Decree 38/2013/nd-Cp: Regarding The Management And Use Of Sources Of Official Development Assistance (Oda) And Preferential Loans Capital Of Donors

Original Language Title: Nghị định 38/2013/NĐ-CP: Về quản lý và sử dụng nguồn hỗ trợ phát triển chính thức (ODA) và nguồn vốn vay ưu đãi của các nhà tài trợ

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Pursuant to the law on organization of the Government of 25 December 2001;

Pursuant to the law on State budget of 16 December 2002;

Pursuant to the law building on November 26, 2003;

Pursuant to the law signing, joining and implementing international treaties on June 14, 2005;

Pursuant to the law on investment of 29 November 2005;

Pursuant to the law on tenders of 29 November 2005;

Pursuant to the law on public debt management, June 17, 2009;

Pursuant to the law amending and supplementing some articles of the law concerning the basic construction investment on June 19, 2009;

According to the recommendation of the Minister of planning and investment;

The Government issued the Decree on the management and use of sources of official development assistance (ODA) and preferential loans source of donors, chapter I GENERAL PROVISIONS article 1. Scope of this Decree, regulations on the management and use of sources of official development assistance (ODA) and preferential loans of foreign Governments, international organizations, intergovernmental organizations or the United Nations (hereinafter referred to as the sponsor) provided to the State or the Government of the Socialist Republic of Vietnam.

Article 2. The object is the application object to apply the agencies, organizations, individuals involved in or related to the activities in the scope of this Decree.

Article 3. The forms provide ODA and concessional loan of 1. ODA includes non-refundable aid of ODA and ODA loan: a non-refundable aid of ODA) is the form of providing ODA is not refunded to donors;

b) ODA loan form provided ODA must return to the sponsor with the preferential conditions on interest rate, grace period and repayment time, ensure non-refundable elements reached at least 35% of the loans are binding and only 25% of the loans are not binding. The method of calculating the factor non-refundable stated in annex I of this Decree.

2. preferential loans are forms of conditional loan offers incentives, more than commercial loans, but the elements are not refundable not yet standards of ODA loans are specified in point b of Paragraph 1 of this article.

Article 4. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. "governing body program, project" (hereinafter referred to as the "governing body") is the central organ of the party, the Supreme People's Procuratorate, the Supreme People's Court, the body directly under the Congress , The State Audit, the Office of the President, ministries, ministerial agencies, Government-affiliated agencies, provincial people's Committee and the central cities (hereinafter referred to as "the Committee"), the central organ of the Organization of the social-political, social-political organizations of career , social-professional organization has programs, ODA projects and concessional loans (hereinafter referred to as "program, the project").

2. "the program," project (hereinafter referred to as "the project") is the governing body responsible for traffic management, use of ODA, concessional loans and capital for the application to implement programs and projects.

3. "project management" is the unit was assigned the responsibility to help project managers and implementation of programs and projects.

4. "the program Steering Committee, the project" (hereinafter referred to as "the Committee") is established Committee composed of representatives of the governing body and the relevant authorities with the task of directing, coordinating and monitoring implementation, program coordinator of the project. In some cases necessary, on the basis of the agreement with the donor, the Steering Committee may include representatives of sponsors.

5. "sponsored listing" is a category consisting of one or more programs, projects and AIDS Africa projects require funding, ODA and concessional loans granted Vietnam's approval authority and uniform donor funding, as the basis for the governing body to coordinate with donors to build the program documents , project aid and Africa project.

6. "project" is a collection of proposals that relate to each other in order to achieve a certain goal or a number, are made on specific geographical areas, in the period of time identified and based on the identified resource. The project consists of investment projects and technical assistance projects.

7. "project" is a collection of suggestions put medium and long term capital to conduct investment activities on specific areas, within the time period specified. The investment projects include two types: a) "investment project of construction" is the set of proposals related to the removal of capital to new construction, expansion or renovation projects aim to develop, maintain, improve the quality of the work, product or service in a given time limit. Project construction are classified in national important projects and projects of Group A, B, C according to the provisions of the law on construction works;

b) "other projects" are projects not subject to the type of the investment project of construction works specified in point a of this paragraph.

8. "the technical support project" is a project aimed at supporting institutional and capacity development or provide technical inputs to the preparation, implementation of programs and projects through activities such as providing experts, training, support equipment, data and documents , visiting survey, workshops.

9. "the program" is a set of activities, the projects are related to each other and can relate to one or more departments, sectors, regions, many different entities in order to achieve one or more objectives identified, is made in one or more stages.

10. "the program, national key project" is a project by the programme, the National Assembly decided to investment undertakings.

11. "the attached policy framework program" is the program attached to the conditions of the policy, macroeconomic reforms, sectors, areas which Vietnam Government pledges to follow a certain route.

12. "program, the umbrella project" is a program, a project in which a governing body the general coordination role and the governing body of the project component.

13. "the program, area, worldwide project" (hereinafter referred to as "program, the regional project") is a program, the project is funded by the ODA and concessional loans to a group of countries in one or more geographic areas, including the participation of Vietnam, to perform collaborative activities intended to achieve the objectives identified for the benefit of the parties and the common interests of the region or globe.

14. "the program documents, projects" is the context of the present document, the need, objectives, content, results, activities, mostly of capital, capital structure and resources, the resources of the financial mechanism, in the water and form the governing body of the programme, projects. For the project, documents the project's feasibility study report.

15. "non-project aid" is not a method of providing ODA according to the specific project. AIDS Africa projects is provided in the form of money, goods, aid experts.

16. "budget support" is a method of providing ODA and concessional loans, under which the support account was transferred directly into the budget of the State; be managed, used according to the regulations, Vietnam's budget procedure and in accordance with the agreed content with sponsors.

17. "commercial Loan" is a loan under market conditions similar to the conditions of export credit loans or raised on the international capital markets.

18. "ODA and concessional loans not tied" is the account of preferential loan and ODA is not attached to the binding terms regarding supply, goods and services from a number of vendors or certain countries as defined by the sponsor.

19. "ODA and concessional loans have bound" is the account of ODA and concessional loans with binding provisions relating to supply, goods and services from a number of vendors or certain countries as defined by the sponsor.

20. "international treaties on ODA and concessional loan" is the written agreement was signed on behalf of the State or the Government of the Socialist Republic of Vietnam with one or more donors on issues related to ODA and concessional loans. International treaties on ODA and concessional loans include: a) "the international treaty framework on ODA and concessional loans" are international treaties on ODA and concessional loan commitment on the principles and the General conditions have content related to strategy, policy, the cooperation framework framework priority direction, in providing and using ODA and concessional loans; the field, programs, project funding agreements; framework conditions and commitment of ODA and concessional loan for a year or years for programs and projects; the principles and practices of planning management, program implementation, the project;

b) "specific treaties on ODA and concessional loans" are international treaties on ODA and concessional loan commitment about funding for specific projects, programmes or budget support, with content related to the objectives, activities, results to be achieved plan, implement, conditions of funding, capital, capital structure, duties, responsibilities and authority of each party, the principles, should comply with standards in management, programme, project and the conditions of disbursement, repayment conditions for loans for the program, project.

21. "Inherently bad" is the Vietnam's contributions in kind or money to prepare, programme, project and deployed from the source to the central budget, local budget, which was due home the self project layout, which contribution of beneficiaries and the reciprocal capital.

22. "the private sector" in this Decree shall be understood as the State economic sector.

Article 5. The method of providing ODA and concessional loans the method provided ODA and concessional loans include: 1. Budget support.

2. To support the program.

3. Project support.

4. Aids Africa projects.

Article 6. Basic principles in the management and use of ODA and concessional loans


1. ODA and concessional loan is funding in the State budget is used to implement the priority objective of economic and social development of the country and are reflected in the State budget according to the provisions of the law.

2. Government systems for the governance of ODA and concessional loans on the basis of the hierarchy associated with the responsibilities, powers, management capacity and initiative of all sectors and levels; ensuring the coordination of management, checks and close monitoring of the agencies involved.

3. The attraction, management and use of ODA and concessional loans have to be considered, balanced and overall selection in the investment capital to develop effective social-economic, sustainable, ensuring the principle of equality, fairness, ability to absorb capital, ability to repay the debt and secure , in which the loan capital used for incentive programs, the project has the ability to direct capital recovery.

4. Ensure public transparency and accountability in the provision of ODA and concessional loans and in the use of resources.

5. Create favourable conditions for the private sector approach to ODA and concessional loans on the basis of shared interests and risk between State and private.

6. Ensure consistency and synchronization between the legal text of Vietnam and harmonization of processes, procedures with donors about ODA and concessional loans.

7. Compliance with the current rules of the law of Vietnam and the international treaties on ODA and concessional loans that the Government or the State of the Socialist Republic of Vietnam is a member. In case there are differences between international treaties on ODA and concessional loan with Vietnam's law provisions on the same matter shall apply the provisions of international treaties.

Article 7. Priority areas using ODA and concessional loan of 1. The system construction of economic infrastructure, large scale and modern, including transportation infrastructure (roads, railways, airports, ports and internal waterways); the infrastructure, the municipality (urban transport, water supply and urban sanitation, urban power supply infrastructure); technology infrastructure-information and communications; energy infrastructure (priority to developing renewable energy and new energy); irrigation infrastructure and dykes.

2. development of the social infrastructure, including culture, health, education and vocational training, social security, poverty, population and development.

3. development of high-tech science, technology and development of science and technology in a number of areas of priority, key, the knowledge economy and high quality human resources.

4. agricultural and rural development, including the restructuring and economic development, agriculture, economic and social infrastructure of the rural, building a new countryside.

5. Strengthening institutional and administrative reform.

6. Protection of the environment and natural resources, the prevention and mitigation of disaster risk, respond to climate change, sustainable development and green growth.

7. Support for promoting trade, investment, finance, banking, tourism and some manufacturing sectors, the business aims to strengthen the competitiveness of the economy.

8. Support the implementation of the national target program.

9. A number of other priority areas as determined by the Prime Minister.

Article 8. The process of mobilization, management and use of ODA and concessional loan of 1. The construction and approval of the funding categories.

2. Preparation, appraisal, approval documents, program project.

3. Concluding international treaties on ODA and concessional loans.

4. Implementation of programs and projects.

5. Monitoring and evaluation of programs and projects.

Article 9. The private sector approach to ODA and concessional loan of 1. Forms Access ODA and concessional loans to the private sector include: a) loans from the financial institutions system, domestic credit through programs, projects or credit limit credit component was funded by ODA and concessional loans in order to make the activities consistent with international treaties on the sources of capital and compliance with the process of lending financial institutions, credit;

b) participated in the program, projects in the fields of priority use of ODA and concessional loans by Government in the form of State budget loans;

c) participated in the program, the project in the form of public-private partnership, in which the Government contributed by ODA and concessional loans;

d) participated in the program, the project has the objective to support the private sector of the Administration program, project.

2. The conditions of receiving ODA loans and incentives for the private sector: a) the Organization's capacity to manage the programme, the projects of the project must be the governing body of the project, program or lending agency confirmed;

b) for ODA lending and preferential loan: the finance projects of the programme, project and financial capacity of the project must be consistent with the valuation provisions of the current law and under the guidance of the Ministry of finance.

Article 10. Domestic financing mechanisms for the use of ODA and concessional loan financing mechanisms in the country for the use of ODA and concessional loan program, the project is as follows: 1. The State budget allocated: apply for programs, projects of infrastructure , social welfare or other areas not likely to recover capital directly belonging to the mission branch of the State budget according to the provisions of the law on the State budget.

2. The State budget for the whole or part of the loan of capital apply to the following cases: a) programs, the project has the ability to recover the whole or part of the capital;

b) program, the project is not in the task of the State budget;

c) programs, project by the provincial people's Committee is the governing body subject to ODA loan lending and the Government's preferential loan.

3. In each specific case, the Government for the provincial people's Committee in lending and loan ODA incentives for programs, projects in the task of the local budget, the provincial people's Committee is responsible for the layout of the local budget to repay the loan back to the Government.

Chapter II CONSTRUCTION and APPROVED FUNDING LIST article 11. Grassroots mobilization of ODA and concessional loan and ODA loan Stadium incentives are made on the basis of: 1. Strategy, planning, socio-economic development plan of the country, social sectors, regions and localities.

2. Strategy of public debt and external debt of the country in the period 2011-2020 and the vision to 2030.

3. The project oriented to attract, manage and use of ODA and concessional loans in each period.

4. The objective of the national program and the goal of the program, local branches.

5. The program, strategic cooperation between Vietnam and orientation with the donors.

Article 12. Responsible for mobilizing ODA and concessional loan of 1. The Ministry of planning and investment is the host agency lobbying and preferential loans to ODA at national, sectoral, local Union.

2. The ministries presiding, in cooperation with the Ministry of planning and investment and related agencies organized mobilization of ODA and concessional loans in the industry.

3. provincial people's Committee chaired, in cooperation with the Ministry of planning and investment and related agencies organized mobilization of ODA and concessional loans at the local level.

4. The Vietnam's representative offices abroad, or representatives of international organizations in Vietnam in cooperation with the Ministry of planning and investment and the Ministry of Foreign Affairs conducts mobilization of ODA and concessional loans in the country or in the international organizations.

Article 13. The construction and approval of category 1. Base base mobilization of ODA and concessional loans as defined in article 11 of this Decree, the Ministry of planning and investment, coordinated with the Ministry of finance, relevant agencies and individual donors to build collaborative orientation and priority areas using ODA and concessional loans the report, the Prime Minister.

2. On the basis of the orientation of cooperation and priority areas using ODA and concessional loans, needs to mobilize ODA and concessional loan of the governing body, the conditions provided ODA and concessional loan of sponsors, governing body sent the Ministry of planning and investment, suggested funding attached proposed program , project.

Cooperation-oriented base with home support and priority areas using ODA and concessional loans from the Government, the Ministry of planning and investment to host, in cooperation with the Finance Ministry and relevant agencies to choose the program proposal, the project accordingly and inform the governing body to build the outline of the program , project. The cost of building the program outline, the project was deployed from the capital of the governing body, which the project owner (if any) and other legitimate capital. With regard to the organs are allocated from the State budget, the cost of building the program outline, the project is granted from the State budget or support from ODA non-refundable aid.

3. for the list of funding approved under the authority of the Prime Minister specified in clause 1 of this Decree: article 14 a) governing body sent the Ministry of planning and investment, suggested the Prime Minister approved the funding categories attached program outline, and writing projects documents about the possibility of arranging ODA and concessional loan of sponsor;

b) dispatch base proposed by the governing body, within 5 working days, the Ministry of planning and investment, Ministry of finance and the relevant agencies, suggested to contribute comments for outline of program, project. Within 15 working days from the date of dispatch of the feedback suggested the Ministry of planning and investment, the Finance Ministry and relevant agencies to submit comments in writing to the Ministry of planning and investment.

Pursuant to the provisions in article 10 of this Decree, the Ministry of planning and investment has comments on the principle of financial mechanisms in the country to apply for the program, projects using ODA aid is not refundable; The Ministry of Finance of the opinion in principle domestic financial mechanisms applicable to the programmes, projects using ODA loans and preferential loans;


c) within 15 working days from the date of receipt by the Agency of the Ministry of planning and investment announced to the governing body in collaboration with the sponsors the perfect outline of program, project. On the basis of the outline of the program, the project has been finalized, the Ministry of planning and investment, the prime consideration, approval of the funding categories.

Within 5 days after receiving the decision approving the list sponsored by the Prime Minister, the Ministry of planning and investment to send written notice to sponsor list attached program outline, to project sponsors.

4. for the list of funding approved under the authority of the governing body specified in item 2 of this Decree: article 14 a) governing body sent the Ministry of planning and investment, the Finance Ministry and relevant agencies to dispatch the proposal contribute comments attached program outline , text and projects, documents about the possibility of arranging ODA non-refundable aid of sponsors;

b) within a period of 10 working days from the date of receiving the written recommendation to contribute comments, the Ministry of planning and investment, the Finance Ministry and relevant agencies to submit comments in writing on the governing body.

Pursuant to the provisions in article 10 of this Decree, the Ministry of planning and investment to host, in cooperation with the Ministry of finance comments on financial mechanisms in the country to apply for the program, the proposed project;

c) within 10 working days from the date of receipt by the authority, the governing body in collaboration with the Ministry of planning and investment and donor perfect outline of program, project and consider the decision approving the funding category.

Within 5 working days from the date of approval of the funding categories, the Governing Body decided to submit the approval of category attached sponsorship program outline projects for the Ministry of planning and investment, the Finance Ministry and relevant agencies to follow and General synthesis; at the same time send a message text sponsored category program outline attached, to project sponsors.

Article 14. The authority approved funding list 1. The Prime Minister approved the funding portfolio for the following cases: a) the programs and projects that use ODA loans and preferential loans; AIDS Africa projects using ODA loans;

b) program, the umbrella project; the program, project attached policy framework; the programs and projects in the fields of security, defense, religion;

c) ODA loans non-refundable aid on capital scale equivalent funding from 1 million or more;

d) technical assistance to prepare the program, ODA loan projects and preferential loans;

DD) aid goods in an administration of the State.

2. The governing body approved the funding category for cases not specified in clause 1 of this article.

Article 15. Join the program, the project area 1. The governing body have text sent the Ministry of planning and investment, accompanied by text, documents and programs, regional project, which stated the rights and obligations when participating. The Ministry of planning and investment to host, in cooperation with the relevant authorities the prime consideration, decided the Vietnam joining.

2. For cases not yet identified is the governing body of the programme, the project area, the Ministry of planning and investment to host, in cooperation with the relevant authorities the prime consideration, decided the Vietnam engagement and the governing body of the programme, this project.

Article 16. Outline of program, project and outline of pilot project grants 1. Outline of program, project is the document describing the essential context, the need, objectives, content, results, activities, expected total capital, sources and capital structure, financial mechanisms proposed in the country, form the governing implementation of programs and projects. Sample outline of program, project stated in Annex IIa of this Decree.

2. Outline of the African AIDS project is the documentation describing the essential aid not according to the specific project, to be provided in the form of artifacts, money or experts. Sample outline of AIDS Africa projects outlined in the appendix to this Decree of Ilb.

Article 17. The works done before in case of need and on the basis of uniform with the sponsor, the governing body recommending the activities implemented in the period of preparation, preparation of implementation of the program, project, including: 1. The works are allowed to perform after the outline of the program the project was approved by the authority: a) established project management;

b) building and the approval authority of resettlement policy framework in the process of evaluation and approval of program documents, project;

c) prepare plans to tender, tender documents, tender.

2. The activities to be prohibited during the period from when the program documents, the project authority approved until specific treaties on ODA and concessional loan program, the project's effect, including: a) approval of the plan, bidding, bid , tender and approval of the results of tender, contract negotiations for the package of goods and construction and installation for activities implemented in the first 12 months of the program, projects and some package (project management, technical consultancy and design consulting, supervision, advice on relocation);

b) The contracts of goods, construction and consultant of the packages specified in point a of this paragraph was signed only after specific treaties on ODA and concessional loan program, the project's effect.

Article 18. The content of decision approving the list of funding decision approving the list of funding authority includes the following: 1. The name of the program, and project sponsors, co-sponsors.

2. The name of the governing body, the owner of the project.

3. objective and results of program, project.

4. the maximum period of program implementation, the project.

5. capital limit of program, project (non-refundable aid, ODA, ODA loans, preferential loans and capital for the application).

6. financial mechanisms and Sources of water for the program, project.

7. The activities done before (if available).

Article 19. Modify, supplement the content approval decision funding portfolios in the course of the evaluation, deployment, implementation, if the program, change the content project in comparison with the decision approving the list of funding authority (except the content prescribed in clause 7 of this Decree of 18 Articles) : 1. for the list of funding approved under the authority of the Prime Minister: on the basis of uniform with the sponsor and the base proposed by the governing body, the Ministry of planning and investment, Ministry of finance and the opinions of the relevant agency, the prime consideration , decided the contents change.

2. for a category of funding approved under the authority of the governing body: on the basis of uniform with the sponsor, the governing body took the opinion of the Ministry of planning and investment, Ministry of finance, the relevant agency before considering approval of the content of the change.

In the case of the amendment and supplement program content, the project lead to exceeding the authority approving the funding categories, the governing body made according to the provisions in clause 1 of this article.

Chapter III the PREPARATION, APPRAISAL and APPROVAL of PROJECTS, PROGRAM TEXTS article 20. Duties of governing body in the preparation, appraisal and approval of program documents and projects after having decided to approve the list of funding and funding commitment text's sponsors, the governing body has the following duties: 1. the decision on the project.

2. Direct the project to perform the tasks as defined in article 21 of this Decree.

3. Layout the resources according to the authority for the preparation of the program and projects.

4. Organize the evaluation and approval of program documents, the project authority specified in clause 2 article 24; articles 25, 26 and 27 of this Decree.

Article 21. The task of the master project in the preparation, appraisal and approval of program documents, Project Server project has the task of coordinating with sponsors in the preparation, establishment, program documents of the project as specified in articles 22, 23 of this Decree and complete records to perform the procedure on the evaluation and approval of program documents the project, as specified in articles 25, 26 and 27 of this Decree.

Article 22. Text content program, project 1. Program documents, the project is built on the basis of the content of the outline of the programme, the projects funded items that have been approved by the authority.

2. Sample text project (feasibility study report) stated in annex Illa, documents technical assistance project outlined in annex Illb, documents the program outlined in annex IIIc, programme documents, project the box outlined in annex of this Decree Illd.

In the case of program documents, the project is built according to the model of the donor, the content stated on the Project Server computer must be in the process of coordinating with sponsors created this instrument, ensuring the harmonization of processes, procedures between Vietnam and sponsors.

Article 23. Which prepared the program, project 1. Funding category is the basis to plan and layout preparation programs, capital projects. Preparation programs, capital projects include the account below: a) the cost of research, investigations, surveys, collect, analyze and synthesize data;

b) costs, improve program documents, projects, including the cost of hiring consultants and translation costs;

c) cost evaluation documents program, project;

d) costs of training, the capacity for core staff on program management, project;

DD) costs for the activities undertaken on the basis of the decision approving the list of the authorized funding.

2. for the programme, the projects are allocated from the State budget: master planning project which prepared the programme, projects to synthesize into the general budget plan of governing body. The approval process, the allocation of capital to prepare the programme, the project made under the provisions of the law on the State budget.


The case for capital planning point preparation program, the project does not coincide with the annual budget plan, governing body balance in the total capital to prepare the programme, the project has been allocated; in no case is this capital itself, the governing body has the text sent the Ministry of planning and investment, Ministry of finance require consideration, decided the additional budget.

3. With regard to the programs, projects in the State budget for the entire loan or loan back part and to allocate a part: self project home layout preparation programs, capital projects. In no case is this capital project owners, the governing body reviewed, resolved by the authority.

4. In the case of donor support to prepare the program, project, project owners are responsible for reporting to the governing body, browse by current rules and take on capital plan preparation program, annual project of the governing body.

Article 24. The authority to approve documents, program approval authority of project documents, project program (the Authority decided to invest in the project investment) regulations are as follows: 1. The Prime Minister for approval: a) documents program, national key project;

b) documents the attached policy framework programme; the program, projects in the fields of security, defense, religion.

2. The head of the governing body approved the text of the program, the project for the cases not specified in clause 1 of this article.

Article 25. The evaluation documents program, project 1. For the text of the program, the projects approved under the authority of the Prime Minister: a) program, the national important project: the evaluation carried out under current rules on the program, a project of national importance;

b) enclosed program policy framework; the program, projects in the fields of security, defense, religion: the governing body is responsible organizing evaluation documents program, project and process the prime consideration for approval.

2. For the text of the program, the projects approved under the authority of the heads of Administration: the governing body is responsible organizing evaluation and approval of program documents, project.

3. content and evaluation process documents program, project: a) for investment projects, content and evaluation process implemented in accordance with the current legislation;

b) for programs, other projects not specified in point a of this paragraph, the Ministry of planning and investment is responsible for guidance on the content and assessment processes;

c) for the program, project lending ODA and concessional loans, the evaluation of the financial plan of the programme, project and financial capacity of the project made under the provisions of the law on public debt management, legal texts and other relevant guidelines of the Ministry of finance.

4. in the assessment process, the Agency, the evaluator must take the opinions of the relevant authorities, the review process, the procedures and the progress of the evaluation of the sponsor to ensure the coordination and harmony needed, considering the content has an agreement with donor comments, appraisal of sponsor or sponsor's representatives. Ideas or differing opinions between the parties must be reflected in the evaluation report.

5. Organs, the evaluator is responsible for results evaluation documents program, project; the Agency participated in the evaluation is responsible for the content of the program, project documents relating to his duties, function in accordance with the law.

Article 26. Records appraisal program documents, project profile proposal evaluation documents program, the project includes: 1. Sheets of the proposed evaluation documents program, a project of the governing body (for program documents, project approval authority of the Prime Minister) or by the project owner (for program documents the project, approved under the authority of the governing body).

2. Decides to approve the listing of funding authority.

3. the program documents, project.

4. in case the program, projects subject to lending, project owners submit proof of financial ability, repayment plans and other materials under the guidance of the Ministry of finance.

5. written comments of the Ministry of planning and investment, Ministry of finance, the agency concerned, the sponsor (if any) in the process of establishing the program, the project documents.

6. documents in foreign languages must be accompanied by Vietnamese translations.

Article 27. The time limit for the evaluation and approval of program documents, project 1. Time evaluation documents program, project from the date of receipt of a valid application: a) for programs, projects of national importance: not too 90 working days;

b) for A Group of investment projects: not more than 30 days;

c) for investment projects in the Group B: not more than 30 days;

d) for investment projects in Group C and the programs, other projects: no more than 20 working days.

2. within 10 working days from the date of receiving the Agency's evaluation report, which was delivered by the authorized appraisal, review, decided to approve the project, program documents.

3. within 5 working days from the date the program documents, the project was approved by the authority, the governing body announced for sponsors and project approval, results send the Ministry of planning and investment, the Finance Ministry and relevant agencies to decide approval (original or certified copy) attached documents program the approved projects are stamped by the governing body.

Chapter IV the SIGNING of INTERNATIONAL TREATIES on ODA and CONCESSIONAL LOANS Article 28. The proposed facility, signed international treaties on ODA and concessional loan of 1. The proposed facility signed international treaties framework on ODA and concessional loans is results, strategy and development cooperation policy, priority areas on ODA and concessional loan was agreed between Vietnam and sponsors.

2. Basis of the proposed signing of international treaties specifically on ODA and concessional loans is written program, the project has been approved by the authority.

3. The signing of international treaties on ODA and concessional loans made under the provisions of the law on signing, joining and implementing international treaties and law on public debt management.

Article 29. Duties and powers of the Prime Minister about signing international treaties on ODA and concessional loans from the Prime Minister on behalf of the Government performing the duties and authority of the following: 1. The report before the President negotiated, signed international treaties on behalf of the State and of international treaties on behalf of the Government on ODA and concessional loan provisions must approval.

2. The decision to conduct the negotiations, to sign international treaties on ODA and concessional loans in the name of the State, Government.

3. The decision of approval of international treaties on ODA and concessional loans on behalf of the Government.

4. The President consider, ratify international treaties on ODA and concessional loan for cases of international treaties signed on behalf of the State and of international treaties on behalf of the Government on ODA and concessional loan provisions are adopted.

Article 30. The Agency proposed the signing of international treaties on ODA and concessional loan of 1. The Supreme People's Court, the Supreme People's Procuracy, Ministry, ministerial-level agencies, government agency is the Agency proposes the Prime Minister about the signing of specific treaties on the non-refundable aid of ODA for the program, his agency in the project, except in the case specified in paragraph 3 of this article.

2. The Ministry of finance is to propose the Prime Minister about the signing of international treaties specifically on ODA loans and preferential loans, excluding loans to ODA and concessional loan stipulated in paragraph 3 of this article.

3. State Bank of Vietnam is the Agency proposes the Prime Minister about the signing of international treaties specifically on ODA and concessional loans to the World Bank, the Asian Development Bank, the International Monetary Fund and other financial institutions in international currency other that the State Bank of Vietnam as the representative.

4. Ministry of planning and investment is the Agency proposes the Prime Minister about the signing of international treaties on ODA and concessional loans in the following cases: a framework on international treaties) ODA and concessional loans;

b) specific international treaties on the non-refundable aid of ODA for the program, the Agency's projects are not defined in paragraph 1 of this article, except for non-refundable aid of ODA, the World Bank, the Asian Development Bank, the International Monetary Fund and other monetary financial institutions of the other international provisions in Clause 3 of this article.

Article 31. Order and procedure of signing international treaties on ODA and concessional loan of 1. The Agency proposed the opinions of related agencies, check comments of the Ministry of Foreign Affairs, the opinion of the evaluators, the general process of the prime consideration, decided the negotiation, signing international treaties on ODA and concessional loans.

2. The Prime Minister reported the President and decide the negotiation, signing international treaties on ODA and concessional loans in the name of the State, the international treaties on behalf of the Government must approve the regulations.

3. The Agency is the prime delivery chaired negotiations conducted negotiations with donors on draft international treaties on ODA and concessional loans.

4. The base negotiation results fit with the content of the draft international treaties on ODA and concessional loans have been approved by the Prime Minister and signed authorization, who was the Prime Minister authorized to proceed to sign international treaties with representatives of the sponsors.

The case of the results of negotiations has changed in comparison with the content of the draft international treaties on ODA and concessional loans have been approved by the Prime Minister, the Agency proposed the opinions of the relevant authorities, the Prime Minister decided to sign international treaties.

5. With regard to the case after signing treaties must be ratified or approved, the Agency proposed the opinions of relevant authorities, the Government of Prime Minister to the Prime Minister for approval or the approval of the President.


Article 32. The order authorized the negotiation procedure, signed the international treaty specifically on ODA and concessional loans with the same donor 1. On the basis of General comments of relevant agencies and donors, the Agency proposes the Prime Minister regarding the authorization of one or more representatives to negotiate the signing of international treaties, specifically on ODA and concessional loans with the same sponsor. The Prime Minister's record includes the following text: a) the Sheet of the Agency to propose the Prime Minister regarding the authorization of one or more representatives to negotiate the signing of international treaties, specifically on ODA and concessional loans with the same sponsor;

b) copy of international treaties on ODA and concessional loan was signed with the same donor, or model draft treaties on ODA and concessional loans with the same sponsor includes the main content and options for specific issues (if any);

c) comments by the Foreign Ministry, the Ministry of Justice, other relevant agencies and sponsors.

2. Pursuant to decision of the Prime Minister, the Foreign Ministry diplomatic procedure of granting authorization to negotiate, sign international treaties on ODA and concessional loans with the same sponsor.

Article 33. The Prime Minister's profile on the negotiation, signing, approving international treaties on ODA and concessional loan of 1. The profile of the Agency to propose the Prime Minister about the talks, signed international treaties on ODA and concessional loans include the following text: a) the Sheet of proposed agency the prime consideration, decided the negotiation, signing international treaties on ODA and concessional loans;

b) documents the program, accompanying projects approved by the decision of the authority;

c) draft international treaties, accompanied by Vietnamese translations in case of international treaties that were signed only in a foreign language;

d) comments in writing of the relevant agency, the opinion of test and evaluation comments of the Ministry of Justice on draft international treaties.

2. Profile of the Agency to propose the Prime Minister on the approval of international treaties on ODA and concessional loan has been signed on behalf of the Government includes the following text: a) the Sheet of the agency propose the prime consideration, approval of international treaties on ODA and concessional loan has been signed on behalf of the Government funding;

b) copy of international treaties, accompanied by Vietnamese translations in case of international treaties that were signed only in a foreign language;

c) comments in writing of the relevant agencies;

d) expected implementation in the case of international treaties signed with no rules about content.

Article 34. Program profile the prime consideration, the President ratifies international treaties on ODA and concessional loan of 1. The newspaper Agency's suggestions the prime consideration, the President ratifies international treaties on ODA and concessional loans were signed with sponsors.

2. The draft documents of the Prime Minister the President regarding the ratification of international treaties.

3. A copy of the international treaties, accompanied by Vietnamese translations in case of international treaties was signed only in foreign languages.

4. written comments of the agencies involved.

5. the implementation plan is expected in the case of international treaties signed with no rules about content.

Article 35. Additional amendments, renewals of international treaties on ODA and concessional loan of 1. As for the amendment, addition, extension of international treaties on ODA and concessional loans after signing must be ratified: follow the provisions of the law on signing, joining and implementing international treaties and law on public debt management.

2. for the modification, addition, extension of international treaties on ODA and concessional loans on behalf of the Government in not specified in Clause 1 of this article;

a) cases must sign new treaties on behalf of the Government: the Agency proposed the prime consideration, decided to follow the procedures prescribed in article 31 of this Decree;

b) case through Exchange mail, the Ham with a sponsor: for additional amendments, renewals of international treaties on ODA and concessional loans in the name of the Government increased the foreign debt obligations of the Government (such as the interest rate, loan term, loan rates, loans, fees) or , change the other commitments of the Government than before, the Agency proposed opinions written by the Ministry of planning and investment, Ministry of Foreign Affairs, the Ministry of Justice and other relevant agencies to aggregate the prime consideration, decision.

As for the amendments, supplements do not increase the foreign debt obligations of the Government (such as interest rates, loan rates, loan term, the fees) or not to change the other commitments of the Government than before, the Agency proposed decision modifying, supplements on the basis of the written opinion of the Ministry of planning and investment Ministry of Foreign Affairs, the Ministry of Justice and other relevant bodies. The proposed agency has a responsibility to report the Prime Minister about his decision. The case of the body have different opinions, the Agency proposed the Prime Minister to decide.

c) suggested authorities inform the sponsor, Ministry of planning and investment, the Foreign Ministry and other relevant agencies about the amendment, addition, extension of international treaties on ODA and concessional loans. Case of need announcements by the Ministry of Foreign Affairs, the Agency proposed coordinating with the Foreign Ministry to the Foreign Ministry completed the procedure on foreign message about the amendment, addition, extension.

Chapter V MANAGEMENT of the PROGRAMME, the PROJECT Article 36. Forms management program project, the Governing Body decided to choose one of the forms management program, the following projects: 1. The governing body as the project owners directly manage programs and projects.

2. direct project management Master program, project.

3. Project management consulting organization rental program, project.

Article 37. Duties and powers of the management body in the implementation of the program, project 1. Determine the organizational management of the programme, projects.

2. Approval of the master plan program implementation, the project; general approval and allocation of annual programs, capital projects.

3. Perform bidding under the provisions of the current law on bidding.

4. The organization of monitoring and evaluation of the implementation, ensure the program, project implementation schedule, quality and achieving its objectives.

5. Responsibility for loss, waste, corruption and other violations in the management and use of ODA and concessional loans under the control of its management.

6. Implementation of other powers and duties prescribed by the law of treaties, ODA and concessional loan program, project.

Article 38. Duties and powers of the project management in implementation of the program, project 1. Organization and management of the programme, the project on the basis of the decision of the governing body.

2. Responsible for the management and the effective use of the funding for the program, since the project preparation, made to when putting the program, projects on exploitation of use.

3. Establishment and the governing body to approve the master plan program implementation, the project; Approval of the plan of implementation of the program, the annual project to make the basis of approved annual capital allocation plan of the governing body.

Particularly for the case of a program, project lending ODA and concessional loans from the Government, which is bad because the home the self project layout, the project owner is responsible for the establishment, approval of the capital plan annually.

4. Build action plans for each quarter, serves for the Administration, monitoring and evaluation of programmes and projects.

5. evaluation of organization; technical design, approval of estimation and estimation of the category of works (with regard to investment projects in the construction).

6. Perform bidding under the provisions of the current law on bidding.

7. Negotiating, signing, monitoring the implementation of the contract and handle breach of the contract.

8. In collaboration with the local government organized to perform compensation, resettlement and assistance under the provisions of the law of international treaties, specifically on ODA and concessional loan program, project (for project construction).

9. the monitoring and evaluation of the implementation of programs and projects to ensure project execution, program schedule, quality and achieving its objectives.

10. Responsibility for loss, waste, corruption and other violations in the jurisdiction of organization management and program implementation, project damage on economic, social, environmental, affect the targets and the effectiveness of the program, projects.

11. With regard to the programs, projects applied for the loan mechanism, the project owner is responsible for the full and timely repayment of loans under the conditions of the loan back.

12. other rights and duties under the rules of the law of international treaties, specifically on ODA and concessional loan program, project.

Article 39. Project Management Board 1. In the case of direct program management project, as defined in clause 1 and 2 Article 36 of this Decree, within 30 days after the program, the project was approved by the authority, the decision to establish a project management Committee.

2. The establishment of Project Management Committee to consider the possibility of using the professional project management or project management, we have the home's projects to reduce management costs and to use the capacity, the experience of the project managers.

3. for works made before about the established project management: follow prescribed in clause 1 article 17 of this Decree.


4. Within 15 working days from the date of the decision to establish the project management, the project issued the regulation on organization and operation of the project management committee. In the case of international treaties on ODA and concessional loans on the program, signing with project sponsors indicated the organization manage projects, tasks and powers of the Board of management of the project, then the regulations must be specific and adequate expression in the regulation of organization and operation of the project management committee.

Article 40. Duties and powers of project management 1. Duties and powers of the management of the project by the project delivered on the basis of the decision to establish a project management Committee.

Project owners can authorize project management decisions or signing the text of their jurisdiction in the process of implementation management. This authorisation must be provided for in the decision establishing the project management or in the text on the specific authorization of the owner of the project.

2. Management of the project can be given the task of managing a variety of programs, projects, but must be accepted and the project owner must ensure the principle: each program, the project was not interrupted, and managed in accordance with the current provisions of the law. In no case are qualified to make some part of work on the management and monitoring, project management can hire consultants perform this work with the approval of the project.

3. Management of the project has the following specific duties: a) support project overall planning and detailed annual plan implementation program, project;

b) support project in the preparation and implementation of the programme and projects;

c) supports project implementation activities of bidding and contract management;

d) support project in disbursement, financial management, and property of the program, projects;

DD) to perform monitoring and evaluation of the implementation of programs and projects;

e) prepare to host the project and delivered the outputs of the programme, the project after completion; audit work completed, the transfer of property of the program, projects; reporting and report program, project;

g) perform other duties within the framework of the program, project by project.

Article 41. Project management consultant rental 1. Where the lease project program management consultancy, projects as defined in paragraph 3 Article 36 of this Decree, that advisory organization to be eligible, the capability management organization consistent with the scale, the nature of the program, projects. The responsibilities and powers of the management consultancy projects are carried out on the basis of the contract to hire consultants. Project management consultant was hired, individual counseling organizations join the management, but must be approved by project owners and in accordance with the lease signed consulting.

2. The owner is responsible for project selection and contracting of consulting project managers are qualified management organization capacity to help manage project server project. When applying the rental form project management consulting, project owners must still use the specialized units in his or assigned clues to examine, supervise the implementation of contracts project management consultant.

3. Organized project management consultant is responsible for performing the work and the commitment under the contract concluded with project owners and comply with the current rules of the relevant law.

Article 42. The absence of established project management Project Server do not need to establish that the project management using his expertise to manage, program, project or hire someone who has the expertise and experience to help manage, implement programs and projects in the following cases : 1. The program, technical assistance projects using ODA non-refundable aid had total capital (including reciprocal capital) under 200,000 u.s. dollars.

2. Programs, investment projects using ODA non-refundable aid had total investment (including reciprocal capital) under the 350,000 us dollars.

3. The regional project, program, programs, budget support, the African AIDS project.

43 things. Reciprocal capital prepared to make and execute the program, project 1. The program, projects must be guaranteed sufficient capital to prepare for implementation and the implementation of programs and projects (including works made before, if any). Source, the level of capital and capital mechanism for the application to fit the content outlined in the program documents, the project was approved by the authority.

2. reciprocal Capital prepared to make and execute the program, the project could include the following: a) the operational costs for program management, project (wages, bonuses, allowances, Office, media work, administrative costs);

b) cost evaluation design, browser, complete the procedure for investing, building and other necessary administrative procedures;

c) costs related to the process of selection of contractors;

d) expenses for conferences, seminars, training, management and business training programme, the project;

DD) costs of receiving and disseminating technology, experience, international skills;

e) the costs of advertising, propaganda programs, projects and activities in the community;

g) pay customs fees, taxes, insurance premiums under current rules;

h) interest rate payments, deposits, fees and other related fees are charged for the foreign side;

I) receiving equipment cost and domestic shipping (if any);

k) audit costs;

l) cost of making a number of basic activities of the program, project (survey, design, engineering, construction; clearance, compensation and resettlement; construction of some projects, shopping some equipment);

m) costs for the monitoring and evaluation activities; monitoring and quality control, testing, delivery, settlement programs and projects;

n) backup costs and other reasonable expenses.

3. With respect to the program, projects on an allocated from the State budget: the governing body is responsible for capital balance for the application in the estimation of annual budgets of the governing body in accordance with the current legislation and clear delineation of as capital construction, administrative careers correspond to the content of the program's spending , project; ensure reciprocal capital arrangement in full, promptly, in accordance with the schedule specified in the program documents, the project has been approved by the authority, in accordance with the provisions of the law on the State budget and international treaties regarding ODA and concessional loans.

4. for the program, project loans from the State budget and programs, project a part, a part of the loan back: project owners himself arranged the reciprocal capital or the Governing Body decided to ensure sufficient capital for the program, the project before signing the loan contract.

5. With regard to the programs and projects in an allocated from the State budget have time approval or signing does not coincide with the annual budget estimate, not to be a disposition of capital: the governing body has proposed writing the Ministry of planning and investment, the Ministry of finance to handle under the authority or the authority to budget estimation every year.

The case for capital planning time for preparing and implementing the program, the project was sponsored review did not coincide with the annual budget plan, governing body balance in the total capital has been allocated. In case of not being balanced, the governing body has the text sent the Ministry of planning and investment, Ministry of finance requires considering, deciding the advance capital and then deducted the plan next year.

6. In the case of reciprocal capital has been allocated from the central budget every year for the program, projects not handled, the governing body may be transferred to other projects, programs are in demand after the Agency has the authority to approve capital allocation under the current rules.

Article 44. Advance capital to implement programs and projects where there is urgent need of advance capital to implement a number of programs and projects in an allocated from the State budget were committed funding from ODA and concessional loan and was recorded in financial planning that has not drawn are ODA and concessional loans The Ministry of planning and investment to host, in cooperation with the Ministry of finance review, decided to advance the capital from the State budget on the basis of the text explanation of the governing body and the written commitment of the sponsor on the retroactive payment of this advance capital. This stake will be the State Treasury levels recovered again when disbursed ODA and concessional loans allocated for the items.

Article 45. Taxes and fees for the programs, projects and Tax charges applied for the program, the project made under the provisions of the current law on taxes and fees, the international treaties to which the Socialist Republic of Vietnam is a member. In case there are differences between the provisions of domestic law with international treaties which shall apply the provisions of international treaties. The Ministry of finance is responsible for specific guidelines on this issue.

Article 46. Compensation, resettlement and assistance 1. The compensation, resettlement and assistance in the program, the project made under the provisions of current legislation and international treaties regarding ODA and concessional loans which the Socialist Republic of Vietnam is a member. In case there are differences between the provisions of domestic law with international treaties which shall apply the provisions of international treaties.

2. your browser profile, compensation and resettlement support programme, the project must have a formal commitment by the competent agency on the progress, the time limit for the completion of compensation, assistance, clearance and resettlement match progress of each package in the program , project.

Article 47. Bidding 1. The tender to carry out the program, projects must follow the provisions of current legislation and international treaties regarding ODA and concessional loans which the Socialist Republic of Vietnam is a member. In case there are differences between the provisions of domestic law with international treaties which shall apply the provisions of international treaties.


2. for works made before bidding-related provisions in the decision approving the category sponsor: governing body and project owners to conduct the activities done before concerning bidding provisions in article 17 of this Decree.

Article 48. Amendments and supplements the content of programs, projects and the use of surplus capital in the process of implementing the program, project 1. Case modification, additional leads to changes in the content of the decision approving the list of funding: the governing body conducted under the provisions of article 19 of this Decree.

On the basis of comments to approve changes in the content of the decision approving the list of financing authority, the governing body conducted the procedure relating to the approval of the program documents, project revisions and additions.

2. in case of modification, additional programme content, the project led to additional amendments, renewals of international treaties on ODA and concessional loans, the Agency proposed the implementation of the provisions of article 35 of this Decree.

3. The use of residual capital (ODA and concessional loans) arising in the course of implementing the programme, the project includes excess capital after the bidding, capital supernumerary due to changing exchange rates, interest rates, funds not allocated and other residual capital as follows: a) for cases of using surplus capital within the program , project: on the basis of the agreement with the donor, the Governing Body decided to use surplus capital under current rules;

b) for cases of using excess capital to implement the program, the new priority direction project to promote the effectiveness of the program, projects are undertaken: on the basis of the agreement with the donor, the governing body has sent The text of the plan and the accompanying investment program outline , new projects. The next step involves the approval of sponsorship categories follow the provisions in paragraphs 3 and 4 Article 13 of this Decree.

Article 49. Construction management, testing, delivery, accounting, settlement 1. For investment projects, the evaluation, approval and construction of estimation, building license, management, quality, delivery, warranty, insurance of construction works are carried out according to the provisions of the current law on investment management and international treaties regarding ODA and concessional loans which the Socialist Republic of Vietnam as members. In case there are differences between the provisions of domestic law with international treaties which shall apply the provisions of international treaties.

2. With regard to programmes, technical assistance projects, once completed, the Governing Body held trials and conducting necessary measures to continue to exploit and promote the results achieved as well as the implementation of the provisions of the current law on the management of assets and financial programs , project.

3. The audit, settlement programs, projects must be done in accordance with current legislation and international treaties regarding ODA and concessional loans which the Socialist Republic of Vietnam is a member, or at the request of the sponsors. In case there are differences between the provisions of domestic law with international treaties which shall apply the provisions of international treaties.

Article 50. Contract dispute case of disputes relating to the contract in the course of implementing the programme, the project, the responsible party to negotiate the settlement. The case did not reach the agreement between the parties, the settlement of disputes be made through mediation, arbitration or a court under the provisions of the contract or the provisions of the international treaties on ODA and concessional loans on programs, projects, international agreements and the relevant legislation.

Chapter VI SURVEILLANCE and EVALUATION program, the PROJECT Article 51. Program monitoring, program monitoring project, the project includes the activities monitor and examine the process of implementing the programme, the project aims to ensure achievement of the aim and the effectiveness of the program, project, including: 1. Monitoring program, the project included the regular and periodic activity of the Manager to update all of the information related to the implementation of programs and projects; classification and analysis of information; promptly suggested the process in order to ensure the correct implementation of the goals, progress, quality in the framework of the resources of the programme, projects.

2. check the program, projects include: periodic activities scheduled or unscheduled in order to check the observance of the rules of management, timely detect these errors, weaknesses in the implementation of the provisions of the law of Vietnam and international treaties specifically on ODA and concessional loans; recommendations to the competent handling of violations and monitoring the enforcement of the remedy.

Article 52. Reviews of the program, project 1. Reviews of the program, the project includes the activities periodically, consider comprehensive, systematic and objective about the relevance, effectiveness, efficiency, impact and sustainability of the program level, the project to have these necessary adjustments and draw the lessons learned applied to subsequent implementation phases and programs other projects.

2. Evaluation be conducted periodically and irregularly (when necessary). Depending on each specific case and according to the agreement with the donor, the stage reviews may include: a) the initial assessment: proceed immediately after starting the programme, the project aims to examine the changes in practice than the text of the program, the project has been approved to take measures to handle;

b) mid-term evaluation: proceed to the middle of the duration of the program, the project aims to review the implementation to the point reviews to get the necessary adjustments;

c) review ends: proceed immediately after the end of the programme, a project to review the whole process of implementation, as the basis for reporting the end of the program, projects;

d): impact assessment conducted within 3 years from the date of putting the program, projects on tap, used to examine the effectiveness, sustainability and impact than the initial objectives of the program, projects.

3. In order to ensure objectivity, transparency, evaluation must be conducted by the expert or group of experts, independent consultants are recruited according to the current rules, have sufficient professional qualification and experience required (except for the initial evaluation can do project management implementation). Project owners must coordinate with the sponsor determines the time and investment cost for reviews right from the stage of the construction project, the program documents.

4. oversee the plan reviews must be built in program, project documents and are consistent with the nature of the program, projects.

Article 53. The responsibility of the governing body in monitoring and evaluation 1. The Organization set up, operation of the system of monitoring and evaluation of programs and projects at the level of the governing body, inspect the program, this project at least once a year and arranged the necessary resources for monitoring and evaluation.

2. In coordination with the Ministry of planning and investment to implement monitoring and evaluation of programmes and projects at the national level.

3. Prepare reports according to the current regulations and the instructions of the Ministry of planning and investment.

4. full and timely responses to the recommendations of the project outlined in the progress report and report results reviews program, project; in cooperation with donors and relevant agencies to conduct reviews of extraordinarily in case of need.

5. The Organization reviews the impact of the programme, projects under the authority according to the impact assessment plan of the Ministry of planning and investment.

6. Sharing of information through the monitoring system, the evaluation of the program, projects at the level of the governing body to ensure transparency and to enlist the community's scrutiny.

Article 54. The responsibility of the project monitoring and evaluation 1. The Organization set up and operation of the system of monitoring and evaluation at the project and arranged the necessary resources for this work; specify the Department is responsible to regularly perform the duty of supervision, reviews for the program, its projects.

2. Implementation Monitoring and evaluation plan was approved in the program documents, project.

3. timely processing of the constraints and obstacles in the jurisdiction and the recommendations outlined in the assessment report. In case of exceeding authority, the governing body take measures to handle.

4. Prepare reports according to the current regulations and the instructions of the Ministry of planning and investment.

5. Hiring consultants to conduct reviews on the basis of the monitoring and evaluation plan outlined in the program documents, project.

6. Sharing of information through the monitoring system, the evaluation of the program, projects in Project Server level to ensure transparency and to enlist the community's scrutiny.

Article 55. The responsibility of the Project Management Committee in the work of monitoring and evaluation 1. Set the internal information system, gather and archive all information, data, documents, records, books, vouchers, the program's project, report of the contractor, the changes in Vietnam's laws, policies and regulations of sponsor related to the management of the program , project.

2. Reports made under the regulations, provide, information sharing through the monitoring and evaluation system level, local and national level.

3. Assist project owners in the monitoring and evaluation of programs and projects.

Article 56. The responsibility of the Ministry of planning and investment in the work of the monitoring and evaluation of the Ministry of planning and investment is the clue to help prime the Organization perform monitoring and evaluating ODA and concessional loans at the national level, has the following specific duties: 1. Organization set up and operation of monitoring and evaluation systems at national level and layout the necessary resources for this work.

2. Host planning to monitor and assess ODA and concessional loans every year at the national level and in coordination with the ministries and local and donor organizations make this plan.


3. timely processing of the constraints and obstacles in the jurisdiction set forth in the report of the project, the governing body and the sponsor; given the solution to improve the implementation of programmes, projects and enhance the effective use of ODA and concessional loans.

4. Hosted, in cooperation with the Finance Ministry and relevant agencies to monitor compliance with the law and international treaties specifically on ODA and concessional loans, effectively using the program's capital projects. In case of necessity, interdisciplinary work group established to work directly with the governing body and the project owner about the solutions to overcome the difficulties and obstacles in the implementation process of programmes and projects to ensure progress and effective investment. With regard to the problem of rogue, the prime consideration, decision.

5. the Chair, in cooperation with the governing body and the donor choice program, the project for inclusion in the impact assessment plan every year.

6. Sharing of information through the monitoring system, the evaluation of programs and projects at the national level to ensure transparency and to enlist the community's scrutiny.

Article 57. Situation report mode receiving and using ODA and concessional loan of 1. Master level project: project created to report on the implementation of the programme, the project sent the governing body, the Ministry of planning and investment, Ministry of finance, the Department of management related fields, where the provincial people's Committee in implementing the programme, and project sponsors, including: a), report , at the latest 10 days after the end of the month (applicable only for programs and projects approved under the authority of the Prime Minister and the project group A);

b) report, at the latest within 15 days after the first quarter;

c) reports a year, at the latest on 31 January the following year;

d) report ends, at the latest 6 months after the end of the programme, the project;

DD) reported on the changes (if any) compared to the content of specific international treaties on ODA and concessional loans were signed.

Reports for sponsors is made under an agreement in specific treaties on ODA and concessional loan program, project.

2. Level of governing body: slow for 20 days after each quarter, the governing body established the General report on the situation, mobilization and use of ODA and concessional loans, program evaluation report, project management authority and submitted to the Ministry of planning and investment The Ministry of finance and Ministry of Foreign Affairs to sum according to the functions and tasks assigned.

3. National level: the Agency for the following six months and a year, aggregate reporting process, in which the Prime Minister April 6 report submitted before 31 July each year and reported on Jan. 31, submitted five of the following year: a) Ministry of planning and investment to set up the synthesis report the Prime Minister about the situation in lobbying , management and use of ODA and concessional loans at the national level as specified in clause 11 of this Decree 61 Thing;

b) Ministry of Finance established the synthesis report the Prime Minister about the situation, debt payments, repayments and disburse, funds for ODA and concessional loans as prescribed in point i of this Decree 62 Article 5 Clause.

4. Ministry of planning and investment to host, in cooperation with the relevant agencies to guide the reporting regime and form unified reports on ODA and concessional loans, step by step harmonization report form chemistry with donors; monitor compliance with ODA reporting and loan incentives at all levels, and to periodically report the Prime Minister on the implementation of this work.

Article 58. The cost of monitoring and evaluation of the reception, management and use of ODA and concessional loan of 1. Costs for monitoring and evaluating the programme, projects in Project Server are deployed from ODA and concessional loans or from reciprocal capital identified in the program documents, project.

2. Costs for monitoring and evaluation of the reception, management and use of ODA and concessional loans at the level of the governing body and national level are arranged in the estimation of the annual State budget.

Article 59. Inspection of the reception, management and use of ODA and concessional loans receiving inspection, management and use of ODA and concessional loans made under the provisions of the current law.

Chapter VII STATE MANAGEMENT of ODA and CONCESSIONAL LOAN of 60 Articles. Governance of ODA and concessional loan of unity Government to manage state on ODA and concessional loans, including the following: 1. Strategic decisions, policies, planning, attraction and orientation using ODA and concessional loan for each period.

2. The promulgation of the legal texts on the management and use of ODA and concessional loans under the authority.

3. Run the macro management and use of ODA and concessional loans.

Article 61. Duties and powers of the Ministry of planning and investment, Ministry of planning and investment to help the unity Government to manage state on ODA and concessional loans, has the following powers and duties: 1. The clue in the mobilization, coordination, management and use of ODA and concessional loans; presiding over the drafting of the strategy and policies for development cooperation with donors, planning to attract, manage and use of ODA and concessional loans; analysis and evaluation of effective use of resources.

2. Presiding over the drafting, enactment or promulgation of legal texts on the management and use of ODA and concessional loans under the authority.

3. Lead the preparation of the contents and organization of advocacy, coordination of ODA and concessional loan sources according to the authority.

4. the synthesis and the Prime Minister approved the funding categories as defined in paragraph 3 of the article 13 and article 14 paragraph 1 of this Decree.

5. the Chairman, in collaboration with the relevant agencies in the Government of Prime Minister about signing the international treaty framework on ODA and concessional loans and specific international treaties on the non-refundable aid of ODA as prescribed in paragraph 4 to article 30 of this Decree.

6. In coordination with the Finance Ministry and the Prime Minister approved the financial mechanism in the country to apply for the program, projects that use ODA loans and preferential loans.

7. Hosted, in cooperation with the Ministry of Finance: a) The Prime Minister approves financial mechanism in the country to apply for the program, projects using ODA capital of non-refundable aid approval jurisdiction category sponsored by the Prime Minister; define financial mechanisms in the country to apply for the program, projects using ODA capital of non-refundable aid approval jurisdiction category sponsored by the governing body;

b) synthesis and plan disbursements ODA and concessional loans, reciprocal capital; full and timely disposition of capital to prepare the program, project, reciprocal capital source construction in preparation for the implementation and execution of programs and projects in an allocated from the central budget in the annual capital plan;

c) processing of additional capital needs in planning the annual budget estimates of the programme, projects under the provisions of Clause 5 Article 43 and article 44 of this Decree.

8. Build, operate, and improve the system of monitoring and evaluation of programmes and projects at the national level; sharing information with other agencies and donors, effectively exploiting the system.

9. track, check out the management and implementation of programmes and projects; the urge, to support the implementation of programmes and projects.

10. Do the clues to solve the difficulties and obstacles in the process of implementing the programs, projects, problems related to various ministries to ensure progress and boost disbursements ODA and concessional loans; petition the Prime Minister to decide measures to handle the problem of ODA and concessional loans under the authority of the Prime Minister.

In case of need, chairing task group established to work directly with the governing body, the project owner, project management and sponsors to review, evaluate and resolve these problems in a timely manner according to the authority.

11. The Prime recurring synthesis report (6 month, a year) and the situation of mobilization, management and use of ODA and concessional loans; recommendations the solution in order to remove difficulties in the implementation of programs and projects.

12. Host implementation of synchronous measures to improve management efficiency, using ODA and concessional loans.

13. Compiling and dissemination of guidance document on mobilization, preparation, appraisal, management organization implementation, monitoring and evaluation of programmes and projects; support the training program management, Project Professional and sustainable direction.

Article 62. Duties and powers of the Ministry of finance 1. In collaboration with the Ministry of planning and investment and related agencies to build strategic, collaborative policy development with sponsors, planning coordination, attraction, management and use of ODA and concessional loans; analysis and evaluation of effective use of resources.

2. Guide the preparation of the content related to the conditions of use of capital, financial management of the programmes and projects.

3. Hosted, in cooperation with the relevant agencies in the Government of Prime Minister about signing the international treaty specifically on ODA loans and preferential loan prescribed in clause 2 article 30 of this Decree.

4. The official representative for the "borrower" for the ODA loan terms and preferential loans in the name of the State or the Government with donor, except loans by the State Bank of Vietnam represents Vietnam and is authorized to sign international treaties on that loan.

5. the financial management for the program, project: a) presiding, in cooperation with the relevant agencies a guide on financial management for programs and projects;

b) presiding, in cooperation with the Ministry of planning and investment, the governing body and the bodies concerned the Prime Minister approves financial mechanism in the country to apply for the program, projects that use ODA loans and preferential loan before signing international treaties specifically on ODA and concessional loans;


c) in collaboration with the Ministry of planning and investment, the Prime Minister approved the financial mechanism in the country to apply for the program, projects using ODA capital of non-refundable aid approval jurisdiction category sponsored by the Prime Minister; define financial mechanisms in the country to apply for the program, projects using ODA capital of non-refundable aid approval jurisdiction category sponsored by the governing body;

d) specifies the procedure of withdrawal of capital and funds management of the program, the project on the basis of the provisions of the applicable law and the provisions of international treaties on ODA and concessional loan signed with sponsors;

DD) presided over tax policy implementation guidelines and fees for the programs and projects; solve the problems and obstacles related to taxes and fees;

e) layout which the State budget and other funds to repay the loans and preferential loans to ODA when due;

g) in collaboration with the State Bank of Vietnam to determine and publish the list of qualified commercial banks make foreign payment transactions with respect to ODA and concessional loans;

h) monitor, check the financial management in the use of ODA and concessional loan and accounting organization of the State budget for the capital;

I) General periodically (6 months to a year) to disburse, funds, payment and repayment for ODA and concessional loan Prime report and notify the relevant authorities;

k) in collaboration with the Ministry of planning and investment and ODA disbursement plan and preferential loans, reciprocal capital; handle the additional capital needs in planning the annual budget estimates of the programme, projects under the provisions of Clause 5 Article 43 and article 44 of this Decree;

l) hosted, in cooperation with the Ministry of planning and investment to fully and timely disposition of capital bad administrative career resources to prepare the implementation and execution of programs and projects in an allocated from the central budget in the annual capital plan;

m) loan held back and recovered part of the loan program, the project applying the mechanism of State budget loans.

Article 63. Duties and powers of the State Bank of Vietnam 1. Hosted, in cooperation with the relevant agencies in the Government of Prime Minister about signing the international treaty specifically on ODA and concessional loans with financial institutions the international monetary rules in paragraph 3 article 30 of this Decree.

2. Hand over records and all information related to the program, a project for the Ministry of finance after the specific treaties on ODA and concessional loans in effect, except for the loan agreement with the International Monetary Fund.

3. Hosted, in cooperation with the Ministry of finance to determine and publish the list of qualified commercial banks make foreign payment transactions with respect to ODA and concessional loans, as the basis for the Agency chairing negotiating specific treaties on ODA and concessional loan servicing for bank selection program , project.

4. General periodically (6 months to a year) and inform the Ministry of finance, the Ministry of planning and investment and related agencies about the situation of withdrawal of capital and payments through the system account of the program, the project opened in the Bank.

Article 64. Duties and powers of the Ministry of Justice 1. Evaluation of the draft international treaties on ODA and concessional loans under the provisions of the law on international treaties.

2. Join the negotiations, building content suggestions draft international treaties on ODA and concessional loans.

3. Join the opinion with respect to the outline of the program, projects in partnership with foreign law.

4. The evaluation documents program, cooperative projects with foreign law under the authority of the Prime Minister's approval.

5. legal opinions on legal issues with respect to draft resettlement policy framework before the Prime Minister's approval.

6. level the legal opinions with regard to the international treaties on ODA and concessional loans or other related legal matters at the request of the competent authority.

Article 65. Duties and powers of the Ministry of Foreign Affairs 1. In coordination with the bodies concerned, on the basis of the common foreign policy, building and implementing ODA mobilization and direction, the loan incentives, policy partners; join the mobilization of ODA and concessional loans.

2. Hosted, in cooperation with the Ministry of planning and investment and related agencies directed the representative body of the Socialist Republic of Vietnam in foreign countries or in the international organizations conducting mobilization of ODA and concessional loans, in line with the policy direction, American athlete , planning, planning to attract and use of ODA and concessional loans in each period.

3. Check the proposed negotiations, signed international treaties on ODA and concessional loans; join the negotiations, contributing comments for draft international treaties on ODA and concessional loans.

4. Perform foreign procedures regarding signing and implementing international treaties on ODA and concessional loans; hosting organizations, exemplify, announced international treaties on ODA and concessional loans.

5. Participate in reviews of programs, ODA projects and preferential loans.

6. Monitor, examine the implementation of the procedure of signing and implementing international treaties on ODA and concessional loans under the provisions of the law on international treaties.

Article 66. Duties and powers of the Office of the Government 1. Help the Government and the Prime Minister's leadership, direction, operating system for the governance of ODA and concessional loans.

2. Join comments on content in the process of preparing the program and projects at the request of the governing body or the project owner; assessment and propose recommendations on the policy, mechanism, how organizations implement the programme, the project before the Government, the prime consideration, decision.

3. To help the Government and the Prime test, urging the implementation of this Decree.

Article 67. Duties and powers of the ministries, ministerial agencies, Government-affiliated bodies 1. In collaboration with the Ministry of planning and investment and related agencies building strategies, planning the direction of attraction and use of ODA and concessional loans; build the policy, measures to coordinate and enhance the effective use of ODA and concessional loans in the field of charge.

2. Build the outline of program, project, process of approval by the authorized or approved by the authority in accordance with article 13 of this Decree.

3. In coordination with the Finance Ministry, the State Bank of Vietnam in the process the Prime Minister about signing the international treaty specifically on ODA and concessional loan for the program, its projects do the owner as defined in clause 2 and 3 article 30 of this Decree.

4. To propose the Prime Minister about the signing of specific treaties on the non-refundable aid of ODA regulated in this Decree and the implementation of international treaties which, after being signed.

5. Implement state management functions with respect to ODA and concessional loans by sector, areas of responsibility under the provisions of the law.

6. Transparency and responsibility for the effective use of ODA and concessional loan program, its projects directly managed and implemented.

Article 68. Duties and powers of provincial people Committee 1. In collaboration with the Ministry of planning and investment, the ministries and relevant agencies to build strategic, planning to attract and use of ODA and concessional loans; build the policy, measures to coordinate and enhance the effective use of ODA and concessional loans in the province, the city.

2. Build the outline of program, project, process of approval by the authorized or approved by the authority in accordance with article 13 of this Decree.

3. In coordination with the Finance Ministry, the State Bank of Vietnam in the process the Prime Minister about signing the international treaty specifically on ODA and concessional loan for the program, its projects do the owner specified in the clause 2 and 3 article 30 of this Decree and implementing international treaties which, after being signed.

4. In coordination with the Ministry of planning and investment in the process the Prime Minister about the signing of specific treaties on the non-refundable aid of ODA regulated in this Decree and the implementation of international treaties which, after being signed.

5. Is responsible for directing the Organization, made the recovery of land, compensation, clearance for the program, the project on the area under the provisions of the law of treaties, ODA and concessional loans which the Socialist Republic of Vietnam is a member.

6. Implement state management functions with respect to ODA and concessional loans in accordance with the law.

7. Transparency and responsibility for the effective use of ODA and concessional loan program, its projects directly managed and implemented.

8. The layout of the central budget debt capital to pay the foreign debt for the program, the project applied to the mechanism of the central budget for the provincial budget of the loan back to the ODA and concessional loans.

Article 69. Rewards and handle breach 1. The Organization, individuals with outstanding achievements in the implementation of this Decree shall be rewarded according to the provisions of the law of rewards.

2. organizations and individuals violating the provisions of this Decree shall, depending on the nature and extent of the violation will be handled in accordance with the law.

Chapter VIII TERMS of ENFORCEMENT of Article 70. Implementation 1. The Ministry of planning and investment to host, in cooperation with the agencies concerned issued circulars implementing this Decree.

2. The Ministry of Finance issued the text of this Decree implementation guide on financial management, tax and fee policies for ODA and concessional loans under the authority.

Article 71. Effect 1. The Decree has effect as from June 2013 and replaces Decree 131/2006/ND-CP dated 9 November 2006, the Government issued a regulation on the management and use of official development assistance resources.


2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the province, central cities, the Organization, the individual concerned is responsible for the implementation of this Decree.