Decree No. 03/1999/ND-CP On Management of Cooperation with Foreign Countries in the Field of Administrative Reform

DECREE

On managing cooperation with foreign countries in the field of administrative reform

THE GOVERNMENT

On the basis of Law on Government Organization dated September 30, 1992;
To strengthen state management, enhance the effectiveness of activities related to cooperation with foreign countries in the field of administrative reform;
Considering the proposal of the Minister, Head of the Organization - Cadre Department of the Government,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Application

This Decree stipulates the state management over the activities of cooperation with foreign countries of Ministries, agencies at the level of Ministries, agencies under the Government, Provincial People's Committees under the central government, central agencies of political-social organizations, social organizations (hereinafter referred to as "Vietnamese agencies and organizations") with foreign governments, intergovernmental organizations, international organizations (hereinafter referred to as "foreign parties") in the field of administrative reform according to the forms prescribed in Article 3 of this Decree.

Article 2. Principles for cooperation with foreign countries in the field of administrative reform

1. Cooperation with foreign countries in the field of administrative reform must be conducted on the basis of respecting independence, sovereignty, and national security, complying with the Constitution and laws of the Socialist Republic of Vietnam;

2. The content of cooperation with foreign countries in the field of administrative reform must be based on the Party's guidelines, economic and social development strategies, and the administrative reform program of the State as determined in each specific period;

3. Programs and projects of cooperation with foreign countries in the field of administrative reform must be approved by competent authorities in accordance with the law.

Article 3. Forms of cooperation with foreign countries in the field of administrative reform:

The forms of cooperation with foreign countries in the field of administrative reform prescribed in this Decree include:

1. Programs, projects, plans for cooperation with foreign countries on administrative reform using official development assistance (ODA) funds (hereinafter referred to as programs and projects);

2. Activities of cooperation with foreign countries on administrative reform that do not fall within the scope of programs and projects as specified in Clause 1 of this Article (hereinafter referred to as cooperative activities) including:

a) Exchange of information and experience in the field of administrative reform;

b) Training civil servants on management knowledge and administrative professional skills;

c) Organizing participation in domestic and international conferences, seminars, and forums on administrative reform;

d) Delegations from Vietnam visiting abroad and delegations from foreign countries entering Vietnam to work on administrative reform.

Chapter 2:

STATE MANAGEMENT OF COOPERATION WITH FOREIGN COUNTRIES IN THE FIELD OF ADMINISTRATIVE REFORM

Article 4. State management of cooperation with foreign countries in the field of administrative reform

The Government shall uniformly manage state affairs regarding cooperation with foreign countries in the field of administrative reform, including:

1. Issuing legal normative documents on cooperation with foreign countries in the field of administrative reform;

2. Deciding policies and methods of cooperation with foreign countries in the field of administrative reform;

3. Approving programs and projects of cooperation with foreign countries in the field of administrative reform;

4. Inspecting, auditing the implementation process, evaluating effectiveness, and handling violations in cooperation with foreign countries in the field of administrative reform.

Article 5. Authority of the Organization - Cadre Department of the Government:

The Organization - Cadre Department of the Government assists the Government in uniformly managing activities of cooperation with foreign countries in the field of administrative reform, having the following tasks and powers:

1. Serving as the lead agency for activities of cooperation with foreign countries in the field of administrative reform;

2. Drafting legal normative documents on cooperation with foreign countries in the field of administrative reform for submission to competent state agencies for issuance;

3. Drafting and submitting to the Government policies, directions, and plans for cooperation with foreign countries in the field of administrative reform during each period based on the priority use of ODA funds from foreign parties and the Government;

4. Directing Vietnamese agencies and organizations to draft programs and projects of cooperation with foreign countries in the field of administrative reform using ODA funds, sending them to the Ministry of Planning and Investment and relevant agencies for the Ministry of Planning and Investment to compile into the annual list of priority programs and projects using ODA funds, for approval by the Prime Minister;

5. Working with the Ministry of Foreign Affairs and the Ministry of Planning and Investment to seek sponsorship for programs and projects of cooperation with foreign countries in the field of administrative reform using ODA funds;

6. Jointly with the Ministry of Planning and Investment and relevant agencies reviewing the content of programs and projects of cooperation with foreign countries in the field of administrative reform using ODA funds included in the list already approved by the Prime Minister;

7. Jointly with the Ministry of Planning and Investment and relevant agencies coordinating programs and projects of cooperation with foreign countries in the field of administrative reform using ODA funds; being responsible for coordinating activities of cooperation with foreign countries in the field of administrative reform;

8. Guiding and inspecting the drafting and implementation of programs, projects, and cooperative activities; evaluating the effectiveness of programs, projects, and cooperative activities with foreign countries in the field of administrative reform;

9. Reporting to the Prime Minister on the situation of cooperation with foreign countries in the field of administrative reform and compiling final reports on programs and projects of cooperation with foreign countries in the field of administrative reform as prescribed.

Article 6. Authority of Ministries, agencies at the level of Ministries, and agencies under the Government

The Ministry of Planning and Investment, the Ministry of Foreign Affairs, the Ministry of Finance, the Ministry of Justice, and the Office of the Government shall implement state management over programs and projects of cooperation with foreign countries in the field of administrative reform in accordance with the Government's regulations on the management and use of official development assistance (ODA) funds.

Article 7. Responsibilities of Vietnamese agencies and organizations implementing cooperation with foreign countries in the field of administrative reform

1. Drafting outlines for programs, projects, and activity plans for cooperation with foreign countries in the field of administrative reform for approval in accordance with regulations;

2. Managing and organizing the implementation of programs, projects, and activity plans for cooperation with foreign countries in the field of administrative reform that have been approved by competent authorities.

3. Report every six months and annually on the implementation of programs, projects, and cooperation activity plans as stipulated by the Government Organizational and Cadre Management Board and relevant agencies under Article 6 of this Decree.

Chapter 3:

||| CONSTRUCTION, REVIEW, APPROVAL, IMPLEMENTATION OF PROGRAMS AND PROJECTS AND DECISION ON COOPERATION ACTIVITIES WITH FOREIGN COUNTRIES IN THE FIELD OF ADMINISTRATIVE REFORM

Article 8. Construction, review, approval, and implementation of cooperation programs and projects

The construction, review, approval, and implementation of programs and projects for cooperation with foreign countries in the field of administrative reform as provided for in Clause 1, Article 3 of this Decree shall be carried out in accordance with the regulations of the Government on the management and use of official development assistance funds, specifically:

1. Based on the guidance of the Government Organizational and Cadre Management Board, Vietnamese agencies and organizations shall draft program and project outlines to submit to the Government Organizational and Cadre Management Board for compilation into a list of priority cooperation programs and projects for each period, to be reviewed according to regulations.

2. On the basis of the approved list of programs and projects and the commitment of the foreign side to provide funding, Vietnamese agencies and organizations shall complete the program and project files to submit to the Government Organizational and Cadre Management Board for preliminary review before formal review and submission to the competent authority for approval according to regulations.

3. After the programs and projects have been approved by the competent authority, Vietnamese agencies and organizations shall proceed to sign the program and project documents in accordance with the provisions of the Ordinance on Signing and Implementing International Agreements.

4. Vietnamese agencies and organizations shall establish a program and project management board to organize the implementation of programs and projects in accordance with their objectives, target groups, timelines, and commitments recorded in the signed program and project documents.

Article 9. Amendment, supplementation, extension of cooperation programs and projects with foreign countries in the field of administrative reform

The amendment, supplementation, and extension of cooperation programs and projects with foreign countries in the field of administrative reform by Vietnamese agencies and organizations shall be carried out in accordance with the Government's regulations on the management and use of official development assistance (ODA) funds, accompanied by the written opinion of the Government Organizational and Cadre Management Board.

Article 10. Management and implementation of cooperation activities with foreign countries in the field of administrative reform

Cooperation activities with foreign countries in the field of administrative reform as provided for in Clause 2, Article 3 of this Decree shall be implemented in accordance with the Government's regulations on organizing and managing conferences and seminars in Vietnam and the Government's regulations on exit and entry procedures. For activities within the approval authority of the Prime Minister, the implementing agencies and organizations shall submit to the Prime Minister for approval, accompanied by the written opinion of the Government Organizational and Cadre Management Board.

Article 11. Suspension, cancellation, and handling of violations related to programs, projects, and cooperation activities with foreign countries in the field of administrative reform

Programs, projects, and cooperation activities that violate the provisions of this Decree may be suspended or cancelled depending on the severity of the violation.

The Prime Minister shall consider and decide on the suspension or cancellation of administrative reform cooperation programs and projects at Vietnamese agencies and organizations based on the proposal of the Ministry of Planning and Investment, after receiving the written opinion of the Government Organizational and Cadre Management Board.

Organizations and individuals who violate the provisions of this Decree shall be subject to handling according to the law, depending on the severity of the violation.

Chapter 4:

IMPLEMENTATION PROVISIONS

Article 12. This Decree takes effect fifteen days from the date of signature, and the Government Organizational and Cadre Management Board shall guide its implementation.

Article 13. Ministers, Heads of ministerial-level agencies, and Chairpersons of provincial and centrally-administered city People's Committees are responsible for enforcing this Decree.