Nghị định 38/2013/ND-CP

Decree No. 38/2013/ND-CP of April 23, 2013, on management and use of official development assistance (ODA) and concessional loans of donors

Decree No. 38/2013/ND-CP on management and use of official development assistanc đã được thay thế bởi Decree No. 16/2016/ND-CP use of official development assistance concessional loans granted by foreign sponsors và được áp dụng kể từ ngày 02/05/2016.

Nội dung toàn văn Decree No. 38/2013/ND-CP on management and use of official development assistanc


THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 38/2013/ND-CP

Hanoi, April 23, 2013

 

DECREE

ON MANAGEMENT AND UTILIZATION OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) AND CONCESSIONAL LOANS FROM DONORS

Pursuant to the Law on Government organization, of December 25, 2001;

Pursuant to the Law on State budget, of December 16, 2002;

Pursuant to the Law on Construction, of November 26, 2003;

Pursuant to the Law on Conclusion, Accession to and Implementation of international treaties, of June 14, 2005;

Pursuant to the Law on investment, of November 29, 2005;

Pursuant to the Procurement Law, of November 29, 2005;

Pursuant to the Law on Public Debt Management, of June 17, 2009;

Pursuant to the Law amending and supplementing a number of articles in the laws relating  to  investment  of  capital construction, of June 19, 2009;

At the proposal of the Minister of Planning and Investment;

The Government promulgates the Decree on management and utilization of official development assistance (ODA) and concessional loans from donors,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree regulates the management and utilization of official development assistance (ODA) and concessional loans provided by foreign governments, international organizations and inter-state or inter-governmental organizations (below collectively referred to as donors) to the State or Government of the Socialist Republic of Vietnam.

Article 2. Entities of application

The entities of application are all agencies, organizations, individuals participating or involving in the activities under scope of governance of this Decree.

Article 3. Forms of provision of ODA and concessional loans

1. ODA consists of ODA non-refundable aid and ODA loan:

a. ODA non-refundable aid is a form of provision of ODA that does not require refunding to the donor;

b. ODA loan is a form of provision of ODA that requires re-fund to the donor under concessional conditions in terms of interest rate, grace period and debt-payment period with the non-refundable element of at least 35% for the value of tied loans or 25% for the value of untied loans. The method of calculating non-refundable element is specified in the Annex 1 of this Decree.

2. Concessional loan is a form of provision of loan, the borrowing conditions of which is more concessional than commercial loan, but the non-refundable element does not satisfy the criteria for ODA loan as stipulated in point b clause 1 of this Article.

Article 4. Interpretation of terms

In this Decree, the following terms are construed as follows:

1. "Line agencies of ODA program or project" (hereinafter abbreviated to “Line agencies”) mean the central agencies of the Communist Party, the Supreme People's Procuracy, the Supreme People's Court, agencies of National Assembly, the State Audit, the Office of the President, Ministries, ministerial-level agencies, government-attached agencies, People's Committees of provinces and centrally-run cities (hereinafter referred to as “Provincial People's Committees”), central agencies of social and political organizations, of social, political and professional organizations, social and professional organizations that have programs and projects funded by ODA and concessional loans (hereinafter abbreviated to “programs and projects”).

2. "Owner of program or project" (hereinafter abbreviated to as “Project Owner") means the unit assigned by the Line agency the responsibility for management and utilization of ODA, concessional loans and counterpart funds for implementation of program or project.

3. “Project management unit” means unit assigned the responsibility to support its Project Owner to manage and implement program(s) or project(s).

4. “The Steeing Committee of program or project” (hereinafter abbreviated to “The Steering committee”) means a committee that constitutes with composition of competent representatives from the Line agency and other relevant agencies with its mandate of providing directions, coordinating in supervision and governing implementation of program or project. In some neccessary case, on the basis of agreement with the donor(s), the Steering Committee may include the representative(s) from donor(s).

5. “Funding list" means a list of one or many programs, projects and non-project financing amounts proposed for financing from ODA and concessional loans that is approved by Vietnamese competent agencies, agreed to be funded by donor(s), and serves as a basis for the Line agency to coordinate with donors in formulation of document of programs, projects and non-project financing.

6. "Project" means an aggregation of inter-related proposals with the aim to achieve one or several specified objectives and carried out in specific location(s) under a given time frame by using defined resources. Projects include investment projects and technical support projects.

7. "Investment project" means an aggregation of proposals of medium or long-term investment for carrying out investment activities in specific location(s) under a given time frame. Investment projects consist of two types below:

a. Construction investment project means an aggregation of proposals relating to making investment for new construction, expansion or rehabilitation of construction works with the aim to develop, maintain, and improve the quality of construction works, products or services under a given time frame. The construction investment projects are classified by the national important projects and projects under groups of A, B and C as prescribed by law on investment in construction;

b. “Other investment project” is the investment that does not belong to construction investment project type as stipulated in point a of this clause.

8. "Technical assistance project" means an aggregation with the aim of supporting development of capacity and institutions or providing technical inputs for preparation and implementation of programs and projects by providing experts, training, supporting equipment, materials and documentations, study tours and seminars.

9. "Program" means an aggregation of activities or projects that relate to each other and may relate to one or more sectors, fields, geographical areas, various stakeholders to achieve one or several defined objectives, which is performed through one or many stages.

10. "National important program or project" means a program or project that the National Assembly decides investment policy.

11. "Program accompanied with policy framework" means a program that accompanies with conditions on policies and measures to reform the macro-economy, sectors or areas that the Government of the Socialist Republic of Vietnam commits to implement based on a specific road map.

12. Joint program or project" means program or project in which there is one Line agency taking the overall coordinating role and there are other Line agencies that are responsible for component projects.

13. “Global or regional program or project” (hereinafter abbreviated to “regional program or project”) means a program or project funded by ODA and concessional loans for a group of countries in one or many geographical areas, in which has participation of Vietnam, for carrying out cooperation activities for achieving the defined objectives in the shake of parties benefits and the common region or global benefits.

14. “Program or project document" means document that describes the conditions, necessity, objectives, contents, outcomes, key activities, total budget, source and composition of capital, other sources, domestic financial mechanism and organizational modality for implementation and management of program or project. For investment projects, project document is a feasibility study report.

15. “Non-project aid" means a method of provision of ODA and concessional loans that is not in the form of specific project. Non-project aid is provided in-cash, in-kinds, aid for procurement of goods, and experts.

16. “Budget support” means a method of aid provision where ODA and concessional loans are transferred directly to the State budget; managed and utilized in accordance with budget regulations and procedures of Vietnam and in conformity with the contents agreed with the donors.

17. “Commercial loan” means a loan borrowed with market conditions that are same as conditions of export credits or mobilized in the international capital market.

18. Untied ODA and concessional loans" mean ODA and concessional loans that are provided without tied conditions related to the supply and procurement of goods and services from a restricted number of suppliers or countries under regulations of donors.

19. Tied ODA and concessional loans" mean ODA and concessional loans that are provided with tied conditions related to the supply and procurement of goods and services from a restricted number of suppliers or countries under regulation of donors.

20. “International treaty on ODA and concessional loan" means a written agreement signed in the name of the State or the Government of the Socialist Republic of Vietnam with one or many donors on issues relating to ODA and concessional loans. International treaties on ODA and concessional loans include:

a. "Framework international treaty on ODA and concessional loans" means an international agreement on ODA and concessional loans with commitments to common principles and conditions containing contents related to the strategies, policies, cooperation framework, priority orientations in providing and utilizing ODA and concessional loans; on the areas, programs and projects that are agreed to be financed; on framework conditions and commitments on provision of ODA and concessional loan to programs and projects for one or many years; on the procedural principles, plans for the management and implementation of programs and projects;

b. "Specific international treaty on ODA and concessional loans" means an international agreement on ODA and concessional loans with financial commitments to specific programs and projects or to budget support and containing main contents on objectives, activities and outcomes to be achieved, implementation plans, financing conditions, capital, capital structure, obligations, powers and responsibilities of each party, principles and standards to be complied with in the management and implementation of programs and projects, disbursement and payment conditions of loans for the programs and projects.

21. "Counterpart fund" means contribution made by the Vietnamese party in kinds and/or money for preparation and implementation of programs and projects and allocated from central and/or local State budget, self-arranged by the project owners, contributed by beneficiaries and other counterpart resources.

22. "The private sector” in this Decree is construed as the non-State economic sector.

Article 5. Modalities of provision of ODA and preferential loans

The modalities of provision of ODA and preferential loans include:

1. Budget support.

2. Program support

3. Project support.

4. Non-project aid.

Article 6. Basic principles of management and utilization of ODA and concessional loans

1. ODA and concessional loans constitute a source of capital in the state budget which are used for the implementation of prioritized objectives of socio-economic development of the country and are reflected in the State budget in accordance with law.

2. The Government performs the unified state management of ODA and concessional loans on the basis of decentralization in accompany with responsibilities, powers, management capacity and pro-activeness of sectors and levels; ensuring close coordination in management, inspection and supervision of relevant agencies.

3. The mobilization, management and utilization of ODA and concessional loans must be considered, balanced and selected in the overall funds for development investment for achieving the highest socio-economic effectiveness with sustainable manner, ensure the principles of equality and fairness, capital absorption capacity, debt re-payment capability and the safety of public debts, in which prioritize to use concessional loans for programs and projects that can refund directly.

4. Ensuring openness, transparency and accountability in provision of ODA and concessional loans and in utilization of these resources.

5. Creating favourable conditions for private sector to access to ODA and concessional loans on the basis of sharing of benefits and risks between the state and the private sector.

6. Ensuring the consistency and synchronization among Vietnamese legal documents and the harmonization in process and procedures with donors for ODA and concessional loans.

7. Compliance with Vietnamese existing laws and regulations and international treaties on ODA and concessional loans that the Government or the State of Socialist Republic of Vietnam is a member. If there is a discrepancy between any provision in the signed international treaties and Vietnamese laws and regulations relating to a same matter, the provisions in such international treaties shall take precedence.

Article 7. Priority areas for utilization of ODA and concessional loans

1. Construction of synchronized, large-scale and modern economic infrastructure system, including transport infrastructure (roads, railways, airports, seaports and internal waterways); urban infrastructure (urban transport, water supply and drainage systems, environment and sanitation,  power supply infrastructure); information technology and communication infrastructure; energy infrastructure (with priority to development of renewable and new energy); irrigation and dyke infrastructures.

2. Development of social infrastructure, including culture, healthcare, education and training, vocational training, social security, poverty reduction, population and development.

3. Development of science and high technology, upstream technologies; development of science and technology in some prioritized and concentrated areas, intellectual economy and high quality human resource.

4. Rural and agriculture Development, including the restructuring and developing agricultural economy, socio-economic rural infrastructure, building new rural areas.

5. Strengthening institutional capacity and administrative reform.

6. Environmental protection and natural resources conservation, mitigation of natural diaster, reponse to climate change, sustainable development and green growth.

7. Promoting trade and investment, banking and financing, tourism and several sectors in production and business to enhance the competitiveness of the economy.

8. Supporting the implementation of national target programs.

9. A number of other priority sectors and areas under decisions of the Prime Minister.

Article 8. The process of mobilization, management and utilization of ODA and concessional loans

1. Formulation and approval of funding list.

2. Preparation, appraisal, approval of program or project documents.

3. Conclusion of International treaties on ODA and concessional loans.

4. Organization of implementation of programs and projects.

5. Supervision and evaluation of programs and projects.

Article 9. Private sector takes access to ODA and concessional loans 

1. Private sector shall take access to ODA and concessional loans by the following modalities:

a. Borrowing loans from the system of domestic financial and credit organizations through programs and projects of which credit limits or credit components are funded by ODA and concessional loans to implement activities in conformity with International treaties on these funds and in compliance to the lending procedure of financial and credit organizations;

b. Participating in implementation of programs and projects in the sectors and areas prioritized in utilization of ODA and concessional loans of Goverment under the form of on-lending from the State budget;

c. Participating in implementation of programs and projects under modality of public-private partner, to which the Government contributes in the form of ODA and concessional loans;

d. Participating in plementation of programs and projects having objective of supporting private sector managed by the Line agencies of programs and projects.

2. Conditions for private sector on receiving ODA and concessional loans:

a. Capacity for organization and management of implementation of programs and projects of project owner must be certified by the Line agencies of programs and projects or by the re-lending agencies;

b. With regard to case of re-borrowing the ODA and concessional loans: financial plan of programs and projects and financial capacity of the project owners must be appraised in accordance with regulations of existing legislations and guidance of the Ministry of Finance.

Article 10. Domestic financial mechanisms for utilization of ODA and concessional loans

Domestic financial mechanisms for utilization of ODA and concessional loans of programs and projects are implemented as follows:

1. Granted from the State budget: This mechanism applies to programs and projects on investment in infrastructure, social welfare and other areas that are not able to refund directly and belong to the expenditure tasks of the State budget stipulated in the State budget Law.

2. Totally or partially on-lended from the State budget: This mechanism applies to the following cases:

a. Programs and projects those are able to refund totally or partially;

b. Programs and projects that do not belong to the expenditure tasks of the State budget;

c. Programs and projects of those the Line agencies are provincial People’s Committees that are subject to application of on-lending of ODA and concessional loans from the Government.

3. In each specific case, the Government shall on-lend ODA and concessional loans to provincial People’s Committees with regards to programs and projects that fall in expenditure tasks of local budget, provincial People’s Committees shall arrange local budget to return their borrowing to the Government.

Chapter 2.

FORMULATION AND APPROVAL OF THE FUNDING LIST

Article 11. Basis of mobilization of ODA and concessional loan 

Mobilization of ODA and concessional loans shall be carried out on the basis of:

1. The socio-economic development strategies, master plans and plans of country, sectors, regions and localities.

2. The national strategies of public and foreign debts during 2011 – 2020 and vision till 2030.

3. Orientation outline on mobilization, management and utilization of ODA and concessional loans in each given period.

4. National objective programs and objective programs of sectors and localities.

5. Programs, strategies and orientations on cooperation between Vietnam and donors.

Article 12. Responsibility for mobilization of ODA and concessional loans

1. The Ministry of Planning and Investment shall be responsible for organizing mobilization of ODA and concessional loans at national, cross-sector, inter-local levels.

2. Ministries, sectors shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and other relevant agencies to organize mobilization of ODA and concessional loans at sectoral level.

3. The provincial People’s Committees shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment and other relevant agencies to organize mobilization of ODA and concessional loans at local level.

4. The representative agencies or missions of Vietnam in overseas or at international organizations shall coordinate with the Ministry of Planning and Investment and the Ministry of Foreign Affairs in carrying out mobilization of ODA and concessional loans in the hosting countries or at the international organizations.

Article 13. Formulation and approval of the funding list

1. Based on the basis for mobilization of ODA and concessional loans specified in Article 11 of this Decree, the Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance, other relevant agencies and each donor in formulation of coorperation orientations and areas prioritized for utilization of ODA and concessional loans, and report them to the Prime Minister.

2. On the basis of cooperation orientations and areas prioritized for utilization of ODA and concessional loans, demands of mobilization of ODA and concessional loans of the Line agencies, conditions for provision of ODA and concessional loans from donors, the Line agencies shall send Official Dispatch requesting for funding together with proposals on programs and projects, to the Ministry of Planning and Investment.

Based on the cooperation orientations with donors and areas prioritized for utilization of ODA and concessional loans of the Government, the Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance and other relevant agencies to select suitable proposals on programs and projects and notify the Line agencies in order to formulate the Outlines of programs and projects. Expenses for formulating Outlines of programs and projects are covered from funds of the Line agencies, own capital of the project owners (if any) and other lawfull funds. For agencies allocated from the State budget, expenses for formulating Outlines of programs and projects are allocated from the State budget or support from the ODA non-refundable aid.

3. For the funding list under approval competence of the Prime Minister specified in clause 1 Article 14 of this Decree:

a. The Line agencies shall send a official dispatch to the Ministry of Planning and Investment in order to submit to the Prime Minister for approval for the funding list together with Program and project Outline and documents on ability to arrange ODA and concessional loans from donors;

b. Based on the request official dispatch of the Line agency, within 05 working days, the Ministry of Planning and Investment shall send a official dispatch to consult the Ministry of Finance and relevant agencies for Program and project Outline. Within 15 working days after receiving official dispatch requesting for consulting of the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies shall send written advices to the Ministry of Planning and Investment.

Based on provision in Article 10 of this Decree, the Ministry of Planning and Investment shall have opinion on the domestic financial mechanism principle applicable to programs and projects using the ODA non-refundable aid; the Ministry of Finance shall have opinion on the domestic financial mechanism principle applicable to programs and projects using the ODA and concessional loans;

c. Within 15 working days after receiving written advices of agencies, the Ministry of Planning and Investment shall notify the Line agencies to coordinate with donors in completing Program and project Outline. On the basis of completed program and project Outline, the Ministry of Planning and Investment shall submit to the Prime Minister for consideration and approval for the funding list.

Within 05 days after receiving Decision on approval of the funding list of the Prime Minister, the Ministry of Planning and Investment shall send a written notice on the funding list and enclosed with Program and project Outline to donors;

4. For the funding list under approval competence of the Line agencies specified in clause 2 Article 14 of this Decree:

a. The Line agencies shall send a official dispatch, enclosed with Program and project Outline and documents on ability to arrange ODA non-refundable aid of donors;

b. Within 10 working days after receiving official dispatch requesting for consulting, the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies shall send written advices to the management agencies.

Based on provision in Article 10 of this Decree, the Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance to have opinion on the domestic financial mechanism applicable to the proposed programs and projects;

c. Within 10 working days after receiving written advices of agencies, the Line agencies shall coordinate with the Ministry of Planning and Investment and donors in completing Program and project Outline and consider to decide on approval of the funding list.

Within 05 working days after the funding list is approved, the Line agencies shall send Decision on approving the funding list and enclosed with Outline on project program to the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies for monitoring and general summarization; and send a written notice on the funding list enclosed with the Program and project Outline to donors.

Article 14. Authority of approval for the funding list

1. The Prime Minister shall approve the funding list in the following cases:

a. Programs and projects funded by ODA and concessional loans; non-project aid funded by ODA loans;

b. The joint programs and projects; programs and projects that accompany with policy framework; programs and projects in areas of security, national defense, religion;

c. The ODA non-refundable aid with the size of funding equivalent to 1 million USD onward;

d. The technical assistance to preparation of programs and projects funded by ODA and concessional loans;

e. Aid for procurement of commodities under the management of State.

2. The Line agencies shall approve the funding list with regards to the cases that are not specified in clause 1 of this Article.

Article 15. Participation of regional programs and projects

1. The Line agencies shall send a written request to the Ministry of Planning and Investment, together with documents of regional programs and projects, in which clearly state rights and obligations of participants. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with relevant agencies to submit to the Prime Minister for consideration and decision on Vietnam’s participation.

2. In the case where the Line agencies of regional programs and projects are not defined, the Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with other relevant agencies to submit to the Prime Minister for consideration and decision on Vietnam’s participation and appointment of the Line agencies for these programs and projects.

Article 16. Program or project Outline and non-project aid Outline

1. Program or project Outline is a document that describes generally the conditions, necessity, objectives, contents, outcomes, major activities, estimated total budget, sources of funding, capital structure, proposals for domestic financial mechanisms and modalities of organization and management of implementation of program or project. The form of the outline of a program or project is specified in the Annex IIa of this Decree.

2. Non-project aid Outline is a document that describes generally the aid that is not provided in the form of a specific project and provided in-kinds, in-cash or by provision of experts. The form of non-project aid outline is specified in the Annex IIb of this Decree.

Article 17. Advance activities

In necessary case and on the basis of agreement with the donors, the Line agencies may propose  advance activities in the process of preparation, preparation for implementation of programs and projects, including:

1. Activities allowed performing after the Program and project Outline is approved by competent agencies:

a. Establishment of the project management unit;

b. Formulation and submission to competent agencies for approval of the resettlement policy framework prior the program or project documents are appraised and approved;

c. Preparation of plans on bidding, bidding materials, bidding documents.

2. Activities allowed to perform in the process since the program or project document is approved by competent agencies untill specific international treaties on ODA and concessional loans of program and projects come into effect, including:

a. Approval of the bidding plan, bidding dossier, organizing tender and approving the tender result, contract negotiation for bidding package of procurement of goods and construction and installment for activities to be performed during first 12 months of programs and projects and a number of bidding packages of consulting services (project management consultants, technical design consultants, supervision consultants, resettlement consultants);

b. Contracts of procurement of goods, construction and installment, consulting services of bidding packages specified in point a of this clause can only be signed after specific International treaties on ODA and concessional loans of programs and projects come into effect.

Article 18. Contents of Decision on approval for the funding list

A decision on approval for the funding list of competent authority shall consist of the following key contents:

1. Name of program, project and donor, co-financing organization.

2. Name of Line agency, project owner.

3. Major objectives and outcomes of program or project.

4. The maximum implementation duration of program or project.

5. The budget limits of program or project (ODA non-refundable aid, ODA loan, concessional loan and counterpart fund).

6. Funding source and domestic financial mechanism of program or project.

7. Advance activities (if any).

Article 19. Amending and supplementing content of decision on approval for the funding list

In process of appraisal, preparation and implementation, if content of program or project has changes in comparison with the Decision on approval for the funding list of competent agencies (except contents that are specified in clause 7 Article 18 of this Decree):

1. With regards to the funding list under approval competence of the Prime Minister: On the basis of agreement with the donors and at proposal of the Line agencies, the Ministry of Planning and Investment shall consult the Ministry of Finance and other relevant agencies, submit to the Prime Minister for consideration and decision on changes.

2. With regards to the funding list under approval competence of the Line agencies: On the basis of consent with donors, the Line agencies shall consult the Ministry of Planning and Investment, the Ministry of Finance and other relevant agencies before considering and approving changes.

In the case where amendments and supplementations to contents of program or project fall beyond their approval competence for the funding list, the Line agencies shall implement as specified in clause 1 of this Article.

Chapter 3.

PREPARATION, APPRAISAL AND APPROVAL OF PROGRAM OR PROJECT DOCUMENTS

Article 20. Tasks of the Line agencies in preparation, appraisal and approval of program or project documents

After having Decision on approving the funding list and written aid commitment of donors, the Line agencies shall undertake the following tasks:

1. Issuing decision on appointment of project owner.

2. Giving instructions to the project owner to perform its assigned tasks as prescribed in Article 21 of this Decree.

3. Allocating resources under their competence for preparation of programs and projects.

4. Organizing the appraisal and approval of program or project documents under their competence as specified in clause 2 Article 24; Articles 25, 26 and 27 of this Decree.

Article 21. Tasks of project owners in preparation, appraisal and approval of program or project documents

The project owners have task to coordinate with the donors in preparation, formulation of program or project documents as prescribed in Articles 22, 23 of this Decree and completing dossiers to do procedures for appraisal and approval of program or project documents as prescribed in Articles 25, 26 and 27 of this Decree.

Article 22. Contents of program or project documents

1. Program or project document shall be formulated on the basis of content of Program and project Outline of the funding list approved by competent agency.

2. The form of investment project document (feasibility study report) is specified in the Annex IIIa; the form of technical support project document is specified in the Annex IIIa; the form of program document is specified in the Annex IIIc; the form of joint program or project document is specified in the Annex IIId of this Decree.

In case the program and project document is formulated according to the form of donors, the project owner must count the above-mentioned contents during the course of coordination with donors to make this document to ensure harmonization of processes and procedures between Vietnam and donors.

Article 23. Fund for preparation of programs and projects

1. The funding list serves as the basis for making budget plan and arranging fund for preparation of programs and projects. The budget for preparation of programs and projects includes the following expenditure items:

a. Expenses for carrying out researches, investigations, surveys, collection, analysis and consolidation of initial data;

b. Expenses for formulating, improving the program and project documents, including expenses for hiring consultants and translation services;

c. Expenses for appraisal of program or project documents;

d. Expenses for training and improving the capacity of staff as the core in program or project management team;

e. Expenses for the advance activities on the basis of Decision on approval for the funding list of competent agencies.

2. With regards to programs and projects that belong to case to be allocated from the State budget: The project owner shall make a budget plan for preparation of program or project in order to integrate into the annual common budget plan of the Line agencies. The processes of approval and allocation of budget for preparation of programs and projects shall comply with legal regulations on the State budget.

In case where the time of making the budget plan for preparation of a program or project does not coincide with time of making the annual budget plan, the Line agency must balance in total budget for preparation of programs and projects which have been allocated; in case it fails to self-balance this budget, it shall send a written request to the Ministry of Planning and Investment and the Ministry of Finance for consideration and decision on budget supplementation.

3. With regards to programs and projects belong to case to be lent entirely or partly or allocated partly from the State budget: The project owner shall make its own arrangement of budget for preparation of programs and projects. In case where the project owner fails to self-balance this budget, it shall submit to its Line agency for consideration and decision under competence.

4. In case where donor provide financial support for preparation of a program or project, the project owner shall report to its Line agency for submision and approval in accordance with the existing regulations and for reflection of this financial support to the annual budget plan for preparation of programs and projects of the Line agency.

Article 24. Competence to approve the program or project documents

Competence to approve the program or project document (competence to decide investment for investment projects) is stipulated as follows:

1. The Prime Minister shall approve:

a. Documents of national important programs or projects;

b. Documents of programs in accompany with the policy framework; programs and projects in areas of security, national defense and religion.

2. Heads of the Line agencies shall approve program and project documents that are not specified in clause 1 of this Article.

Article 25. Appraisal of program or project documents

1. With regards to program and project documents under the approval competence of the Prime Minister:

a. National important programs and projects: The appraisal shall comply with existing laws and regulations on national important programs and projects;

b. Programs in accompany with policy framework; programs and projects in security, national defense and religion: The Line agencies shall hold appraisal for program and project documents and submit to the Prime Minister for consideration and approval.

2. With regards to program and project documents under the approval competence of heads of the Line agencies: The Line agencies shall hold appraisal and approval for program and project documents.

3. Contents and processes of appraisal of program or project documents:

a. With regards to investment projects, contents and processes of appraisal shall be implemented in pursuance to the existing laws and regulations;

b. With regards to other programs and projects that are not specified in point a of this clause, the Ministry of Planning and Investment shall provide guidance on contents and processes of appraisal;

c. With regards to programs and projects that are re-lent from ODA and concessional loans, the appraisal of financial plan of programs and projects and financial capacity of project owners shall be implemented in pursuance to the Public Debt Management Law, other relevant legal documents and guides of the Ministry of Finance.

4. In the course of appraisal, the focal point agencies and units must consult relevant agencies; consider the orders, procedures and progresses of appraisal of donors in order to ensure the neccesary coordination and harmonization, consider contents that are agreed with donors and appraisal opinions of donors or their representatives. The consensus and dissenting  views of parties must be reflected in the appraisal report.

5. The focal point agencies and units of appraisal are responsible for the appraisal result of program or project documents; agencies participating in appraisal are responsible for contents of program or project documents related to their functions and tasks in accordance with law.

Article 26. Dossier of appraisal of program or project document

A dossier requesting for appraisal of program or project document includes:

1. Written request for appraisal of the program or project document, made by the Line agency (for program and project documents under approval competence of the Prime Minister) or by the project owners (for program and project documents under approval competence of Line agencies);

2. Decision on approval for the funding list of competent agencies.

3. Program or project documents.

4. With regards to programs and projects that are subject of re-lending, the project owners shall enclose documents that give evidence of their financial capacity, plan on debt payment and other documents as guided by the Ministry of Finance.

5. Written comments given by the Ministry of Planning and Investment, the Ministry of Finance,  concerned agencies and donors (if any) in process of preparation for the program or project documents.

6. Documents in foreign language must be enclosed with their Vietnamese version.

Article 27. Time limit for appraisal and approval of the program or project documents

1. The time limit for appraisal of program and project documents is counted from the date of receiving full and valid dossier:

a. For national important programs and projects: not exceeding 90 working days;

b. For investment projects of group A: not exceeding 40 working days;

c. For investment projects of group B: not exceeding 30 working days;

d. For investment projects of group C and other programs and projects: not exceeding 20 working days;

2. Within 10 working days, after receiving the appraisal report of agencies and units assigned appraisal, competent agencies shall consider and make decision on approval of the program or project documents.

3. Within 5 working days after the program and project documents are approved by competent agencies, the Line agencies shall notify to donors and project owners about the approval results, conexistingly send the approval decision (original or authenticated copy) enclosed with the approved program and project documents that are affixed with the Line agency’s integrity seal between pages to the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies.

Chapter 4.

CONCLUSION OF INTERNATIONAL TREATIES ON ODA AND CONCESSIONAL LOANS

Article 28. Basis for proposal to sign international treaties on ODA and concessional loans

1. Basis for proposal to sign the framework international treaties on ODA and concessional loans are results of mobilization, strategies and policies on development cooperation, priority areas of ODA and concessional loans that are unified between Vietnam and respective donors.

2. Basis for proposal to sign specific international treaties on ODA and concessional loans are the program or project documents already approved by competent agencies.

3. The conclusion of International treaties on ODA and concessional loans shall comply with provisions of the Law on Conclusion, Accession to and Implementation of Treaties and the Public Debt Management Law.

Article 29. Tasks and powers of the Prime Minister in conclusion of international treaties on ODA and concessional loans

The Prime Minister shall, on behalf of the Government, implement tasks and powers as follows:

1. Reporting the President before negotiating, signing International treaties in the name of State and the international treaties in the name of the Government relating to ODA and concessional loans which are required approval.

2. Deciding on carrying out negotiation, conclusion of international treaties on ODA and concessional loans in the name of the State or Government.

3. Deciding on approval for international treaties on ODA and concessional loans in the name of Government.

4. Submitting to the President for consideration and approval of international treaties relating to ODA and concessional loans in case they are concluded in the name of State and the international treaties in the name of the Government relating to ODA and concessional loans which are required approval.

Article 30. Agencies proposing for conclusion of international treaties on ODA and concessional loans

1. The Supreme People’s Court, the Supreme People’s Procuracy, Ministries, Ministerial-level agencies, agencies directly under the Government shall be agencies proposing to the Prime Minister for the conclusion of specific International treaties on ODA non-refundable aid for programs and projects under the management of their agencies, except cases that are specified in clause 3 of this Article.

2. The Ministry of Finance shall be agency proposing and submitting to the Prime Minister for the conclusion of specific International treaties on ODA and concessional loans, except cases that are specified in clause 3 of this Article.

3. The State bank of Vietnam shall be agency proposing and submitting to the Prime Minister for the conclusion of specific International treaties on ODA and concessional loans with the World Bank, Asian Development Bank, International Monetary fund and other international financial and monetary institutions that the State bank of Vietnam presents for Vietnam.  

4. The Ministry of Planning and Investment shall be agency proposing and submitting to the Prime Minister for the conclusion of International treaties on ODA and concessional loans in the following cases:

a. Framework International treaties on ODA and concessional loans;

b. Specific International treaties on ODA non-refundable aid for programs and projects under management of line agencies that are not specified in clause 1 of this Article, except ODA non-refundable aid of World Bank, Asian Development Bank, International Monetary fund and other international financial and monetary institutions specified in clause 3 of this article.

Article 31. The order of and procedures for conclusion of International treaties on ODA and concessional loans

1. The proposing agencies shall collect the opinions of relevant agencies, the inspection opinion of the Ministry of Foreign Affairs, the appraisal opinion of the Ministry of Justice, summarize and submit them to the Prime Minister for consideration and decision on negotiation, conclusion of International treaties on ODA and concessional loans.

2. The Prime Minister shall report the President and decide on negotiation and conclusion of international treaties regarding ODA and concessional loans in the name of State and international treaties in the name of the Government which are required approval.

3. Agencies assigned by the Prime Minister for taking main responsibility for negotiation and carrying out negotiation on draft International treaties on ODA and concessional loans with donors.

4. Based on the negotiation results in conformity with content of draft International treaties on ODA and concessional loans which have been accepted and delegated for signing by the Prime Minister, the person who is delegated by the Prime Minister shall sign International treaties with representative of donor.

In case the negotiation result has changes in comparison to content of a draft International treaty on ODA and concessional loans which has been accepted by the Prime Minister, the proposing agency shall consult relevant agencies and submit to the Prime Minister for decision on the conclusion of that International treaty.

5. For an International treaty that must be approved or ratified after signing, the proposing agency shall consult relevant agencies and submit them to the Prime Minister for approval or to the State president for ratification.

Article 32. The order of and procedures for delegation to negotiate and sign the specific International treaties on ODA and concessional loans with the same donor

1. On the basis of summarizing opinions of relevant agencies and donors, the proposing agencies shall submit to the Prime Minister on delegation for one or many representatives to negotiate and sign the specific International treaties on ODA and concessional loans with the same donors. Dossier to submit to the Prime Minister includes the following documents:

a. Report of the proposing agency to submit to the Prime Minister on delegation for one or many representatives to negotiate and sign the specific International treaties on ODA and concessional loans with the same donors.

b. Copy of International treaties on ODA and concessional loans signed with the same donor or form of draft International treaties on ODA and concessional loans with the same donor including principal content and plan to select for specific matters (if any);

c. Written opinions of the Ministry of Foreign Affairs, the Ministry of Justice, other relevant agencies and donors.

2. Based on decision of the Prime Minister, the Ministry of Foreign Affairs shall carry out the external procedures for granting written delegation for negotiation and conclusion of International treaties on ODA and concessional loans with the same donor.

Article 33. Dossier for submission to the Prime Minister on negotiation, conclusion and approval of international treaties on ODA and concessional loans

1. Dossier of the proposing agency to submit to the Prime Minister for the negotiation and conclusion of International treaties on ODA and concessional loans including the following documents:

a. Report of the proposing agency to submit to the Prime Minister for consideration and decision on the negotiation and conclusion of International treaties on ODA and concessional loans;

b. Program and project documents enclosed with decisions on approval by competent agencies.

c. Draft International treaties, enclosed with Vietnamese version in case those International treaties are signed only in foreign language;

d. Written opinions of relevant agencies, the inspection opinion of the Ministry of Foreign Affairs and the appraisal opinion of the Ministry of Justice regarding those draft International treaties.

2. Dossier of the proposing agency  to submit to the Prime Minister for the negotiation and conclusion of International treaties on ODA and concessional loans which have been signed in the name of the Government including the following documents:

a. Report of the proposing agency to the Prime Minister for consideration and approval of International treaties on ODA and concessional loans which have been signed in the name of the Government with donors;

b. Copy of International treaties, enclosed with Vietnamese version in case those International treaties are signed only in foreign language;

c. Written opinions of relevant agencies;

d. Expected plans to perform in case the signed International treaties have no provisions on this content.

Article 34. Dossier for submission to the Prime Minister for consideration and submission to the President for ratification of international treaties on ODA and concessional loans

1. Report of the proposing agency to the Prime Minister for consideration and submission to the State president for ratification of International treaties on ODA and concessional loans which have been signed with the donor.

2. Draft report of the Prime Minister on submission to the President for ratification of international treaties.

3. Copy of International treaties, enclosed with Vietnamese version in case those International treaties are signed only in foreign language.

4. Written opinions of relevant agencies.

5. Expected plans to perform in case the signed International treaties have no provisions on this content.

Article 35. Amendment, supplementation and extension of International treaties on ODA and concessional loans

1. Amendment, supplementation and extension of International treaties on ODA and concessional loans which are required ratification after signing shall comply with regulations in the Law on Conclusion, Accession to and Implementation of Treaties and the Public Debt Management Law.

2. For amendment, supplementation and extension of international treaties on ODA and concessional loans in the name of Government that are not specified in clause 1 of this Article;

a. In case it is required to sign a new International treaty in the name of Government: The proposing agency shall submit to the Prime Minister for consideration and decision according to the orders and procedures specified in Article 31 of this Decree;

b. In case through exchanging letters, diplomatic notes with the donors:

For the amendment, supplementation and extension of International treaties on ODA and concessional loans in the name of the Government that increase the obligation on foreign debt payment of the Government (such as interest, loan duration, loan level, charges) or, change other commitments of the Government in comparison with previous time, the proposing agency shall collect written opinions of the Ministry of Planning and Investment, the Ministry of Foreign Affairs, the Ministry of Justice and other relevant agencies to summarize and submit the Prime Minister for consideration and decision.

For the amendments, supplementations that do not increase the obligation on foreign debt payment of the Government (such as interest, loan duration, loan level, charges) or, not change other commitments of the Government in comparison with previous time, the proposing agency shall decide amendments, supplementations on the basis of written opinions of the Ministry of Planning and Investment, the Ministry of Foreign Affairs, the Ministry of Justice and other relevant agencies. The proposing agencies shall report on their decisions to the Prime Minister. In case agencies have different opinions, the proposing agencies shall submit to the Prime Minister for decsion.

c. The proposing agencies shall notify with the donors, the Ministry of Planning and Investment, the Ministry of Foreign Affairs and other relevant agencies of amendments, supplementations or extension of International treaties on ODA and concessional loans. In case it is required for notification by diplomatic note by the Ministry of Foreign Affairs, the proposing agencies shall coordinate with the Ministry of Foreign Affairs for the Ministry of Foreign Affairs to finish procedures for the external notification regarding these amendments and supplementations or this extension.

Chapter 5.

MANAGEMENT OF IMPLEMENTATION OF PROGRAMS AND PROJECTS

Article 36. Modalities of program and project management

The Line agencies shall decide selection of one of the following modalities of program and project management:

1. The Line agencies shall take role of the project owner and directly manage programs and projects.

2. The project owner shall directly manage programs and projects.

3. The project owner shall hire a consulting organization to manage programs and projects.

Article 37. Tasks and powers of the Line agencies in management of implementation of programs and projects

1. Making decisions on organizing the management apparatus for implementation of programs and projects.

2. Approving the master plan on performing programs and projects; summing up and approving the annual allocation plans of programs and projects.

3. Carrying out the tender as prescribed by the existing laws and regulations on tender.

4. Organizing the supervision and evaluation of the situation of implementation, ensuring programs and projects to be implemented on schedule with quality and to achieve their planned targets.

5. Taking responsibility for the loss, wastefulness, corruption and misdeeds in the management and utilization of ODA and concessional loans under the management competence of line agencies.

6. Implementing other tasks and powers as prescribed by law, International treaties on ODA and concessional loans of programs and projects.

Article 38. Tasks and powers of the project owners in management of implementation of programs and projects

1. Organizing the management apparatus for implementation of programs and projects on the basis of decision of the Line agencies.

2. Taking responsibility for effective management and utilization of the financial resources of programs and projects from the preparation, implementation till the programs and projects are put into exploitation.

3. Preparing and submitting to the Line agencies for approval of the master plan on performing programs and projects; approving the annual implementation plan of programs and projects in order to serve as basis for the line agencies to approve the annual budget allocation plan of the Line agencies.

Especially for programs and projects that receive ODA and concessional loans in the form of on-lending mechanism from the Government with counterpart fund allocated on their own, the project owners shall be responsible for preparing and approving the annual budget plans.

4. Formulating the quarterly action plan to serve for the administration, supervision and evaluation of programs and projects.

5. Organizing appraisal and approval of technical design, total estimated budget and estimated budget of work items (for construction and investment projects).

6. Carrying out the tender as prescribed by the existing law on tender.

7. Negotiating, signing, supervising the implementation of contracts and resolving violations of contracts.

8. Coordinating with the local authorities to organize implementation of compensation, assistance and resettlement in accordance with laws, specific International treaties on ODA and concessional loans of programs and projects (for construction investment projects).

9. Supervising and evaluating programs and projects, ensuring programs and projects to be implemented on schedule with quality and to achieve their planned targets.

10. Under their management competence, to take responsibility for the loss, wastefulness, corruption and misdeeds in the management and implementation of programs and projects that cause damages to the society, economy and environment, influence to the overall objectives and effeciency of programs and projects.

11. With respect to programs and projects that apply the on-lending mechanism, the project owners shall repay fully and timely the loans in line with the agreed on-lending conditions.

12. Other task and powers as prescribed by laws, specific International treaties on ODA and concessional loans of programs and projects.

Article 39. Establishment of the project management unit

1. In case of direct management of programs and projects as prescribed in clauses 1 and 2 Article 36 of this Decree, within 30 working days after the programs and projects are approved by competent agencies, the project owners shall issue a decision on establishment of the project management units.

2. When establishing the project management unit, the project owners must consider the possibility of using the professional project management units or their existing project management units for reducing management expenses and making use of capacity and experiences of the project managing team.

3. For the advance activities regarding establishment of the project management unit: shall comply with clause 1 Article 17 of this Decree.

4. Within 15 working days after having decision on establishment of project management unit, the project owners shall issue a Regulation on organization and opertion of the project management unit. In case where International treaties on ODA and concessional loans for programs and projects signed with donors have regulations on organizational structure of project management, tasks and powers of the project management unit, these regulations  must be concretized and fully reflected in the Regulation on organization and operation of the project management units.

Article 40. Tasks and powers of the project management units

1. The project owner shall assign the tasks and powers to the project management unit on the basis of decision on establishment of the project management units.

The project owner may delegate to the project management unit to make decision or sign documents on their behalf in the management course of implementation. This delegation must be specified in the Decisions on establishment of the project management units or in the specific delegation documents of the project owners.

2. The project management units may be assigned task to manage more than one programs and projects at the same time with permission of their project owners and ensuring the principle: There in no interruption in process of implementation of each program or project, and each program or project is subject to the management and finalization of payment in accordance with existing laws. In case a project management unit fails to qualify for implementation of several parts of project management and supervision, it may hire consultants to perform this work with the acceptance of the project owner.

3. The project management unit shall have the following specific tasks:

a. Supporting the project owners in making the master plan and the detailed annual plan on implementation of programs and projects;

b. Supporting the project owners in preparation for implementation and implementation of programs and projects;

c. Supporting the project owners in implementation of tender and contract management activities;

d. Supporting the project owners in disbursement, financial and asset management of programs and projects;

dd. Following up and evaluating the situation of implementation of programs and projects;

e. Preparing for the project owners to carry out taking-receipt and hand-of of outcomes of programs and projects after completion; finish the audit work, handing of assets of programs and projects; making the completion report and financial reconciliation report of programs and projects;

g. Performing other tasks under the framework of programs and projects assigned by the project owners.

Article 41. Hiring project management consultants

1. In case where the project owners hire consultants for management of programs and projects as prescribed in clause 3 Article 36 of this Decree, that consulting organization must be eligible and have sufficient capacity in organization and management in conformity with the size and nature of programs and projects. The tasks and powers of these project management consultants shall be performed on the basis of contracts of hiring consultant. The project management consulting organization is entitled to hire consulting institutions and individuals to participate in management with acceptance of the project owners and in conformity with the signed consulting contracts.

2. The project owners shall select and sign contracts with a project management consulting organizations that are eligible and have sufficient capacity in organization and management in order to support the project owners in project management. When applying forms of hiring consultants for project management, the project owners still must use their functional apparatus or appoint a focal point unit for checking, supervising the implementation of project management consulting contracts.

3. Project management consulting organizations have responsibility for realization of affairs and commitments under the contracts signed with the project owners and in compliance with the relevant existing regulations and laws.

Article 42. Cases not required for establishment of the project management units

The project owners are not required to establish project management units but they can use their functional apparatus for managing and executing programs and projects or they can hire the specialized and experienced persons to assist it in management and implementation of programs and projects in the following cases:

1. The technical assistance program or project funded by ODA non-refundable aid with the total budget (including counterpart fund) of less than USD 200,000.

2. The programs and projects funded by ODA non-refundable aid with the total investment level (including counterpart funds) of less than USD 350,000.

3. Regional programs and projects, sectoral or budget support programs and non-project aid.

Article 43. Counterpart fund for the preparation of implementation and for implementation of programs and projects

1. Counterpart funds must be ensured fully for preparation of implementation and for implementation of programs and projects (including the advance activities, if any). The source, amount and mechanism of counterpart fund must be suitable with contents stated in the program or project documents approved by competent agencies.

2. Counterpart funds for preparation of implementation and for implementation of programs and projects may include the following expenditure items:

a. Expenses for activities of the program and project management unit (salary, bonus, allowance, office, working facilities and overhead expense);

b. Expenses for design appraisal, approval of total estimate, completion of investment, construction procedures and other necessary administrative procedures;

c. Expenses relating to selection of contractors;

d. Expenses for conferences, seminars, training and coaching the professional operations for management and implementation of programs and projects;

dd. Expenses for acceptance   and   dissemination   of  international  technologies, experiences and skills;

e. Expenses for communication and advertisement of programs and projects and for community participatory activities;

g. Payment of taxes of all kinds, customs and insurance charges in accordance with existing regulations;

h. Payment for interest, deposits, commitment charges and other relevant charges made to foreign parties;

i. Expenses for acceptance of equipment and local transportation (if any);

f. Expenses for auditing;

l. Expenses for implementation of several basic activities of programs and projects (survey, technical design, construction; compensation, site clearance and resettlement; construction of several work items, procurement of several equipment);

m. Expenses for supervision and evaluation activities; quality control and testing, acceptance,  hand-of and finalization of programs and projects;

n. Contingency and other resonable expenses.

3. For programs and projects that have funds allocated from the State budget: The Line agencies shall balance counterpart funds in their annual budget estimates as prescribed by existing law and clearly delimitate according to the budget source for fundamental construction, non-business administrative operations corresponding to the expenditure content of programs and projects; ensuring the full and timely provision of counterpart funds in conformity with the progress prescribed in the program and project document that was approved by competent agencies, and in conformity with regulations of State budget Law and International treaties on ODA and concessional loans.

4. For programs and projects of which mechanism is in the form of totally or partly on-lending and partly granted from the state budget: The project owners shall allocate counterpart funds on their own or they can submit to the Line agencies for decision on ensuring adequate counterpart funds for programs and projects before signing on-lending contracts.

5. For programs and projects granted from the State budget with the time of approval or conclusion not coincided with the term of making the annual budget estimates, and therefore counterpart funds can not be allocated: The Line agencies shall send a written request to the Ministry of Planning and Investment and the Ministry of Finance to resolve this issue under competence or submit to competent agencies for supplementation of counterpart funds from the annual budget estimates.

In case time of making counterpart fund plans for preparation and implementation of programs and projects considered for aid does not coincide with the term of making the annual budget plan, the Line agencies shall balance in the total allocated budget. In case where balancing of the funds is not possible, Line agencies shall send a written request to the Ministry of Planning and Investment, the Ministry of Finance for consideration and decision on advancement of counterpart funds that will then be deducted in the budget plan of following year.

6. In case where the annual counterpart funds allocated from the central budget for programs and projects are not used up, the Line agencies may re-allocate these counterpart funds to other programs and projects that have demand for fund after having approval of the agencies competent to allocate budget in accordance with existing regulations.

Article 44. Advancement of funds for implementation of programs and projects

In case where there is urgent need for advancement of funds to implement several work items of programs and projects which is subject to be allocated from the State budget, and have been already committed by ODA and concessional loans and included in the annual financial plan but ODA and concessional loans have not yet been withdrawn, the Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with the Ministry of Finance in consideration and decision on advance funding from the State budget on the basis of the written explaination of the Line agencies and written commitment of the donor for withdrawal of these advance funds. State Treasuries of all levels shall collected these funds after the ODA and concessional loans are disbursed to allocate for those work items.

Article 45. Taxes and charges for programs and projects

Taxes and charges applicable to programs and projects shall comply with existing regulations on taxes and charges, International treaties to which the Socialist Republic of Vietnam is a contracting party. In cases where there  is  a  discrepancy between  any  provision  in  the  signed  international  treaties  and Vietnamese laws, such treaties shall take precedence. The Ministry of Finance shall specify guidance on this issue.

Article 46. Compensation, assistance and resettlement

1. Compensation, assistance and resettlement for programs and projects shall comply with existing regulations and International treaties on ODA and concessional loans to which the Socialist Republic of Vietnam is a contracting party. In cases where there is discrepancy between provisions of Vietnamese law and international treaties, such international treaties shall take precedence.

2. Dossier to submit a plan on compensation, assistance and resettlement of a program or project must have official written commitment of a competent agency for progress, time limit to complete compensation, assistance and resettlement in conformity with the implementation schedule of each bidding package of program or project.

Article 47. Tender

1. Tender for implementation of programs and projects shall comply with existing regulations and International treaties on ODA and concessional loans to which the Socialist Republic of Vietnam is a contracting party. In cases where there is discrepancy between provisions of Vietnamese law and international treaties, such international treaties shall take precedence.

2. For the advance activities related to tender work specified in the Decision on approval for the funding list: The Line agencies and project owners shall conduct advance activities relating to the tender work specified in Article 17 of this Decree.

Article 48. Amendments and supplementations to contents of programs and projects and use of residual during implementation of programs and projects

1. In case where amendments and supplementations make contents in Decision on approval for the funding list changed: The Line agencies shall comply with Article 19 of this Decree.

On the basis of acceptance on changes in contents of Decision on approval of the funding list by competent agencies, the Line agencies shall carry out procedures relating to the approval of documents of amended and supplemented programs and projects.

2. In case amendments and supplementations to contents of programs and projects create amendments, supplementations, extension of International treaties on ODA and concessional loans, the proposing agencies shall comply with provision in Article 35 of this Decree.

3. The use of residual (ODA and concessional loans) that arises during implementation of programs and projects and constitutes by residual from tender, from changes in exchange rate, interest rate, from unallocated provisional budget and others shall comply as follows:

a. For cases of using residual in scope of programs and projects: on the basis of agreement with donors, the Line agencies shall decide use of this residual in accordance with existing regulations;

b. For case of using residual for implementation of new programs and projects with priority aim to increase the effectiveness of on-going programs and projects: On the basis of agreement with donors, the Line agencies shall send a written request to the Ministry of Planning and Investment together with the Outline of new programs and projects. The next steps relating to the approval of the funding list shall comply with clauses 3 and 4 Article 13 of this Decree.

Article 49. Management of construction, acceptance, hand-over, auditing and payment finalization

1. For investment projects, appraisal and approval of construction designs and total cost estimates, issuance of construction permits, control of construction quality, acceptance, hand-over, warranty, and insurance of construction works shall comply with existing regulations on investment management and International treaties on ODA and concessional loans to which the Socialist Republic of Vietnam is a contracting party. If there is a discrepancy between any  provision  in  the  signed  international  treaties  on  ODA  and  concessional loans and Vietnamese laws and regulations, the provisions in such international treaties shall take precedence.

2. For technical assistance programs and projects, upon their completion, the Line agencies shall organize acceptance and carry out the necessary measures to further exploit and develop the achiever outcomes as well as comply with regulations of existing laws on financial and asset management of programs and projects.

3. Auditing and payment finalization for programs and projects must comply with existing regulations and International treaties on ODA and concessional loans to which the Socialist Republic of Vietnam is a contracting party or at the request of donors. . If there is a discrepancy between  any  provision  in  the  signed  international  treaties  on  ODA  and concessional loans and Vietnamese laws and regulations, the provisions in the international treaties shall take precedence.

Article 50. Handling of contract disputes

In case of contract disputes during implementation of programs and projects, the related parties shall be responsible for negotiation for settlement. If related parties can not reach agreement, the disputes shall be resolved by mediation or arbitration or Court in accordance with contracts, regulations of International treaties on ODA and concessional loans of programs and projects, relevant international treaties and laws.

Chapter 6.

SUPERVISION AND AND EVALUATION OF PROGRAMS AND PROJECTS

Article 51. Supervision of programs and projects

Supervision of programs and projects includes activities of following up and checking in process of implementation of programs and projects with the aim to ensure the achivement of objectives, efficiency and effectiveness of programs and projects, of which:

1. Following up programs and projects includes regular and periodic activities at various management levels to update all information related to situation of implementation of programs and projects; to classify and analyze information; to recomment timely the handling plans in order to ensure the implementation in accordance with objective, progress and quality in the resource framework of programs and projects.

2. Checking of program or project includes: The periodic activities under plans or the ad hoc activities to examine the compliance of regulations in management, timely detecting the misdeeds, weakness in implementation of Vietnamese regulations and laws and specific International treaties on ODA and concessional loans; recommending to competent agencies about handling of misdeeds and supervising realization of correcting measures.

Article 52. Evaluation of programs and projects

1. Evaluation of programs and projects includes periodical activities with the aim to review in a comprehensive, systematic and objective manner in terms of suitability, effectiveness, efficiency, impact and sustainability of programs and projects in order to have necessary adjustments and draw experiences which may apply to the subsequent implementation stages and other programs and projects.

2. Evaluation can be carried out on a periodic or ad hoc basis (in necessary case). Depending on each specific circummstance and under the agreement with donors, the stages of evaluation can include:

a. Initial evaluation: Being carried out as soon as beginning implementation of programs and projects with the aim to consider practical changes in comparison with the approved program and project documents for having measures of handling;

b. Mid-term evaluation: Being carried out in the middle of period of program and project implementation with the aim to consider situation of implementation at the time of evaluation for the necessary adjustments;

c. Terminal evaluation: Being carried out as soon as completing programs and projects with the aim to consider entire course of implementation, providing a basis for making report on completion of programs and projects;

d. Impact evaluation: Being carried out within 3 years, after the programs and projects were put into operation and use with the aim to assess their effeciency, sustainability and impacts in comparison with their initial objectives.

3. In order to assure the objectivity and transparency, the evaluation must be conducted by experts or group of experts, independence consultants recruited hired or recruited in accordance with the existing regulations, having sufficient qualification and necessary experiences (except the initial evaluation that can be conducted by the project management units). The project owners must coordinate with donors in defining time and budget for the evaluation at the stage of formulation of the program and project document.

4. The evaluation plans must be formulated in the program and project documents and must be comformable with nature of programs and projects.

Article 53. Responsibility of the Line agencies in supervision and evaluation

1. Organizing the establishment and operation of the supervision and evaluation system of programs and projects at their levels, organizing the examination of these programs and projects at least once each year and allocating the necessary resources for these activities.

2. Coordinating with the Ministry of Planning and Investment in supervision and evaluation of programs and projects at national level.

3. Implementing the reporting regimes in accordance with the existing regulations and guidance of the Ministry of Planning and Investment.

4. Providing adequate and timely feedbacks to recommendations of the project owners stated in reports on progress and evaluation result of programs and projects; when necessary, coordinating with donors and relevant agencies to carry out ad hoc evaluations.

5. Organizing the impact evaluations for programs and projects under their competence based on the annual impact evaluation plans of the Ministry of Planning and Investment.

6. Sharing information via the supervision and evaluation system of programs and projects at the level of Line agencies to ensure transparency and facilitating supervision by the community.

Article 54. Responsibility of the project owners in supervision and evaluation

1. Organizing the establishment and operation of the supervision and evaluation system at the project owner level and allocating the necessary resources for these activities; appointing a permanent unit to take responsibility in regular supervision and evaluation for their programs and projects.

2. Organizing the implementation of supervision and evaluation activities in accordance with the plans already approved in the program and project documents.

3. Resolving timely difficulties or problems under their competence and recommendations stated in the evaluation reports. In case of falling beyond their competence, the project owners report to the Line agencies for the solving measures.

4. Implementing the reporting regimes in accordance with the existing regulations and guidance of the Ministry of Planning and Investment.

5. Hiring consultants to conduct evaluation in line with the supervision and evaluation plan stated in the program and project documents.

6. Sharing information via the supervision and evaluation system of programs and projects at the project owner level to ensure the transparency and facilitating supervision by the community.

Article 55. Responsibility of the project management units in monitoring and evaluation

1. Establishing an internal information system, collecting and storing fully information, data, dossiers, documents, account books and vouchers of programs and projects, reports of contractors, changes in Vietnamese policies and laws and regulations of donors relating to the management of programs and projects.

2. Preparing the realization reports in accordance with regulations, supplying and sharing information through the supervision and evaluation system at sectoral, local and national levels.

3. Supporting the project owners in supervision and evaluation of programs and projects.

Article 56. Responsibility of the Ministry of Planning and Investment in supervision and evaluation

The Ministry of Planning and Investment shall be the focal point agency that supports the Prime Minister in organization of supervision and evaluation of ODA and concessional loans at the national level. The Ministry of Planning and Investment has the following specific tasks:

1. Organizing the establishment and operation of the national supervision and evaluation system and allocating the necessary resources for these activities.

2. Assuming the prime responsibility for making the annual supervision and evaluation plan of ODA and concessional loans at the national level and coordinate with Ministries, sectors, localities and donors in implementation of this plan.

3. Resolving timely difficulties under its competence stated in reports of the project owners, Line agencies and donors; giving out solutions to improve situation of implementation of programs and projects and enhance the effective utilization of ODA and concessional loans.

4. Assuming the prime responsibility for, and coordinate with the Ministry of Finance and relevant agencies in supervision of the compliance with law and specific International treaties of ODA and concessional loans, the effective utilization of budget for programs and projects. In the necessary case, setting up an inter-sector mission to directly work with the Line agencies and the project owners to solve problems arising during the implementation of programs and projects to ensure the progress on schedule and effective investment. For issues that fall beyond its competence, the Ministry of Planning and Investment shall report to the Prime Minister for consideration and decision.

5. Assuming the prime responsibility for, and coordinating with the Line agencies and donors in selecting programs and projects for its annual impact evaluation plans.

6. Sharing information through the supervision and evaluation system of programs and projects at the national level to ensure the transparency and facilitating supervision by the community.

Article 57. The reporting regime on situation of receipt and utilization of ODA and concessional loan

1. The project owner level:

The project owners shall make reports on situation of implementation of programs and projects and send them to their Line agencies, the Ministry of Planning and Investment, the Ministry of Finance, Ministries managing relevant sectors, the provincial People’s Committees where programs and projects are implemented and to donors, including:

a. Monthly reports, within 10 days after the end day of previous month (just apply to programs and projects under the approval competence of the Prime Minister and investment projects of group A);

b. Quarterly reports, within 15 days after the end date of previous quarter;

c. Yearly reports, not later than January 31 of the following year;

d. The completion reports, within 6 months after completion of programs and projects;

e. Reports on changes (if any) in comparison with contents of specific International treaties on ODA and concessional loans already concluded.

Reports to donors shall be performed in accordance with agreements in specific International treaties on ODA and concessional loans of programs and projects.

2. The level of Line agencies:

Within 20 days after each quarter, the Line agencies shall make the consolidated reports on mobilization, receipt and utilization of ODA and concessional loans, assessment on programs and projects under their management competence and send them to the Ministry of Planning and Investment, the Ministry of Finance and the Ministry of Foreign Affairs for summarization under their assigned functions and tasks.

3. The national level:

The following agencies shall biannually and annually make the consolidated report to report to the Prime Minister. The deadline for 6-month reports is before July 31 of current year and the deadline of annual reports is before January 31 of the following year.

a. The Ministry of Planning and Investment shall send the consolidated reports to the Prime Minister about the situation of mobilization, management and utilization of ODA and concessional loans at the national level as prescribed in clause 11 Article 61 of this Decree;

b. The Ministry of Finance shall send the consolidated reports to the Prime Minister about the situation of debts, debt payment, disbursement, fund withdrawal of ODA and concessional loans as prescribed in point i clause 5 Article 62 of this Decree;

4. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with relevant agencies in guiding on the reporting regime and the unified report forms on ODA and concessional loans, gradually performing harmonity of report forms with donors; supervising the compliance of the reporting regime on ODA and concessional loans at all levels and periodically reporting the situation of implementation of this work to the Prime Minister.

Article 58. Costs for supervision and evaluation of the receipt, management and utilization of ODA and concessional loans

1. Expenses for supervision and evaluation of programs and projects at the level of project owners shall be alocated by ODA and concessional loans or Counterpart funds as defined in program and project documents.

2. Expenses for supervision and evaluation of the receipt, management and utilization of ODA and concessional loans at level of the line agency and national levels shall be allocated in the annual State budget estimates.

Article 59. Inspection on receipt, management and utilization of ODA and concessional loans

Inspection on receipt, management and utilization of ODA and concessional loans shall comply with the existing regulations of law.

Chapter 7.

STATE MANAGEMENT ON ODA AND CONCESSIONAL LOANS

Article 60. State management on ODA and concessional loans

The Government shall perform the unified state management of ODA and concessional loans in the following contents:

1. Making decisions on strategies, policies, master plans, orientations on mobilization and utilization of ODA and concessional loans in each period.

2. Issuing legal documents on management and utilization of ODA and concessional loans under its competence.

3. Executing macro-level management and utilization of ODA and concessional loans.

Article 61. Tasks and powers of the Ministry of Planning and Investment

The Ministry of Planning and Investment shall assist the Government to perform the unified state management of ODA and concessional loans with the following tasks and powers:

1. Acting as the focal point agency in mobilization, coordination, management and utilization of ODA and concessional loans; assuming the prime responsibility for drafting strategies, policies on development cooperation with donors, master plans on mobilization, management and utilization of ODA and concessional loans; analyzing and assessing effectiveness of using these funds.

2. Assuming the prime responsibility for drafting and submission for issuance or issuing the legal documents on management and utilization of ODA and concessional loans under its competence.

3. Assuming the prime responsibility for preparation of content and mobilization, coordination of ODA and concessional loans under its competence.

4. Summing up and submitting to the Prime Minister for approval of the funding list according to clause 3 Article 13 and clause 1 Article 14 of this Decree.

5. Assuming the prime responsibility for, and coordinating with relevant agencies in submission to the Prime Minister for conclusion of framwork International treaties on ODA and concessional loans and specific International treaties on ODA non-refundable aid as prescribed in clause 4 Article 30 of this Decree.

6. Coordinating with the Ministry of Finance in submission to the Prime Minister for approval of the domestic financial regime applicable to programs and projects using ODA and concessional loans.

7. Assuming the prime responsibility for, and coordinating with the Ministry of Finance in:

a. Submitting to the Prime Minister for approval of the domestic financial regime applicable to programs and projects using ODA non-refundable aid under competence to approve the funding list of the Prime Minister; defining the domestic financial mechnism applicable to programs and projects using ODA non-refundable aid under competence to approve the funding list of the Line agencies.

b. Summing up and making plan on the disbursement of ODA and concessional loans, counterpart funds; fully and timely arranging the preparation capital for programs and projects, counterpart funds of fundamental construction source in order to prepare for implementation of and perform programs and projects subject to be allocated from the central budget in the annual capital plans;

c. Handling demand on adding capital in the annual plans on budget estimate of programs and projects as prescribed in clause 5 Article 43 and Article 44 of this Decree.

8. Formulating, operating and completing the supervision and evaluation system of programs and projects at national level; sharing information with relevant agencies and donors, exploiting effectively this system.

9. Following up, checking the management of and organizing implementation of programs and projects; urging, assisting the implementation of programs and projects.

10. Acting as the focal point agency in solving difficulties during implementation of programs and projects; matters involving many Ministries, sectors in order to ensure the implementation progress and promote the disbursement of ODA and concessional loans; proposing the Prime Minister for decision on the handling measures for matters on ODA and concessional loans under competence of the Prime Minister.

In the necessary case, assuming the prime responsibility for establishment of the inter-sector work delegation to directly work with the Line agencies, the project owners, the project management units and donors in order to consider, assess and timely solve difficulties under its competence.

11. Submitting the periodical (biannually, annually) and ad hoc consolidated reports on the situation of mobilization, management and utilization of ODA and concessional loans to the Prime Minister; proposing solutions to remove difficulties during implementation of programs and projects.

12. Assuming the prime responsibility for implementation of synchronous measures with the aim to increase the effective management and utilization of ODA and concessional loans.

13. Compiling and dissemination of documents guiding professional operations on mobilization, preparation, appraisal, management of implementation, supervision and evaluation of programs and projects; providing assistance in the training on management of programs and projects in the professional and sustainable directions.

Article 62. Tasks and powers of the Ministry of Finance

1. Coordinating with the Ministry of Planning and Investment and relevant agencies in formulating strategies, policies on development cooperation with donors, master plans on mobilization, regulation, management and utilization of ODA and concessional loans; analyzing and assessing effectiveness of using these funds.

2. Providing guidance on preparation of content involving conditions on using funds, financial management of programs and projects.

3. Assuming the prime responsibility for, and coordinating with relevant agencies in submitting to the Prime Minister for the conclusion of specific International treaties on ODA and concessional loans as prescribed in clause 2 Article 30 of this Decree.

4. Officially representing the State or the Government as "the borrower" for ODA and preferential loans in relation with the donors, except loans for which the State bank of Vietnam is on behalf and delegated to conclude in International treaties on such loans.

5. Executing financial management for programs and projects:

a. Assuming the prime responsibility for, and coordinating with relevant agencies in guiding on financial management for programs and projects;

b. Assuming the prime responsibility for, and coordinating with the Ministry of Planning and Investment, the Line agencies and relevant agencies in submission to the Prime Minister for approval of the domestic financial regime applicable to programs and projects using ODA and concessional loans before conclusion of specific International treaties on ODA and concessional loans;

c. Coordinating with the Ministry of Planning and Investment in submission to the Prime Minister for approval of the domestic financial regime applicable to programs and projects using ODA non-refundable aid under the competence to approve the funding list of the Prime Minister; defining the domestic financial mechnism applicable to programs and projects using ODA non-refundable aid under the competence to approve the funding list of the Line agencies;

d. Specifying the procedures for fund withdrawal and management of fund withdrawal of programs and projects on the basis of regulations of existing laws and regulations in International treaties on ODA and concessional loans already signed with donors;

dd. Assuming the prime responsibility for guiding on implementation of policies on taxes and charges applicable to programs and projects; solving problems involving taxes and charges;

e. Allocating budget from the State budget and other funding sources for payment of ODA and concessional loans on a due course;

g. Coordinating with the State bank of Vietnam in defining and publishing the list of commercial banks eligible to perform the external payment transactions related to ODA and concessional loans;

h. Following up and checking the financial management in utilization of ODA and concessional loans and organizing the accounting of the State budget related to these funds;

i. Summing up periodically (biannually, annually) data of disbursement, withdrawal of funds and debt payment related to ODA and concessional loans in order to report to the Prime Minister and notify with relevant agencies;

k. Coordinating with the Ministry of Planning and Investment in summing up and making the plans on disbursement of ODA and concessional loans, counterpart funds; handling demand on supplementation of funds in the annual budget estimate plans of programs and projects as prescribed in clause 5 Article 43 and Article 44 of this Decree;

l. Assuming the prime responsibility for, and coordinating with the Ministry of Planning and Investment in fully and timely arranging counterpart funds from the non-business and administrative source in order to prepare implementation and perform programs and projects subject to be allocated from the central budget in the annual funding plans;

m. Organizing provision of on-lending and withdrawal of funds used for on-lending of programs and projects that are subject to the on-lending mechanism of the State budget.

Article 63. Tasks and powers of the State bank of Vietnam

1. Assuming the prime responsibility for, and coordinating with relevant agencies in submitting to the Prime Minister for conclusion of specific International treaties on ODA and concessional loans with the international monetary and finance organizations as prescribed in clause 3 Article 30 of this Decree.

2. Handing over dossier and all information involving programs and projects to the Ministry of Finance after the specific International treaties on ODA and concessional loans come into effect, except the loan agreements with the international monetary fund.

3. Assuming the prime responsibility for, and coordinating with the Ministry of Finance in defining and publishing the list of commercial banks eligible to perform the external payment transaction for ODA and concessional loans as basis for the Line agencies to negotiate the specific International treaties on ODA and concessional loans and to select banks serving for programs and projects.

4. Summing up periodically (biannually, annually) and notifying the Ministry of Finance, the Ministry of Planning and Investment amd relevant agencies of situation of fund withdrawal and payment through the system of bank accounts of programs and projects;

Article 64. Tasks and powers of the Ministry of Justice

1. Appraising the draft International treaties on ODA and concessional loans as prescribed by law on international treaties.

2. Participating in negotiation and providing comments in formulating contents of draft International treaties on ODA and concessional loans.

3. Providing comments on program and project Outlines regarding cooperation with foreign parties in legal sector.

4. Appraising the program and project documents on cooperation with foreign parties in legal sector under the approval competence of the Prime Minister.

5. Providing comments from legal aspects on the draft resettlement framewok policy before submission to the Prime Minister for approval.

6. Providing the legal opinions related to International treaties on ODA and concessional loans or other relevant legal matters at the request of competent agencies.

Article 65. Tasks and powers of the Ministry of Foreign Affairs

1. Coordinating with concerned agencies in elaborating and implementing guidelines and directions for ODA and concessional loan mobilization as well as partnership policies on the basis of the general external relation policies; participating in mobilization of ODA and concessional loans.

2. Assuming the prime responsibility for, and coordinating with the Ministry of Planning and Investment and relevant agencies in, directing representative agencies of the Socialist Republic of Vietnam abroad or in international organizations to mobilize ODA and concessional loans in line with the guidelines and orientations on mobilization, master plans and plans on mobilization and utilization of ODA and concessional loans in each period.

3. Checking, proposing for negotiation, conclusion of the International treaties on ODA and concessional loans; joining in negotiation, providing comments in draft International treaties on ODA and concessional loans.

4. Conducting external procedures on conclusion and implementation of International treaties on ODA and concessional loans; organizing storage, copying from the original, announcing International treaties on ODA and concessional loans.

5. Participating in evaluation of programs and projects funded by ODA and concessional loans.

6. Following up, checking the implementation of procedures for conclusion and implementation of International treaties on ODA and concessional loans as prescribed by law on International treaties.

Article 66. Tasks and powers of the Office of Goverment

1. Assisting the Government and the Prime Minister in leading, directing and operating the uniform state management on ODA and concessional loans.

2. Providing opinions on contents in the course of preparing the programs and projects at the request of the Line agencies or project owners; appraising and making recommendations on policies, mechanisms, method of organizing implementation of programs and projects before submission to the Goverment, the Prime Minister for consideration and decision.

3. Assisting the Government and the Prime Minister for checking and urging implementation of this Decree.

Article 67. Tasks and powers of the Ministries, Ministerial-level agencies, Governmental agencies

1. Coordinating with the Ministry of Planning and Investment and relevant agencies in building strategies, master plans to orient the mobilization and utilization of ODA and concessional loans; formulating policies, methods of regulation and enhancing the effective utilization of ODA and concessional loans in the fields under their responsibilities.

2. Formulating Outlines of programs and projects and submitting them to competent agencies for approval or approve under their competence as prescribed in Article 13 of this Decree.

3. Coordinating with the Ministry of Finance, the State bank of Vietnam in submission to the Prime Minister relating to conclusion of specific International treaties on ODA and concessional loans for programs and projects managed by them as prescribed in clauses 2 and 3 Article 30 of this Decree.

4. Proposing to the Prime Minister for conclusion of specific International treaties on ODA non-refundable aid specified in this Decree and organizing implementation of such International treaties after signing.

5. Executing the functions of state management of ODA and concessional loans according to sectors or fields under their responsibility in accordance with law.

6. Performing publicly and transparently and taking responsibility for the effective utilization of ODA and concessional loans for programs and projects under their direct management and implementation.

Article 68. Tasks and powers of the provincial People’s Committees

1. Coordinating with the Ministry of Planning and Investment, other ministries, branches and concerned agencies in formulating the strategies and plannings on mobilization and utilization of ODA and concessional loans; formulating policies and measures to coordinate and enhance the effectiveness of the utilization of ODA and concessional loans in their respective provinces or cities.

2. Formulating Outlines of programs and projects and submitting them to competent agencies for approval or approving under their competence as prescribed in Article 13 of this Decree.

3. Coordinating with the Ministry of Finance, the State bank of Vietnam in submission to the Prime Minister relating to conclusion of specific International treaties on ODA and concessional loans for programs and projects managed by them specified in clauses 2 and 3 Article 30 of this Decree and perform such International treaties after signing.

4. Coordinating with the Ministry of Planning and Investment in submission to the Prime Minister for conclusion of specific international treaties on ODA non-refundable aid specified in this Decree and organize implementation of such International treaties after signing.

5. Taking responsibility for directing and organizing the land acquisition, compensation and site clearance for programs and projects in their respective localities in accordance with law, International treaties on ODA and concessional loans to which the Socialist Republic of Vietnam is a contracting party.

6. Executing the functions of state management of ODA and concessional loans in their respective localities in accordance with law.

7. Ensuring publicity and transparency and taking responsibility for the effective utilization of ODA and concessional loans for programs and projects under their direct management and implementation.

8. Arranging funds to pay debts to the central budget for foreign debts with regards to the on-lending programs and projects that apply the mechanism of on-lending of ODA and concessional loans from the central budget to the provincial-level budget.

Article 69. Commendation, handling of violations

1. Organizations and individuals that have outstanding achievements in the implementation of this Decree shall be commended and rewarded in accordance with the law on commendation.

2. Organizations and individuals that violate the provisions of this Decree shall, depending on the nature and severity of their violations, be handled in accordance with law.

Chapter 8.

PROVISIONS OF IMPLEMENTATION

Article 70. Organization for implementation

1. The Ministry of Planning and Investment shall assume the prime responsibility for, and coordinate with relevant agencies to promulgate a Circular guiding implementation of this Decree.

2. The Ministry of Finance shall issue documents guiding implementation of this Decree on financial management, policies on taxes, and charges for ODA and concessional loans under its competence.

Article 71. Effectiveness of implementation

1. This Decree shall come into effective on June 06, 2013 and replace the Government’s Decree No. 131/2006/ND-CP of November 09, 2006, on the management and utilization of official development assistance.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the chairpersons of People’s Committees of central-affiliated cities and provinces, relevant organizations and individuals shall implement this Decree.

 

 

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER





Nguyen Tan Dung

 

ANNEX 1

METHODS OF CALCULATING GRANT ELEMENT OF ODA AND CONCESSIONAL LOANS

(Issued with the Government’s Decree No 38/2013/ND-CP, of April 23, 2013)

Grant elements  are percentage of notional value   of loan reflecting concessional level of ODA and concessional loans. Grant elements are calculated by basing on groups of the following inputs:

1. Interest rate

2. Grace period

3. Maturity for debt payment

Formula calculating grant elements:

Of which:

GE       : Non-refundable component (%)

r           : Annual interest rate (%)

a          :  Times  of  repayment  made  annually  (in  line  with  the  terms  and conditions set by

the lending side)

d          : Discount rate of each period: d = (1 + d') 1/a -1 (%)

d'  : Discount rate of the year (as agreement between the agencies taking main responsibility for negotiation and the lending party) (%)

G  : Grace period (years)

M  : Repayment period (years)

ANNEX IIa

OUTLINE OF PROGRAM OR PROJECT

(Issued with the Government’s Decree No. 38/2012/ND-CP of April 23, 2013)

 I. Program of Project Title

II. Name of Donor, co-donor

III. Name of Line Agency, Project Owner (tentative)

IV. Duration of the Program or Project

V. Context and Necessity of the Program or Project:

1.  The necessity, the role and position of the program or project in the sectoral or provincial development master plan, plan that are relevant to the program or project contents.

2.  Brief  introduction  about  other  completed  and  on-going  programs  and projects  funded  by  different  sources (if any)  with  the  aim  to  support  the  program  or project proposing agency in solving its relevant issues.

3. The demand for financing from ODA and other concessional loans to the program or project.

VI. Basis for Proposing the Donor

The appropriateness of the program or project with the direction of cooperation and priority areas of the donor; the possibility of satisfying the donors’ conditions for the ODA and concessional loan provision from Vietnamese side.

VII. Objectives of the Program or Project

Description about overall and specific objectives of the program or project; the objectives of components (with regards to the programs).

VIII. Beneficiaries of the Program or Project

IX. Brief description about Major Outcomes of the Program or Project

Expected outcomes of the whole program or project, of respective components and items of the program or project.

X. Total Budget of the Program or Project

1.  ODA, concessional loans (in donor’s currency, equivalent to VND and USD).

2.  Counterpart fund and source of counterpart fund (in VND and equivalent to USD).

XI. Proposals of Domestic Financial Mechanism for the Program or Project

Recommendation for domestic financial mechanism applicable to ODA and concessional loans (With regards to the re-lending or on-lending programs or projects) the possibility and plan for debt payment shall be required to clearly state.

XII. Organization for Management and Implementation of the Program or Project

Proposing the modality of organization for the management and implementation of the program or project, in which giving a brief introduction about the working mechanism and relationship among the  concerned  parties: Line Agency, Project Owner, Project Management Unit, Donor and other parties involved in the management and implementation of the program or project.

XIII. Preliminary Analysis and Selection of Construction and Technology plan (with regards to Investment Project only)

XIV. Preliminary Analysis of the Efficiency, Impacts and Sustainability of the Program or Project

1. Economic and social efficiency of the program or project;

2.  Economic, environmental and social impacts to the sector, field and locality (with regards to investment project);

3. Sustainability of the program or project after completion.

XV. Advanced Activities

Upon agreement with the donor, proposing activities as specified in Article 17 in this Decree, in which   stating clearly estimated costs, timeframe, responsibilities of Vietnamese   agencies and the donor, mechanism for implementation of these activities.

ANNEX IIb

OUTLINE OF NON-PROJECT AID

(Issued with the Government’s Decree No. 38/2013/ND-CP, of April 23, 2013)

I. Non-Project Aid Title

II. Name of Donor, co-donor

III. Line Agency and Receiving Unit of Non-Project Aid (Tentative)

IV. Implementation duration of Non-Project Aid

V. Demand for Non-Project Aid

Describe the necessity and demand for non-project aid.

VI. Objectives and Contents of Non-Project Aid

VII. Total Budget of non-project aid

1. ODA loans (in donor’s currency and equivalent to VND and USD).

2.  Counterpart fund and source of counterpart fund (in VND and equivalent to USD).

VIII. Proposals of Domestic Financial Mechanism for non-project aid

Recommendation for domestic financial mechanism applicable for non-project aid. (With regards to the re-lending or on-lending non-project aid) the possibility and plan for debt payment shall be required to clearly state.

ANNEX IIIa

CONTENTS OF INVESTMENT PROJECT DOCUMENTS (FEASIBILITY STUDY REPORT)

(Issued with the Government’s Decree No. 38/2013/ND-CP, of April 23, 2013)

I. Basic Information of the Project

1. Project Title:

2. Name of Donor, co-donor:

3. Name of Line Agency:

a) Address:…………      b) Tel/Fax:……………

4. Project Proposing Agency:

a) Address:…………      b) Tel/Fax:……………

5. Project Owner:

a) Address:…………      b) Tel/Fax:……………

6. Tentative Duration of the Project implementation:

7. Project Location:

II. Background and Necessity of the Project

1. Appropriateness and contributions of the project to the national socio-economic development plan and strategy, sectoral, regional and local development master plans.

2. Relationship with other programs and projects that support to solve the relevant issues of project.

3.  The  necessity  of  the  project,  especially  the  issues  that  need  to  be addressed in the framework of the project.

III. Basis for Proposing the Donor

Stating clearly the appropriateness of the project to the direction of cooperation and priority areas of   the donor; conditions on provision of ODA and other concessional loans of the donor and the possibility of satisfying them from Vietnamese side:

1.  The appropriateness of the objectives of the project with the policies and priorities of the donor.

2.  Analysis  of  reasons  for  selection  and  advantages  of  donors  in  terms  of technology, management experiences, policy advice in the funded sectors, areas.

3.  The tied conditions in the donor’s regulations (if any) and the possibility of satisfying these conditions from Vietnamese side.

IV. Objectives of the Project

1.  Overall objectives

2.  Specific Objectives

3.  Long-term Objectives

4.  Short-term Objectives

V. Description of the Project

Clearly stating the scale of investment, components and activities of the project, analysis of selection of technical and technology plans.

VI. Beneficiaries of the Project

Indicate direct and indirect beneficiaries of the project.

VII. Major outcomes of the Project

Clearly stating expected outcomes of the project (by component, item if any).

VIII. Solution for Project Implementation

1.   General   solution   on   land   clearance, resettlement; and solution   on supporting technical infrastructure construction (if any).

2. Solution on designing and architecture with regards to the civil works in the urban areas and to the civil works having architecture requirements (if any).

3. Technical design options for technological system, machines and equipment (if any).

4. Solutions on exploitation and utilization of the outcomes of the project.

IX. Implementation, Monitoring and Evaluation plans of the Project

1. Implementation plan and advanced activities (if any).

2.  Overall implementation plan and detailed implementation plan of the project in the first year.

3. Monitoring and evaluation plan of the project.

X. Project Impact Assessment

1.  Economic-financial efficiencies and social efficiencies.

2.  Environmental impact assessment, risks and sustainability of the project after it completion.

3.  Monitoring and evaluation mechanism linked to the impacts of the project.

XI. Organization for Management and Implementation of the Project

Clearly  stating  the modality of organization for management and implementation; mechanism of coordination among the agencies involved in process of preparation, implementation and management of the project; capacity of project owner in project organization and management, including financial capacity.

XII. Total Project Budget

Detailed by components and items, budget line for development investment and recurrent expenditures, including:

1. ODA and concessional loans (donor’s currency and equivalent to USD).

2. Counterpart funds (in VND and equivalent to USD). Clearly stating the sources of counterpart fund (allocated from the central or provincial State budget) and in-kind contribution (if any).  Responsibility for allocation of the counterpart funds by different levels of budget agencies and the implementing   agencies and beneficiaries of the project (if any).

VIII. Domestic Financial Mechanism for project

Stating  clearly  the  modalities  of  domestic  financial  mechanism  (granted from the State budget, totally or partly on-lending and partly granted from the State budget). With regards to the on-lending or re-lending projects the justifications on the financial capacity and solutions for repayment shall be required.

1.  With regard to ODA and concessional loans:

- ODA: ………..…. in donor’s currency, equivalent to ………….VND and converted to USD

- Concessional loan:…..….in donor’s currency, equivalent to……..VND and converted to USD

In which:

-  Granted from the State budget for capital construction…………..  % of the total ODA and concessional loans

- Granted from the State budget for recurrent expenditures….……….. % of the total ODA and concessional loans

-  On-lending or re-lending………………………………………% of the total ODA and concessional loans

2.  With regard to counterpart Fund:

Counterpart fund: …………. VND,

Of which:

- In kind: Equivalent to……….. VND

- In cash: ………VND

- Granted from the central State Budget: …………VND (…%) of total counterpart fund.

-  Other sources (specifying clearly):  ………….VND (…%) of total counterpart fund.

XIV. Advanced Activities

Based on the advanced activities in the decision on approval of funding list, clearly stating advanced activities in details as specified in Article 17 of this Decree.

ANNEX IIIb

CONTENTS OF TECHNICAL ASSISTANCE PROJECT DOCUMENT

(Issued with the Government’s Decree No. 38/2013/ND-CP, of April 23, 2013)

I. Basic Information of the Project

1. Project Title:

2. Name of Donor, co-donor:

3. Name of Line Agency:

a) Address:…………      b) Tel/Fax:……………

4. Project Proposing Agency:

a) Address:…………      b) Tel/Fax:……………

5. Project Owner:

a) Address:…………      b) Tel/Fax:……………

6. Tentative Duration of the Project:

7. Project Location:

II. Background and Necessity of the Project

1. Appropriateness and contribution of the project to the national socio-economic development plan and strategy, sectoral, regional and local development master plans.

2.  Relationship with other programs and projects that support to solve the relevant issues of program or project.

3.  The necessity of the project, especially the issues that need to be addressed in the scope of the project.

4. Needs for technical assistance by ODA source.

III. Basis for Proposing the Donor

Stating clearly the appropriateness of the project to the direction of cooperation and priorities of the   donor; conditions on provision of ODA and other concessional loans of the donor and the possibility of satisfying them from Vietnamese side.

 IV. Objectives of the Project

1.  Overall Objectives

2.  Specific Objectives

3.  Long-term Objectives

4.  Short-term Objectives

V. Description of the Project

Components, major activities and results of technical assistance, assessment of possibility of application of the technical assistance in practice.

VI. Beneficiaries of the Project

Clearly indicate direct and indirect beneficiaries of the project.

VII. Implementation, Monitoring and Evaluation plans of the Project

1. Implementation plan and advanced activities (if any).

2.  Overall implementation plan and detailed implementation plan of the project in the first year.

3. Monitoring and evaluation plan of the project.

VII. Organization for Management and Implementation of the Project

Clearly stating the modality of organization for management and implementation; coordination mechanism of the agencies involved in process of preparation, implementation and management of the project; capacity of project owner in organization and management for project implementation.

IX. Total Project Budget

Classified by components and items, the budget line for development investment and recurrent expenditure, including:

1. ODA loans (donor’s currency and converted to USD).

2. Counterpart funds (in VND and converted to USD). Stating the sources of counterpart fund (allocated from the central or provincial State budget) and value of in-kind contribution (if any).  Responsibility for allocation of the counterpart funds by different levels of budget agencies, the implementing agencies and beneficiaries of the project (if any).

 X. Domestic Financial Mechanism for project

Stating clearly the modalities of domestic financial mechanism for technical support source (granted from the State budget, totally or partly on-lending and partly granted from the State budget). With regards to the on-lending or re-lending projects the justifications on the financial capacity and solutions for repayment shall be required.

1.  With regard to ODA and concessional loans:

- ODA: ………..…. in donor’s currency, equivalent to …………..VND and converted to USD

- Concessional loan:…..….in donor’s currency, equivalent to……..VND and converted to USD

In which:

-  Granted from the State budget for capital construction…………..  % of the total ODA and concessional loans.

- Granted from the State budget for recurrent expenditures….……….. % of the total ODA and concessional loans.

-  On-lending or re-lending………………………………………% of the total ODA and concessional loans.

2.  With regard to counterpart Fund:

Counterpart fund: …………. VND,

Of which:

- In kind: Equivalent to……….. VND.

- In cash: ………VND.

- Granted from the central State Budget: …………VND (…%) of total counterpart fund.

-  Other sources (specifying clearly):  ………….VND (…%) of total counterpart fund.

XIV. Advanced Activities

Based on the advanced activities in the decision on approval of funding list, clearly stating advanced activities in details as specified in Article 17 of this Decree.

ANNEX IIIc

CONTENTS OF PROGRAM DOCUMENT

(Issued with the Government’s Decree No.38/2013/ND-CP, of April 23, 2013)

I. Basic Information of the Program

1. Program Title:

2. Name of Donor, co-donor:

3. Name of Line Agency:

a) Address:…………      b) Tel/Fax:……………

4. Program Proposing Agency:

a) Address:…………      b) Tel/Fax:……………

5. Project Owner:

a) Address:…………      b) Tel/Fax:……………

6. Tentative Duration of the Program:

7. Program Location:

II. Background and Necessity of the Program

1.  Appropriateness and contributions of the program to the national socio- economic development plan and strategy, sectoral, regional and local development master plans.

2. Relationship with other programs and projects that support to solve the relevant issues of the program.

3.  The necessity of the program, especially the issues that need to be addressed in the scope of the program.

III. Basis for Proposing the Donor

Stating clearly the appropriateness of the program to the direction of cooperation and priorities of the   donor, tentative co-donor; conditions on provision of ODA and other concessional loans (including policy framework, if any) and the possibility of satisfying them from Vietnamese side:

1.  The appropriateness of proposals for ODA aid with the policies and priorities of the donor.

2.  Analysis of reasons for selection and advantages of donors in terms of technology, management experiences, policy advice in the funded sector and area.

3.  The tied conditions in the donor’s regulations (if any) and the possibility of satisfying these conditions from Vietnamese side.

IV. Objectives of the Program

Clearly stating the overall and specific, long-term and short-term objectives of the program and its components (if any).

VI. Beneficiaries of the Program

Indicate direct and indirect beneficiaries of the program.

VI. Implementation, Monitoring and Evaluation plans of the Program

1. Implementation plan and advanced activities (if any).

2. Overall implementation plan and detailed implementation plan of the program in the first year.

3. Monitoring and evaluation plans of the project.

VII. Major Outcomes of the Program

VIII. Organization for Management and Implementation of the Project

Clearly stating the modality of organization for management and implementation; coordination mechanism of parties involved in process of preparation, implementation and management of the program; capacity of project owner in program organization and management, including financial capacity.

IX. Total Budget of Program

Classified by components, items, and the development investment and recurrent expenditure budget line, including:

1. ODA loans (donor’s currency and converted to USD).

2. Counterpart funds (in VND and converted to USD). Stating the sources of counterpart fund (allocated from the central or provincial State budget) and value of in-kind contribution (if any). Responsibility for allocation of the counterpart funds by different levels of budget agencies, implementing agencies and beneficiaries of the project (if any).

VIII. Domestic Financial Mechanism for program

Stating  clearly  the  modalities  of  domestic  financial  mechanism  (granted from the State budget, totally or partly on-lending and partly granted from the State budget). With regards  to  the  on-lending  or  re-lending  program  the  justifications on the financial capacity and solutions for repayment shall be required.

1.  With regard to ODA and concessional loans:

- ODA: ………..…. in donor’s currency, equivalent to …………..VND and converted to USD

- Concessional loan:…..….in donor’s currency, equivalent to……..VND and converted to USD

In which:

-  Granted from the State budget for capital construction…………..  % of the total ODA and concessional loans.

- Granted from the State budget for recurrent expenditures….……….. % of the total ODA and concessional loans.

-  On-lending or re-lending………………………………………% of the total ODA and concessional loans

2.  With regard to counterpart Fund:

Counterpart fund: …………. VND,

Of which:

- In kind: Equivalent to……….. VND

- In cash: ………VND

- Granted from the central State Budget: …………VND (…%) of total counterpart fund.

-  Other sources (specifying clearly):  ………….VND (…%) of total counterpart fund.

XIV. Advanced Activities

Based on the advanced activities in the decision on approval of funding list, clearly stating advanced activities in details as specified in Article 17 of this Decree.

ANNEX IIId

CONTENTS OF JOINT PROGRAM OR PROJECT DOCUMENT

(Issued with the Government’s Decree No. 38/2013/ND-CP, of April 23, 2013)

I. Basic Information of the Joint Program or Project

1. Joint Program or Project Title:

2. Name of Donor, co-donor:

3. Name of Line Agency that Proposes the Joint Program or Project:

a) Address:…………      b) Tel/Fax:……………

4.  Name of Line Agencies Participating in the Joint Program or Project:

a) Address:…………      b) Tel/Fax:……………

5. Owner of the Joint Program or Project:

a) Address:…………      b) Tel/Fax:……………

6. Tentative Duration of the Joint Program or Project:

7. Joint Program or Project Location:

II. Background and Necessity of the Joint Program or Project

1.  Appropriateness and contributions of the joint program or project to the national socio-economic development plan and strategy, sectoral, regional and local development master plans.

2. Relationship with other programs and projects that support to solve the relevant issues of the joint program or project.

3. The necessity of the joint program or project, especially the issues that need to be addressed in the scope of the program, project.

III. Basis for Proposing the Donor

Stating clearly the appropriateness of the joint program or project to the direction of cooperation and priorities of the donor; conditions on provision of ODA and other concessional loans of the donor and the possibility of satisfying them from Vietnamese side:

1. The appropriateness of the objectives of the joint program or project with the policies and priorities of the donor.

2. Analysis of reasons for selection and advantages of donors in terms of technology, management experiences, policy advice in the funded areas.

3. The tied conditions in the donor’s regulations (if any) and the possibility of satisfying these conditions from Vietnamese side.

IV. Objectives of the Joint Program or Project

Clearly stating overall and specific, long-term and short-term objectives of the joint program or project and its components or sub-projects.

1.  Overall objectives of the joint program or project.

2.  Overall objectives of components or sub-projects.

V. Description of the Joint Program or Project

Clearly stating the contents of activities and expected outcomes of the joint program or project and its component or sub- projects. Stating clearly the relationship among the component or sub-projects and their corresponding resources.

VI. Beneficiaries of the Joint Program or Project

Clearly stating the direct and indirect beneficiaries of the joint program or project and its component or sub-projects.

VII. Solution for Implementation of the Joint Program or Project

1. General   solution   on   land   clearance   and   resettlement;   solution   on supporting technical infrastructure construction (if any).

2. Solution on designing and architecture with regards to the civil works in the urban areas and to the civil works having architecture requirements (if any).

3. Solutions on exploitation and utilization of the outcomes of the joint program or project.

VIII. Implementation, Monitoring and Evaluation plans of the Joint Program or Project

1. Implementation plan and advanced activities (if any).

2. Overall implementation plan and detailed implementation plan of the joint program or project in the first year.

3. Monitoring and evaluation plans of the joint program or project.

 IX. Impact Assessment of the Joint Program or Project

1.  Social, economic and financial efficiencies; environment impacts, risks and sustainability of the joint program or project after its completion.

2.  Monitoring and evaluation mechanisms linked to the impacts of the joint program or project.

X. Organization  for Management and Implementation of the Joint Program or Project

Stating clearly organizational structure of management and implementation of the joint program or project; coordination mechanism of parties engaged in process of preparation for           implementation, implementation  and management of the joint program or project; organization and management capacity of the line agency and the owner of the joint program or project, the  Steering  Committee  of the joint program or project (if any), the  line agencies and project owners of the components or sub-projects, including financial capacity.

XI. Total Budget for Implementation of the Joint Program or Project and its components or sub-projects

Classified by components and items, development investment and recurrent expenditure budget line, plan on financial allocation for agencies participating in joint program or project, including:

1. ODA and concessional loans (donor’s currency and converted to VND and USD).

2. Counterpart funds (in VND and converted to USD). Stating the sources of counterpart fund (allocated from the central or provincial State budget) and value of in-kind contribution (if any). Responsibility for allocation of the counterpart funds by different levels of budget agencies, implementing agencies and beneficiaries of the project (if any).

XII. Domestic Financial Mechanism for joint program, project

Stating clearly the modalities of domestic financial mechanism (granted from the State budget, totally or partly on-lending and partly granted from the State budget). With regards to the on-lending or re-lending projects, the justifications on the financial capacity and solutions for repayment shall be required.

1.  With regard to ODA loans:

- ODA: ………..…. in donor’s currency, equivalent to ………….VND and converted to USD

- Concessional loan:…..….in donor’s currency, equivalent to……..VND and converted to USD

In which:

-  Granted from the State budget for capital construction…………..  % of the total ODA and concessional loans.

- Granted from the State budget for recurrent expenditures….……….. % of the total ODA and concessional loans.

-  On-lending or re-lending………………………………………% of the total ODA and concessional loans

8.  With regard to counterpart Fund:

Counterpart fund: …………. VND,

Of which:

- In kind: Equivalent to……….. VND

- In cash: ………VND

- Granted from the central State Budget: …………VND (…%) of total counterpart fund.

-  Other sources (specifying clearly):  ………….VND (…%) of total counterpart fund.

XIV. Advanced Activities

Based on the advanced activities in the decision on approval of funding list, clearly stating advanced activities in details as specified in Article 17 of this Decree.

 

 


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Số hiệu38/2013/ND-CP
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        Decree No. 38/2013/ND-CP on management and use of official development assistanc
        Loại văn bảnNghị định
        Số hiệu38/2013/ND-CP
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