Advanced Search

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
THE GOVERNMENT.
Numbers: 38 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 23, 2013

DECREE

In terms of management and use of official development support ( ODA )

and the funding of the donor loans.

________________

The Law base. I Ch. I'm Twenty-five. Ah! 12 in 2001;

The Law base. N State book, 16th 16th. Ah! 12 in 2002;

The Law base. X It was November 26, 2003.

The Law base. Sign K What? t, to join and implement the international convention on June 14, 2005;

The Law base. Fuck! March 29, 11 in 2005;

The Law base. Fuck! 29 Ah! - 11 in 2005;

The Law base. Q Stop. Why? public debt June 17, 2009;

The Law base. S trade, the addition of some of the laws Okay. The basic building investment of June 19, 2009;

At the suggestion of Minister K What? That's the plan. ()

Ch I'm The government issued a decree on governance. l And using the source h I have Development aid. I'm knowledge (ODA) and the preferable source of funding of donors Oh,

Chapter I

COMMON RULES

Number one. Adjustment range

This decree provides for the management of management and the use of official development assistance (ODA) and the foreign government ' s preferable borrowing capital, international organizations, t-members and others. socket The United Nations or the federal government (later known as the sponsor) provides the State or Government of the Socialist Republic of Vietnam.

Article 2. Subject applies

Applicable subjects are agencies, organizations, individuals involved or involved in activities within the regulation of this decree.

Third. Shapes Come on c provides ODA and preferable loans

1. ODA includes unreimbursable aid ODA and loan ODA:

a) Non-reimbursable aid ODA is the form of OD A not reimbursable for the sponsor;

b) The loan ODA is the form of providing ODA that must reimbursate the sponsor with preferable interest rates, the time of grace and the payment period, ensuring that the non-reimbursable factor reaches at least 35% for binding loans and 25% on loans. No, no. U Yeah. Non-reimbursable method stated at Annex I of this decree.

2. Preferable borrowing is the form of borrowing which is more preferable, compared to commercial borrowing, but the non-reimbursable factor has not reached the standard ODA stipulated at the point b 1 This Article.

Fuck! i Four. Explain the word

In this decree, the words below are understood as follows:

1. The "Program of the Program, the project" (later known as the "Chairman of the governing body") is the Central Committee of the Party, the Supreme People 's Control Institute, the People' s Court. Stain. High, the organs of Quan. Stain. -Congress, Ki. Okay. The State Office, the Office of the President of the Water, the Ministry of State, the Ministry of Foreign Affairs, the Provincial Committee of the Government, and the Central Committee of the Central Committee (later called the "Provincial People's Committee"), the central body of the political institutions. -society, social political organization-profession, social organization-a career with a program, ODA project and v ... Stain. Preferable loan (later called "program, project") .

2. The "program holder, project" (later called "Project Host") is the unit that is administered by the governing body, which uses ODA capital, preferable capital and capital to carry out the program, project.

3. The "Project Management Board" is the unit that is tasked to help the project host and implement programs, projects.

4. The "program director, project" (later called the "Board of Directors") was the established Board consisting of the competent representative of the governing body and relevant agencies with the mission of directing, coordinating oversight and coordination of the program, the project. In some cases required, on the basis of an agreement with the sponsor, the Board of directors may include the sponsor representative.

5. The "portfolio of funding" is a category of one or more programs, projects, and non-project aid projects that require the funding of ODA and the licensed approved Vietnamese jurisdiction and sponsor of funding, as the basis for the basis of the governing body. together with the construction sponsor of the program, the project, and the aid of the project.

6. The "Project" is a set of related proposals aimed at achieving one or a certain number of objectives, performed on a particular site, within a specified time period and based on definite resources. The project includes investment projects and technical support projects.

7. " The first project. Yeah. " is a set of high-and long-term, long-term, long-term, investment proposals to conduct investment activities on a particular site, within the specified time period. The investment project consists of two types:

a) "Construction project investment project" is episode h p proposals l It ' s about giving up capital to build. d new, expanding or reforming works aimed at developing, maintaining, improving the quality of work or products, services for a certain period of time. The construction project investment project is classified under the national key project and projects in Group A, B, and Group. - according to the regulations of the law on building investments;

b) The "Other Investment Project" is a non-project investment project for the construction of the regulatory process at this point.

8. The "Technical Assistance Project" is a project that aims to support capacity and institutional development or provide technical input elements to prepare, implement programs, projects through activities such as expert offering, training, equipment support, equipment, equipment, and other activities. And the documents, the survey, the conference.

9. The "Program" is a set of activities, projects that are related to each other and may involve one or more disciplines, fields, multiple regions. l There are many different subjects to achieve one or a number of objectives, which are carried out in one or more stages.

10. "The program, the national important project" is the program, the National Assembly decision-making project.

11. The "policy-based program" is the program accompanying policy conditions, macroeconomic reform solutions, the industry, the field in which the Government of Vietnam is committed to implementing a certain route.

12. The "Program, the umbrella project" is the program, which has a governing body that holds the joint coordination role and the governing bodies of component projects.

13. The "Program, Regional Project, Global Project" (later called the "Program, Regional Project") is the program, project funded by ODA capital and preferable loans to a group of countries belonging to one or more geographic regions, including Vietnam, to provide assistance to the public sector. All activities are done. It ' s an effort to achieve the goals that are determined by the advantage. I'm a ch of the stakeholders and the common interests of the region or the global.

14. " The document of the tr. What? "The project" is the document. y Context, necessity, objectives, content, outcomes, key activities, total capital, source and capital structure, other resources, domestic financial mechanisms and forms of management organization implementation of the program, project. For investment projects, the project document is the feasibility study report.

15. "Non-Project Aid" is the method of providing ODA capital not following specific projects. Non-project aid is provided in the form of money, artifacts, commodity procurement aid, ch. U Stay still.

16. "Budget Support" is the method of providing preferable ODA capital and equity, whereby the support is transferred directly into the state budget; administered, used by regulations, the budget procedure of Vietnam and in line with the agreed content. with the sponsor.

17. "Commercial Loan" is a market-based loan similar to the terms of export or raising credit on the international capital market.

18. "ODA and non-binding preferable borrower" is an ODA and preferable loan that does not include the binding provisions associated with the provision, procurement of goods and services from certain suppliers or countries according to the sponsor's regulation.

19. "ODA and preferable loan capital" is an ODA and preferable loan that comes with the binding provisions associated with the provision, procurement of goods and services from certain suppliers or countries according to the sponsor's regulation.

20. "The International Convention on ODA and Preferable Loans" is a written agreement signed by the name of the State or Government of the Socialist Republic of Vietnam with one or more sponsors on matters relating to ODA and preferable borrowing. International treaties for ODA and preferable loan capital include:

a) "The International Treaty of ODA and Preferable Borrowing" is the international convention on ODA and the preferable borrower expressing a commitment to common principles and conditions that involve strategy, policy, framework of cooperation, the preferred direction in supply. and uses ODA and preferable loans; sectors, programs, project agreement agreements; framework conditions and ODA commitments and preferable loans for a year or years for the program, project; the principles of management format and management planning, practices and benefits. show program, project;

b) "Specific International Convention on ODA and Preferable Borrowing" is an international convention on ODA and preferable loans expressing a commitment to funding for the program, specific projects or budget support, whose content is related to the goal, operation, results must be achieved, the plan said. planning implementation, funding conditions, capital, capital structure, obligations, responsibilities and powers of each party, the principles, norms that need to comply with management, implementation of the program, project, and solution conditions, the payment conditions for the loan to the program. project, project.

21. "The deal capital" is Vietnam ' s contribution by artifacts or money to prepare, implement the program, project and be arranged from the central budget source, local budget, capital of the self-arranged project, the contribution of the beneficiary and the beneficiary. Other sources of capital.

22. The "private sector" in this decree is understood to be the economic zone outside the state.

Article 5. Modes Come on c provides ODA and v Stain. Preferable loans

The method of providing ODA and preferable loans includes:

1. Budget support.

2. Program support.

3. Project support.

4. Non-project aid.

Number 6. The basic principle in management and use of ODA capital and preferable capital

1. ODA and preferable borrowing is the capital of the state budget used to implement the K-based development priority targets. i The social-social and social-state budget is reflected in the state budget by the rule of law.

2. The government unified the state administration of ODA and preferable capital on a hierarchy attached to responsibility, authority, management capacity and the proactive nature of the disciplines, the c ... All p; secure the ph Stain. It's the manager, ki. Okay. Torture and surveillance of relevant agencies.

3. The attraction, management and use of ODA and preferable loans must be considered, balanced and selected in the overall investment capital of capital resources that aims to achieve economic efficiency-the highest, sustainable society, ensuring the principle of equality, equality, the ability to absorb. capital, debt repayment and debt safety cell In which the priority uses preferable capital loans to programs, the project is able to recover direct capital.

4. Ensure public, transparent, and accountability in c ... U O. D A and preferable capital and in the use of this capital.

5. Facilitalization of the private sector access to the ODA capital and preferable capital on the basis of sharing benefits and risks between the state and private sector.

6. B Bitch. o the consistency and synchrony between the laws of Vietnam ' s rule of law and process harmoning, procedures with ODA donors and preferable borrower loans.

7. Adhering to the existing regulations of Vietnamese law and international treaties on ODA and the preferable borrowing that the Government or the State of the Socialist Republic of Vietnam is rather good. - Yes, In case there is a difference between the international convention on ODA and the preferable borrowing of the Vietnamese law on the same issue that applies the regulation of the international treaty.

Article 7. Priority field using ODA v Well, I don't know

1. Building a system infrastructure system What? synchrony, large-scale and modern scale, including transportation infrastructure (roads, railways, airports, seaports and inland waterways); infrastructure, urban transport (urban transportation, urban transport and urban environment sanitation, municipal power infrastructure); technology infrastructure-the infrastructure of the world. information and communication; energy infrastructure (prioritits development of renewable energy and new energy); infrastructure and dikes.

2. Developing social infrastructure, including culture, health, education and training, vocational training, social security, loss of social and cultural life. o Population and development.

3. Development of high-tech science, source technology and warehouse development. a technology in some areas of priority, focus, knowledge economics and high quality human resources.

4. Agriculture Development v Rural, rural, and agricultural economic development, rural social infrastructure, new rural construction.

5. Increased institutional capacity and administrative reforms.

6. Environmental protection and natural resources, prevention and mitigation of natural disasters, respond to climate change, sustainable development and green growth.

7. Support for commercial promotion, investment, finance, banking, tourism and some manufacturing sectors, business aims to enhance the competitive capacity of the economy.

8. Support for national target programs.

9. Some other priority areas follow the Prime Minister ' s decision.

Article 8. Motor processes, management and use of ODA and preferable loans

1. Build and approve of the portfolio.

2. Preparation, appraisal, program review, project.

3. Signing the International Treaty on ODA and Preferable Loans.

4. The organization performs the program, the project.

5. Monitoring and evaluating programs, projects.

Article 9. Private sector access to ODA capital and preferable loans

1. The form of ODA capital approaches and preferable capital loans to the private sector include:

a) Borrowing capital from the system of financial institutions, domestic credit through programs, which project a credit or contract limit, is used. And n credit is funded by the source of ODA capital and preferable loans for carrying out compliance activities. p with an international treaty of these capital sources and adhering to the lending process of the financial institution, credit;

b) Participating in programs, projects of priority areas using ODA capital and government preferable loans in the form of state budgets for loans;

c) Participate in the implementation of programs, projects in the form of public partnerships, in which the Government contributes to the source of the ODA capital and preferable capital;

d) Participating in programs, the project aims to support the private sector of the program ' s governing body, the project.

2. The conditions take on ODA capital and preferable loans to the private sector:

a) The ability to organize the management of the program, the project owner's project must be validated by the owner of the program, the project, or the loan agency.

b) For the case of borrowing of ODA capital and preferable borrowing: the financial method of the program, project and financial competability of the project owner must be deformable. p with the provisions of the existing law and by the guidelines of the Ministry of Finance.

Article 10. Domestic financial mechanisms for the use of ODA capital and preferable borrowing capital

Domestic financial mechanisms for the use of ODA capital and preferable loans of programs, the project is as follows:

1. The state budget: applies to programs, infrastructure investment projects, social welfare or other sectors that are not able to recover directly under the terms of the state budget under the regulation of state budget legislation.

2. The state budget gives a whole or partial loan application to the following cases:

a) Chapters to The project has the ability to recover all or part of the capital;

b) Programs, projects that are not part of the state budget ' s expense;

c) The program, the project by the Provincial People's Committee, is the subject of the subject of the subject of borrowing of the government's ODA loan and loan capital.

3. In each of the specific cases, the Government for the Provincial People ' s Commission refunds ODA capital and preferable loans to the programs. What? The project is part of the local budget, and the Provincial People's Committee is responsible for the layout of the local budget for the government's return to the government.

Chapter II

BUILD AND APPROVE THE PORTFOLIO OF FUNDING

Article 11. The ODA motor and loan capital.

The motor of ODA and preferable capital is done on the basis:

1. Strategy, planning, economic development plans-the society of the country, the industry, the region and the locality.

2. The country ' s foreign debt and debt strategy of 2011-2020 and its vision by 2030.

3. The project defines attraction, management and use of ODA and preferable borrower in each period.

4. National target programs and industry target programs, local.

5. The program, strategy and direction of cooperation between Vietnam and the sponsors.

Article 12. Responsibility for ODA advocacy and preferable loans

1. The Ministry of Planning and Investment is the presiding agency of the ODA advocacy organization and preferable borrower loans at the national, interdisciplinary, interlocal level.

2. Ministries, chairs, coordination with the Ministry of Planning and Investment and related agencies advocacy for ODA advocacy and preferable loans at the industry level.

3. The Provincial Committee of the Provincial People's Department of Coordination, Coordination v. Oh. The Ministry of Planning and Investment and related agencies advocacy for ODA advocacy and preferable borrowing capital. in Local level.

4. Vietnam 's representative agencies abroad or Vietnam' s representative at the international organization in coordination with the Ministry of Planning and Investment and the Ministry of Foreign Affairs conducted the lobbying of ODA and preferable loans at the weightlifting water. i Or at that international organization.

Article 13. Build and approve of the Sponsorship Portfolio

1. The ODA motor base and preferable loan capital at Article 11 of this decree, the K Ministry. What? Planning and investing in coordination with the Ministry of Finance, relevant agencies and each sponsor of cooperation orientation and priority sector using ODA and preferable loans, reported the Prime Minister.

2. On a collaborative orientation basis and the preferred field i Using ODA and preferable loans, the need for the raising of the ODA capital and the preferable capital of the governing body, the conditions that provide the sponsor's ODA capital and equity, the governing body that sends the Department of Planning and Public Investment offers the proposed funding. Program, project.

The base orientation in partnership with the sponsor and the priority areas use of the Government's ODA capital and preferable capital, the Ministry of Planning and Investment, in coordination with the Ministry of Finance and relevant agencies selecting program proposals, the appropriate project and the information. Tell the host agency. Okay. The project, the project. The cost of the building. Okay. The program, the project is arranged from the capital of the governing body, the capital of the project owner (if any) and other legal capital sources. For organs issued from the state budget, the cost of the building. Okay. The program, the project was granted from the state budget or support from the non-reimbursable ODA funding.

3. The Prime Minister's authorship is approved by the Prime Minister's jurisdiction at Clause 1 Article 14 of this decree:

a) The governing body sends the Ministry of Planning and Public Investment to the Government of the Government to approve the Accompanying Donor Portfolio. Okay. the program, project, and text, document etc. Okay. the ability to capture x What? p. Oh. n v Yeah. ODA and v Stain. Lend me the sponsor of the sponsor.

b) The advisory capacity of the governing body, for the duration of the 5 working days, the Ministry of Planning and Investment sent the Ministry of Finance and relevant agencies to offer recommendations for the Programme Project, the project. During the 15-day period of work since the date received the recommendation of the Ministry of Planning and Investment, the Ministry of Finance and the relevant agencies sent the opinion to a written consent of the Ministry of Planning and Investment.

The base stipulated at Article 10 of this Decree, the Ministry of Planning and Investment that has opinions on the principle of domestic financial mechanisms applicable to programs, the project to use non-reimbursable ODA; the Ministry of Finance has opinions on the principle of financial mechanisms. in the applicable water for programs, the project has the use of ODA borrowing and preferable borrowing;

c) In the 15-day period of work since the date of receiving the accepted text of the agencies, the Ministry of Planning and Investment informs the governing body in coordination with the finished sponsor. Okay. Program, project. On the basis of the scheme, the project was completed, the Ministry of Planning and Head of the Prime Minister reviewed, approving the portfolio of funding.

In the 5-day deadline after receiving the Decision to approve the Prime Minister ' s Sponsorship Portfolio, the Ministry of Planning and Investment sent the Account of the Accompanying Sponsorship Portfolio. Okay. Program, project to sponsor.

4. For the Board of Approved Jurisdiction of the Regulatory Authority of the governing body at paragraph 2 Article 14 This decree:

a) The governing body sent the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies to offer an accompanying petition to the company. Okay. Program, project, and v. What? n, documentation of the ability to obtain an O D A non-reimbursable aid of the sponsor;

b) In the 10-day period of work since the date of the receiving job What? n recommended recommendations, Ministry of Planning and Investment, Ministry of Finance and related agencies to submit opinions on the basis of the governing body.

The base stipulated at Article 10 of this decree, the K Ministry. What? Planning and Investment Investment, in collaboration with the Ministry of Finance to have an opinion on the domestic financial mechanism applicable to the program, the proposed project;

c) In the 10-day period of work since the date of receiving the accepted text of the agencies, the governing body in coordination with the Ministry of Planning and Investment and the sponsor complete the E Okay. the program, project, and review of the decision to approve the Sponsorship Portfolio.

In the 5-day period of work since the date of approval of the Sponsorship Portfolio, the governing body sent the Decision to approve the Accompanying Donor Portfolio as a project program for the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies to monitor and sum up. In general; simultaneously sending an Account of the Sponsorship Portfolio, a project to the sponsor.

Article 14. Privilege Approval Privilege

1. The Prime Minister approx the portfolio of funding for the following cases:

a) Programs, projects that use ODA loans and preferable loans; non-project aid has a use of ODA loans;

b) Programs, pollution projects; programs, projects accompanied by policy framework; programs, projects in the field of security, defense, religion; and other projects.

c) The non-reimbursable aid ODA has an equivalent funding scale of US$ 1 million or more;

d) Technical support for program preparation, ODA loan project and preferable loan capital;

The procurement aid in the management of the state.

2. The chairman approx the category of funding for h-fields p does not specify at 1 This Article.

Article 15. Participating in the program, the regional project

1. The governing body has the text to submit the Ministry of Planning and Investment attached to the document, program document, regional project, which specifies the rules. Okay. Profits and obligations upon participation. The Ministry of Planning and Investment, in coordination with the government-led agencies, considers the decision to participate.

2. For the undetermined case of the governing body of the programs, the regional project, the Ministry of Planning and Investment Investment, coordination. p with the Prime Minister 's relevant agencies considering, deciding whether Vietnam' s participation and the governing body of the programs, this project.

Article 16. Program and Project. Okay. Non-project aid.

1. The program scheme, the project is the documentation that describes the context of context, necessity, objectives, content, results, activities primarily, envisage t. socket Capital, source, and capital structure, domestic financial mechanisms, the organizational form of the program, project management. M There. Oh! Okay. the program, the project stated at the Appendix II a of this decree .

2. The terms of the ph aid. i The project is a document that describes the generalization of the aid of the aid in terms of specific projects, provided in the form of artifacts, money, or experts. The role of a non-project grant is in the Ilb Appendix of this decree.

Article 17. Previous implementation activities

In school. p required and on a unified basis with the sponsor, the governing body proposes prior implementation activities in the preparation phase, preparing to implement programs, projects, including:

1. Activities that are allowed to do after the program, the project is granted authority approval:

a) Establishment of the Project Management Board;

b) Construction and authorship have the authority to approve the Resettlement Policy Framework during the appraisal and approval of the program document, project;

c) Prepare bids, bids, bids.

2. Activities permitted in the period from when the program document, the project is granted authorship approval until the specific international treaty on ODA and the program ' s preferable borrowing capital, the project is in effect, including:

a) Approx the bidding plan, bids for bidding, bidding organization, and approval of the bidding results, contract negotiation for procurement and construction procurement packages for the operations of the United States. to Conducted in the first 12 months of the program, the project, and several consulting packages (project management consulting, technical design consulting, surveillance advice, resettlement advice);

b) The procurement contracts, the construction and consulting of the regulatory packages at the point of a, are signed only after the specific international treaty on ODA and the program's preferable capital, the project is valid.

Article 18. Document Approx Sponsorship

The decision to approve the grant of the grant category is composed of the following main content:

1. The name of the program, the project and the sponsor, the co-sponsor.

2. The name of the chairman, the project owner.

3. The objective and key results of the program, the project.

4. The maximum duration of the program, the project.

5. The extent of the program's capital, the project (the ODA is not reimbursable, the ODA loans, which loans preferable and capital).

6. The source and financial mechanisms in the country for the program, the project.

7. Previous implementation activities (if available).

Article 19. Modified, Additional Content plugin to approve of the Document Category

In the process of appraisal, implementation, implementation, if the program, the project has a change in content compared to the Decision to approve the grant of the jurisdiction of the competent grant (except for the specified content at paragraph 7 Article 18 This decree):

1. For the Sponsored Portfolio of the Prime Minister: on a unified basis with the sponsor and the proposed base of the governing body, the Ministry of Planning and Investment took the opinion of the Ministry of Finance and relevant agencies, the Prime Minister ' s Prime Minister. consider, rules What? Define alternate content socket i.

2. For the Governing Portfolio of the governing body of the governing body: on a unified basis with the sponsor, the governing body takes the opinion of the Ministry of Planning and Investment, the Ministry of Finance, relevant agencies before reviewing, approving alternative content. Change.

In case of modification, the addition of the program content, the project leads to the outlaw approval of the Sponsorship Portfolio, the governing body that is currently prescribed at Clause 1 Article.

Chapter III

PREPARATION, APPRAISAL AND APPROVAL OF THE PROGRAM DOCUMENT, PROJECT

Article 20. The mission of the governing body in preparation, appraisal and approval of the program document, project.

After the decision is made to approve the donor portfolio and the sponsor's text of funding, the governing body has the following duties:

1. Issued a decision on the subject of the project.

2. Only the project director is to perform the tasks assigned to the provisions of Article 21 of this decree.

3. Layout of sources l Under the authority for the preparation of the program, the project.

4. Organization of appraisal and approval. What? The program, the project, is under the jurisdiction of Article 24; Articles 25, 26, and 27.

Article 21. The mission of the project holder in preparation, appraisal and approval of the program document, project

The project holder is tasked with coordinating with the sponsor in preparation, program planning, the prescribed project at Articles 22, 23 This Decree and fining the case to carry out the procedures on th-th. Move. Define and approve the program document, the project under the provisions of Articles 25, 26, and 27.

Article 22. Program document content, project

1. The program document, which was built on the basis of the contents of the Program Proposal, the project under the Sponsored Portfolio was granted the authority to approve.

2. M There. The Investment Project (feasibility Research Report) document stated at Illa Exhibit, the project's document supporting the technical assistance stated at the Ilcase Exhibit, the program document stated at the IIIc Exhibit, the program document, the box project at the International Illd Exhibit of this decree.

In the case of the program document, the project is built according to the sponsor ' s template, the content states to Having to be chaired by the project holder in the process of coordination with the sponsor of this document, secure the comedy. a process, the procedure between Vietnam and the sponsor.

Article 23. Program prepared, project.

1. The funding portfolio is the basis for planning and layout that is prepared for the program, the project. V. Planning to prepare the program, the project includes the following:

a) Research costs, investigation, survey, collection, analysis, and synthesis of initial figures;

b) The costs of setting up, fining the program document, the project, including the cost of hiring advice and translation costs;

c) Appraisal costs v What? The program, the project,

d) The cost of training, improving the capacity for the core staff of program management, project;

) Expenses for pre-implementation activities on the basis of a decision to approve the Jurisdiction Grants Portfolio.

2. For the program, the project is issued from the state budget: the project owner planning to prepare the program, the project to sum up on the governing body's annual general budget plan. The process of approval, allocation of funds prepared by the program, is implemented by law on the state budget.

At the time of the planning of planning capital preparation, the project does not coincide with the annual budget planning, the governing body balances in the total capital preparing the program. to The project was allocated; in the absence of self-balancing of this capital, the office of the governing body sent the Ministry of Planning and Investment, the Ministry of Finance asked for review, deciding on the addition of the budget.

3. For programs, the state budget project gives the entire loan to the whole or to lend a partial and partial reissue: the project holder itself prepares the program, the project. In the event that does not balance this capital, the chair of the governing body is considering, addressing by jurisdiction.

4. In the event that the sponsor supports capital to prepare the program, the project, the project owner is responsible for reporting the governing body. Okay. The browser, browsing, and entering the plan of preparing the program, the agency's annual project.

Article 24. Authority approx program document, project

The authority to approve the program document, the project (the authority that decides to invest in the investment project) rules as follows:

1. The Prime Minister approx:

a) Program document, national important project;

b) Program document to It is accompanied by a policy framework; the program, the project in the field of security, defense, religion.

2. The chairman of the governing body approved the program's document, the project for non-regulation cases at Clause 1 Article.

Fuck! i 25. Text appraisal i The program, the project.

1. For the program document, the project is under the approval of the Prime Minister ' s approval:

a) The program, the national key project: the appraisal implementation of the current regulation on the program, the national important project;

b) The program is accompanied by a policy framework; program, project in the field of security, defense, religion: the governing body responsible for organizing program document appraisal, project and the Prime Minister reviewing, approving.

2. Opponent Oh. The program document, the project under the approval of the Head of the Head of the governing body: the governing body responsible for organizing the appraisal and approval of the program document, the project.

3. Content and program document appraisal process, project:

a) For the investment project, the content and process of the appraisal performed by the regulation of the existing law;

b) For the program, the other project is not stipulated at this point a paragraph, the Ministry of Planning and Investment is responsible for the guidance of the content and process of appraisal;

c) For programs, the project to borrow the ODA capital and preferable capital, the appraisal of the program ' s financial methods, the project and financial competability of the project host implemented under the regulation at the Public Debt Management Law, the legal code of law-related legislation. other and the direction of the Ministry of Finance.

4. In the process of appraisal, the agency, the initial unit of the appraisal must take the opinion of relevant agencies, review the order, procedures and advance of the sponsor ' s appraisal to ensure the coordination. p and harmony needed, considering the content that made a deal with the sponsor, opinion th ... Move. The name of the sponsor or the sponsor's representative. The consensus opinion or opinions vary between the parties must be reflected in the appraisal report.

5. The agency, the first unit of the appraisal responsible for the outcome of the program document appraisal, the project; the appraisal participants are responsible for the program document content, the project concerning the function, its mission under the rules of the project. the law.

Article 26. Document appraisal profile i The program, the project.

The profile recommended the appraisal of the program, the project includes:

1. Appraisal recommended What? n the program, the project of the governing body (for the program document, the approved jurisdiction of the Prime Minister) or of the project holder (for the program document, the approved jurisdiction of the governing body).

2. The decision to approve the Property of the Allowance Category Move. Power.

3. Program, project.

4. In the program case, the project is subject to a loan, the project holder is accompanied by documents that demonstrate the financial competability, the payment method, and other documents according to the Ministry of Finance guidelines.

5. The written opinion of the Ministry of Planning and Investment, the Ministry of Finance, the relevant agencies, the sponsor (if any) in the process of scheduling the program, the project.

6. Documents in foreign languages must have an accompanying translation of the Vietnamese language.

Article 27. The deadline for appraisal and approval of the program document, d Well, Murder.

1. The time of the program document appraisal, the project counts from the date received valid records:

a) Fuck! Stain. i with the program, the national important project: no more than 90 days of work;

b) For Group A investment project: no more than 40 working days;

c) For Group B investment project: no more than 30 working days;

d) For Group Investment Project - and programs, other projects: no more than 20 working days.

2. For a 10-day period of work, since the day received the agency ' s appraisal report, Please. Given the appraisal, granted authority to review, the decision to approve the program's document, the project.

3. In th Yeah. A five-day job since the day of the program. to The project was granted approval by the authority, the governing body informed the sponsor and the project owner, and sent the Ministry of Planning and Commerce. And Private, Ministry of Finance and related agencies What? Define approval (map) Stain. c or a copy of the evidence) accompanied by the program document, the approved project has stamped the hybrid of the governing body.

Chapter IV

SIGNING INTERNATIONAL TREATIES FOR ODA AND PREFERABLE LOANS

Article 28. The proposed facility, signing international treaties on ODA and loan capital has been i

1. The proposed facility signing the International Framework Convention on ODA and preferable borrowing is the result of advocacy, details. What? A strategy and a policy of a partnership. Okay. n, the priority area of ODA and preferable borrowing capital has been unified between Vietnam and the sponsor.

2. The proposed basis for the specific international treaty agreement on ODA and preferable borrowing is the program document, the project has been granted a competent authority.

3. The signing of the International Convention on ODA and Preferable Loans is implemented by the regulation of the Law of Contracting, accession and implementation of the International Convention and Public Debt Management Law.

Article 29. The Office of the Prime Minister ' s mandate and powers of the signing of the International Treaty on ODA and Preferable Loans

The Prime Minister on behalf of the Government performs the following mandate and powers:

1. Report of the President before negotiation, signing the international treaty on behalf of the State and the International Treaty on behalf of the Government on ODA and Capital. y There are rules to be approved.

2. The decision for the conduct of negotiations, the signing of the International ODA and Preferable Loans on behalf of the State, Government.

3. The decision to approve the International Convention on ODA and the Borrower Loans on behalf of the Government.

4. The Water Chairman considers, approving the international convention on ODA and preferable capital loans to the case of international treaties signing on behalf of the State and travel. Okay. I wish. Stain. c What? In the name of Government v Okay. ODA and v Stain. Preferable borrowing must be approved.

Article 30. The proposed body signs the international convention on ODA and preferable borrowing.

1. The Supreme People 's Court, the Supreme People' s Control Institute, the Ministry, the peer-to-peer agency, the government agency is the government 's proposed body for the signing of a specific international convention on ODA unreimbursable for the program, the agency' s project. I, uh, minus the circumstances in paragraph 3 of this.

2. The Ministry of Finance is the proposed body of the Prime Minister for the signing of specific international treaties regarding ODA loans and preferable loans, except for the funding of ODA and the provision of preferable loans at Clause 3 This.

3. The State Bank of Vietnam is the proposed body of the Prime Minister on the signing of specific international treaties on ODA and its preferable borrowing with the World Bank, the Asian Development Bank, the International Monetary Fund, and the International Monetary Fund (IMF). It ' s different from the Bank of Vietnam.

4. The Ministry of Planning and Investment is the proposed body of the Prime Minister for the signing of the International Treaty on ODA and the preferable borrower in the following cases:

a) The International Convention for ODA and Preferable Loans;

b) The specific international convention on aid ODA is not reimbursable for the program, the agency ' s project is not specified at 1 Go. Okay. This u, minus the unreimbursable aid ODA of the World Bank, the National Electoral Bank Okay. n Africa Ah! , the International Monetary Fund and other international monetary finance institutions have stipulated at Article 3 of this.

Article 31. The procedure, the procedure for signing international treaties on ODA and preferable loans

1. The proposed body took the opinion of the relevant authorities, opinion of the Foreign Ministry ' s inspection, the appraisal opinion of the Ministry of Justice, t socket take the Prime Minister ' s agenda, decide the negotiation, sign it. Okay. I wish. Stain. c What? v Okay. ODA and preferable loans.

2. The Prime Minister reports the President of the country and decides the negotiation, signing international treaties on ODA and the state ' s behalf of the state, the wish. International In the name of the government, the government must approve. Move. n.

3. The body was negotiated by the Prime Minister of the Government to negotiate with the sponsor on the draft of the International Convention on ODA and Preferable Loans.

4. The results of the negotiation. p with the content draft of the International Convention on ODA and Preferable Loans has been approved by the Prime Minister and the commission of the government, who is authorized by the Prime Minister to enter international treaties with the representative of the sponsor.

The case of negotiation results is changed compared to the national convention draft event. What? of ODA and preferably borrowed capital has been received by the Prime Minister. All Well, the proposal agency is concerned with the opinions of relevant agencies, the Prime Minister decides to sign that international treaty.

5. For the case of international treaties after the signing must be approved or ratified, the proposed body takes the opinion of relevant agencies, the Prime Minister's presentation to the Prime Minister to approve or the President of the ratification of the country.

Article 32 . The sequence, the procedure for negotiating the negotiation, signs specific international treaties on ODA and preferable loans. Oh. The same sponsor.

1. On the basis of an opinion aggregation of relevant agencies and sponsors, the government proposed the Prime Minister's program on authoritalization of one or more negotiating representatives, signing specific international treaties on ODA and preferable loans to the same sponsor. The Prime Minister ' s profile includes the following texts:

a) The section of the body proposes the Prime Minister ' s nomination on authoritalization of one or more negotiating representatives, signing specific international treaties on ODA and the preferable borrower of the same publisher. ()

b) A copy of the International Convention on ODA and Preferable Loans Has Been Signed With The Same Sponsor, or the International Convention of the Convention on ODA and Preferable Loans with the same sponsor including key content and selection methodology for specific problems (if any);

c) The written opinion of the Ministry of Foreign Affairs, the Ministry of Justice, the other agencies involved and the sponsor.

2. The decision base of the Prime Minister, the Foreign Ministry, conducts foreign affairs on the level of the negotiating license, signing international treaties on ODA and loan capital with the same sponsor.

Article 33. The Prime Minister ' s profile on negotiating, signing, approving the international convention on ODA and preferable borrowing capital.

1. The profile of the agency proposes the Prime Minister ' s presentation on the negotiation, signing the international treaty on ODA and preferable borrowing including the following texts:

a) The body of the body proposes the Prime Minister to review, decide the negotiation, sign the international treaty on ODA and preferable loans;

b) Program document to The project is accompanied by a decision to approve the authority of the authority;

c) The draft of the international treaty, accompanied by the Vietnamese translation in school h Such an international treaty is only signed in foreign languages;

d) The written opinion of the relevant authorities, the inspection opinion of the Ministry of Foreign Affairs and the Ministry of Justice ' s appraisal opinion on the draft of that international treaty.

2. Body profile q A proposal. to The Prime Minister on Appropriation of the International Convention on ODA and Preferable Loans has been signed on behalf of the Government including the following texts:

a) The body of the agency proposed the Prime Minister ' s petition to review, approving the international convention on ODA and preferable capital loans signed by dan. Oh. The government with the sponsor.

b) The copy of the international treaty, accompanied by the translation of Vietnamese in the case of the international treaty, was signed only in foreign language;

c) The written opinion of the agencies is relevant;

d) The planned implementation in case of an international treaty has signed no provisions for this content.

Article 34. The Government of the Prime Minister considers, the president of the country approx the international convention of ODA and preferable loans.

1. The body of the agency proposed the Prime Minister's petition to review, the President of the State Appropriation of the International Convention on ODA and Preferable Loans was signed with the sponsor.

2. The Prime Minister's draft of the Prime Minister for the ratification of the international treaty.

3. A copy of the international treaty, accompanied by the translation of Vietnamese in the case of international treaties, is only signed in foreign language.

4. The written opinion of the relevant authorities.

5. The planned implementation in case of an international treaty has signed no provisions for this content.

Article 35. Edit socket i, addition, renew the international convention on ODA and preferable loans.

1. For the amendment, addition, renew the international convention on ODA and v. Stain. Preferable borrowing after signing must be ratified: perform th e o regulation in the Law of Contracting, accession and implementation of international treaties and Public Debt Management Law.

2. For the amendment, the addition, extension of the international treaty on ODA and the borrower ' s behalf on behalf of the Government is not defined at Clause 1 Article ()

a) The case must sign a new international treaty on behalf of the Government: the body proposes the Prime Minister to review, decide on the order, procedure stipulated at Article 31 of this decree;

b) The case through mail exchange, the work with the sponsor:

For the amendment, the addition, extension of the international treaty on ODA and preferable government on behalf of the Government raises the Government 's foreign debt obligations (such as interest rates, loans, loans, fees, fees) or, change the government' s other commitment compared to the government. Earlier, the proposed body took the opinion by the text of the Ministry of Planning and Investment, the Ministry of Foreign Affairs, the Ministry of Justice and other agencies involved with the Prime Minister ' s total consideration, the decision. .

For the amendment, the addition does not increase the Government 's foreign debt obligations (such as interest rates, the loan term, the amount of loans, the fees) or does not change the Government' s other commitment compared to the previous, the proposed agency decided the amendment, added. on the basis What? book by the Ministry of Planning and Investment Oh, The Ministry of Foreign Affairs, the Ministry of Justice and other agencies are involved. The proposed agency is responsible for reporting the Prime Minister about his decision. The case of the organs of the opinion. Ah! Each other, the government proposes the Prime Minister's decision.

c) The proposed body informed the sponsor, the Ministry of Planning and Investment, the Ministry of Foreign Affairs and other agencies involved in the revision, the addition, the extension of the international treaty on ODA and preferable borrowing capital. Case to notify b Yes. The Ministry of Foreign Affairs of the Ministry of Foreign Affairs, the proposed body in coordination with the Ministry of Foreign Affairs for the Ministry of Foreign Affairs to complete the procedure for foreign intelligence on the amendment, supplements, and renewal.

Chapter V.

MANAGE PROGRAM EXECUTION, PROJECT

Number 36. Shapes Come on c manage the program, project

The governing body decides to choose one of the forms of program management, the following project:

1. The governing body as the project holder directly manages the program, the project.

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

3. Lease project owner socket Program management consulting, project management.

Article 37. The mandate and powers of the governing body in the management of the programs, the project.

1. The decision to organize the management of the program, project.

2. Approval of the overall plan implementation of the program, project; total h p and approve the program ' s annual capital allocation plan, the project.

3. Implementing the bidding work by the law of the current law of bidding.

4. Organization monitoring and evaluation. What? Implementing, ensuring the program, the project performs the right progress, quality and goal-making.

5. Responsible for the failure, waste, corruption and mismanagement in management work and the use of ODA capital and preferable loans under the management authority. l My point.

6. Implementing other duties and powers according to the laws of law, the International Convention on ODA and the Preferable Loans on the program, the project.

Number 38. The mission and the powers of the project host in management implementation of programs, projects.

1. Organizes the management apparatus and implementation of the program, the project on the basis of the decision of the governing body.

2. Responsible for managing and effective use of funding capital sources for the program. to The project from the time of preparation, which came when it took the program, the project came into use.

3. Set and host agencies approve the overall plan implementation of the program. What? , the project; Appropries plan implementation of the program, the annual project to be the basis of approving the annual capital allocation plan of the governing body.

In terms of program cases, the project loans the ODA capital and the government's preferable loan capital, which is subject to a self-arranged project, the project owner is responsible for the establishment, accounting for a capital plan annually.

4. Building operational plans for each quarter, catering to operating, monitoring and evaluation of the program, project.

5. The organization of the appraisal; approval of technical design, total accounting and accounting of the work categories (for project construction investment project).

6. Implementing the bidding work by the law of the current law of bidding.

7. Negotiation, signing, supervising the implementation of contracts and handling of contract breaches.

8. In collaboration with local authorities to implement compensation, support and resettlement under the rule of law, the specific international treaty on ODA and the loan benefits of the program, the project (for project-building investment project).

9. Execute monitoring and assessment program , the project aims to ensure the program, the project to perform the right progress, quality, and goal of the target.

10. Responsible for the failure, waste, corruption and jurisdiction within the organization to organize the management and implementation of the program, the project causing economic, social, environmental damage, impact on the program ' s goals and overall performance, and the impact of the project. project.

11. For programs, the project applies the mechanism to the loan again, the project holder is responsible for full refund and timely borrowing under the terms of the loan agreement.

12. Other duties and powers follow the provisions of the law, the specific international convention on ODA and the preferable borrowing of the program, the project.

Article 39. Project Management Committee

1. In the case of a direct program management, the project follows regulation at Clause 1 and 2 Article 36 This decree, within 30 days of work after the program, the project is granted the authority to approve, the project owner decided to form the Project Management Board.

2. The establishment of the Project Management Board must consider the ability to use the Professional Project Management Board or the existing project owners of the project owner of the project. Okay. reduce management costs and use capacity, the experience of project management staff.

3. Fuck! Stain. i with the prior implementation of the Project Management Committee: executed by regulation at paragraph 1 Article 17 This decree.

4. Within 15 days of work since the date of the decision to establish the Project Management Board, the project holder of the Board of Directors and Operations Regulation of the Project Management Board. In school. The International Convention on ODA and Preferable Loans on the Program, the project signing with the sponsor structured the project management organization, the mandate and the powers of the Project Management Board, then these regulations must be fully specific and fully expressed in the Regulation. organization and activities of the Project Management Board.

Article 40. Mission and Project Management permissions

1. Mission and permissions of the Project Management Board due to g project owner i On the basis of the decision to establish the Project Management Board.

The project holder may authorize the Project Management Board to decide or sign the documents of its jurisdiction in the process of the project. What? Execution management. This authorship must be specified at the Decision to establish the Project Management Board or at the specific authorship documents of the project owner.

2. The project management can be tasked with managing many programs, projects, but must be approved by the project owner and must ensure the principle: each program, the project is not interrupted, is governed and decided in accordance with the executive order of the law. the law. In the absence of eligible implementation of a number of management and oversight sections, the Project Management Board may be able to hire the consulting of these tasks with the approval of the project owner.

3. Ban Bitch. The project is the project of the project. Okay. The following:

a) Support for the overall planning project and the annual detailed plan implementation of the program, project;

b) Support for the project owner in the preparation work and execution of the program, project;

c) Project host support for action activities And u and manage your contract. Oh. -

d) Support for the project owner in the banking business, financial management and property of the program, project;

) Performing tracking and evaluating the execution of the program, project;

e) Prepare to master the collection and hand over the output results of the program, the project after completion; complete the ki-work. Okay. Math, math, math. to The project; the report concludes and report rules. What? Program problems, projects;

g) Perform other tasks within the framework of the program, project hosted by the project owner.

Article 41. Manage project management consulting

1. The case of the project holder hiring program management, the project under regulation at paragraph 3 Article 36 This decree, t ... socket That advice has to be qualified, the organizational capacity of management in accordance with the scale, the nature of the program, the project. Responsibility, the powers of t Yeah. Project management is done on the basis of a consulting lease. Project management consulting is hired by the organization, the individual who is involved in management, but must be approved by the project owner and fit. i It's a signed advisory contract.

2. The project holder is responsible for selecting and contracting the project management consulting organization that has sufficient management capacity to help the project management project management project. When applying a form of project management advice, the project holder must still use the specialized units of its apparatus or specify a clue to the test, which oversees the implementation of the project management consulting.

3. The project management consulting is responsible for implementing the work and commitments under contract signing with the project holder and adhering to the existing regulations of the relevant law.

Article 42. Cases do not establish the Project Management Board

Project owners do not need success l The project management team that uses its specialized apparatus to manage, run the program, project, or hire people with expertise, experience to help manage, implement programs, projects in the following cases:

1. The program, the technical support project using non-reimbursable ODA capital, has a total capital (including a partner) of less than US$ 200,000.

2. Program, investment project using non-cough aid ODA capital Oh. The total investment level (including capital capital) is less than US$ 350,000.

3. Programs, regional projects, industry programs, budget support, non-project aid.

Article 43. Real preparation capital i And the program, the project, the project.

1. Programs, the project must be guaranteed enough capital to prepare for implementation and implementation of the program, the project (including the pre-implementation activities, if any). The source, capital, and capital mechanisms must be consistent with the content outlined in the program document, the project granted by the authority to approve.

2. The standard capital is prepared to implement and implement the program, the project may include the following:

a) Operating costs for the Program Management Board, the project (salary, reward, subside, office, working vehicle, administrative costs);

b) The cost of the design appraisal, review of the total expected, complete the investment procedures, construction and other required administrative procedures;

c) Costs associated with the selection of the contractor;

d) Expenses for conference, workshop, training, management training and implementation of the program Tr ... What? The project.

Cost of receiving and disseminable technology, experience, international skills;

e) The cost of propaganda, program advertising, project and community activities;

g) Pay for taxes, customs fees, insurance premiums according to the current regulation;

h) Payment of interest, deposit, commitment fee and other related charges must pay for the foreign side;

i) Cost of receiving equipment and domestic transport (if available);

l) The cost of audit;

l ) The cost of doing some of the basic activities of the program, the project (survey, engineering design, construction; compensation, free and resettlement, and resettlement; construction of a number of work items, procurement of several equipment pages);

m) The cost for monitoring and evaluation activities; monitoring and quality control, recovery, desk, program decision, project;

n) The spare cost and other reasonable costs.

3. For programs, the project is a level-based project from the state budget: the governing body is responsible for the balance of capital. to The annual budget bill of the governing body follows the regulation of the existing law and is well-defined by basic building capital, the career administration corresponding to the program's spending content, the project; ensuring full response capital layout, in time. I Yeah. i, in accordance with the regulatory progress in the program document, the project has been granted the authority to approve, in accordance with the regulation of the law on state budget and the international convention on ODA and preferable borrowing.

4. For programs, the project to borrow from the state budget and programs, project part level, part of the loan, a loan holder: the self-arranged capital project or the decision governing body to ensure sufficient capital to the program, the previous project. When you sign the contract.

5. For programs, the project on the level of the state budget from the state budget has the time of approval or signing not to coincide with the annual budget forecast period, which has not yet been met by the capital ' s capital: the governing body has the text of recommending the Ministry of Planning and Investment, the Treasury Department. The main authority to handle the authority or the grant has an additional jurisdiction on the annual budget bill.

At the time of the timing of the planning capital plan being prepared to implement and implement the program, the project is considered to be uncoincated with the annual budget planning, the governing body for the total capital has been allocated. In the absence of self-balancing, the governing body has the text to send the Ministry of Planning and Investment, the Finance Ministry demanding review, decide the capital advance and then deduct the next year's plan.

6. In the event that the response capital has been issued from the annual central budget for programs, the project does not use it all, the governing body can be transferred to programs, the other project has the need after being approved by the authority to hand over its funding. Browse the current rules.

Article 44. Previous advance to carry out the program, project

Where there is an urgent need for advance capital to carry out some of the program ' s categories, the grant-based project from the state budget has been committed to funding from ODA funding and preferable loans and has been given a fiscal year financing that has not yet withdrawn. an ODA capital and preferable borrower, Ministry of Planning and Investment, coordination p with the Ministry of Finance review, the decision to advance capital from the state budget source on the basis of the governing body 's equation and the sponsor' s commitment text of the regression of earlier capitalization. Ph. And This capital will be revoked by the State Treasury of the state Treasury when the ODA funds and loans are allocated to those categories.

Article 45. Taxes and fees on programs, projects and projects

Tax and applicable fees on programs, the project is implemented as defined by the existing law on taxes and fees, the international treaty that the Socialist Republic of Vietnam is a member. In case there is a difference between the rule of law in the country with that international treaty, which applies the regulation of international treaties. The Ministry of Finance has specific guidance on this issue.

Number 46. Compensation, support and resettlement

1. The compensation, support and resettlement in the programs, the project implementation follows the regulation of the existing law and the international convention on ODA and the preferable borrower that the Socialist Republic of Vietnam is a member. In case there is a difference between the rule of law in the country with that international treaty that applies the rules. Shit. Of international treaties.

2. The application of the program's compensation, support and resettlement, the project must have a formal formal commitment by the authority of the competent authority on the progress of progress, the completion of compensation, support, free release, and resettlement in accordance with the progress. the implementation of each program's bid, the project.

Article 47. Bid.

1. The bidding for the implementation of the program, the project must follow the provisions of the existing law and the international convention on ODA and the preferable borrower that the Socialist Republic of Vietnam is a member. In case there is a difference between the rule of law in the country with travel Okay. That international treaty applies to international treaties.

2. For pre-existing operations related to the regulatory bidding work at the Decision to approve the Sponsorship Portfolio: the governing body and the project host conduct preexisting implementation activities in relation to the regulatory bidding work at Article 17 Decree. Hey.

Article 48. Edit, add program content, project and use of residual capital during program execution, project, project, and project.

1. The revised case, the addition of which leads to changes in the content in the Decision to approve the Sponsorship Portfolio: the governing body for implementation under the regulation at Article 19 of this decree.

On the basis of a substitute approval socket i about the content in the Decision to approve the Board of Jurisdiction Grants, the governing body that conducts procedures related to high school approval. y It ' s the program, the revised and complementary.

2. Case of modification, plugin content What? , the project leads to revision, addition, extension of the international convention on ODA and preferable borrowing capital, the proposed body implementation stipulated at Article 35 Ngh. Shit. Hey.

3. The use of residual capital (ODA and preferable loans) arise during the course of the program, project three. o including the post-bidding balance, the balance of capital changes, interest rates, unallocated redundum, and other funds made as follows:

a) Fuck! Stain. i with the case of s Yeah. Inherent balance within the program range, project: on the basis of a deal with the sponsor, the q. U The owner decides the use of an example. n The balance is in the current rules;

b) For school hours p. n The residual is to implement the program, the new project in the priority direction to develop the efficiency of the program, the project is implementing: to The basis of the agreement with the sponsor, the governing body has the text to submit the Ministry of Planning and Investment attached to the Program Plan, the new project. The next steps involve approval of the Implementation Portfolio in accordance with the Regulations 3 and 4 Article 13 This Protocol. .

Article 49. Construction management, recording, desk, k. i I don't know.

1. For the investment project, the appraisal, construction design approval and total accounting, the construction license level, process quality management, recovery, delivery, warranty, public insurance, and more. What? Construction is done according to the regulation of the ph. Ah! p the current law on investment management and the international convention on ODA and the preferable borrower that the Socialist Republic of Vietnam is a member. In minus Yeah. There is a difference between the rule of law. to The water bee with that international treaty applies the regulation of international treaties. .

2. For the program, the project supports engineering, after completion, the agency ' s principal agency. n the organization of the collection and the conduct of the necessary measures to continue to exploit and develop the results achieved as well as implement the provisions of the existing law on the financial management and property of the program, the project.

3. The audit, program decision, project must be implemented by the regulation of the existing law and the international convention on ODA and the preferable borrower that the Socialist Republic of Vietnam is a member or at the request of the sponsor. In case there is a difference between the rule of law in the country with that international treaty, which applies the regulation of international treaties.

Article 50. Deal with contract disputes

The case of the dispute involves the contract in the implementation of the program, the project, the parties responsible for the negotiation of the settlement. The case does not reach agreement between the parties, the settlement of the dispute is made through mediation, arbitration or court by the regulation of the contract or the provisions of the international treaty of ODA and the preferable borrowing of the program, the project, and the ... the international agreements and the relevant legislation.

Chapter VI

PROGRAM MONITORING AND EVALUATION, PROJECT

Article 51. G. i The program's murder, the project.

Program monitoring, the project covers the activities of tracking and testing the process of implementing the program, the project aims to ensure the objectives and effectiveness of the program, the project, in which:

1. Follow d It was i program programs, the project covers the regular and periodic activities of the management levels to update the full information on the project. l Concerned with the implementation of the program, project; classification and analysis of information; in time to propose processing methods to ensure the right objectives, progress, quality within the framework of resources of the program, project.

2. Program testing, the project includes: planned or groundbreaking periodic activities aimed at examining the acceptance of management regulations, detection in time of errors, weakness in the implementation of the provisions of Vietnamese law and the wish of the law to be executed. Specific International ODA and Preferable Loans; petitions for the competent authorities to handle misconduct and oversee the implementation of remedied measures.

Article 52. Assessment of the program, project

1. Program evaluation, the project includes recurring activities, comprehensive review, systematic and objectiable objectiation, efficiency, performance, and performance. All t, the impact and sustainability levels of the program, the project to have the necessary adjustments and to draw out the lessons of experience applied to the next phase of execution and programs, other projects.

2. Evaluation work is periodically conducted and groundbreaking (when necessary). Depending on the particular case and under the agreement with the sponsor, the evaluation stages may include:

a) Initial review: proceed immediately after the start of the program, the project aims to review the actual changes in comparison to the program document, the project was approved for handling measures;

b) Midterm assessment: conduct in the middle of the program execution time, the project aims to consider the situation to take to the moment of assessment to have the necessary adjustments;

c) The review ends: proceed immediately after the implementation of the program, the project to review the entire implementation process, as the basis for reporting the end of the program, the project;

d ) Impact assessment: conducted within 3 years, since the date of the program, the project to the mining, using the Okay. consider efficiency, sustainability and impacts compared to the program's initial set goals, the project.

3. To ensure objectiation, transparency, assessment work must be conducted by the expert or expert group, independent counsel hired under the existing regulations, there is sufficient level of expertise and necessary experience (except the initial assessment may be required). by the Project Management Board. The project owner must coordinate with the sponsor defining the time and funding for the assessment business from the period of construction of the program, the project.

4. The evaluation plan must be built in the program document, project, and must be consistent with the nature of the program, the project.

Article 53. The responsibility of the governing body in the monitoring and evaluation work

1. The organization establishes, operates program monitoring and evaluation systems, projects at the governing body level, which examines programs, projects at least once a year, and the layout of resources required for monitoring and evaluation work.

2. Coordinate with the Ministry of Planning and Investment that performs monitoring and evaluation of programs, projects at the national level.

3. Implement the report mode under the current regulation and guidance of the Ministry of Planning and Investment.

4. The full and timely response of the project host's recommendations in the progress report conducted and reported the results assessment results, the project; in coordination with the sponsor and related agencies to conduct a breakthrough assessment in the case of need.

5. The organization assessed the impact of programs, projects under the authority under the planning assessment of the Ministry of Planning and Investment.

6. Share information through the monitoring system, program evaluation, project in c ... All p. Okay. to ensure transparency and conflict of community supervision.

Fuck! i 54. The responsibility of the project master in monitoring and evaluation work

1. The organization establishes and operates the monitoring and evaluation system at the project level and b. Stain. Idiots. Oh. Force And n What? t for this work; designated the responsible department regularly carrying out the tasks of monitoring, assessment, and evaluation. Stain. i with my program, my project.

2. The organization that carried out oversight and evaluation under the plan was approved in the program document, the project.

3. Timely handling of the difficulties, entanging of the authority and the petitions outlined in the assessment reports. In the event of excess authority, the governing body has a measure of handling.

4. Implement the report mode under the current regulation and guidance of the Ministry of Planning and Investment.

5. Hire a review assessment on the basis of monitoring and evaluation plans outlined in the program document, the project.

6. Sharing information through the monitoring system, evaluation of the program, project at the project level to ensure transparency and competition of community oversight.

Article 55. Responsibility of the Board Why? project in tracking and evaluation work

1. System settings g internal information, collection and storage of full information, data, profiles, documents, books, testimonies from the program, projects, reports of contractors, changes in the changes, and more. to The policy bee, Vietnam law and sponsor regulations regarding program management, project.

2. The report makes a regulatory implementation, providing, sharing information through the monitoring and evaluation system, local and national level.

3. Support for the project owner in the monitoring and evaluation of the program, the project.

Article 56. Responsibility of the Ministry of Planning and Investment in the monitoring and evaluation work

The Department of Planning and Investment is the lead agency that helps the Prime Minister to organize the oversight and evaluation of ODA and v ... Stain. Borrowing in c All p qu Stain. c, having the following specific task:

1. The organization establishes and operates supervising and evaluation systems at the national level and the layout of the resources required for this work.

2. The presiding officer plans to oversee and evaluate ODA and its annual preferable loans at the national level and in coordination with the ministries, industry and local and the organizer of the organization to implement this plan.

3. Timely handling of the difficulties, entanged in the jurisdiction stated in the project's report, the governing body and the sponsor; the introduction of solutions aimed at improving the implementation of the program, the project, and improving the efficiency of the use of ODA and preferable loans.

4. The presiding officer, in coordination with the Ministry of Finance and relevant agencies overseeing the specific compliance of the law and the specific international treaty on ODA and preferable loans, effectively uses the capital of the program, the project. In case c And The design of the interdisciplinary workgroup works directly with the governing body and the project owner about solutions to overcome the difficulties involved in the implementation of programs, projects to ensure progress and efficiency. For matters beyond jurisdiction, the Prime Minister considers, decides.

5. Presiding, coordinating with c Uh ... the owner and sponsor of the selection of programs, projects to include the annual impact assessment plan.

6. Share information through the monitoring system, assessment of the program, project at the national level. Okay. ensure transparency and competition for the oversight of the community. Oh. Yeah.

Article 57. The regime reports the adoption and use of ODA capital and preferable capital.

1. Project host:

The project holder is reporting on the implementation of the program, the project to the governing body, the Ministry of Planning and Investment, the Ministry of Finance, the relevant sector management, the Provincial People's Committee where the program, project and sponsor, includes:

a) The monthly report, which is at least 10 days after the end of the month (applies only to the program, the project under the approval of the Prime Minister and the Group A investment projects);

b) Quarterly report, 15 days after the end of the quarter;

c) Report the year, the slog on 31 January next year;

d) The report is over, the slog. 6 Months after the end of the program, the project;

) Report on the changes (if any) than the contents of the specific international convention on ODA and the already signed preferable loan capital.

Reports to the sponsor are carried out. Deal. In terms of the specific international treaty on ODA and the program's preferable loans, the project.

2. Master's level:

At least 20 days after each quarter, the governing body reports synthetic reports. Okay. Motion picture, television. What? p and use v Stain. n ODA and v Stain. Preferable loan, program evaluation report, project management project management and submit to the Ministry of Planning and Investment, Ministry of Finance and Ministry of Foreign Affairs for aggregation of functions, tasks assigned.

3. National Level:

The following bodies were periodically six months and the year of the year of the Prime Minister's full report, which reported six months to July 31 each year and reported the year to 31 January of the following year:

a) Department of Planning and Investment Report The Prime Minister of the Government on the situation of advocacy, management and use of ODA capital and preferable loans at the national level by regulation at Section 11 Article 61 This decree;

b) The Ministry of Finance sets a report on the Prime Minister's total on the loan, payment, debt, and settlement, and withdrawal of the ODA, and the borrower's capital, in accordance with Article 5 Article 62 of this decree.

4. The Ministry of Planning and Investment Investment, in collaboration with the relevant agencies reporting and reporting the unionated report on ODA and preferable borrower, each step in harmony. -You a sample report with donors; oversight of the compliance of the ODA report and preferable loans at the levels and periodically reporting the Prime Minister on the situation to carry out the work.

Article 58. The cost of monitoring and evaluation of the reception, management and use of ODA and preferable loans

1. The cost for monitoring and evaluation of the program, project at the project-level project is arranged from the source of ODA capital and preferable capital or from the source of the supply capital identified in the program document, the project.

2. Costs for monitoring and evaluation of the reception, management and use of ODA and preferable loans at the governing body and national level are set up in the annual state budget forecast.

Article 59. Inspection of the reception, management and use of ODA and preferable loans

Inspection of the reception, management and use of ODA and preferable borrowing is made in accordance with the regulation of the existing law.

Chapter VII.

STATE MANAGEMENT OF ODA AND PREFERABLE BORROWER

Number 60. State management of ODA and preferable borrower

The government unified the state administration of ODA and preferable loans, including the following content:

1. Strategic decisions, policies, planning, navigation, and use of ODA and loans are preferable for each period.

2. Group v What? n a legal violation of management and use of ODA and preferable loans under jurisdiction.

3. Governing the macro-management business and the use of ODA and preferable loans.

Number 61. Mission and jurisdiction of the Ministry of Planning and Investment

The Ministry of Planning and Investment helps the Government to unify the state administration of ODA and preferable loans, which have the following duties and powers:

1. As the lead agency in the advocacy, coordination, management and use of O. D A and preferable capital; presiding over strategic drafting, h ... The development works with the sponsor, the procurement, management and use of ODA and the use of preferable loans; analysis and evaluation of efficiency using these capital sources.

2. Presiding over the drafting, the enacrology or issuing of the regulatory text of management and use of OD A and borrowed capital. i according to the authority.

3. Presiding over the preparation of content and organization advocacy, coordinating the sources of ODA and preferable borrowing by jurisdiction.

4. The Prime Minister is approved by the Prime Minister and the Prime Minister is approved by the Prime Minister in accordance with Article 3 of Article 13 and Article 1 Article 14 of this decree.

5. The presiding officer, in collaboration with the Prime Minister's relevant authorities on the signing of the International ODA Framework Convention and Preferable Loans and the International Convention on International ODA, is not reimbursable under the provisions of Article 4 Article 30 of this decree.

6. In collaboration with the Prime Minister's Finance Ministry approving the domestic financial mechanism applicable to programs, the project has a use of borrowed ODA and preferable equity.

7. Presiding, in collaboration with the Ministry of Finance:

a) The Prime Minister approved the domestic financial mechanism applicable to the programs, the project with the use of non-reimbursable ODA under the authority to approve the Prime Minister ' s Sponsorship Portfolio; identify the financial mechanism in the pressure water. For programs, the project has an unreimbursable aid ODA under the authority to approve the Financial Catalogue. to The bursting of the master's body;

b) Aggregation and scheduling of the ODA solution and preferable loan capital, payable capital; full-time layout and timely preparation of program, project, basic building resources to prepare for implementation and implementation of programs, project-level projects from the company. the central budget in the annual capital plan;

c) Handling the additional needs of capital in the program ' s annual budget forecast plan, the project follows regulation at paragraph 5 Article 43 and Article 44 This Protocol. .

8. Build, operate, and finer the monitoring system and evaluate programs, projects at the national level; sharing information with relevant agencies and sponsors, exploiting this system effectiveness.

9. Follow, examine the management and organization of programs, projects, and projects, to support the implementation of programs, projects.

10. Implementing the resolve of difficulties, entanging in the course of the implementation of programs, projects, issues involving many ministries, the industry to ensure the progress of implementation and promotion of the ODA funding and preferable loans; the Prime Minister ' s petition decided. method x Yeah. The issues of ODA and preferable borrowing are under the jurisdiction of the Prime Minister.

In case of necessity, master of the city l The interdisciplinary business union works directly with the governing body, the project owner, Project Management Board and the sponsor to review, evaluate and resolve in time of jurisdiction.

11. Government Prime Minister reports aggregation periodically (6 months, one year) and sudden return on t ... What? Motor, management and use of ODA capital and preferable loans; petitions for the solutions to uninstall difficulties in the implementation of programs, projects.

12. The presiding officer imples synchrony measures to enhance the efficiency of management, use of ODA and preferable loans.

13. Compile and dissemate business manual documentation on advocacy, preparation, appraisal, implementation management, monitoring and evaluation of program, project; support for program management training, project in professional and sustainable direction.

Article 62. Mission and Power of the Ministry of Finance

1. In collaboration with the Ministry of Planning and Investment and related strategic construction agencies, the policy of cooperation develops with the sponsor, the procurement, coordination, management and use of ODA and preferable loans; analysis and effective evaluation of the use of capital funds. Hey.

2. The guidelines prepare for content related to capital use conditions, financial management of programs, projects.

3. Presiding. p with the Prime Minister's relevant authorities on the signing of the specific international treaty on the funding of ODA and the provision of preferable loans at Article 2 Article 30 of this decree.

4. The official representative for "the borrower" for ODA loans and the borrower ' s loan favors the State or Government with the sponsor, except the loans issued by the State Bank of Vietnam are representative to Vietnam and authorized to sign the International Treaty on Human Rights. A loan.

5. Financial management for programs, projects:

a) Presiding, in coordination with the relevant agency guidelines for financial management on the program, project; and

b) Presiding, in coordination with the Ministry of Planning and Investment, the governing body and relevant agencies the Prime Minister approx the domestic financial mechanism applicable to the programs, the project has the use of borrowed ODA and preferable loans before the signing of the project. What? Oh. c-specific international ODA and preferable borrower;

c) In collaboration with the Ministry of Planning and Head of Prime Minister approx the financial mechanism in the country applicable to programs, the project has an unreimbursable aid ODA under the authority to approve the Prime Minister ' s portfolio of funding; verification. The financial mechanism in the country applies to programs, projects that use non-reimbursable ODA funds under the jurisdiction of Appropriation. to The bursting of the master's body;

d) The specific regulation of capital withdrawal and capital withdrawal management of programs, projects on the basis of the provisions of the existing law and regulation at the international treaties of ODA and preferable loans signed with the sponsor;

Presided over tax policy implementation guidelines and fees on programs, projects; addressing tax-related problems and fees;

e) State budget capital layout and other capital funds to pay debt of ODA loans and preferable loans when it comes to a deadline;

g) Co-ordination with the State Bank of Vietnam identifies and published a list of global banks. g Standard enough to make foreign payments to the source of ODA capital and equity. U -

h) Track, examination of financial management work in the use of ODA capital and preferable loans and accounting of the state budget accounting accounting for these capital;

i) Aggregation periodically (6 months, a year) the amount of money for the bank, capital withdrawal, payment and debt to the source of ODA funding and preferable capital reporting to the Prime Minister and informing the agencies involved;

) Coordinated with the Ministry of Planning and Investment Planning and Investment Planning and Loan Planning and Preferable Loans, respectively, which handles additional demand for capital in the program's annual budget plan, the project under Regulation 5 Article 43 and Article 44 Decree. Hey.

l) Host, in collaboration with the Ministry of Planning and Investment Planning and in time of a career as a career source to prepare for implementation and implementation of programs, project-based projects from the central budget in the annual capital plan;

m) The organization refunds and refunds the loan portion of the programs, the project applies the state budget mechanism to the loan.

Article 63. Mission and jurisdiction of the State Bank of Vietnam

1. The presiding officer, in coordination with the Prime Minister ' s related agencies on the signing of specific international treaties on ODA and the preferable borrowing of the t ... socket The international monetary finance is regulated at the Article 3 Article 30 of this decree.

2. The filing desk and the entire information related to the program, the project for the Ministry of Finance after specific international treaties on ODA capital and preferable loan capital, minus the loan agreement with the Monetary Fund to the Treasury. Stain. Yeah.

3. Presiding, in coordination with the Ministry of Finance identified and published a list of eligible commercial banks to implement the transaction payment of payment. Stain. Foreign to the source of ODA capital and preferable loans, as the basis for the maintenance of the specific international treaty negotiation on ODA and the borrower's choice of bank choice for the program, the project.

4. Aggregation periodically (6 months, a year) and informs the Ministry of Finance, Ministry of Planning and Investment and related agencies on the situation of capital withdrawal and payment through the account system of programs, open projects at banks.

Article 64. The Ministry of Justice and the powers of the Ministry of Justice

1. The appraisal of the International Convention on ODA and the borrower is preferable by law on international treaties.

2. Participate in the negotiations, please build up the U This is a draft of the International Convention on ODA and Preferable Loans.

3. Engaging in opinion on program scheme, project h ... With foreign law.

4. The program's document appraisal, the project to cooperate with foreign countries under the jurisdiction of the Prime Minister's approval.

5. There is legal opinion on the legal issues facing the draft policy framework resettlement prior to the approval of the Prime Minister.

6. The legal level of opinion on the international treaties of ODA and preferable borrowing or other related legal matters at the request of the relevant agency is required. Jurisdiction .

Article 65. Mission and jurisdiction of the Ministry of Foreign Affairs

1. In coordination with the relevant agencies, on the basis of general foreign policy, construction and implementation implementation, the direction of ODA advocacy and preferable loan capital, policy policy. Stain. works; participation in the ODA movement and preferable loans.

2. Owner What? , in collaboration with the Ministry of Planning and Investment and Uh ... related to the direction of foreign representative bodies of the Socialist Republic of Vietnam abroad or at the international organization conducting an ODA movement and preferable borrower, inh ... p with advocated, advocacy, planning, planning to attract and use of an ODA capital and preferable borrower during each period.

3. The examination proposal for negotiation, signing international treaties for ODA and preferable loans; participation in negotiation, which contributes to the draft of the International Convention on ODA and Preferable Loans.

4. Implementing foreign procedures on the signing and implementation of the International Convention on ODA and Preferable Loans; the hosting of the archives, the continent, the publication of the International Convention on ODA and the preferable borrower.

5. Participate in the evaluation of programs, ODA projects and preferable loans.

6. Follow suit, check the execution procedure and implement the qu clause. Stain. c What? v Okay. ODA and v Stain. Borrowing under the rule of law on terms of treaty. Stain. c What? .

Article 66. Duties and powers of the Office of Government

1. Help the Government and the Prime Minister to lead, direct, run United. State management of ODA and loan capital favour Do.

2. Join the opinion on the content in the process of preparing the program, the project at the request of the governing body or the project holder; the inquiry and the proposal, the petition for policy, mechanism, how the organization performs the program, the project before the Government, the Prime Minister. The government considers it, decided.

3. Help the Government and the Prime Minister to check, the governor of this decree.

Article 67. The duties and powers of the ministries, peer agencies, government subordinated agencies.

1. Remix p with the Ministry of Planning and Investment and strategic-building agencies, the planning of attracting and using the ... d Incentive for ODA and borrower; building policies, coordination and improving efficiency using ODA and preferable loans in the field of charge.

2. Construction of the Programme Scheme, the project, the authorship with the authority to approve or approve under the prescribed jurisdiction at Article 13 of this decree.

3. In collaboration with the Ministry of Finance, the State Bank of Vietnam in the submission of the Prime Minister on the signing of the specific international treaty on ODA and preferable borrowing for programs, the project is due to be governed by regulation at Clause 2 and 3 Articles 30. This decree.

4. The Prime Minister's proposal for the signing of a specific international treaty on ODA does not reimbursate the regulation at this decree and the organization imples that international treaty after being signed.

5. Implementing a state management function for ODA capital and industry-based preferable capital, the field of charge under the rule of law.

6. Publicly transparent and responsible for effective use of ODA capital and preferable loans of programs, projects due to its own online use. What? p management and execution.

Article 68. The mission and the powers of the Provincial People ' s Committee

1. In collaboration with the Ministry of Planning and Investment, the Ministry, industry and related agencies building strategies, planning to attract and use ODA and v ... Stain. n borrowing; building policies, coordination and improving efficiency using ODA and preferable loans in the province, the city.

2. Building Project Scheme, Project, pp. What? Granted, the authority is approved or approved under the prescribed jurisdiction at Article 13 of this decree.

3. In collaboration with the Ministry of Finance, the State Bank of Vietnam in the Capital Oh. The Government is on the signing of a specific international treaty on ODA and preferable loans to programs, projects that are governed by themselves as a regulation in Clause 2 and 3 Articles 30 of these and implementing that international treaty after being signed.

4. In collaboration with the Ministry of Planning and Investment in the presentation of the Prime Minister on the signing of the specific international treaty on the ODA does not reimbursate the regulation at this decree and the organization imples that international treaty after being signed.

5. Responsible for directing, organizing the recovery of land, compensation, free liberation for the program, the project on the site by the rule of law, the international treaty on ODA and the preferable capital of the Socialist Republic of Vietnam is a success. Yes,

6. Implementing state management functions on ODA capital and preferable borrowing on the site by the rule of law. l -Yeah.

7. Publicly transparent and responsible for effective use of ODA capital and preferable loans of programs, projects directly administered and implemented.

8. The capital repayment of the central budget to pay foreign debt to the programs, the project applies the central budget mechanism to the provincial budget to borrow from ODA funding and preferable loans.

Article 69. Commendation and breach processing

1. The organization, the individual who has an outstanding achievement in the implementation of this decree is rewarded by the rule of the law of commendation.

2. The organization, the individual who violates the provisions of this decree, is subject to the nature and extent of the breach under the rule of law.

Chapter VIII

EXECUTION CLAUSE

Article 70. Organization implemented

1. The Ministry of Planning and Investment, in collaboration with the relevant agencies, is conducting this decree.

2. The Ministry of Finance issued guidelines for implementing this decree on financial management, tax policy, and fees on the ODA capital and the jurisdiction.

Article 71. Performance Performance

1. The decree came into effect since June 6, 2013 and replaced the United States Protocol. 131 /2006/NĐ-CP November 9, 2006 of the Government enacted the Management Regulation and uses the source of formal development assistance.

2. The Ministers, the Prime Minister, the Head of the Government, the Chairman of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, the organizations, the relevant individuals responsible for the implementation of this decree. ./.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung