Circular No. 01/2008/TT-BNG guides the procedures and formalities for signing and implementing international treaties on official development assistance (ODA).

CIRCULAR

Guidelines on the procedures and formalities for concluding and implementing international agreements on official development assistance

official development assistance international sources

Pursuant to the Law on the Conclusion, Ratification, and Implementation of International Treaties dated June 14, 2005;

Pursuant to Decree No. 131/2006/NĐ-CP dated November 9, 2006, issued by the Government, on the management and utilization of official development assistance;

Pursuant to Decree No. 21/2003/NĐ-CP dated March 10, 2003, issued by the Government, on the functions, tasks, and organizational structure of the Ministry of Foreign Affairs;

Implementing the guidance of the Prime Minister as stipulated in Document No. 1908/TTg-QHQT dated November 20, 2006, of the Prime Minister, assigning the Ministry of Foreign Affairs to issue guidelines on the procedures and formalities for concluding and implementing international agreements on ODA;

The Ministry of Foreign Affairs hereby issues guidelines on the procedures and formalities for concluding and implementing international agreements on official development assistance (ODA) as follows:

Part I

GENERAL PROVISIONS

This Circular applies to units under the Ministry of Education and Training; departments of education and training, education and training divisions; preschool education institutions, general education institutions, regular education institutions, teacher training colleges, college of education, universities, universities, academies, other educational institutions, and related organizations and individuals (hereinafter referred to collectively as agencies and units).

Article 1.1. This Circular details the guidelines on the procedures and formalities for concluding and implementing framework international agreements and specific international agreements on official development assistance (hereinafter referred to collectively as international agreements on ODA) as prescribed in Clause 14, Article 4, Articles 9, 20, 21, 22, and Point a, Clause 1, Article 31 of the Management and Utilization Regulations for Official Development Assistance (hereinafter referred to as the Regulations) promulgated together with Decree No. 131/2006/NĐ-CP dated November 9, 2006, of the Government.

Article 1.2. This Circular applies to activities related to concluding and implementing international agreements on ODA conducted by ministries, ministerial-level agencies, government agencies, and other agencies with ODA programs and projects as specified in Clause 15, Article 4 of this Regulation.

Article 2. Responsibilities for submitting to the Government regarding the conclusion and implementation of specific international agreements on ODA when the managing agency is not the proposing agency.

Article 2.1. Cases where the managing agency of ODA programs and projects (collectively referred to as the managing agency) is not the proposing agency as stipulated in Article 21 of the Regulations.

a) In cases where specific international agreements on ODA loans and non-reimbursable ODA are concluded with the World Bank (WB), International Monetary Fund (IMF), and Asian Development Bank (ADB) for ODA programs and projects under the managing agency that is not the State Bank of Vietnam, the State Bank of Vietnam shall be the proposing agency for submitting to the Government on the conclusion and implementation of such international agreements.

b) In cases where specific international agreements on ODA loans are concluded with sponsors other than the WB, IMF, and ADB for ODA programs and projects under the managing agency that is not the Ministry of Finance, the Ministry of Finance shall be the proposing agency for submitting to the Government on the conclusion and implementation of such international agreements.

c) In cases where specific international agreements on non-reimbursable ODA are concluded with sponsors other than the WB, IMF, and ADB for ODA programs and projects under the managing agency which is an agency of the National Assembly, an agency assisting the National Assembly, the State Audit Agency, People's Committees of provinces and centrally governed cities, or central agencies of political-social organizations, political-social-professional organizations, or professional organizations, the Ministry of Planning and Investment shall be the proposing agency for submitting to the Government on the conclusion and implementation of such international agreements.

d) In cases where specific international agreements on non-reimbursable ODA mentioned in Point c of this Section are concluded along with specific international agreements on ODA loans with the same sponsor for the same ODA program and project, the Ministry of Finance shall be the proposing agency for submitting to the Government on the conclusion and implementation of such international agreements.

Article 2.2. The managing agency as stipulated in Section 2.1 of this Part shall have the responsibility to:

a) Draft the specific international agreement on ODA, translate the draft into Vietnamese, and submit it to the proposing agency; coordinate with the proposing agency to compare the text and the Vietnamese translation of the international agreement;

b) Provide the proposing agency with necessary information for the proposing agency to submit to the Government on negotiating, signing, ratifying, approving, interpreting, amending, supplementing, extending, temporarily suspending the implementation, or terminating the effectiveness of specific international agreements on ODA;

c) Participate or lead negotiations, organize the signing ceremony of specific international agreements on ODA according to the Government's authorization decision;

d) Develop a plan for implementing specific international agreements on ODA and submit it to the proposing agency for the proposing agency to submit to the Government for approval as provided in Section 1.1 of Part III of this Circular;

đ) In cases where the managing agency receives notifications from the sponsor regarding the ratification, approval, date of effect, interpretation, amendment, supplementation, extension, temporary suspension of implementation, termination of effectiveness of specific international agreements on ODA, or the completion of ODA programs and projects under such international agreements, the managing agency shall be responsible for sending these notifications to the proposing agency and the Ministry of Foreign Affairs;

e) Submit annual reports on the implementation of specific international agreements on ODA to the proposing agency and the Ministry of Foreign Affairs.

Part II

PROCEDURES AND FORMALITIES FOR CONCLUDING INTERNATIONAL AGREEMENTS ON ODA

1. Drafting international agreements on ODA

1.1. Prior to submitting to the Government for negotiation and signing of international agreements on ODA as stipulated in Article 9 or Article 22 of the Regulations, the proposing agency shall be responsible for drafting the international agreement on ODA; in cases where the managing agency is not the proposing agency, the managing agency shall be responsible for drafting the international agreement on ODA and submitting it to the proposing agency.

1.2. In cases where the proposing agency submits to the Government a draft international agreement on ODA with the same sponsor as a basis for negotiating similar international agreements on ODA

a) The draft international agreement on ODA submitted to the Government shall include the main commitments of Vietnam and the sponsor, options for specific issues (if any), and shall be based on the model draft of the international agreement of the sponsor (if available) and previously signed international agreements on ODA;

b) The procedures, formalities, and documents for submitting to the Government for approval of a draft international agreement on ODA with the same sponsor as a basis for negotiating similar international agreements on ODA shall be carried out in accordance with Point a of Section 4.2 and Section 4.3 of this Part.

The proposing agency may simultaneously submit to the Government for negotiation and signing of international agreements on ODA and recommend that the Government approve the draft international agreement on ODA as a basis for negotiating similar international agreements on ODA.

c) The draft international agreement on ODA approved by the Government serves as a basis for drafting each similar international agreement on ODA for negotiation with the donor.

2. Translation, review, and comparison of texts, Vietnamese translations of international agreements on ODA

2.1. In cases where the international agreement on ODA is only signed in a foreign language, the proposing agency shall be responsible for translating the international agreement into Vietnamese in accordance with Article 16 of the Law on Signing, Joining, and Implementing International Agreements (hereinafter referred to as the Law). If the managing agency is not the proposing agency, the managing agency shall be responsible for translating the international agreement into Vietnamese and submitting it to the proposing agency.

2.2. The proposing agency shall be responsible for reviewing and comparing the Vietnamese text or Vietnamese translation with the original text in a foreign language of the international agreement on ODA to ensure accuracy of content and consistency in form.

2.3. The opinion of the Ministry of Foreign Affairs regarding the review and comparison of the text of the international agreement on ODA (as stipulated in Article 16 of the Law) shall be included in the inspection opinion of the Ministry of Foreign Affairs (as stipulated in Article 10 of the Law) after receiving the document seeking comments from the proposing agency (as stipulated in Article 12 of the Law) along with the draft international agreement in both Vietnamese and a foreign language, and the Vietnamese translation of the international agreement in cases where the international agreement is only signed in a foreign language.

3. Delegation of authority for negotiating and signing international agreements on ODA

3.1. Cases of delegation of authority for negotiating and signing individual international agreements on ODA

a) The proposal of the proposing agency regarding the representative authorized to negotiate and sign the international agreement on ODA shall be stated in the report submitted to the Government for negotiating and signing the international agreement;

b) The person authorized by the Government to negotiate and sign individual international agreements on ODA according to the proposal of the proposing agency as stipulated in Clause 5, Article 23 of the Law is:

A leader of a ministry or another representative of the proposing agency; or

The head of the managing agency (in cases where the managing agency is not the proposing agency); or

The head of the diplomatic mission of the Socialist Republic of Vietnam abroad in cases where negotiations and signings take place abroad; or

A leader of another ministry or sector.

3.2. Cases of delegation of authority for negotiating and signing multiple international agreements on ODA with the same donor

a) In cases where the proposing agency submits to the Government for delegating authority to one or more representatives of the proposing agency to negotiate and sign multiple international agreements on ODA with the same donor, the procedures are carried out in accordance with Articles 10, 12, 14, 15, and from Article 17 to Article 21 of the Law;

b) The document of the international agreement in the dossier submitted to the Government is a copy of the previously signed international agreement on ODA with the donor, or a draft international agreement on ODA including the main contents and options for specific issues (if any) to serve as a basis for negotiating with the donor;

c) The person authorized by the Government to negotiate and sign multiple international agreements on ODA with the same donor is one or more leaders of a ministry or other representatives of the proposing agency.

Based on the Government's decision to delegate authority for negotiating multiple international agreements on ODA with the same donor, the representative of the proposing agency shall organize negotiations with the donor regarding each international agreement on ODA.

The signing of international agreements on ODA shall be carried out after ensuring the conditions specified in points a and c of Section 6.1 and Section 6.2 of this Part.

3.3. Diplomatic procedures for issuing authorization letters

a) The Ministry of Foreign Affairs completes the diplomatic procedures for issuing authorization letters for negotiating and signing individual international agreements on ODA or authorization letters for negotiating and signing multiple international agreements on ODA with the same donor;

b) The time limit for issuing authorization letters shall not exceed five (5) working days, counted from the date of receipt of the Government's authorization decision, or from the date of receipt of the written notification from the proposing agency providing the name and position of the authorized person, the name in Vietnamese and a foreign language of the international agreement on ODA (in cases where these details have not been clearly stated in the Government's authorization decision as stipulated in Clause 3, Article 24 of the Law).

3.4. In cases where there is a change in the person authorized by the Government to negotiate and sign individual international agreements on ODA or the person authorized once to negotiate and sign multiple international agreements on ODA with the same donor, the proposing agency shall promptly submit to the Government for decision in accordance with Clause 4, Article 24 of the Law; the Ministry of Foreign Affairs shall complete the diplomatic procedures for issuing authorization letters in accordance with Section 3.3 of this Part.

4. Procedures and formalities for submitting to the Government for negotiating and signing international agreements on ODA

4.1. Except in cases where the proposing agency has already been authorized by the Government to negotiate multiple international agreements on ODA with the same donor, the proposing agency shall be responsible for submitting to the Government for negotiating and signing international agreements on ODA. If the managing agency is not the proposing agency, the managing agency shall be responsible for providing necessary information to the proposing agency so that the proposing agency can submit to the Government for negotiating and signing specific international agreements on ODA.

4.2. Procedures and formalities for submission to the Government

a) Except in cases provided for in points b and c of this section, the procedures and formalities for submitting to the Government for negotiating and signing international agreements on ODA shall be carried out in accordance with Articles 10, 12, 14, and from Article 17 to Article 21 of the Law;

b) In cases where urgent negotiations and signings of international agreements on ODA need to be conducted according to the Prime Minister's directive, or due to the donor's request, and the time remaining for conducting negotiations and signings of such international agreements is a maximum of forty-five (45) days, the procedures and formalities for submitting to the Government for negotiating and signing such international agreements shall be carried out as follows:

The proposing agency shall simultaneously submit the file for soliciting opinions from agencies and organizations related to the content of international treaties, the inspection opinion of the Ministry of Foreign Affairs, and the examination opinion of the Ministry of Justice; the file includes the document requesting comments, the draft Memorandum to the Government, and other documents specified in Section 4.3 of this Part.

Agencies and organizations related to the content of international treaties on ODA are responsible for submitting written responses to the proposing agency within no more than five (5) working days from the date of receipt of the file from the proposing agency. Written responses from agencies and organizations related to the content of the draft international treaty on ODA shall be sent simultaneously to the proposing agency, the Ministry of Foreign Affairs, and the Ministry of Justice.

The Ministry of Foreign Affairs shall send the inspection opinion on the proposal for negotiating and signing international treaties on ODA to the proposing agency within no more than five (5) working days from the date of receiving the complete file from the proposing agency and the opinions of agencies and organizations related to the content of the draft international treaty on ODA.

The Ministry of Justice shall examine international treaties on ODA in accordance with Article 19 of the Regulation on Examination of International Treaties issued together with Decision No. 06/2006/QĐ-BTP dated July 24, 2006, of the Minister of Justice.

Immediately upon receipt of the written responses from relevant agencies and organizations, the proposing agency shall present to the Government the matter of negotiating, or negotiating and signing international treaties on ODA.

c) In cases where the representative of the proposing agency has been authorized by the Government to sign international treaties on ODA with the same donor, after concluding negotiations on the draft international treaty on ODA, the proposing agency shall present to the Government the matter of signing the international treaty on ODA according to the procedures and formalities stipulated in Section 6.2 of this Part.

4.3. Files of the proposing agency submitted to the Government

a) The Memorandum to the Government on the matter of negotiating, or negotiating and signing international treaties on ODA of the proposing agency shall include the contents prescribed in Article 14 of the Law.

For international treaties on ODA that must be approved in accordance with Article 43 of the Law, the proposing agency may request the Government to allow signing and completing the effectiveness procedure (approval) of such international treaties, while entrusting the proposing agency to coordinate with the Ministry of Foreign Affairs to carry out the diplomatic procedures for completing the effectiveness of such international treaties, provided that the proposing agency ensures that the text of the international treaty on ODA will not be changed compared to the draft treaty approved by the Government for signing.

b) Attached documents to the Memorandum to the Government of the proposing agency as prescribed in points b, c, and d of Clause 1 of Article 15 of the Law.

In cases where the matter of signing specific international treaties on ODA is presented to the Government, the necessary documents prescribed in point d of Clause 1 of Article 15 of the Law shall include the decision approving the program/project document of ODA by the competent authority in accordance with the Regulation, the letter or notification of the donor requesting to sign such international treaty (if any), and other documents (if necessary).

4.4. The proposing agency shall coordinate with the Office of the Government in cases where the Government presents or reports to the President or the Standing Committee of the National Assembly as prescribed in points b, c, and d of Clause 4 of Article 12, and Clauses 2 and 3 of Article 15 of the Law.

5. Negotiation of international treaties on ODA

5.1. Based on the Government's decision authorizing negotiation of each international treaty on ODA or authorizing negotiation of international treaties on ODA with the same donor, the representative authorized by the Government shall lead the negotiation with the donor regarding the international treaty on ODA.

5.2. Upon completion of negotiations, the representative authorized by the Government to negotiate shall have the authority to sign off on the draft international treaty on ODA and sign a negotiation record with the representative of the donor to record the results of the negotiation after reviewing and comparing the draft text of the international treaty.

6. Signing international treaties on ODA

6.1. Prior to organizing the signing ceremony of the international treaty on ODA, the proposing agency shall be responsible for completing the signing procedures of such international treaty in accordance with Clause 1 of Article 27 of the Law. The signing procedures of the international treaty on ODA are completed when the following conditions are ensured:

a) The Government has decided to agree with the draft international treaty on ODA and allowed its signing;

b) The representative signing the international treaty on ODA has been authorized by the Government;

c) The proposing agency has completed the review and comparison of the Vietnamese text with the foreign language text of the international treaty on ODA to ensure accuracy of content and consistency in form.

6.2. In cases where the representative of the proposing agency authorized by the Government to sign international treaties on ODA with the same donor completes negotiations on the draft international treaty on ODA or the draft international treaty on ODA has been approved by the Government for signing but changes occur during negotiations as stipulated in Clause 3 of Article 27 of the Law, the proposing agency shall present to the Government the matter of signing such international treaty and can only sign it after obtaining the Government's decision to sign. The procedures and formalities for presenting to the Government are as follows:

a) Solicit the inspection opinion of the Ministry of Foreign Affairs if the changes arising during negotiations relate to the contents prescribed in points b, c, and d of Article 10 of the Law, or relate to the capacity to sign, level of signature, and effectiveness of the international treaty; the document soliciting opinions of the proposing agency needs to clearly state the changes and attach the draft international treaty.

The Ministry of Foreign Affairs shall be responsible for sending written responses to the proposing agency within no more than five (5) working days from the date of receipt of the document soliciting opinions from the proposing agency.

b) Solicit the examination opinion of the Ministry of Justice if the changes arising during negotiations may lead to amendments, supplements, or issuance of new regulatory legal documents; the examination shall be carried out in accordance with Article 20 of the Regulation on Examination of International Treaties issued together with Decision No. 06/2006/QĐ-BTP dated July 24, 2006, of the Minister of Justice.

c) In the case where the content changes arising during negotiations relate to areas under the management of another agency, the opinion of that agency shall be sought; the agency asked for its opinion shall be responsible for sending its written response to the proposing agency within no more than five (5) working days from the date of receipt of the document requesting opinions from the proposing agency;

d) After receiving the written opinions of the agencies specified in points a, b, and c of this Section, the proposing agency shall submit to the Government for approval of the international agreement; the dossier submitted to the Government includes the documents prescribed in Section 4.3 of this Part.

6.3. Based on the decision of the Government allowing the signing of international agreements on ODA, the proposing agency shall be responsible for completing the printing of the text of the international agreement, organizing the signing ceremony of the ODA international agreement in accordance with Clause 6 of Article 23, Clause 1 and Clause 2 of Article 27, Article 28, and Article 29 of the Law.

In the case where the managing agency is not the proposing agency, the managing agency shall be responsible for participating or chairing the organization of the signing ceremony of the specific ODA international agreement according to the authorization decision of the Government.

7. Procedures and formalities for submitting for approval of international agreements on ODA

7.1. For international agreements on ODA that must be ratified in accordance with Article 31 of the Law, the proposing agency shall be responsible for submitting to the Government for approval of the international agreement so that the Government can submit it to the President; in the case where the managing agency is not the proposing agency, the managing agency shall be responsible for providing the necessary information to the proposing agency so that the proposing agency can submit to the Government for approval of the specific ODA international agreement.

7.2. Procedures and formalities for submitting to the Government

a) Except in the case provided for in point b of this Section, the procedures and formalities for submitting to the Government for ratification of international agreements on ODA shall be carried out in accordance with Clauses 1, 2, and 3 of Article 38 of the Law;

b) In the case where it is necessary to urgently submit to the Government for ratification of international agreements on ODA at the direction of the Prime Minister, or due to the request of the donor and the deadline for completing the effectiveness procedures of the international agreement is only up to thirty (30) days, the procedures and formalities shall be carried out as follows:

The proposing agency shall send the dossier requesting opinions of the Ministry of Foreign Affairs and relevant agencies and organizations on the ratification of the international agreement on ODA by express mail;

The agencies and organizations requested for their opinions shall be responsible for replying in writing to the proposing agency within no more than five (5) working days from the date of receipt of the dossier from the proposing agency;

Immediately upon receipt of the written replies from the relevant agencies and organizations, the proposing agency shall submit to the Government for ratification of the international agreement on ODA so that the Government can submit it to the President.

7.3. The dossier of the proposing agency sent to seek opinions of the Ministry of Foreign Affairs and relevant agencies and organizations on the ratification of the international agreement on ODA includes:

a) A document of the proposing agency requesting contributions;

b) A draft Memorandum to the Government of the proposing agency as prescribed in point a of Clause 1 of Article 40 of the Law;

c) A copy of the international agreement on ODA (including the annexes of the international agreement), a Vietnamese translation in the case where the international agreement is signed only in a foreign language.

7.4. The dossier of the proposing agency submitted to the Government for ratification of the international agreement on ODA includes the documents prescribed in Clause 1 of Article 40 of the Law.

7.5. The proposing agency shall coordinate with the Office of the Government to have the Government submit to the President for ratification of the international agreement on ODA; coordinate with the Office of the President in the case where the President submits to the National Assembly for ratification of the international agreement on ODA as prescribed from Article 33 to Article 39 of the Law.

8. Procedures and formalities for submitting for approval of international agreements on ODA

8.1. For international agreements on ODA that must be approved by the Government in accordance with Article 43 of the Law, but the Government's decision allowing the signing of the international agreement does not include the content allowing completion of the approval effectiveness procedures of the international agreement, the proposing agency shall submit to the Government for approval of the international agreement; in the case where the managing agency is not the proposing agency, the managing agency shall be responsible for providing the necessary information to the proposing agency so that the proposing agency can submit to the Government for approval of the specific ODA international agreement.

8.2. Procedures and formalities for submitting to the Government

a) In the case provided for in point b of this Section, the procedures and formalities for submitting to the Government for approval of the international agreement on ODA shall be carried out in accordance with Article 45 of the Law,

b) In the case where it is necessary to urgently submit to the Government for approval of the international agreement on ODA at the direction of the Prime Minister, or due to the request of the donor and the deadline for completing the effectiveness procedures of the international agreement is only up to twenty (20) days, the procedures and formalities for submitting to the Government for approval of the international agreement on ODA shall be carried out similarly to the provisions of point b of Section 7.2 of this Part.

8.3. The dossier of the proposing agency sent to seek opinions of the Ministry of Foreign Affairs and relevant agencies and organizations on the approval of the international agreement on ODA includes:

a) A document of the proposing agency requesting contributions;

b) A draft Memorandum to the Government of the proposing agency as prescribed in Clause 1 of Article 46 of the Law;

c) A copy of the international agreement on ODA (including the annexes of the international agreement), a Vietnamese translation in the case where the international agreement is signed only in a foreign language.

8.4. The dossier of the proposing agency submitted to the Government for approval of the international agreement on ODA includes the documents prescribed in Article 46 of the Law.

9. Notification of ratification, approval, and effective date of international agreements on ODA

9.1. Except in the case provided for in Section 9.2 of this Part, the Ministry of Foreign Affairs shall notify the donor about the ratification or approval of the international agreement on ODA in accordance with Articles 41 and 47 of the Law within no more than five (5) working days from the date of receipt of the document of the competent state agency regarding the ratification or approval of the international agreement on ODA and the original of the international agreement on ODA sent by the proposing agency.

9.2. In case the Government's decision permits the signing and simultaneously completes the procedure for the effectiveness (approval) of international treaties on ODA, the Ministry of Foreign Affairs shall notify the donor about the completion of the approval procedure for that international treaty within no more than five (5) working days from the date of receipt of the proposal agency's document requesting such action along with the original copy of the international treaty on ODA.

9.3. The Ministry of Foreign Affairs shall notify relevant agencies and organizations about the effective date of international treaties on ODA in accordance with Clause 4, Article 41 and Clause 3, Article 47 of the Law.

9.4. In case the proposing agency or the managing agency receives notification from the donor regarding the ratification, approval, or effective date of an international treaty on ODA, such agency shall be responsible for notifying the Ministry of Foreign Affairs within no more than five (5) working days from the date of receipt of the donor's notification.

Part III

PROCEDURE AND FORMALITIES FOR IMPLEMENTATION OF INTERNATIONAL TREATIES ON ODA

1. Procedure and formalities for submitting to the Prime Minister for approval of the implementation plan of international treaties on ODA

1.1. For the implementation plan of framework international treaties on ODA or specific international treaties on ODA where the program/project ODA documentation falls under the approval authority of the Prime Minister as stipulated in Clause 1, Article 19 of the Regulation, the proposing agency shall submit to the Prime Minister for a decision on the implementation plan of the international treaty when the implementation plan of the international treaty on ODA is not specified in the treaty (or in its annexes); or has not been approved by the Prime Minister when deciding to permit or approve the international treaty.

In case the managing agency is not the proposing agency, the managing agency shall be responsible for drafting the implementation plan of the specific international treaty on ODA and send it to the proposing agency for submission to the Prime Minister for approval.

1.2. The procedure and formalities for submitting to the Prime Minister as provided in Section 1.1 of this Part shall be carried out in accordance with Article 72 of the Law.

1.3. Implementation Plan of International Treaties on ODA

a) For framework international treaties on ODA, the implementation plan includes the main contents prescribed in Clause 2, Article 71 of the Law;

b) For specific international treaties on ODA for ODA programs/projects (except for ODA budget support), the implementation plan includes the implementation plan of the ODA program/project specified in the treaty or its annexes, other measures to implement the treaty (if any);

c) For specific international treaties on ODA aimed at budget support, the implementation plan is the main policy framework of the program already approved by the competent authority, disbursement conditions or repayment conditions specified in the treaty or its annexes.

2. Procedure and formalities for submitting to the Government regarding the interpretation, temporary suspension, or termination of the effectiveness of specific international treaties on ODA

2.1. During the implementation of specific international treaties on ODA, if issues arise related to the interpretation, temporary suspension, or termination of the effectiveness of international treaties on ODA, the project manager shall promptly report to the managing agency.

In case the managing agency is not the proposing agency submitting to the Government for the conclusion of international treaties on ODA as stipulated in Article 21 of the Regulation, the managing agency shall notify and coordinate with the proposing agency for the proposing agency to submit to the Government regarding the interpretation, temporary suspension, or termination of the effectiveness of specific international treaties on ODA.

2.2. Based on the request of either Vietnam or the foreign signatory, the proposing agency shall be responsible for:

a) Submitting to the Government for the interpretation of international treaties according to the procedures and formalities prescribed from Article 74 to Article 78 of the Law;

b) Submitting to the Government for the temporary suspension or termination of the effectiveness of international treaties on ODA according to the procedures and formalities prescribed in Article 94 and Article 95 of the Law.

3. Procedure and formalities for submitting regarding the amendment, supplementation, extension of specific international treaties on ODA

3.1. In case there arises a need for changes to specific international treaties on ODA as stipulated in Point a, Clause 1, Article 31 of the Regulation, the ODA project manager shall promptly submit a report to the managing agency regarding the need to amend, supplement, or extend the specific international treaty on ODA (including its annexes).

In case the managing agency is not the proposing agency submitting to the Government for the conclusion of specific international treaties on ODA as stipulated in Article 21 of the Regulation, the managing agency shall notify and coordinate with the proposing agency for the proposing agency to submit to the Government.

3.2. The proposing agency which has submitted to the Government for the conclusion of specific international treaties on ODA shall be responsible for submitting to the Government for the amendment, supplementation, or extension of such treaties according to the following procedures and formalities:

a) In case the amendment, supplementation, or extension of specific international treaties on ODA is carried out through exchange of letters or diplomatic notes, the procedures and formalities for submitting to the Government for the amendment, supplementation, or extension of such treaties shall be carried out in accordance with Articles 80 to 83 of the Law.

Notification of external and internal matters regarding the amendment, supplementation, extension of international treaties shall be carried out in accordance with Section 4 of this Part.

b) In case a new international treaty is required to be concluded for the amendment, supplementation, or extension of specific international treaties on ODA, the proposing agency shall submit to the Government according to the procedures and formalities prescribed in Section 4, Part II of this Circular.

Based on the written decision of the competent state agency regarding the amendment, supplementation, or extension of specific international treaties on ODA, the proposing agency shall take the lead in coordinating with the managing agency (in case the managing agency is not the proposing agency) to organize the signing ceremony of the new international treaty on the amendment, supplementation, or extension of specific international treaties on ODA and send the signed new international treaty to the Ministry of Foreign Affairs.

4. Notification regarding the interpretation, amendment, supplementation, extension, temporary suspension, or termination of the effectiveness of international treaties on ODA

4.1. The Ministry of Foreign Affairs shall notify the donor and relevant agencies and organizations in accordance with Articles 79, 84, and 96 of the Law after receiving in writing the decision of the competent state agency regarding the interpretation, amendment, supplementation, extension, temporary suspension of implementation, termination of effect of international treaties on ODA, except where such decision authorizes otherwise.

4.2. In case the proposing agency or the managing agency receives from the donor a notification regarding the interpretation, amendment, supplementation, extension, temporary suspension of implementation, or termination of effect of international treaties on ODA, such agency shall be responsible for notifying the Ministry of Foreign Affairs within no more than five (5) working days from the date of receipt of the donor's notification.

4.3. In case the international treaty on ODA terminates its effect or concludes its term of validity as stipulated in the treaty itself or agreed upon with the donor, the proposing agency shall promptly notify the Ministry of Foreign Affairs of the date of termination of effect or conclusion of the term of validity, along with related information (as specified in Section 4.4 of this Part) concerning the status of effectiveness of that international treaty.

For specific international treaties on ODA, when the managing agency submits to the Ministry of Planning and Investment the Final Report on the completion of ODA programs and projects (in accordance with point d, Clause 1, Article 36 of the Regulation), it shall simultaneously submit such report to the Ministry of Foreign Affairs, accompanied by information (as specified in Section 4.4 of this Part) on the status of effectiveness of that international treaty, no later than six months after the completion of the program or project.

4.4. Information on the status of effectiveness of international treaties on ODA includes:

a) The effective date and term of validity of the international treaty on ODA, including the term of ODA programs and projects under that treaty, accompanied by a copy of the relevant notification from the donor (if applicable);

b) The date and content of amendments and supplements to the international treaty on ODA (including annexes); the date and term of extension, the date of termination of effect, and the date of conclusion of the term of validity of the international treaty (including extensions and conclusions of ODA programs and projects under that treaty): accompanied by a copy of the decision of the competent authority of Vietnam and the relevant notification from the donor (if applicable).

5. Annual reporting on the implementation of international treaties on ODA

5.1. When the managing agency submits to the Ministry of Planning and Investment the Annual Report on the implementation of ODA programs and projects in accordance with point c, Clause 1, Article 36 of the Regulation, it shall simultaneously submit such report to the Ministry of Foreign Affairs, attaching information (as specified in Section 4.4 of this Part) on the status of effectiveness of the specific international treaty on ODA for those programs and projects.

5.2. When the Ministry of Planning and Investment submits to the Prime Minister the Annual Report on the management and implementation of ODA programs and projects in accordance with Clause 9, Article 39 of the Regulation, it shall simultaneously submit such report to the Ministry of Foreign Affairs for consolidation into the Annual Report on the signing, accession, and implementation of international treaties as prescribed by the Law.

Part IV

IMPLEMENTATION

1. This Circular takes effect fifteen (15) days from the date of publication in the Official Gazette.

2. During the implementation of this Circular, if there are any difficulties, the proposing agency, the managing agency, and relevant agencies and organizations shall promptly notify the Ministry of Foreign Affairs for coordination and resolution./.