Decree No. 17/2001/ND-CP On the Issuance of the Regulation on Management and Use of Official Development Assistance (ODA)

DECREE

Regarding the issuance of the Regulation on Management and Utilization of Official Development Assistance Funds

_______________________________

 THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Ordinance on the Conclusion and Implementation of International Treaties dated August 20, 1998;

At the proposal of the Minister of Planning and Investment, the Minister of Justice, and the Minister, Head of the Government Office;

 

DECREE:

Article 1. This Decree promulgates the Regulation on Management and Utilization of Official Development Assistance (hereinafter referred to as ODA).

Article 2. This Decree shall take effect fifteen days from the date of signature and shall replace Decree No. 87/CP dated August 5, 1997 of the Government on the issuance of the Regulation on Management and Utilization of Official Development Assistance.

Article 3. Within three months from the date this Decree takes effect, all issues related to attracting, managing, utilizing, and implementing ODA programs and projects prior to the effective date of this Decree must be adjusted to comply with the provisions of this Decree.

Article 4. The Minister of Planning and Investment, the Minister of Finance, the Minister of Foreign Affairs, the Governor of the State Bank of Vietnam, and the Heads of Ministries, sectors, and organizations concerned are responsible for guiding and supervising the implementation of this Decree.

Article 5. Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Chairpersons of provincial and municipal People's Committees directly under the central government, and Heads of organizations concerned are responsible for implementing this Decree./.

 

REGULATION ON MANAGEMENT AND UTILIZATION OF OFFICIAL DEVELOPMENT ASSISTANCE

(Adopted along with Decree No. 17(17/2001/NĐ-CP dated May 4, 2001 of the Government)

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Regulation governs activities related to attracting, managing, and utilizing official development assistance funds.

Official Development Assistance (hereinafter referred to as ODA) in this Regulation means cooperation in development between the State or the Government of the Socialist Republic of Vietnam and the donor, including:

a) Foreign governments;

b) Intergovernmental or international organizations.

Article 2. Forms of ODA provision include:

a) Non-repayable ODA;

b) Preferential loans with non-repayable elements (also called "grant components") amounting to at least 25%.

Article 3. Methods of ODA provision include:

a) Balance of payments support;

b) Program support;

c) Project support.

Article 4. Basic Principles

1. ODA is an important source of state budget capital, used to support the implementation of priority economic and social development goals.

2. The Government uniformly manages ODA at the national level based on decentralization, enhancing responsibility, and ensuring close coordination among levels, sectoral management agencies, and localities.

3. The process of attracting, managing, and utilizing ODA must comply with the following requirements:

a) The Government plays a role in management and direction, fully leveraging the initiative and responsibility of the competent authorities and implementing agencies;

b) Ensuring comprehensiveness, unity, and synchronization in ODA management work;

c) Ensuring broad participation of relevant parties, including beneficiaries;

d) Ensuring clarity and transparency regarding the rights and responsibilities of relevant parties;

e) Ensuring harmonization of procedures between Vietnam and donors.

4. The process of attracting, managing, and utilizing ODA funds must comply with the provisions of the State Budget Law, the Regulation on Management and Utilization of Official Development Assistance, the Regulation on Management of Borrowing and Repaying Foreign Debts, and other current management regulations of the State. In cases where international treaties on ODA concluded between the State or Government and the donor contain different provisions, such provisions shall be implemented according to the treaty provisions.

Article 3. Priority Areas for ODA Utilization

1. Non-repayable ODA capital shall be prioritized for use in programs and projects in the following areas:

a) Poverty reduction and hunger eradication, primarily in rural, remote, and mountainous areas;

b) Health, population, and development;

c) Education and human resource development;

d) Social issues (employment creation, potable water supply, disease prevention, social evil prevention);

đ) Environmental protection, conservation and development of natural resources; scientific research and technology, enhancing research and implementation capacity;

e) Preparation of development programs and projects (planning, basic surveys);

g) Administrative and judicial reform, strengthening the capacity of central and local state management agencies, and institutional development;

h) Other areas as decided by the Prime Minister.

2. Repayable ODA capital shall be prioritized for use in programs and projects in the following areas:

a) Poverty reduction and hunger eradication, agriculture, and rural development;

b) Transportation, telecommunications;

c) Energy;

d) Social infrastructure (public welfare facilities, health, education and training, water supply and drainage, environmental protection);

đ) Supporting certain production sectors to address socio-economic issues;

e) Balance of payments support;

g) Other areas as decided by the Prime Minister.

During implementation, the list and order of priority areas for utilizing ODA funds will be adjusted by the Government to suit each stage of development.

Article 4. Procedures for Attracting, Managing, and Using ODA

The procedures for attracting, managing, and using ODA are carried out through the following main steps:

1. Establishing a list of priority programs and projects for mobilizing and using ODA.

2. Mobilizing ODA.

3. Negotiating and signing framework international agreements on ODA.

4. Announcing framework international agreements on ODA.

5. Preparing documentation for ODA programs and projects.

6. Reviewing and approving the content of ODA programs and projects.

7. Negotiating, signing, ratifying, or approving specific international agreements on ODA.

8. Implementing ODA programs and projects.

9. Monitoring, evaluating, finalizing, settling accounts, and handing over results of ODA programs and projects.

Article 5. Definitions

In this Regulation, some terms are understood as follows:

1. "Project"Program" is a set of related activities aimed at achieving one or more specific goals within a defined period, based on specified resources. A program includes investment projects and technical assistance projects.

2. "Investment project"Investment project" is a new, expanded, or improved physical facility aimed at increasing quantity or maintaining, improving, and enhancing the quality of products or services within a defined period.

3. "Technical assistance project"is a project mainly focused on providing software elements, including institutional capacity development projects, human resource development, technology transfer, or knowledge and experience transfer, providing technical inputs to prepare and implement investment projects.

4. "the Program"Program" is a set of activities and related projects that may involve multiple economic and technical sectors, regions, and different subjects, implemented through interdisciplinary approaches with relatively long implementation periods or multiple stages, and resources for implementation can be mobilized from various sources and methods.

5. "Official Development Assistance (ODA) Program and Project" refers to a program or project that uses official development assistance (ODA) resources.

6. "International Agreement on ODA" is a written agreement signed between representatives of the State or Government of Vietnam and representatives of the donor regarding issues related to ODA, including Agreements, Protocols, program documents, project documents, and other exchange documents between parties with equivalent value.

7. "Framework International Agreement on ODA" is an international agreement on ODA that sets out principles and includes content related to: strategy, policy, cooperation framework, priority directions in providing and using ODA; list of sectors, programs, or ODA projects; general conditions and ODA commitments for one year or multiple years for programs and projects; principles on formality and management plans for implementing programs and projects.

8. "Specific International Agreement on ODA" is an international agreement on ODA that expresses specific commitments about the content of funded programs and projects (objectives, activities, results to be achieved, implementation plan, funding conditions, capital structure, obligations, rights, and responsibilities of each party, principles and standards to be followed in managing and implementing programs and projects, and disbursement and repayment conditions for loans for programs and projects).

9. "Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial People's Committees" is Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of provinces and centrally governed cities.

10. "Managing agencyMinistries and sectoral agencies, Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees of provinces and centrally governed cities having ODA programs and projects.

11. "Project Owner" is an organization entrusted with the direct responsibility of managing and utilizing ODA funds and counterpart funds to implement programs and projects according to the approved content.

12. "Counterpart Funds" refers to the value of domestic resources (cash, goods...) mobilized to prepare and implement ODA programs and projects according to the requirements of the programs and projects. Depending on each program and project, counterpart funds may include all or some of the following components:

a) Preparatory Costs for ODA Programs and Projects:

Research, investigation, survey, data collection, analysis, and synthesis costs;

Documentation preparation costs for programs and projects;

Costs for reviewing, supplementing, and completing program and project documentation until they are approved by the competent authority;

Costs for the preparatory team for programs and projects (including necessary costs for training and enhancing the capacity of core staff for the management board in subsequent phases).

b) Preparatory Implementation and Implementation Costs for ODA Programs and Projects:

Costs for the management board of programs and projects (salaries, bonuses, allowances, office expenses, working tools, administrative costs, project monitoring, evaluation, quality control, acceptance, handover, final settlement);

Design review costs, total budget approval costs, completion of investment and construction procedures, and other necessary administrative procedures;

Tendering organization costs;

Conference, seminar, training, and operational management skills enhancement program and project costs;

Technology, experience, and international skill dissemination costs;

Publicity and advertising costs for programs and projects and community participation activities;

Domestic service and tool provision costs for foreign contractors working under contracts in Vietnam;

Costs for hiring organizations and individuals to audit, monitor, and evaluate programs and projects;

Payment of indirect taxes, customs fees, insurance premiums according to current regulations;

Interest payments, deposit payments, commitment fees, and other related fees during the construction period;

Equipment reception and domestic transportation costs;

Audit costs;

Costs for implementing basic activities of programs and projects (survey, technical design, construction; compensation, land clearance, and resettlement, construction of certain project components, procurement of certain equipment);

Contingency and other reasonable costs.

 

Chapter II

PROMOTION, NEGOTIATION, AND SIGNING OF FRAMEWORK INTERNATIONAL AGREEMENTS ON ODA

Article 6. Principles for Mobilizing ODA

Mobilizing ODA shall be carried out based on: the socio-economic development strategy, the foreign borrowing and repayment strategy, public investment programs, planning, socio-economic development plans of the State, national programs, planning and development plans of localities or sectors, needs to receive capital, technology, knowledge, management experience, capacity to receive and utilize ODA at each period.

Article 7. List of Priority Programs and Projects for Mobilizing ODA

1. Before the fourth quarter of each year, the Managing Authority shall notify the Ministry of Planning and Investment of the list of priority programs and projects for mobilizing ODA, along with a draft for each program and project, clearly stating the necessity, suitability with planning, objectives, expected results, main activities, expected implementation period, expected ODA and counterpart funding, expected domestic financial mechanism for using ODA (allocated from the budget, rescheduled loans), forecasted impacts of the program and project on economic, social, and environmental aspects.

2. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance, the Ministry of Foreign Affairs, the Government Office, the Ministry of Justice (related to the field of international legal cooperation), the Government Organizational Cadre Management Board (related to the field of administrative reform), relevant ministries and sectoral management agencies to review, consolidate the list of priority programs and projects for mobilizing ODA submitted by the Managing Authorities, and compile it into a list of priority programs and projects to be included in the Government's report for mobilizing ODA at the Annual Consultative Group Meeting (CG Meeting).

3. This list shall be reviewed, supplemented, and adjusted annually by the Ministry of Planning and Investment based on implementation status and newly emerging ODA needs.

Article 8. Coordination in Mobilizing ODA

1. The Ministry of Planning and Investment is the central agency of the Government in preparing the CG Meeting and international forums on ODA for Vietnam. Sectoral ministries and agencies shall take the lead in preparing and organizing ODA coordination meetings within their sectors, with the coordination and joint leadership of the Ministry of Planning and Investment. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial People's Committees shall take the lead in organizing territorial ODA mobilization meetings, guided by the Ministry of Planning and Investment.

2. Vietnamese diplomatic missions abroad shall proactively conduct ODA mobilization activities in accordance with guidance from the Ministry of Planning and Investment.

Article 9. Negotiation and Signing of Framework International Treaties on ODA

1. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance, the Ministry of Foreign Affairs, the Government Office, and related competent agencies to compile a list of ODA programs and projects corresponding to donors and submit it to the Prime Minister for consideration and approval.

2. The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance, the Ministry of Foreign Affairs, the Government Office, and agencies with ODA needs to prepare content and conduct negotiations and signing of framework international treaties on ODA with donors.

3. In cases where the draft framework international treaty on ODA contains provisions that are inconsistent with current laws, the Ministry of Planning and Investment must organize written consultations with the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Justice, sectoral agencies, and consolidate them for submission to the Prime Minister for consideration and decision.

4. The signing of framework international treaties on ODA shall be carried out in accordance with the Ordinance on the Conclusion and Implementation of International Treaties.

5. After the framework international treaty on ODA has been signed, the Ministry of Planning and Investment shall notify in writing the Managing Authority about the programs and projects that the donor agrees to consider for financing during each period, to proceed with subsequent preparatory steps.

6. For ODA provided by donors under individual programs or projects not included in the plan and without signing a framework international treaty on ODA, the Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance, the Ministry of Foreign Affairs, the Government Office, and related agencies to submit to the Prime Minister for consideration and approval of the policy and procedures for receiving such ODA.

 

Chapter III

PREPARATION, REVIEW, AND APPROVAL OF CONTENT OF ODA PROGRAMS AND PROJECTS

Article 10. Requirements for the preparation of program and project documentation for ODA

All ODA programs and projects must have program and project documentation established according to the main contents prescribed in Chapter III of this Regulation, consistent with investment management and construction regulations, current laws, and in accordance with the requirements and guidance of the donor.

Article 11. Domestic financial mechanism for the use of ODA

1. The domestic financial mechanism for the use of ODA funds for programs and projects shall be implemented in the following forms:

a) Allocation from the state budget;

b) Re-lending from the state budget;

c) Partial allocation and partial re-lending.

2. The application of the domestic financial mechanism for each specific field, program, and ODA project shall be carried out in accordance with current regulations, based on the specific conditions of each program and project and the implementing agencies and localities.

Article 12. Capital for preparing ODA programs and projects

1. Programs and projects under the approved list by the Prime Minister and agreed upon by the donor (as announced by the Ministry of Planning and Investment) serve as the basis for planning annual and multi-year capital for preparing ODA programs and projects.

2. For programs and projects funded through budget allocations, the managing agency shall prepare plans for preparatory capital to be included in the annual consolidated budget plan of the sector or locality. The approval and allocation process for preparatory capital for allocated programs and projects shall be carried out in accordance with the State Budget Law.

In cases where the consideration for funding does not coincide with the annual budget planning period, the managing agency must submit a document to the Ministry of Planning and Investment and the Ministry of Finance requesting provisional funding from the central government's contingency reserve, which will then be deducted from the budget plan for preparatory capital in the subsequent fiscal year.

3. For programs and projects funded through re-lending from the budget or partially allocated and partially re-lent, the project leader shall balance and allocate preparatory capital.

4. Where the donor provides technical support for project preparation and fully or partially finances the preparatory costs for ODA programs and projects (including training and capacity building for program and project management in subsequent phases), the managing agency shall include these in the annual capital preparation plan and notify the Ministry of Planning and Investment and the Ministry of Finance for consolidation and monitoring.

Article 13. Preparatory Board for ODA Programs and Projects

1. Within fifteen working days from the date of receiving the official notification from the Ministry of Planning and Investment regarding the list of ODA programs and projects approved by the Prime Minister and agreed upon by the donor for consideration of funding, the head of the managing agency shall issue a decision to establish the Preparatory Board for the program and project, appoint the Chairman, and designate key staff members. The Preparatory Board must include personnel with sufficient capability and conditions to serve as core members of the subsequent phase's program and project management board.

2. The Preparatory Board for ODA programs and projects has the following responsibilities:

a) Studying and mastering the regulations of the Vietnamese Government and the donor regarding the preparation and implementation of programs and projects;

b) Understanding clearly the objectives, requirements, and conditions set for the programs and projects;

c) Drafting the preparatory plan for the programs and projects to be submitted for approval by the managing agency;

d) Determining the human resource needs, training, funding, working equipment, and relationships that need to be addressed during the preparatory phase;

đ) Organizing the mobilization of appropriate resources for the preparation of programs and projects;

e) Serving as the coordinating link with domestic organizations and the donor during the documentation preparation process for programs and projects;

g) Drafting the organizational operation rules and other necessary documents for the project management board;

h) Participating in negotiating specific international agreements on ODA.

Article 14. Main contents of the plan to prepare ODA programs and projects

The plan to prepare ODA programs and projects must include the following basic contents:

1. Objectives and results to be achieved during the preparation process, along with detailed outlines and requirements for program and project documents.

2. Sequence of preparation steps, main results of each step, and key activities serving each result.

3. Assignment of responsibilities, organizational structure, and identification of entities to be involved in the preparation process.

4. Differences between Vietnamese procedures and donor procedures, necessary measures to harmonize procedures.

5. Schedule for completing activities, results of the preparation process, and corresponding resource mobilization calendar.

Article 15. Feasibility Study Report for ODA Investment Programs and Projects

The feasibility study report for ODA investment programs and projects must be developed according to current regulations on investment management and construction, supplemented with the following contents based on the specific nature of ODA funds:

1. Position and role of the program and project within sectoral and local development plans.

2. Reasons for using ODA funds; strengths of the donor regarding technology, management experience, and policy advisory expertise in the funded field.

3. Assessment of constraints imposed by the donor's regulations on the ODA program and project.

Article 16. Detailed Feasibility Study Report for ODA Investment Programs and Projects

The detailed feasibility study report for ODA investment programs and projects must be developed according to current regulations on investment management and construction, supplemented with the following contents based on the specific nature of ODA funds:

1. Environmental impact analysis of the program and project.

2. Financial and socio-economic efficiency analysis of the program and project, taking into account donor-imposed constraints.

3. Sustainability of the program and project after completion (management and operation capability).

Article 17. Main Contents of ODA Program and Project Documents Supporting Technical Assistance

ODA program and project documents supporting technical assistance contain the following main contents:

1. Context and necessity of the program and project within the framework of long-term sectoral and local development plans.

2. Objectives, contents of activities, especially advisory activities, specific inputs and outputs of each activity, and overall qualitative and/or quantitative outcomes of the entire program and project.

3. Commitments undertaken by Vietnam.

4. Total amount of funding, funding utilization plan, and allocation method for each activity based on predetermined criteria.

5. Counterpart funding (in kind, cash), and sources of counterpart funding.

6. Implementation organization method for the program and project.

7. Sustainability of the program and project after completion.

In addition to the above contents, ODA program and project documents supporting technical assistance may include other contents based on agreement with the donor.

Article 18. Appraisal of ODA Programs and Projects

1. ODA programs and projects submitted for appraisal by competent authorities must be included in the list approved by the Prime Minister and agreed upon by the donor for funding.

2. ODA program and project documents stipulated in Articles 15, 16, and 17 of this Regulation and accompanying documents (including amended and supplementary documents) must be appraised and approved by competent authorities as the basis for negotiating, signing, and implementing specific international agreements on ODA with the donor.

3. For ODA programs and projects under the approval authority of the Prime Minister as specified in Clause 1, Article 20 of this Regulation, the Ministry of Planning and Investment shall be the leading agency organizing the appraisal.

4. For ODA programs and projects under the approval authority of the head of the managing agency as specified in Clause 2, Article 20 of this Regulation, the approving authority shall assign the competent agency under the managing agency to organize the appraisal.

5. The leading agency organizing the appraisal may utilize central and local specialized agencies, consulting organizations, and independent consulting experts to support the appraisal of programs and projects.

6. During the appraisal process, the leading agency organizing the appraisal must consider the contents agreed upon with the donor, the appraisal opinions of the donor or the donor's representative. Opinion Consensus opinions or differing opinions among parties must be reflected in the appraisal report.

7. Agencies participating in the appraisal bear legal responsibility for the contents of ODA programs and projects related to their authority.

8. The appraisal dossier for ODA programs and projects includes:

a) A request for appraisal from the Project Leader.

The Standing Office of the Council for International Cooperation on Non-Governmental Organizations (Vietnam Friendship Association) is the agency responsible for receiving registration dossiers, leading, and coordinating with member agencies of the Council to examine dossiers and return results of reviews of registration dossiers of foreign non-governmental organizations in Vietnam.b) Written opinion of the head of the managing agency (applicable to programs and projects approved by the Prime Minister). c) Program and project documents (for investment programs and projects, the document is either a preliminary feasibility study report or a detailed feasibility study report).

d) All relevant documents from agencies involved in preparing the program and project.

e) Agreed documents, memorandums with the donor or the donor's representative, reports of the expert team conducting the appraisal at the donor's request (if any).

The appraisal dossier must be prepared in eight copies for programs and projects under the approval authority of the Prime Minister, five copies for those under the approval authority of the head of the managing agency, including at least one original copy, all of which must be submitted to the leading agency organizing the appraisal as specified in Clauses 2 and 3 of this Article. Documents in foreign languages must be accompanied by Vietnamese translations.

9. The leading agency organizing the appraisal compiles opinions from relevant agencies, prepares an appraisal report to submit to the competent authority for approval of the program and project documents. The appraisal report must clearly state opinions on:

a) Accuracy of data, arguments, calculations, conclusions, and recommendations in the appraised document.

b) Feasibility of the program and project.

c) Rationality of ODA fund usage for the program and project.

c) The reasonableness of the use of ODA sources for programs and projects;

d) Issues of concern, existing problems, approaches to handling, measures for resolution, responsible organizations for handling, and deadlines for resolution;

đ) Commitments regarding changes in mechanisms and policies, differences in implementation procedures for ODA programs and projects, requirements and preconditions, conditions set by the donor for the ODA amount (if applicable);

e) Proposals for the agency in charge of negotiating specific international treaties on ODA;

In cases where necessary, the evaluation report must be accompanied by a draft decision approving the content of the program or project;

The agency in charge of organizing the evaluation and participating agencies shall be responsible before the competent authority and under the law for their evaluation reports;

10. The process and time limit for evaluating ODA-funded investment programs and projects within the Prime Minister's approval authority shall be implemented according to current regulations on investment management and construction;

11. The process and time limit for evaluating ODA-funded investment programs and projects within the approval authority of the head of the managing agency shall be decided by the head of the managing agency;

Within ten working days from the date of completing the evaluation and approval work, the managing agency must send the evaluation report on the program or project and the decision approving the program or project (original copy) along with the approved program or project documentation stamped with a cross-seal to the Ministry of Planning and Investment and the Ministry of Finance;

Article 19. Evaluation of ODA Programs and Projects for Technical Assistance

1. ODA programs and projects for technical assistance that are submitted for evaluation and approval must be included in the list of ODA programs and projects for technical assistance approved by the Prime Minister and agreed upon by the donor;

2. For ODA programs and projects for technical assistance within the approval authority of the Prime Minister as stipulated in Clause 1, Article 20 of this Regulation, the Ministry of Planning and Investment shall be the agency in charge of organizing the evaluation;

3. For ODA programs and projects for technical assistance within the approval authority of the head of the managing agency as stipulated in Clause 2, Article 20 of this Regulation, the competent authority for approval shall assign a functional agency under its jurisdiction to organize the evaluation;

4. Documentation of ODA programs and projects for technical assistance named by the managing agency and bearing responsibility must contain content consistent with the outline of the ODA programs and projects for technical assistance when submitting to the Prime Minister for approval of the list;

5. The Ministry of Planning and Investment shall guide the content and process of evaluating ODA programs and projects for technical assistance within the Prime Minister's approval authority;

6. The managing agency shall guide the content and process of evaluating ODA programs and projects for technical assistance within its own approval authority;

Within ten working days from the date of completing the evaluation and approval work, the managing agency must send the evaluation report and the decision approving the ODA program or project for technical assistance (original copy) along with the approved program or project documentation stamped with a cross-seal to the Ministry of Planning and Investment and the Ministry of Finance;

Article 20. Approval Authority for the Content of ODA Programs and Projects

1. The Prime Minister shall approve ODA programs and projects in Group A, including:

a) Programs of credit and balance-of-payments support using ODA funds;

b) National, sectoral, or inter-regional development programs and projects using ODA funds;

c) Programs and projects using ODA funds with objectives related to state institutions and policies, laws, administrative reform, information culture, security, and defense (regardless of the scale of funding);

d) Programs and projects using ODA funds with investment capital levels as prescribed by current regulations on investment management and construction. The conversion from the donor country's currency to Vietnamese Dong shall be carried out according to the exchange rate specified by the State Bank of Vietnam at the time of preparing the project documentation for ODA-funded investments;

đ) Technical assistance programs and projects using ODA funds with a capital level of 1 million USD or more, if in the donor's currency, shall be converted to US dollars according to the exchange rate specified by the donor at the time of preparing the project;

2. The head of the managing agency shall approve ODA programs and projects not covered in Clause 1 of this Article. When issuing the approval decision, the head of the managing agency must base it on the priority areas for ODA use as stipulated in Article 3 of this Regulation, the economic and social effectiveness of the ODA programs and projects, and the list of ODA programs and projects approved by the Prime Minister, and shall bear personal responsibility for the decision;

3. Within twenty working days from the date of receiving the evaluation report, the Prime Minister shall issue the approval decision for ODA programs and projects as stipulated in Clause 1 of this Article. Within ten working days from the date of receiving the evaluation report, the head of the managing agency shall issue the approval decision for ODA programs and projects as stipulated in Clause 2 of this Article;

 

Chapter IV

NEGOTIATION AND SIGNING OF SPECIFIC INTERNATIONAL TREATIES ON ODA

Article 21. Basis for negotiating and concluding specific international treaties on ODA

1. The basis for negotiating and concluding specific international treaties on ODA is the documentation of ODA programs and projects (for investment programs and projects, it is the feasibility study report or the investment decision) approved by the competent authority of Vietnam.

2. In certain special cases, to ensure the progress of ODA mobilization based on the explanatory document of the Managing Agency and considering the nature of the ODA program or project, the Ministry of Planning and Investment may propose the Prime Minister to allow the use of the pre-feasibility study report of the ODA program or project, which has been approved by the competent authority, as the basis for negotiating and concluding specific international treaties on ODA.

3. The Ministry of Planning and Investment shall notify the approval decision of ODA programs and projects by the competent authority to the Donor. After receiving the Donor's approval, the Ministry of Planning and Investment shall notify the Managing Agency to coordinate in preparing the negotiation content of specific international treaties on ODA.

Article 22. Negotiating specific international treaties on ODA

1. Leading the negotiation of specific international treaties on ODA:

a) The Managing Agency authorized to lead and coordinate with relevant agencies to negotiate specific international treaties on non-reimbursable ODA;

b) The Ministry of Finance authorized to lead and coordinate with relevant agencies to negotiate specific international treaties on ODA loans;

c) The State Bank of Vietnam authorized to lead and coordinate with relevant agencies to negotiate specific international treaties on ODA with international financial organizations mentioned in Clause 1 of Article 40 of this Regulation;

d) In necessary cases or at the request of the Donor, the Prime Minister may assign a suitable agency to represent the Government or request the President to authorize a suitable agency to represent the State in leading the negotiation of specific international treaties on ODA.

2. During the negotiation process, the leading negotiation agency shall directly seek opinions from relevant agencies to agree with the Donor on the content of specific international treaties on ODA. If the content of the international treaty differs from the approved decision on the ODA program or project content, the approving authority shall be responsible for reviewing and deciding on the necessary amendments.

For ODA programs and projects approved by the Prime Minister, before submitting to the Prime Minister for review and decision on amendments and supplements, the leading negotiation agency must obtain written opinions from the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, and other relevant agencies. Within ten working days from the date of receipt of the document from the leading negotiation agency, these agencies must provide written responses.

3. In case the draft of specific international treaties on ODA contains contents contrary to or not provided for in Vietnamese regulatory documents or commitments about institutions and policies exceeding their authority, the leading negotiation agency must report to the Prime Minister for review and decision.

Article 23. Signing specific international treaties on ODA

1. After completing negotiations, the leading negotiation agency must notify in writing the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, the Ministry of Justice, and other relevant agencies of the negotiation results and attach the draft of specific international treaties on ODA.

2. For programs and projects using ODA loans and those approved by the Prime Minister, after obtaining opinions from relevant agencies, the leading negotiation agency shall submit to the Prime Minister for approval of the negotiation results and decision on the person authorized to sign specific international treaties on ODA with the Donor on behalf of the Government.

3. For programs and projects using non-reimbursable ODA sources approved by the head of the Managing Agency, after obtaining opinions from relevant agencies as stipulated in Clause 1 of this Article, the head of the leading negotiation agency authorized by the Government may sign specific international treaties on ODA with the Donor.

4. In case specific international treaties on ODA must be signed in the name of the Socialist Republic of Vietnam, the Prime Minister shall submit to the President for review and decision.

5. The signing of specific international treaties on ODA shall be carried out in accordance with the provisions of the Ordinance on Signing and Implementing International Treaties, except where there are different provisions in the agreement between the competent authority of Vietnam and the Donor, in which case such provisions shall be implemented according to the agreement with the Donor.

 

Chapter V

MANAGEMENT OF IMPLEMENTATION OF ODA PROGRAMS AND PROJECTS

Article 24. Project Owner

1. The Project Owner (including component project owners, if any) must be determined in the decision approving the ODA program/project by the competent authority of Vietnam.

2. Ministries, provincial people's committees, and affiliated administrative agencies are permitted to act as Project Owners for ODA programs/projects funded by the State budget, but they may not act as Project Owners for ODA programs/projects that require rescheduling loans from the State budget, except in special cases where a program/project requires both funding and rescheduling, in which case the Ministry of Planning and Investment shall take the lead, coordinating with the Ministry of Finance to submit to the Prime Minister for consideration and decision. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).Provincial people's committees and affiliated administrative and service agencies are permitted to be Project Owners for ODA programs and projects that are allocated by the State, but they are not allowed to be Project Owners for ODA programs and projects that are rescheduled by the State, except in special cases where programs and projects involve both allocation and rescheduling, in which case the Ministry of Planning and Investment shall take the lead, coordinating with the Ministry of Finance to submit to the Prime Minister for consideration and decision.

Article 25. Program/Project Management Board

1. The supervising agency shall issue a decision to establish the Project Management Board immediately after the ODA program/project documentation has been approved by the competent authority.

2. The Program/Project Management Board (hereinafter referred to as the Project Management Board) represents the Project Owner and is fully authorized to act on behalf of the Project Owner to carry out assigned responsibilities and tasks from the start until the completion of the project, including final settlement, acceptance, and handover for operation and use.

3. The Project Management Board must have an operational regulation approved by the supervising agency. The Ministry of Planning and Investment will provide detailed guidelines on the model regulations concerning the functions, responsibilities, and operations of the Project Management Board.

4. The Project Management Board is permitted to have its own seal and open an account at a bank according to the decision of the Project Owner to implement the program/project in accordance with the laws and specific international agreements on ODA.

Article 26. Counterpart Funds for Preparing and Implementing ODA Programs/Projects

1. All ODA programs/projects must ensure sufficient counterpart funds for preparation and implementation. The sources and mechanisms for using counterpart funds must be stipulated in the decision approving the ODA program/project documentation.

2. Counterpart funds for preparing and implementing ODA programs/projects funded by the State budget must be allocated fully, promptly, and in accordance with the schedule specified in the approved ODA program/project documentation, consistent with the State budget laws and specific international agreements on ODA.

3. For ODA programs/projects that require rescheduling loans from the State budget and those partially funded and partially rescheduled, the Project Owner must secure all counterpart funds independently and provide a full explanation of their ability and plan to ensure counterpart funds before signing the loan agreement. In this case, the Project Owner is prioritized to borrow from State credit sources or the Development Support Fund. If there are unexpected difficulties in securing counterpart funds, the Project Owner must report to the supervising agency to seek solutions.

4. For ODA programs/projects that fail to allocate counterpart funds in the annual budget plan or have urgent needs for counterpart funds, the Project Owner and supervising agency must submit a document to the Ministry of Planning and Investment and the Ministry of Finance requesting temporary allocation of counterpart funds from the central government reserve fund, which will then be deducted from the subsequent annual counterpart fund plan.

5. The supervising agency is permitted to reallocate counterpart funds allocated in the annual plan from programs/projects that have unused counterpart funds according to the plan to other programs/projects that need counterpart funds but whose planned allocations in the year are insufficient.

Article 27. Advance Capital for Implementing ODA Programs and Projects

In cases where there is an urgent need for advance capital to implement certain components of programs and projects that have been committed to be funded from ODA sources, the Ministry of Finance shall take the lead and coordinate with the Ministry of Planning and Investment to consider and decide on temporarily advancing funds from the State budget based on the explanatory documents of the Managing Authority and the agreement documents of the Donor. This portion of capital will be recovered by the Ministry of Finance when disbursing ODA funds allocated to that component.

Article 28. Taxation for ODA Programs and Projects

1. The taxation applicable to ODA programs and projects shall be implemented according to current regulations.

2. Interest payments from ODA loans that are not subject to corporate income tax shall be carried out in accordance with the provisions of the Law on Corporate Income Tax.

3. In cases where international treaties to which Vietnam is a party provide different regulations regarding taxation related to the implementation of ODA programs and projects, such provisions shall be implemented according to the treaty's regulations.

Article 29. Land Resettlement

1. Compensation, land clearance, and resettlement in ODA programs and projects shall be carried out according to current state regulations. In cases where international ODA agreements signed between the state or the Government of Vietnam contain provisions related to land clearance and resettlement that differ from Vietnam’s regulations, such provisions shall be implemented according to the treaty's regulations.

2. In the bidding plan approval dossier of ODA programs and projects, there must be a formal written commitment from the competent authority responsible for land clearance regarding the progress and completion deadlines for compensation, land clearance, and resettlement consistent with the implementation schedule of each tender package under the aforementioned ODA program or project.

Article 30. Bidding

Bidding for ODA programs and projects shall be carried out in accordance with the provisions of the law.

Article 31. Adjustment, Amendment, and Supplement of Content of ODA Programs and Projects During Implementation

1. For ODA programs and projects approved by the Prime Minister as stipulated in Clause 1, Article 20, if there is a need to adjust or supplement content during implementation, the Managing Authority must submit an explanatory document for adjustment and supplementation to the Ministry of Planning and Investment for resolution as follows:

a) The Ministry of Planning and Investment shall take the lead in organizing the review and submitting to the Prime Minister for approval in the following cases:

Adjustments or supplements to the content of the program or project leading to changes in the approved objectives;

Adjustments or supplements to the content of the program or project resulting in an increase in total capital exceeding 10% compared to the approved total capital, or less than 10% but exceeding 1,000,000 US dollars for investment programs and projects, and exceeding 100,000 US dollars for technical assistance programs and projects (if the funds are from the donor, they must be converted to US dollars according to the donor's exchange rate).

b) The Managing Authority shall approve adjustments and supplements not specified in point a, Clause 1 of this Article.

2. For ODA programs and projects approved by the Managing Authority, if there is a need to adjust or supplement content during implementation, the Project Management Board must submit an explanatory document for adjustment and supplementation to the Project Owner and the organization responsible for conducting the review as stipulated in Clause 4, Article 18 of this Regulation for resolution as follows:

a) The head of the Managing Authority with the authority to approve ODA programs and projects, based on written opinions from the organization responsible for conducting the review and the Project Owner, shall approve the following cases:

Adjustments or supplements to the content of the program or project leading to changes in the approved objectives;

Adjustments and supplements to the content of programs and projects that increase the total capital by more than 10% compared to the approved total capital, or less than 10% but exceeding $500,000 for investment programs and projects and $50,000 for technical assistance programs and projects (if it is donor funds, it must be converted to US dollars according to the exchange rate specified by the donor).

b) The Project Owner approves other adjustment and supplement cases not provided for in point a, Clause 2 of this Article.

3. In addition to the provisions in point b, Clause 2 above, the Project Owner has the right to decide on adjustments and supplements in the following cases:

a) Adjusting the total capital (converted to Vietnamese currency) of ODA programs and projects due to changes in exchange rates or due to adjustments and supplements to the value of self-raised counterpart capital.

b) Adjusting the capital structure (adjusting the budget flow) of ODA programs and projects without changing the objectives and without increasing the total capital of the programs and projects already approved.

4. Adjustments and supplements leading to programs and projects falling into any of the cases prescribed in Clause 1 of Article 20 of this Regulation shall be implemented in accordance with the provisions of Clause 1 of this Article.

5. In the case where the donor agrees to use surplus funds from bidding for ODA programs and projects (the surplus here refers to the difference between the total value of ODA stipulated in the signed international agreements and the total value of the bidding results already approved), the use of such funds shall be carried out as an independent ODA project with priority given to maximizing the effectiveness of the implemented program and project. The managing agency must notify and coordinate with the Ministry of Planning and Investment to carry out necessary procedures to use the surplus funds.

6. In the case where amendments and supplements to international agreements on ODA are required, they shall be implemented in accordance with the provisions of the Ordinance on Signing and Implementing International Agreements.

Article 32. Management of Construction, Acceptance, Handover, and Final Settlement

1. The review and approval of technical design and general budget estimate, issuance of construction permits, quality management of works, acceptance, handover, warranty, and insurance of construction works under ODA investment programs and projects shall be carried out in accordance with state regulations on investment and construction management.

2. For ODA technical assistance programs and projects, after completion of implementation, the Project Owner shall organize acceptance and take necessary measures to continue exploitation and utilization of achieved results.

3. The final settlement of ODA programs and projects must be carried out in compliance with the provisions in signed international agreements on ODA and state regulations.

 

Chapter VI

MONITORING, EVALUATION OF ODA PROGRAMS AND PROJECTS

Article 33. Monitoring and Evaluation of ODA Programs and Projects

1. Monitoring of ODA programs and projects is a regular and periodic activity to update the implementation status of programs and projects.

2. Evaluation of ODA programs and projects is a regular and periodic activity aimed at analyzing the relationship between actual achievements and the goals set forth in the approved program and project documentation, while identifying difficulties and obstacles (already occurred or potential) to find effective solutions or preventive measures and clarify compliance with management regulations. The evaluation work is conducted through four main steps as follows:

a) Initial assessment: carried out immediately after the start of program and project implementation to examine the actual situation of the program and project against the approved documentation to take immediate measures from the technical design stage and detailed implementation planning;

b) Mid-term assessment: carried out halfway through the implementation period of the program and project to examine the implementation process since the start and propose necessary adjustments;

c) Final assessment: carried out immediately after the completion of program and project implementation to examine the achieved results and summarize the entire implementation process, drawing necessary lessons as the basis for preparing the final report of the program and project;

d) Operational assessment (operational performance assessment): carried out at an appropriate time within five years from the date of putting the program and project into operation and use to clarify the effectiveness, sustainability, and economic and social impact of the program and project compared to the initial objectives.

3. The plan, organization, and funding for monitoring and evaluation drawn from ODA funds or counterpart funds must be determined in advance in the ODA program and project documentation and must be consistent with the nature of each type of program and project.

Article 34. Responsibility for monitoring and evaluating ODA programs and projects

1. The Project Management Board shall be responsible for continuously monitoring and evaluating ODA programs and projects and must:

a) Clearly identify the resources used, progress, completion deadlines, quality objectives, and criteria for accepting results for each activity of the ODA program and project to serve as a basis for monitoring and evaluation;

b) Establish an internal information system, collect and store all relevant information, data, files, documents, ledgers, and vouchers of the ODA program and project, reports from contractors, changes in state policies and laws, and donor regulations related to management implementation;

c) Prepare implementation reports as prescribed, provide and share information through the monitoring and evaluation information systems at the sectoral, local, and national levels;

d) Lead the preparation or hire consultants to research and prepare initial, mid-term, and final evaluation reports according to the contents of the approved ODA program and project documentation; act as the focal point to coordinate with donors or competent authorities to evaluate the ODA program and project.

2. The Project Owner shall be responsible for directing, urging, and supporting the Project Management Board in monitoring and evaluating ODA programs and projects. In cases where difficulties arise that cannot be resolved independently, the Project Owner must promptly request competent authorities to resolve them. Relevant agencies shall be responsible for considering, resolving, and responding to requests from the Project Management Board and the Project Owner within fifteen working days; if they cannot be resolved within this period, they must notify the Project Management Board and the Project Owner.

3. The supervising agency shall lead and cooperate with relevant agencies to conduct or hire consultants to evaluate the activities of ODA programs and projects when it is necessary to carry out such evaluations.

4. The supervising agency of ODA programs and projects shall lead and cooperate with relevant agencies and donors to hold regular and ad hoc meetings to review parties involved in each ODA program and project or group of ODA programs and projects.

5. The Ministry of Planning and Investment shall lead and cooperate with state management agencies on ODA, based on their functions and responsibilities stipulated in Chapter VII of this Regulation, to monitor and evaluate ODA programs and projects. When necessary, the Ministry of Planning and Investment shall lead and cooperate with the Ministry of Finance, sectoral management ministries, and localities to establish inter-ministerial teams to work directly with ODA program and project management boards to consider and resolve issues related to these programs and projects within their authority. For matters exceeding their authority, the Ministry of Planning and Investment shall be responsible for compiling the opinions of relevant agencies to submit to the Prime Minister for consideration and decision.

6. The Ministry of Planning and Investment shall lead and cooperate with the General Statistics Office in developing and compiling periodic statistical indicators on the situation of receiving and using ODA, and cooperate with relevant agencies to establish and operate a monitoring and evaluation information system for ODA programs and projects, facilitating information sharing and utilization of this system.

Article 35. Reports on the implementation of ODA programs and projects

1. During the implementation of ODA programs and projects, the Project Management Board must establish and submit the following reports to the Project Owner, the Supervising Authority, the Ministry of Planning and Investment, the Ministry of Finance, and relevant provincial authorities:

a) Monthly report, no later than 10 working days after the end of the month (only applicable for investment programs and projects approved by the Prime Minister that are national priorities according to the written request of the Ministry of Planning and Investment);

b) Quarterly report, no later than 15 working days after the end of the quarter;

c) Annual report, no later than January 31 of the following year;

d) Final report, no later than six months after the completion of the program or project;

Reports to donors shall be carried out in accordance with the agreements stipulated in international treaties on ODA.

2. Every quarter, the Supervising Authority shall prepare a consolidated report on the results of ODA mobilization, evaluate the implementation of ODA programs and projects under its management, and submit it to the Ministry of Planning and Investment and the Ministry of Finance no later than 20 working days after the end of the quarter.

3. The Ministry of Planning and Investment shall prepare a consolidated mid-year and annual report on the situation of attracting and using ODA nationwide, submit it to the Government, and take the lead in coordinating with relevant agencies to guide the reporting system and standardized report templates for ODA.

Article 36. Inspection and Audit of ODA Reception, Management, and Usage

Inspection and audit of ODA reception, management, and usage must be conducted in accordance with the provisions of the law.

 

Chapter VII

STATE MANAGEMENT OF ODA

Article 37. The Government unifies state management over ODA

The Government decides on strategies, planning, and plans for attracting and utilizing ODA for each period, approves the list and content of ODA programs and projects requiring funding and those within the Prime Minister's approval authority, oversees macro-management of ODA programs and projects, and issues legal regulations on ODA management and utilization.

Article 38. The Ministry of Planning and Investment, the central agency for attracting, coordinating, and managing ODA, has the following responsibilities:

1. Lead in drafting strategies and planning for attracting and utilizing ODA; guide supervising authorities in preparing lists and outlines of priority ODA programs and projects; compile lists of ODA programs and projects for submission to the Prime Minister for approval.

2. Lead in preparing, organizing, and coordinating ODA sources in line with strategies, planning for attracting and utilizing ODA, and lists of priority ODA programs and projects.

3. Prepare content and conduct negotiations on framework international treaties on ODA; represent the Government in signing framework international treaties on ODA with donors.

4. Guide related units and organizations in preparing ODA programs and projects; lead and coordinate with the Ministry of Finance to determine the form of ODA funds allocated from the state budget or re-lent; review and submit to the Prime Minister for approval documents of ODA programs and projects within the Prime Minister's approval authority.

5. Monitor and support the preparation of content and negotiations on specific international treaties on ODA with donors.

6. Lead and coordinate with the Ministry of Finance to aggregate and prepare disbursement plans for ODA funds, ensure timely allocation of preparatory funds for ODA programs and projects, and counterpart funds for their implementation and execution from the state budget within the annual capital plan; together with the Ministry of Finance, lead and coordinate with relevant agencies to determine reasonable contingency reserves in the central budget when compiling the annual budget draft to address urgent needs for counterpart funds for ODA programs and projects.

7. Lead the monitoring, evaluation, and inspection of the management, implementation, and effectiveness of ODA programs and projects; urge and support the implementation of ODA programs and projects; act as the focal point for handling issues involving multiple ministries and sectors; recommend measures to the Prime Minister for addressing ODA-related issues within the specified authority.

8. Develop, operate, and improve the information system for monitoring and evaluating ODA programs and projects; facilitate information sharing and effective exploitation of this system.

9. Submit periodic consolidated reports (six-monthly, annually) and special requests from the Party and State regarding the management and implementation of ODA programs and projects and the effectiveness of ODA attraction and utilization.

10. Compile and disseminate operational guidelines on mobilizing, preparing, reviewing, managing, implementing, monitoring, and evaluating ODA programs and projects, taking into account harmonization procedures with donors.

Article 39. The Ministry of Finance shall have the following tasks:

1. Coordinate with relevant agencies to develop strategies and plans for attracting and utilizing ODA and to coordinate ODA funds; guide the preparation of program and project contents related to ODA usage conditions, financial management, analysis, and evaluation of ODA fund effectiveness.

2. Prepare negotiation content for ODA loan programs and projects with sponsors; conduct negotiations on specific international treaties regarding ODA loans, upon authorization from the President or Prime Minister, except for international treaties on ODA specified in Clause 1, Article 40 of this Regulation.

3. Officially represent the State or Government of the Socialist Republic of Vietnam as the borrower in specific international treaties on ODA, including cases where the President or Prime Minister authorizes another agency to lead negotiations on such international treaties.

4. Financial management of ODA programs and projects:

a) Lead and coordinate with relevant agencies to develop financial management regulations for ODA programs and projects to be submitted to the Prime Minister for decision;

b) Lead and coordinate with the Ministry of Planning and Investment and other relevant agencies to prepare the submission to the Prime Minister for approval of domestic financial mechanisms applicable to ODA programs and projects;

c) Specify detailed procedures for withdrawing funds and managing withdrawals of ODA programs and projects based on current laws and provisions in signed international treaties on ODA with sponsors;

d) Coordinate with the Ministry of Planning and Investment to compile and draft disbursement plans for ODA funds, ensuring timely and adequate funding for preparatory work on ODA programs and projects, counterpart funds for implementation and execution of ODA programs and projects funded from the state budget annually; provide adequate and timely counterpart funds for ODA programs and projects funded from the state budget; jointly with the Ministry of Planning and Investment, lead and coordinate with relevant agencies to determine reasonable contingency reserves in the central budget when drafting annual state budget estimates to be submitted to the Prime Minister and National Assembly to address urgent needs for counterpart funds for ODA programs and projects.

Organize the relending and recovery of relending portions of ODA programs and projects that are eligible for state relending.

e) Allocate state budget funds to repay ODA loan installments when due;

f) Monitor and inspect financial management in the use of ODA funds; organize accounting records for state budget sources of ODA funds; compile data on fund withdrawals, payments, and debt repayment for ODA programs and projects to report to the Government and notify relevant agencies.

5. Compile and disseminate guidance materials on disbursement and financial management for ODA programs and projects.

Article 40. The State Bank of Vietnam shall have the following tasks:

1. Coordinate with relevant agencies to prepare negotiation content; conduct negotiations on specific international treaties regarding ODA with international financial organizations: the World Bank (WB), International Monetary Fund (IMF), Asian Development Bank (ADB), upon authorization from the President or Prime Minister; transfer funds and all related information on ODA programs and projects to the Ministry of Finance after the specific international treaties on ODA come into effect, except for agreements on borrowing from the International Monetary Fund. A 2. Coordinate with the Ministry of Finance to select and designate commercial banks to authorize the handling of foreign exchange transactions with ODA funds, authorize relending and recovery of funds for budget repayment when necessary.

3. Periodically (every six months, annually) compile and notify the Ministry of Finance and relevant agencies about the situation of fund withdrawals and payments through accounts opened at banks for programs and projects using ODA funds.

3. To compile periodically (every six months, annually) and notify the Ministry of Finance and relevant agencies about the situation of capital withdrawal and payment through the accounts of ODA-funded programs and projects opened at banks.

Article 41. The Ministry of Foreign Affairs has the following tasks:

1. Coordinate with relevant agencies to build and implement policies and directions for ODA mobilization as well as partnership policies based on the general foreign policy.

2. Participate in negotiations, provide comments on the draft contents of international treaties on ODA; carry out necessary diplomatic procedures for authorization to negotiate, authorize signing, notify, approve, and ratify international treaties on ODA.

3. Notify relevant Vietnamese agencies about the effective date and conditions of international treaties on ODA that have been signed.

4. Take the lead and coordinate with the Ministry of Planning and Investment to direct Vietnamese diplomatic representative offices abroad to conduct ODA mobilization activities in accordance with planning and plans for attracting and utilizing ODA funds during each period.

Article 42. The Ministry of Justice has the following tasks:

1. Provide opinions on legal issues in draft international treaties on ODA before submitting them to the Prime Minister for approval.

2. Review and provide opinions on differences between international treaties on ODA and domestic laws at the request of the agency authorized to lead negotiations; monitor the handling of these issues during the implementation of international treaties on ODA.

3. Provide legal opinions on international treaties on ODA or other legal issues at the request of the agency authorized to lead negotiations.

4. Implement the provisions of Decree No. 103/1998/NĐ-CP dated December 26, 1998 of the Government.

Article 43. The Office of the Government has the following tasks:

1. Assist the Government and the Prime Minister in leading, directing, and managing ODA uniformly.

2. Provide opinions on the content during the preparation of ODA programs and projects; review and propose recommendations on policies, mechanisms, and methods of implementing ODA programs and projects before submitting them to the Government and the Prime Minister for consideration and decision.

3. Assist the Government and the Prime Minister in inspecting and urging the implementation of this Regulation.

Article 44. Tasks of other Ministries and sectors and Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial People's Committees

1. Ministries, agencies equivalent to ministries, and government-affiliated agencies perform state management functions for ODA programs and projects according to their assigned functions and tasks. When required, they are responsible for reviewing and providing written opinions on issues related to ODA programs and projects within the specified time frame.

2. Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).provincial people's committees have the following tasks:

a) Coordinate with the Ministry of Planning and Investment and relevant agencies to develop strategies and plans for attracting and using ODA; develop policies and measures to coordinate and enhance the effectiveness of ODA usage in their province or city;

b) Perform territorial state management functions for all ODA programs and projects in their province or city, including those led by other ministries, sectors, or provinces and cities.

Article 45. The supervisory agency has the following tasks:

1. Carry out functions and tasks as prescribed in this Regulation.

2. Designate a subordinate organization to serve as an advisory body for leadership and as the main coordinating agency for managing ODA programs and projects in their field, sector, or locality; define the functions and tasks of the main coordinating agency and notify relevant state management agencies about ODA.

3. Direct, urge, and support subordinate units to identify, prepare, manage, and effectively implement ODA programs and projects.

4. Allocate sufficient and timely preparatory capital for ODA programs and projects and counterpart capital for preparing and implementing approved ODA programs and projects.

5. Establish and improve a monitoring and evaluation system for ODA programs and projects in their sector or locality; promptly resolve any difficulties and obstacles of ODA programs and projects within their authority; fully comply with reporting regulations stipulated in Article 35 of this Regulation.

 

Chapter VIII

FINAL PROVISIONS

Article 46. Provisions for agencies under the National Assembly, the Supreme People's Court, the Supreme People's Procuracy, political organizations, political social organizations, and social organizations that have received ODA.

This regulation also applies generally to agencies under the National Assembly, the Supreme People's Court, the Supreme People's Procuracy, political organizations, political social organizations, and social organizations that have received ODA./.