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Circular No. 41/2022/TT-BTC of the Ministry of Finance guiding the accounting regime applied to social and charity activities

  • Perform: Ths.LS. Le Hai Yen (Translator: Linh Chi)
  • 17/08/2022

This Circular, issued on July 5, 2022, includes the following significant contents:

* Principles and requirements for accounting for social and charity activities:

All organizations, agencies, units, and individuals that have activities related to mobilizing, receiving, distributing and using voluntary contributions to carry out social and charitable activities must open a book to fully record arising economic operations, make reports and transparent information according to the provisions of this Circular and relevant laws.

The content of the Circular's specific provisions is divided into three groups of subjects:

- Organizations, agencies, and units have their accounting organization for charity activities;

- Organizations, agencies, and units do not organize separate accounting for charity activities

- Subjects are individuals with social and charitable activities.

i) For organizations, agencies, and units that have their accounting organization for charitable activities:

The Circular undoubtedly guides the contents of accounting vouchers, accounts, books and financial statements. In which:

- Accounting accounts reflect regularly, continuously, and systematically the assets situation, capital sources, and liabilities; amounts for receiving and using funds received from grants, contributions from organizations and individuals, funding from the state budget and other funding sources; results of operations and other economic transactions arising at the units;

- The unit must open accounting books to record, systemize and keep all arising economic and financial transactions related to the accounting unit. The preservation and archiving of accounting books comply with the provisions of the law on accounting, relevant documents and this Circular.

- Each unit only uses one accounting book system for an annual accounting period, including general accounting books and detailed accounting books.

- Regarding financial statements:

+ The unit must prepare a financial statement at the end of the annual accounting period following the Law on Accounting and must submit it to a competent state agency within 90 days from the end of the annual accounting period according to the provisions of the Law on Accounting. provisions of law.

+ Financial statements must be disclosed following the law (according to Decree 93/2019/ND-CP dated November 25, 2019, of the Government).

ii) For organizations, agencies and units that do not hold separate accounting for charity activities.

The circular requires:

- Organizations, agencies, and units that mobilize, receive, distribute and use voluntary contributions to carry out social and charity activities without having their separate accounting are recorded on the same system. the unit's accounting books according to the current accounting regime that the unit is applying; Open a detailed book to separately monitor revenues and expenditures for these activities.

- For cash grants:

 The circular clearly instructs:

+ The unit must keep a full record of the amount received according to the actual time of contribution, detailed by the donor.

+ The unit must open a separate account at a bank or treasury to receive, distribute and use donations to carry out social and charity activities, not to use the same account with other units’ activities.

+ For the distribution and use of donations to carry out social and charity activities, all information must be recorded in the accounting books, including Time spent, spending decisions, spending contents, name and address of the grantee.

- For the grant in kind:

The unit must fully record the number of donations received; and the distribution of these items based on lists and vouchers signed by the recipient and certified by the responsible unit in the locality as prescribed by law. In case the value cannot be determined, a separate detailed accounting book shall be opened to make a report.

- Responsible for reporting and disclosing data. The circular requires:

Every year or at the end of the campaign, the unit must make a report on revenue and expenditure for social and charity activities according to the form specified in the Appendix attached to this Circular and send it to the relevant units in accordance with regulations. In addition, the unit must publicize data related to the campaign, receipt, distribution and use of voluntary contributions under the law (Law on Accounting; Decree No. 93/2021/ND-CP dated October 27, 2021).

iii) For individuals who mobilize, receive, distribute and use voluntary contributions to carry out social and charitable activities (“individual campaigners”), the Circular stipulates:

- Individual campaigners must open books to record amounts received voluntary contributions from donors; the amounts distributed and used from this source to carry out social and charity activities accurately, and honestly, ensuring publicity and transparency.

The bookkeeping must be done right after starting the activities of mobilizing, receiving and distributing donations to carry out social and charity activities. Recorded data must be continuous in chronological order and fully reflect the information required to disclose data;...

- At the end of the campaign, receiving and distributing donations to carry out individual social and charitable activities, the campaigner must close the book, then add all revenue and expenditure figures and calculate unused inventory for reporting and publicizing data under the law…

* For the amount received from sponsors to carry out social and charity activities:

- In case of receiving financial support:

+ Individual campaigners must open a separate account for social and charitable purposes at the bank according to regulations, and not receive money for social or charitable purposes into the same account for personal spending of the individual campaigner.

+ In case of receiving financial support: The individual receiving the donation is responsible for the safekeeping of the received cash; Unused cases can be sent to an account opened specifically for social or charitable purposes at the bank…

The Circular also clearly requires individual campaigners to record the amounts received from donors according to the actual time of contribution, including donor's information (such as name, address, etc.); contribution amount (in which details in Vietnamese currency and foreign currency); time to receive contributions; address to receive support (if the donor specifies an address to receive support) ...according to the form in the Appendix issued with this Circular.

- In case of receiving sponsorship in kind:

The circular states:

+ When receiving donations in kind, individual campaigners must be responsible for the safe preservation and timely distribution of the in-kind items to addresses in need of support.

- Separately open the "Collection of In-kind Sponsorship Data", in which the full number of donor materials including date of receipt, name and address of the contributor, type of item, number of receipts, and designated support address (if applicable) in accordance with the attached Annex to this Circular

+  For amounts distributed and used from voluntary contributions to social activities: Must be recorded in full, including Time of support, name and address of the recipient, type of support including cash, in-kind (clearly identified as the type of goods supported) or person's signature. receipt in the form of General Register specified in the Annex attached to this Circular…

Particularly for expenditures for the purchase of goods, in kind for sponsorship or procurement of supplies, etc. to pay for the construction and repair of works shall be in full force with valid and legal purchase and purchase certificates under the law.

- Regarding reports: at the end of each campaign, individual campaigners must make a report on revenue and expenditure and publicize the data according to the provisions of Decree No. 93/2021/ND-CP dated October 27, 2021, of the Government

This Circular takes effect from September 1, 2022.

Circular No. 103/2018/TT-BTC dated November 14, 2018, of the Ministry of Finance on accounting guidelines applied to the Fund “For the Poor” expires from January 1, 2023.

For details, please see:
https://thuvienphapluat.vn/van-ban/Ke-toan-Kiem-toan/Thong-tu-41-2022-TT-BTC-huong-dan-che-do-ke-toan-hoat-dong-xa-hoi-tu-thien-499976.aspx?newsid=41548&ui=09RVMk1UUXpPQTTV&pi=09pBeU1pMHdOeTB5TmkweE1TMDBPUTTW&ci=257622879