Decree No. 20/2023/NĐ-CP Amending and supplementing some articles of Decree No. 114/2021/NĐ-CP dated December 16, 2021 on management and use of official development assistance (ODA) capital and preferential loans from foreign sponsors

DECREE

Amending and supplementing some articles of Decree No. 114/2021/NĐ-CP on management and use of official development assistance (ODA) capital and concessional loans from foreign donors dated December 16, 2021 chính thức (ODA) và vốn vay ưu đãi của nhà tài trợ nước ngoài

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Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the State Budget Law dated June 25, 2015;

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Construction Law dated June 18, 2014; the Law amending and supplementing certain articles of the Construction Law dated January 1, 2015; and supplement one,, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Article of the Law on Military Service; number Điều của Luật Xây dựng ngày 01 tháng 01 năm 2017;7 May 14, 2016 Government Decree detailing some provisions and measures to implement the Law on Legislative Regulatory Documents;

Pursuant to the Public Debt Management Law dated November 23, reason 2017;amend14/2021/NĐ-CP ngày 16 tháng 12 năm 2021 về quản lý và sử dụng

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law amending and supplementing certain articles of the Government Investment Law, the Public-Private Partnership Investment Law, the Investment Law, the Housing Law, the Bidding Law, the Electricity Law, the Enterprise Law, the Special Consumption Tax Law, and the Civil Enforcement Law dated January 11, 2022;

At the proposal of the Minister of Planning and Investment;

THE GOVERNMENT ISSUES THE DECREE AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF DECREE NO. 1vốn capital concessional loans from foreign donors.

Article 1. Amending and supplementing some articles of Decree No. 114/2021/NĐ-CP dated December 16, 2021 on management and use of official development assistance (ODA) capital and concessional loans from foreign donors

1. Amending Clause 2 of Article 12 as follows:

“2. The Prime Minister decides on investment policies for the following programs and projects:

a) Programs and projects of Group A using ODA and concessional loan capital, except those specified in Clause 1 of this Article;

b) Programs and projects using non-reimbursable ODA capital in the following cases: Group A programs and projects; programs and projects accompanied by policy frameworks; programs and projects in defense, security, and religious fields; sector-based access programs; procurement of goods that require approval by the Prime Minister.”

2. Supplementing Clause 3a, 3b of Article 12 as follows:

“3a. The Minister or head of the managing agency decides on investment policies for Group B and Group C projects using ODA and concessional loan capital from foreign donors, approves technical assistance projects using ODA and concessional loan capital to prepare investment projects under their management, except those specified in Clause 2 of this Article.

3b. The People's Council at provincial level decides on investment policies for Group B and Group C projects using ODA and concessional loan capital from foreign donors, approves technical assistance projects using ODA and concessional loan capital to prepare investment projects managed by localities, except those specified in Clause 2 of this Article.”

3. Amending Point d of Clause 2 of Article 13 as follows:

“d) The Prime Minister examines and approves the Program and Project Proposal with the main contents including: name of program and project; name of foreign donor and co-donor (if any); name of managing agency; expected objectives and results; estimated total investment and capital structure; domestic financial mechanism, lending method.”

4. Supplementing Clause 5 of Article 13 as follows:

“5. Adjusting the Program and Project Proposal:

During the process of preparation, review, decision on investment policies, and adjustment of investment policies, if there are changes compared to the main contents of the Program and Project Proposal already approved by the Prime Minister, the managing agency shall follow the procedures and formalities for adjusting the Program and Project Proposal as follows:

a) In case of adjustment of the total investment due to exchange rate changes; reduction of ODA and concessional loan capital without changing other main contents of the Program and Project Proposal as stipulated in Point d of Clause 2 of this Article: The managing agency does not need to adjust the Program and Project Proposal;

b) In case of changes to the main contents of the Program and Project Proposal as stipulated in Point d of Clause 2 of this Article without increasing ODA and concessional loan capital: The managing agency sends a written document and report on the reasons for adjustment to the Ministry of Planning and Investment for consolidation of opinions from the Ministry of Finance and related agencies, to be submitted to the Prime Minister for examination and decision;

c) In case of increase in ODA and concessional loan capital: The managing agency prepares the Program and Project Proposal and follows the procedures and formalities as stipulated in Clause 2 of this Article; The submission to the competent authority and the time limit for deciding on the adjustment of the Program and Project Proposal shall be carried out according to the provisions of Clause 3 of this Article, clearly stating the reasons and contents of the adjustment of the Program and Project Proposal in the dossier;

d) For national target programs, important national projects, public investment programs; Group A investment projects; projects within the approval authority of the Prime Minister: There is no need to adjust the Program and Project Proposal according to the provisions of this clause.”

5. Supplementing Clause 5a, 5b of Article 14 as follows:

“5a. Procedures and formalities for deciding on investment policies for Group B and Group C projects using ODA and concessional loan capital within the authority of the Minister or head of the managing agency shall be implemented as follows:

a) The Minister or head of the managing agency assigns subordinate units to organize the preparation of reports proposing investment policies;

b) The managing agency solicits written comments from the Ministry of Planning and Investment, the Ministry of Finance, and related agencies;

c) The Minister or head of the managing agency establishes a Review Board or assigns a unit with relevant functions to review the report proposing investment policies and assess the capital sources and ability to balance capital;

d) The Minister or head of the managing agency directs the unit specified in Point a of this Clause to complete the report proposing investment policies based on the review opinions and comments from the Ministry of Planning and Investment, the Ministry of Finance, and related agencies;

đ) Based on the review opinions of the unit with relevant functions, comments from the Ministry of Planning and Investment, the Ministry of Finance, and related agencies, the Minister or head of the managing agency decides on investment policies.

5b. Procedures and formalities for deciding on investment policies for Group B and Group C projects using ODA and concessional loan capital within the authority of the Provincial People's Council shall be implemented as follows:

a) The Chairman of the Provincial People's Committee assigns subordinate units to organize the preparation of reports proposing investment policies;

b) The Provincial People's Committee solicits written comments from the Ministry of Planning and Investment, the Ministry of Finance, and related agencies;

c) The Chairman of the Provincial People's Committee establishes a Review Board or assigns a unit with relevant functions to review the report proposing investment policies and assess the capital sources and ability to balance capital;

d) The Chairman of the People's Committee at the provincial level shall direct the unit specified in point a of this clause to complete the investment proposal report according to the review opinions, the opinions of the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies;

đ) Based on the review opinions of the competent units, the comments of the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies, the People's Committee at the provincial level shall submit to the People's Council at the provincial level for a decision on the investment orientation.

6. Amend Clause 7 of Article 14 as follows:

“7. In cases where the contents of the Preliminary Feasibility Study Report and the Investment Proposal Report for national target programs, important national projects, public investment programs; group A projects using ODA and preferential loans differ from the main contents of the approved program/project proposals as stipulated in point d, Clause 2, Article 13: The managing agency shall report specifically on the changes compared to the approved program/project proposals in the request for review of the preliminary feasibility study report and the investment proposal report for the program/project in accordance with point b, Clause 1, Article 15 of this Decree.”

7. Supplement Clause 7a of Article 14 as follows:

“7a. In cases where the contents of the Investment Proposal Report for projects not covered by Clause 7 of this Article differ from the main contents of the approved program/project proposals as stipulated in point d, Clause 2, Article 13: The managing agency shall implement the procedures and formalities for adjusting the program/project proposals in accordance with Clause 5, Article 13 before proceeding with the procedures and formalities for submitting to the competent authority for a decision on the investment orientation of the project.”

8. Supplement Point b1 of Clause 1 of Article 15 as follows:

“b1) Comments from the Ministry of Planning and Investment, the Ministry of Finance, and related agencies (for group B and C projects using ODA and preferential loans).”

9. Amend Point c of Clause 1 of Article 15 as follows:

“c) Internal review report of the managing agency on the investment orientation of programs/projects using ODA and preferential loans (for national target programs, important national projects, public investment programs; group A projects using ODA and preferential loans, other programs/projects using ODA and preferential loans under the Prime Minister’s authority to decide on the investment orientation).”

10. Supplement Point a1 of Clause 4 of Article 15 as follows:

“a1) Consistency with the main contents of the approved program/project proposals.”

11. Amend Point b of Clause 7 of Article 15 as follows:

“b) Report to the Minister, head of the managing agency, Provincial People's Council for permission to extend the time for reviewing the investment proposal report for projects within their authority to decide on the investment orientation.”

12. Amend Article 17 as follows:

“1. After the investment orientation of the project has been approved and before the international agreement, ODA and preferential loan agreements are signed, if necessary to shorten the tender organization time, the authorized person may organize the preparation, review, and approval of the bidding plan for the project owner to serve as the basis for implementing pre-bidding activities, including:

a) Preparation, review, and approval of the notice of interest and shortlist invitation documents (if applicable);

b) Determination of the shortlist for procurement activities of the project (if applicable);

c) Preparation, review, and approval of the tender documents and request for proposal.

2. The basis for preparing, reviewing, and approving the bidding plan for activities carried out in advance includes:

a) Decision approving the investment orientation of the project;

b) Non-opposition opinion of the financier regarding the preparation, review, and approval of the bidding plan for activities carried out in advance.

3. Bidders participating in the notice of interest and shortlist invitation must bear all costs related to the preparation and submission of the notice of interest and shortlist invitation documents. If a shortlist has been selected but the international agreement, ODA and preferential loan agreements for the project have not been signed, the project owner shall be responsible for informing the bidders listed in the shortlist that the tender will not proceed.

4. The project owner may only issue tender documents and request for proposal after the international agreement, ODA and preferential loan agreements for the project have been signed.”

13. Supplement Clause 2a of Article 19 as follows:

“2a. For group A programs/projects:

a) In cases where the adjustment of the implementation period of the project does not change the remaining main contents of the investment orientation decision; reduction of ODA and preferential loan capital but generating financial obligations without changing the remaining main contents of the investment orientation decision as stipulated in Article 18 of this Decree: The managing agency shall send a document and report on the reasons for the adjustment for the Ministry of Planning and Investment to compile the opinions of the Ministry of Finance and submit to the Prime Minister for consideration and decision;

b) In cases where the adjustment of the program/project leads to changes in the main contents of the investment orientation decision not covered by point a of Clause 2a of this Article: The managing agency shall adjust the investment orientation according to the procedures and formalities prescribed in point c, Clause 2, Article 34 of the Public Investment Law.”

14. Amend Clause 3 of Article 19 as follows:

“For programs/projects under the Prime Minister’s authority to decide on the investment orientation, except for group A programs/projects:

a) In cases where the adjustment of the implementation period of the project does not change the remaining main contents of the investment orientation decision; reduction of ODA and preferential loan capital but generating financial obligations without changing the remaining main contents of the investment orientation decision: The managing agency shall send a document and report on the reasons for the adjustment for the Ministry of Planning and Investment to compile the opinions of the Ministry of Finance and submit to the Prime Minister for consideration and decision;

b) In cases where the adjustment of the program/project leads to changes in the main contents of the investment orientation decision not covered by point a of Clause 3 of this Article: The managing agency shall adjust the investment orientation according to the procedures and formalities prescribed in Clause 4, Article 14 of this Decree.”

The dossier submitted to the competent authority and the time for deciding to adjust the investment policy program/project shall be carried out in accordance with Articles 15 and 16 of this Decree. In the dossier, clarify the following contents: Reasons for adjusting the investment policy program/project; corresponding contents adjusted in the investment policy program/project relative to the main contents of the preliminary feasibility study report and the proposal for investment policy.

15. Amend Clause 4, Clause 5 of Article 19 as follows:

"4. For projects within the decision-making authority of the Minister, head of the managing agency, or Provincial People's Council: In cases where adjustments lead to changes in the main contents of the Decision on Investment Policy, the managing agency shall adjust the investment policy according to the procedures and formalities stipulated in Clauses 5a and 5b of Article 14 of this Decree.

5. In cases where the total investment adjustment of the program/project is due to exchange rate changes; reduction in ODA capital, preferential loans without generating financial obligations and not leading to changes in other main contents of the Decision on Investment Policy as prescribed in Article 18 of this Decree, the managing agency does not need to implement the procedures and formalities for adjusting the project proposal and deciding to adjust the investment policy."

16. Supplement Point c of Clause 2 of Article 23 as follows:

"c) Approving the Project Support Technical Documentation using non-repayable ODA funds from foreign donors to prepare investment projects managed by the agency or organization itself without having to go through the procedures and formalities for deciding to implement the investment policy."

17. Supplement Clause 3 of Article 23 as follows:

"3. The Provincial People's Council approves the Project Support Technical Documentation using non-repayable ODA funds from foreign donors to prepare investment projects managed by the locality without having to go through the procedures and formalities for deciding to implement the investment policy."

18. Amend Point đ of Clause 2 of Article 26 as follows:

"đ) Based on the results of the review, the head of the managing agency decides to approve the Project Documentation, non-project documentation. For technical support projects preparing investment projects managed by localities, based on the results of the review, the Provincial People's Committee submits to the Provincial People's Council for approval of the Project Documentation."

19. Supplement Point a1 of Clause 1 of Article 33 as follows:

"a1) The Ministry of Finance submits to the Prime Minister for a decision on negotiating agreements for ODA loans, preferential loans. The dossier submitted to the Prime Minister for negotiation includes: Proposal document for negotiation policy; draft agreement for ODA loans, preferential loans; investment decision for the project."

20. Amend Point b of Clause 1 of Article 33 as follows:

"b) Based on the approval for negotiation by the Prime Minister, the Ministry of Finance seeks opinions from the Ministry of Foreign Affairs, the Ministry of Justice, and related agencies regarding the draft agreement for ODA loans, preferential loans. Agencies whose opinions are sought must reply to the Ministry of Finance in writing within five days from the date of receipt of the request for opinion and related documents."

21. Amend Clause 2, Clause 3 of Article 48 as follows:

"2. The managing agency sends the Ministry of Planning and Investment a document on the use of surplus funds of programs/projects using ODA loans, preferential loans. The Ministry of Planning and Investment takes the lead in compiling the opinions of the Ministry of Finance, relevant agencies, and foreign donors, and submits to the Prime Minister for consideration and decision on the use of surplus funds.

3. On the basis of the Prime Minister's decision on the use of surplus funds of programs/projects using ODA loans, preferential loans, the managing agency implements the procedures and formalities for deciding on investment policy (for new projects), adjusting the investment policy (for utilizing surplus funds to enhance the effectiveness of ongoing projects) according to the authority to decide on investment policy, adjust investment policy, and implement the procedures and formalities for deciding on investment policy, adjust investment policy as prescribed in Articles 14, 15, 16, 18, and 19 of this Decree."

22. Supplement Clause 3a of Article 48 as follows:

"3a. For the use of surplus funds of programs/projects using non-repayable ODA funds, based on the opinions of the donor, the Ministry of Planning and Investment, the Ministry of Finance, the managing agency implements the procedures and formalities for deciding on investment policy (for new projects), adjusting the investment policy (for utilizing surplus funds to enhance the effectiveness of ongoing projects) according to the authority to decide on investment policy, adjust investment policy, and implement the procedures and formalities for deciding on investment policy, adjust investment policy as prescribed in Articles 14, 15, 16, 18, and 19 of this Decree."

23. Replace Appendix II as follows:

"Appendix II
MODEL FOR PROPOSING PROGRAMS AND PROJECTS USING ODA FUNDS AND PREFERENTIAL LOANS 

I. KEY INFORMATION

1. Name of the program/project (in Vietnamese and English).

2. Managing agency, proposing unit, and program/project owner (expected): Name, address, other related information.

3. Expected foreign donor(s) and co-donor(s) supporting the implementation of the program/project.

II. BASIS FOR PROPOSAL

- Importance, necessity, and feasibility of the program/project in terms of economy, society, environment, science, technology, planning as prescribed by laws on planning.

- Efforts already made or being made to address the issues raised.

- Other programs/projects currently underway in the same field (if any).

- Expected foreign donor (specify reasons for using ODA funds, preferential loans from this donor).

III. CONTENT OF THE PROPOSAL

1. Objectives, location, scale, scope of the program/project: Describe the general objectives, specific objectives, location, scale, and scope of the program/project.

2. Expected main outcomes of the program/project: Summarize the expected main outcomes.

3. Expected implementation period of the program/project (including construction period and operation period).

4. Expected total cost, funding structure, and proposed financial mechanism:

- Total investment cost: non-repayable ODA funds, ODA loans, foreign preferential loans, counterpart funds detailed by currency type and equivalent value in Vietnamese Dong and USD (using the exchange rate published by the Ministry of Finance at the time of proposal).

- Conditions and terms of loan: Specify the type of interest rate expected (floating/fixed), the expected interest rate level and types of fees (if any); for programs/projects expected to use floating interest rate loans, the proposed floating interest rate content includes the base floating interest rate (Sibor, Eurobor...) and the reference margin on the market at the time of proposing the loan; propose the loan period and grace period of the loan.

- Propose domestic financial mechanism, and the annual disbursement schedule (linked to the implementation timeline of the program/project).

- Scheme for balancing debt repayment sources.

5. Scheme for using borrowed capital, scheme for using counterpart funds (including scheme for allocating equity capital), guarantee scheme for borrowed capital, repayment scheme, and proposal for the agency authorized to refinance (bearing credit risk or not bearing credit risk) in case the project proposal is for refinancing state-owned enterprises and public service units.

6. Impact assessment:

- Preliminary economic, social, and environmental impact assessment (if applicable).

- Preliminary assessment of impact on the medium-term public investment plan of the proposing agency.”

Article 2. Repeal and replace some clauses and annexes of Decree No. 114/2021/NĐ-CP

1. Repeal: Point c Clause 2 Article 12; Clause 3 Article 12; Clause 5 Article 14; Clause 10 Article 18; Clause 2 Article 98.

2. Replace: Annex II.

Article 3. Implementation Provisions

1. This Decree takes effect from March 1, 2022.

2. Transitional provisions:

a) National Target Programs, important national projects, public investment programs; Group A investment programs and projects; programs and projects under the approval authority of the Prime Minister which have been approved with project proposals before this Decree takes effect shall continue to implement subsequent procedures and formalities according to the provisions of Decree No. 114/2021/NĐ-CP dated December 16, 2021 on management and use of official development assistance (ODA) and concessional loans from foreign donors;

b) Programs and projects using ODA and concessional loans that have been approved with project proposals by the Prime Minister during implementation need to be modified or adjusted, then they shall be implemented according to the regulations on adjusting project proposals in this Decree;

c) Other programs and projects not specified in point a: Shall not implement adjustments to project proposals according to Clause 4 Article 1 of this Decree;

d) For Group B and Group C public investment projects using ODA and concessional loans from foreign donors that have been decided on investment orientation by the Prime Minister before this Decree takes effect, the competent agencies and authorities deciding on investment orientation as stipulated in Clause 2 Article 1 of this Decree shall have the authority to adjust the investment orientation and implement adjustment procedures and formalities according to Clause 5 Article 1 of this Decree;

đ) For Group B and Group C public investment projects using ODA and concessional loans that have completed the establishment and review procedures and have a review document serving as the basis for deciding on investment orientation or adjusting investment orientation according to Articles 14, 15, 16, 18, and 19 of Decree No. 114/2021/NĐ-CP dated December 16, 2021 on management and use of official development assistance (ODA) and concessional loans from foreign donors before this Decree takes effect, shall continue to follow the procedures to submit to the Prime Minister for consideration and decision according to the provisions of Decree No. 114/2021/NĐ-CP dated December 16, 2021 on management and use of official development assistance (ODA) and concessional loans from foreign donors.

Article 4. Organization of Implementation

1. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairmen of provincial People's Committees directly under the central government are responsible for implementing this Decree.

2. The Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to be responsible for guiding the implementation of this Decree.