Question: Typhoon Yagi left a lot of damage. I want to call on and mobilize relatives, friends, colleagues... to donate money and goods to support people in flood-hit areas. What regulations must I follow?
Reply:Individuals who wish to participate in mobilizing, receiving, distributing and using voluntary contributions to support people in difficulty in flood-affected areas must comply with the provisions of Decree No. 93/2021/ND-CP (Decree No. 93). Specifically as follows:
1. Mobilizing and receiving voluntary contributions
Firstly, when mobilizing, receiving and distributing voluntary contributions to support people in difficulty in flood-affected areas, individuals are responsible for notifying on the media about the purpose, scope, method, form of mobilization, receiving account (for money), receiving location (for goods), time of distribution commitment and sending in writing to the People's Committee of the commune where they reside according to the Notification form.
Second, individuals open separate accounts at commercial banks for each campaign to receive and manage all voluntary contributions, arrange suitable locations to receive, manage, and preserve voluntary contributions during the reception period; have receipts for voluntary contributions in cash and in kind received when requested by contributing organizations and individuals.
Individuals are not allowed to receive additional voluntary contributions after the end of the committed receiving period and are responsible for notifying the account opening location about stopping receiving voluntary contributions.
2. Distribution and use of voluntary contributions
Firstly, individuals are responsible for notifying the People's Committee of the place receiving support (provincial, district, and commune levels according to decentralization; if necessary, contact the provincial People's Committee for specific instructions) to coordinate in determining the scope, subjects, level, and duration of support and to implement distribution and use in accordance with the commitment, including for conditional contributions and specific addresses (if any).
Second, within 3 working days at the latest from the date of receiving the notification, the People's Committee of the place receiving the support shall preside over and coordinate with the Mobilization Committee at the same level (if any) to guide individuals on the scope, objects, support level, time for distributing voluntary contributions and create conditions, ensure safety for support activities; send coordinating forces to participate in distributing voluntary contributions when necessary or at the request of individuals.
Third, encourage individuals to spend from voluntary contributions according to the provisions in Clause 1, Article 11 of Decree No. 93, except in cases where they are made according to commitments with contributing organizations and individuals.
Fourth, the individual mobilizer is responsible for reaching an agreement with the contributing organization or individual to have a plan to distribute and use the remaining voluntary contributions or transfer them to the Vietnam Fatherland Front Committee at all levels to implement social security policies in accordance with the goals committed to the contributing organization or individual. The continued distribution and use to overcome difficulties caused by natural disasters, epidemics, and domestic incidents shall be implemented in accordance with the provisions of Decree No. 93.
3. Financial management, public disclosure of voluntary contributions
Firstly, the costs of mobilizing, receiving, distributing and using voluntary contributions are paid by the individual mobilizing. In cases where the contributing organizations and individuals agree, the individual is paid from the voluntary contributions, but must summarize and publicize this cost.
Second, voluntary contributions mobilized, received, distributed and used by individuals to overcome the consequences of storms and floods are not aggregated into the state budget. In the case of support for the repair and construction of essential infrastructure works and the purchase of equipment, organizations, agencies and units receiving, distributing and using them shall carry out financial management according to the provisions of Clause 3, Article 13 of Decree No. 93; in the case of support for specific assets such as essential infrastructure works and equipment from voluntary contributions mobilized, received, distributed and used by individuals to support administrative agencies and public service units, the assets shall be received, valued and managed according to the provisions of Clause 7, Article 13 of Decree No. 93.
Third, voluntary contributions mobilized, received, distributed and used by individuals to overcome the consequences of storms and floods must ensure publicity and transparency. Individuals are responsible for opening a book to record full information on the results of receiving and distributing voluntary contributions in cash and kind according to the supported subjects and areas, including those received under conditions and specific addresses (if any), publicly implementing according to the contents specified in Clause 2, Article 14 of Decree No. 93 on the media and sending the results in writing to the People's Committee of the commune where they reside for public posting at the agency's headquarters within 30 days. The time of public implementation is stipulated as follows:
- Publicize documents on organizing calls and mobilizing organizations and individuals to voluntarily contribute money and in-kind contributions immediately after issuance.
- Publicize the time, location, and method of receiving voluntary contributions of money and goods 1 to 3 days before the implementation begins.
- Publicize the results of mobilizing, receiving and distributing voluntary contributions: publicize the total amount of money and objects mobilized and received no later than 15 days after the end of the reception period; publicize the total amount of money and objects distributed and used no later than 30 days after the end of the distribution and use period;
- Publicize the support objects, support policies and support levels right from the beginning of implementing support, distributing voluntary contributions in cash and in kind.
Fourth, individuals who mobilize, receive, and distribute voluntary contributions to support overcoming difficulties caused by storms and floods are responsible for providing information upon request of competent authorities in accordance with the provisions of law.
TH