Decision No. 281/QD-BTC On announcing administrative procedures for the process of reviewing applications to withdraw ODA and preferential foreign loans in the field of external finance under the scope of management functions of the Ministry of Finance

Pursuant to …;

Regarding the announcement of administrative procedures for the examination and approval process

of requests to withdraw ODA funds and preferential foreign loans

in the field of external finance

within the scope of the State management functions of the Ministry of Finance

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THE MINISTER OF FINANCE

Pursuant to Decree No. 215/2013/NĐ-CP dated December 23, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 63/2010/ND-CP dated June 8, 2010 of the Government on Administrative Procedure Control;

Pursuant to Decree No. 48/2013/ND-CP dated May 14, 2013 of the Government amending and supplementing Decree No. 63/2010/ND-CP;

Pursuant to Circular No. 218/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance on financial management for programs and projects using official development assistance (ODA) and preferential foreign loans from donors;

Considering the proposal of the Director of the Department of Debt Management and External Financial Affairs,

DECISION:

Article 1. Announced along with this Decision is 01 administrative procedure regarding the examination and approval process for requests to withdraw ODA funds and preferential foreign loans in the field of external finance, including 01 amended and supplemented administrative procedure replacing the administrative procedure previously announced in Decision No. 1901/QD-BTC dated August 10, 2009 of the Ministry of Finance (Appendix attached).

Article 2. This Decision shall take effect from the date of signing.

Article 3. The Director of the Department of Debt Management and External Financial Affairs, the Head of the Legal Department, the Director of the Office, the Director of the Information Technology and Statistics Department, and the Heads of related units shall be responsible for implementing this Decision./.

Detailed information accompanying the announced administrative procedure

Name of procedure:

Examination and Approval Process for Requests to Withdraw ODA Funds and Preferential Foreign Loans

in the field of external finance

1. Implementation procedures:

Step 1: Receiving application dossier

The Department of Debt Management and External Financial Affairs receives the withdrawal request dossier from the project owner. 

Step 2: Checking the dossier

The Department of Debt Management and External Financial Affairs checks the validity and completeness of the dossier, if complete it will proceed to approve the withdrawal request form.

Step 3: Approving the withdrawal request form

The Ministry of Finance (Department of Debt Management and External Financial Affairs) approves the withdrawal request form to send to the donor, who will then implement disbursement.

2. Method of Implementation: Directly at the administrative agency's office.

3. Components and Quantity of Documents:

a) First withdrawal dossier: submit one set to the Ministry of Finance (Department of Debt Management and External Financial Affairs), including:

- Financing agreement signed between the Government of Vietnam and the donor (Vietnamese translation with signature and stamp of the project owner). This dossier is only sent to the expenditure control agency);

-  Investment project (Feasibility Study Report) and/or Project Documentation approved by the competent authority (copy); Investment Decision of the competent authority (copy); Approved total budget estimate (if applicable);

- Contract between the project owner and the contractor and related documents concerning payment conditions, excluding drawings and technical design documents (copies); for contracts only signed in a foreign language, submit a Vietnamese translation of the payment provisions of the contract, signed and stamped by the project owner;

- Agreements, letters, or documents stating "no objection" from the donor; agreements with contractors on project implementation (eligible cost items, contracts; performance bonds); approved budgets for each work package, tender package, and project approved by the competent authority (for cases of direct award and works carried out without contracts) and other relevant project documents (if any);

- Annual capital plan approved by the competent authority;

- Rescheduling loan agreement signed between the project owner and the rescheduling agency (if applicable).

b) Subsequent withdrawal dossier: submit one set to the Ministry of Finance (Department of Debt Management and External Financial Affairs), including:

- Letter requesting withdrawal

- Withdrawal request form

- Statements according to the model of each donor

- Confirmation letter from the expenditure control agency (not applicable for advance payment/certain special payment methods)

- Other supporting documents depending on the withdrawal method:

+ Invoice/Payment Request from the contractor/supplier (for direct payment method)

+ Payment Request Form confirmed by the expenditure control agency for the previous payment period (for the final payment under the JICA transfer payment method)

+ Copy of the Letter of Credit already opened (for commitment letter method)

+ Proof of payment made to the contractor/beneficiary and/or Statement confirming receipt of payment from the contractor/beneficiary (for repayment/reimbursement method)

+ Detailed spending plan from the advance account for the next three months; Withdrawal statement prepared by the project owner showing each expense item from the advance account, detailed payment date, original currency amount, converted VND amount, exchange rate applied, payment purpose, beneficiary; Bank statement of the advance account (for additional advance account method) 

4. Time limit for processing: Within five working days from the date of receiving a complete and valid dossier.

5. Subjects Implementing the Administrative Procedure: 

6. Administrative procedure implementing agency: 

a) Authority to decide: Ministry of Finance   

b) Agency or person authorized or delegated to implement: Department of Debt Management and External Financial Affairs 

c) Direct administrative procedure implementing agency: Department of Debt Management and External Financial Affairs

d) Coordinating agency (if any):

7. Results of Implementing the Administrative Procedure:: The withdrawal request form is submitted to the donor for disbursement and payment (Withdrawal request form according to the model of each donor)

8. Fees and charges: 

9. Names of Administrative Forms and Declarations:  Withdrawal request form submitted to the donor. (According to the separate model of each different donor. Due to many donors, it is not possible to list all).

10. Requirements and conditions for implementing the administrative procedure: 

11. Legal basis for the administrative procedure: 

- Law on Public Debt Management No. 29/2009/QH12 dated June 17, 2009;

- Decree No. 78/2010/NĐ-CP dated July 14, 2010 of the Government on relending government foreign loans;

- Decree No. 79/2010/NĐ-CP dated July 14, 2010 of the Government on public debt management operations;

- Decree No. 38/2013/NĐ-CP dated April 23, 2013 of the Government on managing and using official development assistance (ODA) and preferential loans from donors; 

- Circular No. 218/2013/TT-BTC dated December 31, 2013 of the Ministry of Finance Regulations on financial management for programs and projects using official development assistance (ODA) funds and preferential foreign loans from donors.

12. Model results of administrative procedures (if any): Primary market: