Quyết định 12/2008/QD-BXD

DECISION

PROMULGATING THE REGULATION ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) OF THE MINISTRY OF CONSTRUCTION

THE MINISTER OF CONSTRUCTION

Pursuant to the Government's Decree No. 17/ 2008/ND-CP of February 4, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Construction;
At the proposal of the director of the International Cooperation Department and the director of the Legal Department,

DECIDES:

Article 1.- To promulgate together with this Decision the Regulation on management and use of official development assistance (ODA) of the Ministry of Construction.

Article 2.- This Decision replaces Decision No. 24/2006/QD-BXD of August 21,2006, and takes effect 15 days after its publication in "CONG BAO."

Article 3.- The director of the International Cooperation Department, the director of the Legal Department, the director of the Ministry's Office, and heads of units under the Ministry of Construction shall implement this Decision.

REGULATION

ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) OF THE MINISTRY OF CONSTRUCTION
(Promulgated together with the Construction Minister's Decision No. 12/2008/QD-BXD of September 26, 2008)

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope and subjects of application

1. This Regulation governs the management and use of official development assistance (including non-refundable aid and concessional loans granted by international donors, which are below collectively referred to as ODA).

2. This Regulation applies to all units under the Ministry of Construction involved in ODA management and use.

3. The management and use or ODA of the

Ministry of Construction must concurrently comply with the State's current regulations on ODA management and use.

Article 2.- Basic principles of mobilization, receipt, management and use of ODA of the Ministry of Construction

ODA mobilization, receipt, management and use must adhere to the following principles:

1. Units, organizations and individuals under the Ministry are encouraged to proactively and actively participate, within the ambit of their functions and tasks, in mobilizing and attracting ODA projects to serve the construction sector's state management tasks and enterprises' production and business activities;

2. ODA receipt, management and use must be associated with raising ODA use efficiency and repayment capability and suitable to the ODA-receiving capability of implementing units;

3. ODA programs and projects must be received, managed and used in accordance with law to support the achievement of the Government's socio-economic development objectives and the construction sector's development objectives;

4. Clearly defining responsibilities, ensuring close collaboration among and promoting autonomy of ODA program- and project-implementing units;

5. The Ministry of Construction shall uniformly manage ODA programs and projects implemented by its units.

Chapter II

LISTING AND MOBILIZATION OF ODA PROGRAMS AND PROJECTS

Article 3.- The construction sector's domains in which ODA use is prioritized

1. Non-refundable ODA shall be prioritized for programs and projects in the following domains

a/ Strategies and orientations for the construction sector development;

b/ Enhancing the Construction Ministry's state management capacity and supporting administrative reform; building institutional capacity (organization, training, human resource development; elaboration of legal documents);

c/ Urban planning and development; urban upgrading;

d/ Programs and projects in the domains of wastewater treatment, solid waste treatment, environmental sanitation, water supply and drainage; and large-scale programs and projects with slow capital recovery;

e/ Management of houses and the real estate market, and houses for low-income earners;

f/ Supporting new technology research and transfer;

g/ Other domains as decided by the Minister of Construction.

Article 4.- Making of lists of ODA programs and projects

1. Proposal of ODA programs and projects:

Annually, based on the construction sector's development planning and plans and their functions and tasks, units under the Ministry of Construction (including all departments and bureaus, enterprises and administrative and nonbusiness units) shall take the initiative in proposing lists of programs and projects in need of ODA mobilization and attraction, enclosed with their outlines, then send these lists to the International Cooperation Department, the Planning-Finance Department and specialized departments for sum-up and mobilization of financial supports.

2. Selection of ODA programs and projects:

The International Cooperation Department shall assume the prime responsibility for, and coordinate with the Planning-Finance Department and specialized departments in, summing up lists of ODA programs and projects and reporting them to the Ministry's leaders for consideration and sending of written requests for ODA to the Ministry of Planning and Investment.

Article 5.- ODA mobilization

The International Cooperation Department shall act as the focal point to collaborate with the Planning-Finance Department, specialized departments and units under the Ministry in mobilizing ODA on the basis of:

a/The construction sector's domains in which ODA use is prioritized;

b/ List of priority ODA programs and projects, already approved by competent authorities;

c/ The construction sector's priority areas of bilateral and multilateral donors;

d/ Unplanned projects outside the approved list of projects of the Ministry's units in need of ODA.

Chapter III

PREPARATION, EVALUATION AND APPROVAL OF ODA PROGRAMS AND PROJECTS

Article 6.- Preparation of programs and projects

1. After receiving the notice of the Prime Minister's approval of the list of ODA programs and projects, the International Cooperation Department shall collaborate with the Organization and Personnel Department, the Planning-Finance Department and specialized departments in proposing project owners to the Minister of Construction for decision.

2. Tasks of project owners in preparing contents of programs and projects on the official ODA-funding list:

a/ Preparation of investment projects:

- For projects of national importance: Project owners shall abide by current legal provisions applicable to projects of national importance:

- For other projects: Project owners shall select consultants to formulate investment projects; inspect, assess, and take full responsibility for, project dossiers submitted for approval; consult concerned ministries, branches and localities for finalization of projects; submit projects to competent agencies for evaluation and decision on their investment:

In case donors assist the Vietnamese side in preparing investment projects through technical assistance projects, projects owners shall, apart from complying with the above provisions, abide by the agreements in technical assistance documents on the principles specified in Clause 5, Article 2 of Decree No. 131/2006/ND-CP promulgating the Regulation on ODA management and use.

b/ Preparation of programs:

- Projects owners shall formulate ODA-funded programs; inspect, assess, and take full responsibility for, contents of the programs, and consult ministries, branches, localities and other stakeholders involved in, or benefiting from, the programs;

- Project owners shall reach agreement with donors on the contents of program documents and carry out the process of and procedures for evaluation and approval of programs in accordance with Article 19 of Decree No. 131.

c/ Preparation of technical assistance projects:

- Project owners shall themselves, or with the assistance of donors, make documents of technical assistance projects; consult concerned agencies, especially line agencies, on contents of technical assistance programs or projects;

- Project owners shall reach agreement with donors on the contents of documents of technical assistance projects and submit the project documents to competent agencies for evaluation and approval.

Article 7.- Appraisal and approval of ODA programs and projects

1. With regard to programs and projects to be approved by the Prime Minister: The Planning-Finance Department shall act as the focal point to collaborate with project owners, the International Cooperation Department specialized departments and concerned units in working with the Ministry of Planning and Investment - the agency in charge of evaluation, and concerned ministries and branches. Specialized departments shall take main responsibility for professional matters in the process of evaluation.

2. With regard to.programs and projects to be approved by the Minister of Construction: The Planning-Finance Department shall act as the sole body to organize the evaluation of projects and collaborate with specialized departments (in evaluating professional matters) in evaluating cost estimates, then synthesize evaluation results and submit programs and projects to the Minister of Construction for approval and, at the same time, notify the Ministry of Planning and Investment according to regulations; the International Cooperation Department shall notify donors.

Chapter IV

NEGOTIATION AND CONCLUSION OF ODA TREATIES

Article 8.- Negotiation and conclusion of framework ODA treaties

The International Cooperation Depanment shall assume the prime responsibility for, and coordinate with the Planning-Finance Depanment and concerned units in, preparing contents of. and joining the Ministry of Planning and Investment in negotiating and concluding with donors, framework ODA treaties.

For ODA amounts granted by donors under single programs or projects which are not included in any plan or for which no framework ODA treaty is concluded, the International Cooperation Department shall assume the prime responsibility for, and collaborate with the Planning-Finance Department and specialized departments in, working with the Ministry of Planning and Investment to submit documents on these amounts to the Prime Minister for consideration and additional approval.

Article 9.- Negotiation and conclusion of specific ODA treaties

1. With regard to projects to be approved and concluded by the Prime Minister; projects with international financial institutions and loan projects: The International Cooperation Department shall act as the focal point to collaborate with project owners, the Planning-Finance Department, specialized departments and concerned units in negotiating with donors. Upon finishing negotiation, the International Cooperation Depanment shall propose in writing the Ministry of Planning and Investment, the State Bank (for projects with international financial institutions such as WB, IMF and ADB), or the Ministry of Finance (for loan projects) to submit specific ODA treaties to the Government for conclusion.

2. With regard to projects to be approved and concluded by the Minister of Construction: The International Cooperation Department shall assume the prime responsibility for, and collaborate with project owners, the Planning-Finance Department, specialized departments and concerned units in, negotiating with donors. Upon finishing negotiation, the International Cooperation Department shall prepare and submit specific ODA treaties to the Government for conclusion.

Article 10.- Archive of concluded documents

1. With regard to treaties concluded by the Ministry of Construction under the Government's authorization, their originals shall be archived at the Ministry of Foreign Affairs while their copies shall be kept at the Construction Ministry's Office and sent to the International Cooperation Department, the Planning-Finance Department, specialized departments, project owners and project preparation boards for implementation.

2. With regard to treaties concluded by the Ministry of Construction:

a/ Their originals shall be archived at the Ministry's Office:

b/ The Ministry's Office shall make copies thereof and send them to concerned units for implementation.

3. Upon completion of programs or projects, project owners shall archive all dossiers and documents of these programs or projects.

Chapter V

MANAGEMENT OF IMPLEMENTATION OF ODA PROGRAMS AND PROJECTS

Article 11.- Assignment of responsibilities

1. The International Cooperation Department shall:

a/ Assume the prime responsibility for. and collaborate with concerned units in. working out annual plans to mobilize and attract ODA in line with the construction sector's development strategy and donors' priority areas;

b/ Notify the Prime Minister-approved official lists of ODA programs and projects to program-or project-proposing units for preparing subsequent contents;

c/ Assume the prime responsibility for, and collaborate with concerned units in. guiding project owners to prepare project documents;

d/ Act as the focal point to manage and monitor the whole process of implementing the construction sector's ODA programs and projects and the Ministry's projects;

e/ Act as the focal point to coordinate with the Planning-Finance Department and specialized departments in. guiding and supporting project management units (set up under the Ministry's decisions) to review and update the overall plan, on implementation of ODA programs and projects;

f/ Regularly or irregularly inspect project management units under the Construction Minister's direction;

g/ Monitor and sum up the implementation of ODA programs and projects, make regular (biannual and annual) review reports, reports on assessment of the efficiency of programs and projects, and irregular reports upon request, then send them to the Ministry of Planning and Investment and the Ministry of Finance according to regulations;

h/ Make monthly reports on the implementation, fund disbursement progress and problems of programs and projects and send these reports to the Planning-Finance Department for incorporation into the Ministry's reports on the production, business and investment situation.

2. The Planning-Finance Department shall:

a/ Provide project owners with guidance on economic issues, investment phasing, project efficiency and the Vietnamese side's contributions (domestic capital), and consider the reasonableness of expenses financed by foreign donors in the course of drafting project documents;

b/ Act as the focal point to guide planning, investment and financial operations and sum up annual budget plans of programs and projects, then send them to the Ministry of Planning and investment and the Ministry of Finance according to regulations;

c/ Act as the focal point to evaluate projects falling within the Ministry's competence;

d/ Allocate domestic capital for project implementation and guide project management units in using such capital according to regulations;

e/ Assume the prime responsibility for. and collaborate with specialized departments, the International Cooperation Department and concerned departments in. evaluating bidding dossiers and bidding results of contractors participating in programs and projects managed by the Ministry of Construction;

f/ Guide project management units to elaborate financial management regulations and expense norms for ODA programs and projects;

g/ Guide project management units to work out financial and disbursement plans, accounting regulations and financial statements, then submit them to the Ministry of Construction and the Ministry of Finance according to approved contents;

h/ Evaluate and submit cost estimates and financial settlement reports of programs and projects to the Minister of Construction for approval;

i/ Guide the management of project assets and outcomes and transfer them to managing and using units according to regulations.

3. The Organization and Personnel Department shall:

a/ Assume the prime responsibility for. and collaborate with the International Cooperation Department and concerned departments in, proposing and submitting project owners, project steering committees, project management units and project directors to the Minister of Construction for decision;

b/ Assisting project management units in selecting staff members to implement programs and projects;

c/ Guide project management units in drafting organization and operation regulations, monitor and inspect the implementation of these regulations.

4. Specialized departments shall:

a/ Provide project owners with guidance on specialized matters in the course of drafting project documents;

b/ Assume the prime responsibility for, or join in. evaluating programs and projects as assigned by the Minister of Construction;

c/ Join in evaluating bidding dossiers and bidding results of programs and projects;

d/ Assume the prime responsibility for monitoring and directing the implementation of ODA programs and projects in relevant specialized domains.

5. Functional departments shall collaborate with and support project management units and project owners according to their assigned functions and tasks.

Article 12.- Organizational apparatuses for program and project implementation

1. Program or project steering boards:

a/ A program or project steering board shall be set up upon request, based on the contents or size of. or agreement with donors on. each program or project. Its head may be a vice minister or the head of a concerned unit. Its members include representatives of concerned ministries, branches, localities and units, and of donors (if any).

b/ Program or project steering boards have the following major tasks:

- To set guidelines and plans on coordinated implementation of programs or projects:

- To decide on major measures to ensure the successful implementation of programs or projects:

- To direct the inspection, supervision preliminary and final review of programs or projects',

- To consider and adjust contents of programs or projects when necessary;

- Other tasks specified in project documents or their establishment decisions.

2. Project owners:

a/ In case the Ministry of Construction is the owner of an ODA program or project, the Minister of Construction shall assign to a project management unit or a unit under the Ministry to act as the project owner;

b/ Project owners shall directly manage and use ODA and domestic capital (if any) for program or project implementation and take responsibility before the Minister of Construction and law for the progress, quality and efficiency of programs and projects.

3. Project management units:

a/ Project management units shall be set up under decisions of the Minister of Construction or project owners to manage the implementation of one or more than one program or project;

b/ Project management units have the following major tasks:

- To select sufficient and capable staff members to meet the requirements of programs and projects;

- To work out (monthly, quarterly, annual and long-term) activity plans and prepare budget estimates for programs and projects and submit them to competent authorities for approval;

- To devise plans on and carry out procedures for the withdrawal of domestic and foreign capital according to the progress of programs and projects;

- To send regular or irregular (upon request) reports to concerned ministries and branches and donors as prescribed and agreed with donors;

- To assume the prime responsibility for selecting domestic and foreign experts to work for projects according to plans of programs and projects;

- To organize bidding for the selection of consultants and construction contractors and the procurement of equipment for projects as prescribed by the State and agreed with donors;

- To monitor and urge the implementation of activities of programs and projects;

- To manage experts working for programs and projects;

- To supervise and assess the implementation progress of programs and projects and review the implementation of projects periodically and upon the completion of programs and projects; to report implementation results to the Ministry of Construction and donors;

- Other tasks specified in project documents or their establishment decisions.

c/ A project management unit is composed of the director (or head), deputy directors (or deputy heads), the chief accountant and assisting professional officers.

The authority which has decided to set up a project management unit shall decide to appoint or relieve from office the titles of director (or head), deputy director (or deputy head) and chief accountant of such project management unit.

d/ The director (or head) shall lead the project management unit and take responsibility before the project owner, the Minister of Construction and law for all activities of the project management unit and all matters related to the management of program or project implementation which fall within the project management unit's responsibilities.

Chapter VI

MONITORING, EVALUATION, CHECK AND HANDOVER OF PROGRAMS AND PROJECTS

Article 13.- Regulations on reporting, monitoring and evaluation

Project management units shall monitor and evaluate ODA programs and projects according to plans indicated in program and project documents; organize regular or irregular review meetings between concerned parties; make implementation and completion reports, and organize final reviews of programs and projects according to current regulations.

Project management units shall send regular, irregular and wrap-up reports to concerned agencies according to regulations; for projects under the Ministry of Construction, to the International Cooperation Department, the Planning-Finance Department and specialized departments.

Article 14.- Check and handover of program and project outcomes

1. Project owners shall organize the check, exploitation and use of program and project outcomes and take measures to sustain and promote such outcomes.

2. The Planning-Finance Department shall assume the prime responsibility for, and collaborate with the International Cooperation Department, specialized departments and concerned units in, organizing the check, handover, financial settlement and asset management of programs and projects.

Chapter VII

ORGANIZATION OF IMPLEMENTATION

Article 15.- Guidance, inspection and implementation responsibilities

1. The International Cooperation Department shall assume the prime responsibility for guiding and inspecting the implementation of this Regulation.

2. The Construction Ministry's functional units shall guide the contents which fall within their functions and tasks according to this Regulation.

3. The Construction Ministry's units, project owners, project management units and concerned organizations and individuals shall implement this Regulation.

Article 16.- Implementation effect

This Regulation takes effect on the date of its promulgation and replaces the Construction Ministry's previous regulations on ODA management and use.

Problems or difficulties arising in the course of implementation should be promptly reported to the Ministry of Construction for consideration and settlement.