Workshop to collect opinions on the Draft Charter of the Golden Heart Social Charity Fund

The workshop was attended by comrades: Phan Van Anh - Vice President of the General Confederation of Labor (chaired); Tran Thi Thanh Ha - Member of the Presidium, Head of the Labor Relations Department; Thang Thi Hanh - Director of the Department of Non-governmental Organizations (Ministry of Home Affairs); Nguyen Minh Dung - Deputy Head of the Finance Department; Phan Thu Thuy - Deputy Editor-in-Chief of Lao Dong Newspaper and representatives of the Departments and units of the General Confederation, Provincial and Municipal Labor Federations, Central Industry Trade Unions.

Presenting a preliminary report on the history of the formation of the Golden Heart Social Charity Fund, comrade Phan Thu Thuy - Deputy Editor-in-Chief of Lao Dong Newspaper said: The Golden Heart Social Charity Fund has been operating since October 1996. On August 14, 2001, the Presidium of the General Confederation of Labor decided to establish the "Golden Heart" Charity Social Fund, thereby recognizing the operation of the "Golden Heart" Charity Fund since October 1996, and assigning Lao Dong Newspaper to preside over and coordinate with the Provincial and Municipal Labor Federations, Central and equivalent industry unions to organize the construction and development of the Fund.

On September 25, 2007, the Government issued Decree No. 148/2007/ND-CP on the organization and operation of social funds and charity funds. To ensure the regulation on the number of founding members of the Fund according to the provisions of Decree 148/2007/ND-CP, the Golden Heart Social Fund has developed a Fund Charter and added 01 founding member, the Vietnam General Confederation of Labor, and sent to the Ministry of Home Affairs a request for a license to establish and recognize the fund charter according to regulations.

On November 5, 2010, the Ministry of Home Affairs issued Decision No. 1288/QD-BNV on granting a license to establish and recognize the Charter of the Tam Long Charitable Social Fund. Since then, the Golden Heart Social Charity Fund has organized activities according to the Charter prescribed in Decision No. 1288/QD-BNV.

After 25 years of operation, the Golden Heart Social Charity Fund has made many contributions to social charity activities for workers, trade unions and other social and volunteer activities for the community. The fund's achievements and activities have received many awards from all levels and sectors, and the Second Class Labor Medal from the President.

Regarding the consultation on the Draft Charter of the Golden Heart Social Charity Fund, a representative of the Labor Relations Department said: Pursuant to Decree No. 93/2019/ND-CP dated November 25, 2019 of the Government on the organization and operation of social funds and charity funds; Official Dispatch No. 3070/BNV-TCPCP dated July 4, 2018 and Official Dispatch No. 1828/BNV-TCPCP dated April 2020 of the Ministry of Home Affairs, the Golden Heart Social Charity Fund has reviewed, amended and supplemented the Charter. Basically, the Draft Charter has ensured the requirements of Decree 93/2019/ND-CP and the guidance of the Ministry of Home Affairs. However, the Draft still has two different opinions on the following contents:

- Regarding the name of the Fund (Article 1).

- Regarding the principles and purposes of the Fund (Article 2)

Specifically:

* First opinion: The name and principles of the Fund's operation purpose have not met the requirements of Decree 93/2019/ND-CP; Circular No. 4/2020/TT-BNV dated October 13, 2020 of the Ministry of Home Affairs detailing and guiding the implementation of a number of articles of Decree No. 93/2019/ND-CP of the Government, because:

- Article 4, Decree 93/2019/ND-CP stipulates:

Social Fund: Is a fund organized and operated with the purpose of supporting and encouraging the development of culture, education, health, physical education, sports, science and agricultural and rural development, not for profit.

Charity funds: are funds organized and operated with the purpose of supporting the recovery of incidents caused by natural disasters, fires, epidemics, accidents and other vulnerable and disadvantaged groups that need the support of society, not for profit.

- Circular No. 4/2020/TT-BNV only guides the Model Charter for "Social Fund" and the Model Charter for " Charity Fund". There is no regulation that the model Charter includes both the contents of "social and charity".

- Official Dispatch 1828/BNV TCPCP of the Ministry of Home Affairs guides the Fund as follows: According to Clause 2, Clause 3, Article 4 of Decree No. 93/2019/ND-CP, only social funds; charity funds (no regulations on social - charity funds).

Thus,

- Regarding the name "Golden Heart Fund of Lao Dong", it is not clearly shown whether it is a "C around charity fund" or "Social fund", therefore, it does not ensure the provisions of Article 4 of Decree 93/2019/ND-CP.

- Regarding the principle that the purpose of including both activities is "charity activities" and "social activities", the current legal regulation does not have instructions to combine both of these contents in the same Charter.

* Second opinion:

The draft Fund Charter is in accordance with legal regulations, ensuring inheritance, in accordance with the functions and tasks of the trade union organization, specifically:

- According to current legal regulations, there is no regulation that does not allow a Fund to only choose one of two activities: "charity" or "social" activities.

- The draft is built on the basis of "ensuring inheritance" from the Charter of the Golden Heart Social - Charitable Fund approved by the Ministry of Home Affairs under Decision No. 1288/QD-BNV dated November 5, 2010 of the Ministry of Home Affairs (This Charter allows the Fund to operate both "charity" and "social" contents).

- In fact, for more than 90 years, the "charity" activities of trade unions have always been associated with "social" activities. If only two important activities of "charity" or "social" activities are chosen, it will be very difficult for trade unions to carry out activities to care for and protect union members and workers.

Giving her opinion on the Charter of the Golden Heart Social Charity Fund, Comrade Thang Thi Hanh - Director of the Department of Non-governmental Organizations, Ministry of Home Affairs said that Decree No. 93/2019/ND-CP of the Government on the organization and operation of social and charity funds clearly stipulates that the Fund's name is "Social Fund" or " Charity Fund", therefore, in the fund's charter, it is necessary to clearly identify the beneficiaries. Regarding the founder of the fund, it is necessary to seek opinions from competent authorities, then the Ministry of Home Affairs will issue a decision on the fund management board. The founding personnel need to calculate when there are changes that do not affect the fund's operations.

Concluding the Workshop, Vice President of the General Confederation of Labor Phan Van Anh suggested that the Labor Relations Department coordinate with the Finance Department and the Labor Newspaper to absorb the opinions at the Workshop and complete the Fund's charter. The Ministry of Home Affairs is requested to coordinate and discuss with relevant units of the General Confederation of Labor on how to get a draft of the Fund's charter that is suitable and best-performing. Lao Dong Newspaper has reported in detail on the activities of the Golden Heart Social Charity Fund up to now, proposing a "social" or "charity" fund to comply with Decree 93 of the Government.