Circular 01/2014/tt-Bkhđt: A Guide To A Number Of Articles Of Decree No. 38/2013/nd-Cp On April 23, 2013 Of The Government On The Management And Use Of Sources Of Official Development Assistance (Oda) And The V. ..

Original Language Title: Thông tư 01/2014/TT-BKHĐT: Hướng dẫn một số điều của Nghị định số 38/2013/NĐ-CP ngày 23 tháng 4 năm 2013 của Chính phủ về quản lý và sử dụng nguồn hỗ trợ phát triển chính thức (ODA) và nguồn v...

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DEPARTMENT OF PLANNING AND INVESTMENT
Number: 01 /2014/TT-BKHT
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 9, 2014

IT ' S SMART

Guide some of the provisions of the Protocol 38 /2013/NĐ-CP April 23

2013 Government of Management and Use of Development Support

official (ODA) and the preferable source of funding of donors

______________________

Base of Protocol 38 /2013/NĐ-CP April 23, 2013 of the Government on Management and Use of the Official Development Assistance (ODA) and the Preferable Loan Source of the sponsors;

Base of Protocol 116 /2008/NĐ-CP November 14, 2008 the Government regulates the functions, duties, powers, and organizational structure of the Ministry of Planning and Investment;

On the recommendation of the Chief Economic Affairs chief;

The Minister of Planning and Investment Board of Investment guides some of the provisions of the Digital Protocol. 38 /2013/NĐ-CP April 23, 2013 of the Government on Management and the Use of Official Development Assistance (ODA) and the funding of the sponsors.

Chapter I

COMMON RULES

What? 1. The adjustment range

This information instructs some of the provisions of the Digital Protocol. 38 /2013/NĐ-CP April 23, 2013 of the Government on Management and Use of the Official Development Assistance (ODA) and the Preferable Loan Source of the Donors (the following call for Protocol) 38 /2013/NĐ-CP ) according to Regulation 1 Article 70 of the Digital Decree 38 /2013/NĐ-CP.

What? 2. ODA capital donors and preferable borrower

ODA capital donors and preferable borrowing capital include:

1. bilateral sponsors:

Governments of Ireland, England, India, Austria, Poland, Belgium, Canada, Canada, Canada, Canada, Germany, Denmark, Germany, Netherlands, South Korea, Hung-ga-ri, I-i-li-a, Time-tattoo, Ma-ga-a, USA, Norway, Japan, Niu-di-lai, Ou-di-li-a, Finland, France, Czech, Spain, Thailand, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Switzerland, Sweden, Switzerland, Sweden, Switzerland, Switzerland, Sweden Classic, Swiss, Chinese, beautiful-ga-po, India.

2. Multimedia sponsors:

a) The institutions and the international financial funds:

The World Bank Group (WB), the International Monetary Fund (IMF), the Asian Development Bank (ADB), the International Development Fund of the OPEC Petroleum Exexporting Countries (OFID), The Coat Fund, the Arab Investment Fund, the Nordic Development Fund (NDF), the Nordic Investment Bank (NIB).

b) International and intergovernmental organizations:

The European Union (EU), the United Nations High Commissioner for Refugees (UNHCR), the United Nations General Program on the Prevention of HIV/AIDS (UNAIDS), the United Nations Development Programme (UNDP), the United Nations Environment Programme (UNEP), the Program Human settlement of the United Nations (EUNABITAT), the United Nations Volunteer Programme (UNV), the United Nations Agency for Gender equality and the elevation of power to women (UN Women), the United Nations Conference on Trade and Development (UNCTAD), Organism of the United Nations. Culture, Science and Education of the United Nations (UNESCO), the Organization for Agriculture and Food of the United Nations (FAO), the Foundation. International Labor (ILO), the World Health Organization (WHO), the International Organization for Migration (IOM), the United Nations Industrial Development Organization (UNIDO), the United Nations Children ' s Fund (UNICEF), the United Nations Population Fund (UNFPA), the Agricultural Development Fund, and the United Nations. International (IFAD), the Global Environment Fund (GEF), the United Nations Development Investment Fund (UNCDF), the Global Fund for AIDS, TB and Malaria, the International Trade Center (ITC), the United Nations Drug Enforcement and Crime Agency (UNODC).

3. Other donors provide ODA and loan incentives to the State and Government of the Socialist Republic of Vietnam.

What? 3. Manage and use non-project aid

1. Non-project aid includes:

a) The individual grants, which do not constitute a specific project offered in the form of: money, artifacts, procurement of goods, professionals, conference activities, seminars, training, research, exploration, training.

b) Emergency aid funds to rectify the consequences in emergencies such as natural disasters, epidemics or other disasters, and extend for up to 3 months from the time of the emergency.

2. The management and use of the applicable non-project aid is similar to that for programs, projects at the Digital Agenda. 38 /2013/NĐ-CP and this Privacy, except the specified process and content of the specified appraisal at paragraph 4 Article 12 of this Privacy.

What? 4. Private sector access to ODA capital and preferable loan capital at paragraph 1 Article 9 of the Digital Protocol 38 /2013/NĐ-CP

1. For the specified case at Point A 1 Article 9 of the Digital Protocol 38 /2013/NĐ-CP:

The project owner of the private sector sends a loan-to-loan scheme under the regulation of the financial institution, domestic credit to financial institutions, that credit to implement activities in accordance with the international treaty of these capital and compliance. Financial, credit.

Financial institutions, domestic credit, consider lending to the existing regulations of legislation on lending to foreign loans of government.

2. For the case of participation in the implementation of programs, the project belongs to the priority areas using ODA capital and government preferable loans in the form of state budget for the loan of regulation at point b 1 Article 9 of the Digital Protocol. 38 /2013/NĐ-CP:

Follow the regulation on lending to foreign loans of government and other provisions of the existing law.

3. For the specified case at Point 1 paragraph 1 Article 9 of the Digital Protocol 38 /2013/NĐ-CP:

The project owners of the private sector propose and implement the program, which follows the provisions of the existing law on investment in the form of public partnerships.

4. For the specified case at Point D 1 Article 9 of the Digital Protocol 38 /2013/NĐ-CP:

a) For programs, the project in the stage of the Sponsorship Portfolio:

The governing body that proposes the program, the project with the goal of supporting the private sector to inform the organizations, the private sector unit with the need to conform to the program ' s private sector support goal, the project to submit a component project proposal (for the program). the project, the umbrella project) or the part of the program, the project that the organizations, this unit engaged in. The composite master body, the choice of the component project proposals component or in part to build program proposals, project and conduct further procedures stipulated at the Digital Agenda. 38 /2013/NĐ-CP and this message;

b) For programs, the project has signed the specific International Convention on ODA and preferable borrowing:

In the course of the program, the project has specifically defined organizations, the private sector unit participating in the program, the project, the program governing body, the notification project for organizations, the private sector unit to participate in the program, project on the basis of the project. The specific international wish for ODA and preferable loan capital has signed.

In the program case, the project was not specifically defined by organizations, the private sector units participating in the program, the project, the program governing body, the announcement project for organizations, the private sector unit with the need to fit the private sector support target. the program of the program, the project sends the work and the documents at the request of the proposal to participate in the program, the project. The program's governing body, the project that decides the participation of the program, the organization's project, the private sector unit on the basis of the specific international Convention on ODA and the already signed preferable loan.

Chapter II

BUILD AND APPROVE THE PORTFOLIO OF FUNDING

What? 5. Build and approve the Prescribed Sponsorship Portfolio at Article 13 of the Digital Protocol 38 /2013/NĐ-CP

1. On the basis of cooperation orientation and the priority sector of the Government and the sponsor for each period of the Ministry of Planning and Investment, the need to mobilize and use its ODA capital and preferable capital, the governing body to the Ministry of Planning and Investment. The document offers the funding accompanying the Program Proposal, the project under the specified template at Annex Ia or the Proposal for non-project aid in the prescribed form at Appendix Ib of this Information (later called Proposal). The proposal was made up of 8 copies in two languages (Vietnam and England) that stamped the confirmation of the governing body.

2. The Ministry of Planning and Investment, in collaboration with the Ministry of Finance, the relevant agencies review and exchange with the sponsor selection of appropriate proposals based on the following bases:

a) the priority area and the basis of the ODA advocacy and preferable loan capital at Article 7 and Article 11 of the Digital Protocol 38 /2013/NĐ-CP;

b) The level of priority in cooperation with the sponsor in each period.

3. After the selection of the appropriate proposals, the Ministry of Planning and Investment informs the co-ordination agency and the co-ordinated sponsor of the Program Proposal project, the project under the prescribed pattern at Annex IIa or the Project Non-Project Assistance Project in Annex. Ib of Decree Number 38 /2013/NĐ-CP (The following is called the Proposition).

For the program, the umbrella project, the program ' s governing body, the presiding umbrella project, in collaboration with the project governing body component of the Proposition Building in accordance with the prescribed pattern at Annex IIa issued with the Digital Protocol. 38 /2013/NE- CP, which must clearly show the powers and obligations of the program 's governing body, the umbrella project with the leading role of coordinating and presiding over the organization' s implementation of joint operations of the program, the umbrella project; the powers and obligations of the project ' s governing bodies. component to the role in coordination with the program ' s governing body, the umbrella project and the primary responsibility for the project component due to its management and execution.

Program scheme, the umbrella project must include:

a) Content of component projects including project name, master body and project owners, objectives and key results, maximum time execution, capital limits, resources and financial mechanisms in the country, pre-implementation activities (if any);

b) The coordination method, management mechanism and implementation of the program, automotive project and component projects.

4. For the Sponsored Portfolio of the Prime Minister ' s approval at paragraph 1 Article 14 of the Fourth Protocol. 38 /2013/NĐ-CP:

a) The governing body for the Ministry of Planning and Profile includes:

-Office of the Ministry of Planning and Head of Government Appropriation Appropriation List;

-Program scheme, project, or non-project aid set up to 8 copies in two languages (Viet and UK) have the confirmation stamp of the governing body;

-Text, documentation of the ability to collect ODA funding and the sponsor's interest in the regulation at paragraph 6 This. Documents, documents in foreign languages must have an accompanying translation of the Vietnamese language.

b) The process of construction and approval of the Implementation Portfolio in accordance with Regulation 3 Article 13 of the Digital Protocol 38 /2013/NĐ-CP.

5. For the Approved Jurisdiction of the Regulatory Authority of the governing body at paragraph 2 Article 14 of the Digital Protocol 38 /2013/NĐ-CP:

a) The master body profile sends the Ministry of Planning and Investment, the Ministry of Finance and related agencies including:

-Program scheme, project, or non-project aid set up to 8 copies in two languages (Viet and UK) have the confirmation stamp of the governing body;

-Text, documentation of the ability to collect ODA funding and the sponsor's interest in the regulation at paragraph 6 This. Documents, documents in foreign languages must have an accompanying translation of the Vietnamese language.

b) The process of construction and approval of the Catalogue of the Implementation Pursuits At Paragraph 4 Article 13 of the Digital Protocol 38 /2013/NĐ-CP.

6. Text, documentation on the ability to obtain the source of the ODA capital and preferable loan capital includes one of the following documents, documents:

a) Text, documentation on development cooperation programs, state cooperation strategies of the sponsor, in which the program, project, or non-project aid is in the category of funding review;

b) The documents agreement on the ability to sponsor between the agencies, the Vietnamese organization and the competent representative of the sponsor;

c) The sponsor's letter informs the agencies, the organization of Vietnam on the commitment to funding or the possibility of funding.

What? 6. Build and approve the Sponsorship Portfolio for Exceptions

1. The financing case provides ODA and preferable loans but has yet to develop a development cooperation program with Vietnam: On the basis of an active understanding of information, policy and priority areas of the sponsor, the governing body sent the Ministry of Planning and Investment. The proposed grants are included in accordance with the provisions of this Article 5. The next steps are made in accordance with the Regulations 3 and 4 Article 13 of the Digital Protocol 38 /2013/NĐ-CP And the provisions of 3.4.5 and 6 Articles 5 of this information.

2. The case of a proactive sponsor and agreement with the governing body for the funding of the program, project or non-project aid:

a) The governing body that sent the Ministry of Planning and Public Investment attached to the filing included:

-Program scheme, project, or non-project aid set up to 8 copies in two languages (Viet and UK) have the confirmation stamp of the governing body;

-Text, documentation of the ability to collect ODA funding and the sponsor's interest in regulation at paragraph 6 Article 5 This message. Documents, documents in foreign languages must have an accompanying translation of the Vietnamese language.

b) The proposed work base of the governing body, for a period of 5 working days, the Ministry of Planning and Investment sent the Ministry of Finance and relevant agencies to offer recommendations for the program Project, the project.

c) For a 15-day period of work since the date of receiving the proposed public offering of the Ministry of Planning and Investment, the Ministry of Finance and the relevant agencies are concerned with a written opinion of the Ministry of Planning and Investment.

d) In the 15-day period of work since the date of receiving the accepted text of the relevant bodies:

-The case does not have to complete the Proposal: Ministry of Planning and Investment Consultated and the Prime Minister decides whether to approve the Sponsorship Portfolio or inform the governing body to approve the portfolio of funding under jurisdiction.

-The case needs to complete the Proposal: In the 5-day period of work since the date of receiving the recommended text of the agencies, the Ministry of Planning and Investment informs the co-ordinated body of coordination with the completed sponsor of the Scheme As The Basis For Approval. The list of grants under jurisdiction.

3. The case of programs, projects, and aid to the emergency support project to remedy the aftermath of natural disasters, disease prevention or unusual calamity:

a) The governing body sends the Ministry of Planning and Investment and related public affairs agencies and the sponsors of the sponsor to recommend the Ministry of Planning and Head of the Prime Minister to apply a shortfall process to the approval of the Sponsorship Portfolio.

b) The process is applied as follows:

-During the 5-day period of work since receiving the recommendation of the governing body, the relevant authorities have a written opinion of the Ministry of Planning and Investment. Beyond this, the agency has no intention of being interpreted as agreeing to the topic of the governing body.

-During the five-day period of work since receiving the opinion of the agencies, the Ministry of Planning and Investment has the Prime Minister ' s text reviewed and decided.

What? 7. Rules of regulation at points c, d and clause 1 Article 14 of the Digital Protocol 38 /2013/NĐ-CP about the authority to approve the Prime Minister ' s Sponsorship Portfolio

1. The non-reimbursable aid ODA is programs, projects, or non-project grants by non-reimbursable ODA.

2. Technical support for program preparation, ODA loan project and preferable borrowing is to provide technical support through programs, projects, or non-project aid to direct support of the program preparation work, the ODA loan project, and preferable loans to the interior. active capacity and program preparation expenses, the project stipulated at paragraph 1 Article 23 of the Digital Decree No. 23. 38 /2013/NĐ-CP.

3. State management of the procurement of the state ' s management is equipment, supplies, materials, biochemicals and other products that are in the export-import or export-export ban that are conditional by the Government or authorities of the State of the State. regulation and promulgation of authority.

What? 8. The preexisting implementation at Article 17 of the Digital Protocol 38 /2013/NĐ-CP

The base of the activities that performed before in the Program Scheme, the project is accompanied by the approved portfolio of grants, the governing body and the project host to conduct the following activities:

1. For the establishment of the Project Management Board (later known as Directorate of ICDA) rules at Point A 1 Article 17 of the Digital Protocol. 38 /2013/NE- CP:

a) The governing body issued a decision on the subject of the project under the regulation at Article 9 of this Information;

b) The project holder or the governing body with the role of the project chair established the ICQDA under the regulation at Article 15 of this Information. The ICDA has a mandate to support the project owner in the project preparation phase including program document, project, completion of the case to implement the procedures on the appraisal and approval of the program document, project, construction of the resettlement policy Framework, to prepare for the project. Bidding plans, bids, bids, and other duties assigned by the governing body and the project owner;

c) After the program document, the project is granted the approval of the approval, the governing body or project holder to review the entire organization of the Department of the ICDA on the basis of functional addition, management duties and implementation of the program, the project of the Board of ICDA. established by regulation at Point a, Clause 1 This or the decision to establish the new ICDA which meets the requirements of regulation at Articles 15 and 16 of this Information.

2. Regulation activities at Point A 2 Article 17 of the Digital Protocol 38 /2013/NĐ-CP:

For programs, the project has a specific international Convention on ODA and preferable borrowing: The governing body in coordination with the governing body of negotiating the unification with the advance sponsor and the content of operations at Point A 2 Article 17 of the Digital Protocol. 38 /2013/NĐ-CP in the negotiation of the negotiation, as the basis for the stakeholders to deploy immediately after the end of negotiations.

3. The funding source performs prior implementation activities arranged from the program prepared by the program, the project stipulated at Article 23 of the Digital Protocol. 38 /2013/NĐ-CP, response of the preparation of the program, the project stipulated at Article 43 of the Digital Protocol 38 /2013/NĐ-CP, other sources of capital are provided by the sponsor through technical support of program preparation, project.

Chapter III

PREPARATION, APPRAISAL AND APPROVAL OF THE PROGRAM DOCUMENT, PROJECT

What? 9. The governing body issued the decision on the subject of regulation at paragraph 1 Article 20 of the Digital Protocol 38 /2013/NĐ-CP

The decision base approved the grant of a jurisdiction of the competent authority, for a 10-day period of work, the governing body issued a decision on the subject of the project with the following main content:

1. Program name, project or non-project aid;

2. Project owner;

3. The basic information of the project owner;

4. The mandate and powers of the project host in preparation, appraisal, approval of the program document, project or non-project aid under the regulation at Article 21 of the Digital Protocol. 38 /2013/NĐ-CP and in management implementation of programs, projects, or non-project aid under regulation at Article 38 of the Digital Protocol. 38 /2013/NĐ-CP.

What? 10. Program appraisal process, the regulatory project at Point b, Section 3 Article 25 of the Digital Protocol. 38 /2013/NĐ-CP

1. The governing body specified a unit directly subordinate to the agency, the initial unit of the appraisal.

For the program, the umbrella project, the program host agency, the organizational umbrella project appraisal of the program document, the umbrella project with the participation of the component project management agencies. After the program document, the licensed umbrella project is approved by the governing body, the project governing body component that defines the document of the component projects in accordance with the decision to approve the program document, the umbrella project.

2. Base Regulation at Article 26 of the Digital Protocol 38 /2013/NĐ-CP about the program document appraisal, the project, the project owner filed 8 files, including at least 1 root records for the agency, the first unit of the appraisal of the appraisal. Documents in foreign languages must have an accompanying translation of the Vietnamese language.

3. In the 3-day period of work since the date of receiving valid records, the agency, the unit of the appraisal unit through the governing body sent the appellate file accompanied by the work of the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies contributed to it. Program, project. The case of the appraisal case does not meet the regulation requirement at Article 26 of the Decree, the agency, the initial unit of the appraisal that requires the project owner to complete the case and send it back before the appraisal.

4. In a 12-day period of work since the date of receiving the proposed work accompanied by a predetermined profile of the governing body, the recommended agencies stated in paragraph 3 This must be submitted by the opinion of the program, the project by writing. On the basis of the agency, the unit of the appraisal is through the governing body.

5. During the 5-day period of work since the date of receiving an opinion with the opinions of the agencies with the specified deadline at paragraph 4 This, the agency, the first unit of the appraisal appraisal, the appraisal report, which highlights the consensus opinion. and opinions differ between the parties.

During the appraisal, agency, the initial unit of the appraisal must consider the procedure, procedure and the appraisal of the sponsor's appraisal to ensure the necessary coordination and harmony, considering the contents agreed with the sponsor, the appraisal opinion of the sponsor. Or the sponsor's agent. The agency, the initial unit of the appraisal that has the right to ask for a program project owner, adds the case and in the case it is necessary to hold the appraisal conference or meetings to clarify the specified appraisal content.

In the case of program documents, the project did not meet the requirements, the agency, the first unit of the appraisal that informed the project owner of the content needed to be completed and the deadline for the agency, the initial unit of the appraisal, to conduct further procedures.

6. On the basis of the conclusion of the appraisal report, the agency, the initial unit of the appraisal that performs the following work:

a) For the program document, the project under the jurisdiction of the Prime Minister ' s approval:

-Case document case, qualifying project approx: The Agency, the first unit of the decision to draft the bill accompanying the appraisal report and the draft decision to approve the program document, the project to the chair of the Prime Minister ' s Prime Minister view. And decide.

-The case document case, the project is not eligible for approval: The Agency, the first unit of the appraisal of the governing body to coordinate with the Ministry of Planning and Head of Government review review and decide on bringing the program, the project out. from the portfolio of funding.

b) For the program document, the project is under the approval authority of the governing body:

-Case document case, qualifying project approx: The Agency, the first unit of the decision to set up the sheet with the appraisal report and the draft decision to approve the program document, project the governing body to review and decide.

-The case document case, the project is not eligible for approval: The Agency, the first unit of the appraisal of the governing body to coordinate with the Ministry of Planning and Head of Government review review and decide on bringing the program, the project out. from the Prime Minister ' s Appropriation category of approval by the Prime Minister or to the governing body that decides to take the program, the project is out of the category of jurisdiction under jurisdiction.

What? 11. The principle of program document appraisal, the project by regulation at Point b, Section 3 Article 25 of the Digital Protocol 38 /2013/NĐ-CP

1. The program document appraisal, the project must review the suitcases in accordance with the Proposition and Comparable Content, the program of program document content, project, and non-project aid to the content in the Decision to approve the grant of the grant category. as specified in Article 18 of the Digital Protocol 38 /2013/NE- CP. Case of changes to the content in the Decision to approve the Sponsorship Portfolio, the governing body performs under the regulations at Article 19 of the Digital Protocol. 38 /2013/NĐ-CP.

2. In the event of a program, the project includes both technical and investment support, in addition to the appraisal content such as the manual at Article 12 of this Information for the technical support component, which must specify the following contents to the investment contract:

a) The rationality of the scale of investment, technological variation and quality standards.

b) evaluate the feasibility of the following factors (if any):

-The location variation, the use of land; the extraction regime and the use of national resources.

-Basic design.

-Environmental Protection Solutions, ecology, resettlement plans; the measure of solving social problems of the project.

-The defense, security, fire, fire.

What? 12. The content appraisal of the program, the regulatory project at paragraph 2 Article 25 of the Digital Protocol 38 /2013/NĐ-CP

1. Content appraisal project document support:

Base on the document appraisal of the project document supporting the regulation technique at Article 26 of the Digital Protocol 38 /2013/NĐ-CP, in the process of being able to clarify the following content:

a) The rationality of the project:

-The context and the necessity.

-The goal of the project compared to the priority policy at the national and ministerial level, industry and local level.

-The result or output product is expected compared to the proposed goal of the project.

-each of the specific components and activities of each component produces the output or output product.

-The beneficiary.

-The budget allocation structure of the project (ODA) for activities including domestic and international consulting, training in and abroad, equipment and supplies, management costs, and other costs.

b) The feasibility of the project:

-The input factor (finance, equipment, expert and other factors) of the entire project and of each operation.

-The scale and level of capital assurance of the project (the ODA is not reimbursable, the partner capital), the domestic financial mechanism applicable to the project.

-Time for execution.

-The implementation of the solution, including the previous implementation activities (if any).

-Organization, management mechanisms and project implementation (including financial management mechanisms, coordination mechanisms).

-Vietnam's ability to respond to sponsor conditions.

-Plans and measures to monitor, evaluate and promote the implementation of the project.

-The impact of the project.

-Risk and risk prevention.

c) The sustainability of the project about:

-The elements needed to ensure the impact of the impact of the project after the end.

-The pledges or conditions of the sponsor and of the Vietnamese side to ensure the sustainability of the project.

2. The content appraisal document

The content document appraisal is similar to the regulation at Clause 1 Article. In addition must clarify the link, the coordination mechanism between disciplines, fields, territories, and various hosts to achieve the objectives and outcomes of the program.

3. The content appraisal of the program, the umbrella project and document of component projects

The program documents the program, the umbrella project, and the document of the project composition similar to the regulation at Clause 1 Article. Additionally must assess the validity and availability of the following content:

a) The relationship between the main activities of the program, the umbrella project with the main activities of each component project;

b) The capital allocation structure (ODA and preferable borrowing, capital capital) of the program, the umbrella project and of the component projects;

c) The organizational method of implementation and management of the program, the umbrella project.

4. Content and process of appraisal for non-project aid

a) For non-project aid to scale equivalent to less than US$ 20,000, the governing body does not conduct a regulatory organization and the decision base approx the Board of Authoritentiation Portfolio to decide to approve of this non-project aid.

b) For non-project aid to scale the equivalent of US$ 20,000 or more, the appraisal of the non-project aid document performs according to the process and principle of regulation at Articles 10 and 11 of this Information. The appraisal profile specified at Article 26 of the Digital Protocol 38 /2013/NĐ-CP, in which the non-project aid document is set up on the basis of a specific basis of the content outlined in the Non-Project Project Aid Scheme under the Granted Jurisdiction. The appraisal is similar to regulation at Article 12 of this Information. If the non-project aid includes only or having an investment activity, the content and process of the appraisal implementation stipulated at Point A 3 Article 25 of the Digital Protocol. 38 /2013/NĐ-CP.

What? 13. Appropriation of the program document, the regulatory project at Articles 2 and 3 Articles 27 of the Digital Protocol 38 /2013/NĐ-CP

1. After the appraisal, the agency, the initial unit of the appraisal that sends the appraisal report to the agency ' s governing body has the authority to review, the decision to approve the program document, the prescribed project at paragraph 2 Article 27 of the Digital Protocol 38 /2013/NĐ-CP.

2. During the 5-day period of work since the day of the program document, the project was granted approval by the authority, the governing body informed the sponsor and the project holder results approval, while sending the Ministry of Planning and Investment, the Ministry of Finance and related agencies. Regarding the decision to approve (the original or copy of the evidence) accompanied by the program document, the approved project is stamped on the basis of the owner's receipt. For programs, the umbrella project, the program host agency, the umbrella project and the project governing body component are responsible for informing each other of the approval results.

Chapter IV

MANAGE PROGRAM EXECUTION, PROJECT

What? 14. Program management forms, the regulatory project at Article 36 of the Digital Protocol. 38 /2013/NĐ-CP

1. Case of the governing body or project holder directly management of the program, the regulatory project at 1 and 2, Article 36 of the Digital Protocol. 38 /2013/NĐ-CP:

a) The case of the establishment of ICQDA, the project holder or the governing body as the board of the decision to establish the decision to establish Board of ICDA by regulation at Article 39 of the Digital Protocol 38 /2013/NĐ-CP;

b) The case does not establish the Board, the project owner or the governing body as the project owner using the existing apparatus to directly organize the management implementation of the program, the project under regulation at Article 42 of the Digital Protocol. 38 /2013/NĐ-CP;

c) The institution of the governing body as the project holder, the governing body must enact a clear definition of the task and the powers between the role of the governing body and the project owner role in the management organization and implementation of the program, the project to ensure the calculation. the objective and accountability.

2. The case for hiring a program management consulting, the regulatory project at Clap 3, Article 36 of the Digital Protocol 38 /2013/NĐ-CP:

a) A formal base for the management of the project management advisory organization stated in the program document, the project granted by the authority to approve, the project holder for the lease of the advisory organization on the mission of the Department of ICDA, or to manage part of the program, project;

b) The selection, signing of the lease, management of the project management, is required to follow the provisions of the existing law. The project management consulting contract must specify the scope of work and management content; responsibility, the powers of the consulting organization and of the project owner;

c) When applying the form of a project management advisory organization, the project holder must still use the specialized units of its apparatus or specify a clue to the test, which oversees the implementation of the project management consulting organization and is responsible for the implementation of the project. Eventually, the organization manages the project, the costs, the quality, the conduct of the project, and the responsibility of the development of the project and the responsibility of the project management consulting.

What? 15. Established Board of ICDA at Article 39 of the Digital Decree 38 /2013/NĐ-CP

1. In the 30-day period of work after the program document, the project is granted jurisdiction under regulation at paragraph 1 Article 39 of the Digital Protocol. 38 /2013/NĐ-CP, The decision base for the specified project holder at Article 9 of this message, the project owner decides to establish the Department of ICs under the Regulation II Appendix II.

The establishment of the Department of ICDA must consider the ability to use professional ICQs or existing ICQs of the project owner to enhance the quality and reduce management costs on the basis of the capacity to use capacity, the experience of project management staff.

2. In the 15-day period of work since the signing date of the decision to establish the ICQDA by regulation at paragraph 4 Article 39 of the Digital Protocol 38 /2013/NE- CP, the decision base on the subject of regulation at Article 9 of this Information, the project holder of the Board of Organizational and Operations Regulation on the basis of a recommendation by the Director of the Board of ICDA under the Regulation III Appendix III.

In the 5-day period of work since the date of the decision to establish the Department of ICDA, the agency decided to establish the Department of ICs to submit a copy of the Decision to the Ministry of Planning and Investment, Ministry of Finance, other related agencies and sponsors to coordinate in the event. management and program execution, project.

3. The organizational structure and personnel of the Department of ICs:

a) Based on the content, scale, nature, scope of operations, the organizational method of implementation of the program, the project, the Director of the Department of ICDA proposes the governing body or the decision holder on the organizational structure of the ICDA, which may include the functional units. abilities of administrative, personnel and training, planning, bidding, finance in the Organisor of the Organization and Operations of the Department of ICDA. For the investment project, it is possible to create additional units in charge of the free release, design supervision, construction work;

b) The key titles of the ICQDA Board include: Chief of the Board of ICDA, Deputy Director of the Department of ICQDA (if any), the Chief Accounting Officer or the Chief Accounting Officer appointed in the decision to establish the Board of ICDA, in which the Director and Chief Accounting Officer or Chief Accounting Officer The Corps must be Vietnamese. Other titles in the ICZDA were selected by the Director of the Board of ICDA, appointed and dismissed. Functions, duties, powers, the enaberation regime of these titles must be specified specifically and inform the governing body and stakeholders;

c) Basic requirements for the organization and personnel of the Department of ICDA:

-The ICDA must have a proper organizational structure, with sufficient personnel with capacity, the right experience ensuring the management of the program, the efficient and sustainable project.

-Function, duty, responsibility, jurisdiction of each unit (if any); the relationship between units must be explicitly specified, in particular in the Organization of the Organization and Operations of the Department of ICDA.

The cadres of the ICZs were to be operated from the agencies, the other units had to be unanimous in the text of these organizations.

The choice, hiring officers from the outside must be based on the program document, the project is granted the authority to approve and implement the current provisions of the law.

4. The seal and account of the Department of ICDA:

The ICDA is allowed to use a separate seal by the rule of law or the seal of the governing body, the project holder follows the agency's regulations to serve the management and execution of the program, the project.

The ICDA was opened on the program, the project at the State Treasury and at the commercial bank in accordance with the laws of the law and the specific International Convention on ODA and Preferable Loans signed with the sponsor.

5. Department of Operations ' s operating budget:

The operational funding of the ICDA is extracted from the source prepared capital, the project stipulated at Article 23 of the Digital Protocol. 38 /2013/NĐ-CP, The standard capital being prepared to implement and implement the program, the project stipulated at Article 43 of the Digital Protocol 38 /2013/NĐ-CP or use funding from ODA funding and preferable loans under the specific International Convention on ODA and the preferable borrower signed with the sponsor.

6. Manage and use the property due to the project owner assigned to the ICDA to serve the management and implementation of the program, project:

a) The asset hosted by the project holder for the Board of ICDA to serve the management and implementation of the program, the project must be used for savings and efficiency, the right purpose and the right subject to the regulation of the law and the specific International Convention on ODA and its preferred borrower. They signed with the sponsors.

b) The case of advisory units, hand-handed contractors, donated, leaving assets to the ICDA, the ICZDA has a document offering the project holder for the management, use during the time implementation of the program, the project and will give back to the project owner after the program, the project. It's over.

7. End of program, project and dissolution of the Board of ICDA:

a) The time of the end of the program, the ODA project is regulated at the specific International Convention on ODA and the preferable borrower signed with the sponsor.

In the six-month period following the end of the program, the project, the ICZDA must submit the project owner to the end and report the program's decision, the project to host the governing body project, and at the same time the Department of ICDA handed over the assets under the management project. for the project holder by law.

After the report ends and reports the program decision, the project is approved by the competent authority and the delivery of the assets to the completed project owner, the project owner or the governing body as the project host will issue the decision to end the project. program, project, and dissolution of the ICDA.

b) The case is not yet able to end the work stated above in the statute of limitations, on the basis of the ICDA ' s program, on the basis of the approval opinion of the governing body, the board of text promulgables project allows for a maximum extension of 6 months to Ban ICDA. continue to complete the unfinished business and ensure the funding necessary for the Department of ICDA to remain active within the extended period.

c) For the Board of ICDA that manages many programs, projects, projects that will enact the decision to end each program, project specific, and simultaneously regulate the function, the mission of the Department of ICDA on the basis of compliance with the provisions of the Digital Protocol. 38 /2013/NĐ-CP And this.

What? 16. The mission and authority of the ICDA stipulated at Article 40 of the Digital Protocol 38 /2013/NĐ-CP

1. Support the overall planning project and the annual plan implementation of the program, the project by regulation at Point A 3 Article 40 of the Digital Agenda. 38 /2013/NĐ-CP:

The ICDA supports the overall planning construction project and the annual plan implementation of the program, project (budget plan, spending plan, bidding plan, etc.) approved authorship. In these plans must clearly define the resources of use, progress, duration of completion, quality goals, and criteria that accept results for each operation of the program, the project to be a tracking, assessment facility.

The overall plan for the program, the project had to be approved by the governing body three months before the start of the program, the project.

The plan to implement the program, the annual project must be built and approved on a unified basis with the sponsor, in line with the annual capital allocation planning schedule for the program, the project of the governing body and the implementation of the program. presented, the project under the specific International Convention on ODA and the preferable borrowing capital.

2. Support the project owner in the preparation work and execution of the program, the project by regulation at Point 3 Article 40 of the Digital Protocol. 38 /2013/NĐ-CP.

3. Implemencing the bidding activities and supporting the project owner in the contract management work by regulation at Point 3 Article 40 of the Digital Protocol. 38 /2013/NĐ-CP.

a) Perform the task of bidding by the project holder in accordance with the rule of law on the bidding and the bidding regulations of the sponsor;

b) Managing the implementation of regulatory obligations at the contract has been signed by the competent authority with the contractor (on the way: progress, volume, quality, labor safety and sanitation). Monitoring, monitoring, evaluating activities and the results of the operation of the contractor. Timely settlement of problems arose during the implementation of contracts by jurisdiction;

c) The organization performs product collection, the decision bar under the rule of law.

4. Support the project holder in the banking, financial and asset management of the program, the project by regulation at the D-Section 3 Article 40 of the Digital Protocol. 38 /2013/NĐ-CP.

Implementing the cashier's procedures, financial management, asset-based assets and in accordance with the sponsor's regulations.

5. Perform the monitoring and assessment of the execution of the program, the project by regulation at the Section 3 Article 40 of the Digital Protocol. 38 /2013/NĐ-CP.

The organization monitors and evaluated the implementation of the programs, the project under regulation at Article 55 of the Digital Protocol. 38 /2013/NĐ-CP And Article 24 of this.

6. Preparing to host the project and hand over the output results of the program, the project after the completion; complete audit work, the program ' s assets, the project; the report concludes and report the program decision, the project on the scale of the program. At Point 3 Article 40 of the Digital Protocol 38 /2013/NĐ-CP, In it:

a) Preparing to host a program to collect program, project, and exchange programs, the project that is completed for the prescribed acceptance unit for operation, exploitation;

b) The report ends the program, the project and the program decision report, the project in the statute of limitations at Article 49 of the Digital Protocol. 38 /2013/NĐ-CP.

7. Make other tasks assigned by the project holder at Section 3 Article 40 of the United States Census. 38 /2013/NĐ-CP, including:

a) Administrative management and coordination function:

-Office of the office and management of the Department of ICs.

-Set up internal information systems, assemble, classify, store all information, the original material concerning the program, project, and Project Management under the provisions of the law.

-Representative to the commission of the project holder in the civil transactions within the representative range identified at the Organization of the Organization and Operations Regulation of the Department of ICDA and in authorized documents.

-Doing the lead on the project owner and the participating agencies to implement the program, the project in contacting the sponsor of the relevant issues in the process of implementation of the program, the project.

-Head of coordination with the functional units of the project host participating in the activities of the program, the project.

b) The responsibility for transparency and accountability:

-Setting up and organizing the implementation of internal control mechanisms, including program financial control of the program, the project.

-Preparing to host the public announcement of content, organization, progress and budget of the program, project for the direct beneficiary subjects of the program, project and local government, democratic institutions, political institutions, social and social institutions. It's a project at the project site.

-Providing accurate and honest information to law protection agencies, checks, inspectors, audits, donors, public information agencies and related individuals within the framework of duty and responsibility to be delivered, except for the information that has been given to the public. They ' re limited by law.

What? 17. Amendment, program content addition, project in the process of implementation of the program, the regulatory project at Article 48 of the Digital Protocol. 38 /2013/NĐ-CP

1. The amendment case, which adds program content, the project leads to a change in content in the Decision to approve the Sponsorship Category: executed by paragraph 1 Article 48 of the Digital Protocol. 38 /2013/NĐ-CP . The procedure of approval of the program document, the revised project, and the additional implementation by regulation at paragraph 4 This.

2. The case of modification, the addition of program content, the project that led to the amendment, addition, renewal of the international convention on ODA and preferable borrowing:

a) If the amendment, the addition of the program contents, the project leads to a change in the content in the Decision to approve the Sponsorship Portfolio: implemented by regulation at Clause 1 This, as the basis for the process of modification, addition, renewal of the International ODA and ODA. It is preferable by regulation at paragraph 2 Article 48 of the Digital Decree. 38 /2013/NĐ-CP.

b) If the amendment, the addition does not result in a change in the content in the Decision to approve the Sponsorship Portfolio: The governing body conducts procedures regarding the approval of the program document, the revised project, and the additional implementation of the procedure at Paragraph 4 This, as the basis for the amendment to the amendment, adds, renew the international treaty on ODA and the prescribed preferable capital at paragraph 2 Article 48 of the Digital Protocol. 38 /2013/NĐ-CP.

3. The revised case, the addition of the program content, the project does not result in a change in content in the Decision to approve the Sponsorship Portfolio and does not lead to amendments, additions, renewal of the international treaty on ODA and preferable loans: The governing body conducts. The procedures involved the approval of the program document, the revised project, and the additional implementation in accordance with Article 4 of this Article 4.

4. Appropriation of program documents, revised and complementary projects.

a) For the programs, the project under the approval of the Prime Minister ' s approval:

-The governing body sends the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies to offer recommendations on the proposal and the reasons for the amendment, the addition of the sponsor's program, project, and text of the sponsor;

-On the basis of the recommendations of the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies, within 10 days of working the chair of the Prime Minister to review, decide the content to change.

b) For programs, the project is under the approval authority of the governing body:

-The governing body sends the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies to offer recommendations on the proposal and the reasons for the amendment, the addition of the sponsor's program, project, and text of the sponsor;

-On the basis of the recommendations of the Ministry of Planning and Investment, the Ministry of Finance and related agencies, within 10 days of working the governing body of the decision to amend, add relevant content.

Chapter V.

SET AND APPROVE THE IMPLEMENTATION PLAN AND CAPITAL PLAN OF THE PROGRAM, PROJECT

What? 18. Set and approve the overall plan implementation of the program, the project by regulation at paragraph 2 Article 37 of the Digital Protocol 38 /2013/NĐ-CP

1. The master plan implementation of the program, the project is set up for the entire time implementation of the program, project, and must include all of the components, categories, operations groups, resources, and the implementation of the attached implementation.

2. In the 30-day period of work since the signing of the specific International Treaty on ODA and preferable borrowing, based on the program document, the project has been granted the authorship of approval and the specific International Convention on ODA and preferable borrower, the project owner. The sponsor is set up or searched, updating the overall plan implementation of the program, the project, the chairman of the review and review.

3. For the program, the umbrella project, the overall plan must include the overall plan of component projects. The head of the program's governing body, the umbrella project approving the program's overall plan, the umbrella project; the chief of the project management component project component approx the project overall project composition.

4. During the 5-day period of work since the date of approval of the overall plan implementation of the program, the project, the program ' s governing body, the project, including the program, the umbrella project, sent the approval decision accompanying the overall plan implementation of the program, the project. for the Ministry of Planning and Investment, the relevant agencies and sponsors serving the monitoring, evaluation and coordination of the program, the project.

What? 19. Set and approve annual plan implementation of the program, the project by regulation at paragraph 3 Article 38 and Point A 3 Article 40 of the Digital Protocol. 38 /2013/NĐ-CP

1. The annual plan that performs the program, the project is set up for each year and must include detailed information content of the components (subsection in terms of technical support and investment), key categories and operations, capital sources, including partner capital and progress. It ' s an accompanying project.

The annual plan makes the program, the project as the basis for building plans for each quarter, serving operating, tracking and evaluation work, the implementation of the program, the project simultaneously to host the project and the planning agency. Annual capital allocation under the regulation of economic development plans-the society and the annual state budget bill.

2. On the basis of the overall plan implementation of the program, the project is approved by the governing body and base of the settlement plan under the specific International Convention on ODA and the signed preferable loan, the Directorate of ICDA in coordination with the real annual planning sponsor. The program, project, project host, review and approx the prescribed form at Appendix IV of this Information.

3. During the 5-day period of work since the annual approval of the annual plan implementation of the program, the project, the project holder sent to the governing body and through the governing body sent to the Ministry of Planning and Investment, the relevant agencies and the decision-funded sponsor. The browser is accompanied by a yearly plan of serving monitoring, evaluation and coordination of the program, the project.

What? 20. Set and approve the annual capital allocation plan of the programs, the regulatory project at paragraph 2 Article 37 of the Digital Protocol. 38 /2013/NĐ-CP

1. The program ' s annual capital allocation plan, the project includes plans for the allocation of ODA capital and preferable loan capital (ODA reimbursable, ODA loans, preferable loans) and the accounting capital allocation plan, in which:

a) A plan to allocate an ODA capital and preferable capital to be built in accordance with basic building capital (for project or investment), career administrative (for project or technical support), budget support, lending to subsidy distribution. The construction of this plan carried out the prescribed pattern at the Annex Va of this Smart;

b) The annual capital allocation plan is built in accordance with the central budget capital, local budgetary capital, domestic credit capital, the self-employed capital of the project owner and other domestic capital sources according to the law. The construction of this plan is provided by the specified pattern at the Vb Exhibit of this Information.

2. For programs, the project has a state budget of the allocated state budget:

a) Every year at the time of the construction of the economic-economic development plan-the society and the state Budget bill under the current regulation, the project owner sends the planning chair to envisage the allocation of capital to sum up its annual budget plan. Yeah, On the basis of the annual budget plan of the governing body, the Ministry of Planning and Investment of the state budget and coordination with the Ministry of Government Finance and Congress review and approve;

b) The annual capital planning process for the programs, the project implemented by the regulation of the existing law.

3. For the programs, the project has a state budget that refunds:

Every year, at the same time the construction of the economic-economic development plan and the state budget project, the project hosts the annual allocation planning project to send the governing body, the Ministry of Planning and Investment and the Ministry of Finance. The project holder has a self-balancing responsibility for sufficient capital to follow the progress of the program, the project.

4. For programs, the project has a mixed mixed capital project, which has just lent it back:

Depending on the nature of each program component, project (allocated or relending), the project holder applies the program's programming process and planning browser, the project corresponding to each component of the program, the prescribed project at Clauses 2 and 3. of this.

Chapter VI

PROGRAM MONITORING AND EVALUATION, PROJECT

What? 21. Program evaluation, regulatory project at the Articles 52 of the Digital Protocol. 38 /2013/NĐ-CP

1. Evaluation of the program, the project includes the following stages:

a) The initial assessment;

b)

c) The review ends;

d) Review the impact.

Depending on the nature of the program, the project and the requirements of the governing body or sponsor, the program, the project conducts reviews according to some or all of the above stages. In addition to periodic reviews, the evaluation of the breakthrough can be conducted when necessary.

2. First assessment content:

Initial evaluation by the employer's employer, independent consulting organization, or the QICDA protocol conducted after the start of the program, the project. Initial review focuses on the following key content:

a) Assessment of the preparation work, organization, mobiles the resources of the Department of ICDA to ensure the implementation of the program, the project in accordance with the right objectives and objectives;

b) Assessment of emerging, new birth arose compared to the time of the program ' s approval of the program, the project, and the proposed method of solving;

c) The discovery and proposal of settlement measures on issues of arise due to objective causes (the legal environment has changes, the requirement for change of progress or content of certain categories to match climate conditions, geology, exercise, etc., etc.). The people, the people, the people, the ...

The initial review results were used for sweeping, updating the overall plan implementation of the program, project, and construction of detailed plans for the program, the project for the first year.

In the 15-day period of work since the date of receiving the initial assessment of the expert, the independent consulting organization or the Board of ICDA, the project owner is responsible for sending this report and reporting its feedback to the governing body and sponsor, which distributs the report. The findings, issues and suggestions of the assessment report, specify the handling measures, problem solving, activities required to meet the proposals, the lessons learned in the organization implementing the program, the project.

For programs, the project was approved by the Prime Minister 's Office of the Program, project and programs, the Group A project, for a 15-day period of work since receiving the project' s initial assessment report, the governing body of responsibility for the project. to report this assessment and its opinion to the Ministry of Planning and Investment and relevant agencies to serve to serve as a national monitoring and evaluation work at the national level.

3. Content:

A mid-term evaluation by a professional tenant or an independent advisory organization conducted in the middle of the program's implementation, the project, or after the end of a period for the program, the project consists of multiple stages. The midterm assessment focuses on the following key content:

a) Comment the suitcases of the results performed with the goal of the program, the project;

b) Assessment of the volume and quality of work to the time of assessment compared to the program ' s implementation plans, the project;

c) To detect and evaluate the entanged, new births appear in the process of carrying out the program, the project due to objective causes (the legal environment has changes, requests to change progress or content some categories for matching). Climate, geology, food, residential, etc.) or by subjective causes (capacity and organizational structure of the project owner, Directorate of the Army, etc.);

d) Proposed solutions to ensure the program, project to be done correctly, progress and guarantee the quality of the problem in the rest or the next paragraph. In the case of necessity, the recommendation to regulate content, restructure or methods of using the balance of the program, the project.

In the 15-day period of work since the date received a review of the assessment between the expert ' s or independent consulting organization, the project owner is responsible for sending this report and reporting its feedback to the governing body and the sponsor, which analyts the analysis. Findings, issues and suggestions of the assessment report, specify the handling measures, problem solving, activities required to meet the proposals, the lessons learned in the organizational work of management and implementation of the program, the project.

For programs, the project was approved by the Prime Minister 's Office of the Program, project and programs, the Group A project, for a 15-day period of work since receiving a review of the project' s midterm assessment, the governing body responsible for the project. send this report and its conclusions to the Ministry of Planning and Investment and relevant agencies to serve in the national level of monitoring and evaluation.

4. The assessment content is over:

The program ends the program, the project chaired by the expert tenant or independent consulting organization and must be completed within the 06-month period from the date of the end of the program, the project under regulation at the specific International Convention on ODA and the borrower. Preferable. The end review is used as the basis for reporting the end of the program, the project.

The end review focuses on the comprehensive review and evaluation of the stitchup in the project cycle, including:

a) Evaluation of preparation work and preparation of the program, project;

b) Evaluation of the results of implementation of the program, project, including: management implementation of the program, project; capital layout and mobiles of resources to implement the program, project; operations, output results and final results of the program, project; the direct and indirect benefits due to the program, the project brings to the beneficiary subjects;

c) Assessment of the effects of the program, the project after the completion, including the effects on economics, society, the environment, engineering, technology, human resource development; and more.

d) Assessment of the sustainability of the program, project, and assurance factors;

) The lessons learned in the preparation work, prepare for execution, program execution, project;

e) Make recommendations necessary to ensure the effectiveness of the program, the project.

During the 15-day period of work since the date received reports of an expert's end assessment or independent consulting organization, the project holder is responsible for sending this report and reporting its feedback to the governing body and the sponsor.

For programs, the project was approved by the Prime Minister 's office, project and programs, the Group A project, for a 15-day period of work since the receiving end of the project' s conclusion of the project owner, the governing body responsible for the project. send this report and its conclusions to the Ministry of Planning and Investment and relevant agencies to serve in the national level of monitoring and evaluation.

5. impact assessment (After the project):

On the basis of a yearly plan of program impact assessment, the project was given by the Ministry of Planning and Investment, the governing body of the host and the expert employer or the independent consulting organization that evaluated the program impact program, the project under jurisdiction. For programs, the project was approved by the Prime Minister's office, the project, the assessment of the impact was due to the independent advisory body selected by the Prime Minister or authorized by the Ministry of Planning and Investment.

Assessing the impact of the programs, the project is conducted within three years of the date of the program, the project to the extraction, use and focus on the following key issues:

a) The economic reality, the engineering of the program, the project in the process of exploitation, use;

b) The impact of the program, the project to the economic-political-social;

c) The impact of the program, project to the ecological environment;

d) The sustainability of the program, project;

The lessons learned in the design, execution, management and operation of the program, project.

For programs, the Group A project, for a 15-day period of work since the completion of the impact assessment date, the presiding agency is responsible for sending the expert ' s impact assessment report or independent consulting organization and reporting its feedback to the Ministry of Education. Planning and Investment and related agencies to serve as a national aid efficiency assessment.

For programs, the project was approved by the Prime Minister 's Office of the Program, the project, for a 15-day period of work since the completion of the impact assessment, the base reported assessing the impact of the independent advisory body and the agency' s feedback report. the chairman, the Ministry of Planning and the Prime Minister ' s Head of the Government reported the impact assessment results.

6. Breakthrough assessment:

Sudden evaluation is conducted in situations where there are difficulties, difficulties, an external impact impact on the course of the program, the project. A sudden review of the focus is made clear of the following problems:

a) Define the condition and the nature of the unexpected births;

b) The impact assessment and the extent of the influence of the births to the implementation of the program, the project, to the ability to complete the proposed target;

c) Proposition the measures, which are responsible for processing and the time of execution.

The presiding agency, in coordination with the relevant agencies and sponsor of the groundbreaking assessment team. The resulting evaluation results were the basis for the agency to intervene in time, deploying the necessary handling measures to prevent the failure of the program, the project. In the case of overtaking treatment measures, the governing body sends the text accompanying the report results assessment to the relevant state governing bodies or the Prime Minister to review and decide on the authority.

What? 22. The responsibility of the governing body in the monitoring and evaluation work at Article 53 of the Digital Protocol. 38 /2013/NĐ-CP

1. For the monitoring work, the governing body has the following main responsibility:

a) The full calculation, the accuracy update of the program tracking information, the project hosted by the project owner and the implementation of the implementation of the situation report implementation of the program, the project under the regulation at Article 57 of the Digital Protocol. 38 /2013/NĐ-CP;

b) Implemation of the report regime by regulation at paragraph 2 Article 57 of the Digital Protocol. 38 /2013/NĐ-CP and Article 27 of this message;

c) Monitoring changes compared to the implementation plan and the capital layout of the programs, the project on implementation progress, the situation of the solution, the bidding work, the release of the facet, resettlement, environmental protection and social security (if any);

d) Reaction and timely processing of the problems arose under jurisdiction. For difficulties, in excess of jurisdiction, the governing body is responsible for reporting authorship agencies to promptly process the progress of execution and the solution of the program, the project;

Ensuring the necessary resources (cadres, finances, technical facilities and other relevant matters) for program monitoring activities, the project at the governing body. Support and enhenhability of program monitoring, project within the cabinet of the governing body and project owners under management jurisdiction;

e) The organization examines at least once every year the implementation of the program, project, and compliance of the Vietnamese law regulations and the regulation of the sponsor of program management, project.

2. For the assessment business, the governing body has the following main responsibility:

a) On the basis of an annual planning assessment of program impact assessment, project

The Ministry of Planning and Investment, the governing body, and the resources required to organize the impact of programs, projects under jurisdiction. Where the sponsor and the governing body conducts joint evaluation, the plan to assess the impact of the governing body must show the responsibility and obligations of the parties in the evaluation process;

b) Review and opinions on the initial assessment report, assessment of the midterm, assessment of the end and evaluation of the breakthrough; there is a comment on the report evaluating the impact of programs, the ODA project under jurisdiction;

c) Review and approval of the report ending the program, project hosted by the project holder and submit this report to the Ministry of Planning and Investment, relevant agencies and sponsors.

What? 23. The responsibility of the project owner in the monitoring and evaluation work at Article 54 of the Digital Protocol 38 /2013/NĐ-CP

1. For the monitoring work, the project owner has the following main responsibility:

a) The layout of the resources required to ensure the monitoring work of the Department of ICDA;

b) Directoring, monitoring, full calculation, update and accuracy of program tracking information, project conducted by the ICDA;

c) Implemucing the reporting regime by regulation at paragraph 1 Article 57 of the Digital Protocol. 38 /2013/NĐ-CP and Article 26 of this message;

d) Respond and timely processing of the problems of the authority arose during the course of the program, the project reported by the ICDA. For difficulties, in excess of jurisdiction, the project holder is responsible for reporting the governing body to promptly process the progress of execution and solving the program, the project;

Preparing the content and conditions required to serve the annual periodic monitoring of the governing body;

e) Check out compliance with the regulations of the Vietnamese law and the regulation of the sponsor in program management, the project of the Department of ICDA.

2. For the assessment business, the project owner has the following main responsibility:

a) To approve the assessment plan, capital layout and the resources required for the evaluation work by jurisdiction;

b) Coordination of coordination with the sponsor of the initial evaluation, evaluation of the midterm, assessment of the end of the program, project; coordination with the governing body, the relevant agencies and the sponsor conducting an impact assessment, evaluation of the program, project;

c) Set up and the host agency reporting the end of the program, the project.

What? 24. The responsibility of the ICDA in tracking and evaluation work stipulated at Article 55 of the Digital Protocol 38 /2013/NĐ-CP

1. For the monitoring work, the ICZDA has the following main responsibility:

a) Track, update of the situation implementation of the program, project: Progress and mass execution, quality, cost, volatility;

b) Support the project host implementation of the prescribed report mode in accordance with regulation at paragraph 1 Article 57 of the Digital Protocol. 38 /2013/NĐ-CP and Article 26 of this message;

c) Track, update of the program management situation, project, ensure compliance with the regulations of the Vietnamese law and the regulation of the sponsor in program management, project of the Department of ICDA;

d) Supporting the content preparation project holder and the conditions required to serve the annual periodic monitoring of the governing body;

Tracking, updating the handling situation, feedback: The situation guarantees reporting information, the information processing information, the situation and the difficult settlement, the outcome of the project owner, the governing body, the competent authorities and the financier. Help.

2. For the assessment business, the ICZDA has the following main responsibility:

a) Plan to evaluate the program and project host project;

b) Project host to the initial evaluation organization, evaluation of the midterm, evaluation of the program, project; support for the project holder in coordination with the organization's governing body that evaluated program, project;

c) The report concluded the program, the project host project on the basis of a report-ending review assessment, the project under the Proposition Report Project ending the program, the project stated at the V-GSG Model 5 in Annex V of this Information.

What? 25. The responsibility of the Ministry of Planning and Investment in Regulatory Affairs and evaluation at Article 56 of the Digital Protocol 38 /2013/NĐ-CP

1. For the monitoring work, the Ministry of Planning and Investment has the following main responsibility:

a) The organization establishes and operates the monitoring system at the national level and the layout of the resources required for this work;

b) Planning an annual monitoring plan at the national level on the basis of the monitoring of the governing bodies and the results of the situation control meetings that perform the categories of programs, projects with the sponsor;

c) Implemucing the report regime in paragraph 3 Article 57 of the Digital Protocol. 38 /2013/NĐ-CP and Clause 1 Article 28 of this Notice; monitor the compliance of the ODA report regime and preferable loans at the levels and periodically report the Prime Minister on the situation to carry out this work;

d) timely handling of the difficulties, entanged in the jurisdiction stated in the report of the project holder, the governing body and the sponsor; the introduction of solutions aimed at improving the implementation of the program, the project, and improving efficiency using ODA and preferable loans;

) Presided, in coordination with the Ministry of Finance, the Ministry of Foreign Affairs and relevant agencies overseeing the compliance of the specific international law and treaties on ODA and preferable borrowing capital, effective use of these capital sources at the levels;

e) The president and the Prime Minister report the annual monitoring results at the national level.

2. For the assessment business, the Ministry of Planning and Investment has the following main responsibility:

a) Planning an ODA assessment and annual preferable loan at the national level and in coordination with the ministries, industry, and local and sponsor organizations to implement this assessment plan;

b) Coordinated with the governing body and sponsor of the programs, the project is completed and put into use to build the annual impact assessment plan at the time of the construction of the economic development plan-society and the housing budget forecast. Every year.

c) The organization performs the impact of the program impact, the national focus project when commissioned by the Prime Minister; in coordination with the governing bodies in the implementation of the program impact assessment, the project under the jurisdiction of the governing body;

d) Analysis and evaluation of the use of ODA capital and preferable loans.

What? 26. The regime reporting the adoption situation and the use of ODA capital and borrower capital grants the prescribed project at Clap 1 Article 57 of the Digital Protocol 38 /2013/NĐ-CP.

1. For programs, the project:

The project holder is tasked with reporting on the implementation of the program, the project to the governing body, the Ministry of Planning and Investment, the Ministry of Finance, the relevant industry regulator, the Provincial People's Committee where the program, project and sponsor.

The model reports the project holder for the monthly report patterns in the Form V-GSG 1, a quarterly report by the V-GSG 2, reported the year after the Model V-GSG 3 and reported the end of the program, the Project V-GSG 4 in Annex V of this Information. The ICDA must build and submit reports raised on the project holder to host the project to submit these reports to the governing body and related agencies.

a) Report

The monthly report applies only to programs, the project under the approval of the Prime Minister ' s approval and the investment projects of the A.

In the 10-day period after the end of the month, the project owner must submit a report on the situation to the execution of the program, the project under the Form VI-GSG 1 in Appendix V of this Investment (except for months with a precious report at this Article b) in writing and email about the governing body, the Ministry of Planning and Investment, the Ministry of Finance, the relevant industry regulator, the Provincial People ' s Committee where the project is implemented. Separately, the GSDG 1.1 appendix submitted only once in the first month's report and only resent when a change in the specific Treaty on ODA and preferable loan capital was signed.

b) The quarterly report

The quarterly report applies to all programs, projects.

In the 15-day period following the end of the quarter, the project owner must submit a quarterly report on the implementation of the program, the project under the Form VI-GSG 2 in Annex V of this Privacy by email (separately, GSDG 2.1 and 2.2 send both written and mail). electronic) on the governing body, the Ministry of Planning and Investment, the Ministry of Finance, the relevant sector management, the Provincial People's Committee where the project and the sponsor (in English, unless otherwise agreed). Separately, the GSG 2.1 appendix submitted only once in the first quarterly report and only resent when a change in the specific Article on ODA and preferable loan capital was signed.

For programs, the project does not have the content associated with compensation, free release, and resettlement, the environment protection not the 2.6-and-7 GSDG Annex and the GSG 2.7 Appendix.

c) Report

The annual report applies to all programs, projects.

Slowest on January 31 of the following year, the project owner must submit a Report Year Report on the situation to implement the program, the project under the Form VI-GSG 3 in Annex V of this Smart by text and email on the governing body, the Ministry of Planning and Investment, the Ministry of Finance It is, in fact, the relevant sector managers, the Provincial People's Committee, where the program, the project, and the sponsor.

d) The project ends the project

The report concluded the project applies to all programs, projects.

In the 06-month period from the date of the end of the program, the project, the project owner must submit a report by the Report Template ending the program, the project under the Form VI-GSG 4 in Annex VI of this Notice in writing and email on the governing body, the ministry said. Planning and Investment, Ministry of Finance, Ministry of Foreign Affairs, Ministry of Foreign Affairs Management, the Provincial People's Committee where the program, project and sponsor.

2. For component projects in the framework of the program, the umbrella project:

The project owner projects the implementation of the report mode and the report expression applicable as for the programs, the project under the regulation at the UN Digital Protocol. 38 /2013/NĐ-CP And this one. The report sent on the basis of the component project, the program owner, the umbrella project. The program holder, the umbrella project responsible for aggregation of the report of component projects in the joint reports of the program, the umbrella project and the implementation of the report regime and the prescribed report form at the Digital Protocol. 38 /2013/NĐ-CP And this one.

3. For non-project aid:

The report regime and the report pattern apply as for programs, the project under the regulation at the International Protocol. 38 /2013/NĐ-CP And this one.

4. For the private sector access to ODA capital and preferable loans:

The report regime and the report form applies to the forms of ODA capital and preferable loan capital regulation at Article 9 of the Digital Protocol. 38 /2013/NE- CP is specifically specified as follows:

a) The private sector borrowing capital from the system of financial institutions, domestic credit through programs, project limits credit or credit contract funded by the source of ODA and preferable loans: Private sector project owners are responsible for reporting. I mean, the rules are on this one. The report sends financial institutions, credit in the loan water, the Ministry of Planning and Investment and the Ministry of Finance;

b) Participate in the programs, projects of priority areas using ODA capital and government preferable loans in the form of state budgets for loans: Private sector projects are responsible for reporting by regulation at Clause 1 Article. Report to the Ministry of Planning and Investment and Ministry of Finance;

c) Participation in the programs, projects in the form of a public partnership, in which the Government contributes to the source of the ODA capital and preferable capital: The private sector is responsible for reporting under Article 1 This Article. The report sent on the governing body, the Ministry of Planning and Investment and related agencies;

d) Participate in the programs, projects that have the goal of supporting the private sector of the program ' s governing body, the project: The private sector unit is responsible for reporting under Article 1 This Article. The report sent to the governing body, the Ministry of Planning and Investment and related agencies.

4. Other regulations on report mode and report patterns:

a) In addition to the implementation of the report mode and the prescribed report pattern at 1, 2 and 3 This Article, during the implementation of the program, the project, if the specific international Convention on ODA and the preferable borrower has signed the revised, complementary, extension, project owner. must inform the governing body, the Ministry of Planning and Investment, the Ministry of Finance, the relevant industry regulators and the Provincial People ' s Committee where to implement the project on these changes in the latest report;

b) The specific international Convention on ODA and preferable borrower has its own regulation of the report regime and the report manifold, in addition to adhering to the regulations at the Protocol. 38 /2013/NĐ-CP And this message, the governing body complied with the report regime and the report pattern above.

What? 27. The regime reporting the adoption situation and the use of ODA capital and the preferable capital grant equity at Section 2 Article 57 of the Digital Protocol. 38 /2013/NĐ-CP.

In the 20-day period after each quarter, the governing body must establish and submit a General Report on the motor situation, reception and use of ODA capital and preferable capital, the results of implementation of programs, ODA projects and preferable loans under the Form of Management. VI-GSG 5 in Annex VI of this Private Information is written and email about the Ministry of Planning and Investment, the Ministry of Finance and the Ministry of Foreign Affairs for the synthesis of functions, tasks assigned.

What? 28. The regime reporting the adoption situation and the use of ODA capital and state-level preferable capital loans at paragraph 3 Article 57 of the Digital Protocol 38 /2013/NĐ-CP.

1. The Ministry of Planning and Investment Report a total of 6 months and all year on the motor situation, management and use of ODA capital and preferable loans at the national level under the Form VI-GSG 6 in Annex VI of this Information Government Prime Minister (in writing), informed the Ministry of Finance and related agencies (in writing and email). The 06-month report sent before July 31 each year and reported the year to 31 January the following year.

2. The Ministry of Finance sets a six-month-and all year aggregate report on the situation of the solution, capital withdrawal, payment and debt to the source of ODA and equity borrowing debt at the national level under the Form VI-GSG 7 in Annex VI of this Information covered (in writing), informed the Ministry of Planning and Investment and related agencies (in writing and email). The first 6-month report sent before July 31 each year and reported the year to 31 January the following year.

What? 29. Treatment of violations in monitoring and evaluation work

1. The agencies, the unit responsible for the regulation of the law on all consequences arise due to the following violations:

a) Not to perform or perform incomplete regulations on monitoring and evaluation at the UN Protocol. 38 /2013/NĐ-CP and this message;

b) Provide false information about the situation of management and use of ODA capital and preferable borrower funds within its management range.

2. The case of the violation of the situation reporting the adoption situation and the use of ODA capital and preferable loans apply the following forms of processing:

a) Violation of non-frequent reporting mode (02 consecutive non-report or 3 non-report): The Ministry of Planning and Investment to submit a written claim to the granting of the authority to adopt a form of violation of the breach against the organization, the individual violation of the report regime;

b) Violation of systematic report mode (04 continually without reporting or 06 without reporting): The Ministry of Planning and Investment reported the Prime Minister of the agency, the breach unit and the proposed form of the warning, including the issue of the granting of the competent authority. consider the approval of the category of funding for programs, new projects proposed by the agencies, the breach proposed.

Chapter VII.

EXECUTION CLAUSE

What? 30. The transition clause

Programs, projects and non-project aid in the transition period from the Digital Protocol. 131 /2006/NĐ-CP November 9, 2006 of the Government enacted the Management Regulation and uses the official development assistance to the International Protocol. 38 /2013/NĐ-CP April 23, 2013 of the Government is treated as follows:

1. For the case the master agency has submitted the program details of the program, the project but has not been approved of the Sponsorship Requirements requirement at the Protocol. 131 /2006/ND-CP: The governing body is to complete the scheme and take steps as stipulated at paragraph 2 Article 6 of this Wise. Approval of the List of Executed Grants in accordance with the Digital Protocol 38 /2013/NĐ-CP.

2. For the program case, the project had the Decision to approve the Catalogue of Financing Requirements at the Protocol. 131 /2006/NĐ-CP is in the process of preparation, preparation of execution and execution if the content is changed compared to the request for the content of the Decision to approve the Sponsorship Portfolio at Article 18 of the Digital Protocol. 38 /2013/NĐ-CP, It ' s in accordance with Regulation 19 of the Digital Decree. 38 /2013/NĐ-CP.

3. The case of programs, the project is on the stipulation at the Protocol 31 /2006/NĐ-CP But the issues that arise are not consistent with the regulations at the Digital Decree. 38 /2013/NĐ-CP and this privacy, the chair of the governing body project to review and decide on the authority. In case of excess authority, the governing body reported the Prime Minister to review and decide.

What? 31. Effect of execution

1. This message has been in effect since 26 February 2014.

2. This information replaces the Digital 04 /2007/TT-BKH July 30, 2007 of the Ministry of Planning and Investing Guidelines Implementing the Management Regulation and Use of Official Development Support, Digital Information and Management. 03 /2007/TT-BKH March 12, 2007 of the Ministry of Planning and Investment Guide to the Functo, Mission and organizational structure of the Program Management Board, the ODA project and the number decision. 803 /2007/QĐ-BKH July 30, 2007 of the Ministry of Planning and Investment Affairs on the enacration of the situation reporting implementation of the program, the ODA project.

What? 32.

Ministries, sectors, localities, organizations and individuals are responsible for this practice.

Minister.

(signed)

Hallelong