Decision No. 28/1999/QD-TTg on the issuance of the Regulation on the management and utilization of aid from foreign non-governmental organizations

Pursuant to …;

Regarding the issuance of the Regulation on Management and Utilization of Aid from Foreign Non-Governmental Organizations

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PRIME MINISTER

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

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

At the proposal of the Minister of Planning and Investment,

DECISION:

Article 1. This Decision promulgates the Regulation on Management and Utilization of Aid from Foreign Non-Governmental Organizations (hereinafter referred to as PCPNN).

Article 2. This Decision shall take effect 15 days after the date of signature and replace Decision No. 80/CT dated March 28, 1991 of the Chairman of the Council of Ministers (now Prime Minister). All previous regulations contrary to this Decision are hereby abolished.

Article 3. The Minister of Planning and Investment, the Minister of Finance, the Minister of Foreign Affairs, the Chairman of the Office of the Government, the Chairman of the Vietnam Association of Friendship Organizations, and the Heads of relevant agencies are responsible for implementing and guiding, supervising the implementation of the Regulation on Management and Utilization of Aid from Foreign Non-Governmental Organizations issued together with this Decision.

Article 4. The Ministers, Heads of Ministries equivalent to Ministries, agencies under the Government, Chairmen of provincial people's committees directly under the central government, and Heads of relevant agencies are responsible for implementing this Decision.

REGULATIONS

Management and utilization of aid from foreign non-governmental organizations

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(Issued together with Decision No. 28/1999/QĐ-TTg dated February 23, 1999 of the Prime Minister)

Chapter 1

GENERAL PROVISIONS

Article 1. Aid from foreign non-governmental organizations (hereinafter referred to as PCPNN) mentioned in this Regulation refers to non-repayable aid and assistance without profit-making purposes provided by foreign organizations, including overseas Vietnamese, supporting ministries, sectors, localities, and Vietnamese mass organizations, mainly including the following forms:

- Aid through programs and projects.

- Non-project aid in the form of money and goods (commodities, materials, equipment, etc.) for humanitarian purposes, emergency relief, scientific cooperation, and training.

Article 2. Aid from PCPNN organizations is a source of the state budget and is used for targeted goals and priority areas in economic and social development of Vietnam during each period, in accordance with the provisions of the PCPNN organization.

Chapter 2

RAISING, NEGOTIATING, APPROVING AND SIGNING

Article 3. Mobilizing aid from PCPNN organizations is carried out regularly, guided, and organized systematically:

1. Mobilizing aid for development programs and projects must be consistent with planning, objectives for attracting and utilizing official development assistance (ODA) approved by the Prime Minister.

2. Mobilizing humanitarian aid must be based on the social situation and actual needs of ministries, sectors, localities, mass organizations, etc., annually or during specific periods.

3. Mobilizing emergency aid must be based on the specific extent of damage to people, property, infrastructure, etc., in affected regions or localities due to natural disasters or other calamities. The Ministry of Foreign Affairs, in conjunction with the Vietnam Association of Friendship Organizations, will examine and report to the Prime Minister for decision on the level of appeal for emergency aid from PCPNN organizations.

Article 4. Basis for negotiating and signing agreements on aid with PCPNN organizations.

1. For aid for programs and projects, there must be program and project documentation clearly stating the objectives, expected results, contents of activities to be implemented, and necessary inputs (funds, counterpart funds, equipment, materials, etc.) to carry out the program and project activities. If the implementation period exceeds one year, a plan of activities and an estimate of the required funds for each year must be prepared, as well as clearly identifying the funds already available from the PCPNN organization and the amount of funds to be raised in subsequent years.

2. For humanitarian aid and emergency aid, the content of the aid, the recipients, the specific list of donated items, and the estimated total value if it is in-kind aid or the clear total value if it is cash aid must be specified.

3. When clauses in the aid agreement with PCPNN organizations are inconsistent with Vietnamese laws, the negotiating agency must seek written opinions from the Ministry of Justice, the Ministry of Planning and Investment, and the Ministry of Foreign Affairs for submission to the Prime Minister for consideration and decision.

Signing agreements on aid with PCPNN organizations must comply with current regulations on concluding and implementing international treaties and be based on the approval of programs, projects, and non-project aid amounts as stipulated in Article 5 of this Regulation.

Article 5. The authority to approve aid from PCPNN organizations is as follows:

1. The Prime Minister approves:

a) Programs and projects funded by PCPNN organizations with a value of US$500,000 or more.

b) Projects and aid related to institutional, policy, legal, cultural, information, religious, defense, and security matters.

c) Non-project aid with a value of US$200,000 or more or involving restricted import items (cars, motorcycles, used goods and equipment, certain types of pharmaceuticals, etc.).

d) All emergency aid.

2. The Ministers, Chairmen of provincial people's committees directly under the central government, Heads of ministries equivalent to ministries, agencies under the Government, and mass organizations shall approve:

a) Programs and projects funded by PCPNN organizations with a value below US$500,000. Before approval, the opinion of the Minister of Planning and Investment must be unified.

b) Non-project aid with a value below US$200,000. Before approval, the opinion of the Minister of Finance must be unified.

In case of differing opinions among relevant agencies, the approving authority shall report to the Prime Minister for decision.

After approval, all files of the aforementioned aid amounts must be sent to the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, the Office of the Government, and the Vietnam Association of Friendship Organizations for monitoring, management, and evaluation of implementation in accordance with current state regulations.

Chapter 3

STATE MANAGEMENT OF AID FROM FOREIGN NON-GOVERNMENTAL ORGANIZATIONS

Article 6. The Government shall unify state management over all sources of assistance from foreign non-governmental organizations (NGOs), from fundraising to negotiation and signing of assistance agreements with NGOs, from monitoring the implementation process to evaluating the results and effectiveness of the use of such assistance.

The management of assistance from foreign NGOs shall be carried out by competent agencies of the Government as stipulated in the following Articles.

Article 7. The Ministry of Planning and Investment is the main agency responsible for coordinating and managing programs and projects funded by foreign NGOs, and compiling the overall situation of assistance from foreign NGOs to report to the Prime Minister. The Ministry of Planning and Investment has the following tasks:

1. To take responsibility together with relevant agencies to guide ministries, sectors, localities, and mass organizations in building programs and projects to organize fundraising from foreign NGOs.

2. To take responsibility for appraising programs and projects and consolidating opinions of relevant agencies to submit to the Prime Minister for consideration and decision as prescribed in Clause 1, Article 5 of this Regulation.

3. To participate in providing opinions with the Ministry of Finance to submit to the Prime Minister for consideration and decision on non-project assistance valued at US$200,000 or more or containing items subject to restricted import.

4. To take responsibility for coordinating with the Ministry of Finance to allocate counterpart funds in the State budget plan annually for programs and projects committed to foreign NGOs according to the provisions of the State Budget Law.

5. To take responsibility for coordinating with the Ministry of Finance, the Vietnam Association of Friendship Organizations, and relevant agencies to organize the monitoring, inspection of the receipt, management, and implementation of assistance from foreign NGOs; to compile, analyze, and evaluate the effectiveness of such assistance; to handle issues within its authority and to recommend to the Prime Minister for consideration and decision on issues beyond its authority.

Article 8. The Ministry of Finance is the main agency responsible for financial management, coordination, and management of all non-project assistance from foreign NGOs. The Ministry of Finance has the following tasks:

1. To take responsibility and coordinate with relevant agencies to establish financial management systems for assistance from foreign NGOs according to its authority and to recommend to the Prime Minister for consideration and decision on issues beyond its authority.

2. To allocate counterpart funds in the State budget plan annually as prescribed in Clause 4, Article 7 of this Regulation.

3. To participate in the work of monitoring and inspecting the receipt, management, and implementation of assistance from foreign NGOs.

4. To take responsibility for compiling non-project assistance and finalizing financial settlements of all assistance from foreign NGOs; to participate with the Ministry of Planning and Investment in compiling the overall situation of assistance from foreign NGOs to report to the Prime Minister.

5. To participate in appraising programs and projects funded by foreign NGOs valued at US$500,000 or more.

6. To consolidate opinions to submit to the Prime Minister for consideration and decision on non-project assistance valued at US$200,000 or more or containing items subject to restricted import.

7. To propose management schemes for receiving and distributing emergency assistance to submit to the Prime Minister for consideration and decision.

8. To take responsibility for coordinating with the Ministry of Planning and Investment and the General Statistics Office to issue reporting forms for non-project assistance.

Article 9. The Ministry of Foreign Affairs shall have the following responsibilities:

1. To coordinate with relevant agencies in fundraising and securing assistance from foreign NGOs.

2. To coordinate with the Vietnam Association of Friendship Organizations in soliciting emergency assistance from foreign NGOs as prescribed in Clause 3, Article 3 of this Regulation.

Article 10. The Office of the Government shall have the following responsibilities:

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

2. To participate in the work of appraising and recommending policies, mechanisms... for programs and projects; to provide opinions on non-project assistance under the Prime Minister's decision-making authority funded by foreign NGOs before submitting to the Prime Minister.

Article 11. The Vietnam Association of Friendship Organizations is the main agency responsible for relations and fundraising activities with foreign NGOs. The Vietnam Association of Friendship Organizations has the following tasks:

1. To coordinate with the Ministry of Foreign Affairs and relevant agencies to organize fundraising from foreign NGOs based on areas, priority directions, and general foreign policy.

2. To guide and organize inspections of the operations of representative offices and project offices of foreign NGOs in accordance with Decision No. 340/TTg dated May 24, 1996 of the Prime Minister on the Operation Regulations of foreign NGOs in Vietnam.

3. To participate in appraising programs and projects valued at US$500,000 or more.

4. To participate in providing opinions with the Ministry of Finance on non-project assistance valued at over US$200,000 to submit to the Prime Minister for consideration and decision.

5. To participate with the Ministry of Planning and Investment in the situation of fundraising from foreign NGOs every six months and annually for the Ministry of Planning and Investment to compile and report to the Prime Minister.

6. To coordinate with the Ministry of Foreign Affairs to recommend to the Prime Minister on the policy of soliciting emergency assistance.

Article 12. The Ministry of Public Security shall have the task of guiding and supporting the implementation of regulations on security protection for Vietnamese agencies and organizations in their interactions and work with foreign NGOs.

Article 13. The Government Religious Committee shall have the task of guiding and supporting Vietnamese agencies and organizations in implementing the State's religious policy in their relations with foreign NGOs affiliated with religions.

Article 14. Ministries, ministerial-level agencies, agencies under the Government, provincial people's committees directly under the central government, and central agencies of mass organizations shall have the following tasks:

1. To determine subordinate agencies and units responsible for coordinating, receiving, and managing assistance from foreign NGOs.

2. To direct subordinate units to solicit and secure assistance from foreign NGOs based on their own fields and priority directions and the State's general foreign policy.

3. Direct subordinate units to prepare the contents of programs, projects, and proposals for humanitarian aid and emergency assistance to be submitted to the state management agencies mentioned in Articles 7, 8, 9, 10, and 11 of this Regulation as the basis for soliciting aid from PCPNN organizations.

4. Coordinate with the Vietnam Association of Friendship Organizations and the standing office of the PCPNN work committee under the committee on non-governmental organizations to contact PCPNN organizations.

5. The Minister, the Chairman of the People's Committee of provinces and centrally governed cities, the Heads of ministries at the ministerial level, government agencies, and mass organizations shall approve PCPNN organization aid grants within their respective authorities as stipulated in Clause 2 of Article 5 of this Regulation. The approval decision must be sent to the Ministry of Planning and Investment, the Ministry of Finance, and the Vietnam Association of Friendship Organizations within fifteen days from the date of signing.

6. Bear responsibility for directing, guiding, urging, inspecting, and supervising subordinate units in receiving, managing, and utilizing PCPNN organization aid in accordance with current regulations, fulfilling commitments made with PCPNN organizations. Timely detect any violations related to religion, security, ethnicity, etc., during the implementation of PCPNN organization aid reception work to remind, require compliance, and report to the relevant agencies mentioned in Articles 8 through 13 of this Regulation.

Compile periodic, final, and extraordinary reports (if any) on the results of PCPNN organization aid implementation by the agency or locality to the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, the Government Office, the Vietnam Association of Friendship Organizations, and other relevant agencies.

Article 15. Establish a Working Group to monitor PCPNN organization aid comprising representatives from the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, the Government Office, and the Vietnam Association of Friendship Organizations to handle and resolve issues related to the management and utilization of PCPNN organization aid. The Working Group will be chaired by a leader from the Ministry of Planning and Investment and will decide on its operational rules.

Chapter 4

IMPLEMENTATION OF GRANTS FROM PCPNN ORGANIZATIONS

Article 16. Materials, goods, machinery, equipment, and transportation means imported from non-repayable aid sources of PCPNN organizations, which have been approved by authorized bodies, are exempted from import tax and special consumption tax (if applicable) according to current tax laws.

Article 17. Responsibilities of units directly receiving and implementing PCPNN organization aid grants:

1. Units assigned the task of preparing programs and projects are responsible for drafting program and project documentation to submit for approval by competent authorities before implementation.

2. Clarify the contents of humanitarian aid and emergency aid to be submitted for approval by competent authorities before receiving and using them.

3. Collaborate with relevant agencies to coordinate with the PCPNN organization side to carry out necessary preparatory and support activities.

4. Implement aid grants as agreed and committed with PCPNN organizations and in accordance with current government regulations on financial management, monetary policy, basic construction, procurement bidding, and follow the guidance of superior agencies as stipulated in Clause 6 of Article 14 of this Regulation.

5. Prepare periodic, final, and extraordinary (if any) reports on the situation of receiving, implementing, and financing PCPNN organization aid grants of their unit to submit to the superior management agency for compilation and reporting to the functional agencies as stipulated in Clause 2 of Article 18 of this Regulation.

Article 18. Reporting on the implementation of PCPNN organization aid grants is conducted semi-annually, annually, and upon completion of implementation:

1. Ministries, provincial people's committees, centrally governed city people's committees, ministries at the ministerial level, government agencies, and mass organizations are responsible for compiling and reporting on the implementation status and financial statements of PCPNN organization aid grants.

2. At the latest two weeks after the end of six months and one month after the end of the year of implementation, as well as three months after the completion of implementation of PCPNN organization aid grants, these reports must be sent to the Ministry of Planning and Investment, the Ministry of Finance, the Vietnam Association of Friendship Organizations, and the General Statistics Office for monitoring and compiling reports to the Prime Minister.

3. Content of the report:

a) For programs and projects: implement according to the reporting system for the implementation of programs and projects funded by ODA as stipulated in Decree No. 87/CP dated August 5, 1997, of the Government and Circular No. 15/1997/TT-BKH dated October 24, 1997, of the Ministry of Planning and Investment guiding the implementation of Decree No. 87/CP.

b) For non-project aid grants: implement according to the requirements and guidance of the Ministry of Finance as stipulated in Clause 8 of Article 8 of this Regulation.

Article 19. Inspection and audit of PCPNN organization aid reception and utilization:

Ministers, Heads of ministries at the ministerial level, government agencies, Chairmen of provincial people's committees, and centrally governed city people's committees are responsible for directing functional agencies to monitor and inspect the performance of sectors, levels, and units receiving and utilizing PCPNN organization aid as specified in this Regulation; conduct audits against acts suspected of violating this Regulation.

Any organization or individual violating this Regulation shall be subject to legal sanctions.