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Circular No. 01/2008/tt-Bng: Guidelines, Procedures Of Signing And Implementing International Treaties Regarding Official Development Assistance Sources

Original Language Title: Thông tư 01/2008/TT-BNG: Hướng dẫn trình tự, thủ tục ký kết và thực hiện điều ước quốc tế về nguồn hỗ trợ phát triển chính thức

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Circular sequence, procedure of signing and implementing international treaties regarding official development assistance sources to base law on signing, joining and implementing international treaties on June 14, 2005;
Pursuant to Decree No. 131/2006/ND-CP dated 9 November 2006, the Government issued a regulation on the management and use of official development assistance resources;
Pursuant to Decree No. 21/2003/ND-CP dated 10 March 2003 the Government functions, mission and organizational structure of the Ministry of Foreign Affairs;
The comments made by the Prime Minister in writing the number 1908/TTg-QHQT on November 20, 2006 of the Prime Ministry of Foreign Affairs issued a written guidelines, procedures for signing and implementing international treaties on ODA;
The Foreign Ministry guidelines, procedures for signing and implementing international treaties about the source of official development assistance (ODA) as follows: part I GENERAL PROVISIONS 1. Scope and object 1.1 application. This circular detailing the guidelines, procedure of signing and implementing international treaties, international treaties specifically about official development assistance resources (hereinafter referred to as the international treaties about ODA) prescribed in clause 14 article 4, article 9, 20, 21, 22 and art. Article 31 of the regulations and to use sources of support official development (hereinafter the regulation) attached to Decree No. 131/2006/ND-CP dated 9 November 2006 from the Government.
1.2. This circular apply to works signed international treaties and implementation of ODA of ministries, ministerial agencies, government bodies and other agencies have programs, ODA projects are specified in clause 15 article 4 of this regulation.
2. the responsibility of the Government on the conclusion and implementation of international treaties specifically on ODA in case the governing body is not the proposal of the Government agency.
2.1. The case of the governing body, the ODA project program (referred to as governing body) is not proposed the Government Agency prescribed in article 21 of the regulation a) case of specific international treaties about ODA, ODA loans non-refundable is signed with the World Bank (WB) The International Monetary Fund (IMF), the Asian Development Bank (ADB) for the program, the ODA project in the governing body is not the State Bank of Vietnam, the State Bank of Vietnam is proposing the Government about the conclusion and implementation of international treaties;
b) where specific treaties on the ODA loan signed with the sponsor not the IMF, WB and ADB for the program, ODA projects in the governing body is not the Ministry of finance, the Ministry of finance is the Government proposal on the conclusion and implementation of international treaties;
c) where specific treaties on ODA not refundable is signed with the sponsor not the IMF, WB and ADB for the program, ODA projects in the governing body is the body of the National Assembly, Parliament's authority, the State Auditor, the provincial people's Committee , city in Central or central agency of social-political organization, social-political organization-career, professional organisations, the Ministry of planning and investment is the Government proposal on the conclusion and implementation of international treaties;
d) where specific treaties on the ODA does not refund referred to in point c of this Item was signed with international treaties specifically about ODA loan with the same donor for the same program, ODA projects, the Ministry of finance is the Government proposal on the conclusion and implementation of international treaties.
2.2. The governing body specified in section 2.1 of this section is responsible for: a) draft international treaties specifically about ODA, to translate the draft international treaties that Vietnamese and send out the proposed authorities; in collaboration with the Agency proposed against the Vietnamese translation, text of international treaties;
b) provided for the proposed agency the information required to the Agency suggested the Government about the negotiation, signing, ratification, approval, interpretation, amendment, addition, extension, suspension or termination of the validity of international treaties specifically on ODA;
c) participated or chaired the signing ceremony of the Organization, negotiating international treaties specifically about ODA according to the decision of the Government's authorized;
d) building plans to make international treaties specifically about ODA posted the proposed agency to the Agency suggested the Government approval in cases specified in section 1.1 part III of this circular;
DD) case the governing body of the notice of sponsors of ratification, approval, effective date, interpretation, amendment, addition, extension, temporary suspension of execution, terminate the validity of international treaties specifically about ODA, or terminate the program, ODA projects in international treaties, the governing body is responsible for sending that message for the proposed agency and Ministry of Foreign Affairs;
e) Submit the proposed agency and the State Department annual report on the implementation of international treaties specifically on ODA.
Part II Of The Order And PROCEDURE Of SIGNING INTERNATIONAL TREATIES ABOUT ODA 1. Draft international treaties about ODA 1.1. Before submission to the Government on the negotiations, signed international treaties about ODA prescribed in article 9 or Article 22 of the Statute, the agency responsible for building the proposed draft international treaties on ODA; the case of the governing body is not the proposed authority, the governing body has the responsibility to draft international treaties on ODA and send the proposed agency.
1.2. in case the Agency proposed the Government through the draft international treaties about ODA with the same donor as the basis of negotiating international treaties on ODA has similar content a) draft international treaties about the ODA process of the Government includes the main content of the commitments Vietnam and sponsors , the options for specific issues (if any) and is built on the basis of the form the draft international treaties of the sponsor (if any), international treaties about ODA was signed before that;
b) sequence, procedure and process of government records through the draft international treaties about ODA with the same donor as the basis of negotiating international treaties on ODA has similar content is done as specified in Section 4.3 and section 4.2 point a of this section.
The proposed agency and the Government on the negotiations, to sign international treaties on ODA, and recommended the Government through the draft international treaties about ODA that as the basis of negotiating international treaties on ODA have similar content.
c) draft international treaties on ODA has been passed is an agency for the construction of each of the international treaties on ODA have similar content to negotiate with sponsors.
2. Translation, reviewing, comparing, Vietnamese translation of the texts of international treaties regarding ODA 2.1. In the case of international treaties on ODA is only signed in foreign languages, the proposed agency is responsible for translating the international treaties which the Vietnamese out according to the provisions of article 16 of the law on signing, joining and implementing international treaties (hereinafter the Law); the case of the governing body is not the proposed authority, the governing body is responsible for translating the international treaties that Vietnamese and send the proposed agency.
2.2. the proposed agency is responsible for reviewing text collation, Vietnamese or Vietnamese translation to foreign language text of international treaties of ODA to ensure accuracy of the content and the form.
2.3. The opinion of the Ministry of Foreign Affairs about the review, collated the text of treaties, ODA (stipulated in article 16 of the law) stated in the opinion of the Foreign Ministry (the provisions of article 10 of the law), after receiving the text of opinions the Agency proposal (provisions of article 12 of the law) the enclosed draft international treaties by Vietnamese and foreign language, Vietnamese translation of treaties in the case of international treaties was signed only in foreign languages.
3. Authorized the negotiations, signed international treaties about ODA 3.1. Case of authorized negotiations, signing of treaties, ODA once a) recommendations of the proposed authority of the representative is authorized to negotiate, sign international treaties on ODA outlined in the Government on the negotiations, signed international treaties;
b) Who received government authorization to negotiate, each sign international treaties on ODA according to the recommendations of the Agency proposed rules in paragraph 5 to article 23 of the law is: the Ministry leaders or other representatives of the Agency proposed; or the head of the governing body (the case of the governing body is not the proposed agency); or the head of agency representatives of the Socialist Republic of Vietnam in foreign countries in the case of negotiations, to sign the international treaty that in foreign countries; or the leader of The other branches.
3.2. in case of authorized negotiations, to sign the international treaties about ODA with the same donor a) organ case suggested the Government on the authorization for one or more of the proposed agency's representative to negotiations, to sign the international treaties about ODA with the same sponsor, the sequence procedures are done in accordance with articles 10, 12, 14, 15 and 17 to article 21 of the Articles from the law;
b) texts of international treaties in the Government record is a copy of the international treaties on ODA donors have been signed earlier, or draft international treaties about the ODA includes the main content, the options for specific issues (if any) to serve as a basis for negotiations with the sponsor;
c) Who are the authorized government negotiators, signed international treaties about ODA with the same donor is one or more of the Ministry leaders or other representatives of the proposed agency.
The Government's decision to base authorization to negotiate international treaties about Qi ODA with the same sponsor, the Agency's representative proposed host talks with sponsors of each international treaties regarding ODA.
The signing of international treaties on ODA made after ensuring the conditions specified at points a and c of section 6.1 and 6.2 of this section.
3.3. procedure for granting the authorization on a) Foreign Ministry completed foreign procedures of granting authorization to negotiate, each sign international treaties about ODA or the authorization to negotiate, sign the Convention of international treaties regarding ODA with the same sponsor;

b) the time limit for granting authorization is not more than five (5) working days from the date of receiving the decision of the Government's authorized, or from the date of receiving the written notice of the proposed agency provides information about the name and title of the person authorized, the name by Vietnamese and foreign languages of international treaties on ODA (in case this information is not yet be stated in the decision of the Government on the authorization provided for in paragraph 3 to article 24 of the law).
3.4. In case of change of the authorised Government negotiators, once international treaties about ODA or the person authorized by the Government to negotiate, sign the international treaties about ODA with the same sponsor, the Agency proposed the timely submission to the Government the decision prescribed in paragraph 4 to article 24 of the law; The State Department completed the procedure of granting the foreign authorizations as specified in section 3.3 of this section.
4. The order and procedure of the Government on the negotiations, signed international treaties about ODA 4.1. Unless the proposed agency has authorized the Government to negotiate international treaties about ODA with the same sponsor, the proposed agency is responsible for the Government on the negotiations, signed international treaties regarding ODA. The case of the governing body is not the proposed authority, the governing body has the responsibility to give the proposed agency the information required to the Agency suggested the Government on the negotiations, signed international treaties specifically on ODA.
4.2. The procedures the Government a) except in cases stipulated in points b and c of this Section, sequence, procedure of the Government on the negotiations, the signing of treaties, ODA was made according to the provisions of articles 10, 12, 14 and from 17 to 21 of Law Thing Thing;
b) case should proceed to fold the negotiation, signing international treaties about ODA according to the direction of the Prime Minister, or by the donor's suggestion that the time limit for conducting the negotiations, signed the international treaty that only a maximum of forty-five (45) days, the order and procedures of the Government on the negotiations signing international treaties, which are as follows: the proposed agency simultaneously send the Agency opinions, organization is related to the content of international treaties, the opinions of Foreign Ministry's examination and evaluation of the opinion of the Ministry of Justice; the records include writing the proposal contribute comments, draft Documents the Government and accompanying text specified in section 4.3 of this section;
The Agency held that relate to the content of international treaties on the ODA is responsible for sending comments to reply in writing to the Agency proposal within a period not exceeding five (5) working days from the date of receiving the Agency's profile. Reply comments in writing by the Agency, the organization is related to the content of the draft international treaties about ODA sent simultaneously to the Agency proposal, the Foreign Ministry and the Ministry of Justice.
The Foreign Ministry sent the proposed agency comments check proposed negotiations, signed international treaties about ODA within no more than five (5) working days from the date of receipt of application of the proposed agency and the Agency's opinion, the organization is related to the content of the draft international treaties regarding ODA.
The evaluation of international treaties regarding ODA according to the provisions of article 19 of the regulation on the evaluation of international treaties issued together with decision No. 06/2006/QD-BTP on 24 July 2006 of the Minister of Justice.
Shortly after receiving the reply text of the relevant organizations, agencies, organs of the Government on the proposed talks, or negotiations and sign international treaties on ODA.
c) where the proposed agency representative has authorized the Government to sign international treaties on ODA, with the same sponsors after the conclusion of negotiations on the draft international treaties about ODA, the Agency proposed the Government on signing international treaties regarding ODA in sequence procedures specified in section 6.2 of this section.
4.3. The profile of the Agency proposing the Government a) sheets of the Government on the talks, or negotiations and sign international treaties on the ODA of the Agency proposed include the content of the provisions in article 14 of the Act.
With regard to international treaties on ODA must be approved according to the provisions of article 43 of the Act, the proposed agency can petition the Government for permission to sign and complete the procedures in effect (approval) of international treaties that, at the same time delivered the proposed agency to coordinate with the Foreign Ministry to conduct the foreign procedure about the completion of the procedures in force of international treaties which , on the condition that the proposed agency ensures the text of treaties, ODA will be signed not changed compared with the draft international treaties the Government allows.
b) The text attachment Sheet the Agency's proposed rules at points b, c and d of paragraph 1 article 15 of the Act.
In the case of the Government on the signing of international treaties specifically about ODA, then the necessary documents specified in point d of paragraph 1 article 15 of the law including the decision to approve the text of the program, the Agency's ODA projects authorized under the provisions of the regulation, or mail the notice of proposal sponsor to sign international treaties which (if any) , other documents (if necessary).
4.4. the proposed agency in collaboration with the Office of the Government in the case of the Government or the President or the report of the Commission of the National Assembly as stipulated in points b, c and d, paragraph 4 Article 12, paragraphs 2 and 3 of article 15 of the code.
5. Negotiating international treaties about ODA 5.1. The Government's decision to base authorization negotiations once international treaties about ODA or authorized to negotiate international treaties about ODA with the same sponsor, the representative authorized by the Government presided over negotiations with sponsors of international treaties regarding ODA.
5.2. The end of negotiations, the Government was authorized to negotiate with authority to sign off the draft international treaties about ODA, signed minutes of talks with donor representatives to record the results of negotiations after review and collated text of the draft international treaties.
6. To sign international treaties on the ODA 6.1. Before the signing ceremony of international treaties on ODA, the proposed agency has the responsibility to complete the procedure of signing international treaties which under the provisions of paragraph 1 of article 27 of the code. The procedure of signing international treaties about ODA was completed when ensuring the following conditions: a) the Government has decided to agree to the draft international treaties on ODA and allowed to sign international treaties;
b) representative to sign international treaties on ODA has authorized government;
c) proposed agency has completed the review, collated with Vietnamese text, the text of the International Treaty of ODA to ensure accuracy of the content and the form.
6.2. In the case of representation proposed by the Government agency authorized to sign international treaties on ODA with the same sponsor complete the negotiations on the draft international treaties about ODA or draft international treaties on ODA has been the Government for permission to sign but after negotiating changes to the provisions in paragraph 3 article 27 of the law, the proposed agency process The Government on the signing of international treaties that are signed and only after have decided to sign the Government's. The order, the Government procedure as follows: a) check your opinions the Foreign Ministry if the content changes arise in negotiations related to the contents specified in points b, c, and d, article 10 of the Act, or in relation to the nominal level, sign the register, the effect of international treaties; the text of the poll agency proposed should clearly state the content change and attach the draft international treaties.
The Foreign Ministry is responsible for sending comments to reply in writing to the Agency proposal within a period not exceeding five (5) working days from the date of receiving the written opinions of the proposed agency.
b) consulted the Department of Justice's evaluation if the content changes arise in the negotiations may lead to amendments, supplements or issued new legal text; the evaluation is done according to the provisions of article 20 of the regulation on the evaluation of international treaties issued together with decision No. 06/2006/QD-BTP on 24 July 2006 of the Minister of Justice.
c) in the case of content change arises in negotiations related to the field in the scope of State management agencies, the opinions of the Agency; the Agency asked responsible comments send your comments to reply in writing to the Agency proposal within a period not exceeding five (5) working days from the date of receiving the written opinions of the Agency proposed;
d) after receiving the written opinions of the agencies specified in points a, b and c of this Section, the Agency proposed the Government on the signing of international treaties; the Government records include the documents specified in section 4.3 of this section.
6.3. Pursuant to Government decision allows to sign international treaties on ODA, the proposed agency has the responsibility to complete the printing of texts of international treaties, the Convention signing ceremony of ODA according to the provisions in paragraph 6 to article 23, paragraph 1 and paragraph 2, article 27, article 28 and Article 29 of the Act.
The case of the governing body is not the proposed authority, the governing body has the responsibility to participate in or host the signing ceremony of the international treaties specifically about ODA according to the decision of the Government's authorized.
7. sequence, the procedure of approval of international treaties on ODA 7.1. With regard to international treaties on ODA must be adopted according to the provisions of article 31 of the Act, the proposed agency is responsible for the Government on the ratification of international treaties to which the Government of the President, the case of the governing body is not the proposed authority, the governing body has the responsibility to provide for the Agency to propose the necessary information to the Agency proposed the Government on the ratification of international treaties specifically on ODA.
7.2. sequence, a government program procedures) except as specified in point b of this Section, the order, the procedure the Government on ratification of international treaties on ODA are made according to the provisions in clause 1, 2 and 3 Article 38 of the Act;
b) in the case should proceed to fold the Government on the ratification of international treaties on the ODA under the direction of the Prime Minister, or as required by the sponsor that the time limit for the completion of the procedures in force of international treaties that only a maximum of thirty (30) days, then the sequence , the procedure shall be as follows:

The Agency proposed sending the fire rate profile comments of the Foreign Ministry and agencies, relevant organizations regarding the ratification of international treaties on ODA;
The Agency held be responsible opinions replied in writing to the Agency proposal within a period not exceeding five (5) working days from the date of receiving the proposed agency's records;
Shortly after receiving the reply text of the relevant organizations, organs, bodies propose the Government on the ratification of international treaties on ODA to Government of the President.
7.3. The profile of the Agency proposed sending opinions of the Foreign Ministry and agencies, relevant organizations regarding the ratification of international treaties on the ODA includes: a) the text of the proposed agency suggested contributions;
b) draft the Agency's Government Newspaper proposed the regulation in point a paragraph 1 Article 40 of the Act;
c) copies of treaties, ODA (including appendices of international treaties), translation by Vietnamese in the case of international treaties that were signed only in foreign languages.
7.4. The profile of the Agency proposing the Government on the ratification of international treaties on the ODA includes the text of the provisions of paragraph 1 to article 40 of the Act.
7.5. the proposed agency in collaboration with the Office of the Government to the Government of the President regarding the ratification of international treaties on ODA; in collaboration with the Office of the President in case the President of the National Assembly on the ratification of international treaties on ODA as a rule from 33 to 39 of the law Thing Thing.
8. The order, the procedure of approval of international treaties on ODA 8.1. With regard to international treaties, ODA must be approved by the Government according to the provisions of article 43 of the law that allows the Government's decision to sign the international treaties that do not include content that allows complete the procedure in effect ratified international treaties that the Agency proposed the Government approving international treaties; the case of the governing body is not the proposed authority, the governing body has the responsibility to provide the information required to the Agency suggested the Government approving international treaties specifically on ODA.
8.2. The order and procedures of the Government a) specified in point b of this Section, sequence, procedure of the Government on the approval of international treaties on ODA be taken according to the provisions of article 45 of the Act, b) in the case should proceed to fold the Government approving international treaties about ODA according to the direction of the Prime Minister , or as required by the sponsor that the time limit for the completion of the procedures in force of international treaties that only a maximum of twenty (20) days, the order and procedures of the Government on the approval of international treaties on ODA be done similar to the provisions of point b of this Section 7.2 Section.
8.3. The profile of the Agency proposed sending comments of the Ministry of Foreign Affairs and relevant organizations, the Agency approving international treaties about the ODA includes: a) the text of the proposed agency suggested contributions;
b) draft the Agency's Government Newspaper proposed rules in clause 1 Article 46 of the law;
c) copies of treaties, ODA (including appendices of international treaties), translation by Vietnamese in the case of international treaties that were signed only in foreign languages.
8.4. The profile of the Agency proposing the Government approving international treaties about the ODA includes the text of the provisions of article 46 of the law.
9. Notice of approval, on the approval of international treaties on ODA 9.1. Unless otherwise specified in section 9.2 of this part, the Foreign Ministry informed the sponsors of the ratification or approval of international treaties on ODA according to the provisions of article 41 and article 47 of the law, within a period not exceeding five (5) working days from the date of receipt of State bodies , authority on ratification or approval of international treaties on ODA and the originals of treaties, ODA by the Agency proposed sending.
9.2. In the case of the Government's decision to allow the sign at the same time allowing the completion of the procedures in effect (approval) of international treaties on ODA, the Ministry of Foreign Affairs to notify the sponsor of the completion of the procedures in force to approve international treaties that within a period not exceeding five (5) working days from the date of receipt of the proposal the proposed agency attached to the main international treaties on ODA.
9.3. The Foreign Ministry informed the relevant institutions, bodies on the validity of international treaties on ODA as prescribed in paragraph 4 to article 41 and paragraph 3 Article 47 of the Act.
9.4. in case of the case of the proposed agency or governing body of the notice of sponsors of ratification, approval or effective date of international treaties on ODA, the body that is responsible for notifying the Foreign Ministry within a period not exceeding five (5) working days from the date of the notice of sponsors.
Part III The Order And PROCEDURE For IMPLEMENTATION Of INTERNATIONAL TREATIES On ODA 1. The sequence of the procedure, the Prime Minister approved the implementation of international treaties on ODA 1.1. As for the plan of implementation of the international framework of treaties, ODA or specific international treaties about ODA that program texts, ODA projects approved under the authority of the Prime Minister specified in clause 1 article 19 of the regulation, the Agency proposes the Prime Minister decided to plan the implementation of international treaties in the case of treaty implementation plan on the ODA is not prescribed in the international treaties which (or in the Appendix of that international treaties); or not yet Prime through when deciding to allow or approve international treaties.
The case of the governing body is not the proposed authority, the governing body has the responsibility to draft plans to implement specific treaties on ODA posted the proposed agency to the Agency suggested the Prime Minister for approval.
1.2. sequence, the Prime procedure in cases specified in section 1.1 of this section is made according to the provisions of article 72 of the law.
1.3. the plan of implementation of the international treaties on ODA a) for ODA framework on international treaties, the implementation of international treaties including the main content specified in paragraph 2 to article 71 of the law;
b) with respect to specific international treaties about ODA, ODA projects program (except ODA budget support), the plan of implementation of the international treaties including the plan of implementation of the program, ODA projects are specified in international treaties or annexes of the international treaties that other measures, in order to implement international treaties which (if any);
c) with respect to specific international treaties about the ODA budget to support the implementation of international treaties was the program's policy framework was approved by the competent authority, the conditions of disbursement or repayment terms are stipulated in international treaties or annexes of the international treaties.
2. The order of the Government procedures, on the interpretation, execution or termination of the validity of international treaties specifically about ODA 2.1. In the process of implementing international treaties specifically about ODA, if any issue relating to the interpretation, execution or termination of the validity of international treaties on ODA, the timely reporting of Project Server Administration.
The case of the governing body is not the Agency proposed the Government on the signing of international treaties on ODA the provisions of article 21 of the Statute, the governing body announced, in cooperation with the Agency proposed to the proposed government bodies about the interpretation, execution or termination of the validity of international treaties specifically on ODA.
2.2. Pursuant to the request of Vietnam party or parties, the proposed agency is responsible for: a) The Government about the interpretation of international treaties according to the prescribed procedures, sequences from 74 to 78 Articles of the law;
b) process of the Government on the suspension or termination of the validity of international treaties regarding ODA according to the procedures specified in article 94 and article 95 of the Act.
3. Order the procedure about the amendment, addition, extension of specific international treaties about ODA 3.1. The case arises change requests about specific treaties on the ODA defined in art. 1 article 31 of the regulation, the owners of ODA projects in time to send the report the governing body about the modified request, additional international treaties specifically about ODA (including the Appendix of that international treaties) or specific international treaties regarding ODA.
The case of the governing body is not the Agency proposed the Government on the signing of international treaties specifically about ODA prescribed in article 21 of the Statute, the governing body announced, in cooperation with the Agency proposed to the Government of the proposed agency.
3.2. the proposed agency has the Government on the signing of international treaties specifically about the ODA is responsible for submitting to the Government about the amendment, addition or renewal of international treaties which according to the order, the procedure is as follows: a) the case of the amendment, addition, extension specific treaties on ODA is done through Exchange mail the diplomatic functions, then the procedures the Government on the amendment, addition or renewal of international treaties which are made pursuant to article 80 of 83 Articles from the law.
The foreign and domestic announcements about the amendment, addition, extension of international treaties which are made according to the provisions in section 4 of this part.
b) case should sign new treaties about the amendment, addition, extension specific treaties on ODA, the Agency proposed the Government according to the procedures specified in section 4 of part II of this circular.
To base the decision of authorized State agencies about the amendment, addition, extension specific treaties on ODA, the agency coordinated with the proposed governing body (the case of the governing body is not the proposed agency) celebrated the signing of new treaties on the amendments , addition or renewal of specific treaties on ODA and Foreign Ministry sent the text of the new international treaty is signed.
4. Notice of the interpretation, the repair, addition, extension, temporary suspension of execution, terminate the validity of international treaties about ODA

4.1. The Foreign Ministry to notify donors and relevant organizations, organs as defined in articles 79, 84 and 96 of the Act after receiving the written decision of the competent State bodies about the interpretation, modification, addition, extension, temporary suspension of execution , the termination of the validity of international treaties regarding ODA, except that other authorization decisions.
4.2. where the proposed agency or governing body of the notice of sponsors on the interpretation, modification, addition, extension, temporary suspension of execution, terminate the validity of international treaties on ODA, the body that is responsible for sending the notice to the Foreign Ministry within a period not exceeding five (5) working days from the date of the notice of sponsors.
4.3. where international treaties about ODA termination effect or validity period ends according to the provisions of international treaties or agreements with sponsors, the proposed agency to promptly inform the Foreign Ministry about the termination date or the end date period and the related information (specified in section 4.4 of this section) on the the effect of the status of international treaties.
With respect to specific international treaties about ODA, the governing body when it sent the Ministry of planning and investment reported the end of the program, the ODA project (as defined in Article 36 paragraph 1 d of the regulation) shall simultaneously submit that report to the Ministry of Foreign Affairs, accompanied by information about the status effect (specified in section 4.4 of this section) of the international treaties that , at the latest 6 months after the end of the program, that project.
4.4. information on the status of the international treaties on the ODA includes: a) the effective date and duration of the validity of international treaties regarding ODA, including the duration of the program, the ODA project in international treaties which, accompanied by a copy of the notice of the relevant sponsor (if any);
b) on the modified contents, and complemented with respect to international treaties on ODA (including appendix); the date and time limit extension, termination date, the end date of the validity of international treaties (including the extension, end the program, ODA projects in international treaties): attach a copy of the decision of the competent authority of the party concerned and informed Vietnam of the sponsor (if any).
5. annual report on agency implementation of the international treaties on ODA 5.1. Governing body when it sent the Ministry of planning and investment reported the implementation of ODA projects, program as specified in point c paragraph 1 to article 36 of the Statute shall simultaneously submit that report to the Ministry of Foreign Affairs, attach information (specified in section 4.4 of this section) about the status of specific international treaties on ODA for the program , that project.
5.2. The Ministry of planning and investment when the Prime Minister to report annually on the State of management, implement programs, ODA projects as defined in paragraph 9 to article 39 of the Statute shall simultaneously submit that report to the Ministry of Foreign Affairs to put on the annual report on the situation to sign , joining and implementing international treaties in accordance with the law.
Part IV IMPLEMENTATION 1. This circular effect after fifteen (15) days from the date The report.
2. During the implementation of this circular, if there are problems, the proposed agency, body, bodies, relevant organizations timely notice about the Foreign Ministry to coordinate the handling of./.