Circular No. 03/2007/TT-BKH on the functions, tasks, and organizational structure of the Management Board for ODA programs and projects

Circular No. 03/2007/TT-BKH guides the functions, tasks, and organizational structure of the Management Board for ODA programs and projects, applicable to technical assistance and investment programs and projects. The Circular provides detailed regulations on the establishment, operation, and responsibilities of the Managing Authority, Project Owner, and State agencies responsible for ODA.

文号03/2007/TT-BKH
文件类型Circular
发布机关Ministry of Finance
签署人Võ Hồng Phúc — Bộ trưởng
更新29/06/2026
行业Investment Planning
领域Uncategorized
发布日期12/03/2007
生效日期18/04/2007
失效日期26/02/2014
状态Expired
✦ 智能摘要

Circular No. 03/2007/TT-BKH guides the functions, tasks, and organizational structure of the Management Board for ODA programs and projects, applicable to technical assistance and investment programs and projects. The Circular provides detailed regulations on the establishment, operation, and responsibilities of the Managing Authority, Project Owner, and State agencies responsible for ODA.

适用范围

Managing Authority, Project Owner, Management Board for ODA programs and projects, and State agencies responsible for ODA.

要点

  • The Management Board is established to assist the Managing Authority and Project Owner in managing and implementing programs and projects; it has the responsibility to report to relevant agencies and publicly disclose its activities in accordance with regulations.
  • The Managing Authority or Project Owner must issue a Decision to establish the Management Board within ten working days after the program or project documentation is approved.
  • The Management Board may manage multiple programs and projects simultaneously provided that it meets the conditions regarding capacity and organization, having functional units serving all projects.
  • The functions and tasks of the Management Board include planning, managing preparatory activities, conducting bidding and contract management activities, financial and asset management and disbursement, administrative, coordination, accountability, monitoring, evaluation, and reporting on the implementation of programs and projects.
  • The Management Board may be granted authority by the Managing Authority or Project Owner to make decisions or sign documents within its jurisdiction during the management and implementation process.

🌐 本文件的社会影响

  • Positive impact: Creates a professional mechanism for managing, supervising, and effectively implementing ODA programs and projects.
  • Negative impact: May increase management costs due to the establishment of a new Management Board.
  • Beneficiaries: The Managing Authority, Project Owner, donors, and local communities benefit from the effectiveness of ODA programs and projects.
  • Affected parties: State agencies responsible for ODA have the duty to supervise the activities of the Management Board.

❓ 常见问题

When is the Management Board established?

The Management Board must be established by a Decision within ten working days after the program or project documentation is approved.

Can the Management Board manage multiple programs and projects simultaneously?

Yes, but it must ensure sufficient capacity and organization, having functional units serving all projects.

Does the Management Board have the authority to make decisions or sign documents within its jurisdiction?

Yes, but this authority must be delegated by the Managing Authority or Project Owner through the Decision establishing the Management Board.

How can the Management Board use assets?

Assets of the Management Board must be used for their intended purpose, economically and efficiently. They cannot be leased, lent, gifted, or used for personal purposes.

Does the Management Board have a specific term of operation?

The end date of the ODA program or project is stipulated in the international agreement on ODA. After completion, the Management Board must complete its final report and dissolve according to regulations.

全文

 

 

CIRCULAR

Guidelines on functions, tasks, and organizational structure

of the Program and Project Management Board for Official Development Assistance (ODA)

Pursuant to Decree No. 61/2003/NĐ-CP dated June 6, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

Pursuant to Clause 4, Article 25 regarding guidelines on the functions, tasks, and organizational structure of the Project Management Board as prescribed in Decree No. 131/2006/NĐ-CP dated November 9, 2006 of the Government on the issuance of the Regulation on management and use of official development assistance;

The Ministry of Planning and Investment issues guidelines on the functions, tasks, and organizational structure of the Program and Project Management Board for ODA as follows:

I. GENERAL PROVISIONS

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

These Circulars stipulate the functions, tasks, and organizational structure of the Program and Project Management Board for technical assistance programs and investment ODA projects hereinafter referred to as the Project Management Board (Board); responsibilities of the Managing Authority, Project Owner, and State agencies managing ODA towards the Project Management Board.

These Circulars shall not apply to the following cases:

a) ODA funds provided under the budget support modality (ODA funds transferred directly into the state budget and managed according to current regulations on state budget management);

b) The Project Owner applies the consultancy management implementation method for investment programs and projects.

2. Forms of management and implementation of ODA programs and projects

Forms of management and implementation of ODA programs and projects include:

a) The Managing Authority directly manages and directs the implementation or assigns a unit under its authority to act as the Project Owner to directly manage and direct the implementation of technical assistance programs and projects.

b) The Project Owner directly manages and directs the implementation of investment programs and projects.

c) The Project Owner hires a consulting organization to manage and implement investment programs and projects (Project Manager) in accordance with current laws.

In cases where the Managing Authority or Project Owner directly manages and directs the implementation of programs and projects under forms a and b, they must establish the Project Management Board in accordance with the provisions of these Circulars. Hereinafter referred to as the Authority deciding to establish the Project Management Board.

For small-scale and simple technical assistance programs and projects with a total value (including counterpart funds) below one billion Vietnamese dong (ODA funds converted into Vietnamese dong at the official exchange rate of the State Bank of Vietnam at the time of considering the establishment of the Project Management Board), the Managing Authority or Project Owner may not establish the Project Management Board but use their own specialized machinery to manage and direct the implementation of programs and projects.

For small-scale and simple investment programs and projects with a total investment value (including counterpart funds) below one billion Vietnamese dong (ODA funds converted into Vietnamese dong at the official exchange rate of the State Bank of Vietnam at the time of considering the establishment of the Project Management Board), the Project Owner may not establish the Project Management Board but use their own specialized machinery to manage and direct the program and project or hire professionals with experience to assist in managing and directing the implementation of the program and project.

2. Principles of organization, operation, and scope of management of the Project Management Board

a) Principles of organization and operation of the Project Management Board:

- The Project Management Board is established to assist the Managing Authority and Project Owner in managing and implementing programs and projects;

- Assignment of tasks and delegation of authority to the Project Management Board must be specified in the Decision establishing the Project Management Board or in specific authorization documents issued by the Authority deciding to establish the Project Management Board;

- Compliance with Vietnamese laws and international agreements signed with donors;

- The Project Management Board and its head are responsible before the Authority deciding to establish the Project Management Board and the law for their actions in performing assigned tasks;

- Have the responsibility to report to the Authority deciding to establish the Project Management Board, State agencies managing ODA, law enforcement agencies, elected bodies, political and social organizations, and donors on matters within their jurisdiction;

- All activities of the Project Management Board must be transparent and subject to supervision in accordance with current regulations;

- Efficient management and utilization of program and project resources, preventing loss and waste;

- Implementation of anti-corruption laws; taking measures to prevent corruption.

b) Scope of management of the Project Management Board:

The Project Management Board may simultaneously manage multiple programs and projects if it meets the following conditions:

- It must have sufficient capacity and be organized in such a way that it has functional units serving all projects (tendering, land clearance, planning, finance, organization, administration, and human resource management, etc.);

- It must be permitted by the Authority deciding to establish the Project Management Board through a Decision establishing the Project Management Board for each specific program and project, complying with the provisions of these Circulars.

II. FUNCTIONS AND TASKS OF THE PROJECT MANAGEMENT BOARD

The Project Management Board assists the Project Owner in managing and implementing programs and projects with the following tasks:

1. General Functions and Tasks

a) Planning tasks include: Developing overall plans and annual detailed plans for implementing programs and projects (disbursement plans, expenditure plans, tendering plans, etc.), clearly identifying the sources of funding, progress schedules, deadlines for completion, quality targets, and acceptance criteria for each activity of the program and project to serve as a basis for monitoring and evaluation. The overall implementation plan for the project must be prepared three months before the start of the program and project and must be approved by the Authority deciding to establish the Project Management Board. Annual detailed plans must be developed based on consensus with the donor and submitted to the Authority deciding to establish the Project Management Board for approval in line with the annual planning schedule of these agencies and units, ensuring the implementation progress of the program and project according to specific ODA agreements.

b) Task of managing preparatory work for the implementation of programs and projects:

- For technical assistance programs and projects:

The management of preparing to implement technical assistance programs and projects includes researching documents on such programs and projects or international treaties on ODA signed with donors, procedures, formalities, and conditions for implementing the programs and projects (budget expenditure regulations; accounting and auditing systems for projects; reporting systems, etc.).

- For investment programs and projects:

The management of preparing to implement investment programs and projects shall be carried out in accordance with current regulations on investment and construction project management, taking into account certain specific requirements for ODA programs and projects (resettlement; land clearance; environmental impact assessment; social impact assessment) based on international treaties on ODA signed with donors.

c) Task of conducting bidding activities and managing contracts:

- Implement bidding tasks assigned by the agency that decides to establish the Project Management Board in accordance with the laws on bidding and the donor's bidding regulations;

- Manage the performance of obligations stipulated in contracts signed by authorized persons with contractors (in terms of schedule, quantity, quality, labor safety, and environmental hygiene). Monitor, supervise, and evaluate the contractor's activities and results. Timely resolve issues arising during the implementation of contracts within the scope of authority;

- Organize product acceptance; settle accounts according to the law.

d) Financial management, asset management, and disbursement tasks:

Manage finances, assets, and carry out disbursement procedures in accordance with the law and in compliance with donor regulations.

đ) Administrative, coordination, and accountability tasks:

- Establish the office and manage personnel of the Project Management Board;

- Set up internal information systems, collect, classify, and store all original information and documents related to programs and projects and the Project Management Board in accordance with the law;

- Prepare for the agency that decides to establish the Project Management Board to disclose the content, organization, progress, and budget of programs and projects to direct beneficiaries (applicable to technical assistance programs and projects) and local authorities, elected bodies, political and social organizations, and non-governmental organizations in the project area (applicable to investment programs and projects);

- Provide accurate and truthful information to law enforcement agencies, inspection, audit, donor agencies, media outlets, and relevant individuals within the scope of assigned duties and responsibilities, except for information limited to dissemination under the law;

- Serve as the representative of the agency that decides to establish the Project Management Board in civil transactions within the scope of representation defined in the Charter of the Project Management Board and in authorization documents;

- Serve as the liaison between the agency that decides to establish the Project Management Board and participating agencies in dealing with donors regarding issues related to program and project implementation;

- Coordinate with functional units of the agency that decides to establish the Project Management Board in participating in program and project activities.

e) Tasks of monitoring, evaluating, and reporting on the implementation of programs and projects:

- Organize evaluations of the Project Management Board's activities;

- Organize monitoring and evaluation of the implementation of ODA programs and projects in accordance with current regulations, including:

+ Prepare reports on the implementation of programs and projects as required; provide and share information through the national system for monitoring and evaluating ODA programs and projects;

+ Hire consultants to conduct initial, mid-term, and final evaluations according to the feasibility report or approved program/project documentation; serve as the point of contact to coordinate with donors or competent authorities for program/project evaluation;

- Submit periodic and ad hoc reports on the implementation of programs and projects to the agency that decides to establish the Project Management Board so that this agency can submit these reports to the Ministry of Planning and Investment, the Ministry of Finance, and provincial People's Committees where the programs and projects are implemented for monitoring, supervision, and support during the implementation process;

g) Tasks concerning the acceptance, handover, and settlement of programs and projects:

- Prepare for the competent authority, the Project Owner to accept and hand over completed programs and projects to receiving units for operation and exploitation according to regulations;

- Prepare final reports on programs and projects and settlement reports on programs and projects within the time limit specified in Clause 3.5, Article 3, Section III of this Circular.

2. Special tasks

a) Based on the content, scale, nature of each program and project, and the capacity of the Project Management Board, the agency that decides to establish the Project Management Board may authorize the Project Management Board to decide or sign documents within its authority during the management and implementation process. Such authorization can be implemented from the start of program and project implementation or at different stages and must be stipulated in the Charter of the Project Management Board or in specific authorization documents.

b) In cases where international treaties on ODA signed with donors specify the organizational structure, tasks, and responsibilities of the Project Management Board, these provisions must be detailed and fully reflected in the Charter of the Project Management Board.

3. Other tasks

The Project Management Board shall perform other tasks within the framework of programs and projects assigned by the agency that decides to establish the Project Management Board.

III. ORGANIZATIONAL STRUCTURE AND IMPLEMENTATION OF THE PROJECT MANAGEMENT BOARD

1. Basic requirements for the organization and personnel of the Project Management Board

a) The Project Management Board must have an appropriate organizational structure, sufficient personnel with the necessary capabilities and experience to ensure effective and sustainable management and implementation of programs and projects. In some cases, as stipulated by donors, key positions in the Project Management Board need to be agreed upon with donors.

b) Functions, tasks, responsibilities, and authorities of each department must be clearly and specifically defined in the Organizational Structure and Operation Regulation of the Project Management Board (PMB); the working relationships between departments must also be clearly specified.

c) Each position within the PMB must have a job description (TOR) established by the Director of the PMB and publicly announced within the PMB and the units of the agency that decides to establish the PMB, detailing specific requirements for professional qualifications, scope of responsibility, authority, remuneration, reporting systems, and performance evaluation.

d) Key positions in the PMB, including the Director of the PMB, Deputy Director of the PMB (if applicable), Chief Accountant or Accountant of the PMB, shall be appointed and relieved of duty by the agency that establishes the PMB. For programs and projects, if these key positions are selected from staff under the management of the Project Sponsor's supervisory body, they must obtain the consent of this body. Other positions in the PMB shall be selected, appointed, and relieved of duty by the Director of the PMB.

đ) Staff members of the PMB transferred from the organizational structure of the agency establishing the PMB must obtain the consent of these agencies. The PMB may hire staff from outside on the basis of contracts. Recruitment of staff for the PMB must be based on specific standards regarding professional qualifications, experience, and personal qualities detailed in the job description (TOR), complying with current laws and international agreements on ODA.

e) Requirements for the Director of the PMB:

- For technical assistance programs and projects:

The Director of the PMB (National Project Director, if applicable) must possess the necessary moral character, professional qualifications, work experience in managing programs and projects, knowledge of policies and procedures of sponsors, and the ability to manage and coordinate program and project activities. Regarding language skills, preference should be given to those fluent in languages relevant to the managed programs and projects. In terms of age, the Director of the PMB must be at least old enough to complete the program or project within the stipulated timeframe in the program or project documentation. The Director of the PMB (National Project Director, if applicable) may hold concurrent positions.

The agency establishing the PMB shall develop standards and job descriptions (TOR) for the position of Director of the PMB, consulting the views of the sponsor (if necessary).

The agency establishing the PMB selects and decides to appoint the Director of the PMB from among its staff who meet the standards and requirements of the job description (TOR).

The agency establishing the PMB has the responsibility to support and create conditions for the Director of the PMB to effectively implement programs and projects.

- For investment programs and projects:

The Director of the PMB must possess moral character, professional qualifications, leadership capabilities, and experience in managing programs and projects. Regarding language skills, preference should be given to those fluent in languages relevant to the managed programs and projects. In terms of age, the Director of the PMB must be at least old enough to complete the program or project within the stipulated timeframe in the program or project documentation.

The Project Sponsor proactively develops standards and job descriptions (TOR) for the position of Director of the PMB, consulting the views of the sponsor (if necessary).

This position shall be selected from among staff of the Project Sponsor or the supervisory body to which the Project Sponsor belongs, requiring the consent of these bodies or through broad public recruitment. Selection must be completed before the decision to establish the PMB is made.

2. Organizational Structure of the PMB

Based on the content, scale, nature, scope of operations, and methods of organizing and managing the implementation of ODA programs and projects, the Director of the PMB prepares and submits to the agency establishing the PMB the organizational structure of the PMB.

The organizational structure of the PMB typically includes the following blocks:

a) Administrative, organizational, and support block;

b) Functional block including planning, bidding, finance, land clearance, and other necessary activities;

c) Technical block including design supervision, construction, environment, or technical components of the program or project.

The form of organization for each block in the PMB's organizational structure can choose from forms such as departments, divisions, or functional groups.

For PMBs managing multiple projects, the organizational structure must comply with the provisions of Point b, Article 3, Section I of this Circular. Each program or project must have a dedicated Deputy Director (or Project Manager) with a specific job description (TOR) for this position, and must be selected like the Director of the PMB.

3. Organization of Implementation

3.1. Establishment of the PMB

a) Legal Basis:

The establishment of the PMB must be based on the following legal grounds:

- Based on the functions, tasks, and authorities of the supervisory body and the Project Sponsor;

- Based on the Investment Decision or Program/Project Approval Decision;

- Based on international agreements on ODA signed with sponsors;

- Provisions of this Circular.

b) Establishment of the PMB:

The supervisory body or Project Sponsor issues the Decision to Establish the PMB within ten working days after the program or project documentation is approved by the competent authority. The model Decision to Establish the PMB is attached in Appendix I (for technical assistance programs/projects) and Appendix II (for investment programs/projects).

In cases where new management and implementation tasks for new programs or projects are added, the agency establishing the PMB issues a Decision to Add New Management and Implementation Tasks for Programs or Projects for the operating PMB, complying with the provisions of this Circular.

c) Issuance of the Organizational Structure and Operation Regulation of the PMB:

The agency establishing the PMB is responsible for issuing the Organizational Structure and Operation Regulation of the PMB within fifteen working days from the date of the Decision to Establish the PMB. The model Organizational Structure and Operation Regulation of the PMB is attached in Appendix III.

d) The agency deciding to establish the Project Management Board has the responsibility to send the Decision on Establishment and the Regulation on Organization and Operation of the Project Management Board to the Ministry of Planning and Investment, the Ministry of Finance, and the State Bank of Vietnam (consistent with the provisions regarding the tasks of the State Bank of Vietnam under Article 42 of Decree No. 131/2006/NĐ-CP dated November 9, 2006) within fifteen working days from the date of issuance of the aforementioned decisions to create a basis for state management over the activities of the Project Management Board.

3.2. Seal and bank account of the Project Management Board

a) The Project Management Board is entitled to register to use its own seal in accordance with the law to serve the implementation of programs and projects.

b) The Project Management Board is allowed to open accounts at the National Treasury and commercial banks in compliance with the relevant laws and international agreements on ODA signed with the donor.

3.3. Operating expenses of the Project Management Board

The operating expenses of the Project Management Board are drawn from the investment preparation fund (during the program and project preparation phase) and from the counterpart fund (during the preparation and implementation phase of the program and project), as determined in the Investment Decision or the Program/Project Approval Decision; or may be sourced partially or entirely from the ODA fund according to the international agreement on ODA signed with the donor.

Specifically, for mixed programs and projects supporting both technical assistance and investment:

- For non-reimbursable technical assistance provided by the donor as an independent project to prepare the investment project, the funding for the Project Management Board's operations is determined based on the program/project documentation approved by the competent authority or specific international agreements on technical assistance programs/projects signed with the donor.

- For technical assistance provided by the donor (non-reimbursable or loan) as part of the investment program/project, the funding for the Project Management Board's operations shall comply with current regulations applicable to investment programs/projects.

The management cost standards for programs and projects are implemented in accordance with current regulations.

3.4. Assets of the Project Management Board

- The Project Management Board is equipped with assets to serve the management of programs and projects in accordance with the law and international agreements on ODA signed with the donor.

- The assets of the Project Management Board must be used for their intended purposes, economically and efficiently. It is strictly prohibited to lease, lend, give away, or use assets for personal purposes.

- The Project Management Board must report to the agency that established it about the assets handed over, donated, or left behind by consulting units, contractors, and suppliers for management in accordance with the law.

- After the completion of the program/project or when the assets are no longer needed during the implementation process, the assets of the Project Management Board must be disposed of in accordance with current regulations.

3.5. Completion of the program/project and dissolution of the Project Management Board

The time of completion of the ODA program/project is stipulated in the international agreement on ODA or in the agreements signed with the donor.

Within six months after the completion of the program/project, the Project Management Board providing technical assistance must complete the final report and the settlement report of the program/project to submit to the supervising agency (in case the supervising agency manages directly) or to the Project Owner to submit to the supervising agency (in case the supervising agency assigns another unit under its jurisdiction as the Project Owner).

Within six months after the completion of the program/project, the Project Management Board implementing the investment must complete the final report and the settlement report of the program/project for the Project Owner to submit to the agency issuing the investment decision for the program/project.

Simultaneously, the Project Management Board will proceed to dispose of its assets in accordance with current regulations.

After the final report and the settlement report of the program/project have been approved by the competent authority and the disposal of the Project Management Board's assets has been completed, the agency that established the Project Management Board will issue the Decision on Completion of the Program/Project and Dissolution of the Project Management Board.

In cases where the above tasks cannot be completed within the prescribed timeframe, based on the explanation letter from the Project Management Board, the agency that established the Project Management Board will issue a document allowing an extension of up to six additional months for the Project Management Board to complete unfinished tasks and ensure sufficient funds for the Project Management Board to continue operations during the extended period.

For cases where the Project Management Board manages multiple programs/projects, the agency that established the Project Management Board will issue the Decision on Completion of each specific program/project, while adjusting the functions and responsibilities of the Project Management Board in compliance with this Circular.

In cases of changes in the supervising agency or Project Owner during the term:

- The transferring supervising agency/Project Owner and the receiving supervising agency/Project Owner shall carry out the handover procedures for the program/project in accordance with the regulations.

- The transferring supervising agency/Project Owner shall issue the Decision on Dissolution of the Project Management Board.

- The receiving supervising agency/Project Owner shall issue the Decision on Establishment of the Project Management Board.

4. Remuneration Regimes

a) The remuneration regime for the Director of the Project Management Board and other positions in the Project Management Board working on a part-time or secondment basis shall be implemented in accordance with current regulations taking into account the nature, intensity of work, and actual time spent to ensure incentives for capable staff to work long-term and professionally for the program/project.

b) The remuneration regime for the Director of the Project Management Board and other positions in the Project Management Board hired from outside shall be based on the nature of the work and competence, experience, agreed upon in the contract and in consultation with the donor (in cases using ODA funds).

IV. RESPONSIBILITIES OF THE SUPERVISING AGENCY, PROJECT OWNER, AND NATIONAL AUTHORITIES ON ODA TOWARDS THE PROJECT MANAGEMENT BOARD

1. Supervising Agency

The supervising agency bears legal responsibility for the entire process of receiving, managing, organizing the implementation, and utilizing the results of ODA programs and projects.

a) For the Project Management Board of technical assistance programs/projects directly managed and executed by the supervising agency:

- Issuing the Decision on Establishment and Dissolution of the Project Management Boards.

- Appointing and dismissing the Director of the Project Management Board and key personnel of the Project Management Board.

- Issue the Regulation on the organization and operation of the Project Management Board.

- Regularly inspect and supervise the activities of the Project Management Board according to the contents of this Circular and the Regulation on the organization and operation of the Project Management Board in areas such as procurement bidding; negotiation and signing of contracts; withdrawal of funds, payment; financial management; asset management and fulfillment of financial obligations, tax obligations of programs and projects. The results of inspections and supervision of the Project Management Board's activities must be disclosed within the parent agency, shared with responsible agencies and sponsors.

- Promptly address issues arising during the operation of the Project Management Board within the scope of authority.

- Monitor and urge the Project Management Board to fully comply with reporting requirements under current regulations.

- Monitor and urge the Project Management Board to ensure that programs and projects are implemented on schedule and to quality standards.

- Ensure timely and adequate provision of funding and material conditions (office space, office equipment, communication equipment, etc.) for the Project Management Board's operations.

- Periodically evaluate the activities of the Project Management Board.

- Enhance institutional capacity and human capacity for the Project Management Board.

b) For the Project Management Board of technical assistance programs and projects assigned by the parent agency to a unit under its authority to directly manage and implement:

- Bear legal responsibility for decisions related to matters within the scope of authority during the implementation of programs and projects.

- Clearly define procedures, deadlines, and coordination among functional units under the authority during the review, decision-making, and approval processes for relevant contents submitted by the Project Manager to avoid delays affecting the progress of program and project implementation.

- Through the Project Manager, regularly inspect and supervise the activities of the Project Management Board according to the contents of this Circular and the Regulation on the organization and operation of the Project Management Board issued by the Project Manager, as well as current regulations in areas such as procurement bidding; negotiation and signing of contracts; withdrawal of funds, payment; financial management; asset management and fulfillment of financial obligations, tax obligations of programs and projects. The results of inspections and supervision of the Project Management Board's activities must be disclosed within the parent agency, shared with responsible agencies and sponsors.

c) For investment Project Management Boards:

- Bear legal responsibility for decisions related to matters within the scope of authority during the implementation of programs and projects.

- Clearly define procedures, deadlines, and coordination among functional units under the authority during the review, decision-making, and approval processes for relevant contents submitted by the Project Manager to avoid delays affecting the progress of program and project implementation.

- Through the Project Manager, regularly inspect and supervise the activities of the Project Management Board according to the contents of this Circular and the Regulation on the organization and operation of the Project Management Board issued by the Project Manager, as well as current regulations in areas such as procurement bidding; negotiation and signing of contracts; withdrawal of funds, payment; financial management; asset management and fulfillment of financial obligations, tax obligations of programs and projects. The results of inspections and supervision of the Project Management Board's activities must be disclosed within the parent agency, shared with responsible agencies and sponsors.

2. Project Manager

a) Fulfill the tasks, responsibilities, and authorities of the Project Manager as stipulated by current regulations.

b) With respect to the Project Management Board, the Project Manager has the following duties:

- Issuing the Decision on Establishment and Dissolution of the Project Management Boards.

- Appoint and relieve the Director of the Project Management Board and key personnel of the Project Management Board.

- Issue the Regulation on the organization and operation of the Project Management Board.

- Regularly inspect and supervise the activities of the Project Management Board according to the contents of this Circular and the Regulation on the organization and operation of the Project Management Board issued by the Project Manager in areas such as procurement bidding; negotiation and signing of contracts; withdrawal of funds, payment; financial management; asset management and fulfillment of financial obligations, tax obligations of programs and projects. The results of inspections and supervision of the Project Management Board's activities must be disclosed within the Project Manager, shared with responsible agencies and sponsors.

- Promptly address issues arising during the operation of the Project Management Board within the scope of authority.

- Monitor and urge the Project Management Board to fully comply with reporting requirements under current regulations, including submitting reports on the implementation status of programs and projects prepared by the Project Management Board to the parent agency.

- Monitor and urge the Project Management Board to ensure that programs and projects are implemented on schedule and to quality standards.

- Ensure timely and adequate provision of funding and material conditions (office space, office equipment, communication equipment, etc.) for the Project Management Board's operations in accordance with specific ODA agreements signed with sponsors.

- Periodically evaluate the activities of the Project Management Board.

- Enhance institutional capacity and human capacity for the Project Management Board.

3. State management agencies regarding ODA

a) Perform their functions, tasks, and authorities as prescribed by current regulations.

b) Regularly or spot-check the implementation of the Regulation on the organization and operation of Project Management Boards established by the agency deciding to establish the Project Management Board and the provisions of this Circular.

c) Support in enhancing the professional capacity of Project Management Boards.

V. IMPLEMENTATION

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

2. Project Management Boards established after this Circular takes effect must comply with this Circular.

3. For Project Management Boards currently in operation.

a) For ODA programs and projects ending in 2007 according to signed agreements or if these ODA programs and projects are extended up to a maximum of eighteen months (from the end date in 2007), the Project Management Boards of these programs and projects may continue to exist but must consolidate and reorganize to have sufficient capacity to complete remaining tasks.

b) For programs and projects not specified in point a, Section V, Chapter 3 of this Circular, if Project Management Boards have been assigned as Project Managers, the parent agency must handle them in accordance with current laws ensuring the principle that Project Management Boards do not act as Project Managers and comply with the provisions of this Circular.

c) For other cases, Directors of Project Management Boards must review and perfect the Regulation on the organization and operation of the Project Management Board, seeking sponsor opinions when necessary, and submit to the agency establishing the Project Management Board for amendment or issuance of a new Regulation consistent with the provisions of this Circular.

4. During the implementation of this Circular, if there are any issues, the parent agency, Project Manager, Project Management Board, and related agencies and units must promptly reflect them to the Ministry of Planning and Investment./.

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131/2006/NĐ-CP Nghị định số 131/2006/NĐ-CP Ban hành Quy chế quản lý và sử dụng nguồn hỗ trợ phát triển chính thức (đã được sửa đổi theo Công văn số 149/CP-QHQT ngày 15/11/2006) 已失效 61/2003/NĐ-CP Nghị định số 61/2003/NĐ-CP Quy định chức năng, nhiệm vụ, quyền hạn và cơ cấu tổ chức của Bộ Kế hoạch và Đầu tư. 已失效 74/2008/QĐ-BLĐTBXH Quyết định số 74/2008/QĐ-BLĐTBXH Về việc ban hành Quy chế quản lý và sử dụng nguồn viện trợ nước ngoài thuộc Bộ Lao động - Thương binh và Xã hội 已失效 103/2008/QĐ-UBND Quyết định số 103/2008/QĐ-UBND Ban hành Quy định về quản lý và sử dụng nguồn hỗ trợ phát triển chính thức trên địa bàn tỉnh Quảng Ngãi 已失效 1696/QĐ-BTC Quyết định số 1696/QĐ-BTC Ban hành Quy chế quản lý và thực hiện các chương trình, dự án của Bộ Tài chính có sử dụng tài trợ nước ngoài 生效中 3764/QĐ-UBND Quyết định 3764/QĐ-UBND năm 2011 về đổi tên Ban Quản lý dự án Nâng cấp đô thị thành phố thành Ban Quản lý đầu tư xây dựng công trình Nâng cấp đô thị thành phố do Ủy ban nhân dân thành phố Hồ Chí Minh ban hành 生效中 11/2008/QĐ-BYT Quyết định số 11/2008/QĐ-BYT Về việc Ban hành Quy định Quản lý và sử dụng nguồn hỗ trợ phát triển chính thức (ODA) của Bộ Y tế 已失效 70/2008/QĐ-UBND Quyết định số 70/2008/QĐ-UBND Về việc ban hành quy chế hoạt động thu hút, quản lý và sử dụng nguồn hỗ trợ phát triển chính thức (ODA) trên địa bàn thành phố 已失效 2187/QĐ-UBND Quyết định số 2187/QĐ-UBND V/v Ban hành Quy chê tổ chức và hoạt động của Ban Quản lý dự án CBRIP - MPRP - ISDP tinh Hà Tĩnh 生效中 12/2011/QĐ-UBND Quyết định số 12/2011/QĐ-UBND Ban hành Quy định về Quản lý hoạt động kinh tế đối ngoại trên địa bàn tỉnh Yên Bái 已失效 13/2009/QĐ-UBND Quyết định số 13/2009/QĐ-UBND Ban hành Quy định về quản lý và sử dụng nguồn hỗ trợ phát triển chính thức (ODA) của thành phố Hồ Chí Minh. 已失效 36/2008/QĐ-UBND Quyết định số 36/2008/QĐ-UBND Về việc ban hành Quy chế về vận động, quản lý và sử dụng nguồn hỗ trợ phát triển chính thức trên địa bàn tỉnh Kon Tum 已失效 101/2008/QĐ-UBND Quyết định số 101/2008/QĐ-UBND Ban hành Quy định về quản lý và sử dụng nguồn hỗ trợ phát triển chính thức (ODA) trên địa bàn tỉnh Bình Thuận 已失效 76/2009/QĐ-UBND Quyết định số 76/2009/QĐ-UBND Về việc ban hành quy định về quản lý và sử dụng nguồn hỗ trợ phát triển chính thức (ODA) của thành phố Hà Nội 已失效
03/2007/TT-BKH
Circular No. 03/2007/TT-BKH on the functions, tasks, and organizational structure of the Management Board for ODA programs and projects
Expired
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