Circular No. 49/2009/TT-BNNPTNT guiding the management and use of foreign aid sources under the Ministry of Agriculture and Rural Development

CIRCULAR

Guidelines for Managing and Utilizing Foreign Aid Resources

On the basis of the Law on the Organization of the Government dated June 19, 2015 and the Law amending and supplementing some articles of the Law on the Organization of the Government and the Law on the Organization of Local Governments dated November 22, 2019;

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Pursuant to Decree No. 01/2008/NĐ-CP dated January 3, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 131/2006/NĐ-CP dated November 9, 2006, of the Government promulgating the Regulations on Managing and Utilizing Official Development Assistance (ODA);

Pursuant to Decision No. 64/2001/QĐ-TTg dated April 26, 2001, of the Prime Minister promulgating the Regulations on Managing and Utilizing Non-Governmental Foreign Aid;

The Ministry of Agriculture and Rural Development hereby provides guidelines for managing and utilizing foreign aid resources under the purview of the Ministry of Agriculture and Rural Development as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

These guidelines regulate attracting, mobilizing, managing, and utilizing foreign aid resources, including Official Development Assistance (ODA) and non-governmental foreign aid (PCPNN), managed and utilized by the Ministry of Agriculture and Rural Development.

Article 2. Applicability

All units with state management functions and affiliated public service units under the Ministry (hereinafter referred to collectively as units) shall manage and utilize foreign aid resources under the purview of the Ministry of Agriculture and Rural Development.

Article 3. Foreign Aid Resources

1. Official Development Assistance (ODA) includes:

a. Non-reimbursable ODA programs/projects: This form of ODA does not require repayment to the donor;

b. Preferential loan ODA programs/projects: This is a loan with preferential conditions regarding interest rates, grace periods, and repayment terms, ensuring that the "non-reimbursable element" (also known as the "grant component") reaches at least 35% for tied loans and 25% for untied loans;

c. Hybrid ODA programs/projects: These include non-reimbursable grants or preferential loans provided concurrently with commercial credits, but the overall "non-reimbursable element" must reach at least 35% for tied loans and 25% for untied loans;

2. Non-governmental foreign aid from organizations includes:

a. Aid through programs/projects;

b. Non-project aid (including emergency relief) provided by foreign organizations and individuals, overseas Vietnamese, in the forms of financial support, in-kind donations, provision of equipment, technology (machinery, operational know-how), materials (goods, seeds, livestock, and biological materials), research and development, technical assistance, provision of experts, and training;

Article 4. Principles for Attracting, Managing, and Utilizing Foreign Aid Resources

1. Attracting, managing, and utilizing foreign aid resources must comply with current Vietnamese laws, ensure national security, enhance mobilization efficiency, and adhere to international treaties and agreements to which Vietnam is a party;

2. Ensure the consistency and coherence of regulations governing the management and utilization of foreign aid resources; ensure broad participation of relevant parties; simplify and harmonize procedures between the Ministry and donors; decentralize management and implementation, clarify responsibilities, strengthen supervision, and improve the effectiveness of foreign aid resources.

 

Chapter II

MOBILIZATION AND PREPARATION FOR RECEIVING FOREIGN AID RESOURCES

FROM ABROAD

Article 5. Priority areas for soliciting funding by the Ministry.

1. Rural infrastructure development (agriculture, forestry, fisheries, and irrigation) combined with poverty reduction and hunger eradication;
2. Disaster prevention and mitigation, disease control, and adaptation to global climate change;
3. Food security and food safety;
4. Environmental protection and natural resource management in rural areas;
5. Strengthening capacity, institutional framework, management, technology, human resource development, technology transfer, and enhancing research and implementation capabilities;
6. Other areas based on sectoral development strategies, plans, government regulations, and the Ministry's guidelines.

Article 6. Basis for proposing a list of programs and projects to attract and mobilize ODA funds.

Based on the Socio-Economic Development Strategy, Comprehensive Poverty Reduction and Growth Strategy (CPRGS), National Strategy for Foreign Borrowing and Debt Repayment, Medium-Term Public Debt Management Program, Cooperation Strategies between Vietnam and donors, and national and sectoral economic and social development plans (short-term, medium-term, long-term), the Ministry of Agriculture and Rural Development shall register annually a list of programs and projects to attract and mobilize ODA funds.

Article 7. Selection of priority programs and projects to attract and mobilize ODA funds.

1. Units shall proactively propose a list of programs and projects to attract and mobilize ODA funds and submit preliminary outlines of each program and project to the Department of International Cooperation along with the application form for the list of programs and projects requesting ODA funding, including: Official documents from the unit applying for registration of the list of programs and projects to attract and mobilize ODA funds, together with eight preliminary outlines of each program and project (each outline includes both Vietnamese and English versions).

2. The Department of International Cooperation shall take the lead in coordinating with relevant units to review and compile the list of programs and projects requesting ODA funding for submission to the Minister for consideration and issuance of a document to the Ministry of Planning and Investment.

3. The Department of International Cooperation shall take the lead in coordinating with units to prepare and develop detailed outlines and exchange with donors regarding the list of priority programs and projects for ODA funding mobilization by the Ministry of Agriculture and Rural Development for submission to the competent authorities for approval.

4. Detailed outlines of registered programs and projects must include the following main contents:

a. Name of the program/project and donor.

b. Managing agency of the program/project.

c. Project sponsor (investor) and cooperating agencies (if any).

d. Long-term objectives, short-term objectives, and key results of the program/project.

đ. Position, role, and contribution of the program/project to the planning and development of the sector.

e. Location of the program/project implementation.

g. Start and end dates of the program/project.

h. Main content, activities, outputs, and results of components, sub-components, or sub-projects.

i. Content of discussions with donors regarding commitments, conditions of the donor's grant, and obligations of the recipient.

k. Estimated limit and type of funds for the program/project.

l. Domestic financial sources and mechanisms for the program/project.

m. Overall plan and first-year implementation plan, monitoring and supervision plan for the program/project.

n. Organizational and project management capacity, sustainability upon completion, risk analysis, impacts of the program/project, and measures to address them (if any).

Article 8. Preparation of Programs and Projects

1. Preparation of Programs and Projects using ODA funds

Within five working days from the date of receipt of the official notification document approving the list of financial support from the Prime Minister, the Department of International Cooperation shall coordinate with relevant units to submit to the Minister for issuance of a decision on the Project Leader to carry out project preparation tasks. State management units under the Ministry shall only implement technical assistance projects related to strategic and sectoral policies, capacity-building projects, and institutional projects. Technical assistance projects for preparing projects to serve loan-funded projects will be mainly carried out by the loan project leaders.

The preparation of program and project contents in the officially approved list of financial support shall be conducted by the Project Leader in accordance with the provisions of Article 9.

2. Preparation of Programs and Projects and Non-project Aid using PCPNN funds

a. Through the Department of International Cooperation, units shall proactively propose, exchange, and prepare basic contents and preliminary memorandums of the donor, aid reception files, and submit documents to the Minister for review, approval, or reporting to seek government opinions.

b. The program and project documents supported by PCPNN organizations must fully reflect project information and basic contents as stipulated in the PCPNN Management Regulations, guiding documents, and donor requirements. Basic contents of the supporting documents should include:

- A brief description of the project;

- The necessity of the project (the position of the project and issues raised in the context of the industry, locality...);

- Project objectives: including long-term and short-term objectives;

- Project outcomes;

- Project activities;

- Project budget: (specific allocation for each activity and annually)

- Implementation plan for the project (if necessary, divided into implementation phases);

- Project effectiveness analysis: Preliminary financial efficiency assessment; Social efficiency, especially in enhancing and developing human resources; Environmental efficiency; Sustainability of the project in subsequent development processes.

c. Units utilizing non-project aid in the form of direct budget support, package aid, or through entrusted funds, PCPNN project aid for research, information exchange, experience sharing, training, and professional knowledge enhancement must submit reports to the Ministry through the Department of International Cooperation. These reports must clearly state the method, objectives, content, recipient and recipient of aid, implementation period, and total funding. For aid in the form of goods (commodities, materials, equipment) or cash, the quantity, list of donated goods, and estimated total value of donated goods in kind or cash must be specified.

3. Determination of Foreign Capital and Matching Funds for Program and Project Preparation

The Department of International Cooperation shall cooperate with the Planning Department and the Finance Department to develop a capital plan based on the proposal of the project leader or receiving unit and initial consensus with the donor.

Article 9. Contents of Program and Project Documents using ODA funds

1. Investment Programs and Projects

a. The feasibility study report and investment project report must comply with the Government's ODA Management and Utilization Regulations, investment and construction management regulations in the State Budget Law, Investment Law, Construction Law, Bidding Law, State Budget Law, and other guiding documents of the State and donor requirements;

b. The program and project documents must closely follow the detailed outline already approved, fully reflecting the basic contents at Clause 4, Article 7.

2. Technical Assistance Programs and Projects

The contents of the program and project documents for technical assistance programs must fully prepare the required documentation as stipulated in the Government's ODA Management and Utilization Regulations, guiding documents, and donor requirements, closely following the detailed outline already approved, fully reflecting the basic contents at Clause 4, Article 7.

Article 10. Content of Programs and Projects Using PCPNN Resources

The content of the program and project documents must be prepared fully in accordance with the Regulations on Management and Use of PCPNN Aid Resources and shall include the following basic elements:

- Objectives of the program and project consistent with government priorities;

- Feasibility of the program and project regarding management and implementation capacity; coordination mechanisms during implementation; and the contribution capability of Vietnam, especially counterpart funding;

- Rationality in the budget structure of the program and project for domestic and foreign experts; domestic and foreign training; equipment and materials; management costs and other expenses;

- Commitments, preconditions, and other conditions of the donor concerning the aid grant (if applicable); as well as commitments of Vietnam to implement the program and project;

- Effectiveness and sustainability of the program and project after completion;

Article 11. Program and Project Codes

Programs and projects included in the official priority program and project list of the Ministry will be assigned a project code by the Ministry. Information on the code assigned to each program and project will be retained by the Department of International Cooperation for consolidation and monitoring of foreign assistance under the Ministry.

The Department of International Cooperation will take the lead in coordinating the development and submission to the Minister for issuance of regulations on program and project codes for foreign-assisted programs and projects managed by the Ministry of Agriculture and Rural Development.

 

Chapter III

REVIEW AND APPROVAL OF CONTENT

PROGRAMS AND PROJECTS USING ODA FUNDS

Article 12. Review and Approval of Content of ODA Programs and Projects

1. Conditions for Review

a) Programs and projects within the approval authority of the Minister of Agriculture and Rural Development, listed in the priority mobilization program and project list of the Ministry, and having an agreement document from the donor. Programs and projects not listed can only be reviewed after receiving written approval from the Minister regarding the policy direction.

The Minister approves programs and projects that are not national key programs or projects accompanied by policy frameworks. For ODA programs and projects within the approval authority of the Prime Minister, the Department of International Cooperation will coordinate in preparing complete files and documents to submit to the central agency for review according to regulations.

b) A valid review file includes:

- Notification document from the competent authority regarding the official aid list;

- Proposal document requesting approval of the program and project from the unit;

- Program and project documentation (in both Vietnamese and the donor's language, if applicable) in five copies (at least one original copy). The content of the documentation must be consistent with the detailed program and project framework already approved.

- Relevant documents and responses from related agencies during the preparation of the program and project, and agreements, memoranda of understanding with the donor (or representative), and reports from the expert review team conducted at the request of the donor (if applicable);

- Financial reports of the project owner for the last three years, confirmed by the supervising agency (for programs and projects under the loan rescheduling mechanism).

- Draft agreement or agreement document about the project to be signed between representatives of Vietnam and the donor (if applicable).

2. Content, Process, and Timeframe for Review

a) The content, process, and timeframe for reviewing investment programs and projects are carried out in accordance with the Regulations on Management and Use of Official Development Assistance and current laws on investment and construction management such as the Construction Law, the Bidding Law, guiding documents, and donor regulations.

b) The content, process, and timeframe for reviewing technical assistance program and project documents are fully implemented in accordance with the Regulations on Management and Use of Official Development Assistance and guidance documents from relevant ministries and sectors.

c) The review and approval of documents for access programs or sectoral programs, regional programs where Vietnam is a participating party, follow the procedures stipulated in Point d of this Article.

d) The project owner cannot undertake the review of their own technical assistance project.

đ) Review Process:

- Step 1: Evaluate the validity of the submitted review file.

The validity of the review file must comply with the Regulations on Management and Use of ODA and guiding documents. The content of the documentation must align with the content in the approval document for the aid request list of the Ministry.

- Step 2: Consultation with related agencies and units.

After receiving a complete and valid file from the project owner, the Department of International Cooperation proposes the review method, establishes a review board, and sends the file along with a request for comments to related agencies and units before the review.

- Step 3: Conducting the Review.

The main reviewing unit selects one of two review methods (collecting written comments or direct comments at the review meeting) and proceeds to organize the review of the documentation contents.

- Step 4: Approval.

After completing steps 1, 2, and 3, the main reviewing unit prepares a review report on the program and project, compiles it together with related documents and a draft decision approving the project content, and submits it to the Ministry leadership for approval.

e) Timeframe for Review.

The review period shall not exceed 45 working days for investment programs and projects and 15 working days for technical assistance projects from the date all valid files are received as stipulated in Point b, Clause 1 of this Article.

Within ten days from the date of approval of the program and project, the main reviewing unit will cooperate with the project owner to prepare a file including the review report, the decision approving the program and project (certified copy), and the approved program and project documentation, and submit them to the Government Office, the Ministry of Planning and Investment, the Ministry of Finance, and related agencies.

Article 9. Timeframe for reviewing and soliciting opinions on the basic design of mining construction project investment plans

a) The International Cooperation Department shall take the lead in coordinating with the Planning Department, the Finance Department, and other competent state management units to organize the review.

b) Members participating in the review shall be responsible under the law and before the Minister for the contents of their contributions regarding programs and projects funded by foreign sources.

c) The results of the review shall be reflected in the Review Minutes accompanied by the file specified in point b, Clause 2, this Article and the Draft Decision submitted to the Minister for approval.

 

Article 13. Budget for preparing, establishing, and reviewing programs and projects

1. The preparation budget for programs and projects shall be implemented according to the Government's Regulation on Management and Use of ODA, specifically as follows:

a) The preparation budget for building ODA programs and projects that are allocated from the state budget shall be planned and consolidated into the annual budget plan of the Ministry of Agriculture and Rural Development by the Ministry of Agriculture and Rural Development; the Planning Department shall consolidate the needs, balance, and allocate funds for investment-oriented projects, while the Finance Department shall consolidate the needs, balance, and allocate funds for administrative and public service-oriented technical support projects.

In cases where the program or project does not coincide with the planning period, depending on the nature of the project, either the Planning Department or the Finance Department shall prepare documents to submit to the Minister for requesting provisional funding from the central government's contingency fund.

b) The preparation budget for programs and projects that are re-lent or partially allocated from the state budget: the Planning Department shall consolidate the needs, balance, and allocate funds for investment-oriented projects, while the Finance Department shall consolidate the needs, balance, and allocate funds for administrative and public service-oriented technical support projects.

c) The preparation budget for technical support projects (fully or partially funded by sponsors for the preparation of programs and projects): the beneficiary unit of the project shall prepare and include it in the annual preparation budget plan submitted to the Ministry.

d) ODA funds through technical support projects to prepare and establish investment programs and projects shall be prepared and submitted to the Ministry according to the plan by the International Cooperation Department in coordination with the project owner.

2. The use of counterpart funds for preparing programs and projects shall comply with the provisions of the State Budget Law and the Government's Decree on decentralized management, establishment, implementation, and settlement of the state budget. Depending on each program and project, counterpart funds may be used for all or part of the costs as stipulated and agreed upon in the signed documents.

3. The budget for establishing and reviewing programs and projects shall be sourced from foreign aid or state budget funds allocated to the project, or from legitimate funds of the project preparation unit or the project owner.

The review fee, collection, payment, and usage system for investment project reviews shall be carried out according to the Consulting and Construction Fee Standards issued by the Ministers of Construction and Finance.

5. The program/project owner shall manage the budget for preparing, establishing, and reviewing programs and projects and pay the construction and review units according to regulations.

 

Cfragrance IV

REVIEW AND APPROVAL OF CONTENT

PROGRAMS, PROJECTS AND NON-PROJECT ASSISTANCE USING PCPNN SUPPORT FUNDS

Article 14. Review and Approval.

1. The dossier for review and approval of program and project documents includes:

a) A proposal requesting approval from the program or project sponsor (the agency, unit, or organization receiving aid).

b) Original program or project documents in the language used by the donor and a Vietnamese translation agreed upon between the program/project sponsor and the donor.

c) A notification of the donor's commitment to provide aid or consider funding for the program or project.

d) A Memorandum of Understanding or Aid Agreement between representatives of the agency, unit, or organization receiving aid and representatives of the donor (if applicable).

đ) Comments from relevant agencies, units, or organizations regarding the aid program or project (if applicable).

e) Copies of the Permit issued by the Committee on Non-Governmental Organizations for non-governmental organizations; copies of the Registration for activities of non-governmental organizations (if applicable). In cases where there is no permit, the project sponsor must submit a detailed explanation to the Minister for consideration.

2. Review and approval of non-project aid grants.

a. Based on exchanges and agreements with the donor, the head of the unit reports to the Ministry through the Department of International Cooperation for consolidation and implementation, and is responsible before the Minister and the Law for matters related to receiving non-project aid grants. Financial management of projects for non-project aid grants must comply with the State Budget Law, Accounting Law, tax laws, and commitments signed with the donor.

b. When the Ministry of Agriculture and Rural Development is a party to an international agreement, the following documents must be prepared:

- A proposal requesting approval to receive aid from the unit.

- A draft Agreement on Aid between the donor and the Ministry (or the receiving unit), specifying the aid content, name of the donor organization, name of the receiving unit, list of goods and materials provided as aid and their estimated value, or total monetary value.

c. For emergency aid, in addition to the requirements mentioned above, it must clearly state the extent of damage, immediate essential needs that need to be addressed during the emergency period.

3. Procedures and deadlines for review and approval.

a. The Department of International Cooperation serves as the focal point for the Minister to receive dossiers, review, and submit for approval non-governmental organization aid grants for units under the Ministry according to regulations.

b. The procedures and deadlines for reviewing and approving programs and projects within the Minister’s approval authority are carried out in accordance with the Management Regulations for Non-Governmental Organizations and guiding documents, specifically as follows:

- Within five working days from receipt of a complete and valid dossier, the Department of International Cooperation sends a document (with attached program/project dossier) to relevant agencies, units, and organizations for comments and organizes a review meeting for the program/project.

- In cases where the review is conducted in writing, within fifteen working days from receipt of the Department of International Cooperation's request, related units must provide written comments. Failure to respond in writing beyond this deadline is considered agreement with the content of the documents.

- Within ten working days from receipt of written comments on the review from relevant agencies and organizations, the Department of International Cooperation compiles the review comments, submits them to the Minister for approval of the program/project; or advises the Minister to notify reasons for not approving and return the dossier to the program/project sponsor.

c. Procedures and deadlines for reviewing and approving non-project aid grants: Within five days from receipt of a valid request (with attached dossier) from the lead receiving unit, the Department of International Cooperation prepares a report for the Minister's approval or requests related units to examine the application for receiving aid.

Non-project aid grants implemented as programs or projects follow the review and approval procedures and processes outlined in paragraph b above.

Article 15. Budget for preparing, constructing, and appraising programs and projects

1. The preparation capital for programs and projects shall be implemented according to the Regulation on Management of Official Development Assistance (ODA) Projects issued by the Government, specifically as follows:

a) The construction preparation capital for ODA programs and projects shall be proposed by the unit and submitted to the Ministry through the Planning Department or the Finance Department for review and consolidation into the annual budget plan of the Ministry;

In cases where the program or project does not coincide with the planning period, depending on the nature of the project, the Planning Department or the Finance Department shall prepare documents to submit to the Minister for sending to the Ministry of Planning and Investment and the Ministry of Finance to request provisional funding from the central government's reserve fund;

b) The preparation capital for programs and projects that are subject to state loans from the budget or partial allocation: depending on the nature of the project, the Planning Department or the Finance Department shall take the lead in coordinating and allocating capital in accordance with the regulations of the Ministry of Finance;

2. Counterpart funds for programs and projects shall be governed by the Law on State Budget and the Government’s Decree on分级管理、编制、执行和决算国家预算。根据每个项目的特点，配套资金可用于全部或部分规定的费用及签订的文件。

3. The budget for establishing and reviewing programs and projects shall be sourced from foreign aid or state budget funds allocated to the project, or from legitimate funds of the project preparation unit or the project owner.

Depending on the nature of each program, project, and grant, the Planning Department and the Finance Department shall balance and allocate funds based on the proposals of the units assigned to prepare the programs and projects in accordance with the State Budget Law.

Article 16. Authority to Approve by the Minister.

The Minister shall approve programs, projects, and non-project grants with specific addresses, values not exceeding the approval authority delegated by the Prime Minister, and without contents related to institutional systems, policies, laws, administrative reform, information culture, religion, national defense, security, importing second-hand goods or items restricted for import by the Government.

For programs and projects within the approval authority of the Prime Minister, the International Cooperation Department shall take the lead in coordinating with relevant units to prepare complete documents in accordance with regulations to submit to the competent agency for appraisal by the Government.

 

Cfragrance V

NEGOTIATION AND SIGNING OF INTERNATIONAL AGREEMENTS AND DOCUMENTS FOR PROGRAMS AND PROJECTS

AND THE DOCUMENTS OF THE PROGRAM, PROJECT

Article 17. Authority and Level of Signing

1. Negotiations and signing of international agreements regarding foreign aid sources must comply with laws on signing, joining, and implementing international agreements, guiding documents, and other legal provisions.

2. Units negotiating and signing international agreements and accords under the name of the Ministry of Agriculture and Rural Development for foreign development assistance sources 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 negotiate contents related to the sectors managed by the Ministry.

Article 18. Procedures for Negotiation, Signing, and Approval

1. Units shall draft program and project documents, submit them to the Minister through the International Cooperation Department to exchange with sponsors to determine programs, projects, and aid sources for document drafting. Documents not within the Minister's signing authority shall be prepared by the International Cooperation Department for submission to the competent authority for review.

2. Documents signed within the signing authority of the Minister of Agriculture and Rural Development shall be handled by the International Cooperation Department to contact sponsors to determine the type of Treaty or Agreement.

3. Depending on the type of signed document, based on legal provisions in the "Law on Signing, Joining, and Implementing International Agreements" or the "Regulation on Signing and Implementing International Agreements," along with guiding documents, the International Cooperation Department shall coordinate with relevant units to propose the establishment of a negotiation team and preparation of related documents to the Minister.

4. Necessary documents for approval and signing include one of the following: Agreement, Accord, Memorandum, Minutes of Agreement, Minutes of Exchange, Cooperation Program, Cooperation Plan (or other names) together with the sponsor's commitment letter, project dossier, power of attorney (if the signatory is authorized by a superior).

5. After concluding negotiations, the head of the negotiation team must report in writing to the approving authorities on the results of negotiations, contents, and agreed documents signed with foreign counterparts.

6. For programs and projects where the negotiation team is another entity outside the main department, the Ministry of Agriculture and Rural Development being only a participating member, the International Cooperation Department shall coordinate with the Project Leader to prepare relevant document contents related to the sector, propose a list of the negotiation team members of the Ministry for leadership approval to serve as the basis for participation in negotiations. After concluding negotiations, there will be a report to the Ministry and copies of the documents sent to participating members and relevant units for implementation.

7. The International Cooperation Department shall take the lead in coordinating with the Project Leader and relevant units to organize the signing of program and project documents according to the Minister's assignment.

Article 19. Management of signed documents and exchange of materials

1. Documents authorized by the Prime Minister for the Minister of Agriculture and Rural Development to sign shall be kept in the original at the Ministry's Office and copies at the Department of International Cooperation and related units.

2. The retention, access, exchange, provision of information, files, and specimens with foreign parties shall be carried out in accordance with current laws and regulations of the State and the Ministry of Agriculture and Rural Development.

3. After the program/project has been signed and approved and the project director appointed, the project owner shall be responsible for transferring all relevant documents and papers to the project director for the implementation of the program/project.

4. Upon completion and commissioning of the program/project, the project director must submit and archive at the Ministry all signed documents and project files in accordance with the law.

 

Cfragrance VI

MANAGEMENT OF THE IMPLEMENTATION OF PROGRAMS AND PROJECTS

Article 20. Allocation of Responsibilities

1. International Cooperation Division

Implement duties and authorities regarding foreign aid sources in accordance with Decision No. 11/2008/QD-BNN dated January 28, 2008, issued by the Minister of Agriculture and Rural Development on the functions, tasks, powers, and organizational structure of the Department of International Cooperation, and this Regulation, including:

a) Lead in drafting and submitting to the Minister for promulgation legal instruments and international agreements related to foreign aid sources within the sector;

b) Lead in coordinating with donors and related agencies to prepare, develop, review, approve negotiations, propose implementing agencies and directors for programs/projects funded by foreign aid within the sector. For projects financed by loans, where negotiations with donors are led by other agencies outside the Ministry (as per the Prime Minister’s assignment), the Department of International Cooperation shall present to the Ministry leadership a list of the negotiation delegation from the Ministry and serve as the head of the Ministry's delegation in negotiations with other ministries;

c) Propose implementing agencies and directors for programs/projects funded by foreign aid within the sector;

d) Guide, monitor, evaluate, and periodically report to the Ministry leadership and the Administrative Council on the management and implementation of foreign aid in areas under the Ministry's jurisdiction;

đ) Coordinate with donors and related agencies to monitor, evaluate, and periodically report in accordance with regulations;

2. Planning Department

Implement duties and authorities regarding foreign aid sources in accordance with Decision No. 08/2008/QD-BNN dated January 28, 2008, issued by the Minister of Agriculture and Rural Development on the functions, tasks, powers, and organizational structure of the Planning Department;

Lead in coordinating with the Department of International Cooperation in implementing the Regulation in strategic, planning, investment development areas under the Ministry's jurisdiction. Allocate counterpart funds for projects using foreign aid with an investment nature within the Ministry.

3. The Finance Department

Implement duties and authorities regarding foreign aid sources in accordance with Decision No. 09/2008/QD-BNN dated January 28, 2008, issued by the Minister of Agriculture and Rural Development on the functions, tasks, powers, and organizational structure of the Finance Department;

Lead in coordinating with the Department of International Cooperation in implementing the Regulation in financial, accounting, pricing areas under the Ministry's jurisdiction. Lead in allocating counterpart funds for projects using foreign aid with an administrative and public service nature within the Ministry. Develop and issue regulations and guidelines on managing foreign aid finances under the Ministry's jurisdiction. Review final accounts of programs/projects and non-project support annually and upon completion of the program/project.

4. The Organization and Cadre Affairs Department

Implement duties and authorities regarding foreign aid sources in accordance with Decision No. 13/2008/QD-BNN dated January 28, 2008, issued by the Minister of Agriculture and Rural Development on the functions, tasks, powers, and organizational structure of the Cadre and Civil Servant Organization Department;

Lead in coordinating with the Department of International Cooperation in implementing the Regulation in organizational structure, staffing, cadres, training, commendation, discipline, and policies for cadres, civil servants, and employees under the Ministry's jurisdiction.

5. Inspectorate

Implement duties and authorities regarding foreign aid sources in accordance with Decision No. 14/2008/QD-BNN dated January 28, 2008, issued by the Minister of Agriculture and Rural Development on the functions, tasks, powers, and organizational structure of the Inspectorate;

Lead in coordinating with the Department of International Cooperation and functional units in inspection, audit, and anti-corruption work in the implementation of foreign capital.

6. Sectoral Management Units under the Ministry

In accordance with their functions, tasks, and authorities, sectoral management units are responsible for leading or coordinating with the Department of International Cooperation and related units to implement this Regulation;

7. Units assigned as program/project owners (project sponsors for investment projects)

Units assigned by the Minister to be program/project owners shall be responsible for organizing and implementing programs/projects and establish a management unit to carry out the program/project. The head of the unit shall be accountable to the Minister for all issues related to the management and implementation of the assigned program/project;

Agricultural Project Management Boards, Forestry Project Management Boards, and Central Project Management Boards for irrigation projects (collectively referred to as Boards) are assigned to be project sponsors for loan-funded programs/projects and technical assistance projects supporting loan-funded programs/projects using foreign aid sources according to the Minister's assignment.

Article 21. Organizational structure and human resources for implementing ODA programs and projects

1. Project Steering Committee (also referred to as Program Management Board)

Based on the requirements, content, and scale of each project, the Minister shall issue a decision to establish the Project Steering Committee. The Department of Organization and Cadres shall take the lead in coordinating with the Department of International Cooperation to propose the composition, tasks, and functions of the Project Steering Committee for submission to the Minister to issue a decision.

2. Program and Project Manager (Project Manager)

After being officially notified of the list of funding sources, the Department of International Cooperation shall submit to the Minister a decision assigning the task of managing the project to a unit under the Ministry (the Project Owner for investment projects). The functions and responsibilities of the Project Owner are specifically stipulated in the Government's Regulation on Management and Utilization of ODA and other current regulations.

3. Program and Project Management Board (Project Management Board)

a. The Program and Project Management Board (for ODA programs and projects) or the Lead Unit (for PCPNN projects) shall be established by the Minister or the Project Owner and shall be responsible for managing and implementing the project based on the functions, tasks, and authorities of the supervising agency and the Project Owner, according to the Investment Decision or the Decision approving the program/project, and according to international agreements or accords signed with the donor;

b. The functions, tasks, and organizational structure of the Project Management Board (PMO) are regulated in the Government's Regulation on Management and Utilization of ODA and related guiding documents.

c. Key personnel of the Project Management Board includes the Director (or called the Head of the Project Management Board), Deputy Director (if any), Chief Accountant appointed and dismissed by the agency deciding to establish the PMO. Other staff members of the Project Management Board are selected and decided upon by the Project Director in accordance with the Government's Regulation on Management and Utilization of ODA, the Regulation on Management of PCPNN, and related guiding documents.

4. Director of the Project Management Board

The Director of the Project Management Board (project director) is the head of the Project Management Board, responsible for all activities of the Project Management Board before the Project Owner and under the law regarding management and organization of the implementation of the project according to signed documents, state regulations, and donor regulations. The Project Owner appoints and dismisses the Director of the Project Management Board after consulting with the Department of International Cooperation and the Department of Organization and Cadres.

5. Sub-project Component Manager (or component - if applicable) of projects where the Ministry of Agriculture and Rural Development is the supervising agency: Is the level that decides investment in sub-projects within its jurisdiction or field of responsibility, responsible for directing and bearing full responsibility from preparation, construction, review, approval of sub-projects and implementation stages.

6. Sub-project Component Manager of projects where the Ministry of Agriculture and Rural Development is the supervising agency: Shall be established and assigned tasks by the Sub-project Component Manager to manage and organize the implementation of all tasks, rights, and responsibilities of the Project Owner (Project Investor) for the sub-project or project component according to the Project Document, state regulations, and donor regulations.

Article 22. Implementation of PCPNN Programs and Projects

Based on the requirements, content, and scale of each program/project and agreement with the donor, the Project Owner shall develop a management regulation for the program/project ensuring effective management and responsibility for mobilized resource utilization, if necessary, the Project Owner may have a document submitted through the Department of International Cooperation to the Minister for consideration and decision.

After the program/project is approved, the Project Owner is responsible for completing the registration confirmation procedures for aid in accordance with the prescribed process and timeline by the Ministry of Finance.

Article 23. Adjustment and amendment of the contents of programs and projects

During the implementation of programs and projects, if there is a need for changes or adjustments, they shall be carried out as follows:

a. The project owner (or the recipient of aid) shall submit a written explanation regarding the content and plan that need to be adjusted through the Department of International Cooperation for appraisal and submission to the Minister for approval or seek opinions from competent authorities.

b. The form of appraisal shall be conducted in accordance with the Regulations on Management and Use of ODA, the Regulations on Management of PCPNN issued by the Government, and related guiding documents.

c. The decision to adjust programs and projects shall be implemented in accordance with the Regulations on Management and Use of ODA, the Regulations on Management of PCPNN issued by the Government, and related guiding documents. In cases where it is necessary to amend or supplement international treaties or agreements already signed, such actions shall be carried out in accordance with the provisions of the "Law on Joining, Signing and Implementing International Treaties" and related guiding documents on procedures and formalities for signing and implementing international treaties, the "Ordinance on Signing and Implementing International Agreements," and related guiding documents.

 

 

 

 

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MONITORING AND EVALUATION OF IMPLEMENTATION

Article 24. Monitoring and Evaluation of Implementation

1. The Department of International Cooperation shall organize monitoring and guide the project owners to conduct inspections, evaluations, or when necessary, propose to the Ministry's leadership to hire consultants (or cooperate with donors) to evaluate the implementation of programs and projects managed and supervised by the Ministry.

2. The project owner is responsible for directing the Project Management Board to implement the approved program and project content; monitor and inspect the progress, disbursement results, effectiveness of the program and project, report periodically to the Minister (through the Department of International Cooperation) and state agencies managing ODA and PCPNN, and propose measures to address situations as required by regulations.

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, effectiveness, and reporting periodically to the project owner and relevant state management agencies as prescribed.

4. The funding allocated for inspection, evaluation, and acceptance activities from foreign development assistance or from Vietnam's counterpart funds must be clearly stipulated in the program and project documentation.

The costs for inspection, supervision, and evaluation activities by the supervising authority shall be arranged by the Finance Department based on the proposal of the Department of International Cooperation according to the annual plan approved by the Minister.

Article 25. Reporting System

The project owner must regularly or urgently report on the implementation situation and financial reports of programs and projects in accordance with the prescribed formats and schedules of relevant functional agencies to the Department of International Cooperation, the Planning Department, the Finance Department, and related agencies and units.

Programs and projects under ODA must be reported quarterly, semi-annually, annually, mid-term, and at the end of the project in writing and via email in accordance with the prescribed reporting system and format; group A investment projects must prepare monthly reports in the prescribed format and send them to the Department of International Cooperation and related agencies and units within the Ministry and state agencies responsible for consolidation.

Programs and projects under PCPNN must be reported semi-annually, annually, and at the end of the project. The project owner must prepare written and email reports in accordance with the prescribed reporting system and format and send them to the Department of International Cooperation and related agencies and units and state agencies responsible for consolidation.

Article 26. Acceptance, Utilization of Program and Project Results

1. Programs and Projects on Investment Construction:

The Project Owner must comply with the State's regulations on acceptance, partial or full handover, inventory, formulation of handling plans, registration of assets, and settlement of support sources according to the laws on investment construction and the State Budget Law, current State regulations, and donor regulations.

2. Programs and Projects on Technical Assistance:

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

3. All programs and projects, before being put into use (investment construction projects) or after completion (technical assistance projects), must complete acceptance, settlement, and summary for use in compliance with this Article and the laws governing the sustainable use of foreign investment sources.

4. The acceptance costs for programs and projects must be recorded in the project documentation as stipulated in the ODA Management and Usage Regulations and the PCPNN Management Regulations issued by the Government.

Article 27. Inspection and Audit of Foreign Aid Reception, Management, and Use

1. Project Owners and Project Management Boards have the responsibility to regularly inspect the reception, management, and use of foreign aid for programs and projects in accordance with the law and the Ministry's regulations.

2. When necessary, the Minister decides to establish inspection and audit teams for the implementation of programs and projects funded by foreign aid according to the law.

3. Units and individuals responsible for mobilizing, attracting, and using foreign aid who engage in misconduct or violations of ODA management, PCPNN management, and non-project activity management will be disciplined, administratively handled, or criminally prosecuted according to the law, depending on the severity of the violation.

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IMPLEMENTING PROVISIONS

Article 28. Effective Date

1. This Circular takes effect forty-five days from the date of signature and replaces relevant provisions of Decision No. 45/2004/QĐ-BNN dated September 30, 2004, issued by the Minister of Agriculture and Rural Development on the Management and Use of Foreign Aid in the Agriculture and Rural Development Sector.

2. Programs and projects receiving foreign aid that are ongoing and conclude before the effective date of this Regulation shall continue to apply the provisions of Decision No. 45/2004/QĐ-BNN dated September 30, 2004, issued by the Minister of Agriculture and Rural Development. For work carried out after the effective date of this Circular, the project owner is responsible for proposing necessary adjustments and implementing them according to the new Regulation.

Article 29. Responsibility for Implementation

The Director of the Ministry’s Office, the Director of the International Cooperation Department, and the Heads of units under the Ministry are responsible for enforcing this Circular.

During implementation, if any issues arise, units must promptly report them to the International Cooperation Department for consolidation and submission to the Minister for review and decision to amend and supplement as appropriate to the actual situation./.