Is it possible to establish a charity fund if I have a criminal conviction in Vietnam?
In Vietnam, is it possible to establish a charity fund if I have a criminal conviction?In Vietnam, what does a charity fund's application include? I recently got out of prison and my criminal conviction has yet to be cleared. Can I set up a charity fund?
<subquestion>In Vietnam, is it possible to establish a charity fund if I have a criminal conviction?</subquestion>

Pursuant to Clause 1, Article 11 of Decree 93/2019/ND-CP:
1.Founding members of a fund are required to meet the following conditions:
a) They must be Vietnamese citizens or organizations;
b) If the founding member is a Vietnamese citizen, he/she must have full capacity for civil acts and no previous criminal convictions;
c) If the founding member is a Vietnamese organization, it must be duly established and have its charter or document defining its functions and tasks, a resolution of its leadership or decision of its head on the establishment of fund, and a decision on appointment of a representative to act as a fund's founding member; in case of a foreign-invested organization, its representative who acts as a fund’s founding member must be a Vietnamese citizen;
d) They have contributed assets to establish the fund as prescribed in Article 14 hereof;
dd) If a founding member is subject to the management of a competent authority, a written approval from such competent authority must be obtained according to regulations on management of officials before submitting an application for establishment license and acknowledgment of the fund’s charter to the competent authority as prescribed in Article 18 hereof.
Due to having criminal convictions, you cannot be a founding member. You should wait until the criminal conviction is cleared to be able to set up a charity fund.
In Vietnam, what does a charity fund's application include?
Pursuant to Clause 2, Article 15 of Decree 93/2019/ND-CP:
An application for fund establishment comprises:
a) An application form for fund establishment;
b) The draft charter of the fund;
c) The written commitment on asset contribution made by the fund’s founding members or documentary evidences of assets contributed to the fund as prescribed in Article 14 hereof;
d) CVs and criminal records of members of the fund founding board and documents prescribed in Article 11, Article 12 or Article 13 hereof. If a founding member is subject to the management of a competent authority, a written approval from such competent authority must be submitted according to regulations on management of officials;
dd) Documents indicating the appointment of title holders of the fund founding board;
e) Documents certifying the planned head office of the fund.
