Circular No. 08/2018/TT-BKHĐT Amending and Supplementing Certain Provisions of Circulars Related to the Regular Reporting System under the Management of the Ministry of Planning and Investment

CIRCULAR

Amending and supplementing certain articles of related Circulars concerning periodic reporting systems within the scope of management under the Ministry of Planning and Investment

within the scope of the state management of the Ministry of Planning and Investment

Pursuant to Decree No. 86/2017/ND-CP dated July 25, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Planning and Investment;

At the proposal of the Director of the Office of the Ministry;

The Minister of Planning and Investment issues this Circular amending and supplementing certain articles of Circular No. 07/2010/TT-BKH dated March 20, 2010 of the Ministry of Planning and Investment guiding the implementation of Decree No. 93/2009/NĐ-CP dated October 22, 2009 of the Government promulgating the Regulation on Management and Use of Non-Governmental Foreign Aid; Circular No. 22/2015/TT-BKHĐT dated December 18, 2015 of the Ministry of Planning and Investment stipulating the format of monitoring and evaluation reports; and Circular No. 12/2016/TT-BKHĐT dated August 8, 2016 of the Ministry of Planning and Investment guiding the implementation of certain provisions of Decree No. 16/2016/NĐ-CP dated March 16, 2016 of the Government on management and use of Official Development Assistance (ODA) and concessional loans from foreign donors.

"2. Reporting system

The reporting system shall be prescribed by the agency approving the non-governmental foreign aid grant.
a) Six-month report: The Project Management Board must submit the report to the agency approving the non-governmental foreign aid grant no later than July 10.
b) Annual report: The Project Management Board must submit the report to the agency approving the non-governmental foreign aid grant no later than January 31 of the following year.

c) Final project report: The Project Management Board must submit the final report according to the template for the completion report of non-governmental foreign aid projects in writing, fax, and email to the agency approving the non-governmental foreign aid grant no later than six months from the date of completion of the program or project."

Article 2. Amending and supplementing certain articles of Circular No. 22/2015/TT-BKHĐT dated December 18, 2015 of the Ministry of Planning and Investment stipulating the format of monitoring and evaluation reports as follows:

1. Amending Point d Clause 2 Article 2 as follows:

"d) Form No. 05 (Annex attached): Report on monitoring and evaluating the completion of investment programs and projects;"

2. Supplementing Point e Clause 2 Article 2 as follows:

"e) Report on monitoring and evaluating before the commencement of exploitation and operation of Class C projects as stipulated in Point đ Clause 8 Article 68 of Decree No. 84/2015/NĐ-CP shall be submitted according to Form No. 06."

3. Supplementing Point e Clause 3 Article 2 as follows:

"e) Report on monitoring and evaluating before the commencement of exploitation and operation of Class C projects as stipulated in Point đ Clause 9 Article 68 of Decree No. 84/2015/NĐ-CP shall be submitted according to Form No. 06."

4. Supplementing Point đ Clause 4 Article 2 as follows:

"đ) Report on monitoring and evaluating before the commencement of exploitation and operation of projects (for projects not requiring investment registration certificates) as stipulated in Point d Clause 10 Article 68 of Decree No. 84/2015/NĐ-CP shall be submitted according to Form No. 06."

1. Amending Clause 1 Article 23 as follows:

"1. For programs and projects:

The project proponent has the responsibility to prepare reports on the implementation of programs and projects and submit them to the competent authority, the Ministry of Planning and Investment, the Ministry of Finance, relevant sectoral ministries, provincial People's Committees where the programs and projects are implemented, and the donors.

The model forms for reports at the project proponent level include the semi-annual and annual reports according to Model IV-GSĐG 1, pre-construction monitoring and evaluation reports according to Model IV-GSĐG 2, reports on monitoring and evaluation when adjusting projects according to Model IV-GSĐG 3, and final program/project reports according to Model IV-GSĐG 4 in Annex IV of this Circular. The project management board must develop and submit these reports to the project proponent, who will then submit them to the competent authority and relevant agencies and update them on the investment monitoring and evaluation system.

a) Semi-annual and annual reports:

Semi-annual and annual reports apply to all programs and projects.

Within ten days after the end of June each year and twenty days after the end of the year, the project proponent must submit the semi-annual and annual reports on the implementation of programs and projects according to Model IV-GSĐG 1 in Annex IV of this Circular to the competent authority, the Ministry of Planning and Investment, the Ministry of Finance, relevant sectoral ministries, provincial People's Committees where the projects are implemented, and foreign donors, while updating them online on the information system for monitoring and evaluating state-funded programs and projects of the Ministry of Planning and Investment. For the first six-month period, the attached form GSĐG 1.1 must only be submitted once and resubmitted only if there are changes in specific international agreements or ODA and concessional loan agreements. For reports sent to foreign donors, in addition to the Vietnamese version, an English version must also be provided unless otherwise agreed.

Programs and projects that do not involve land acquisition, resettlement, and environmental protection do not need to prepare the attached forms GSĐG 1.6 and GSĐG 1.7.

b) Pre-construction monitoring and evaluation report

The pre-construction monitoring and evaluation report applies to all programs and projects.

The project proponent is responsible for submitting the pre-construction monitoring and evaluation report fifteen days prior to commencement according to Model IV-GSĐG 2 specified in Annex IV of this Circular to the investment decision-making authority, the competent authority, the Ministry of Planning and Investment, and the unit responsible for monitoring and evaluating investments, while updating it online on the information system for monitoring and evaluating state-funded programs and projects of the Ministry of Planning and Investment.

c) Report on monitoring and evaluation when adjusting the project

The report on monitoring and evaluation when adjusting the project shall apply to all programs and projects.

The project proponent shall be responsible for submitting the report before adjusting the project according to Model IV-GSĐG 3 stipulated in Appendix IV of this Circular to the competent authority deciding on investment, the managing agency, the Ministry of Planning and Investment, and the unit responsible for monitoring and evaluating investment, while updating online into the Information System on Monitoring and Evaluation of Programs and Projects funded by State capital of the Ministry of Planning and Investment.

d) Final report on the program, project

The final report on the project shall apply to all programs and projects.

Within six months from the date of completion of the implementation of the program or project, the project proponent must submit the final report on the program or project according to Model IV-GSĐG 4 in Appendix IV of this Circular to the managing agency, the Ministry of Planning and Investment, the Ministry of Finance, the People's Committee of the province where the program or project is implemented, and foreign sponsors, while updating online into the Information System on Monitoring and Evaluation of Programs and Projects funded by State capital of the Ministry of Planning and Investment.

2. Amend Article 24 as follows:

"Article 24. Reporting system on the situation of receiving and using ODA funds and preferential loans managed by the managing agency

Within twenty days after the end of the first six months of the year and thirty days after the end of the year, the managing agency must prepare and submit a consolidated report on the situation of mobilizing, receiving, and using ODA funds and preferential loans, and the results of implementing programs and projects funded by ODA and preferential loans under its management according to Model IV-GSĐG 5 in Appendix IV of this Circular in both paper and electronic form to the Ministry of Planning and Investment and the Ministry of Finance for consolidation according to their assigned functions and tasks, while updating online into the Information System on Monitoring and Evaluation of Programs and Projects funded by State capital of the Ministry of Planning and Investment."

Article 4. Implementation provisions

This Circular applies to organizations and individuals engaged in trading and using feed on the territory of Vietnam.

2. During the implementation process, in case of any difficulties, agencies and units are requested to promptly reflect them to the Ministry of Planning and Investment for research, amendment, and supplementation to ensure appropriateness./.