Decision No. 11/2008/QĐ-BYT on the Issuance of Regulations on Management and Use of Official Development Assistance (ODA) Sources by the Ministry of Health

DECISION OF THE MINISTER OF HEALTH

On Issuing Regulations on Management and Utilization of Official Development Assistance (ODA) of the Ministry of Health

Pursuant to Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

THE MINISTER OF HEALTH

Pursuant to Decree No. 131/2006/NĐ-CP dated November 9, 2006 of the Government promulgating the Rules on Management and Utilization of Official Development Assistance;

Pursuant to Circular No. 03/2007/TT-BKH dated March 12, 2007 of the Ministry of Planning and Investment guiding the functions, tasks, and organizational structure of the Program and Project Management Board;

Pursuant to Circular No. 04/2007/TT-BKH dated July 30, 2007 of the Ministry of Planning and Investment guiding the implementation of the Rules on Management and Utilization of Official Development Assistance (annexed to Decree No. 131/2006/NĐ-CP dated November 9, 2006 of the Government);

Pursuant to Decision No. 803/2007/QĐ-BKH dated July 30, 2007 of the Ministry of Planning and Investment promulgating the Reporting System for the Implementation of Programs and Projects under Official Development Assistance;

At the proposal of the Director of the Department of Planning-Finance of the Ministry of Health,

These Regulations on Management and Utilization of Official Development Assistance (ODA) of the Ministry of Health are hereby issued.

DECISION:

Article 1. Article 2.

This Decision shall take effect 15 days from the date of publication in the Official Gazette and shall replace Decision No. 2790/2002/QĐ-BYT dated July 25, 2002 of the Minister of Health on issuing Regulations on Management and Utilization of Official Development Assistance (ODA) of the Ministry of Health.The Directors-General, Heads of the Office of the Ministry, Heads of the Inspectorate of the Ministry, Heads of Departments, Heads of Bureaus, Heads of Units directly under the Ministry of Health, Heads of Units related, and Directors of Programs and Projects using ODA are responsible for implementing this Decision.

Article 3. MINISTER

REGULATIONS

of Official Development Assistance (ODA) of the Ministry of Health

(Issued together with Decision No. 11/2008/QĐ-BYT

dated February 26, 2008 of the Minister of Health)

1. These regulations govern all activities related to solicitation, management, and utilization of Official Development Assistance of the Ministry of Health.

PART I

GENERAL PROVISIONS

Article 1. Scope of application

Official Development Assistance (hereinafter referred to as ODA) in these regulations means cooperation in development between the State or the Government of the Socialist Republic of Vietnam and donors which are foreign governments, bilateral organizations, and international or intergovernmental organizations.

2. Forms of ODA provision include:

a) Non-reimbursable ODA is a form of ODA provision that does not require repayment to the donor;

b) Preferential loan ODA (also known as preferential credit) is a loan with favorable conditions regarding interest rates, grace periods, and repayment terms, ensuring the "non-reimbursable element" (also called "grant component") reaches at least 35% for tied loans and 25% for untied loans;

c) Hybrid ODA consists of non-reimbursable grants or preferential loans provided simultaneously with commercial credits, but the overall "non-reimbursable element" must reach at least 35% for tied loans and 25% for untied loans.

3. Basic methods of ODA provision include:

a) Project support;

b) Sector support;

c) Program support;

d) Budget support.

4. Domestic financial mechanisms for utilizing ODA include:

a) Allocation from the state budget;

b) Rescheduling loans from the state budget;

c) Partial allocation and partial rescheduling of loans from the state budget.

1. These regulations apply to all ODA programs and projects (hereinafter collectively referred to as programs and projects) solicited, received, managed, and utilized by departments, general directorates, bureaus, the Office of the Ministry, the Inspectorate of the Ministry, and affiliated units of the Ministry of Health.

Article 2. Applicability

2. For ODA health assistance from other agencies, ministries, and sectors, to ensure the fulfillment of state management responsibilities in health, when requested, the Ministry of Health will assign the Department of Planning-Finance to be the focal point for receiving program and project files or other ODA grants, coordinating with relevant units in participating in the review process.

Basic principles in managing and utilizing ODA of the Ministry of Health

Article 3. 1. ODA funds of the Ministry of Health are important sources of state budget capital and must be managed and utilized according to the principles set forth in Article 2 of the Rules on Management and Utilization of ODA promulgated together with Decree No. 131/2006/NĐ-CP dated November 9, 2006 of the Government.

2. Attracting ODA must go hand in hand with enhancing the efficiency of its use, aligning with needs, capacity to receive and utilize ODA, and ensuring the ability to repay foreign debt.

3. Adherence to Vietnamese laws and international agreements on ODA to which Vietnam is a party. In cases where an international agreement on ODA to which Vietnam is a party provides different provisions than Vietnamese laws, the international agreement shall prevail.

Authority to approve ODA programs and projects

Article 4. 1. General principle: The authority to approve ODA programs and projects is stipulated in Article 19 of the Rules on Management and Utilization of ODA promulgated together with Decree No. 131/2006/NĐ-CP dated November 9, 2006 of the Government, specifically:

a) The Prime Minister:

- Approves investment in national key programs and projects;

- Approves programs and projects accompanied by policy frameworks and technical assistance programs in the fields of security and defense.

b) The head of the agency in charge of the program or project decides on investment in investment programs and projects and approves technical assistance programs not covered by Point a, Clause 1, of this Article.

2. Authority to approve ODA programs and projects of the Ministry of Health:

a) The Minister of Health decides on investment and approves ODA programs and projects not covered by Point a, Clause 1, of this Article and approves programs and projects delegated by the Prime Minister for approval.

a) The Minister of Health decides on investment and approves programs and projects under Official Development Assistance (ODA) not falling within the provisions of Point a, Clause 1, Article [this article], and approves programs and projects delegated to be approved by the Prime Minister.

b) The authority to approve programs and projects under Official Development Assistance (ODA) managed by the Ministry of Health shall comply with the principle of division of responsibilities as stated in Decision No. 4297/QD-BYT dated November 6, 2007 of the Minister of Health on the division of responsibilities for leaders of the Ministry directly directing health work by territorial regions; Decision No. 4298/QD-BYT dated November 6, 2007 of the Minister of Health on the division of responsibilities for leaders of the Ministry directly responsible for subordinate units under the Ministry of Health; Decision No. 4299/QD-BYT dated November 6, 2007 of the Minister of Health on the division of responsibilities for leaders of the Ministry directly directing programs and projects within the field of health and any supplementary or amended documents approved by the Minister of Health (if any).

Article 5. Definitions

The following terms used in this Regulation shall be understood as follows:

1. "Managing agency of the program or project under ODA" means the Ministry of Health for programs and projects using ODA funds implemented and carried out directly by units under the Ministry of Health, public service units under the Ministry of Health, and projects in the field of health assigned by the Prime Minister to the Ministry of Health as the managing agency.

2. "Project proponent" or "Program/project proponent under ODA" (referred to collectively as "Project proponent") means units under the Ministry of Health or public service units under the Ministry of Health (hereinafter referred to collectively as "units"), entrusted with the direct responsibility of managing and utilizing ODA funds and counterpart funds to implement ODA investment programs/projects or ODA technical assistance programs/projects according to the approved content, and managing, using, or transferring such projects to other localities or units for management and use after the completion of the programs/projects.

3. "Regulation" refers to the Regulation on Management and Utilization of ODA funds issued together with Decree No. 131/2006/NĐ-CP dated November 9, 2006 of the Government.

4. "Circular 04" refers to Circular No. 04/2007/TT-BKH dated July 30, 2007 of the Ministry of Planning and Investment guiding the implementation of the Regulation on Management and Utilization of ODA funds (issued together with Decree No. 131/2006/NĐ-CP dated November 9, 2006 of the Government).

5. Other terms related to the management and utilization of ODA are defined in Article 4 of the Regulation.

Chapter II

ODA FUNDRAISING

 

Article 6. Fundraising Basis

ODA fundraising in the health sector is based on:

1. The socio-economic development strategy of the Government;

2. Annual, five-year, and ten-year planning and development plans of the Health Sector;

3. Priority policies of the Ministry of Health for the development of the sector and fields during each period;

4. Needs to fulfill the tasks of the unit;

5. Strategies and cooperation programs for development between Vietnam and donors in the health sector;

6. National strategy on foreign debt borrowing;

7. Guidelines on attracting and utilizing ODA funds by the Government during each period;

8. Strengths and priorities of the donor.

Article 7. Coordination in ODA Fundraising

1. The Department of Planning and Finance serves as the coordinating body for ODA assistance of the Ministry of Health and, together with the Department of International Cooperation, is responsible for coordinating with relevant agencies and units in fundraising for the health sector; preparing fundraising needs during high-level visits or negotiations of the Ministry of Health according to the guidelines of the Ministry of Planning and Investment in Circular 04.

2. The Department of International Cooperation leads the coordination with the Department of Planning and Finance and relevant units in preparing and organizing ODA fundraising conferences of the Ministry of Health.

3. Units actively fundraise ODA or coordinate with the Department of Planning and Finance and the Department of International Cooperation in fundraising for the health sector. Units interested in ODA sources may contact the Embassy or the donor's aid agency in Vietnam to request provision of relevant ODA documents published by the donor.

Article 8. Process for Proposing the List of Funding Requests for ODA

The process for proposing the list of funding requests for ODA of the Ministry of Health is stipulated as follows:

1. Notification to Develop Detailed Outline:

After receiving the notification from the Ministry of Planning and Investment regarding the time for exchange or negotiation with donors, within five working days, the Department of Planning and Finance reports to the leadership of the Ministry and then issues a notice to relevant units to develop detailed outlines of programs and projects to be proposed for inclusion in the list of funding requests for ODA.

2. Developing Detailed Outlines:

Within twenty working days from the date the Department of Planning and Finance notifies relevant units to develop detailed outlines of programs and projects to be proposed for inclusion in the list of funding requests for ODA, the units must develop detailed outlines of programs and projects according to the model specified in Appendix No. 2(a,b,c,d,e) of Circular 04 and submit them to the Ministry of Health (Department of Planning and Finance), 138A Giang Vo Street, Hanoi.

a) Valid documents for programs and projects registering for the list of funding requests for ODA of the Ministry of Health include:

- A formal letter from the unit to the Ministry of Health requesting registration of the program or project in the list of funding requests for ODA, which must provide a summary explanation of the basis for proposing each program or project.

- Six copies of the detailed outline of each program or project proposed to use ODA, in both Vietnamese and English.

b) Programs and projects selected for inclusion in the list of funding requests for ODA must meet the following requirements:

- The proposed programs and projects must fall within the priority areas for ODA use as stipulated in Article 3 of the Regulation;

- The proposed programs and projects must be consistent with the policies, procedures, and capabilities of the donor;

- The detailed outline of the program or project must be developed and meet the requirements set forth in Circular 04;

- The unit proposing the ODA program or project must have the capacity to receive, manage, and organize the implementation of the program or project, and exploit and utilize the results of the program or project after completion.

3. Seeking Consultation Opinions:

Within five working days from the date of receipt of valid documents from the units, the Department of Planning and Finance sends a document seeking opinions from departments, general directorates, bureaus, and relevant units on the detailed outline of the program or project registered for the list of funding requests for ODA.

4. Units consulted reply with their opinions:

Within seven working days from the date of receipt of the letter and the valid dossier of programs and projects sent by the Department of Planning and Finance, relevant Departments, General Directorates, Bureaus shall submit their written comments to contribute to the draft outline of the programs and projects registered for the Official Aid Program (ODA) funding list to the Department of Planning and Finance. After this deadline, if any unit does not send its comments, it will be considered as having agreed with the draft outline of the programs and projects registered for the ODA funding list of that unit. Units consulted bear full responsibility before the Minister of Health and under the law for the responsibility of responding and the content of their consultation opinions, as well as for not responding to the consultation opinions.

5. Consolidating Consultation Opinions:

Within five working days from the expiration date of receiving consultation opinions, the Department of Planning and Finance shall consolidate the contributions of related units. In case it is necessary to modify the draft outline, the Department of Planning and Finance will notify the unit to complete the detailed program and project outline. After completion, the units shall submit ten copies of the detailed program and project outline registered for the ODA funding list (in Vietnamese and English) to the Ministry of Health (Department of Planning and Finance).

6. Submitting Programs and Projects Registered for the ODA Funding List to the Leadership of the Ministry of Health:

Within five working days from the date of receipt of the completed detailed program and project outlines from the units, the Department of Planning and Finance shall submit them to the leadership of the Ministry of Health for signing the letter to the Ministry of Planning and Investment to register the ODA funding list, along with ten copies of the detailed program and project outlines in Vietnamese and English for each program and project.

7. Announcing the Official Funding List:

Within three working days from the date of receipt of the notification letter from the Ministry of Planning and Investment regarding the selected programs and projects for the official funding list or those not selected, the Ministry of Health (Department of Planning and Finance) shall announce the results to the units and guide the next steps for the selected programs and projects.

 

The official funding list is the ODA funding request list approved by the Prime Minister and accepted in principle by the donor. The official funding list serves as the legal basis for preparing programs and projects.

8. Some Special Cases During the Registration Process for the ODA Funding Request List:

a) In cases where the donor does not have a regular ODA provision program for Vietnam or does not have an agreed negotiation schedule for annual or periodic development cooperation programs, units requiring ODA funds from such donors shall proactively seek information and documents about the donor and build the detailed program and project outline based on the guidance provided in Circular 04. Thereafter, the process of registering programs and projects in the ODA funding request list shall be carried out according to the provisions from Clause 1 to Clause 7 of this Article.

b) In cases where the donor actively proposes and agrees with the Ministry of Health to fund programs and projects not included in the officially approved ODA funding request list (the donor has not specified a specific recipient), the Ministry of Health (Department of Planning and Finance) shall base on the donor's funding proposal, the capacity and needs of the units, and report to the Minister of Health to designate a unit to prepare the program and project outline for registration in the ODA funding request list. The designated unit shall be responsible for preparing the program and project outline for registration in the ODA funding request list and implementing the process of registering programs and projects in the ODA funding request list according to the provisions from Clause 1 to Clause 7 of this Article.

c) In cases where the donor actively proposes and agrees with the unit to fund programs and projects not included in the officially approved ODA funding request list (the donor has a specific recipient), the unit shall prepare the program and project outline for registration in the ODA funding request list and implement the process of registering programs and projects in the ODA funding request list according to the provisions from Clause 1 to Clause 7 of this Article.

For the cases mentioned in Point b and c, Clause 8, Article 8, the valid registration dossier for the ODA funding request list, in addition to the requirements for a valid dossier stipulated in Clause 2, Article 8, must also include a Letter or Commitment from the Donor regarding the funding proposal for the program and project in the donor's language and a Vietnamese translation.

d) For other emerging cases, the unit shall report to the Ministry of Health for review before submitting to the Prime Minister for consideration and decision.

Chapter III

PREPARATION, REVIEW, APPROVAL

CONTENT OF ODA PROGRAMS AND PROJECTS

Article 9. DETERMINING THE PROJECT OWNER

1. Determining the Project Owner: After receiving the notification from the Ministry of Planning and Investment regarding the official funding list, within five working days, the Department of Planning and Finance shall coordinate with relevant Departments, General Directorates, and Bureaus to propose the Project Owner and submit it to the Minister of Health for decision.

The issuance of the Project Owner Decision shall be carried out according to the guidelines in Section I, Part III, Circular 04.

2. Regulations on the Project Owner:

a) For investment programs and projects, the Project Owner must ensure the conditions stipulated by current laws on investment management and construction;

b) For technical assistance programs and projects, the Project Owner must ensure:

- Having functions, tasks, and activities consistent with the objectives and contents of the technical assistance program and project;

- Meeting other necessary conditions as prescribed by law.

3. Other exceptional cases regarding the determination of the Project Owner are guided in Section I, Part III, Circular 04.

Article 10. Preparing ODA Programs and Projects in the Official Funding List:

1. The Project Owner is responsible for coordinating with the donor to organize the preparation of documents for the ODA programs and projects approved in the official funding list, ensuring the progress and quality of the program and project documents.

2. Documents for ODA programs and projects shall be prepared according to the models specified in Appendices 4a, 4b, and 4c of Circular 04 for technical assistance programs and projects; multi-component, multi-sectoral programs and projects with only one managing agency; and ODA programs and projects. For investment programs and projects, the project development shall be carried out in accordance with the provisions set forth in Decree No. 16/2005/NĐ-CP dated February 7, 2005, and Decree No. 112/2006/NĐ-CP dated September 29, 2006, of the Government.

3. The preparation funds for ODA programs and projects shall be implemented in accordance with Article 12 of the Regulation.

Article 11. The appraisal and approval of ODA programs and projects fall within the authority of the Ministry of Health.

1. The Department of Planning and Finance serves as the coordinating body to work with Departments, General Directorates, Bureaus, and related units to organize the appraisal and submit to the leadership of the Ministry of Health for approval of ODA programs and projects within the authority of the Minister of Health to approve.

2. The project proponent may not undertake the appraisal of their own technical assistance ODA program or project.

3. Documents for submission for appraisal and approval of ODA programs and projects:

A valid application requesting the Ministry of Health to appraise and approve ODA programs and projects includes:

a) A letter from the unit proposing the appraisal and approval of the program or project to the Ministry of Health;

b) Notification from the Prime Minister or the Ministry of Planning and Investment regarding the list of ODA funding requirements;

c) Program and project documents for ODA in both Vietnamese and English, developed according to the model specified in Appendix 4 or Appendix 5 of Circular 04;

d) Agreements, memoranda of understanding with the donor or the representative of the donor;

e) Report on the implementation of the program or project in the previous phase (if it is a continuation of a previous phase);

g) Number of sets of documents: six copies (Vietnamese and English), including at least one original copy.

4. The process of appraisal and approval of ODA programs and projects at the Ministry of Health:

a) Submission of Documents:

The unit submits valid documents to the Ministry of Health (Department of Planning and Finance) at 138A Giang Vo Street, Hanoi.

b) Seeking Consultation Opinions:

Within three working days from the date of receipt of valid documents for ODA programs and projects submitted for appraisal and approval, the Department of Planning and Finance sends a document seeking opinions from Departments, General Directorates, Bureaus, and related units on the program or project.

c) Related Units Responding to Consultation Opinions:

Within five working days from the date of receipt of the consultation opinion request letter from the Department of Planning and Finance along with the program or project, the consulted units must officially respond in writing to the Department of Planning and Finance. After this period, if the unit does not provide an official response, it will be considered as agreeing with the content of the program or project. Units participating in the appraisal of the program or project bear responsibility before the Ministry of Health and the law for their duty to respond (or not respond) to consultations and the content of their contributions to the programs or projects.

d) Conducting Appraisal:

- Regulations on the organization of the appraisal of ODA programs and projects by the Ministry of Health:

+ For ODA programs and projects with capital under US$500,000, the Department of Planning and Finance conducts the appraisal through soliciting opinions from Departments, General Directorates, Bureaus, and related units. This method applies to technical assistance programs and projects with clear and consistent content with the detailed outline approved by the Prime Minister.

Within three working days from the date of receipt of all consultation opinions from Departments, General Directorates, Bureaus, and related units, and the completed program or project documents from the project proponent, the Department of Planning and Finance prepares an appraisal report and submits it to the leadership of the Ministry of Health for approval of the ODA program or project.

+ For ODA programs and projects with capital between US$500,000 and US$1,000,000, the appraisal is conducted through organizing an appraisal meeting chaired by the leadership of the Department of Planning and Finance, with participants including Departments, General Directorates, Bureaus, and related units. If necessary, the appraisal meeting may include participation from relevant Ministries and sectors.

+ For ODA programs and projects with capital over US$1,000,000, the appraisal is conducted through organizing an appraisal meeting chaired by a Deputy Minister, with participants including Departments, General Directorates, Bureaus, and related units. If necessary, the appraisal meeting may include participation from relevant Ministries and sectors.

Within three working days from the end of the comment period, the Department of Planning and Finance proposes members to participate in the appraisal meeting and the appraisal schedule to the leadership of the Ministry of Health/the leadership of the Department of Planning and Finance. Members notified to attend the appraisal meeting must fully participate. Any member who cannot attend due to force majeure must notify the Department of Planning and Finance one day before the meeting, accompanied by a written contribution to the program or project for reporting to the leadership of the Ministry of Health/the leadership of the Department of Planning and Finance.

The content of the appraisal of ODA programs and projects is carried out in accordance with Part III of Circular 04.

- Preparation of the Appraisal Report/Minutes:

Within three working days from the end of the comment period (for the consolidation of appraisal opinions) or from the conclusion of the appraisal meeting (for the organized appraisal meeting), the Department of Planning and Finance consolidates the opinions received, prepares the appraisal report/minutes according to the model specified in Appendix 6 of Circular 04, and notifies the project proponent to complete the program or project (if necessary).

- Completion of Programs and Projects:

Within three working days from the date of receipt of the notification from the Department of Planning and Finance to complete the program or project documents (for consolidated opinion appraisal) or after the conclusion of the appraisal meeting (for organized appraisal meetings), the project proponent submits the completed program or project documents, six copies, including the original copy, to the Ministry of Health (Department of Planning and Finance).

- Approval of Programs and Projects:

Within three working days from the date of receipt of the completed program or project documents from the unit and completion of the appraisal report/minutes, the Department of Planning and Finance submits to the leadership of the Ministry of Health for approval of ODA programs and projects within the authority of the Minister of Health to approve according to Article 4 of this Regulation.

d) Notification of approval of programs and projects:

- Within three working days from the date the Department of Planning and Finance receives the Decision approving the program or project by the Ministry of Health, the Department of Planning and Finance shall send:

+ The Decision approving the program or project along with the program or project documentation (original copy, certified by the Head of the Department of Planning and Finance, stamped across the join) and the report/minutes of the review to the Ministry of Planning and Investment and the Ministry of Finance.

+ The Decision approving the program or project along with the program or project documentation (original copy, certified by the Head of the Department of Planning and Finance, stamped across the join) to the Project Owner to proceed with implementing the program or project.

- The Project Owner shall notify the donor of the Decision approving the program or project by the competent authority.

The program or project documentation and accompanying documents (including any amendments and supplements) approved by the competent authorities serve as the basis for negotiating, signing, and implementing specific international agreements on ODA.

đ) Some points to note:

- The project investment documentation using ODA funds must be prepared in accordance with current regulations on investment management, construction, and ensuring the requirements set out in Article 13 of the Regulation.

- For ODA investment programs and projects, the content, procedures, and deadlines for review shall be carried out in accordance with current laws on investment and construction management.

- For investment programs and projects, the review and approval of technical design, total budget estimate, issuance of construction permits, quality management of works, acceptance, handover, warranty, and insurance of construction works shall be implemented in accordance with current laws on investment and construction management.

Article 12. Review and approval of ODA programs and projects within the approval authority of the Prime Minister

1. Valid dossier submitted to the Ministry of Health for review of programs and projects under the approval authority of the Prime Minister: as stipulated in Clause 3, Article 11 of this Regulation. Note the number of dossiers: ten copies, including at least three original copies.

2. Review process:

a) For projects falling under this category, the review process at the Ministry of Health shall be conducted as prescribed in Clause 4, Article 11 of this Regulation.

b) Other points:

- Completing programs and projects:

After receiving the conclusion of the review meeting, within three working days, the Project Owner shall complete the program or project and submit ten sets of program or project documentation (in Vietnamese and English) to the Ministry of Health (Department of Planning and Finance), including at least three original copies.

- Preparing the report/minutes of review and submitting for approval of programs and projects:

Within three working days, the Department of Planning and Finance shall prepare the report/minutes of review of ODA programs and projects and submit them to the Ministry of Health for signing a letter to the Prime Minister for consideration and approval of ODA programs and projects through the Ministry of Planning and Investment.

- Submitting to the Prime Minister for review and approval of programs and projects:

Within three working days from the date of receipt of the letter submitted to the Prime Minister signed by the Head of the Ministry of Health, the Department of Planning and Finance shall submit the letter to the Prime Minister along with eight sets of program or project documentation (in Vietnamese and English) to the Ministry of Planning and Investment, and one set of program or project documentation sent back to the Project Owner unit.

- The review and approval process of ODA programs and projects within the approval authority of the Prime Minister at the Ministry of Planning and Investment shall be carried out in accordance with the provisions stated in Part III of Circular 04.

Article 13. Review and approval of adjustments, modifications, and supplements to ODA programs and projects

1. General principle: Adjustments, modifications, and supplements to the content of ODA programs and projects during implementation shall be conducted in accordance with the provisions of Article 31 of the Regulation and Clause V, Part V of Circular 04.

2. Valid dossier:

a) A letter from the Project Owner to the Ministry of Health requesting review and approval of adjustments, modifications, and supplements to ODA programs and projects. In this letter, clear reasons and necessary solutions for adjusting, modifying, and supplementing the programs and projects must be explained.

b) A table explaining the budget for adjusting, modifying, and supplementing the programs and projects.

c) Documentation from the donor agreeing (or "not opposing") to the matter.

3. Organizational levels for review:

a) For adjustments and supplements with capital below US$300,000, the review will be conducted by synthesizing opinions from Departments, General Departments, Bureaus, and related units.

b) For adjustments and supplements with capital from US$300,000 to US$500,000, the review will be conducted by organizing a review meeting chaired by the Head of the Department of Planning and Finance.

c) For adjustments and supplements with capital above US$500,000, the review will be conducted by organizing a review meeting chaired by the Head of the Ministry of Health.

4. Review and approval process:

To be carried out as stipulated in Clause 4, Article 11 of this Regulation.

Article 14. Approving annual plans for ODA programs and projects

Based on the updated overall implementation plan of ODA programs and projects approved by the supervising agency, within ten working days, the Project Owner shall approve the detailed implementation plan of the program or project for each year after consulting the Department of Planning and Finance. If necessary, the Project Owner may seek additional consultations from other Departments, General Departments, Bureaus, and related units.

The implementation plan of the program or project for each year serves as the basis for allocating resources for the activities of the program or project and is the foundation for developing quarterly implementation plans, serving management, monitoring, inspection, evaluation, commendation, and reward activities for project management by the Project Management Board.

Chapter IV

SIGNING AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS ON ODA

Article 15. Signing and implementing international agreements on ODA

1. Signing and implementing international agreements on ODA shall comply with the Law on Signing, Joining, and Implementing International Agreements and Circular No. 01/2008/TT-BNG dated February 4, 2008, of the Ministry of Foreign Affairs guiding the procedures and formalities for signing and implementing international agreements related to ODA sources.

2. The program or project documentation and accompanying documents (including any amendments and supplements) approved by the competent authorities serve as the basis for negotiating, signing, and implementing specific international agreements on ODA with the donor.

3. During the implementation of international agreements on ODA, if there are adjustments, amendments, supplements, or extensions, such adjustments, amendments, supplements, or extensions of international agreements on ODA shall be carried out in accordance with Circular No. 01/2008/TT-BNG dated February 4, 2008, issued by the Ministry of Foreign Affairs.

Chapter V

MANAGEMENT OF IMPLEMENTATION OF ODA PROGRAMS AND PROJECTS

Article 16. Duties, responsibilities, and authorities of the Managing Agency, Head of ODA Programs and Projects

The duties, responsibilities, and authorities of the Managing Agency, Head of ODA Project are stipulated in Article 23 and 24 of the Regulation.

Article 17. Establishment of the ODA Program and Project Management Board (Board QLDA)

1. Within ten working days immediately following the approval of the program or project by the competent authority, the Ministry of Health or the Head of the Project shall issue a Decision to establish the Board QLDA. The Board QLDA is established to assist the Ministry of Health and the Head of the Project in managing and implementing ODA programs and projects.

2. The procedures for establishment, organizational structure, functions, duties, and authorities of the Board QLDA, and the responsibility relationship between the Board QLDA, the Head of the Project, the Managing Agency, and state management agencies are detailed in Circular No. 03/2007/TT-BKH dated March 12, 2007, issued by the Ministry of Planning and Investment regarding the organizational structure and functions of the ODA Program and Project Management Board.

3. The Cadre Organization Department is the focal point, coordinating with the Finance and Planning Department and other Departments, General Bureaus, and Bureaus related to submit to the Leadership of the Ministry of Health for issuing a Decision to establish the Board QLDA based on the proposal of the Head of the ODA Project for key positions in the Board QLDA such as Director of the Board QLDA, Deputy Director of the Board QLDA (if any), Chief Accountant or Accountant of the Board QLDA.

4. Some notes:

a) The Ministry of Health directly manages and implements or assigns a unit under its jurisdiction to manage and implement ODA programs and projects supporting technical assistance.

b) The Head of the Project directly manages and implements ODA investment programs and projects.

c) The Head of the Project may hire a consulting organization to manage and implement ODA investment programs and projects (Project Manager) in accordance with current laws.

d) For small and simple ODA programs and projects with a total capital (including counterpart funds) below one billion dong, the Ministry of Health and the Head of the Project may not establish the Board QLDA but use their own professional machinery to manage and implement the programs and projects. For investment projects within this category, the Head of the Project may hire professionals with expertise and experience to help manage and implement the programs and projects.

e) Ensure that the Board QLDA does not act as the Head of the Project.

f) During the implementation of programs and projects, if there are changes in personnel in the Board QLDA, within ten working days from the date of personnel change, the Head of the Project shall issue a Decision or request the Ministry of Health to issue a Decision to adjust the personnel of the Board QLDA to ensure continuous operation of the project.

Article 18. Management of Implementation of ODA Programs and Projects by the Ministry of Health:

Some issues to note in the management and implementation of ODA programs and projects managed by the Ministry of Health:

1. Activities providing goods, consulting services, and basic construction of programs and projects through bidding must comply with current laws on bidding, international agreements on ODA to which Vietnam is a member, and follow specific guidelines of the Ministry of Health. In cases where the bidding provisions in specific ODA agreements signed differ from the current bidding regulations of Vietnam, the specific ODA agreement signed shall be followed.

2. Activities providing experts for ODA programs and projects shall be implemented according to the current expert regulations. When necessary, the International Cooperation Department shall coordinate with the Finance and Planning Department to confirm experts belonging to ODA programs and projects as a basis for relevant agencies to examine preferential exemption regimes according to the expert regulations or issue visas for project experts to work in Vietnam.

3. Activities sending cadres abroad for observation and study in the plan of programs and projects shall be implemented according to the current regulations of the Ministry of Health on observation and study abroad.

4. ODA programs and projects with loan capital shall follow the withdrawal procedures stipulated in the Agreement signed with the sponsor. Withdrawal requests shall be sent to the Ministry of Finance and the Ministry of Health (Finance and Planning Department) to monitor disbursement progress.

5. ODA programs and projects involving tax activities according to current regulations must budget sufficient counterpart funds to pay taxes. In cases where specific ODA agreements signed with sponsors have different agreements on taxes, they shall be implemented according to the provisions of the specific ODA agreement.

6. Compensation, land clearance, and resettlement in programs and projects shall be carried out in accordance with current laws and international agreements on ODA to which Vietnam is a member.

The dossier for reviewing compensation plans, land clearance, and resettlement in programs and projects must include a written commitment from the competent authority responsible for land clearance and resettlement regarding the progress and deadline for completing compensation, land clearance, and resettlement consistent with the progress of each package in the program or project.

7. Settlement and final accounting of programs and projects must be carried out in accordance with current laws and international agreements on ODA currently in effect for Vietnam.

Article 19. Monitoring and Evaluation of ODA Programs and Projects

1. The monitoring and evaluation of ODA programs and projects shall be carried out in accordance with Article 33, 34, and 35 of the Regulation and Clause I, II, Part VI of Circular 04.

2. Periodically or at random, the Finance and Planning Department shall be the focal point, coordinating with related Departments, General Bureaus, Bureaus, the Office of the Ministry, and the Inspectorate of the Ministry to organize inspections, evaluations, or when necessary, propose to the Leadership of the Ministry of Health to hire consultants to evaluate the implementation of ODA programs and projects.

3. The Finance and Planning Department shall be the focal point, coordinating with related Departments, General Bureaus, Bureaus, the Office of the Ministry, and the Inspectorate of the Ministry of Health to organize the evaluation of ODA programs and projects upon completion.

Article 20. Regulations on Reporting on the Implementation of ODA Programs and Projects

1. The reporting regime for implementing ODA programs and projects shall be carried out in accordance with the provisions set forth in Article 36 of the Regulation; Clause III, Part VI of Circular 04 and Decision No. 803/2007/QĐ-BKH dated July 30, 2007 of the Ministry of Planning and Investment.

2. Sanctions for violations of the reporting regime shall be handled in accordance with Point 4, Clause III, Part VI of Circular 04.

Article 21. State management of ODA

The Ministry of Health shall uniformly manage ODA and assign the following tasks to its Departments, General Departments, Bureaus, Office, and Inspectorate:

1. Department of Planning and Finance:

a) Serve as the central unit assisting the Minister of Health in state management of ODA, responsible for attracting, coordinating, and managing ODA programs and projects of the Ministry of Health, coordinate with other Departments, General Departments, Bureaus, Inspectorate, and Office of the Ministry of Health to guide, ensure coordination in management, strict supervision, and promote the initiative of units involved in all activities related to ODA programs and projects of the Ministry of Health;

b) Lead in drafting and submitting for promulgation or promulgating within its authority legal regulatory documents on the management and use of ODA;

c) Financial management of ODA programs and projects. Lead and coordinate with the Office, relevant Departments, and General Departments to guide financial management regulations for programs and projects;

d) Lead in preparing the disbursement plan for ODA funds of the Ministry of Health, ensuring adequate and timely preparation of funds for programs and projects, counterpart funds for preparation and implementation, and funds allocated from the state budget in the annual capital plan;

e) Monitor and inspect the management and organization of program and project implementation; urge and support the execution of programs and projects; coordinate with relevant Departments, General Departments, Bureaus, and units to organize project evaluations upon completion;

g) Serve as the focal point for handling ODA issues related to the health sector involving localities or other ministries and agencies;

h) Evaluate the effectiveness of attracting and using ODA funds; submit periodic, ad hoc, and on-demand reports to the State, the leadership of the Ministry of Health on the situation of management and implementation of programs and projects and the effectiveness of attracting and using ODA funds.

2. Department of International Cooperation:

The Department of International Cooperation serves as the focal point and is responsible for coordinating with the Department of Planning and Finance, relevant Departments, and General Departments to guide Project Leaders in signing specific international agreements on ODA for programs and projects according to the guidelines of the Ministry of Planning and Investment and the Ministry of Foreign Affairs; organize meetings to mobilize ODA for the Ministry of Health; coordinate with the Department of Planning and Finance to guide units in mobilizing ODA and undertake other responsibilities as stipulated in Clause 4 of this Article.

3. Department of Organization and Cadres:

The Department of Organization and Cadres is responsible for coordinating with the Department of Planning and Finance and relevant units in drafting and submitting to the leadership of the Ministry of Health for issuance Decisions establishing the Project Management Board and Operation Regulations of the Project Management Board proposed by Project Leaders and undertaking other responsibilities as stipulated in Clause 4 of this Article.

4. Departments, General Departments, Bureaus, Office, and Inspectorate of the Ministry of Health:

Departments, General Departments, Bureaus, Office, and Inspectorate of the Ministry of Health are responsible for participating in ODA assistance management within their scope of state management functions and duties. When requested, they must participate in contributing opinions, reviewing ODA programs and projects within their areas of state management; participate in monitoring, evaluating, finalizing, and auditing ODA programs and projects when required.

Chapter III

IMPLEMENTATION

Article 22. Implementation Provisions

1. Heads of Departments, General Department Directors, Bureau Chiefs, Office, and Inspectorate of the Ministry of Health are responsible for disseminating and implementing this Provision.

2. Heads of affiliated public institutions benefiting from ODA programs and projects, ODA Project Leaders, and ODA Project Directors are responsible for implementing this Provision.

3. Rewards and sanctions for violations:

a) Organizations and individuals who achieve outstanding results in implementing this Provision shall be rewarded in accordance with the law on commendation and reward;

b) Organizations and individuals violating the provisions of this Provision shall be subject to sanctions according to the nature and degree of violation as prescribed by law.

4. During the implementation process, if there are difficulties, Departments, General Departments, Bureaus, Office, and Inspectorate of the Ministry of Health and affiliated units of the Ministry of Health and related units shall promptly report to the Ministry of Health (Department of Planning and Finance) to supplement and perfect this Provision./.