Circular No. 02/2000/TT-BKHĐT guiding the implementation of the Regulation on Foreign Experts pursuant to Decision No. 211/1998/QĐ-TTg stipulates the scope of application, procedures for confirming ODA programs, and tax exemptions for foreign experts at customs. This circular aims to strictly manage the use of experts in ODA programs and projects.
适用范围
The foreign side (including the Government, United Nations organizations, international financial institutions, and international development cooperation agencies) and foreign experts implementing ODA programs and projects in Vietnam are covered. This does not apply to diplomatic staff or individuals from foreign countries who sign contracts with foreign contractors.
要点
- Foreign experts directly dispatched to Vietnam by the foreign side or invited/hired by the Vietnamese side to implement ODA programs and projects are exempted from customs duties and other fees upon entry and exit according to regulations.
- The Ministry of Planning and Investment confirms ODA programs and projects using foreign experts through a confirmation procedure, where the project management agency must submit a request letter along with specific information.
- Foreign experts are not within the scope of application of the Regulation on Foreign Experts if they are diplomatic staff or individuals signing contracts with foreign contractors to provide goods and services for ODA activities in Vietnam.
- In cases where the confirmation of ODA programs and projects using foreign experts is refused, the Ministry of Planning and Investment must issue a formal response letter clearly stating the reasons.
- This circular takes effect fifteen days from the date of signature.
🌐 本文件的社会影响
- Positive impact: Strictly managing the use of foreign experts in ODA programs helps ensure the rights and obligations of the experts.
- Negative impact: It may cause difficulties for the entry and work of foreign experts if the regulations are not followed properly.
- Foreign experts may face obstacles when signing contracts with foreign contractors to carry out ODA activities in Vietnam.
❓ 常见问题
What types of taxes are foreign experts exempted from?
Foreign experts and their relatives are exempted from customs duties, taxes, and other fees upon entry and exit according to Article 7 of the Regulation on Foreign Experts.
What is the procedure for confirming ODA programs?
The project management agency submits a request letter to the Ministry of Planning and Investment along with specific information, and within ten days of receiving the letter, the Ministry of Planning and Investment confirms or refuses confirmation.
Are foreign experts invited/hired by the Vietnamese side within the scope of application of the Regulation on Foreign Experts?
Yes, foreign experts invited/hired by the Vietnamese side to implement ODA programs and projects are also within the scope of application of the Regulation on Foreign Experts.
How are the reasons for refusing to confirm ODA programs and the use of foreign experts stated?
The Ministry of Planning and Investment must issue a formal response letter clearly stating the reasons for refusal.
When does this circular take effect?
This circular takes effect fifteen days from the date of signature.
全文
CIRCULAR
Guidelines for Implementing the Regulation
Foreign Experts Issued Along with Decision Number
211/1998/QĐ-TTg dated October 31, 1998 of the Prime Minister
_______________________________
Pursuant to Decision Number 211/1998/QĐ-TTg dated October 31, 1998 of the Prime Minister on the issuance of the Regulation on foreign experts implementing ODA programs and projects in Vietnam.
To strictly manage the use of experts in ODA programs and projects and ensure the rights and obligations of these experts, the Ministry of Planning and Investment provides guidance as follows:
II- SUPPORT MEASURES FOR STATE-OWNED AGRICULTURAL FARMS AND FORESTRY COMPANIES IN THE FIELD OF SCIENCE AND TECHNOLOGY
1- The scope and applicability of the Regulation on foreign experts are stipulated in Article 1 and explained along with some other terms as provided in Article 5 of the Regulation on foreign experts, now guiding in detail:
a) Foreign entities include:
- Foreign governments;
- United Nations organizations (UN): United Nations Development Programme (UNDP), United Nations Population Fund (UNFPA), World Food Programme (WFP), United Nations Children's Fund (UNICEF), United Nations Conference on Trade and Development (UNCTAD), United Nations High Commissioner for Refugees (UNHCR), etc...
- Specialized UN agencies: United Nations Industrial Development Organization (UNIDO), Food and Agriculture Organization of the United Nations (FAO), United Nations Capital Development Fund (UNCDF), World Health Organization (WHO), United Nations Educational, Scientific and Cultural Organization (UNESCO), World Intellectual Property Organization (WIPO), International Maritime Organization (IMO), etc...
- Self-governing UN organizations: World Tourism Organization (WTO), International Atomic Energy Agency (IAEA), etc...
- Inter-governmental organizations: European Union (EU), Organisation for Economic Co-operation and Development (OECD), Association of Southeast Asian Nations (ASEAN), Asia-Pacific Economic Cooperation (APEC), International Organization of La Francophonie (IOF), etc...
- International financial institutions and international development cooperation agencies: World Bank (WB), Asian Development Bank (ADB); Nordic Investment Bank (NIB); Nordic Development Fund (NDF), International Fund for Agricultural Development (IFAD), Organization of Petroleum Exporting Countries (OPEC); Kuwait Fund, Abu Dhabi Fund, Japan Bank for International Cooperation (JBIC), Japan International Cooperation Agency (JICA), Agence Française de Développement (AFD), etc... (excluding International Monetary Fund (IMF)).
b) Foreign experts implementing ODA programs and projects (referred to as experts) are individuals with foreign nationality, including:
- Experts directly dispatched by foreign entities to Vietnam for research, design, planning, or implementation of ODA programs and projects (including inspection, supervision of construction, technical advice, and evaluation) according to provisions or agreements in international treaties on ODA signed between the Vietnamese Party and the foreign party and notified in writing beforehand by the foreign party to the Vietnamese Party;
- Experts designated by the Vietnamese Party to invite or hire to Vietnam for research, design, planning, implementation of ODA programs and projects (including inspection, supervision of construction, technical advice, and evaluation) according to provisions or agreements in international treaties on ODA signed between the Vietnamese Party and the foreign party.
2- Other subjects (including certain specific subjects listed below) are not within the scope of application of the Regulation on foreign experts:
- Diplomatic staff;
- Individuals from foreign organizations who enter into contracts or agreements separately with foreign contractors to provide goods or services for part or all of the activities under ODA programs and projects in Vietnam, regardless of the functions or tasks they undertake or the nature of their work;
- Individuals dispatched by foreign contractors to represent, manage, research, design, plan, implement ODA programs and projects (including inspection, supervision of construction, technical advice, and evaluation) in Vietnam but not specified or agreed upon in international treaties on ODA signed between the Vietnamese Party and the foreign party;
3- In cases where there are different provisions in international treaties that Vietnam has joined or signed, such provisions shall be implemented according to those treaties.
II - SPECIFIC PROVISIONS
1- Exemptions for experts:
When entering and exiting the country, exemptions from customs duties, taxes, and other fees for experts and their dependents (except storage fees, transportation charges, and similar service fees) are carried out in accordance with the provisions of Article 7 of the Regulation on foreign experts and Circular No. 08/1998/TT-TCHQ dated November 16, 1998 of the General Department of Customs.
2- Procedures for confirming ODA programs and projects:
The Ministry of Planning and Investment, based on the requirements of relevant parties, conducts verification and confirmation of ODA programs and projects and activities involving foreign experts.
The procedures are as follows:
- The project management agency sends a request letter to the Ministry of Planning and Investment along with specific details regarding the acceptance of experts according to the prescribed form in Appendix I and must bear responsibility for the accuracy of the information provided.
If there is a confirmation or notification letter from the foreign entity regarding the dispatch of experts, it must be attached to the project management agency's request for confirmation letter.
If the Vietnamese Party designates the invitation or hiring of experts, it must attach the project management agency's request for confirmation letter along with all related documents concerning the invitation or hiring of experts.
- Within ten days from receiving the request letter, the Ministry of Planning and Investment will verify each case individually, confirm eligible cases according to the prescribed form in Appendix II, and send a confirmation letter to relevant agencies. For ineligible cases, the Ministry of Planning and Investment will issue a formal reply letter stating the reasons for non-confirmation.
III- IMPLEMENTATION
This Circular takes effect fifteen days from the date of signature.
During implementation, if there are any difficulties, relevant ministries, localities, and units should promptly report them to the Ministry of Planning and Investment for study, supplementation, and improvement of this circular.
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