Decree No. 38/2013/ND-CP on management and use of official development assistance (ODA) and concessional loan sources from sponsors

DECREE

Regarding the management and utilization of official development assistance (ODA) and preferential loan funds provided by sponsorsODA)

for joining and implementing international treaties on June 14, 2005;

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Pursuant to the Law Torganization C"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government on December 25thJune 2024;The Ministry of Finance issued on November 13,

Pursuant to the Law N |||Elderly People Law No. 23/2009/QH12 dated November 23, 2009;June 2024;Persons with Disabilities Law No. 17/2010/QH12 dated June 17, 2010;

Pursuant to the Law Xdated November 26, 2003;

Pursuant to the Law Signature kpoliciesinvestment on June 29,

Pursuant to the Law Independence - freedom - happinessbidding on June 29, 11 b) Circular No. 03/2015/TT-BKHĐT dated May 6, 2015 of the Minister of Planning and Investment detailing the preparation of construction tender documents.

Pursuant to the Law Independence - freedom - happinesspublic debt on June 17, 2009;June 2024;energy 11 b) Circular No. 03/2015/TT-BKHĐT dated May 6, 2015 of the Minister of Planning and Investment detailing the preparation of construction tender documents.

Pursuant to the Law Article 24Training institution for professional knowledge in management and operation of apartment buildings reason amending and supplementing certain articles of laws

Pursuant to the Law Provincial People's Committees set specific pricesconcerning basic construction investment on June 19, 2009; Number of employees and workers directly involved in the joint venture and association activities of the organization over the last 03 yearsGovernment promulgates a Decree on managing

1. Regarding social housing: The People's Committee of Hanoi City shall base on the urban planning, urban development area on both sides of Vo Nguyen Giap Road, urban development plan, and actual needs to allocate social housing projects within the urban development area on both sides of the road, ensuring the prescribed ratio according to the law.policies This Decree stipulates the organization, tasks, powers, and activities of agencies performing the function of inspecting the industry of Planning and Investment; inspectors, persons assigned to perform specialized inspection tasks, and inspection collaborators of the industry of Planning and Investment; the responsibilities of agencies, organizations, and individuals in the inspection activities of the industry of Planning and Investment.;

ốn ... tại: ..."b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."and utilizing ODA and preferential loan funds lprovided by sponsorsỗ for official development assistance (ODA) and preferential loan funds"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."provided by sponsors,

Chapter

I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates the work of managing and utilizing official development assistance (ODA) and preferential loan funds provided by foreign governments, international organizations, intergovernmental or interregional organizations (hereinafter referred to collectively as sponsors) supplied to the State or the Government of the Socialist Republic of Vietnam., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP The objects subject to this Decree are agencies, organizations, and individuals participating or related to activities within the scope regulated by this Decree.

Article 2. Applicability

Article 3. Forms of provision of ODA and preferential loan funds

ODA includes non-reimbursable ODA and ODA loans:

ứNon-reimbursable ODA is a form of providing ODA

1. that does not need to be repaid to the sponsor;

a) ODA loans are a form of providing ODA that must be repaid to the sponsor with favorable conditions regarding interest rates, grace periods, and repayment periods, ensuring the non-repayment factor reaches at least 35% for tied loans and 25% for untied loans, as specified in the Appendix.A Preferential loan funds are a form of providing loan funds with more favorable conditions than commercial loans, but the non-repayment factor has not reached the standard for ODA loans as defined in Point b Clause 1 of this Article.

b) Article 4. Explanation of termsu"Program and project management agency" (hereinafter referred to as "Management Agency") refers to central agencies of the Party, Supreme People's Procuratorate, Supreme People's Court, agencies under the National Assembly, State Audit Office, President's Office, Ministries, ministerial-level agencies, agencies under the Government, Provincial People's Committees, and provincial-level municipalities directly under the Central Government (hereinafter referred to as "Provincial People's Committee"), central agencies of political and social organizations, political and social-professional organizations, social-professional organizations with ODA programs and projects and I of this Decree.

2. preferential loan funds (hereinafter referred to as "programs and projects")

Independence - freedom - happiness

ANNEX I.A[31]"Program and project owner" (hereinafter referred to as "Project Owner") is the entity entrusted by the management agency to manage and utilize ODA funds, preferential loan funds, and counterpart funds to implement programs and projects.

In this Decree, the following terms are understood as follows:

1. "Project Management Board" is the entity entrusted to assist the project owner in managing and implementing programs and projects.No."Program and Project Steering Committee" (hereinafter referred to as "Steering Committee") is a committee established comprising authorized representatives from the management agency and relevant agencies tasked with directing, coordinating, supervising, and coordinating the implementation of programs and projects. In some necessary cases, based on agreement with the sponsor, the Steering Committee may include representatives from the sponsor.No."Funding Catalogue" is a list consisting of one or more programs, projects, and non-project grants requesting ODA funding and preferential loan funds approved by competent authorities in Vietnam and agreed upon by the sponsor, serving as the basis for the management agency to cooperate with the sponsor in drafting program and project documentation and non-project grants.development"Project" is a set of related proposals aimed at achieving one or several specific goals, implemented in a specific area within a defined timeframe and based on specific resources. Projects include investment projects and technical support projects.No."Investment Project" is a set of proposals involving medium- and long-term capital investment to carry out investment activities in a specific area within a defined timeframe. Investment projects are divided into two types:.

2. "Construction Investment Project" is a set of proposals

3. related to capital investment for new construction, expansion, or renovation of facilities aimed at developing, maintaining, or improving the quality of facilities or products, services over a specific period. Construction investment projects are classified according to national key investment projects and Groups A, B,

4. as prescribed by laws on construction investment;

5. "Other Investment Projects" are investment projects not falling under the category of construction investment projects as defined in Point a of this Clause.

6. "Technical Support Project" is a project aimed at supporting the development of capacity and institutions or providing technical inputs to prepare and implement programs and projects through activities such as providing experts, training, equipment support, materials, and documents, study tours, and seminars.

7. "Program" is a set of related activities and projects that may involve one or more sectors, fields, regions,concerning the classification and determination of state management authority in the field of crop productionterritories, and various subjects to achieve one or several specific goals, carried out in one or more phases.

a) "National Key Program and Project" is a program and project decided by the National Assembly on investment policy.national"Policy Framework Accompanying Program" is a program accompanied by policy conditions, macroeconomic reform solutions, sectoral policies that the Vietnamese Government commits to implement according to a specific timeline. l"Regional and Global Program and Project" (hereinafter referred to as "Regional Program and Project") is a program and project funded by ODA and preferential loan funds for a group of countries in one or more geographic regions, including Vietnam, to implement cooperative activities For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;to achieve specific goals for the benefit C of participating parties and the common good of the region or globally.

b) "Program and Project Documentation" is a document submitted for approval.

8. "Technical support project" is a project with the objective of supporting the development of capacity and institutions or providing technical input factors to prepare and implement programs and projects through activities such as providing experts, training, equipment support, materials and documents, site visits, seminars.

9. "Program" is a set of related activities and projects that may relate to one or more sectors, fields, regions, and different subjects aimed at achieving one or several specific goals, implemented in one or more phases. l"Territory" is a geographical area where the program or project is carried out involving various subjects to achieve one or several specific goals over one or more stages.

10. "National key program/project" is a program/project decided by the National Assembly on investment orientation.

11. "Program with policy framework" is a program accompanied by policy conditions, macroeconomic reform solutions, sectoral and field measures that the Government of Vietnam commits to implement according to a specified timeline.

12. "Program/project matrix" is a program/project in which there is a lead agency playing a coordinating role and the lead agencies of component projects.

13. "Regional/global program/project" (hereinafter referred to as "regional program/project") is a program/project funded by ODA and concessional loans for a group of countries within one or more geographic regions, including Vietnam, to carry out cooperation activities to achieve specific goals for the benefit of participating parties and the common interest of the region or globally.national"Program/project documentation" is the document submitted to provide ODA and concessional loans. "b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Ensuring transparency, accountability, and reporting in the synchronization, large-scale, and modern infrastructure development, including transportation infrastructure (roads, railways, airports, seaports, and inland waterways); urban infrastructure (urban transport, urban water supply and sanitation, urban power infrastructure); information and communication technology infrastructure; energy infrastructure (prioritizing renewable and new energy development); irrigation and dike infrastructure.

14. Social infrastructure development, including culture, health, education and training, vocational training, social security, poverty reduction, population and development.ìHigh-tech scientific and technological development, source technologies, and scientific and technological development in some priority and key areas, knowledge economy, and high-quality human resources.y context, necessity, objectives, content, results, main activities, total capital, sources and structure of capital, other resources, domestic financial mechanism and organizational form for managing and implementing the program, project. For investment projects, the project documentation is the Feasibility Study Report.

15. "Non-project aid" refers to the provision of ODA funds not tied to specific projects. Non-project aid is provided in the form of money, goods, procurement aid,uinsurance.

16. "Budget support" is a method of providing ODA and concessional loans whereby the support amounts are directly transferred into the state budget; managed and utilized according to the budget regulations and procedures of Vietnam and consistent with the agreed content with the donor.

17. "Commercial borrowing" refers to a loan made under market conditions similar to export credit terms or raised on the international capital market.

18. "Unconditional ODA and concessional loans" refers to ODA and concessional loans without attached conditions related to the supply, procurement of goods and services from certain suppliers or countries as stipulated by the donor.

19. "Conditional ODA and concessional loans" refers to ODA and concessional loans with attached conditions related to the supply, procurement of goods and services from certain suppliers or countries as stipulated by the donor.

20. "International agreement on ODA and concessional loans" refers to a written agreement concluded on behalf of the State or Government of the Socialist Republic of Vietnam with one or more donors regarding issues related to ODA and concessional loans. An international agreement on ODA and concessional loans includes:

a) "Framework international agreement on ODA and concessional loans" refers to an international agreement on ODA and concessional loans that expresses commitments to general principles and conditions concerning strategy, policy, cooperation framework, priority directions in the provision and use of ODA and concessional loans; fields, programs, projects agreed upon for sponsorship; framework conditions and ODA and concessional loan commitments for a year or several years for programs and projects; principles regarding the format and management plan for implementing programs and projects;

b) "Specific international agreement on ODA and concessional loans" refers to an international agreement on ODA and concessional loans that expresses commitments to sponsor specific programs and projects or provide budget support, concerning objectives, activities, results to be achieved, implementation plans, sponsorship conditions, capital, capital structure, obligations, responsibilities, and rights of each party, principles and standards to be followed in the management and implementation of programs and projects, and disbursement and repayment conditions for loans for programs and projects.

21. "Counterpart funding" refers to contributions from Vietnam in the form of goods or money for preparing and implementing programs and projects, allocated from the central government budget, local government budget, self-arranged capital by the project owner, beneficiary contributions, and other counterpart funds.

22. "Private sector" in this Decree refers to the non-state economic sector.

Article 5. Forms of providing ODA and concessional loans

ứAgricultural and rural development, including structural transformation and economic development in agriculture, socio-economic infrastructure in rural areas, building new countryside.No.Strengthening institutional capacity and administrative reform.

Forms of providing ODA and concessional loans include:

1. Budget support.

2. Program support.

3. Project support.

4. Non-project aid.

Article 6. Basic principles in managing and using ODA and concessional loan funds

1. ODA and concessional loan funds are state budget resources used to implement national socio-economic development priorities and reflected in the state budget in accordance with the law.ANNEX I.A[31]The Government uniformly manages the state's affairs regarding ODA and concessional loan funds based on decentralization linked to responsibilities, authorities, management capacity, and initiative of sectors and levels; ensuring coordinated management, inspection, and strict supervision by relevant agencies.

2. Attracting, managing, and utilizing ODA and concessional loan funds must be considered, balanced, and selected within the overall investment development capital sources to achieve the highest socio-economic efficiency, sustainability, equality, fairness, absorptive capacity, debt repayment capability, and debt safety, prioritizing the use of concessional loan funds for programs and projects capable of directly recovering capital.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsEnsuring transparency, accountability, and responsibility in the provision of ODA and concessional loan funds and in the use of these funds.No.Creating favorable conditions for the private sector to access ODA and concessional loan funds based on sharing benefits and risks between the state and the private sector.developmentEnsuring consistency and synchronization between Vietnam's regulatory legal documents and harmonizing procedures and formalities with donors regarding ODA and concessional loan funds.

3. Adhering to current Vietnamese laws and international treaties concerning ODA and concessional loan funds where the Government or the Socialist Republic of Vietnam is a party. In cases where there is a difference between an international treaty on ODA and concessional loan funds and Vietnamese law on the same issue, the provisions of the international treaty shall apply.ngArticle 7. Priority areas for using ODA and concessional loans

4. Environmental protection, natural resource management, disaster risk reduction and response, climate change adaptation, sustainable development, and green growth.uBuilding a comprehensive, large-scale, and modern infrastructure system, including transportation infrastructure (roads, railways, airports, seaports, and inland waterways); urban infrastructure (urban transport, urban water supply and sanitation, urban power infrastructure); information technology and communication infrastructure; energy infrastructure (prioritizing renewable and new energy development); irrigation and dike infrastructure.DDeveloping social infrastructure, including culture, healthcare, education and training, vocational training, social security, poverty reduction, population, and development.

5. Developing high-tech science and technology, source technology, and science and technology development in some priority and key fields, knowledge economy, and high-quality human resources.

6. Bn lDeveloping agriculture and rural areas, including restructuring and developing agricultural economies, social and economic infrastructure in rural areas, building new countryside.

7. Strengthening institutional capacity and administrative reform.ealth Protecting the environment and natural resources, preventing and mitigating natural disasters, responding to climate change, sustainable development, and green growth.

Supporting the promotion of trade, investment, finance, banking, tourism, and certain production and business sectors to enhance the competitiveness of the economy.

BB 1.1Supporting the implementation of national target programs.

1. Other priority areas as decided by the Prime Minister.policies Supporting trade promotion, investment, finance, banking, tourism, and certain production and business sectors to enhance the competitiveness of the economy.

2. Supporting the implementation of national target programs.°Other priority areas as decided by the Prime Minister.

3. Mobilizing and attracting ODA and concessional loans based on:a The national strategy, planning, and economic and social development plans of the country, sectors, regions, and localities.

4. The public debt and foreign debt strategy for the period 2011-2020 and vision to 2030. BB 1.1Proposals guiding the attraction, management, and utilization of ODA and concessional loans during each period.

5. National target programs and sectoral and local target programs.

6. Program/project outline and documents on the ability to arrange ODA funds无偿翻译，下一句继续：

7. from donors;

8. Within ten working days from the date of receipt of the request for comments, the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies shall submit their written comments to the lead agency.

9. Based on Article 10 of this Decree, the Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to provide opinions on the domestic financial mechanism applicable to the proposed program/project;

Article 8. Procedures for mobilizing, managing, and using ODA and concessional loans

1. Establishing and approving the List of Grants.

2. Preparing, reviewing, and approving program and project documents.

3. Signing international agreements on ODA and concessional loans.

4. Implementing programs and projects.

5. Monitoring and evaluating programs and projects.

Article 9. Private Sector Access to ODA and Concessional Loans

1. Forms of access to ODA and concessional loans for the private sector include:

a) Borrowing from domestic financial and credit institutions through credit limit programs or credit facilities funded by ODA and concessional loans to carry out activities consistent with international agreements on these sources of funds and in compliance with the lending procedures of financial and credit institutions;ầParticipating in implementing programs and projects in priority areas for the use of ODA and concessional loans by the Government under the form of state budget loans;nationalParticipating in implementing programs and projects under public-private partnership models, where the Government contributes with ODA and concessional loan funds;

b) Participating in implementing programs and projects aimed at supporting the private sector, initiated by the program/project management agency.

c) Conditions for receiving ODA and concessional loans by the private sector:

d) The organizational capacity of the project owner to implement the program or project must be confirmed by the program/project management agency or the rescheduling agency;

2. For cases of rescheduling ODA and concessional loans: the financial plan of the program or project and the financial capacity of the project owner must be reviewed to comply with current laws and guidelines issued by the Ministry of Finance.

a) Article 10. Domestic Financial Mechanism for Using ODA and Concessional Loans

b) The domestic financial mechanism for using ODA and concessional loans for programs and projects is as follows:nationalState budget allocation: applicable to infrastructure investment programs, social welfare programs, or other sectors without direct capital recovery that fall within the scope of state budget expenditures as stipulated by the State Budget Law.

State budget rescheduling of all or part of the capital applies to the following cases:

Programs and projects capable of recovering all or part of the capital;

1. Programs and projects not falling within the scope of state budget expenditures;

2. Programs and projects managed by provincial People's Committees as entities required to reschedule ODA and concessional loans from the Government.

a) In specific cases, the Government allows provincial People's Committees to reschedule ODA and concessional loans for programs and projects within the scope of local budget expenditures, and the provincial People's Committee is responsible for allocating the local budget to repay the rescheduled loans to the Government. trArticle 11. Bases for Mobilizing ODA and Concessional Loans

b) Mobilizing ODA and concessional loans is based on:

c) National economic and social development strategies, plans, and regional and local plans.

3. Public debt strategy and foreign debt strategy for the period 2011-2020 and vision to 2030.ìProposals guiding the attraction, management, and use of ODA and concessional loans during each period.

Chapter

II

BUILDING AND APPROVING THE LIST OF FINANCIAL ASSISTANCE

National Target Programs and target programs of sectors and localities.

Within ten working days from the date of receipt of the comments from relevant agencies, the lead agency shall work with the Ministry of Planning and Investment and the donor to finalize the program/project outline and consider the decision to approve the funding list.

1. Within five working days from the date of approval of the funding list, the lead agency shall send the Decision approving the funding list along with the program/project outline to the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies for monitoring and consolidation; simultaneously sending the notification of the funding list along with the program/project outline to the donor.

2. If not specified in Clause 1 of this Article.

3. In cases where the lead agency of regional programs/projects has not been determined, the Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to submit to the Prime Minister for consideration and decision on Vietnam's participation and the lead agency of these programs/projects.

4. Non-project aid proposal outline

5. Chapter Program, Strategy, and Direction for Cooperation between Vietnam and Donors.

Article 12. Responsibilities for Mobilizing ODA and Preferential Loans

1. The Ministry of Planning and Investment is the leading agency organizing the mobilization of ODA and preferential loans at the national level, inter-ministerial, and inter-regional levels.

2. Ministries and sectors lead and coordinate with the Ministry of Planning and Investment and related agencies to organize the mobilization of ODA and preferential loans at the sectoral level.

3. Provincial People's Committees lead and coordinateớwith the Ministry of Planning and Investment and related agencies to organize the mobilization of ODA and preferential loans in at the local level.

4. Vietnamese representative offices abroad or representatives of Vietnam at international organizations coordinate with the Ministry of Planning and Investment and the Ministry of Foreign Affairs to conduct the mobilization of ODA and preferential loans in the host country or at that international organization.ANNEX I.A[31] or at that international organization.

Article 13. Building and Approving the List of Aid

1. Based on the mobilization basis for ODA and preferential loans stipulated in Article 11 of this Decree, the Ministry of Planning and Investment leads and coordinates with the Ministry of Finance, relevant agencies, and each donor to build cooperation directions and priority areas for using ODA and preferential loans, and report to the Prime Minister.policies On the basis of cooperation directions and priority areas for using ODA and preferential loans, the capital-raising needs of the managing agencies, and the conditions for providing ODA and preferential loans by donors, the managing agencies send letters requesting aid to the Ministry of Planning and Investment along with proposals for programs and projects.

2. Based on cooperation directions with donors and priority areas for using ODA and preferential loans by the Government, the Ministry of Planning and Investment leads and coordinates with the Ministry of Finance and relevant agencies to select suitable program and project proposals and notify the managing agencies toANNEX I.A[31]develop the outline of programs and projects. Costs for developing the outline of programs and projects are allocated from the budget of the managing agency, the own capital of the project owner (if any), and other lawful sources. For agencies funded from the state budget, the costs for developing the outline of programs and projects are provided from the state budget or supported from non-repayable ODA funds.

For the aid list within the approval authority of the Prime Minister as prescribed in Clause 1, Article 14 of this Decree:development The managing agency sends a letter requesting the Ministry of Planning and Investment to submit the aid list for approval by the Prime Minister, along with the outline of programs and projects and documents,on demonstrating the ability to arrange Oon DA and

3. preferential loan funds from donors;

a) Based on the request letter from the managing agency, within five working days, the Ministry of Planning and Investment sends a letter requesting comments on the outline of programs and projects to the Ministry of Finance and relevant agencies. Within fifteen working days from the date of receipt of the request for comments from the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies send their written comments to the Ministry of Planning and Investment.on Based on the provisions of Article 10 of this Decree, the Ministry of Planning and Investment provides opinions on domestic financial mechanisms applicable to programs and projects using non-repayable ODA funds; the Ministry of Finance provides opinions on domestic financial mechanisms applicable to programs and projects using ODA loans and preferential loans;on Within fifteen working days from the date of receipt of comments from the agencies, the Ministry of Planning and Investment notifies the managing agency to cooperate with the donor to perfect thepoliciesoutline of programs and projects. Based on the perfected outline of programs and projects, the Ministry of Planning and Investment submits the aid list for consideration and approval by the Prime Minister.ồArticle 3. Functions, duties, powers of Management Boards and duties, powers of the Chairperson, Vice Chairperson (if any), Secretary, and Members of Management Boardskio Within five days after receiving the Decision approving the aid list from the Prime Minister, the Ministry of Planning and Investment sends a notification of the aid list along with the outline of programs and projects to the donor.No.For the aid list within the approval authority of the managing agency as prescribed in Clause 2, Article 14 of this Decree:

b) The managing agency sends a letter requesting comments to the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies, along with the outline of programs and projects and documents,

demonstrating the ability to arrange O

c) A non-repayable aid funds from donors;on Within ten working days from the date of receipt of the request for comments, the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies send their written comments to the managing agency.

Based on the provisions of Article 10 of this Decree, the Ministry of Planning and Investment leads and coordinates with the Ministry of Finance to provide opinions on domestic financial mechanisms applicable to proposed programs and projects;on Within ten working days from the date of receipt of comments from the agencies, the managing agency cooperates with the Ministry of Planning and Investment and the donor to perfect the

4. outline of programs and projects and considers the decision to approve the aid list.

a) Within five working days from the date of approval of the aid list, the managing agency sends the Decision approving the aid list along with the outline of programs and projects to the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies for monitoring and overall consolidation; simultaneously sending a notification of the aid list along with the outline of programs and projects to the donor.on Content on sources, structure, and financial mechanism within the country, organizational form for managing and implementing the program/project. Model of the program/project outline as stipulated in Appendix Ia of this Decree.amendNon-project aid proposal is a document briefly describing non-project aid provided in the form of goods, money, or experts. Model of the non-project aid proposal as stipulated in Appendix Ilb of this Decree.DProcurement contracts for goods, construction, and consulting services under packages as specified in Point a of this Clause can only be signed after the specific international agreement on ODA and concessional loans for the program/project becomes effective.

b) Contents and procedures for reviewing program/project documentation:amendFor investment projects, the contents and review procedures shall be carried out in accordance with current laws;

For other programs/projects not specified in Point a of this Clause, the Ministry of Planning and Investment shall be responsible for guiding the contents and review procedures.policies The Ministry of Planning and Investment shall take the lead and coordinate with the Ministry of Finance to provide comments on the domestic financial mechanism applicable to proposed programs and projects.

c) Within ten working days from the date of receipt of the comment documents from relevant agencies, the managing agency shall coordinate with the Ministry of Planning and Investment and the donor to finalize the program/project outline and consider the decision to approve the list of grants.on Within five working days from the date of approval of the grant list, the managing agency shall send the Decision approving the grant list along with the program/project outline to the Ministry of Planning and Investment, the Ministry of Finance, and related agencies for monitoring and consolidation; at the same time, notify the donor of the grant list along with the program/project outline.

Trong thời hạn 05 ngày làm việc kể từ ngày phê duyệt Danh mục tài trợ, cơ quan chủ quản gửi Quyết định phê duyệt Danh mục tài trợ kèm theo Đề cương chương trình dự án cho Bộ Kế hoạch và Đầu tư, Bộ Tài chính và các cơ quan có liên quan để theo dõi và tổng hợp chung; đồng thời gửi văn bản thông báo Danh mục tài trợ kèm theo Đề cương chương trình, dự án tới nhà tài trợ.

Article 14. Authority to Approve the List of Aid Programs

1. The Prime Minister shall approve the List of Aid Programs for the following cases:

a) Programs and projects using ODA loans and preferential loans; non-project aid using ODA loans;

b) Programs and projects with policy frameworks; programs and projects in the fields of security, defense, and religion;

c) ODA grants without repayment having a funding scale equivalent to or exceeding one million US dollars;

d) Technical assistance for preparing programs and projects using ODA loans and preferential loans;

d) Aid for purchasing goods under state management.

2. The managing agency shall approve the List of Aid Programs for cases not specified in Clause 1 of this Article.nationalNot specified in Clause 1 of this Article.

Article 15. Participation in Regional Programs and Projects

1. The managing agency shall submit a document to the Ministry of Planning and Investment along with program and project documents, clearly stating the rights and obligations when participating. The Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to submit to the Prime Minister for consideration and decision on Vietnam's participation.onIn cases where the managing agency of regional programs and projects has not been determined, the Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to submit to the Prime Minister for consideration and decision on Vietnam's participation and the managing agency of these programs and projects.

2. In cases where the managing agency of regional programs and projects has not been determined, the Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to submit to the Prime Minister for consideration and decision on Vietnam's participation and the managing agency of these programs and projects.nationalp với các cơ quan liên quan trình Thủ tướng Chính phủ xem xét, quyết định việc Việt Nam tham gia và cơ quan chủ quản của các chương trình, dự án này.

Article 16. Outline of Programs and Projects and Non-Project Aid Proposal

on Framework for non-project aid

1. The outline of programs and projects is a document briefly describing the context, necessity, objectives, contents, results, main activities, estimated costs, sources and structure of funds, recommendations for domestic financial mechanisms, and the organizational form for implementing the programs and projects. A model of the outline of programs and projects is provided in Appendix Ia of this Decree., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPincluding sources and structure of funds, proposals for domestic financial mechanisms, forms of organization and management implementation of the program/project. Model of the program/project framework as stipulated in Appendix Ia of this Decree.FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSu Đon cương chương trình, dự án nêu tại Phụ lục IIa của Nghị định này.

2. The outline of non-project aid is a document briefly describing non-project aid not tied to specific projects, provided in the form of goods, money, or experts. A model of the outline of non-project aid is provided in Appendix Ilb of this Decree.ANNEX I.A[31] Non-project aid is a general description of aid not tied to specific projects, provided in the form of goods, money, or experts. The model of the non-project aid framework is as stated in Appendix Ilb of this Decree.

Article 17. Activities to be Implemented Prior to Requirements

In case of necessity and with the consent of the Governor or Deputy Governor in charge, the main drafting unit may set a shorter opinion solicitation period than that mentioned above, but it must be at least three working days. Units whose opinions are sought are responsible for replying according to the deadline stated in the document requesting opinions.nationalBased on necessary requirements and in agreement with the donor, the managing agency proposes activities to be implemented during the preparation phase of programs and projects, including:

1. Activities that can be carried out after the outline of programs and projects is approved by the competent authority:

a) Establishing the Project Management Board;

b) Developing and submitting for approval by the competent authority the Resettlement Policy Framework during the review and approval of program and project documents;

c) Preparing bidding plans, bidding documents, and tender invitation documents.

2. Activities that can be carried out from the time the program and project documents are approved by the competent authority until the specific international agreement on ODA and preferential loans for the program and project comes into effect, including:

a) Approving bidding plans, tender invitation documents, organizing bids, and approving bid results, negotiating contracts for procurement packages of goods and construction works for activities to be implemented in the first 12 months of the program and project and some consultancy packages (project management consultancy, technical design consultancy, supervision consultancy, resettlement consultancy); trProcurement contracts for goods, construction works, and consultancy services of the procurement packages specified in Point a of this Clause may only be signed after the specific international agreement on ODA and preferential loans for the program and project comes into effect.

b) Contracts for procurement of goods, construction works, and consultancy services under packages as specified in Point a of this Clause may only be signed after the specific international agreement regarding ODA and concessional loans of the program/project becomes effective.

Article 18. Contents of the Decision Approving the List of Aid

The Decision approving the List of Aid of the competent authority shall include the following main contents:

1. Name of the program/project and the sponsor, co-sponsor.

2. Name of the managing agency, project owner.

3. Objectives and key results of the program/project.

4. Maximum implementation time for the program/project.

5. Budget limit of the program/project (ODA grant, ODA loan, preferential loan, and counterpart funds).

6. Sources and domestic financial mechanisms for the program/project.

7. Activities to be implemented beforehand (if any).

Article 19. Amending and Supplementing the Contents of the Decision Approving the List of Aid

national

During the appraisal, implementation, and execution process, if the program/project has content changes compared to the Decision approving the List of Aid of the competent authority (except for the content stipulated in Clause 7 of Article 18 of this Decree):

1. For the List of Aid within the approval authority of the Prime Minister: based on consensus with the sponsor and on the basis of the proposal of the managing agency, the Ministry of Planning and Investment shall seek opinions from the Ministry of Finance and relevant agencies, and submit to the Prime Minister for consideration and determination of the changed contents.policiesof the contents., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPChanged.

2. For the List of Aid within the approval authority of the managing agency: based on consensus with the sponsor, the managing agency shall seek opinions from the Ministry of Planning and Investment, the Ministry of Finance, and relevant agencies before considering and approving the changed contents.

In case amending and supplementing the program/project content leads to exceeding the approval authority of the List of Aid, the managing agency shall implement according to the provisions of Clause 1 of this Article.

Chapter

III

PREPARATION, REVIEW, AND APPROVAL OF PROGRAM/PROJECT DOCUMENTATION

Article 20. Tasks of the Managing Agency in Preparing, Appraising, and Approving Program/Project Documents

After receiving the Decision approving the List of Aid and the commitment document of the sponsor, the managing agency shall have the following tasks:

1. Issuing decisions regarding the project owner.

2. Directing the project owner to perform assigned tasks as prescribed in Article 21 of this Decree.

3. Allocating resources lfor preparation of the program/project according to its authority.

4. Organizing the appraisal and approval of program/project documents within the authority stipulated in Clause 2 of Article 24; Articles 25, 26, and 27 of this Decree.amendDocuments.

Article 21. Tasks of the Project Owner in Preparing, Appraising, and Approving Program/Project Documents

The project owner shall have the task of coordinating with the sponsor in preparing and establishing program/project documents as prescribed in Articles 22 and 23 of this Decree and completing the dossier to carry out procedures for appraising and approving program/project documents as prescribed in Articles 25, 26, and 27 of this Decree.rime Minister cAppraisal and approval.

Article 22. Contents of Program/Project Documents

1. Program/project documents shall be developed based on the contents of the program/project outline included in the approved List of Aid by the competent authority.

2. Briefly describe technical improvements, production processes, raw materials, designs; new technology applications such as automation, digitalization, clean technology; management, marketing, distribution solutions; products winning awards or certifications related to innovation…):…FUNCTIONS, DUTIES, POWERS, ORGANIZATIONAL STRUCTURE, OPERATIONAL REGULATIONS, AND RELATIONSHIPS OF MANAGEMENT BOARDS; DUTIES, POWERS OF THE CHAIRPERSON, VICE CHAIRPERSON (IF ANY), SECRETARY, AND MEMBERS OF MANAGEMENT BOARDSThese documents include the project investment document (Feasibility Study Report) as specified in Appendix Illa, technical assistance project document as specified in Appendix Illb, program document as specified in Appendix IIIc, and environmental program/project document as specified in Appendix Illd of this Decree.

In cases where program/project documents are developed based on the sponsor's template, the contents mentioned trmust be taken into account by the project owner during the coordination with the sponsor in developing these documents, ensuring harmonization between Vietnam and the sponsor.a Procedures and processes.

Article 23. Program and Project Preparation Capital

1. The List of Grants serves as the basis for planning and allocating program and project preparation capital. VProgram and project preparation capital includes the following items:

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

b) Costs for drafting and finalizing program and project documentation, including consultancy fees and translation costs;

c) Costs for reviewing program and project documentation;amendCosts for training and enhancing the capacity of key staff involved in program and project management;

d) d) Costs for activities carried out prior to the approval of the List of Grants by the competent authority.

For programs and projects funded from the state budget: the project proponent shall prepare a plan for program and project preparation capital to be included in the annual consolidated budget plan of the supervising agency. The approval and allocation process for program and project preparation capital shall comply with the laws on the state budget.

2. In cases where the timing of the preparation capital plan does not coincide with the annual budget planning period, the supervising agency shall balance within the total allocated program and project preparation capital; if unable to self-balance this source of funds, the supervising agency shall submit a document to the Ministry of Planning and Investment and the Ministry of Finance requesting consideration and decision on supplementary budget funding.

For programs and projects that are fully or partially refinanced by the state budget and partially funded: the project proponent shall allocate the preparation capital for the program and project themselves. If unable to balance this source of funds, the project proponent shall submit to the supervising agency for consideration and resolution within their authority. trIn cases where the sponsor supports capital for preparing the program and project, the project proponent has the responsibility to report to the supervising agency for review and approval according to current regulations and inclusion in the annual plan for program and project preparation capital of the supervising agency.

3. Article 24. Approval Authority for Program and Project Documentation

4. The approval authority for program and project documentation (investment decision-making authority for investment projects) is stipulated as follows:development The Prime Minister approves:

National-level program and project documentation;

Documentation accompanying policy frameworks; programs and projects in the fields of security, defense, and religion.

1. The head of the supervising agency approves program and project documentation for cases not specified in Clause 1 of this Article.

a) Article 25. Review of Program and Project Documentation

b) For program and project documentation under the approval authority of the Prime Minister: trNational-level important programs and projects: the review process shall be conducted according to current regulations on national-level important programs and projects;

2. Programs accompanying policy frameworks; programs and projects in the fields of security, defense, and religion: the supervising agency is responsible for organizing the review of program and project documentation and submitting it to the Prime Minister for examination and approval.

Independence - freedom - happiness

ANNEX I.A[31]For program and project documentation under the approval authority of the head of the supervising agency: the supervising agency is responsible for organizing the review and approving program and project documentation.ANNEX I.A[31]Contents and procedures for reviewing program and project documentation:

1. For investment projects, the contents and procedures for review shall be implemented according to current laws;

a) For other programs and projects not specified in Point a of this Clause, the Ministry of Planning and Investment is responsible for guiding the contents and procedures for review;

b) For programs and projects refinancing ODA and preferential loans, the financial plan assessment of the program and project and the financial capacity of the project proponent shall be carried out according to the provisions of the Public Debt Management Law, related regulatory documents, and guidelines of the Ministry of Finance.

2. During the review process, the lead reviewing agency must seek opinions from relevant agencies, consider the review procedures and timelines of the sponsor to ensure necessary coordination and harmony, examine agreed-upon contents with the sponsor, and take into account the review opinions of the sponsor or its representative. Consensus opinions or differing opinions among parties must be reflected in the review report.ớThe lead reviewing agency is responsible for the results of the review of program and project documentation; participating agencies are responsible for the contents of program and project documentation related to their functions and duties as prescribed by law.

3. Content and process of reviewing program/project documents:

a) For investment projects, the content and review process shall be carried out in accordance with current laws;

b) For other programs/projects not specified in Point a of this Clause, the Ministry of Planning and Investment shall be responsible for guiding the content and review process;

c) For programs and projects refinancing ODA funds and concessional loans, the financial plan assessment of the program and project and the financial capacity of the project owner shall be conducted in accordance with the Law on Public Debt Management, relevant regulatory legal documents, and guidelines issued by the Ministry of Finance.

4. During the assessment process, the lead agency responsible for the assessment must seek opinions from related agencies, examine the procedures, processes, and progress of the sponsor's assessment to ensure necessary coordination and harmony, review the contents agreed upon with the sponsor, and consider the assessment opinions of the sponsor or its representative. Consensus opinions or differing opinions among parties must be reflected in the assessment report.nationalEnsuring coordination and necessary harmonization, considering the contents agreed upon with the donor, and the review opinions of the donor or its representative. Consensus opinions or differing opinions between parties must be reflected in the review report.rime Minister cm định của nhà tài trợ hoặc đại diện của nhà tài trợ. Ý kiến đồng thuận hoặc ý kiến khác nhau giữa các bên phải được phản ánh trong báo cáo thẩm định.

5. The lead agency responsible for the assessment bears responsibility for the results of assessing the program and project documentation; participating agencies bear responsibility for the content of the program and project documentation related to their functions and tasks as prescribed by law.

Article 26. Documents for Reviewing Official Program and Project Documents

ANNEX I.A[31]Contents and procedures for reviewing program and project documentation:

The application for reviewing official program and project documents shall include:

1. A proposal requesting the review of official program and project documents from the managing agency (for official program and project documents within the Prime Minister's approval authority) or from the project proponent (for official program and project documents within the managing agency's approval authority).amendDecision approving the List of Sponsors at the appropriate level.

2. Official program and project documents.rime Minister chaving such authority.

3. In cases where programs and projects fall under the category of rescheduling loans, the project proponent must submit financial capability proof documents, repayment plans, and other documents as directed by the Ministry of Finance.

4. Written opinions of the Ministry of Planning and Investment, the Ministry of Finance, relevant agencies, and sponsors (if applicable) during the preparation of official program and project documents.

5. Foreign language documents must be accompanied by Vietnamese translations.

6. Article 27. Time Limit for Reviewing and Approving Official Program and Project Documents

The time limit for reviewing official program and project documents starts from the date when all valid documents are received:

itself This Circular takes effect from August 1, 2022./.

1. For national key programs and projects: not exceeding 90 working days;

a) Independence - freedom - happinessNo.For Group A investment projects: not exceeding 40 working days;

b) For Group B investment projects: not exceeding 30 working days;

c) For Group C investment projects

d) and other programs and projects: not exceeding 20 working days. C Within 10 working days from the date of receiving the review report from the assigned reviewing agency,

2. the competent authority shall consider and decide to approve the official program and project documents.N ||| declaration of customs import procedures. Within 5 working days from the date the official program

3. and project documents are approved by the competent authority, the managing agency shall notify the sponsor and the project proponent of the approval results, and simultaneously send copies (originals or certified copies) of the officially approved documents with the managing agency's stamp affixed to the Ministry of Planning and Investment,This Resolution takes effect from the date it is adopted by the National Assembly.the Ministry of Finance, and relevant agencies as stipulated by the approval regulations. trSIGNING INTERNATIONAL AGREEMENTS ON ODA AND FAVORABLE LOANSầArticle 28. Basis for Proposing and Signing International Agreements on ODA and Favorable LoanspoliciesThe basis for proposing to sign international framework agreements on ODA and favorable loans is the outcome of advocacy, strategy, and cooperation policies in priority areas of ODA and favorable loans that have been agreed upon between Vietnam and sponsors.No.The basis for proposing to sign specific international agreements on ODA and favorable loans is the official program and project documents that have been approved by the competent authority.

Chapter

IV

SIGNING INTERNATIONAL AGREEMENTS ON ODA AND FAVORABLE LOANS

Article 29. Tasks and Authorities of the Prime Minister Regarding the Signing of International Agreements on ODA and Favorable Loans

ANNEX I.A[31]

1. The Prime Minister, representing the Government, performs the following tasks and authorities:policiesReporting to the President before negotiating and signing international agreements on behalf of the State and international agreements on behalf of the Government regarding ODA and favorable loans that require ratification.developmentDeciding to initiate negotiations and sign international agreements on ODA and favorable loans on behalf of the State and the Government.

2. Approving international agreements on ODA and favorable loans signed on behalf of the Government.

3. Submitting international agreements on ODA and favorable loans signed on behalf of the State and international agreements signed on behalf of the Government that require ratification to the President for examination and ratification.

Article 29. Tasks and Authorities of the Prime Minister Regarding the Signing of International Agreements on ODA and Favorable Loans

The Prime Minister, representing the Government, performs the following tasks and authorities:

1. Reporting to the President before negotiating and signing international agreements on behalf of the State and international agreements on behalf of the Government regarding ODA and favorable loans that require ratification.y Deciding to initiate negotiations and sign international agreements on ODA and favorable loans on behalf of the State and the Government.

2. Approving international agreements on ODA and favorable loans signed on behalf of the Government.

3. Submitting international agreements on ODA and favorable loans signed on behalf of the State and international agreements signed on behalf of the Government that require ratification to the President for examination and ratification.

4. Submit to the President for consideration and approval international treaties on ODA and concessional loans in cases where such treaties are signed on behalf of the State and international treaties signed on behalf of the Government that require approval.onInternational agreementsNo.N ||| declaration of customs import procedures.policies concluded on behalf of the Government that require ratification.on Within five days after receiving the Decision approving the aid list from the Prime Minister, the Ministry of Planning and Investment sends a notification of the aid list along with the outline of programs and projects to the donor.No.n vay ưu đãi có quy định phải phê chuẩn.

Article 30. Agencies proposing to sign international treaties on ODA and concessional loans

1. The Supreme People's Court, the Supreme People's Procuracy, Ministries, ministerial-level agencies, and agencies under the Government are agencies proposing to submit to the Prime Minister for signing specific international treaties on ODA grants for programs and projects under their own agencies, except as provided for in Clause 3 of this Article.

2. The Ministry of Finance is the agency proposing to submit to the Prime Minister for signing specific international treaties on ODA loans and concessional loans, except for ODA loans and concessional loans as specified in Clause 3 of this Article.

3. The State Bank of Vietnam is the agency proposing to submit to the Prime Minister for signing specific international treaties on ODA and concessional loans with the World Bank, the Asian Development Bank, the International Monetary Fund, and other international financial and monetary organizations represented by the State Bank of Vietnam.

4. The Ministry of Planning and Investment is the agency proposing to submit to the Prime Minister for signing international treaties on ODA and concessional loans in the following cases:

a) Framework international treaties on ODA and concessional loans;

b) Specific international treaties on ODA grants for programs and projects of agencies not specified in Clause 1 of this Article, except for ODA grants from the World Bank, the Asian Development Bank,onthe International Monetary Fund, and other international financial and monetary organizations specified in Clause 3 of this Article.developmentAsia, the International Monetary Fund, and other international financial and monetary organizations specified in Clause 3 of this Article. Á, the International Monetary Fund, and other international financial organizations as stipulated in Clause 3 of this Article.

Article 31. Procedures and formalities for signing international treaties on ODA and concessional loans

1. The proposing agency shall seek opinions from relevant agencies, the verification opinion of the Ministry of Foreign Affairs, and the review opinion of the Ministry of Justice, consolidate and submit to the Prime Minister for consideration and decision on negotiations and signing of ODA and concessional loans., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPThe Prime Minister reports to the President and decides on negotiations and signing of international treaties on ODA and concessional loans on behalf of the State, and international treaties on behalf of the Government that require approval.onInternational agreementsNo.N ||| declaration of customs import procedures.policies BB 1.1on The agency entrusted by the Prime Minister to lead negotiations conducts negotiations with the donor regarding the draft international treaty on ODA and concessional loans.

2. Based on negotiation results consistent with the content of the draft international treaty on ODA and concessional loans approved and authorized by the Prime Minister, the person authorized by the Prime Minister signs the international treaty with the representative of the donor. internationally In case the negotiation results differ from the content of the draft international treaty on ODA and concessional loans approved by the Prime Minister, the proposing agency seeks opinions from relevant agencies and submits to the Prime Minister for decision on signing the international treaty.rime Minister cn.

3. For international treaties that must be approved or ratified after signing, the proposing agency seeks opinions from relevant agencies and submits to the Prime Minister for the Prime Minister to approve or submit to the President for ratification.

4. Procedures and formalities for authorizing negotiations and signing specific international treaties on ODA and concessional loans with the same donornationalBased on consolidating opinions from relevant agencies and the donor, the proposing agency submits to the Prime Minister for authorization of one or more representatives to negotiate and sign specific international treaties on ODA and concessional loans with the same donor. The dossier submitted to the Prime Minister includes the following documents:

A proposal from the proposing agency to the Prime Minister for authorization of one or more representatives to negotiate and sign specific international treaties on ODA and concessional loans with the same donor.policies A copy of the signed international treaty on ODA and concessional loans with the same donor, or a sample draft of the international treaty on ODA and concessional loans with the same donor including main contents and options for specific issues (if any).of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsWritten opinions of the Ministry of Foreign Affairs, the Ministry of Justice, other relevant agencies, and the donor.

5. Based on the Prime Minister's decision, the Ministry of Foreign Affairs proceeds with diplomatic procedures for issuing the Negotiation and Signing Authorization Letter for international treaties on ODA and concessional loans with the same donor.

Article 32

. Procedures and formalities for delegating negotiations and signing specific international treaties on ODA and concessional loans with the same sponsor.ớWith the same donor

1. Based on the consolidation of opinions from related agencies and sponsors, the proposing agency submits to the Prime Minister for authorization to delegate one or more representatives to negotiate and sign specific international treaties on ODA and concessional loans with the same sponsor. The documents submitted to the Prime Minister include the following:

a) A proposal from the proposing agency to the Prime Minister regarding the delegation of one or more representatives to negotiate and sign specific international treaties on ODA and concessional loans with the same sponsor.national;

b) A copy of the international treaty on ODA and concessional loans already signed with the same sponsor, or a draft model of the international treaty on ODA and concessional loans with the same sponsor including key contents and options for specific issues (if any).

c) Written opinions of the Ministry of Foreign Affairs, the Ministry of Justice, and other related agencies and sponsors.

2. Based on the Prime Minister's decision, the Ministry of Foreign Affairs will proceed with diplomatic procedures to issue the Delegation of Authority for Negotiation and Signing of International Treaties on ODA and Concessional Loans with the same sponsor.

Article 33. Documents to be submitted to the Prime Minister for negotiation, signing, and approval of international agreements on ODA and preferential loans

1. The documents submitted by the proposing agency to the Prime Minister for negotiation and signing of international agreements on ODA and preferential loans include the following:

a) A proposal from the proposing agency for the Prime Minister's consideration and decision on negotiating and signing international agreements on ODA and preferential loans;

b) For program and project documentation under the approval authority of the Prime Minister: trProject plans attached with the approval decision of the competent authority;

c) Draft of the international agreement, accompanied by a Vietnamese translation where the international agreement is only signed in a foreign language;nationalWritten opinions of relevant agencies, the verification opinion of the Ministry of Foreign Affairs, and the appraisal opinion of the Ministry of Justice on the draft of the international agreement.

d) Written opinions of related agencies, inspection opinions of the Ministry of Foreign Affairs, and the Ministry of Justice's assessment opinions on the draft international treaty.

2. The documents submitted BB 1.6by the proposing agency trto the Prime Minister for approval of international agreements on ODA and preferential loans already signed in the name of the Government include the following:

a) A proposal from the proposing agency requesting the Prime Minister's consideration and approval of international agreements on ODA and preferential loans already signed in the name of the Government with the donor;h A copy of the international agreement, accompanied by a Vietnamese translation where the international agreement is only signed in a foreign language;

b) Written opinions of relevant agencies;

c) A proposed implementation plan where the signed international agreement does not provide for such content.

d) Article 34. Documents to be submitted to the Prime Minister for consideration and submission to the State President for ratification of international agreements on ODA and preferential loans

A proposal from the proposing agency requesting the Prime Minister's consideration and submission to the State President for ratification of international agreements on ODA and preferential loans already signed with the donor.

1. A draft proposal from the Prime Minister to the State President for ratification of the international agreement.

2. A copy of the international agreement, accompanied by a Vietnamese translation where the international agreement is only signed in a foreign language.

3. Written opinions of relevant agencies.

4. Article 35. Amendment, supplementation, and extension of international agreements on ODA and preferential loans

5. Article 34. Documents to be submitted to the Prime Minister for consideration and submission to the State President for ratification of international agreements on ODA and preferential loans

For amendments, supplements, and extensions of international agreements on ODA and preferential loans after signing, they must be ratified according to the provisions of the Law on Signing, Joining, and Implementing International Agreements and the Law on Public Debt Management.

, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPModification, supplementation, extension of international treaties on ODA and concessional loans

1. For amendments, supplements, and extensions of international agreements on ODA and preferential loans in the name of the Government that do not fall under the provisions of Clause 1 of this Article,No.In cases where a new international agreement needs to be signed in the name of the Government: the proposing agency shall submit to the Prime Minister for consideration and decision according to the procedures and formalities stipulated in Article 31 of this Decree;Average loan repayment period is 10 years;In cases where it is done through exchange of letters or diplomatic notes with the donor:

2. For amendments, supplements, and extensions of international agreements on ODA and preferential loans in the name of the Government that increase the Government's foreign debt obligations (such as interest rates, loan terms, loan amounts, fees) or change other commitments of the Government compared to before, the proposing agency shall seek written opinions of the Ministry of Planning and Investment, the Ministry of Foreign Affairs, the Ministry of Justice, and other relevant agencies for consolidation and submission to the Prime Minister for consideration and decision.;

a) For amendments and supplements that do not increase the Government's foreign debt obligations (such as interest rates, loan terms, loan amounts, fees) or do not change other commitments of the Government compared to before, the proposing agency shall decide on the amendments and supplements based on the written opinions of the Ministry of Planning and Investment,

b) the Ministry of Foreign Affairs, the Ministry of Justice, and other relevant agencies. The proposing agency is responsible for reporting to the Prime Minister about its decision. In cases where there are differing opinions among the agencies, the proposing agency shall submit to the Prime Minister for decision.

The proposing agency shall notify the donor, the Ministry of Planning and Investment, the Ministry of Foreign Affairs, and other relevant agencies about the amendment, supplement, and extension of international agreements on ODA and preferential loans. In cases requiring notification through a diplomatic note of the Ministry of Foreign Affairs, the proposing agency shall coordinate with the Ministry of Foreign Affairs to complete the external notification procedures regarding these amendments, supplements, and extensions..

In cases of modification or supplementation that do not increase the foreign debt repayment obligations of the Government (such as interest rates, loan terms, loan amounts, fees) or do not change other commitments of the Government compared to before, the proposing agency decides on the basis of written opinions of the Ministry of Planning and Investment. intention The Ministry of Foreign Affairs, the Ministry of Justice, and other related agencies. The proposing agency is responsible for reporting to the Prime Minister about its decision. If there are differing opinions among agencies, the proposing agency will submit to the Prime Minister for a decision., The proposing agency informs the sponsor, the Ministry of Planning and Investment, the Ministry of Foreign Affairs, and other related agencies about the modification, supplementation, or extension of international treaties on ODA and concessional loans. In cases requiring notification through diplomatic notes, the proposing agency will coordinate with the Ministry of Foreign Affairs to complete the diplomatic notification procedures.June 2024;if there are differences, the proposing agency shall submit to the Prime Minister for decision.

c) The proposing agency shall notify the donor, the Ministry of Planning and Investment, the Ministry of Foreign Affairs, and other related agencies about the amendment, supplementation, extension of international agreements on ODA and concessional loans. If notification through diplomatic notes from the Ministry of Foreign Affairs is required, the proposing agency shall cooperate with the Ministry of Foreign Affairs to complete the external notification procedures for such amendments, supplements, and extensions.logong công hàm của Bộ Ngoại giao, cơ quan đề xuất phối hợp với Bộ Ngoại giao để Bộ Ngoại giao hoàn thành thủ tục thông báo đối ngoại về việc sửa đổi, bổ sung, gia hạn này.

Chapter

V

MANAGEMENT OF PROGRAMS AND PROJECTS

Article 36. Forms of management for programs and projects

ứManagement forms for programs and projects

The managing agency decides to choose one of the following program and project management forms:

1. The managing agency, acting as the project owner, directly manages the program and project.

2. The project owner directly manages the program and project.

3. The project owner hires a consulting organization to manage the program and project., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Management consulting organization for the program and project.

Article 37. Duties and powers of the managing agency in managing the implementation of programs and projects

1. Decide on the organizational structure for managing the implementation of the program and project.

2. Approve the overall implementation plan for the program and project; summarize and approve the annual capital allocation plan for the program and project.nationalSummarize and approve the annual capital allocation plan for the program and project.

3. Implement bidding procedures in accordance with current laws on bidding.

4. Organize supervision and evaluation of the implementation status, ensuring that the program and project are implemented according to schedule, quality, and achieve set objectives.ìStatus of implementation, ensuring that the program and project are implemented according to schedule, quality, and achieve set objectives.

5. Be responsible for losses, waste, corruption, and other violations in the management and use of ODA funds and preferential loans under its jurisdiction. lImplement other tasks and powers as stipulated by law and international agreements on ODA and preferential loans regarding programs and projects.

6. Implement other tasks and powers as stipulated by law and international agreements on ODA and preferential loans regarding programs and projects.

Article 38. Duties and powers of the project owner in managing the implementation of programs and projects

1. Establish the management and implementation structure for the program and project based on the decision of the managing agency.

2. Be responsible for effectively managing and using the financial resources supporting the program and project from preparation, implementation to operation and utilization. trProgram and project from preparation, implementation to operation and utilization.

3. Draft and submit to the managing agency for approval the overall implementation plan for the program and project; Approve the annual implementation plan for the program and project to serve as the basis for the managing agency's annual capital allocation plan approval.ìProgram and project; Approve the annual implementation plan for the program and project to serve as the basis for the managing agency's annual capital allocation plan approval.

For cases where the program and project borrow ODA funds and preferential loans from the government, and counterpart funds arranged by the project owner, the project owner is responsible for establishing and approving the annual capital plan.

4. Develop quarterly activity plans to serve operational management, supervision, and evaluation of the program and project.

5. Appraise; approve technical design, total budget estimate, and itemized budget estimates (for construction investment projects).

6. Implement bidding procedures in accordance with current laws on bidding.

7. Negotiate, sign, supervise the implementation of contracts, and handle contract breaches.

8. Coordinate with local authorities to organize compensation, support, and resettlement work in accordance with specific laws and international agreements on ODA and preferential loans regarding the program and project (for construction investment projects).

9. Supervise and evaluate the program and project to ensure they are implemented according to schedule, quality, and achieve set objectives. programEnsure the program and project are implemented according to schedule, quality, and achieve set objectives.

10. Be responsible for losses, waste, corruption, and other violations within their authority in organizing the management and implementation of the program and project causing economic, social, environmental damage, affecting the overall goals and effectiveness of the program and project.

11. For programs and projects applying the loan rescheduling mechanism, the project owner is responsible for fully and timely repaying the rescheduled loan according to agreed rescheduling conditions.

12. Other duties and powers as stipulated by law and specific international agreements on ODA and preferential loans regarding programs and projects.

Article 39. Establishment of Project Management Board

1. In cases where the project owner directly manages programs and projects as stipulated in Clauses 1 and 2 of Article 36 of this Decree, within thirty working days from the date when the program or project is approved by the competent authority, the project owner shall issue a decision to establish the Project Management Board.

2. The establishment of the Project Management Board must consider the possibility of utilizing professional Project Management Boards or existing Project Management Boards of the project owner to reduce management costs and utilize the capabilities and experience of project management staff.development reduce management costs and utilize the experience of project management staff.

3. Independence - freedom - happinessNo.In accordance with previous activities related to the establishment of the Project Management Board: implement according to Clause 1 of Article 17 of this Decree.

4. Within fifteen working days from the date of the decision to establish the Project Management Board, the project owner shall promulgate the Charter on the organization and operation of the Project Management Board. In cases where international agreements on ODA and preferential loans regarding programs and projects signed with sponsors specify the organizational structure, tasks, and authorities of the Project Management Board, these provisions must be detailed and fully reflected in the Charter on the organization and operation of the Project Management Board.nationalIf an international treaty on ODA and concessional loans concerning a program or project signed with the sponsor specifies the organizational structure of the project management board, its duties, and powers, these provisions must be detailed and fully reflected in the Regulation on the Organization and Operation of the Project Management Board.

Article 40. Tasks and Authorities of the Project Management Board

1. The tasks and authorities of the Project Management Board are determined by the project owner based on the decision to establish the Project Management Board.ANNEX I.A[31]based on the decision to establish the Project Management Board.

The project owner may delegate to the Project Management Board the authority to decide or sign documents within their own jurisdiction during the management process. Such delegation must be specified in the Decision to Establish the Project Management Board or in specific delegation documents issued by the project owner.ìmanagement implements. This delegation must be stipulated in the Decision to Establish the Project Management Board or in specific delegation documents of the project owner.

2. The Project Management Board may be assigned the task of managing multiple programs and projects, but such assignments must be approved by the project owner and ensure the principle that each program or project is not interrupted, managed, and settled in accordance with current legal regulations. In cases where there are insufficient conditions to perform certain management and supervision tasks, the Project Management Board may hire consultants to carry out these tasks with the approval of the project owner.

3. Project Management Boardn lThe Project Management Board has specific tasks including:development 2.1. Specific verification of the location, boundaries, and area of the project;

a) Supporting the project owner in preparing and implementing overall plans and annual detailed plans for programs and projects;

b) Supporting the project owner in preparatory work and implementation of programs and projects;

c) Supporting the project owner in tendering activities and contract management;ầSupporting the project owner in disbursement, financial management, and asset management of programs and projects;ồ;

d) e) Conducting monitoring and evaluation of the implementation status of programs and projects;

Preparing for the project owner to inspect and hand over the outputs of programs and projects upon completion; completing settlement work, handing over assets of the program and project; preparing final reports and settlement reports of the program and project;

e) Performing other tasks within the scope of the program and project assigned by the project owner.developmentaccounting, asset transfer of the program trtermination, project; prepare final reports and settlement reportspoliciesof the program, project;

g) Perform other tasks within the framework of the program and project as assigned by the project owner.

Article 41. Hiring Consultants for Project Management

1. In cases where the project owner hires consultants to manage programs and projects as stipulated in Clause 3 of Article 36 of this Decree, such consulting organizations must have the necessary conditions and organizational management capacity appropriate to the scale and nature of the programs and projects. The responsibilities and authorities of the project management consultant are implemented based on the consultancy hiring contract. The project management consultant hired can organize individuals to participate in management, but such participation must be approved by the project owner and consistent with the consultancy hiring contract already signed., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP The consulting organization must have the necessary conditions and organizational management capabilities appropriate to the scale and nature of the program and project. Responsibilities and authorities of the consulting organization are defined in the consultancy contract.concerning the classification and determination of state management authority in the field of crop production The project owner is responsible for selecting and signing contracts with consulting organizations that have the necessary conditions and organizational management capacity to assist the project owner in managing the project. When applying the consultancy hiring method for project management, the project owner still needs to use specialized units under their own system or designate a focal point to monitor and supervise the implementation of the consultancy management project contract.ANNEX I.A[31] Existing consultancy contracts.

2. Consulting organizations for project management have the responsibility to perform tasks and commitments according to the contract signed with the project owner and comply with current relevant legal regulations.

3. The project management consulting organization has the responsibility to perform tasks and commitments according to the contract signed with the project owner and comply with current laws and regulations related to it.

Article 42. Cases where the Project Management Board shall not be established

The project sponsor does not need to establish lthe Project Management Board but uses its own specialized staff to manage and operate the program or project, or hires professionals with experience to assist in managing and implementing the program or project in the following cases:

1. Programs and projects for technical assistance using non-repayable ODA funds with a total capital (including counterpart funds) under 200,000 US dollars.

2. Investment programs and projects using non-repayable ODA funds with a total investment amount (including counterpart funds) under 350,000 US dollars.toRegional programs and projects, sectoral programs, budget support, and non-project aid.

3. Article 43. Counterpart funds for preparing and implementing programs and projects

Programs and projects must ensure sufficient counterpart funds for preparing and implementing the programs and projects (including activities carried out beforehand, if any). Sources, levels, and mechanisms of counterpart funds must be consistent with the contents stated in the program and project documents approved by competent authorities.

ANNEX I.A[31]Counterpart funds for preparing and implementing programs and projects may include the following items:

1. Operating costs for the Program and Project Management Board (salaries, bonuses, allowances, office space, working equipment, administrative expenses);

2. Costs related to the tender selection process;

a) Costs for conferences, seminars, training, and professional management and implementation workshops;

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

c) d) Costs for receiving and disseminating international technology, experience, and skills;

d) Costs for promoting and advertising the program and project and community activities;ìPayment of taxes, customs duties, insurance premiums according to current regulations;

Interest payments, deposits, commitments, and other fees payable to foreign parties;

e) Costs for receiving equipment and domestic transportation (if any);

g) k) Audit costs;

h)||| l) Costs for some basic program and project activities (surveying, technical design, construction; compensation, land clearance, and resettlement; construction of certain project components, procurement of certain equipment);

i) m) Costs for monitoring and evaluation; quality supervision, inspection, acceptance, handover, and settlement of programs and projects;

n) Contingency costs and other reasonable costs.

lFor programs and projects funded from the state budget: the supervising agency is responsible for balancing counterpart funds within the annual budget estimate of the supervising agency in accordance with current laws and clearly defining them according to the construction investment fund and administrative and public service fund corresponding to the expenditure content of the program and project; ensuring adequate, timely, and appropriate counterpart funds in line with the progress stipulated in the program and project documents approved by competent authorities, in compliance with state budget laws and international agreements on ODA and concessional loans.

For programs and projects refinanced from the state budget and programs and projects partially funded and partially refinanced: the project sponsor must arrange counterpart funds themselves or submit to the supervising agency for a decision to ensure sufficient counterpart funds for the program and project before signing the loan agreement.

For programs and projects funded from the state budget with approval or signing dates that do not coincide with the annual budget planning period and have not been allocated counterpart funds: the supervising agency must issue a document requesting the Ministry of Planning and Investment and the Ministry of Finance to handle it within their authority or submit to competent authorities for supplementary inclusion in the annual budget plan.

3. In cases where the timing of the counterpart fund preparation plan for implementing programs and projects does not coincide with the annual budget planning period, the supervising agency balances within the total allocated capital. If unable to balance itself, the supervising agency issues a document sent to the Ministry of Planning and Investment and the Ministry of Finance requesting consideration and decision on temporary funding, which will then be deducted from the next year's plan. trIn cases where counterpart funds allocated annually from the central budget for programs and projects are not fully utilized, the supervising agency can reallocate them to other programs and projects with needs after obtaining approval from the authorized capital allocation agency according to current regulations.This Resolution takes effect from the date it is adopted by the National Assembly.consistent with the schedule stipulated in the approved program and project documentation, consistent with the state budget law and international treaties on ODA and concessional loans.

4. For programs and projects refinancing from the state budget and programs and projects partly granted and partly refinanced: the project owner must arrange matching funds or request the competent authority to decide to ensure sufficient matching funds for the program and project before signing the refinancing loan contract.

5. For programs and projects funded from the state budget with approval or signing dates not coinciding with the annual budget planning period and without allocated matching funds: the competent authority must submit a written request to the Ministry of Planning and Investment and the Ministry of Finance for handling within their jurisdiction or submit to the competent authority for supplementary inclusion in the annual budget plan.

In cases where the timing of preparing and implementing the matching fund plan and the program and project does not coincide with the annual budget planning period, the competent authority must balance within the total allocated funds. In cases where self-balancing is not possible, the competent authority must submit a written request to the Ministry of Planning and Investment and the Ministry of Finance to consider and decide on temporary funding and then deduct from the next year's plan.

6. In cases where counterpart funds allocated annually from the central budget for programs and projects are not fully utilized, the managing agency may reallocate them to other programs and projects with needs upon approval by the authorized capital allocation authority in accordance with current regulations.

Article 44. Advance Capital for Implementing Programs and Projects

In cases where there is an urgent need for advance capital to implement certain components of programs and projects funded from the state budget and committed to be financed from ODA and concessional loans, which have been included in the annual financial plan but have not yet withdrawn ODA and concessional loans, the Ministry of Planning and Investment shall take the lead, in coordination with the Ministry of Finance, to consider and decide on temporarily advancing capital from the state budget based on the explanatory documents of the managing agency and the commitment documents of the financier regarding the retroactive repayment of these advance capitals.nationalThis capital will be recovered by the State Treasury at all levels when disbursing ODA and concessional loans allocated to those components.ầArticle 45. Taxes and Fees for Programs and Projects

Taxes and fees applicable to programs and projects shall be implemented according to the current laws on taxes and fees and international treaties to which the Socialist Republic of Vietnam is a member. In case of discrepancies between domestic legal provisions and such international treaties, the provisions of the international treaties shall apply. The Ministry of Finance shall be responsible for providing specific guidance on this matter.

Article 46. Compensation, Support, and Resettlement

Matters of compensation, support, and resettlement in programs and projects shall be carried out according to current laws and international treaties on ODA and concessional loans to which the Socialist Republic of Vietnam is a member. In case of discrepancies between domestic legal provisions and such international treaties, the provisions of the international treaties shall apply.

1. The dossier submitted for approval of the compensation, support, and resettlement plans of programs and projects must include a formal written commitment from the competent authority regarding the progress and deadlines for completing compensation, support, land clearance, and resettlement consistent with the implementation schedule of each package within the program and project.councillORSArticle 47. Tendering

2. Tendering to implement programs and projects must be conducted in accordance with current laws and international treaties on ODA and concessional loans to which the Socialist Republic of Vietnam is a member. In case of discrepancies between domestic legal provisions and such international treaties, the provisions of the international treaties shall apply.

For activities carried out prior to tendering as stipulated in the Decision approving the List of Aid: the managing agency and the project owner shall conduct pre-tendering activities as provided for in Article 17 of this Decree.

1. Article 48. Amending and Supplementing Program and Project Content and Using Surplus Funds During ImplementationonIn cases where amendments and supplements lead to changes in the content of the Decision approving the List of Aid, the managing agency shall implement according to the provisions of Article 19 of this Decree.

2. Based on the approved opinion on amending the content in the Decision approving the List of Aid by the competent authority, the managing agency shall proceed with the procedures related to the approval of the amended and supplemented program and project documentation.

In cases where amendments and supplements to the content of programs and projects lead to amendments and supplements, extensions of international treaties on ODA and concessional loans, the proposing agency shall follow the provisions of Article 35 of this Decree.

1. The use of surplus funds (ODA and concessional loans) arising during the implementation of programs and projects includes surplus funds after tendering, surplus funds due to exchange rate and interest rate changes, unallocated contingency funds, and other surplus funds shall be handled as follows:

In the case of using surplus funds within the scope of the program and project: based on agreement with the financier, the managing agency decides on the use of surplus funds according to current regulations;, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPIn the case of using surplus funds to implement new programs and projects in a priority manner to enhance the effectiveness of ongoing programs and projects:yBased on agreement with the financier, the managing agency shall submit a letter to the Ministry of Planning and Investment along with the draft outline of the new program and project. Subsequent steps related to the approval of the List of Aid shall be carried out according to the provisions of Clauses 3 and 4 of Article 13 of this Decree.

2. In cases where amendments or supplements to the content of programs and projects lead to amendments or supplements, extensions of international agreements on ODA and concessional loans, the proposing agency shall comply with the provisions of Article 35 of theìDecree.councillORS 3. Build-Operate-Transfer Contract (hereinafter referred to as BOT Contract) is a contract signed between the competent state agency and the investor, project enterprise to construct infrastructure works; after completion of the works, the investor, project enterprise has the right to operate the works for a certain period of time; at the end of the period, the investor, project enterprise transfers the works to the competent state agency.

3. The use of surplus funds (ODA and concessional loans) arising during the implementation of programs and projects° includes surplus funds after bidding, surplus funds due to changes in exchange rates and interest rates, unallocated contingency funds, and other surplus funds, shall be handled as follows:

a) Independence - freedom - happinessNo.In the case of using surplus funds within the scope of the program or project: based on agreement with the donor, the managing agency decides on the use of surplus funds in accordance with current regulations;đổ For the case of using surplus funds to implement new programs and projects in a priority manner to enhance the effectiveness of ongoing programs and projects: based on agreement with the donor, the managing agency sends a letter to the Ministry of Planning and Investment along with the draft outline of the new program or project. Subsequent steps related to the approval of the Aid Implementation List shall follow the provisions of Clauses 3 and 4 of Article 13 of this Decree.uAudit and settlement procedures shall be carried out in accordance with the current laws on investment management and international agreements on ODA and concessional loans that Vietnam is a member of. In cases where there are discrepancies between domestic legal provisions and such international agreements, the provisions of the international agreements shall apply.nOrganize acceptance inspections and take necessary measures to continue exploitation and utilization of achieved results, as well as implement current legal regulations on financial and asset management of programs and projects.

b) For the case of using surplus funds within the scope of the program or project: based on agreement with the donor, the managing agency decides on the use of surplus funds in accordance with current regulations;nationalFor the case of using surplus funds to implement new programs and projects in a priority manner to enhance the effectiveness of ongoing programs and projects: based on agreement with the donor, the managing agency sends a letter to the Ministry of Planning and Investment along with the draft outline of the new program or project. Subsequent steps related to the approval of the Aid Implementation List shall follow the provisions of Clauses 3 and 4 of Article 13 of this Decree.nMonitor and evaluate the impact and sustainability of programs and projects to make necessary adjustments and draw lessons learned for application in subsequent implementation phases and other programs and projects. trExamine the effectiveness, sustainability, and impacts relative to the initial objectives of programs and projects..

Article 49. Construction Management, Acceptance, Handover, Audit, Final Settlement

ANNEX I.A[31]Take the lead in preparing annual monitoring and evaluation plans for ODA and concessional loans at the national level and coordinate with relevant ministries, sectors, localities, and donors to implement these plans.

1. For investment projects, the review and approval of construction design and total budget estimates, issuance of construction permits, quality management of works, acceptance, handover, warranty, and insurance of construction works shall be carried out in accordance with the current laws on investment management and international agreements on ODA and concessional loans to which the Socialist Republic of Vietnam is a party. In case there is a difference between domestic legal provisions and such international agreements, the provisions of the international agreement shall apply.ìPromptly address difficulties and obstacles within their jurisdiction as reported by the project manager, managing agency, and donor; propose solutions to improve the implementation of programs and projects and enhance the efficiency of ODA and concessional loan usage.June 2024;Take the lead, coordinate with the Ministry of Finance and relevant agencies to supervise compliance with laws and specific international agreements on ODA and concessional loans, and the effectiveness of program and project funding. If necessary, establish inter-ministerial working groups to work directly with managing agencies and project managers on solutions to overcome difficulties and obstacles in implementing programs and projects to ensure progress and investment effectiveness. For issues beyond their jurisdiction, report to the Prime Minister for consideration and decision.This Resolution takes effect from the date it is adopted by the National Assembly.Take the lead, coordinate with managing agencies and donors to select programs and projects to include in the annual impact assessment plan. trShare information through the national program and project monitoring and evaluation system to ensure transparency and encourage community oversight..

2. For technical assistance programs and projects, after completion, the competent authority shall organize acceptance and take necessary measures to continue exploitation and utilization of achieved results, as well as implement current laws on financial and asset management of the program and project.n Decide on strategic policies, planning, and orientation for attracting and utilizing ODA and concessional loans for each period.

3. The audit and final settlement of programs and projects must be conducted in accordance with current laws and international agreements on ODA and concessional loans to which the Socialist Republic of Vietnam is a party or at the request of the sponsor. In case there is a difference between domestic legal provisions and such international agreements, the provisions of the international agreement shall apply.

Article 50. Dispute Resolution for Contracts

In case disputes arise related to contracts during the implementation of programs and projects, the parties involved have the responsibility to negotiate and resolve them. If no agreement can be reached among the parties, dispute resolution shall be carried out through mediation, arbitration, or court proceedings according to the provisions of the contract or relevant international agreements on ODA and concessional loans regarding programs and projects, international agreements, and related laws.

Chapter

VI

MONITORING AND EVALUATION OF PROGRAMS AND PROJECTS

Article 51. Monitoring Programs and Projects

ANNEX I.A[31]Program and project monitoring includes activities to track and inspect the implementation process of programs and projects to ensure that they achieve their goals and effectiveness, including:

Tracking programs and projects involves regular and periodic activities of management levels to update all relevant information about the implementation situation of programs and projects; classify and analyze information; promptly propose solutions to ensure compliance with objectives, schedules, and quality within the framework of available resources for the programs and projects.

1. Issue regulatory legal documents on the management and use of ODA and concessional loans within their authority.õForm inter-ministerial working groups to work directly with managing agencies, project managers, project management boards, and donors to review, assess, and promptly resolve difficulties within their jurisdiction. lInspection of programs and projects includes: periodic activities according to plans or ad hoc inspections to check compliance with management regulations, timely identify errors and weaknesses in implementing Vietnamese laws and specific international agreements on ODA and concessional loans; recommend authorities to handle violations and supervise the implementation of corrective measures.

2. Report to the Prime Minister periodic (every six months, annually) and ad hoc reports on the situation of mobilizing, managing, and using ODA and concessional loan funds; propose solutions to address difficulties in implementing programs and projects.

Article 52. Evaluation of Programs and Projects

1. Program and project evaluation includes systematic and objective periodic reviews comprehensively assessing the appropriateness, effectiveness, efficiency, impact, and sustainability of programs and projects to make necessary adjustments and draw lessons learned for subsequent implementation phases and other programs and projects.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsTake the lead in organizing comprehensive measures to enhance the effectiveness of ODA and concessional loan management and use.

2. Evaluation work is conducted periodically and ad hoc (as needed). Depending on specific circumstances and agreements with sponsors, evaluation stages may include:

a) Initial assessment: conducted immediately upon commencement of the program or project to examine actual changes compared to approved program/project documentation to take appropriate measures.

b) Mid-term assessment: conducted midway through the implementation period of the program or project to assess the implementation status up to the evaluation date to make necessary adjustments.

c) Final assessment: conducted immediately after the completion of the program or project to review the entire implementation process, serving as a basis for preparing the final report on the program or project.

For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Impact assessment: conducted within three years from the date the program or project is put into operation and use to examine its effectiveness, sustainability, and impacts compared to initial set goals.development Compile and disseminate professional guidance materials on mobilization, preparation, review, organization, management, supervision, and evaluation of programs and projects; support professional and sustainable training in program and project management.

3. To ensure objectivity and transparency, evaluation work must be conducted by independent experts or consulting groups hired in accordance with current regulations, having the necessary expertise and experience (except for initial assessments which may be conducted by the Project Management Board). The project owner must cooperate with the sponsor to determine the time and funding for evaluation work from the program/project documentation preparation stage.

4. The implementation plan for evaluation work must be included in the program/project documentation and must be consistent with the nature of the program or project.

Article 53. Responsibilities of the Managing Authority in Supervision and Evaluation Work

1. Establish and operate a supervision and evaluation system for programs and projects at the managing authority level, conduct inspections of these programs and projects at least once a year, and allocate necessary resources for supervision and evaluation work.

2. Coordinate with the Ministry of Planning and Investment to implement supervision and evaluation of programs and projects at the national level.

3. Implement reporting procedures as currently prescribed and guided by the Ministry of Planning and Investment.

4. Fully and promptly respond to recommendations made by project sponsors in progress reports and program/project evaluation reports; coordinate with donors and relevant agencies to conduct ad hoc evaluations when necessary.

5. Organize impact assessments of programs and projects within their jurisdiction according to the annual impact assessment plan of the Ministry of Planning and Investment.

6. Share information through the program and project supervision and evaluation system at theof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsmanaging authority level todevelopment ensure transparency and encourage community oversight.

Independence - freedom - happiness

ANNEX I.A[31]Article 54. Responsibilities of Project Sponsors in Supervision and Evaluation Work

1. Establish and operate a supervision and evaluation system at the project sponsor level andNo. allocateồnecessary resourcesầimplementation;policiesfor this work; designate a department responsible for regularly performing supervision and evaluation tasks related to their programs and projects.No.Implement supervision and evaluation according to the approved plan in the program and project documentation.

2. Promptly address difficulties and issues within their authority and recommendations raised in evaluation reports. In cases exceeding their authority, report to the managing authority for appropriate measures.

3. Hire consultants to conduct evaluations based on the supervision and evaluation plans outlined in program and project documentation.

4. Implement reporting procedures as currently prescribed and guided by the Ministry of Planning and Investment.

5. Share information through the program and project supervision and evaluation system at the project sponsor level to ensure transparency and encourage community oversight.

6. Article 55. Responsibilities of the Project Management Board in Monitoring and Evaluation Work

Establish an internal information system, collect and store complete information, data, files, documents, ledgers, and vouchers of programs and projects, contractor reports, and changes

reason in policies, laws of Vietnam, and donor regulations related to program and project management.

1. Prepare implementation reports as required, provide and share information through the sectoral, local, and national monitoring and evaluation systems.g Support project sponsors in monitoring and evaluating programs and projects. trArticle 56. Responsibilities of the Ministry of Planning and Investment in Supervision and Evaluation Work

2. The Ministry of Planning and Investment serves as the lead agency assisting the Prime Minister in organizing the supervision and evaluation of ODA and concessional loans at the

3. national level, with specific responsibilities including:

Establishing and operating a national-level supervision and evaluation system and allocating necessary resources for this work.

Leading the preparation of the annual supervision and evaluation plan for ODA and concessional loans at the national level and coordinating with ministries, sectors, localities, and donors to implement this plan.No.Promptly addressing difficulties and issues within their authority mentioned in project sponsor, managing authority, and donor reports; proposing solutions to improve the implementation of programs and projects and enhance the effectiveness of ODA and concessional loans usage.of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home AffairsLeading and coordinating with the Ministry of Finance and relevant agencies to monitor compliance with specific laws and international agreements regarding ODA and concessional loans, and the effectiveness of program and project funding. In urgent cases, forming inter-ministerial teams to directly work with managing authorities and project sponsors on solutions to overcome difficulties and issues during program and project implementation to ensure investment progress and efficiency. For matters exceeding their authority, reporting to the Prime Minister for consideration and decision.No.Leading and coordinating with managing authorities and donors to select programs and projects for inclusion in the annual impact assessment plan.

1. Sharing information through the national program and project supervision and evaluation system to ensure transparency and encourage community oversight.

2. k) Coordinate with the Ministry of Planning and Investment to consolidate and prepare disbursement plans for ODA and concessional loans, counterpart funds; handle additional funding requirements in the annual budget plan of programs and projects according to Clause 5 of Article 43 and Article 44 of this Decree;

3. l) Take the lead, coordinate with the Ministry of Planning and Investment to timely allocate sufficient counterpart funds from administrative and public service budgets to prepare and implement programs and projects funded from the central budget in the annual capital plan;

4. m) Organize lending and recovery of loaned funds for programs and projects under the state budget lending mechanism.ầReview proposals for negotiating and signing international agreements on ODA and concessional loans; participate in negotiations and provide comments on draft international agreements on ODA and concessional loans.

5. Carry out diplomatic procedures for signing and implementing international agreements on ODA and concessional loans; organize archiving, copying, and publication of international agreements on ODA and concessional loans.o Participate in evaluating ODA and concessional loan programs and projects.

6. Sharing information through the national monitoring and evaluation system of programs/projects to ensure transparency and encourage community oversight.development đảm bảo tính minh bạch và tranh thủ sự giám sát của cộng đồc) Participating in assessing the conditions of food production and business establishments in the area according to the分级回复

Article 57. Reporting System on the Receipt and Utilization of ODA and Preferential Loans

1. Level of the Project Owner:

The project owner shall prepare reports on the implementation of programs and projects to be submitted to the supervising agency, the Ministry of Planning and Investment, the Ministry of Finance, the relevant sectoral management ministry, the People's Committee of the province where the program or project is implemented, and the donor, including:

a) Monthly report, no later than 10 days after the end of each month (applicable only to programs and projects under the approval authority of the Prime Minister and Group A investment projects);

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

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

d) Final report, no later than 6 one month after the completion of the program or project;

d) Report on any changes (if any) compared to the specific contents of international agreements on ODA and preferential loans signed;

Reports to donors shall be carried out according to the agreement in the specific international agreement on ODA and preferential loans regarding the program or project.

2. Level of the Supervising Agency:

Within 20 days after each quarter, the supervising agency shall prepare a consolidated report onon the situation of mobilizing, receiving, and utilizingpoliciesODA andNo.preferential loans, evaluating the programs and projects under its management, and submitting it to the Ministry of Planning and Investment, the Ministry of Finance, and the Ministry of Foreign Affairs for consolidation according to their assigned functions and tasks.No.National Level:

3. The following agencies shall regularly prepare consolidated reports every six months and annually to submit to the Prime Minister, with the six-month report sent before July 31 each year and the annual report sent before January 31 of the following year:

The Ministry of Planning and Investment shall prepare a consolidated report to the Prime Minister on the situation of mobilizing, managing, and utilizing ODA and preferential loans at the national level as stipulated in Clause 11, Article 61 of this Decree;

a) The Ministry of Finance shall prepare a consolidated report to the Prime Minister on the situation of borrowing, payment, repayment, and disbursement of ODA and preferential loan funds as stipulated in Point i, Clause 5, Article 62 of this Decree.nationalThe Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to guide the reporting system and unified report forms for ODA and preferential loans, gradually harmonize

b) these report forms with donors; monitor compliance with the ODA and preferential loan reporting system at all levels, and regularly report to the Prime Minister on the implementation of this work.

4. Article 58. Costs for Monitoring and Evaluating the Receipt, Management, and Utilization of ODA and Preferential Loans lawCosts for monitoring and evaluating programs and projects at the project owner level shall be allocated from ODA and preferential loan funds or from counterpart funds specified in the program or project documentation.

Costs for monitoring and evaluating the receipt, management, and utilization of ODA and preferential loans at the supervising agency and national levels shall be included in the annual state budget estimate.

1. Article 59. Inspection of the Receipt, Management, and Utilization of ODA and Preferential Loans

2. Inspection of the receipt, management, and utilization of ODA and preferential loans shall be conducted in accordance with current laws.

STATE MANAGEMENT OF ODA AND PREFERENTIAL LOANS

Article 60. State Management of ODA and Preferential Loans

Chapter

VII

The Government shall uniformly manage state affairs concerning ODA and preferential loans, including the following contents:

Deciding on strategies, policies, planning, and directions for attracting and utilizing ODA and preferential loans for each period.

Issuing regulatory legal documents on the management and utilization of ODA and preferential loans within its authority.

1. Formulate strategic decisions, policies, planning, and orientation for attracting and utilizing ODA and concessional loans for each period.

2. Issue regulatory documents on the management and utilization of ODA and concessional loans within their authority.amendEstablish inter-ministerial working groups to work directly with the managing agencies, project sponsors, Project Management Units, and donors to promptly examine, evaluate, and resolve issues within their authority.

3. Article 1. Macro-management of ODA and concessional loan operations.

Article 61. Tasks and Authorities of the Ministry of Planning and Investment

The Ministry of Planning and Investment assists the Government in uniformly managing state affairs concerning ODA and concessional loans, with the following tasks and authorities:

1. It serves as the lead agency in mobilizing, coordinating, managing, and utilizing ODA and concessional loans; takes the lead in drafting strategies and policies for development cooperation with donors, planning to attract, manage, and utilize ODA and concessional loans; analyzes and evaluates the effectiveness of using these sources of funds.nationalTakes the lead in drafting and submitting for promulgation or promulgating regulatory legal documents on the management and utilization of ODA

2. and concessional loans according to its authority.A Takes the lead in preparing content and organizing mobilization, coordination of ODA and concessional loan sources according to its authority.ANNEX I.A[31] Summarizes and submits to the Prime Minister for approval the List of Sponsors in accordance with Clause 3, Article 13 and Clause 1, Article 14 of this Decree.

3. Takes the lead and coordinates with relevant agencies in submitting to the Prime Minister for the signing of framework international agreements on ODA and concessional loans and specific international agreements on non-refundable ODA assistance in accordance with Clause 4, Article 30 of this Decree.

4. Coordinates with the Ministry of Finance in submitting to the Prime Minister for approval the domestic financial mechanisms applicable to programs and projects using ODA and concessional loans; determines the domestic financial mechanisms applicable to programs and projects using non-refundable ODA assistance within the authority to approve the List of Sponsors of the competent agency.

5. Takes the lead and coordinates with the Ministry of Finance:

6. Submits to the Prime Minister for approval the domestic financial mechanisms applicable to programs and projects using non-refundable ODA assistance within the authority to approve the List of Sponsors of the Prime Minister; determines the domestic financial mechanisms applicable to programs and projects using non-refundable ODA assistance within the authority to approve the List of Sponsors

7. of the competent agency;

a) Summarizes and prepares plans for disbursing ODA and concessional loans, counterpart funds; ensures adequate and timely funding for preparatory work for programs and projects, basic construction counterpart funds for preparation and implementation of programs and projects under central budget allocation in the annual capital plan; trHandles additional funding requirements in the annual budget plan of programs and projects in accordance with Clause 5, Article 43 and Article 44 of this Decree.

b) Establishes, operates, and improves the national monitoring and evaluation system for programs and projects; shares information with relevant agencies and sponsors, effectively utilizing this system.

c) Monitors and inspects the management and implementation of programs and projects; urges and supports the implementation of programs and projects..

8. Acts as the focal point to resolve difficulties and obstacles during the implementation of programs and projects, issues related to multiple ministries and sectors to ensure progress and promote disbursement of ODA and concessional loans; proposes measures to the Prime Minister to address issues regarding ODA and concessional loans within the Prime Minister's authority.

9. In necessary cases, takes the lead in forming inter-ministerial working groups to directly work with the competent agency, project owner, Project Management Board, and sponsor to review, assess, and promptly resolve obstacles according to its authority.

10. Submits periodic (six months, one year) and ad hoc reports to the Prime Minister on the situation of mobilizing, managing, and utilizing ODA and concessional loans; proposes solutions to overcome difficulties during the implementation of programs and projects.đổ Takes the lead in implementing comprehensive measures to enhance the efficiency of ODA and concessional loan management and utilization.

Compiles and disseminates guidance materials on business practices for mobilizing, preparing, reviewing, organizing management and implementation, monitoring, and evaluating programs and projects; supports professional and sustainable training in program and project management. lSubmit periodic (six-monthly, annually) and ad hoc reports to the Prime Minister on the situation of mobilizing, managing, and using ODA and concessional loan funds; propose solutions to address difficulties during the implementation of programs and projects.

11. Lead the implementation of comprehensive measures to improve the efficiency of ODA and concessional loan management and utilization.ìCompile and disseminate guidance materials on fundraising, preparation, review, organization, management, supervision, and evaluation of programs/projects; support professional and sustainable training in program/project management.

12. k) Coordinate with the Ministry of Planning and Investment to consolidate and prepare disbursement plans for ODA and concessional loans, counterpart funds; handle additional funding needs in the annual budget plan of programs/projects as prescribed in Clause 5 of Article 43 and Article 44 of this Decree;

13. l) Take the lead and coordinate with the Ministry of Planning and Investment to timely allocate sufficient administrative and public service counterpart funds to prepare and implement centrally funded programs/projects within the annual capital plan;

Article 62. Tasks and Authorities of the Ministry of Finance

1. Coordinate with the Ministry of Planning and Investment and relevant agencies to develop strategies and policies for cooperation in development with donors, planning for attracting, coordinating, managing, and utilizing ODA and concessional loans; analyze and evaluate the effectiveness of using these sources of funds.

2. Guide the preparation of contents related to conditions for using funds and financial management of programs and projects.

3. To take the lead and coordinate with relevant ministries and agencies to inspect the management and use of funds for purchasing and transporting, distributing rice to localities.nationalCoordinate with relevant agencies to submit to the Prime Minister for signing specific international agreements on ODA loans and concessional loans as stipulated in Clause 2, Article 30 of this Decree.

4. Officially represent the "borrower" for ODA loans and concessional loans on behalf of the State or Government with donors, except for loans where the State Bank of Vietnam represents Vietnam and is authorized to sign international agreements on those loans.

5. Financial management of programs and projects:

a) Take the lead and coordinate with relevant agencies to guide financial management of programs and projects;

b) Take the lead and coordinate with the Ministry of Planning and Investment, the supervising agency, and other relevant agencies to submit to the Prime Minister for approval of domestic financial mechanisms applicable to programs and projects using ODA loans and concessional loans before signing specific international agreements on ODA and concessional loans;ớc) Coordinate with the Ministry of Planning and Investment to submit to the Prime Minister for approval of domestic financial mechanisms applicable to programs and projects using non-reimbursable ODA aid within the Prime Minister's authority to approve the Aid Portfolio; determine domestic financial mechanisms applicable to programs and projects using non-reimbursable ODA aid within the Prime Minister's authority to approve the Aid Portfolio;

c) Specify detailed procedures for withdrawing funds and managing withdrawals of programs and projects based on current laws and provisions in international agreements on ODA and concessional loans signed with donors; trHandles additional funding requirements in the annual budget plan of programs and projects in accordance with Clause 5, Article 43 and Article 44 of this Decree.

d) d) Take the lead in guiding the implementation of tax and fee policies for programs and projects; resolve issues related to taxes and fees;

Allocate state budget funds and other sources of funds to repay ODA loans and concessional loans when due;

e) Coordinate with the State Bank of Vietnam to identify and announce a list of commercial banks meeting the criteria for conducting foreign exchange transactions with ODA and concessional loan funds;

g) Monitor and inspect financial management in the use of ODA and concessional loan funds and organize state budget accounting for these sources of funds;g Regularly compile (every six months, annually) data on disbursements, withdrawals, payments, and repayments of ODA and concessional loan funds to report to the Prime Minister and notify relevant agencies;u k) Coordinate with the Ministry of Planning and Investment to compile and prepare plans for ODA and concessional loan disbursements, counterpart funds; process additional funding needs in the annual budget plan of programs and projects as provided in Clause 5, Article 43 and Article 44 of this Decree;

h)||| l) Take the lead and coordinate with the Ministry of Planning and Investment to allocate sufficient and timely administrative and public service counterpart funds to prepare for and implement programs and projects funded from the central budget in the annual capital plan;

i) m) Organize the relending and recovery of relending funds for programs and projects applying the state budget relending mechanism.

m) Organize lending and recovery of the lending portion of programs/projects applying the state budget lending mechanism.

Review negotiation proposals and signing of international agreements on ODA and concessional loans; participate in negotiations and provide comments on draft international agreements on ODA and concessional loans.

Carry out external procedures for signing and implementing international agreements on ODA and concessional loans; organize storage, copying, and publication of international agreements on ODA and concessional loans.

Article 63. Tasks and Authorities of the State Bank of Vietnam

1. Take the lead and coordinate with relevant agencies to submit to the Prime Minister for the signing of specific international agreements on ODA and concessional loans with international financial and monetary organizations as specified in Clause 3, Article 30 of this Decree., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP Transfer files and all related information about programs and projects to the Ministry of Finance after specific international agreements on ODA and concessional loans come into effect, except for loan agreements with the International Monetary Fund.

2. Take the lead and coordinate with the Ministry of Finance to determine and announce the list of commercial banks meeting the criteria for conducting transactions with ODA and concessional loan funds, serving as a basis for the agency leading the negotiation of specific international agreements on ODA and concessional loans to select banks for programs and projects.No.Summarize periodically (every six months, annually) and notify the Ministry of Finance, the Ministry of Planning and Investment, and relevant agencies about the situation of withdrawing funds and payments through the accounts of programs and projects opened at banks.

3. Article 64. Tasks and Authorities of the Ministry of JusticeNo.Review draft international agreements on ODA and concessional loans in accordance with the laws on international treaties.

4. Participate in negotiations and provide comments on the drafting of international agreements on ODA and concessional loans.

Provide opinions on the outline of cooperation programs and projects with foreign countries regarding law.

1. Review documents of programs and projects for cooperation with foreign countries regarding law within the scope of approval by the Prime Minister.

2. Provide legal opinions on legal issues concerning the draft framework policy on resettlement before submitting it to the Prime Minister for approval.uProvide legal opinions on international agreements on ODA and concessional loans or other related legal issues upon request from relevant agencies.

3. Article 65. Tasks and Authorities of the Ministry of Foreign AffairsnationalCoordinate with relevant agencies based on the overall foreign policy to develop and implement policies and directions for mobilizing ODA and concessional loans, cooperation; participate in mobilizing ODA and concessional loans.

4. Coordinate with the Ministry of Planning and Investment and relevant agencies to direct representative offices of the Socialist Republic of Vietnam abroad or at international organizations to carry out mobilization of ODA and concessional loans, in line with policies, directions, planning, and plans for attracting and utilizing ODA and concessional loan funds during each period.

5. Examine proposals for negotiating and signing international agreements on ODA and concessional loans; participate in negotiations and provide comments on draft international agreements on ODA and concessional loans.

6. Carry out diplomatic procedures for the signing and implementation of international agreements on ODA and concessional loans; organize archiving, copying, and publication of international agreements on ODA and concessional loans. approving remediation and environmental recovery plans or remediation and environmental recovery plans.

Participate in evaluating ODA and concessional loan programs and projects.

1. Monitor and inspect the implementation of procedures for signing and implementing international agreements on concessional loans in accordance with the laws on international treaties.No.Article 66. Tasks and Authorities of the Office of the Government

2. Coordinate with relevant ministries, sectors, and localities to guide domestic media outlets in reporting on the external activities of state leaders, the Ministry of Foreign Affairs, and international situations related to external affairs;ìAssist the Government and the Prime Minister in leading, directing, and managing state administration over ODA and concessional loans.o Provide opinions on content during the preparation of programs and projects at the request of the management agency or project leader; review and propose recommendations on policies, mechanisms, and methods of organizing and implementing programs and projects before submitting them to the Government and the Prime Minister for consideration and decision.nationalAssist the Government and the Prime Minister in inspecting and urging the implementation of this Decree.

3. Participate in evaluating ODA and concessional loan programs/projects.

4. State management of ODA and concessional

5. loans.

6. Monitor and inspect the implementation of procedures for signing and performing preferential loan treaties in accordance with the laws on treaties.No.N ||| declaration of customs import procedures.policies BB 1.1on Within five days after receiving the Decision approving the aid list from the Prime Minister, the Ministry of Planning and Investment sends a notification of the aid list along with the outline of programs and projects to the donor.No.Article 66. Duties and Authorities of the Government OfficeNo.N ||| declaration of customs import procedures.policies.

Assist the Government and the Prime Minister in leading, directing, and managing

1. uniformly state management of ODA and preferential loans. quản lý nhà nước về ODA và vốn vay priority đãi.

2. Participate in providing opinions on the content during the preparation of programs and projects at the request of the managing agency or project leader; review and propose recommendations on policies, mechanisms, and methods of organizing and implementing 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 Decree.

Article 67. Tasks and Authorities of Ministries, Ministerial-Level Agencies, and Government-Affiliated Agencies

1. Guide the registration of activities for sports clubs, grassroots physical education and sports facilities, and cheerleading clubs.nationalIn collaboration with the Ministry of Planning and Investment and relevant agencies, develop strategies and plans to attract and utilize ODA and concessional loans; develop policies and measures to coordinate and enhance the effectiveness of utilizing ODA and concessional loans within their respective fields of responsibility. For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;Draft program and project outlines, submit to competent authorities for approval or approve according to their authority as stipulated in Article 13 of this Decree.

2. Coordinate with the Ministry of Finance and the State Bank of Vietnam in submitting to the Prime Minister for the signing of specific international agreements on ODA and concessional loans for programs and projects under their direct management as specified in Clauses 2 and 3, Article 30 of this Decree.

3. Propose to the Prime Minister for the signing of specific international agreements on ODA non-refundable aid as stipulated in this Decree and organize the implementation of such international agreements after signing.

4. Carry out state management functions over ODA and concessional loan funds according to their respective industries and fields of responsibility as prescribed by law.

5. Publicize transparently and be responsible for the effectiveness of using ODA and concessional loan funds for programs and projects under their direct management and implementation.

6. Article 68. Tasks and Authorities of Provincial People's CommitteespoliciesCollaborate with the Ministry of Planning and Investment, ministries, sectors, and relevant agencies to develop strategies and plans to attract and utilize ODA and concessional loans; develop policies and measures to coordinate and enhance the effectiveness of utilizing ODA and concessional loans within their provincial jurisdiction.

Draft program and project outlines, submit to competent authorities for approval or approve according to their authority as stipulated in Article 13 of this Decree.

1. Coordinate with the Ministry of Finance and the State Bank of Vietnam in submitting to the Prime Minister for the signing of specific international agreements on ODA and concessional loans for programs and projects under their direct management as specified in Clauses 2 and 3, Article 30 of this Decree and implement such international agreements after signing.No.Coordinate with the Ministry of Planning and Investment in submitting to the Prime Minister for the signing of specific international agreements on ODA non-refundable aid as stipulated in this Decree and organize the implementation of such international agreements after signing.

2. Be responsible for directing and organizing the implementation of land acquisition, compensation, and site clearance for programs and projects within their jurisdiction according to the provisions of law, international agreements on ODA and concessional loans where the Socialist Republic of Vietnam is a member.ìCarry out state management functions over ODA and concessional loan funds within their provincial jurisdiction as prescribed by law.

3. Publicize transparently and be responsible for the effectiveness of using ODA and concessional loan funds for programs and projects under their direct management and implementation.ớAllocate budget funds to repay central government debt for external debt repayment for programs and projects applying the central government budget mechanism for provincial budgets to borrow ODA and concessional loan funds.

4. Article 69. Rewards and Sanctions for Violations

5. Organizations and individuals who achieve outstanding results in implementing this Decree shall be rewarded according to the law on rewards.

6. Organizations and individuals violating the provisions of this Decree shall be subject to sanctions according to the nature and degree of violation as prescribed by law. limport quotas and raw material and component quotas for imported goods before they enter the domestic market.

7. Ensure transparency and be responsible for the effectiveness of the use of ODA funds and preferential loans for programs and projects directly managed and implemented by themselves.

8. Allocate budget funds to repay central government debt to repay foreign debts for programs and projects that apply the central government budget mechanism for provincial budgets to refinance ODA and preferential loan funds.

Article 69. Awards and Handling of Violations

1. Organizations and individuals who have outstanding achievements in implementing this Decree shall be rewarded in accordance with the laws on awards.

2. Organizations and individuals who violate the provisions of this Decree shall be subject to handling according to the laws depending on the nature and degree of violation.

Chapter

VIII

IMPLEMENTING PROVISIONS

Article 70. Implementation organization

1. The Ministry of Planning and Investment shall take the lead and coordinate with relevant agencies to issue Circulars guiding the implementation of this Decree.

2. The Ministry of Finance shall issue guiding documents for the implementation of this Decree concerning financial management, tax and fee policies for ODA and preferential loans within its authority.

Article 71. Effective Date

1. This Decree takes effect from June 6, 2013, and replaces Government Decree No. 131/2006/NĐ-CP dated November 9, 2006, on the management and use of official development assistance funds.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and municipal People's Committees under the central government, and related organizations and individuals are responsible for implementing this Decree../.