Decision No. 37/2003/QD-BNV On the issuance of the regulation on the management and use of the administrative reform support fund

 

Pursuant to …;

Regarding the issuance of the Regulation on Management and Use

of the Administrative Reform Support Fund

THE MINISTER OF THE MINISTRY OF HOME AFFAIRS

Pursuant to Decree No. 45/2003/NĐ-CP dated May 9, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Home Affairs;

Based on the Project Document VIE/01/024/B "Support for Implementing the Overall Program of State Administrative Reform for the Period 2001-2010" signed between the Government of Vietnam and UNDP on November 22, 2002;

Based on the opinions of the Ministry of Justice in Circular No. 362/TP-HTQT dated May 30, 2003 and the Ministry of Finance in Circular No. 8788/TC/VT dated June 3, 2003;

Considering the proposal of the Director of Project VIE/01/024/B,

DECISION:

Article 1: This Decision hereby promulgates the Regulation on Management and Use of the Administrative Reform Support Fund.

Article 2: The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 3: The Director of Project VIE/01/024/B, the Head of the Ministry's Office, the Director of the International Cooperation Department, and the Heads of relevant units under the Ministry shall be responsible for implementing this Decision.

REGULATIONS

ON THE MANAGEMENT AND USE OF THE ADMINISTRATIVE REFORM SUPPORT FUND
(Annexed to Decision No. 37/2003/QĐ-BNV dated June 30, 2003 of the Minister of Home Affairs)

Chapter 1:
GENERAL PROVISIONS

Article 1. Purpose of the Regulation

This Regulation stipulates the management and use of the Administrative Reform Support Fund (hereinafter referred to as the Fund), which is defined in the Project Document VIE/01/024/B "Support for Implementing the Overall Program of State Administrative Reform for the Period 2001-2010" signed between the Government of Vietnam and UNDP on November 22, 2002 (hereinafter referred to as the Project).

Article 2. Interpretation of Terms

In this Regulation, the following terms shall be understood as follows:

1. The national managing body is the Ministry of Home Affairs (hereinafter referred to as the managing body).

2. The government aid coordinating body is the Ministry of Planning and Investment, the Ministry of Finance, the Government Office, and the Ministry of Foreign Affairs (hereinafter referred to as the coordinating body).

3. The co-implementing agencies of the Project are the agencies participating in the implementation of VIE/01/024/B, including the Ministry of Home Affairs, the Government Office, the Ministry of Justice, and the Ministry of Finance.

4. The Fund users are the agencies supported by the Fund to carry out activities in the field of administrative reform, including the co-implementing agencies of the Project, the Government's Steering Committee for Administrative Reform, the Secretariat of the Government's Steering Committee for Administrative Reform, the Steering Committees for Administrative Reform of Ministries, agencies at the level of ministries, and agencies under the Government, and the provinces and centrally-administered cities.

5. The fiscal year starts from January 1 and ends on December 31 each year.

Article 3. Objectives of the Fund

The Fund is used for the following objectives:

1. Encouraging the initiation, recognition, and replication of best practices, models, and experiences in administrative reform at central and local levels.

2. Supporting the organization of research related to administrative reform;

3. Encouraging stakeholders to participate in discussions on administrative reform issues through partnerships established within the framework of the Project.

Article 4. Principles of Management and Use of the Fund

1. Providing timely and effective financial support to meet approved assistance requirements consistent with the objectives of the Fund;

2. The Fund's budget is included in the Project's budget;

3. The management and use of the Fund shall comply with the provisions of the National Executing Entity (NEX) modality.

Article 5. Responsibilities of Agencies

1. The managing body is responsible for managing and using the Fund in accordance with current regulations;

2. The managing body coordinates with the co-implementing agencies of the Project to develop plans for the use of the Fund and ensure the efficient use of ODA funds based on consultations with the coordinating body.

3. UNDP's responsibilities regarding fundraising for the Fund, financial reporting, and reporting on the use of the Fund to donors are specified in the Project Document mentioned in Article 1 of this Regulation.

Chapter 2:
PLANNING AND APPROVAL OF THE FUND'S ACTIVITY PLAN

Article 6. Activities Supported by the Fund

The Fund shall be used to support the following activities:

1. Establishing and implementing national mechanisms aimed at:

a. Identifying and encouraging pilot initiatives for administrative reform at central and local levels.

b. Selecting models and initiatives for administrative reform at central and local levels as pilot projects.

2. Implementing pilot projects, models, and initiatives on administrative reform at central and local levels;

3. Summarizing and evaluating pilot models and initiatives on administrative reform;

4. Scaling up successful pilot models and initiatives on administrative reform;

5. Conducting research on administrative reform, organizing seminars and training sessions on administrative reform;

6. Managing and supervising the implementation of the overall administrative reform program;

7. Activities related to information dissemination on administrative reform;

8. Developing partners for the implementation of the overall administrative reform program.

Article 7. Planning the Fund's Activities

1. The National Project Director shall consult with the co-implementing agencies, coordinating agency, and UNDP to develop the Fund’s activity plan in accordance with the directions and priorities of the Government Administrative Reform Steering Committee and the managing agency.

2. Ministries, ministerial-level agencies, government agencies, and centrally-administered cities and provinces must submit written requests for support no later than the end of March each year.

3. Requests for support must be submitted to the managing agency before October 15th each year, and will then be reviewed for inclusion in the Fund’s annual activity plan.

Support requests must be designed according to the format specified by the National Execution Modality (NEX) project.

Within one month from the date of submission to the managing agency, support requests will be approved, rejected, or requested to be further completed based on the criteria set forth in Clause 4 of this Article.

4. Criteria for assessing support requests:

a. Alignment with the Fund's objectives (Article 3) and supported activities (Article 6);

b. Consistency with the content and priorities of the overall administrative reform program;

c. Demonstration of comparative advantage if using Fund finances compared to other forms of financing;

d. Focus on specific outcomes;

e. Feasibility in implementation.

5. Based on support requests, the Fund’s activity plan will be developed and submitted for comments from the co-implementing agencies and coordinating agency.

Article 8. Approval of the Fund's Annual Activity Plan

The managing agency is responsible for approving the Fund's annual activity plan along with the approval of the project's annual activity plan.

The managing agency may delegate authority to the National Project Director to approve certain specific support requests.

Article 9. Support Requests Outside the Plan

The managing agency will consider and approve support requests outside the plan and include them in the quarterly plan for implementation.

Chapter 3:
IMPLEMENTATION OF SUPPORT ACTIVITIES AND RESPONSIBILITIES OF AGENCIES

Article 10. Implementation of Support Activities

Agencies utilizing the Fund are responsible for implementing approved support activities, preparing quarterly progress reports on project implementation and financial disbursements to the National Project Director; preparing final activity reports and financial settlement reports upon completion of the activity in accordance with project guidelines and current regulations.

Article 11. Financial Management

1. The National Project Director shall be responsible for disbursement of funds for activities led by the Ministry of Home Affairs.

2. For activities led by entities outside the Ministry of Home Affairs, the National Project Director shall authorize disbursement through bank transfers. Disbursements to these entities will be made quarterly based on approved activity plans, quarterly progress reports, and financial statements.

Article 12. Responsibilities of the National Project Director

1. The National Project Director shall organize the supervision and evaluation of activities supported by the Fund, and recommend measures to the management body to ensure effective utilization of support.

2. The National Project Director shall convene quarterly meetings with UNDP to unify the development of plans, review, and monitor project activities to ensure proper management and use of the Fund.

3. The National Project Director shall prepare annual reports on the management and implementation of the Fund and the results of activities funded by the Fund to be submitted to UNDP and the coordinating agency.

Chapter 4:
IMPLEMENTING PROVISIONS

Article 13. Implementation of the Regulation

The operational period of the Fund shall be the duration of the Project, unless otherwise specified.

Costs associated with implementing the activities under this Regulation shall be covered from the Fund's budget.

Article 14. Amendment and Supplement to the Regulation

Any supplementation or amendment to this Regulation shall be decided by the Minister of Home Affairs.