục Nghệ thuật biểu diễn, Bộ Văn hoá , Thể thao và Du lịch
(Đơn vị)……… được thành lập ngày….theo giấy phép số… của Bộ Kế hoạch và
Đầu tư (Sở Kế hoạch và Đầu tư tỉnh, thành phố…). Thực hiện kế hoạch, đơn vị đề nghị Cục
Nghệ thuật biểu diễn xem xét, cấp giấy phép cho cá nhân là người Việt Nam định cư ở
nước ngoài được vào Việt Nam hợp tác với đơn vị chúng tôi trong một số chương trình sản
xuất, phát hành bản ghi âm, ghi hình ca múa nhạc, sân khấu và biểu diễn nghệ thuật:

1. Tên cá nhân:……………………………………..(nghệ danh ………………………….)
2. Ngày tháng năm sinh:……………………………………………………………………..
3. Số hộ chiếu:…………………………………………………………………………………..
4. Địa c hỉ liên hệ: (tại Việt Nam hoặc ở nước ngoài)………………………
5. Thời gian: Từ ngày… tháng… năm…. đến ngày….. tháng….. năm……….
6. Địa điểm:………………………………………………………………………………………
7. Cam kết:

– Thực hiện đúng các quy định về biểu diễn nghệ thuật và các quy định của pháp
luật về quyền tác giả và quyền liên quan.
– Chịu trách nhiệm về tính chính xác, trung thực của nội dung hồ sơ đề nghị cấp
giấy phép./.

ĐẠI DIỆN THEO PHÁP LUẬT CỦA
CƠ QUAN, TỔ CHỨC ĐỀ NGHỊ CẤP GIẤY PHÉP
(Ký, đóng dấu, ghi rõ họ tên F

MEMORANDUM 39 Nov. 2012

ANNEX 7
APPLICATION FOR ISSUANCE OF LICENCE TO FOREIGN
ACTORS/ACTRESSES CURRENTLY LIVING IN VIETNAM TO PERFORM IN
VIETNAM

(Form 4 – Circular 07/2011/TT -BVHTTDL of the MOCST dated 7 J une 2011 )

TÊN CƠ QUAN, T Ổ
CH ỨC
ĐỀ NGe Ị CẤP PH?P
_________________
CỘNG HOÀ XÃ H ỘI CH Ủ NGHĨA VI ỆT NAM
Độc l ập – Tự do – Hạnh phúc

___________________________________________________________

………….., ngày…… tháng……. năm …….

ĐƠN ĐỀ NGHỊ CẤP GIẤY PHÉP
CHO CÁ NHÂN LÀ NGƯỜI NƯỚC NGOÀI
ĐANG SINH SỐNG TẠI VIỆT NAM BIỂU DIỄN NGHỆ THUẬT

Kính gửi: – Cục Nghệ thuật biểu diễn, Bộ Văn hóa, Thể thao và Du lịch (đối với các
đơn vị thuộc Trung ương)
– Ủy ban nhân dân tỉnh, thành phố ……
(đối với các đơn vị thuộc địa phương)

(Đơn vị)……… đề nghị Bộ Văn hóa, Thể thao và Du lịch (hoặc Ủy ban nhân dân
tỉnh, thành phố…) cấp giấy phép cho cá nhân người nước ngoài đang sinh sống tại Việt
Nam biểu diễn nghệ thuật:

1. Tên cá nhân :……………………………………..(nghệ danh………………………….)
2. Địa chỉ nơi cư trú:………………………………………………………………………….
3. Nội dung biểu diễn……………………………………………………..
4. Thời lượng ch ương trình (số phút):………………………………………………..
5. Thời gian: Từ ngày… tháng… năm…….. đến ngày… tháng… năm…………
6. Địa điểm:…………………………………………………………………………….. ……….
7. Cam kết:

– Thực hiện đúng các quy định về biểu diễn nghệ thuật và các quy định của pháp luật về
quyền tác giả và quyền liên quan.
– Chịu trách nhiệm về tính chính xác, trung thực của nội dung hồ sơ đề nghị cấp giấy
phép./.

ĐẠI DIỆN THEO PHÁP LUẬT CỦA
CƠ QUAN, TỔ CHỨC ĐỀ NGHỊ CẤP GIẤY PHÉP
(Ký, đóng dấu, ghi rõ họ tên F

MEMORANDUM 40 Nov. 2012

ANNEX 8
APPLICATION FOR ISSUANCE OF FASHION SHOW LICENCE
(Form 21 – Circular 07/2011/TT -BVHTTDL of the MOCST dated 7 June 2011 )

TÊN CƠ QUAN, T Ổ
CH ỨC
ĐỀ NGe Ị CẤP PH?P
_________________
CỘNG HOÀ XÃ H ỘI CH Ủ NGHĨA VI ỆT NAM
Độc l ập – Tự do – Hạnh phúc

___________________________________________________________

………….., ngày…… tháng……. năm …….

ĐƠN ĐỀ NGHỊ
CẤP GIẤY PHÉP TRÌNH DIỄN THỜI TRANG

Kính gửi: – Cục Nghệ thuật biểu diễn, Bộ Văn hóa, Thể thao và Du lịch
(đối với các đơn vị thuộc Trung ương)
– Sở Văn hóa, Thể thao và Du lịch tỉnh/thành phố….
(đối với các đơn vị thuộc địa phương)
Nhà hát (Đơn vị)……. đề nghị Cục Nghệ thuật biểu diễn (hoặc Sở Văn hóa, Thể
thao và Du lịch…) cấp giấy phép trình diễn thời trang:

1. Tên chương trình:…………………………………………………………………………..
2. Nội dung chương trình:……………….………………………………….
3. Thời lượng chương trình (s ố phút):…………………………………………………..
4. Người chịu trách nhiệm chương trình:………………………………………………
5. Thời gian: Từ ngày… tháng… năm… đến ngày… tháng… năm………………
6. Địa điể m:………………………………………………………………………………………
7. Cam kết:

– Thực hiện đúng các quy định về biểu diễn nghệ thuật, trình diễn thời trang; thi
người đẹp, người mẫu; phát hành, lưu hành, kinh doanh bản g hi âm, ghi hình ca múa nhạc,
sân khấu và các quy định của pháp luật về quyền tác giả và quyền liên quan.

– Chịu trách nhiệm về tính chính xác, trung thực của nội dung hồ sơ đề nghị cấp
giấy phép./.

NGƯỜI ĐẠI DIỆN THEO PHÁP LUẬT CỦA
CƠ QUAN, TỔ CHỨC ĐỀ NGHỊ CẤP GIẤY PHÉP
(Ký, đóng dấu, ghi rõ họ tên )

MEMORANDUM 41 Nov. 2012

ANNEX 9
APPLICATION FOR ISSUANCE OF LICENCE FOR
ORGANISATION OF FESTIVAL

(Form 22 – Circular 07/2011/TT -BVHTTDL of the MOCST dated 7 June 2011 )

TÊN CƠ QUAN, T Ổ
CH ỨC
ĐỀ NGH Ị CẤP PHÉ P
_________________
CỘNG HOÀ XÃ H ỘI CH Ủ NGHĨA VI ỆT NAM
Độc l ập – Tự do – Hạnh phúc

___________________________________________________________

………….., ngày…… tháng……. năm …….

ĐƠN ĐỀ NGHỊ
CẤP GIẤY PHÉP TỔ CHỨC LỄ HỘI

Kính gửi: ( Tên cơ quan cấp giấy phép ) ……………………………………

Tên cơ quan, tổ chức (đề nghị cấp phép) : …………………………………….
Địa chỉ:……………………………………………………………………..
Điện thoại:………………………………………………………………….
Đề nghị ( Tên cơ quan cấp giấy phép )……………….. cấp giấy phép tổ chức lễ
hội…………………… ……………………………………………………………………………
Nội dung lễ hội (ghi rõ nội dung lễ hội hoặc nội dung thay đổi so với truyền
thống)…………………………………………………………………………… ………………..
………………………………………………………………………………
Thời gian tổ chức:
Địa điểm tổ chức:
Thành phần Ban Tổ chức lễ hội:
Cam kết:

Thực hiện đúng nội dung ghi trong giấy phép, không vi phạm các quy định cấm tại
Điều 3 Quy chế hoạt động v ăn hóa và kinh doanh dịch vụ v ăn hóa công cộng ban hành
kèm theo Nghị định số 103/2009/N Đ-CP ngày 06 tháng 11 n ăm 2009 của Chính phủ./.

ĐẠI DIỆN THEO PHÁP LUẬTCỦA
CƠ QUAN, TỔ CHỨC ĐỀ NGHỊ CẤP GIẤY
PHÉP
(Ký, đóng dấu, ghi rõ họ tên F

MEMORANDUM 42 Nov. 2012

ANNEX 10
SAMPLE EVENT LICENSE APPLIC ATION COVER LETTER

LIN Center for Community Development THE SOCI AL IST REPUBLIC OF VIETNAM
Re: Organization of “[NAME OF EVENT]” Independence – Freedom – Happiness
Date: DD Month YYYY

To: HCM City Department of Culture, Sport and Tourism
HCM City Department of External Affairs

Dear Sirs and Madams,

LIN Center for Community Development hereby extends our best regards to your department.
We are writing to seek your approval of our proposed organization of the [EVENT NAME] on [DATE] at
[VENUE]. We would like to present on the purpose and the organization of this event, as follows:

 LIN Center for Community Development was registered for operations in accordance with the
Certificate of Operation Registration No. A -840 dated 29 June 2009 issued by the Ministry of
Science and Technology. The main responsibility of the center is to conduct programs that help to
develop the community. We are pleased to enclose the Certificate of Operation Registration for your
reference.
 LIN Cent er for Community Development, together with [LIST EVENT PARTNERS, IF ANY], is
organizing this event. The liaison person who is responsible for the event is [INSERT NAME &
TITLE]. [IF APPLICABLE] We are pleased to enclose a list of individuals contributing to the event
team in Appendix 1.
 The [EVENT NAME] is supported by [EMBASSY/CONSULATE NAME, IF APPLICABLE],
which sent a Diplomatic Note No. [INSERT NUMBER] dated [INSERT DATE] kindly requesting
your departments to facilitate us in the licensing process to carry out the [EVENT NAME].
 The [EVENT NAME] will be starting at XX :00 to XX :00 at [VENUE] on [DATE]. We are pleased
to enclose the agenda and timetable of this event in Appendix 2.
 The [EVENT NAME] will be participated by the representative of LIN Center for Community
Development, members of the Committee, other [NUMBER] foreigners (Please see Appendix 1)
who are working and living in Vietnam, together with about [NUMBER] guests.
 We are also pleased to enclose herewith the script of the event and the lyric s of the songs which will
be played in the event, for your reference (Appendix 3).

We undertake that the [EVENT NAME] will be carried out in compliance with the content mentioned herein
and with the laws of Vietnam.

We kindly request your department to c onsider and approve the organization of the [EVENT NAME] in
compliance with the content registered in this letter.

Thank you and best regards,

Declared by

[SIGNED AND STAMPED]

On behalf of LIN