Decision No. 45/2004/QĐ-BNN on the issuance of the Regulation on Management and Utilization of Foreign Aid Sources in the Agriculture and Rural Development Sector.

Pursuant to …;

Regarding the issuance of the Regulation on Management and Utilization of Foreign Support

in the Agriculture and Rural Development Sector

___________________________

 

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 17/2001/NĐ-CP dated May 4, 2001 of the Government promulgating the Regulation on Management and Utilization of Official Development Assistance; Decision No. 64/2001/QĐ-TTg dated April 26, 2001 of the Prime Minister promulgating the Regulation on Management and Utilization of Non-Governmental Foreign Aid; Decision No. 112/2001/QĐ-TTg dated August 21, 2001 of the Prime Minister on the organization and management of international conferences and seminars in Vietnam;

Considering the proposal of the Director of the Office, the Director of the Department of International Cooperation and the Director of the Department of Organization and Cadres;

DECISION:

Article 1Now hereby promulgated together with this Decision the "Regulation on Management and Utilization of Foreign Support in the Agriculture and Rural Development Sector" comprising seven chapters and twenty-nine articles.

Article 2. This Decision shall take effect fifteen days from the date of publication in the Official Gazette of the Socialist Republic of Vietnam and shall replace Decision No. 132/1999/QĐ-BNN-HTQT dated September 22, 1999 of the Minister of Agriculture and Rural Development promulgating the Regulation on Management of Programs and Projects Using Foreign Support under the Responsibility of the Ministry of Agriculture and Rural Development.

Article 3The Director of the Office, the Director of the Department of International Cooperation and the Heads of units concerned shall be responsible for implementing this Decision.

 

REGULATIONS

MANAGEMENT AND UTILIZATION OF FOREIGN SUPPORT IN THE AGRICULTURE AND RURAL DEVELOPMENT SECTOR

(Issued pursuant to Decision No. 45/2004/QĐ-BNN dated September 30, 2004)

of the Minister of Agriculture and Rural Development)

PART I

GENERAL PROVISIONS

Article 1. Scope of application

Article 1. This Regulation governs activities related to attracting, managing, and utilizing official development assistance (hereinafter referred to as ODA), non-governmental foreign aid (hereinafter referred to as NGO), and other forms of non-project foreign aid (non-commercial) managed by the Ministry of Agriculture and Rural Development.

Article 2. Direct foreign investment projects (hereinafter referred to as FDI) are not within the scope of regulation of this Regulation.

Article 2. Applicability

All units directly under the Ministry (Departments, Inspectorate, Ministry Office) and units under the Ministry (Bureaus, Institutes, Schools, Gardens, Centers), hereinafter collectively referred to as units, and localities that manage and utilize ODA, NGO, and other forms of non-project foreign aid managed by the Ministry of Agriculture and Rural Development.

Article 3. Explanation of Terms

In this Regulation, certain terms are understood as follows:

Point 1. "Program" is a set of activities, projects related to each other organically and may relate to multiple economic sectors, technical fields, regions, different subjects, implemented through an interdisciplinary approach, with a relatively long implementation period or in multiple phases, and resources for implementation can be mobilized from various sources and in different ways.

Point 2. "Project" is a set of activities related to each other aimed at achieving one or more specific objectives, carried out within a defined timeframe, based on defined resources. A project includes investment projects, technical support projects, and bilateral scientific and technological cooperation projects.

Point 3. "Investment Project" is a project creating new, expanding (upgrading) or renovating certain material facilities to achieve quantitative growth or maintain, improve, enhance the quality of products or services within a defined period.

Point 4. "Technical Support Project" is a project mainly focused on providing software technical elements, including capacity development projects, human resource development projects, technology transfer or knowledge, experience transfer, providing technical input factors to prepare and implement investment projects.

Point 5. "ODA Program, Project" refers to programs, projects using official development assistance (ODA).

Point 6. "International Agreement on ODA" is a written agreement signed between authorized representatives of the State or competent authorities of the Vietnamese Government and representatives of the donor regarding issues related to ODA, including Agreements, Protocols, program/project documents, and exchange documents between parties having equivalent value.

Point 7. "Investment Manager" (also called the program/project manager agency) is the Ministry of Agriculture and Rural Development for programs and projects directly implemented and executed by units directly under the Ministry or units under the Ministry, and projects in the sector assigned by the Government to the Ministry as the managing and executing agency.

Point 8. "Project Owner" (also called Program/Project Owner) is units directly under the Ministry or units under the Ministry and localities entrusted by the Minister with the direct responsibility to manage and utilize donor funds and counterpart funds to implement programs and projects according to approved contents.

Point 9. "Program/Project Management Board" (shortened as "Project Management Board") or "Project Office" is an agency representing the Project Owner, fully empowered to act on behalf of the Project Owner to perform assigned rights and duties from the start of implementation until the end of the project, including final settlement, acceptance, handover, and operation of the project.

Point 10. "Head of the Project Management Board" (shortened as "Project Director") is the head of the Project Management Board, representing the Project Owner (and Investment Manager) to manage and direct the activities of the program/project; accountable to the Project Owner for the activities and results of the program/project implementation; accountable to the Project Owner and before the law for their actions.

Point 11. "Program/Project Steering Committee" or "Program/Project Guidance Committee" (shortened as "Project Steering Committee"), consisting of representatives of inter-ministerial agencies, established to assist the managing agency in directing project implementation activities, reviewing and recommending to the competent authority for approval of project adjustments.

Point 12. "Counterpart Funds" are the values of domestic resources (cash, in-kind, labor) mobilized to prepare and implement ODA programs/projects according to the requirements of the program/project.

13. "Non-binding initial agreement on non-governmental foreign aid" is a document recording the initial intention (legally non-binding) regarding non-governmental foreign aid between representatives of the Vietnamese Party and the Donor Party.

14. "Project (program, project) aid documentation" is an official document expressing the commitment between representatives of the Vietnamese Party and the Donor Party for a specific program or project, clearly defining: objectives, activities, expected results, resources to be utilized, timeframes and implementation plans, rights, obligations, and responsibilities of the parties involved.

15. "Non-project aid" refers to non-program, non-project aid provided through direct budgetary support to sectors, package aid, aid through entrusted funds, in the form of goods (commodities, materials, equipment), cash, or experts (including volunteer experts); non-project aid outside projects for research, conferences, seminars, training, experience sharing, and humanitarian and charitable purposes (collectively referred to as humanitarian aid).

16. "Emergency relief" is non-project aid implemented urgently immediately following emergency situations (natural disasters or other calamities) and lasting up to two months after the end of such emergencies. If this relief continues beyond that period, it shall be considered post-emergency recovery assistance.

17. "Investment Management Regulations" means the Investment and Construction Management Regulations issued pursuant to Decree No. 52/1999/NĐ-CP dated July 8, 1999 of the Government, amended and supplemented by Decree No. 12/2000/NĐ-CP dated May 5, 2000 and Decree No. 07/2003/NĐ-CP dated January 30, 2003 of the Government.

18. "Bidding Regulations" means the Bidding Regulations issued pursuant to Decree No. 88/1999/NĐ-CP dated September 1, 1999 of the Government, amended and supplemented by Decree No. 14/2000/NĐ-CP dated May 5, 2000 and Decree No. 66/2003/NĐ-CP dated June 12, 2003 of the Government.

19. "ODA Management Regulations" means the Official Development Assistance Management and Utilization Regulations issued pursuant to Decree No. 17/2001/NĐ-CP dated May 4, 2001 of the Government.

20. "NGO Management Regulations" means the Non-Governmental Foreign Aid Management and Utilization Regulations issued pursuant to Decision No. 64/2001/QĐ-TTg dated April 25, 2001 of the Prime Minister.

Article 4. Foreign sources of support

1. Official Development Assistance (ODA) and other sources supported by foreign organizations and individuals in the form of programs and projects for the agricultural sector and rural development include:

a) Unreimbursable aid;

b) Loans with favorable conditions such as interest-free loans with only service fees, commitment fees, low-interest rates, or a combination of low-interest rate loans with medium-interest rate loans, grace periods, and long-term loan repayment periods.

2. Non-project foreign support sources are reflected in financial support (foreign currency or Vietnamese dong), provision of equipment, technology (machinery), operational secrets, supplies (goods, seeds, livestock breeds, and biological materials), research and development, technical assistance, experts, and training, emergency relief.

Article 5. Principles for attracting, managing, and utilizing foreign sources of support

1. Foreign sources of support are important capital for the state budget, used to support the achievement of priority goals in building and developing the agricultural sector and rural areas.

2. The mobilization, attraction, and utilization of foreign sources of support for the agricultural sector and rural development are uniformly managed by the Ministry of Agriculture and Rural Development from central to local levels throughout the country.

3. The process of mobilizing, attracting, and utilizing foreign sources of support must involve relevant units, local authorities, and beneficiaries; ensure transparency regarding the rights and responsibilities of the parties involved; and harmonize principles and procedures for support between the Vietnamese side and donors.

4. Attracting, managing, and utilizing foreign sources of support must comply with the provisions of the State Budget Law, ODA Management Regulations, NGO Management Regulations, Regulations on Borrowing and Repaying Foreign Debts, and current state financial management systems. In cases where international treaties signed between the Government of Vietnam and donor parties have different provisions than these regulations, the provisions of those international treaties shall apply.

Chapter II

DETERMINATION OF PROGRAMS AND PROJECTS PRIORITY SOURCES TO BE MOBILIZED AND ATTRACTED FROM FOREIGN COUNTRIES FOREIGN SUPPORT

Article 6. Proposals for programs and projects to attract and mobilize foreign support

By the fourth week of June each year, units and localities base their proposals for prioritized programs and projects to attract and mobilize foreign support on the planning and development plans of the industry (annual, five-year, ten-year) and the tasks of the unit and locality. They proactively propose a list of prioritized programs and projects and prepare a Project Registration Form (Preliminary Outline) to be sent to the Department of International Cooperation, copied to the Planning Department, for consolidation and submission to the Minister of Agriculture and Rural Development.

Article 7. Selection of priority programs and projects to attract and mobilize foreign support resources

1. Priority areas for mobilizing financial assistance:

Based on the industry development strategy and planning, the Planning Department shall annually submit to the Minister for determination of the priority areas of the industry that need to be mobilized for foreign support resources; publicly announce this information as the basis for selecting programs and projects.

2. Steps for selecting priority programs and projects:

a) Before August 10 each year, the Ministry of Agriculture and Rural Development establishes a Committee to review priority programs and projects to mobilize foreign support resources for the industry.

The review committee consists of representatives from functional departments, specialized management agencies, chaired by a Deputy Minister, with the International Cooperation Department serving as the permanent body.

The tasks, powers, and duration of operation of the Committee are recorded in the decision establishing the Committee.

b) In the third week of September each year, the Minister of Agriculture and Rural Development convenes a meeting of the Ministry's leadership to discuss and approve the list of priority programs and projects of the industry and send the registration document to the Ministry of Planning and Investment (accompanied by a preliminary outline of each program and project according to Appendix 2 of Circular 06/2001/TT-BKH dated September 20, 2001 issued by the Minister of Planning and Investment).

c) A coordination conference for foreign donors regarding the programs and projects of the agricultural and rural development sector is organized annually.

3. For emergency aid to mitigate natural disasters, floods, or other aid not included in the approved priority list, units and localities must submit a written report to the Minister for reporting to the Government for consideration and decision.

4. For aid sourced from negotiations between units and foreign partners aimed at serving the research and experimental activities of the unit, heads of units shall independently select, decide, and bear personal responsibility. Negotiation results of programs and projects must be reported in writing to the Ministry in accordance with the Government’s ODA Management Regulation, the Prime Minister’s NGO Management Regulation, and relevant guidelines from the Ministry of Finance and related ministries.

Article 8. Assigning Program and Project Codes within the Industry

Programs and projects, after being compiled into the list of priority programs and projects of the industry, must register project codes with the Ministry, and the codes assigned to each program and project are retained by the International Cooperation Department in accordance with Decision No. 95/2001/QĐ-BNN dated September 21, 2001 issued by the Minister of Agriculture and Rural Development.

Article 9. Announcing the List of Programs and Projects Receiving Support

The Ministry of Agriculture and Rural Development is responsible for announcing in writing the list of priority programs and projects of the industry that have been approved by the Prime Minister and committed to be supported by donors to units and localities that have registered programs and projects.

Chapter III

PREPARATION, DEVELOPMENT, REVIEW CONTENT OF PROGRAMS AND PROJECTS

Article 10. Preparation of Programs and Projects

1. Establish a Program and Project Preparation Board or assign the lead unit to prepare the project (hereinafter referred to as the Program and Project Preparation Board):

a) Upon receiving an official written notification about the list of priority programs and projects approved by the Government and agreed to be considered by donors, the Minister issues a decision to establish the Program and Project Preparation Board. The Program and Project Preparation Board includes a Chairperson, some specialized staff, representatives of related units, and the unit entrusted by the Ministry to manage the implementation of the project.

b) The tasks of the Program and Project Preparation Board are carried out in accordance with Clause 2 of Article 13 of the Government’s ODA Management Regulation and the provisions of this Regulation.

c) The Program and Project Preparation Board prepares the content of the preparation plan for programs and projects in accordance with Article 14 of the Government’s ODA Management Regulation and the provisions of this Regulation.

2. Determination of foreign capital and counterpart funds for preparing programs and projects in accordance with Article 12 of the Government’s ODA Management Regulation and the regulations in the Prime Minister’s NGO Management Regulation.

Article 11. Content of investment programs and projects

1. The content of the pre-feasibility and feasibility study reports shall be in accordance with the provisions of Article 15 and Article 16 of the Government's Official Development Assistance Management Regulation and the donor's regulations.

2. Investment program and project reports must clearly state domestic sources of capital, foreign support sources, agreed conditions with the donor, and funding for inspection, evaluation activities of the program and project from the donor's funds or counterpart funds in accordance with the Government's Investment Management Regulation and the donor's regulations.

3. Investment and construction programs and projects must conduct bidding to select design consultants, construction contractors, purchase equipment, materials, and services for the project in accordance with the Government's Bidding Regulation, guiding documents of the Ministry of Planning and Investment, and the donor's regulations.

Article 12. Content of technical assistance program and project documents

1. Technical assistance programs and projects in agriculture and rural development include:

a) institutions, policies, laws;

b) human resource training for the sector;

c) technology transfer, scientific research cooperation;

d) knowledge and experience exchange in implementing programs and projects.

2. The content of technical assistance program and project documents shall be in accordance with the provisions of Article 17 of the Government's Official Development Assistance Management Regulation, Appendix 3 of Circular No. 06/2001/TT-BKH dated September 20, 2001 issued by the Minister of Planning and Investment, and the donor's requirements.

Program and project documents need to clearly specify the funding allocated for inspection, evaluation, and acceptance activities from foreign development aid or from Vietnam's counterpart funds.

Article 13. Non-project aid, humanitarian aid, and international conferences and seminars

1. For non-project aid

Units receiving non-project foreign support in the form of direct budgetary support for sectors, package aid, or through entrusted funds, non-project aid for research, information exchange, experience sharing, professional knowledge and skills training (except as provided in Articles 11 and 12) must submit reports to the Ministry through the Department of International Cooperation, detailing the aid method, content, recipients and beneficiaries of the aid, implementation period, and total funding. If the aid is in the form of goods (commodities, materials, equipment), cash, the quantity, list of donated items, and estimated total value of donated goods or cash must be specified.

2. For humanitarian aid

When units and localities suffer from natural disasters or calamities and need to mobilize urgent international relief, they must base their reports on specific losses in terms of people, property, and infrastructure in the agricultural and rural development sector, and submit them to the Ministry and the Department of International Cooperation for consolidation and submission to the Prime Minister for reporting to the Government to proceed with mobilizing international community relief.

3. For international conferences and seminars

The organization of international conferences and seminars supported financially by foreign aid sources for units must be carried out in accordance with the provisions of Decision No. 112/2001/QĐ-TTg dated August 21, 2001 of the Prime Minister on organizing and managing international conferences and seminars in Vietnam.

Article 14. Review of Programs and Projects

1. Conditions for Review

a) The project must be included in the priority list approved by the Minister and assigned a code number according to Article 8 of this Regulation, and must have been agreed upon by the Funding Source. If the project is outside the priority list, it can only be reviewed after receiving written approval from the Prime Minister regarding the principle agreement.

b) There must be valid program/project files, including:

(i) A proposal (official letter) requesting acceptance of the project from the proposing unit and locality, and registering to accept the project.

(ii) Project documentation or a preliminary feasibility study report, feasibility study report in eight copies (at least one original copy) for programs/projects within the Prime Minister's approval authority; and five copies (with at least one original copy) for programs/projects within the Minister's approval authority. The content of the documentation should be in Vietnamese and consistent with the basic outline of the program/project already approved by the Prime Minister.

(iii) Draft agreements or consent documents about the project to be signed between representatives of Vietnam and the Funding Source. At least five sets of documents in Vietnamese and another language proposed by the Funding Source are required for signing.

2. Contents of appraisal

a) The review content of investment construction projects shall be carried out in accordance with Article 27 of the Government's Investment Management Regulation and Circular No. 04/2003/TT-BKH dated June 17, 2003 issued by the Minister of Planning and Investment.

b) Other contents of the projects need to clearly demonstrate the necessity of having the project, specify its feasibility, objectives, financial mechanisms, implementation organization, economic-social benefits, security, environment, and resettlement compensation.

3. Review Timeframe (from the date all valid files are received)

a) For Group A investment projects, the review period shall not exceed 60 working days..

b) For Group B investment projects, the review period shall not exceed 30 working days.

c) For Group C projects and other remaining projects, the review period shall not exceed 15 working days.

4. Review Organization

a) The Minister establishes a Review Board for programs and projects funded by foreign sources.

b) Members participating in the review bear legal responsibility before the law and the Minister for the content of their contributions to programs and projects funded by foreign sources.

c) The review results are presented in a Review Report and accompanied by the files specified in point b, Clause 1, of this Article to be submitted to the Minister for approval.

Article 15. Preparation, Construction, and Review Costs for Programs and Projects

1. Preparatory funds for ODA programs and projects are implemented according to Article 12 of the Government's ODA Management Regulation, specifically as follows:

a) Preparatory funds for building ODA programs and projects provided by the state from the budget are planned and consolidated into the annual sectoral budget plan by the Ministry of Agriculture and Rural Development; in cases where the program or project does not coincide with the planning period, the Ministry sends a document to the Ministry of Planning and Investment and the Ministry of Finance requesting temporary funding from the central government's reserve fund.

b) Preparatory funds for ODA programs and projects provided by the state through loans or partial allocations are self-balanced and arranged by the project owner according to the regulations of the Ministry of Finance; units under the ministry acting as the main investor have their preparatory funds arranged by the Planning Department.

c) Preparatory funds for technical assistance projects (fully or partially financing preparatory costs for ODA programs and projects) are prepared by the benefiting unit, and the Ministry is responsible for incorporating them into the annual preparatory capital plan and reporting to the Ministry of Planning and Investment and the Ministry of Finance for consolidation and monitoring.

2. Review costs for investment projects are implemented according to Article 32 of the Government's Investment Management Regulation and Decision No. 15/2001/QĐ-BXD dated July 20, 2001 issued by the Minister of Construction on the issuance of Investment Consulting Standards and Construction, and Circular No. 109/2000/TT-BTC dated November 13, 2000 issued by the Minister of Finance guiding the collection, payment, and use of review fees.

For other projects, construction and review costs are taken from foreign support sources or state budget funds allocated to the project or from legitimate funds of the preparatory unit or the main project owner.

3. Depending on each program and project, counterpart funds may include the entire or some components and costs as stipulated below:

a) Preparatory funds for programs and projects with foreign development support as prescribed in point a, Clause 12 of Article 5 of the Government's ODA Management Regulation.

b) Preparatory and implementation funds for programs and projects with foreign development support as prescribed in point b, Clause 12 of Article 5 of the Government's ODA Management Regulation.

c) Counterpart funds for non-governmental programs and projects as prescribed by the State Budget Law and the Government's Decree on分级处理此文本并进行翻译：继续处理剩余部分。

4. The Preparatory Board shall prepare programs and projects to manage the funds for reviewing and feasibility studies of major programs, projects, and components; if units have programs and projects that they themselves build the content for, the review funds shall be retained within the managing unit.

Chapter IV

NEGOTIATION, SIGNING AND APPROVAL OF PROGRAMS AND PROJECTS

Article 16. Procedures for negotiating, signing, and approving program and project documents

1. Initial contact to determine programs, projects, and sources of support for drafting documents and signing project documents.

2. Units and localities draft program and project documents; complete procedures to submit to the Minister of Agriculture and Rural Development, requesting the Government's approval to commence negotiations with the donor.

3. The International Cooperation Department coordinates with units and localities to propose projects for the Minister to establish a negotiation team and prepare documents for submission to the Minister or Prime Minister for approval and signing with the donor.

4. Necessary files for approval and signing include one of the following documents: Agreement or Memorandum, Protocol, Memorandum of Understanding, Minutes, Donor’s Commitment Letter, Contract together with feasibility study report or project dossier, power of attorney (in case the signatory is authorized by a superior).

5. After concluding negotiations, the head of the negotiation team must submit a written report to the competent authority regarding the results of negotiations, contents, and agreed upon and signed documents with the foreign partner.

6. For programs and projects where the negotiation team is another leading agency, the Ministry of Agriculture and Rural Development is only a participating member, the Program and Project Preparation Board collaborates with the International Cooperation Department to prepare relevant document contents related to the sector, for approval by the Ministry's leadership as a basis for participation in negotiations, and after concluding negotiations, copies of the documents are sent to relevant units for implementation.

Article 17. Authority and Level of Signing for Program and Project Documents

1. Conducting negotiations and signing international treaties on foreign development assistance must be authorized in writing by the State President (for treaties signed in the name of the State), or by the Government (for treaties signed in the name of the Government).

2. Negotiations and signing of international treaties in the name of the Ministry of Agriculture and Rural Development on foreign development assistance must be authorized in writing by the Minister.

3. For cooperative programs and projects involving multiple countries (or regional projects involving multiple sectors and localities), where the Ministry of Agriculture and Rural Development is a participant, the Minister may authorize the heads of directly involved units to agree on sector-related contents.

Article 18. Management of Signed Documents and Exchange of Materials

1. Documents authorized by the Government for the Ministry of Agriculture and Rural Development to sign are kept at the Ministry of Foreign Affairs, with the original retained at the Ministry Office.

2. Other signed documents are managed as follows:

1. Supplementing Point 6a following Article 6 of Circular No. 02/2019/TT-BVHTTDL dated July 5, 2019 of the Minister of Culture, Sports and Tourism on the procedures for legal expertise regarding copyright and related rights as follows: The original is kept at the Ministry Office.

Copies are kept at the International Cooperation Department and related units.

3. The retention, access, exchange, provision of information, files, materials, and samples with foreign parties are carried out according to current laws of the state and the Ministry of Agriculture and Rural Development.

4. After the program and project are signed and approved, the Project Preparation Board is responsible for transferring all relevant documents and papers for implementing the program and project to the Project Director. Upon completion and commissioning of the project, the Project Director must submit the signed documents and project files to the Ministry's archive in accordance with the law.

Article 19. Competence to Approve Programs and Projects

1. Programs and projects belonging to Group A, technical assistance programs and projects with a capital amount of one million US dollars or more shall be approved by the Prime Minister in accordance with Clause 1 of Article 20 of the Government's Official Development Assistance Management Regulation and Clause 1 of Article 6 of the Prime Minister's Non-Governmental Organization Management Regulation.

2. The Minister of Agriculture and Rural Development shall approve programs and projects belonging to Groups B and C, and Group A projects authorized by the Prime Minister, and technical assistance projects with a capital amount under one million US dollars in accordance with Clause 2 of Article 20 of the Government's Official Development Assistance Management Regulation and Clause 2 of Article 6 of the Prime Minister's Non-Governmental Organization Management Regulation.

3. The Minister may authorize the heads of units to approve projects with a capital amount of up to five hundred million Vietnamese dong, and report in writing to the Ministry after signing the approval.

Chapter V

MANAGEMENT OF PROGRAMS AND PROJECTS

Article 20. Assignment of Responsibilities

1. Department of International Cooperation

a) The Department of International Cooperation is the lead agency assisting the Minister in mobilizing and attracting foreign support for priority programs and projects.

b) Coordinate with the Department of Cadre and Civil Service Affairs to propose the establishment of Project Preparation Committees, Project Management Committees, Project Management Offices (Project Offices), and Project Directors, to be submitted to the Minister for decision.

c) Take the lead and compile international cooperation programs, projects related to economic integration and foreign affairs of the sector, to be submitted to the Minister.

d) Participate or take the lead in drafting legal regulations, project management regulations, and international agreements related to international cooperation and economic integration of the sector, to be submitted to the Minister.

e) Lead or coordinate with relevant units to develop project documents with foreign funding according to the division of labor by the Ministry’s leadership; develop international economic integration programs and select partners for implementation.

f) Participate in review boards for basic investigation projects, planning projects, agricultural development investment projects, forestry, salt industry, irrigation, rural development, and other sectors related to agriculture funded by foreign investments.

g) Manage project files and assign project codes according to Decision No. 95/2001/BNN of the Minister of Agriculture and Rural Development.

h) Guide, monitor, and inspect the preparation of international cooperation programs and projects and the implementation of this regulation.

2. Planning Department

a) Lead in determining strategies, plans for areas and project categories that need to prioritize foreign support mobilization.

b) Be responsible for assisting the Ministry in assessing the alignment of project objectives and contents with the sector's development strategy and plan; related financial plans for program and project preparation and implementation.

c) Compile corresponding domestic and foreign financial plans for all projects under the Ministry and the sector, manage and balance annual investment plans, and guide project sponsors on implementation.

3. Finance Department

a) Guide project sponsors in establishing financial management regulations and standards for projects using foreign support implemented by units.

b) Guide project management offices (project offices) in preparing financial plans, disbursement, accounting systems, and financial reports to the Ministry and the Ministry of Finance in accordance with approved content and progress.

c) Be responsible for assisting the Ministry in auditing pre-project and project-related expenditure budgets.

d) Submit the Ministry for approval of annual expenditure budgets for programs and projects. Approve detailed budgets for project activities authorized by the Minister.

e) Conduct regular and irregular accounting audits of project management offices or project offices as directed by the Ministry’s leadership; audit and submit the Ministry for approval of annual project settlements; settle completed projects.

f) Upon project completion, guide the transfer of project assets and results to managing and using units in accordance with the law.

4. Department of Cadre and Civil Service Affairs

a) Propose the Minister to establish project preparation committees, project management committees, or project steering committees, project management offices (project offices) and prepare personnel for participation in project preparation committees, project management committees, or project management offices using foreign support.

b) Guide and assist in procedures related to the organization and personnel of project preparation committees, project management committees, or project steering committees, project management offices (project offices).

c) Guide project management offices in developing organizational and operational regulations, and monitor the implementation of these regulations.

5. Department of Science and Technology

a) Guide the construction of projects, organize scientific and technological and environmental reviews in programs and projects with foreign support before submitting them to competent authorities for approval.

b) Participate in supervising and inspecting the implementation of cooperative research and development projects in science, technology, and rural environment under the Ministry's management.

c) Examine and handle procedures for exchanging specimens (plants, animals, microorganisms...), technology, and scientific and environmental documents in rural development activities.

6. Legal Department

a) Coordinate with the Department of International Cooperation to draft cooperation and international integration documents, management regulations for sector programs and projects with foreign support.

b) Coordinate with the Department of International Cooperation to draft and review legal documents related to program and project preparation, negotiation, and signing.

7. Ministry Inspectorate

Conduct inspections of program and project implementation when there are signs of legal violations at the request of the Ministry’s leadership.

8. Construction Management Bureau

a) Carry out tasks and powers regarding the management of construction projects with foreign support in accordance with Clause 5 of Article 2 of Decision No. 95/2003/QĐ-BNN dated September 4, 2003, of the Minister of Agriculture and Rural Development on the functions, tasks, powers, and organizational structure of the Construction Management Bureau.

b) Approve construction design drawings and estimates for project components that are consistent with technical designs (or construction designs) and total estimates already approved within the scope assigned by the Ministry.

9. The specialized State management agencies shall be responsible for taking the lead or coordinating with the Department of International Cooperation and relevant units to carry out the following tasks:

a) Guide project sponsors in building and implementing projects in accordance with Vietnamese laws and agreements, treaties, and commitments made by Vietnam to countries and international organizations under their respective jurisdictions.

b) Review the technical contents of projects related to their specialized fields.

c) Monitor and coordinate the activities of foreign programs and projects with domestic activities to fulfill the specialized tasks managed by their respective agencies.

Article 21. Organization and human resources for implementing programs and projects

1. Project Sponsor

After the program or project has been signed, but before the agreement becomes effective, the Minister decides to assign the task to a subordinate unit of the Ministry or an entity under the Ministry to act as the Project Sponsor to manage and implement the project..

2. Project Management Board (or Steering Committee)

a) Based on the requirements, content, and scale of each project, a Project Management Board may be established. The Minister of Agriculture and Rural Development decides to establish the Project Management Board headed by a Deputy Minister or the head of a unit.

b) Members of the Project Management Board include representatives from ministries, sectors, localities, and relevant units as prescribed by the Government; it may also include representatives from donors.

c) The Project Management Board is tasked with supporting the supervising agency in matters such as:

Providing guidance on mechanisms, policies, and plans for coordinating the implementation of programs and projects.

Approving annual budgets for projects.

Deciding on fundamental measures to ensure the implementation of projects; inspecting, monitoring, summarizing, and concluding projects.

Considering adjustments to projects when necessary.

3. Project Management Office (Project Office)

a) The Project Management Office (for ODA projects) or Lead Unit (for NGO projects) is an agency representing the Project Sponsor, established by the Minister of Agriculture and Rural Development. The Project Management Office has its own seal, bank account, and national treasury account according to the regulations of the Project Sponsor (except where there is a different agreement with the donor in the project documentation).

Depending on actual circumstances and specific conditions, the Minister may assign the responsibility for managing newly approved programs and projects to the Central Project Management Offices (Agriculture CPO, Forestry CPO, Water Resources CPO) to implement the programs and projects. In this case, the Director of the CPO establishes a unit to manage the implementation of the programs and projects and is responsible to the Minister for all issues related to the implementation of the newly approved programs and projects.

b) The functions, responsibilities, organization, personnel, and operational regulations of the Project Management Office are stipulated in Clause 1 of Part V of Circular No. 06/2001/TT-BKH dated September 20, 2001 issued by the Minister of Planning and Investment and Article 25 of the ODA Management Regulations of the Government.

c) Personnel of the Project Management Office includes the Director (or Project Management Office Head), Deputy Director (if it is an ODA loan project), coordinator, chief accountant, appointed by the Minister after consideration. Other staff members in the Project Management Office are selected and appointed by the Project Director in accordance with the ODA Management Regulations, NGO Management Regulations, and other guiding documents of the Ministry of Planning and Investment.

4. The Project Director is the head of the Project Management Office, authorized by the Project Sponsor (and the Supervising Agency) to manage the project's accounts; represents the Project Sponsor in managing and directing the activities of the program and project; is responsible for managing the staff in the Project Management Office to implement the program and project content; is accountable to the Project Sponsor and the law for their actions.

Responsibilities of the Project Director:

a) Develop activity plans and budgets (monthly, quarterly, semi-annually, and annually) for the project, submit them to the competent authority for approval in accordance with the law.

b) Prepare plans and procedures to withdraw counterpart funds from the state budget and foreign funds according to the schedule recorded in the project documentation.

c) Adhere to financial regulations, statistical systems, accounting practices, and inspection and audit systems currently in force by the state.

d) Implement regular reporting (as stipulated in the approved project documentation) and extraordinary reporting (when required) to the Ministry (Department of Planning, Construction Management Bureau, Financial Department, Department of International Cooperation) using templates provided by the Ministry of Agriculture and Rural Development, relevant ministries, and the financial reporting and auditing requirements of foreign parties.

e) Take the lead in selecting domestic and international experts based on job descriptions and responsibilities, provide material and human resources support to conduct work according to the planned schedule.

f) Organize bidding to select design consultants, construction contractors, purchase equipment, materials, and services for the project in accordance with current state regulations and donor requirements.

g) Organize forces, means, and records to monitor and urge the implementation of project activities and components.

h) Manage the activities of project experts.

i) Conduct supervision, evaluation of project progress, interim summaries, and final conclusions of project progress at regular intervals and upon completion of the project, report results to the Ministry and the donor.

j) Perform other tasks assigned by the Minister.

Article 22. Adjusting and modifying the contents of programs and projects

Programs and projects that have been approved, when implemented, if there is a need for changes or adjustments, shall be carried out as follows:

1. The Project Management Board shall submit a document explaining the adjusted content and plan, which has been approved by the Project Steering Committee, to the Ministry (Department of Planning, Department of International Cooperation) for review or organization of assessment.

2. The form of assessment shall be conducted in accordance with Clause 2 of Article 31 of the Government's ODA Management Regulation and Clause 3 of Part V of Circular No. 06/2001/TT-BKH dated September 20, 2001 issued by the Minister of Planning and Investment.

3. The decision to adjust the program or project shall be made in accordance with Article 31 of the Government's ODA Management Regulation and Clause 3 of Part V of Circular No. 06/2001/TT-BKH dated September 20, 2001 issued by the Minister of Planning and Investment. In cases where it is necessary to amend or supplement international agreements already signed regarding ODA, such actions shall be carried out in accordance with the Ordinance on the Conclusion and Implementation of International Agreements.

Chapter VI

MONITORING AND EVALUATING THE IMPLEMENTATION AND RESULTS OF PROGRAMS AND PROJECTS

Article 23. Monitoring and evaluating the implementation of programs and projects

1. The Project Steering Committee is responsible for directing the Project Management Board to implement the approved project and program content accurately; monitoring and inspecting the activities of programs and projects funded by foreign sources regarding progress, disbursement results, project effectiveness, and regularly reporting to the Minister and state management agencies on ODA, non-governmental aid, and proposing solutions for necessary cases.

2. The Department of International Cooperation is the focal point for monitoring and guiding investors to conduct inspections and evaluations, or when necessary, proposing to the leadership of the Ministry to hire consultants to evaluate the implementation of programs and projects using foreign-funded sources within the sector.

3. The Project Management Board is directly responsible for managing and implementing the project, organizing annual, mid-term, and final evaluations; monitoring progress, disbursement results, and effectiveness, and regularly reporting to the Minister (Department of International Cooperation, Department of Finance, and Department of Planning) and state management agencies in accordance with laws and regulations of the Ministry.

4. In cases where the Project Management Board is assigned by the Minister to manage programs and projects funded by foreign sources, the Head of the Project Management Board must organize annual, mid-term, and final evaluations; monitor and inspect progress and disbursement results in accordance with the law.

Article 24. Reporting System for Program and Project Implementation

1. Quarterly, every six months, annually, and upon completion of the project, the Project Owner must prepare reports according to the templates specified in Appendices 4, 5, 7, 8, and 9 of Circular No. 06/2001/TT-BKH dated September 20, 2001 issued by the Minister of Planning and Investment, and send them to the Ministry of Planning and Investment, Ministry of Finance, and Ministry of Home Affairs (for administrative reform projects).

Monthly, for Group A programs and projects, the Project Owner must prepare reports according to the template specified in Appendix 6 and send them to the Project Steering Committee, the Department of Planning, and the Department of International Cooperation of the Ministry, simultaneously sending them to the Ministry of Finance and the Ministry of Planning and Investment.

2. The Project Management Board is responsible for submitting written reports on the implementation of programs and projects in accordance with the ODA Management Regulations, NGO Management Regulations, and guidelines from the Ministry of Finance and the Ministry of Planning and Investment; sending these reports to government consolidation agencies and concurrently sending them to the Department of Planning and the Department of Finance of the Ministry.

3. The Department of Planning is responsible for preparing quarterly, semi-annual, and annual reports, and final reports on programs and projects and sending them to the Ministry of Planning and Investment according to the templates specified in the ODA Management Regulations, NGO Management Regulations, and guidelines from the Ministry of Finance and the Ministry of Planning and Investment.

Article 25. Acceptance and Utilization of Program and Project Results

1. For investment construction programs and projects:

The Project Owner must comply with the State's regulations on acceptance, partial or full handover, asset registration, and settlement of funding sources in accordance with the laws on basic construction investment.

2. For technical assistance programs and projects:

The Project Owner must organize acceptance, utilization, and operation of facilities in accordance with the law; measures must be taken to maintain and enhance the effectiveness of the program or project.

3. All programs and projects, before being put into use (investment construction projects) or after completion (technical assistance projects), must undergo acceptance and utilization in compliance with this provision and the laws governing the use of foreign investments.

The acceptance costs for programs and projects must be recorded in the project documentation in accordance with Clause 12 of Article 5 and Article 11 of the Government's ODA Management Regulation, except for NGO grants.

Article 26. Inspection and Audit of the Acceptance, Management, and Utilization of Foreign Aid

1. Project sponsors, Project Management Boards, and Project Management Committees (assigned to manage projects) shall have the responsibility to regularly and periodically inspect the acceptance, management, and utilization of foreign aid for agricultural programs and rural development projects in accordance with the provisions of the law and regulations of the Ministry.

2. When necessary, the Minister shall decide to establish inspection and audit teams to examine the implementation of programs and projects funded by foreign aid in accordance with the provisions of the law.

3. Units and individuals assigned the responsibility to mobilize, attract, and utilize foreign aid sources that cause negative impacts and violate the management regulations of ODA, NGOs, and non-project activities will be disciplined, administratively handled, or criminally prosecuted according to the provisions of the law, depending on the severity of the violation.

Chapter VII

IMPLEMENTING PROVISIONS

Article 27. Projects Existing Before the Effective Date of this Regulation

Programs and projects funded by foreign aid being implemented at organizations, units, and localities before the effective date of this regulation, if not yet registered with the Ministry, must proceed to complete the project registration procedures in accordance with Decision No. 95/2001/QĐ-BNN dated September 21, 2001, of the Minister of Agriculture and Rural Development.

Article 28. Projects Established After the Effective Date of this Regulation

From the effective date of this regulation, agencies, units, and localities establishing agricultural and rural development programs and projects funded by foreign aid must comply strictly with the procedures and formalities stipulated in this regulation and the ODA Management Regulations and NGO Management Regulations issued by the Government.

Article 29. Amendment of the Regulation

During implementation, if there are difficulties, units and localities shall promptly report them to the Department of International Cooperation for consolidation and submission to the Minister for consideration and decision to amend and supplement the regulation to suit actual conditions.