The DECREE on the management and use of which official development assistance (ODA) and preferential loans of foreign donors _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law June 19, 2015;
Pursuant to the law on State budget on June 25, 2015;
Pursuant to the law signing, joining and implementing international treaties on June 14, 2005;
Pursuant to the law on public debt management, June 17, 2009;
Pursuant to the law of bidding on November 26, 2013;
Pursuant to the law on public investment 18 June 2014;
Pursuant to the law on building 18, 2014;
Pursuant to the law on investment on November 26, 2014;
According to the recommendation of the Minister of planning and investment, the Government issued the Decree on the management and use of which official development assistance (ODA) and preferential loans of foreign donors.
Chapter I GENERAL PROVISIONS article 1. Scope of this Decree, the provisions on the management and use of which official development assistance (ODA) and preferential loans of foreign Governments, international organizations, intergovernmental organization or international organization, the Government authorized foreign Government (hereinafter referred to as foreign donors) provide to the State or the Government of the Democratic Republic meaning Vietnam.
Article 2. The object of this Decree apply apply to agencies, organizations, individuals involved in or related to operations management and use of ODA, concessional loans of foreign donors, the Vietnam's reciprocal capital.
Article 3. Explanation of terms In this Decree, the terms below are interpreted as follows: 1. The Steering Committee program, projects using ODA, concessional loans (hereinafter called the "Committee") is an organization established by the governing body of the program, projects using ODA, concessional loans (hereinafter referred to as "program project "), with the participation of representatives of relevant agencies to direct, coordinate, monitor implementation of programs and projects. In some cases necessary, on the basis of agreements with foreign donors, the Steering Committee may include representatives of foreign donors.
2. Management of the programme, projects using ODA, concessional loans (hereinafter referred to as the "project management") is an organization founded with the mission to help project managers perform one or a number of programs and projects.
3. The report proposed program investment undertakings, projects using ODA, concessional loans (hereinafter referred to as "the report proposes investment undertakings") as the report suggested the investment policy prescribed in the law on public investment was established for the program, projects using ODA preferential loans, except for important national project and A group project using ODA, concessional loans, as the basis for authority decisions undertakings investment program, project.
4. feasibility research report projects using ODA, concessional loans (hereinafter the "feasibility study report") is the feasibility research report prescribed in the law on public investment was set for important national project and A group project using ODA , loan incentives, as the basis for authority decisions undertakings for investment projects.
5. The program is a collection of activities, projects using ODA, concessional loans are related to each other and can relate to one or more departments, sectors, regions, many different entities in order to achieve one or more objectives identified, is made in one or more stages.
6. the attached policy framework program is the program that the ODA disbursement conditions, preferential loans of foreign donors tied to the commitment of the Government of Vietnam on the construction and implementation of the policy, institutional, solution of social-economic development according to the scale and implementation roadmap was agreed between the parties.
7. The program, the project is the umbrella program, project which has a governing role agency programs and projects, done general coordination function and the other governing body participation in the management, implementation and the beneficiary of the project components in programs and projects.
8. The program, regional, global project (hereinafter referred to as "program, the regional project") is the program, projects are funded on a global scale or for a group of countries in a region or multiple regions to implement cooperation activities in order to achieve the objectives identified for the benefit of the parties involved and the overall benefits of the area or worldwide. Vietnam's participation in the program, this project could under two forms: a) participated in one or several activities have been foreign donors designs available in the program, the project area;
b) make funding for Vietnam to prepare and implement programs and projects in the framework of the program, the project area.
9. industry outreach program is the program to use ODA, concessional loans under which foreign donors based on program development of an industry, a sector to support a synchronous way, ensure sustainable development, the efficiency of the industry and field.
10. The governing body of the program, projects using ODA, concessional loans (hereinafter referred to as the "governing body") is the central body of the political organization, the Supreme People's Procuratorate, the Supreme People's Court, part of Parliament, the State Auditor, the Office of the President Ministerial agencies, ministries, and agencies directly under the Government, the people's Committee, the central cities (hereafter referred to as "the Committee"), the Central Agency of the Vietnam Fatherland Front and the Organization's social-political, social-political organizations, social organizations-professional programs projects using ODA, concessional loans.
11. The host program, projects using ODA, concessional loans (the owner for the program, project, project owners for programs, projects and technical support-the following referred to as "the project") is the governing body responsible for traffic management, using ODA preferential loans, reciprocal capital, to implement programs and projects.
12. the financial mechanism in the country to apply for the program, projects using ODA, concessional loans (hereinafter referred to as "the financial mechanism in the water") is the regulation on the use of ODA, concessional loans from the State budget for programs, projects, including: a) allocate entire;
b) loans back part with specific back lending rate;
c) whole loans.
13. The project is the set of proposed use of ODA, concessional loans, reciprocal capital of Vietnam are related to each other in order to achieve a certain goal or a number, are made on specific geographical areas, in the period of time defined and based on identified resources. Based on the project properties are classified into investment projects and technical assistance projects.
14. Investment project is the project to conduct investment activities on specific areas, within the time period specified. Based on the nature, the project consists of two categories: a) investment projects construction components is a new construction investment projects, expand, upgrade or renovate these buildings for the purpose of developing, maintaining, and improving the quality of works, products or services in a given time limit , include the purchase of assets, purchase of equipment;
b) investment projects without building component is investment property purchase, buy, repair, upgrading of equipment, machinery and other investment projects not specified in point a of this paragraph.
15. the technical support project is a project aiming to support policy research, institutional, professional, profession, or the human capacity to prepare the programme, other projects through activities such as providing domestic and international experts, training support, some of the equipment, materials and documents, surveys, seminars in and outside the country. Technical assistance projects including technical assistance projects using ODA non-refundable aid and technical assistance projects using ODA loans, preferential loans.
16. International treaties about ODA, concessional loans are about the content of international treaties relating to the reception, management and use of ODA, concessional loans, including: a) the international treaty framework on ODA, concessional loans are international treaties regarding the principles and framework conditions related to the strategy policy, framework, cooperation in the field, program, priority projects; compliant standards in the provision and use of ODA, concessional loans; commitment to ODA, concessional loans for a year or years and other content by agreement of the Contracting Party;
b) specific international treaties about ODA, concessional loans are international treaties on specific content related to the objectives, activities, time taken, results to be achieved; conditions of funding, capital, capital structure, financial conditions of the loan and the repayment schedule; management practices; obligations, responsibilities, powers of the parties in the management of the programme, projects using ODA, concessional loans and other content by agreement of the Contracting Party.
17. Budget support is the method of providing ODA, concessional loans, under which the support account was transferred directly into the State budget, to be administered, use consistent with regulations, procedures for the State budget in order to achieve its objectives on the basis of agreements with foreign donors.
18. The Bank serves the program, projects using ODA, concessional loans as commercial banks are State Bank of Vietnam to determine and announce the qualified made in foreign payment transactions with respect to ODA, loans and incentives agency chaired the negotiation of international treaties , agreement on ODA, concessional loan options to make foreign payment transactions of program, project.
19. Africa project is the method of providing ODA non-refundable aid in the form of individual grants, does not constitute a specific project, to be provided with money, goods, exhibits, activities, professional conferences, seminars, training, research, survey, training.

20. Decisions undertakings investing programs, projects using ODA, concessional loans (hereinafter referred to as "the decision of investment undertakings") is the text of the decision of the authorized investment programs, advocates of the project, including the main contents: program name, project and donor , co-financing; the name of the governing body; objectives and results primarily; time and location; capital limits; domestic financing mechanisms and methods for the loan; the works done before (if any) as the basis for the governing body to coordinate with foreign donors built the program documents, projects, project.
21. The agreement on ODA, concessional loans is written agreement on ODA, concessional loans were signed in the name of the State or on behalf of the Government of the Socialist Republic of Vietnam, not international treaties.
22. the program documents, projects using ODA, concessional loans (hereinafter referred to as "program documents, the project") is the document presented the context, the need, objectives, content, activities, results, primarily economic, social, environmental, total capital, capital structure and resources, other resources the financial mechanism, in the water, the method of funding the project or disbursed through the State budget, the method of borrowing through commercial banks or loan directly from the State budget, form the governing body of the programme, projects. Program documents, the project includes: documents program, technical assistance projects and programs, investment projects (feasibility study report).
23. ODA, concessional loans as capital of foreign donors to provide for the State or the Government of the Socialist Republic of Vietnam to support development, ensuring social security and welfare, including: a) ODA non-refundable aid is the type of ODA is not refunded to donors;
b) ODA loans are types of ODA must be repaid to the foreign donors with preferential interest rate, grace period and repayment time, ensure non-refundable elements reached at least 35% for loans are binding and only 25% of loans are non-binding. The method of calculating the factor non-refundable stated in annex I of this Decree;
c) preferential loan is the loan types have a higher preference level than commercial loans, but the elements are not refundable not yet standards of ODA loans are specified in point b of this paragraph.
24. ODA, concessional loan terms are not binding ODA, concessional loans are not accompanied by binding provisions related to the procurement of goods and services from the donor country or group of countries specified by foreign donors.
25. ODA, concessional loans are binding is ODA loans, account preferences with binding provisions relating to goods and services from the donor country or group of countries specified by foreign donors.
26. Which is the Vietnam contribution account (in-kind or cash) in the program, projects using ODA, concessional loans in order to prepare and implement a program, project, deployed from the source to the central budget, local budget, home the self project layout, the capital contribution of beneficiaries and the other lawful capital sources.
Article 4. The method of providing ODA, concessional loan of 1. The method of providing ODA, concessional loans are: a) program;
b) project;
c) budget support;
d) Africa project.
2. The program, projects using ODA, concessional loans are classified according to the regulations on the classification of public investment projects in article 6 of the law on public investment.
Article 5. Priority areas using ODA, concessional loan of 1. Support the implementation of the program of infrastructure projects, the economy and society.
2. research support policy formulation for socio-economic development and strengthen the institutions of governance.
3. Support the development of human resources; Scientific research and technological development.
4. support environmental protection, to deal with climate change and green growth.
5. Use as a source of investment capital to join the project in the form of public private partnership (PPP).
6. other priority areas as determined by the Prime Minister.
Article 6. The principle use of ODA, concessional loans, reciprocal capital 1. ODA non-refundable aid to be used to implement programs and projects to support policy formulation, institutional development, strengthening human capacities; live support to improve the economic life, culture, society, the environment for the people, especially the poor in the rural, mountainous region of minorities; development of health, education, scientific research, technology, innovation; prepare the program, projects using ODA loans, preferential loans and investment projects in the form of public private partnership (PPP).
2. ODA loans are used to prepare and execute the program, the project is not likely to recover the capital directly; the program, projects on the task of the State budget has the ability to generate revenue to serve socio-economic benefits.
3. preferential loans are used to implement the program, the project has the ability to recover the funds.
4. The borrower according to the method specified suppliers, contractors of foreign sponsors apply to: support loan to solve urgent problems of natural disaster, catastrophe, security, defence, energy security; Where the project proven commodities, equipment of foreign sponsors had the advantage of superior technology, prices; The other specific circumstances by decision of the Prime Minister.
5. The use of ODA, concessional loans for other cases follow the decision of the Prime Minister.
6. Which were priorities for the program layout, projects using ODA, concessional loans in the State budget was allocated the whole from the public investment plan 5-year medium term investment plan and the annual work according to the schedule stipulated in international treaties , agreement on ODA, concessional loans for programs, projects and actual disbursements of this capital in the implementation process.
Article 7. Basic principles in the governance of ODA, concessional loan of 1. ODA, concessional loans are funding in the State budget is used to implement the objectives of socio-economic development of the country and are reflected in the State budget according to the provisions of the law.
2. Government systems for the governance of ODA, concessional loans on the basis of ensuring the effective use of capital and the ability to repay, devolved responsibilities attached, powers, management capacity of ministries, local; ensure the coordination, monitoring, and management reviews of the relevant authorities in accordance with applicable law.
3. Ensure public transparency and accountability highly on policy, procedures, process, management and use of ODA, concessional loans between sectors, and between local areas, the implementation and the results of using ODA, concessional loans.
4. Prevention of corruption, loss, waste management and in the use of ODA, concessional loans, prevent and treat this behavior as specified by law.
Article 8. The principle applies to domestic financial mechanisms for programs, projects using ODA, concessional loan of 1. The entire allocation from the State budget to be applied to programs, investment projects in infrastructure, social welfare or other areas not likely to recover capital directly belonging to the mission branch of the central budget, allocations support part, lending a section with specific back lending rate loan of ODA for the program the project, in the task of the local budget according to the provisions of the law.
2. provincial people's Committee, the entire loans for preferred loan projects in the task of the local budget and ODA loans, preferential loans mobilized as part of local contribution in public private partnership project (PPP).
3. The project has the ability to recover the whole or part of the capital: loans from the State budget according to the provisions of the current law.
Article 9. Private sector outreach and use of ODA, concessional loan of 1. Consistent with the policy of providing ODA, concessional loans of foreign donors, the private sector is approaching and using ODA, concessional loans.
2. Form accessibility and use of ODA, concessional loans to the private sector include: a) to access and use the ODA, concessional loans within the framework of the credit limit for loans to financial institutions, domestic credit to implement the activities consistent with international treaties , agreement on ODA, concessional loans and lending process compliance of financial institutions, credit;
b) access and use of ODA, concessional loans that the Government used the State's capital participation in investment projects in the form of public private partnership (PPP) according to the current provisions of the law on public private partnerships and international treaties specifically about ODA , preferential loans;
c) approach and the use of ODA, concessional loans in the form of the loan back through the commercial banking system by the method of commercial banks bear the whole risk;
d) approach and the use of ODA, concessional loans through the participation programme, the project supports private sector of the governing body.
Article 10. Management processes and the use of ODA, concessional loan of 1. Management processes and the use of ODA, concessional loans for programs and projects include: a) mobilize ODA, concessional loans;
b), due diligence, investment policy decision of programs and projects;
c), due diligence, investment decisions, program projects;
d) signing international treaties, agreement on ODA, concessional loans;
DD) manage the implementation of programs and projects;
e) completed, transfer the results of program, project.
2. process management and the use of ODA, concessional loans for Africa project, budget support as process management and the use of ODA, concessional loan for the program, the project provided for in paragraph 1 of this article, unless otherwise specified in this Decree.
Article 11. Mobilizing ODA, concessional loans

1. The work to mobilize ODA, concessional loans are made through development policy dialogue with foreign donors based on the strategy of socio-economic development for 10 years; Long-term strategy on public debt and public debt management program in the medium term; ODA loan limit, the preferential loans annually and medium term 5 years; Oriented to attract ODA, concessional loans; Economic development plan – 5 year social and development plan of the country, of the ministries, and local areas; The loan plan and pay foreign debt annually are approved by the authority.
2. Ministry of planning and investment, coordinated with relevant agencies and foreign donors to the Conference and the Forum campaigning ODA, concessional loans, and interdisciplinary areas.
3. Ministries and local base strategy, planning, development plans and the need for ODA, concessional loans, the ability to organize, the ability, the resources deployed, in coordination with the Ministry of planning and investment, relevant agencies and foreign donors to actively organize Conference or Forum mobilization ODA preferential loans, grants, local branches.
4. the specific conditions and base are permitted by the competent authority, the Ministry of industry, can organize Group partnerships on specific areas for collaboration, sharing of information, knowledge, experience, development and mutual support between foreign donors, avoid duplication, contributing to enhancing the effective use of ODA , loan incentives.
5. Vietnam's representative offices in foreign countries or representatives of international organizations in Vietnam in collaboration with the Ministry of planning and investment conducted mobilization ODA, concessional loans in the receiving water body, or in an international organization.
Chapter II ESTABLISHMENT, due diligence, INVESTMENT POLICY DECISION of PROGRAM, project article 12. Jurisdiction to decide the investment policy program, project 1. Jurisdiction to decide the investment policy of the national target program, national key projects using ODA, concessional loans made under the provisions of article 17 paragraph 1 of the law on public investment.
2. The authority to decide the investment policy of the target program using ODA, concessional loans made under the provisions of clause 2 article 17 of the law on public investment.
3. Prime the decision advocates the investment program, projects using ODA, concessional loans in cases not specified in clause 1, 2 of this article, including: a) programs, projects using ODA loans, preferential loans;
b) program, project, projects using ODA aid is not refundable in the following cases: programs, projects of the Group A and Group B; the program, the umbrella project; the program, project, project attached policy framework; the program, project, the pilot project in the field of security, defense, religion; outreach programs by industry; technical assistance project prepared programs, ODA loan projects, preferential loans; technical assistance projects have equivalent funding scale from 2 million u.s. dollars; shopping aid goods in an must be Prime; Vietnam's participation in the program, the project area;
c) budget support.
4. The head of governing body decisions undertakings investment program, project, project pilot for the cases not specified in clause 1, 2, and 3 of this article.
Article 13. The order, the proposed procedures and a suggested selection program, projects using ODA, concessional loan of 1. The construction of the proposed program, projects using ODA, concessional loans are made under the provisions of clause 1, article 24 of the law on investment of 2. The proposed program, sample projects using ODA, concessional loan provisions in annex II of this Decree.
2. The criteria for selection proposed programs or projects using ODA, concessional loans: a) fit with strategy, planning, planning of socio-economic development, the medium term investment plan and every year has been approved by the authority; orientation, policy priorities provide ODA, concessional loans of foreign sponsors;
b) ensuring socio-economic efficiency, environment and sustainable development;
c) ensure economic sustainability;
d) match the ability to balance the ODA loans, preferential, reciprocal capital;
DD) fit with the ability to pay public debt, government debt and the debt of local government (for programs, projects using ODA loans, preferential loan);
e) does not overlap with the program, the project had to decide the investment policy or had decided to invest.
3. The sequence proposed selection procedure, program, project, and reported to the governing body established the feasibility study report or report of investment undertakings proposed are as follows: a) for programs, projects using ODA capital of non-refundable aid decisions undertakings under the authority of the Prime Minister : Ministry of planning and investment to host, in cooperation with the relevant agencies in the proposed program, selection of projects fit under the criteria specified in paragraph 2 of this Article and notified in writing to the governing body recommending the program selected projects, to prepare feasibility study report or report of proposed investment undertakings;
b) for programs, projects using ODA loans, preferential loan: Ministry of planning and investment, Ministry of finance, in cooperation with the relevant agencies in the proposed program, the selection of projects fit under the criteria specified in paragraph 2 of this article, the prime consideration the decision; The Ministry of planning and investment announced in writing to the governing body the decision of the Prime Minister about the proposed program, the project was allowed to prepare feasibility study report or report of proposed investment undertakings.
4. In the course of preparing the program, project, the governing body has the responsibility to report the Ministry of planning and investment, Ministry of finance and the relevant agencies on the progress, obstacles to the Ministry of planning and investment to host, in cooperation with the Finance Ministry and relevant agencies to promptly handle before the competent investment policy decisions.
Article 14. Order and procedure of decision investment undertakings national target program, national key projects, the program aims to use ODA, concessional loan of 1. Order and procedure of decision investment undertakings national target program, national key projects using ODA, concessional loans made under the provisions of Articles 19, 20 and 21 of the law on public investment. The report proposes investment undertakings, the feasibility research report according to the form prescribed in Annex IIIa and IIIb of this Decree.
2. The procedures the decision advocates the investment program aims to use ODA, concessional loans made under the provisions of article 22 of the law on public investment. The report proposes investment undertakings according to the form prescribed in Annex IIIa of this Decree.
Article 15. The sequences, procedures the decision advocates the project investment group A use of ODA, concessional loan of 1. The head of the governing body is responsible for: a) the base article 13 paragraph 3 of this Decree, the subdivisions created feasibility research report according to the form prescribed in Annex IIIb of this Decree;
b) subdivisions that function evaluation or established the Council to appraise feasibility research report, the ODA loans, incentives, capital and the ability to balance this capital;
c) directs the units specified in point a of this paragraph the base assessment results, improve feasibility research report before submission to the Prime Minister.
2. The Chairman of the provincial people's Committee has the responsibility: a) the base article 13 paragraph 3 of this Decree, the subdivisions created feasibility research report as specified in Annex IIIb of this Decree;
b) established authority by a Vice Chairman of the provincial people's Committee Chairman, Department of planning and investment appraisals Council and the departments concerned are the members to assess feasibility research report, the ODA loans, incentives, capital and the ability to balance this capital;
c) directs the units specified in point a of this paragraph the base assessment opinion specified in point b of this paragraph, complete feasibility study report, the people's Committee report;
d) The provincial people's Council for comments before the Committee of the provincial people's Government.
3. The Prime Minister decided to establish interdisciplinary assessment Council or an agency chaired evaluation feasibility study report on the basis of the proposal of the Ministry of planning and investment.
4. Ministry of planning and investment, Ministry of finance, the State Bank of Vietnam (capital of the World Bank, the Asian Development Bank, organized the international monetary financial and other international banks that the State Bank of Vietnam do represent) evaluation of ODA preferential loans, reciprocal capital, ability to balance the capital sent the interdisciplinary evaluation board or agency chaired the evaluation provided for in paragraph 3 of this article. The Ministry of finance, in cooperation with the Ministry of planning and investment and the relevant agency comments on the financial mechanism in the country, lending method sends the interdisciplinary evaluation board or agency chaired the evaluation provided for in paragraph 3 of this article.
5. the interdisciplinary evaluation board or agency chaired the evaluation provided for in paragraph 3 of this article to send comments evaluation to governing body complete feasibility study reports the Prime Minister.
6. The Prime Minister consider investment policy decisions.
Article 16. Order and procedure of the decision advocates the investment program, project, Africa projects using ODA, concessional loans under the authority of the Prime Minister, except for the project group A 1. Pursuant article 13 paragraph 3 of this Decree, the governing body established the report proposes investment undertakings according to the Model in annex IIIc, Appendix IV of this Decree.
2. The governing body has the dispatch report proposes investment undertakings send the Ministry of planning and investment appraisals.

3. Ministry of planning and investment, Ministry of finance, the State Bank of Vietnam (capital of the World Bank, the Asian Development Bank, organized the international monetary financial and other international banks that the State Bank of Vietnam do represent) evaluation of ODA preferential loans, equity, and the ability to balance this capital; opinions of the relevant authorities about the report proposes investment undertakings. The Ministry of finance, in cooperation with the Ministry of planning and investment and the relevant agency comments on the financial mechanism for the program, project, and project lending.
4. valuation opinion base funding and the ability to balance capital, the opinions of the relevant agency, the opinion of the Ministry of Finance on financial mechanisms for project, program, and project lending method, the Ministry of planning and investment, chaired the evaluation report suggested investment undertakings through the Conference evaluation or opinions of appraisal of relevant bodies depending on the scale, nature and content of the program, project, the pilot project.
5. results evaluation bases, the Ministry of planning and investment has a dispatch report results evaluation of the Prime Minister.
6. The Prime Minister consider investment policy decisions.
Article 17. Order and procedure of the decision advocates the investment program, project, Africa projects using ODA capital of non-refundable aid under the authority of the head of the governing body 1. For programs, investment projects: a) the base article 13 paragraph 3 of this Decree, the governing body established the report proposes investment undertakings according to the Model in annex IIIc of this Decree;
b) the governing body had the dispatch report proposes investment undertakings send opinions, Ministry of planning and investment, the Finance Ministry and relevant agencies on investment undertakings;
c) Ministry of planning and investment, Ministry of finance, the State Bank of Vietnam (capital of the World Bank, the Asian Development Bank, organized the international monetary financial and other international banks that the State Bank of Vietnam do represent) ODA assessment non-refundable aid reciprocal capital, and the ability to balance this capital. The Ministry of finance, in cooperation with the Ministry of planning and investment and the relevant agency comments on domestic financing mechanisms for programmes, projects and loan method;
d) to base your opinion of the Agency, the opinion of the evaluation plan and investment of capital and capital balances capability, the opinion of the Ministry of Finance on financial mechanisms in the country apply for programs, projects and loan method, the Governing Body held the appraisal through the Conference forms the appraisal or valuation Report Poll reports suggest the investment policy of the relevant bodies depending on the scale, nature and content of the program, projects and investment policy decisions.
2. for the technical support project, Africa project: a) the base article 13 paragraph 3 of this Decree, the governing body established the report proposes investment undertakings according to the Model in annex IIIc, Appendix IV of this Decree;
b) the governing body had the dispatch report proposes investment undertakings send opinions, Ministry of planning and investment, the Finance Ministry and relevant agencies on investment undertakings;
c) Ministry of planning and investment, Ministry of finance, the State Bank of Vietnam (capital of the World Bank, the Asian Development Bank, organized the international monetary financial and other international banks that the State Bank of Vietnam do represent) ODA assessment non-refundable aid reciprocal capital, and the ability to balance this capital; domestic financing mechanisms for technical assistance projects, the pilot project;
d) to base your opinion of the Agency, the opinion of the evaluation plan and investment of capital and capital balances capability; domestic financial mechanism applicable to the technical support project, Africa project, the Governing Body considered the investment policy decisions.
Article 18. To join the program, the project area 1. The governing body have text sent the Ministry of planning and investment, accompanied by text, documents and programs, regional project, which stated the rights and obligations when participating. The Ministry of planning and investment to host, in cooperation with the relevant authorities the prime consideration, decided to join the program, advocates of the project area.
2. For cases not yet identified is the governing body of the programme, the project area, the Ministry of planning and investment to host, in cooperation with the relevant authorities the prime consideration, decided the Vietnam engagement and the governing body of the programme, that project.
3. in case of foreign donors providing ODA, concessional loans for the construction and implementation of programs and projects within the framework of the regional project, program, program types, base project, the governing body made the order and procedures of decision investment undertakings as defined in article 14 , 15, 16 and 17 of this Decree.
Article 19. The works done before the governing body made the works made before in the stage of preparing the programme, projects, including: 1. After the investment undertakings is competent to decide, the governing body proposed unit delivery program, project: a) the construction and the authority approving the resettlement policy framework in the assessment process program documents, projects and investment decisions;
b) contractor selection planning; establishment concerned, applicants, tender, records requested.
2. Since the programme, projects are competent investment decision until the specific treaties, agreement on ODA, concessional loan program, the project's effect, governing body conducted the following activities: a) the evaluation and approval of the contractor selection plan , viewed, selected, tender, records request, organization and contractor selection appraisal, approval of contractor selection result, negotiations, finalizing contracts for the procurement of goods and package building for activities implemented in the first 12 months of the program project, and some of the package (project management, technical consulting, design, supervision, advice on relocation, environmental and social);
b) contract shops of goods, construction and consultant of the packages specified in point a of this paragraph was signed only after specific treaties, agreement on ODA, concessional loan program, the project's effect.
3. Capital to implement the activities performed by Project Server deployed from the capital project preparation or advance and be retroactive payments from capital projects on the basis of prior foreign sponsors.
Article 20. The main content of the decision on investment decisions undertakings investment undertakings include the following: 1. The name of the program, and project sponsors, co-sponsors.
2. The name of the governing body.
3. objective and results of program, project.
4. time and place of execution of programs and projects.
5. capital limit of program, project (non-refundable aid, ODA, ODA loans, preferential loans, reciprocal capital).
6. domestic financial mechanisms and loan-back method for programs and projects.
7. The activities undertaken before.
Article 21. Adjust content to decide the investment policy in the process of implementing the decision advocates the investment, if the program renewal project, not exceeding 6 months in comparison with the time limit specified in the decision of investment undertakings do not have to adjust the investment policy decisions. Adjusting the duration of the programme, projects from 6 months or older and the other contents of the investment policy decision as follows: 1. for decisions undertakings investing national target programs, the national important projects, program objectives, the project group A : a) the governing body had the Ministry of planning and investment, the Finance Ministry and relevant agencies about changes in comparison with the content of the decision advocates the investment;
b) Ministry of planning and investment to host, in cooperation with the Finance Ministry and relevant agencies to consider and Exchange, consistent with the foreign sponsors of the changes concerned;
c) on the basis of the opinion of the Ministry of planning and investment, the Finance Ministry and relevant agencies, governing body the Prime content changes compared to the content of the decisions undertakings investing to Prime the decision or the decision by the authorized by the authority.
2. for decisions undertakings investment program, project decisions undertakings under the authority of the Prime Minister, except for A group project: a) the governing body had the Ministry of planning and investment, the Finance Ministry and relevant agencies about changes in comparison with the content of the decision advocates the investment;
b) on the basis of the text of the governing body and the opinions of the relevant agency as defined in point a of this paragraph, the Ministry of planning and investment to host, in cooperation with the Ministry of finance review, Exchange, consistent with foreign sponsors of the changes involved the Prime Minister for the decision or the decision by the authorized by the authority in case of changing the lead to cross the Prime jurisdiction.
3. for decisions undertakings investment program, in projects the authority to decide the investment policy of the head of the governing body: a) the governing body had the Ministry of planning and investment, the Finance Ministry and relevant agencies to take comments on the content of the change compared with the content of the decision advocates the investment;
b) on the basis of the opinion of the Agency as defined in point a of this paragraph, the governing body work and consistently with foreign donors to adjust content decisions undertakings investment;
c) in the case of content changes compared to the content of the decision leading to investment undertakings beyond the authority governing body, the governing body made according to the provisions in clause 1, 2 of this Thing.
Chapter III ESTABLISHMENT, due diligence, INVESTMENT DECISIONS PROGRAM, project Article 22. Duties of governing body in the preparation, evaluation, program investment decisions, project

After you have decided the investment guidelines, the governing body has the following duties: 1. the decision on project owners and project coordination with foreign donors set the program documents, project.
2. Layout the resources according to the authority for the establishment of the assessment documents, programs, and projects.
3. organizations assess, approve documents program, project and program investment decisions, according to the project authority; the assessment authority, approval documents program, project and program investment decisions, project.
Article 23. The task of the master project in the making, due diligence, investment decisions program, project 1. In cooperation with foreign donors set up project, program texts according to the content of the provisions of article 26 of this Decree.
2. Prepare the evaluation documents program, the project according to the provisions of article 28 of this Decree governing body reports.
Article 24. Which prepared the program, project 1. Investment policy decision is the basis for planning and layout preparation programs, capital projects. Preparation programs, capital projects include the following costs: a) the cost of research, investigations, surveys, collect, analyze and synthesize data;
b) costs, improve program documents, projects, including the cost of hiring consultants and translation costs;
c) cost evaluation documents program, project;
d) costs of training, the capacity for core staff on program management, project;
DD) costs for these activities are permitted on the basis of the decision of investment undertakings prescribed in clause 7 article 20 of this Decree. The funds prescribed in paragraph 3 article 19 of this Decree.
2. With respect to the program, the project is allocated entirely from the State budget: master planning project which prepared the programme, projects to synthesize into general budget plan of governing body. The approval process, the allocation of capital to prepare the programme, the project made under the provisions of the law on the State budget.
The case for capital planning point preparation program, the project does not coincide with the annual budget plan, governing body balance itself in the total capital to prepare the programme, the project has been allocated; in no case is this capital itself, the governing body has the text sent the Ministry of planning and investment, Ministry of finance require consideration, decided by the authority or the authorized report decided the additional budget.
3. With respect to the program, the entire loans projects or part from the State budget: home the self project layout preparation programs, capital projects. In no case is this capital project owners, the governing body reviewed, resolved in accordance with the law.
4. In the case of foreign donor support to prepare the program, project, project owners are responsible for reporting to the governing body, approved according to the current rules and take on capital plan preparation program, annual project of the governing body.
Article 25. The authority to approve documents program, project and program investment decisions, project 1. The Prime Minister approved program documents, projects and programs of investment decisions, the following projects: a) the national target program, national key project was the National Assembly decided to investment undertakings;
b) program objectives the Government investment policy decisions;
c) accompanying program policy framework; the program, projects in the fields of security, defense, religion has been the decision of investment undertakings.
2. The head of the governing body approved the text of the program, project and program investment decisions, projects for the cases not specified in clause 1 of this article.
Article 26. The independent evaluators, program investment decisions, project 1. The independent appraisal, investment decision national target program using ODA, concessional loans made under the provisions of article 41 of the law on public investment.
2. The independent evaluation of the investment decision, the program aims to use ODA, concessional loans made under the provisions of article 42 of the law on public investment.
3. The independent evaluation, investment decisions of national important projects using ODA, concessional loans made under the provisions of paragraph 1 to article 44 of the law on public investment.
4. The independent evaluation, program investment decisions, the investment projects using ODA, concessional loans have made building component under the provisions of the law on construction and other related laws, except for important national projects.
5. The independent evaluation of the investment decisions, programs, other projects using ODA, concessional loans under the authority of the Prime Minister: a) after decision to investment undertakings, the owner of the project in cooperation with foreign donors set the program documents, projects, reports the governing body;
b) the governing body has attached text document program, projects submitted opinions of the Ministry of planning and investment program, project (ODA, concessional loans, reciprocal capital), the opinion of the Ministry of Finance on financial mechanisms in the country apply for programs, projects and other agencies ' opinions about the relevant content;
c) on the basis of the opinion of the authority, the governing body delegated server complete project documents, project, program file program text, assessment project;
d) governing body sent the Ministry of planning and investment the evaluation record sheet of the included program documents, project proposal evaluation;
DD) Ministry of planning and investment to send the text of opinions the Agency's assessment of the relevant content. Within the program, the project assessment specified in article 30 of this Decree, the Ministry of planning and investment held evaluation documents program, project through the Conference forms the appraisal or valuation opinions of relevant bodies depending on the scale , the nature and content of the program, projects;
e) Ministry of planning and investment has a dispatch report results evaluation process of the prime consideration, approval documents program, project and program investment decisions, project.
6. The independent evaluation, program investment decisions, the investment project under the authority of the head of the governing body: a) after decision to investment undertakings, the owner of the project in cooperation with foreign donors set the program documents, project report governing body to assess;
b) governing body text send get comments evaluation of the Ministry of planning and investment of capital and the ability to balance capital for the program, project (ODA, concessional loans, reciprocal capital), the opinion of the Ministry of Finance on financial mechanisms in the country to apply for the program project, and other agencies about the relevant content;
c) on the basis of the opinion of the authority, the governing body delegated server complete project documents, project, program file, program evaluation project to assess;
d) governing body held evaluation documents program, project through the Conference forms the appraisal or valuation opinions of relevant bodies depending on the scale, nature and content of the program, projects;
DD) based reporting assessment results, the governing body approved the text of the program, project and program investment decisions, project.
7. The independent evaluation of project investment decision support using ODA, concessional loans: a) for technical assistance projects of the investment decision under the authority of the Prime Minister specified in article 25 of this decree or shopping aid goods must be the Prime allows according to the current rules the law: the governing body conducted the evaluation process as specified in clause 5 of this article, your prime consideration and approval of project documents and investment decisions;
b) for the other technical assistance projects: governing body didn't diligence organization. The head of the governing body based on the investment policy decision to approve project documents and investment decisions.
8. The independent evaluation of the investment decision, Africa project: a) for account Africa the project under the control of investment decisions the Prime Minister specified in article 25 of this Decree and aid stores the goods must be the Prime allows according to the current rules of the law : The governing body conducted the evaluation process as specified in clause 5 of this article, the prime consideration, approval documents account Africa project and investment decisions;
b) for the account of other projects: the African governing body didn't diligence organization. The head of the governing body based on the investment policy decision to approve documents Africa project and investment decisions.
9. With respect to the program, the entire loans projects or part from the State budget, the evaluation of the financial plan of the programme, project and financial capacity of the project made under the provisions of the law on public debt management, legal texts and other relevant guidelines of the Ministry of finance.
10. In the course of the evaluation, the Agency, the evaluator must consider the sequence, procedure and the progress of the evaluation of foreign donors to ensure the coordination and harmony needed, considering the content has agreements with foreign donors, the opinion of the evaluators of foreign sponsors or representatives of foreign donors.
11. The Agency, the evaluator is responsible for results evaluation documents program, project; the Agency participated in the evaluation is responsible for the content of the program, project documents relating to his duties, function in accordance with the law.
Article 27. Text content program, project 1. Program documents, the project is built on the basis of the content of the decision of investment undertakings.

2. the program documents, the project was created according to the form prescribed in this Decree, including: sample text no investment projects construction components (feasibility study report) referred to in annex V; Sample documents project has built components (feasibility study report) referred to in annex VI; Sample project documents the technical assistance referred to in annex VII; Model documents the program outlined in annex VIII; Sample documents program, the umbrella project outlined in annex IX; Sample documents stated in annex project pilot X. 3. When building the program, documents the project according to the model in annex V, VI, VII, VIII, IX and X, the owner of the project must take into account the content of the form of the foreign donor, ensuring the content of decisions undertakings investing and harmonization of processes, procedures between Vietnam and foreign donors.
Article 28. Records appraisal program documents, project profile proposal evaluation documents program, the project consists of: 1. the suggestion Sheet process evaluation documents program, a project of the governing body (for program documents, project approval authority of the Prime Minister) or by the project owner (for program documents the project, approved under the authority of the head of the governing body).
2. Decisions undertakings investment program, project.
3. the program documents, project.
4. in case the program, lending project in whole or in part from the State budget, the project owners submit proof of financial ability, repayment plans and other materials under the guidance of the Ministry of finance.
5. written comments of the Ministry of planning and investment, Ministry of finance, the agencies involved in the process of building the program documents, project.
6. documents related to the program, projects in a foreign language must be accompanied by Vietnamese translations.
Article 29. Content evaluation documents program, project 1. For investment projects the construction components: content appraisal documents the project made under the provisions of the current law on construction investment management.
2. for projects without building components: content appraisal project documents include: a) reviews of the need of the project including: The match (the context of investment undertakings and the need; the goal of the project compared to the requirements of the new policy change institutional improvement, management, executives, the demand for human capacity development; technology transfer, knowledge, management skills, operating at national, local and industry; the final product of the project; the beneficiary; the structure of project budget allocations);
b) reviews the factors that ensure the viability of the project, including: input elements; execution time; human resources participated in project implementation; probable risks and preventative measures;
c) rating factors ensuring efficiency, sustainability of projects, including: the ability to balance the resources (ODA, concessional loans, reciprocal capital); effectiveness and impact; the ability to maintain and promote the results of projects for the country, the governing body and the project;
d) general assessment of project documents content versus content decisions undertakings for investment and the relevant recommendations.
3. for the programme: the content evaluation documents program include: a) the content is similar to the provisions in paragraph 2 of this article, adding more content on computer links, coordination between sectors, sectors, localities and various other entities participated in the program in order to maximize the effectiveness and benefits of the parties involved;
b) for investment projects of building components in the framework of the program, content evaluation of project documents as defined in paragraph 1 of this article;
c) for investment projects without building component within the framework of the program, content evaluation of project documents as defined in paragraph 2 of this Article.
4. For programs, projects and project components: a) content investment project appraisal of construction components as specified in paragraph 1 of this article;
b) content investment project appraisal with no construction components as defined in paragraph 2 of this Article;
c) in addition to the content of the assessment specified in point a, b of this clause, the content evaluation documents program, the umbrella project should include: analysis and evaluation of the program structure, and project allocation (ODA, concessional loans, reciprocal capital) for the project component, the Organization form of project management middle of the management hierarchy, project management, project and program the component project management, coordination, monitoring and evaluation of the implementation of the project and the project components.
5. With regard to technical assistance project: content evaluation project documents include: a) reviews of the need and conformity with the policy of investment projects;
b) reviews the factors that ensure the viability of the project, including: input elements; execution time; the ability to balance the resources (ODA, concessional loans, reciprocal capital); human resources participated in project implementation; the products of the project; probable risks and preventative measures;
c) general assessment of project documents content versus content decisions undertakings for investment and the relevant recommendations.
6. for non account project: evaluation of non-text content to the project include: a) the evaluation of conformity of account non-project with investment policy decisions;
b) reviews factors warrant the feasibility of Africa project including: inputs; the ability to balance the resources (ODA, concessional loans, reciprocal capital); execution time; human resources participated in project implementation; probable risks and preventative measures.
Article 30. Time evaluation and decided the investment program, project 1. Time evaluation documents program, project from the date of receipt of a valid application: a) for the national target program, national key projects, the program target: no more than 90 days;
b) for A group of investment projects: not more than 30 days;
c) for investment projects in the Group B: not more than 30 days;
d) for investment projects in the Group C, technical assistance projects and programs, other projects: not to exceed 20 days.
2. within 10 working days of receiving the Agency's evaluation report, which was delivered by the authorized appraisal, review and approve documents program, project and program investment decisions, project.
3. within 5 working days from the date the authority issued the decision on investment program, project, governing body informing foreign donors and project investment decision about the program, project, and sent the Ministry of planning and investment, the Finance Ministry and relevant agencies to decide the investment program , project (original or certified copy) attached documents program, approved projects are stamped by the governing body to monitor and coordinate implementation.
Chapter IV the SIGNING of INTERNATIONAL TREATIES and AGREEMENTS on ODA, CONCESSIONAL LOAN category 1 SIGNED INTERNATIONAL TREATIES ABOUT ODA, CONCESSIONAL LOANS article 31. The basis of the proposed signing of international treaties regarding ODA, concessional loan of 1. The proposed facility signed international treaties framework on ODA, concessional loans are active results, strategy and policy development, and program areas, the priority project on the use of ODA, concessional loan was agreed between the authority of Vietnam and foreign donors.
2. Basis of the proposed signing of international treaties specifically about ODA, concessional loan is written program, the project has been approved and decided the investment program, project.
Article 32. The Agency proposed the signing of international treaties regarding ODA, concessional loan of 1. The Supreme People's Court, the Supreme People's Procuratorate, the State Audit, Ministry, ministerial-level agencies, government agency is the Agency proposed the Government on the signing of international treaties specifically about ODA non-refundable aid for the program, his agency projects except where the provisions of paragraph 3 of this article.
2. The Ministry of finance is the Government proposal on the signing of international treaties specifically on ODA loans, preferential loans, excluding loans to ODA, concessional loan stipulated in paragraph 3 of this article.
3. State Bank of Vietnam is the proposed process of the Government on the signing of international treaties specifically about ODA, concessional loan with the World Bank, the Asian Development Bank, the International Monetary Fund, organized the international monetary financial and other international banks that the State Bank of Vietnam as the representative.
4. Ministry of planning and investment is the proposed process of the Government on the signing of international treaties regarding ODA, concessional loans in the following cases: a framework on international treaties) ODA, concessional loans;
b) specific international treaties on the non-refundable aid of ODA capital for the program, the Agency's projects are not defined in paragraph 1 of this article, except for ODA grants Institute of the World Bank, the Asian Development Bank, the International Monetary Fund, organized the international monetary financial and other international banking regulations in paragraph 3 of this article.
Article 33. The order, signed procedure, to modify, Supplement and extension of international treaties regarding ODA, concessional loans, signing procedure sequence, amend, Supplement and extension of international treaties regarding ODA, concessional loans made under the provisions of the law on international treaties and the management of public debt.
Section 2 CONCLUSION of AGREEMENT on ODA, CONCESSIONAL LOAN of 34 Articles. The proposed facility signed agreement on ODA, concessional loan facility proposed the signing of agreement on ODA, concessional loans are international treaties about ODA, concessional loans (in the case of signing international treaties), program documents, the project has been approved and decided the investment program , project.
Article 35. The Agency proposed the signing of agreement on ODA, concessional loan of 1. The Supreme People's Court, the Supreme People's Procuratorate, the State Audit, Ministry, ministerial-level agencies, government agency is the Agency proposes the Prime Minister about the signing of the agreement on non-refundable aid of ODA capital for the program, his agency in the project, except in the case specified in paragraph 3 of this article.
2. The Ministry of finance is to propose the Prime Minister about the signing of the agreement on the ODA loans, preferential loans, except in the case prescribed in clause 3 of this article.

3. State Bank of Vietnam is the Agency proposes the Prime Minister about the signing of the agreement on ODA, concessional loan with the World Bank, the Asian Development Bank, the International Monetary Fund, organized the international monetary financial and other international banks that the State Bank of Vietnam as the representative.
4. Ministry of planning and investment is the Prime proponent of the signing of the agreement on non-refundable aid of ODA capital for the program, the Agency's projects are not defined in paragraph 1 of this article, except where the provisions of paragraph 3 of this article.
Article 36. The order, signed procedure, to modify, Supplement and extend agreement on ODA, concessional loan of 1. The order, signed procedure, to modify, Supplement and extend agreement on ODA, concessional loans signed in the name of the State to comply with the provisions of the law on international treaties and the management of public debt.
2. The order and procedure of signing, amending, supplementing and renew agreement on ODA loans, preferential loans on behalf of the Government made under the provisions of the law on the management of public debt.
3. The order and procedure of signing, amending, supplementing and renew agreement on ODA non-refundable aid on behalf of the Government as follows: a) is the Prime Agency Affairs chaired by active discussions and negotiations with foreign parties on draft agreement;
b) after reunification with foreign parties, the Agency chaired negotiations synthesizing the results of negotiations to simultaneously test the opinion of the Ministry of Foreign Affairs, the opinion of the evaluators. The Agency is responsible for opinion reply in writing within five working days from the date of receipt please comments;
c) Agency chaired negotiations to exchange with foreign parties to complete the draft agreement and the Prime Minister signing;
d) after the Prime Minister's decision to allow signed, heads chaired negotiations signed or authorized to sign agreements with foreign parties;
content case) the draft agreement similar to the agreement template or framework agreement was approved by the Prime Minister, the Agency chaired the talks Prime Minister decided the signing after talks and unify with foreign parties. For the other content with sample agreements or framework agreement was approved by the Prime Minister, the specific financial terms, financial mechanism outlined in the model agreement or framework agreement, the Agency chaired negotiations must report the Prime Minister for approval before signing;
e) with regard to the amendments and supplements to the agreement alters the commitment on ODA limit, the Agency chaired the Prime negotiators decided; in other cases, the Prime Minister chaired the agency authorized to negotiate and sign with foreign parties.
Chapter V MANAGEMENT of the PROGRAMME, the PROJECT Article 37. The form of the governing program, project-based scale, nature, condition-specific program implementation, the project, the Organization's capacity to manage the program, his unit's projects, the provisions regarding the governing ODA, concessional loans of foreign donors, who decided to adopt a decision in the form of organizational management program the following projects: 1. The establishment of project management professional, project management area to manage the program, project, project components in the same discipline or done on a geographical area.
2. Using the project management activities are to manage the program, the new project.
3. Project Management Board to manage a program, large scale projects, applying high technology related to security, Defense; the program, special projects or capital resources management model implemented need to established project management; the program, the project required the establishment of project management according to international treaties, agreement on ODA, concessional loans.
4. Project using specialised apparatus directly qualify, capacity management and project implementation for small scale projects; the project has the participation of the community.
5. Rent programs, management consulting projects for the program, the project has the peculiarity, single travelers. In this case, the owner of the project contracting management advisory programs, projects with advice/consulting organizations are eligible, the capacity to manage the programme, projects under the provisions of current legislation to implement all or some of the work program, the project manager.
Article 38. The authority issuing the decision on establishment of project management 1. For the project management professional, project management area specified in clause 1 Article 37 of this Decree: the head of the Governing Body decision to establish project management professional, project management area.
2. With regard to the project management committee to manage a program, the project provided for in paragraph 3 to article 37 of this Decree: Project Server issued the decision establishing the project management committee to manage a program or project.
3. As for the case of project management: project selection project management forms prescribed in clause 2, 4, 5 Article 37 of this Decree.
4. decision on establishment of project management must be accompanied by the prescribed documents organizational structure; functions and missions; the responsibilities, powers and authorizations; assigning outline for some key positions of project management.
Article 39. Project Management Board 1. Who has the authority to establish project management provided for in paragraph 1, the 2 things this Decree 38, within 30 days after the investment decision, the decision to establish a project management Committee.
2. Within 15 working days from the date of the decision to establish the project management, the project issued the regulation on organization and operation of the project management committee. In the case of international treaties, agreement on ODA, concessional loans for programs, projects, regulations on organization of project management, tasks and powers of the Board of management of the project, these regulations must be specific and adequate expression in the regulation of organization and operation of the project management committee.
Article 40. The case of the project management board 1. The investment decision decided not to establish a project management Committee with regard to the programme, projects under the provisions of clause 4, 5 Article 37 of this Decree.
2. investment decisions People decided not to establish a project management Committee with regard to the following cases: a) programme, technical assistance projects using ODA non-refundable aid had total capital (including reciprocal capital) under 200,000 dollars;
b) programs, investment projects using ODA non-refundable aid had total investment (including reciprocal capital) under the 350,000 us dollars;
c) program, the project area by industry outreach programs, budget support, Africa project.
d) program, projects using ODA aid is not refundable by foreign donors of financial management, the organization providing the service, the goods according to the provisions of the foreign donor of ODA use conditions the Institute grants for programs, projects and agreements are not established project management in international treaties , agreement on ODA, concessional loans for programs and projects.
Article 41. The duties and powers of administration in the management of the programme, projects 1. Organizational decision management of the programme, projects, including program Steering Committee, the project (in case of need).
2. Build and approve plans to implement the program, projects using ODA, concessional loan 5 year medium term investment plan in the medium term of 5 years.
3. To approve the master plan program implementation, the project; general approval of the annual plan and implement programs and projects.
4. Steer bidding under the provisions of current legislation, international treaties, agreement on ODA, concessional loan of bidding.
5. The organization of monitoring and evaluation of the implementation, ensure the program, project implementation schedule, quality and achieve the targets set under the provisions of the law of public investment and the provisions on monitoring and assessment of this Decree.
6. Responsibility for costs incurred by the subjective cause, loss, waste, corruption and other violations in the management and use of ODA, concessional loans in its management authority under the provisions of the law on public investment.
7. Perform other powers and duties under the rules of the law of international treaties, in particular the agreement on preferential loans, ODA for programs and projects.
Article 42. The duties and powers of the management in project implementation, project 1. Organization and management of the programme, the project on the basis of the decision of the governing body.
2. Responsible for the management and the effective use of ODA, concessional loans, reciprocal capital of the program, projects from the preparation, made to when putting the program, projects on tap, use.
3. Establishment and the governing body approved the five-year medium-term plan, the overall plan and the annual implementation plan, the project program. For the program, the entire loans projects or part from the State budget, which is bad because the home the self project layout, the project owner is responsible for the establishment, approval of the capital plan for annual applications.
4. building plan for the quarterly, executive staff, monitoring and evaluation of programmes and projects.
5. Perform bidding under the provisions of the current law on bidding.
6. Negotiating, signing, monitoring the implementation of the contract and handle problems arising under the authority.
7. In collaboration with the local government organized to perform compensation, resettlement and assistance under the provisions of the law of international treaties, specifically on ODA, concessional loans for programs or projects (for construction projects).
8. monitoring and evaluation of the implementation of the programme, projects under the provisions of the law on oversight, reviews of public investment and the provisions of this Decree to ensure project execution, program schedule, quality and achieving its objectives.

9. Directs the project management reporting and report program, project; auditing and hand over the property, the output of the program documentation, project and compliance with regulations on closed projects in international treaties, agreement on ODA, concessional loans for programs and projects.
10. Responsibility for loss, waste, corruption and violations under the authority of the Governing Programme, project damage on economic, social, environmental, affect the targets and the effectiveness of the program, projects.
11. With respect to the program, the entire loans projects or part from the State budget, the owner of the project is responsible for the full and timely repayment of loans under the conditions of the loan back signed with financial institutions, Bank authorities.
12. other rights and duties under the rules of the law of international treaties, in particular the agreement on preferential loans, ODA for programs and projects.
13. Responsible before the law and the governing body within the scope of their rights and obligations under the provisions of this Decree and other provisions of the relevant laws.
43 things. The duties and powers of the Management Board in the management of project implementation, project 1. The duties and powers of the Board of management of the project by the project delivered by the decision establishing the project management committee.
Project owners can authorize project management decisions or signing the text of their jurisdiction in the process of managing the programme, the project. The authorization must be defined in the decision establishing the project management or in writing specific authorization of the owner of the project.
2. Management of the project can be given the task of managing a variety of programs, projects, but must be accepted and the project owner must ensure the principle: Each program, the project was not interrupted, and managed in accordance with the current provisions of the law. In no case are qualified to make some part of work on the management and monitoring, project management can hire consultants perform this work with the approval of the project.
3. Project Management Board has the duty to perform the task assigned by the project owners to report server projects, including: a) the overall planning and implementation of the annual plan program, project;
b) preparing and implementing programs and projects;
c) perform the activities related to procurement, contract management and compensation work, support and resettlement;
d) disbursed, the financial and property management of programs and projects;
DD) monitor and evaluate the implementation of programs and projects;
e) prepared for and delivered the program's outputs, the project after completion; audit work completed, the transfer of property of the program, projects; reporting and report program, project; implementing rules on closed projects in international treaties, agreement on ODA, concessional loans for programs and projects;
g) perform other duties within the framework of the program, project by project.
4. other rights and duties under the rules of the law of international treaties, in particular the agreement on preferential loans, ODA for programs and projects.
5. Be responsible before the law and the governing body within the scope of their rights and obligations under the provisions of this Decree and other provisions of the relevant laws.
Article 44. Hire the consultant program management, project 1. The case project owners to hire consultants or consulting – hereinafter the consultant program management project, as defined in clause 5 Article 37 of this Decree, that advisory must have qualified management organization capability, consistent with the scale, the nature of the program, projects. The responsibilities and powers of the management consultancy program, the project is done on the basis of the contract to hire consultants. Program management consultant, the project hired a personal consultation, organization management, but must be approved by project owners and in accordance with the lease signed consulting.
2. The owner is responsible for selecting projects through tenders and signed a contract with the consultant program management, projects eligible capacity management organization to help project owners, project management program. When applying the rental form consulting program management, project, project owners must still use the specialized units in his or assigned clues to examine, supervise contract execution of counseling program management, project and is authorized to perform the task of consulting program manager the project, under contract to manage the project.
3. management consulting organization program, the project is responsible for performing the work and the commitment under the contract concluded with project owners and compliance with the provisions of relevant laws.
Article 45. Program implementation plan, projects using ODA loans, preferential, reciprocal 5-year medium term capital 1. Program implementation plan, projects using ODA, concessional loans are part of the medium term investment plan 5 years of governing body.
2. The base to plan the programme, projects using ODA, concessional loan 5 year medium term include: a) The program, projects are carried forward to the 5-year plan period;
b) programs, the project had to decide the investment policy of the authority expected to sign international treaties, agreement on ODA, concessional loans during the five-year plan;
c) programs, projects with investment policy decision of the authority at the time did not coincide with the time and the General medium-term public investment plan of 5 years will be added to the medium term investment plan 5 years according to the provisions of the law on supplements and adjusts the medium term investment plan of 5 years.
3. The content, process and delivery of the program implementation plan, projects using ODA, concessional loan 5 year medium term and inherently reciprocal follow current rules of law about the content, process and delivery of medium-term public investment plan of 5 years.
Article 46. Established, approved the overall plan of the programme, projects using ODA, concessional loans, reciprocal capital 1. The overall plan of the programme, the project was created for the entire duration of the programme, project and must include all component items, the group is active, the corresponding capital (ODA, concessional loans, reciprocal capital) and the expected progress.
2. within 30 days of the signing of specific international treaties, agreement on ODA, concessional loans, text base program, the project has been approved by the authorized investment decisions, programs, projects and specific international treaties, agreement on ODA preferential loans, for programs, projects, home projects in cooperation with foreign donors set up or review, the updated master plan programme, project, process of governing body review and approval.
3. With respect to the program, the umbrella project, overall plan must include overall planning of the project component. The head of the governing body of the program, the umbrella project approved overall plan program, the umbrella project; the head of the governing body approved the composition of the project master plan project components.
4. within 5 working days from the date of approval of the master plan programme, project, program administration, including program, project, project approval decision, send the box attached to the overall plan of the programme, the project for the Ministry of planning and investment , relevant agencies and foreign donors to serve the monitoring, coordination and evaluation of programs and projects.
Article 47. Establishment, approval of the plan of implementation of the program, projects using ODA, concessional loans, reciprocal capital annually 1. On the basis of the plan of implementation of the program, projects using ODA, concessional loans, which for 5-year medium-term plan and of the overall implementation of the program, the project has been approved by the governing body; the base situation of actual and planned disbursements disbursements under specific treaties, agreement on ODA, concessional loan for the program, project, project review and the head of the governing body approved the program implementation plan, the project annually. Program implementation plan, projects using ODA, concessional loans annually as part of the annual public investment plan of governing body.
2. The content of the plan of implementation of the program, annual projects must have detailed information about the component (component divided by technical support and construction), the category and the main activities, the sources of capital, including venture capital and expected progress.
3. After being approved by the governing body, the annual plan is the basis for a home construction project plans to make quarterly operating staff, monitor and evaluate the implementation of programs and projects.
4. Each year, at the time of the construction plan of socio-economic development and State budget estimates under the current rules, governing body general plans to implement the program, the project annually in public investment plan and the annual budget plan of the governing body. On the basis of the annual budget plan of the governing body, the Ministry of planning and investment in General and capital investment plans in coordination with the Ministry of finance the Government review, approved the plan for socio-economic development and the annual budget to the National Assembly through.
5. process, the procedure assigned to the annual plan of the programme, projects under the current provisions of the law on given the task of planning the social-economic development.
6. within 5 working days from the date of approval of the plan of implementation of the program, annual projects, home projects and through the governing body governing body sent the Ministry of planning and investment, relevant agencies and foreign donors decided to approve the attached program implementation plan annual service project, the work of monitoring, coordination and evaluation of programs and projects.
7. With respect to the program, the entire loans projects from the State budget:

Every year, at the same time build the plan for socio-economic development and State budget estimation, project planning, project program implementation process of the governing body approved the plan on ODA, concessional loans sent the Ministry of planning and investment, the Ministry of finance to monitor the monitoring the implementation. The governing body, the responsible project financing bad balance itself according to the progress of the program, projects.
8. for the program, project lending a part from the State budget: depending on the nature of each program component, the project (full allocation or lenders), project applies established procedures of plan and browser programs, projects corresponding to each component of the program the project, as specified in paragraph 1, 2, 7.
Article 48. Reciprocal capital prepared to make and execute the program, project 1. Reciprocal capital must be fully guaranteed in preparation and implementation of the programme, the project (including the works done before, if any). Source, the level of capital and capital mechanism for the application to match the spending of the program content, the project was agreed between the governing body and the foreign donors and are shown in the program documents, the project has been the authorized appraisal and investment decisions.
2. reciprocal capital to be used for the following costs: a) costs for management activities of the project (wages, bonuses, allowances, Office, media work, administrative costs);
b) cost evaluation design, browser, complete the procedure for investing, building and other necessary administrative procedures;
c) costs related to the process of selection of contractors;
d) expenses for conferences, seminars, training, management and business training programme, the project;
DD) costs of receiving and disseminating technology, experience, international skills;
e) the costs of advertising, propaganda programs, projects and activities in the community;
g) pay customs fees, taxes, insurance premiums under current rules;
h) interest rate payments, deposits, fees and other related fees are charged for the foreign side;
I) receiving equipment cost and domestic shipping (if any);
k) audit costs, settlement, settlement assessment completed;
l) compensation, clearance and resettlement;
m) cost of making a number of basic activities of the program, project (survey, design, engineering, construction; building some projects, shopping some equipment);
n) costs for monitoring and evaluation activities; monitoring and quality control, testing, delivery, settlement programs and projects;
o) costs and other reasonable expenses.
3. With respect to the program, the project is allocated entirely from the State budget: the governing body is responsible for capital balance for the application in the estimation of annual budgets of the governing body in accordance with the current legislation and clear delineation of as capital construction, administrative careers correspond to the content of the program's spending , project; ensure reciprocal capital arrangement in full, promptly, in accordance with the schedule specified in the program documents, the project has been approved and authorized investment decisions, in accordance with the provisions of the law on the State budget and specific international treaties, agreement on ODA , loan programs, incentives for the project.
4. With respect to the program, the entire loans projects or part from the State budget: Project Owners himself arranged the reciprocal capital or the Governing Body decided to ensure sufficient capital for the program, the project according to the rules before signing the loan contract.
5. With respect to the program, projects on an allocated from the State budget have time approval or signing does not coincide with the annual budget estimate, not to be a disposition of capital: the governing body has proposed writing the Ministry of planning and investment, the Ministry of finance to handle under the authority or the authority review additional decisions on the annual budget estimates.
The case for capital planning time for preparing and implementing the program, the project was sponsored review did not coincide with the annual budget plan, governing body balance in the total capital has been allocated. In case of not being balanced, the governing body has the text sent the Ministry of planning and investment, Ministry of finance requires considering the Authority decided the capital advance and then deducted the plan next year.
6. In the case of reciprocal capital has been allocated from the central budget every year for the program, projects not handled, the governing body may be transferred to other projects, program needs after the competent authorities handed the decision according to the current rules.
7. The source of capital for the application include: the State budget and other sources of capital by the State; project owner's equity (for the case of ODA back loans, preferential loan); ODA, concessional loans of foreign donors by decision of the Prime Minister.
Article 49. Advance capital to implement programs and projects where there is urgent need of capital to advance implementation of a number of items of the program, the project is allocated entirely from the State budget were committed funding from ODA, concessional loans and was recorded in financial planning that has not drawn are ODA preferential loans, the Ministry of planning and investment, Ministry of finance, the review authority, decided to advance the capital from the State budget on the basis of the text explanation of the governing body and the written commitment of foreign aid donors about the retroactive payment of this advance capital. This stake will be the State Treasury levels recovered again when ODA disbursement, concessional loans allocated for the items.
Article 50. Taxes and fees for programs, projects and Tax charges applied for the program, the project made under the provisions of the current law on taxes and fees, the international treaties to which the Socialist Republic of Vietnam is a member. In case there are differences between the provisions of domestic law with international treaties were signed on the same matter shall apply the provisions of international treaties. The Ministry of finance is responsible for specific guidelines on this issue.
Article 51. Compensation, resettlement and assistance 1. The compensation, resettlement and assistance in implementing the programme, the project made under the provisions of current legislation and international treaties regarding ODA, concessional loans which the Socialist Republic of Vietnam is a member. In case there are differences between the provisions of domestic law with international treaties were signed on the same matter shall apply the provisions of international treaties.
2. browser profile compensation plans, support and resettlement programme, the project must have a formal commitment by the competent agency on the progress, the time limit for the completion of compensation, assistance, clearance and resettlement match progress of each package in the program , project.
Article 52. Bidding 1. The selection of the contractor to comply with the provisions of international treaties between Vietnam with foreign sponsors; the case of the international treaties to which the Socialist Republic of Vietnam is a member have provisions on the choice of the contractor other than the provisions of the law of tenders shall apply according to the provisions of international treaties. Case international treaties do not have provisions on the application of the procedure for selection of the contractor, the selection of contractors to comply with the provisions of the law of tenders.
2. the decentralized procedure, evaluation and approval of the content of tenders conducted under the provisions of the law of tenders of Vietnam. Content evaluation, approved in compliance with the provisions of international treaties according to the principles stated in paragraph 1 of this article.
Article 53. Adjust program content, and using excess capital projects in the process of implementing the program, project 1. Adjustable case leading to the content changes in the investment policy decisions, the governing body made according to the provisions of article 21 of this Decree.
On the basis of comments approved adjust content to decide the investment policy of the authority, the governing body conducted the procedure related to the evaluation, approval, program documents and project investment decision adjustment program, project.
2. where the adjusted program content, the project led to additional amendments, renewals of international treaties, agreement on ODA, concessional loans, the Agency proposed the signing of international treaties, agreement on ODA, concessional loans made under the order, the procedure specified in article 33 and 36 of this Decree.
3. The use of residual capital (ODA, concessional loans) arising in the course of implementing the programme, the project includes excess capital after the bidding, capital supernumerary due to changing exchange rates, interest rates, funds not allocated and other residual capital as follows: a) for cases of using surplus capital within the program , the project is identified in the text of the project investment decision, in accordance with the decision of approval of undertakings authorized: after the unification with the Ministry of planning and investment and the Ministry of finance, the Governing Body agreed with foreign donors to decide on the use of surplus capital under current rules;
b) for cases of using excess capital to implement the program, the new priority direction project to promote the effectiveness of the program, projects are conducted: the governing body has the text sent the Ministry of planning and investment, Ministry of finance attached to the report proposed program investment undertakings a new project, use the excess capital. The Ministry of planning and investment to host, in cooperation with the relevant agencies to work with foreign donors to agree on the use of surplus capital. The next step involves the process, evaluation and investment policy decisions program, the project made under the provisions of Articles 14, 15, 16, 17 and 18 of this Decree.
Article 54. Construction management, testing, delivery, accounting, settlement

1. With regard to construction projects, the evaluation, approval and construction of estimation, building license, management, quality, delivery, warranty, insurance of construction works was done in accordance with the current legislation on the management of construction and international treaties about ODA preferential loans, to which the Socialist Republic of Vietnam is a member. In case there are differences between the provisions of domestic law with international treaties were signed on the same matter shall apply the provisions of international treaties.
2. With regard to programmes, technical assistance projects, once completed, the Governing Body held trials and conducting necessary measures to continue to exploit and promote the results achieved as well as the implementation of the provisions of the current law on the management of assets and financial programs , project.
3. The audit, settlement programs, projects must be done in accordance with current legislation and international treaties regarding ODA, concessional loans which the Socialist Republic of Vietnam is a member, or at the request of foreign donors. In case there are differences between the provisions of domestic law with international treaties were signed on the same matter shall apply the provisions of international treaties.
Article 55. Contract dispute case of disputes relating to the contract in the course of implementing the programme, the project, the responsible party to negotiate the settlement. The case did not reach the agreement between the parties, the settlement of disputes be made through mediation, arbitration or a court under the provisions of the contract or the provisions of international treaties, agreement on ODA, concessional loans for programs, projects and related laws.
Article 56. Monitoring and evaluating the programme, projects using ODA, concessional loan of 1. Monitoring of the program, projects using ODA, concessional loans include regular tracking operations, periodic checks as planned or unanticipated program implementation process, projects using ODA, concessional loan of the management level of ODA, concessional loans under the current provisions of the law on monitoring and evaluation of public investment.
2. Reviews of the program, projects using ODA, concessional loans include periodic reviews of activities as planned or unscheduled aimed to determine the level of implementation of the program, projects using ODA, concessional loans under the current provisions of the law on monitoring and evaluation of public investment. Reviews of the program, projects using ODA, concessional loans are: a) the initial assessment; Evaluation or stage; Reviews of the end;
b) reviews irregularly;
c) impact assessment.
3. The responsibility for monitoring and evaluating programmes, projects using ODA, concessional loans: a) the project Owner is responsible for setting up and operating monitoring systems and evaluation at the project and arranged the necessary resources for this work;
b) the governing body is responsible for setting up and operating monitoring and evaluation system at the level of the governing body and the necessary resources for this work;
c) Ministry of planning and investment is the clue to help prime the Organization perform monitoring and evaluation of the management and use of ODA, concessional loans at the national level, join the governing body, foreign donors and local authorities, other relevant conduct impact evaluations according to the current rules of the law on surveillance and evaluate public investment. The Ministry of planning and investment has responsibility for setting up and operating monitoring and evaluation systems at national level and the resources necessary for this work.
4. The monitoring and evaluation of the program, projects using ODA, concessional loans made under the provisions of the current law on surveillance and evaluation program, the investment project and the specific international treaties on ODA loans, incentives for programs, projects which the Socialist Republic of Vietnam is a member. In case there are differences between the provisions of domestic law with international treaties were signed on the same matter shall apply the provisions of international treaties.
Chapter VI ADMINISTRATION on ODA, CONCESSIONAL LOAN of 57 Articles. Content governance of ODA, concessional loan of 1. Enact and implement legal texts on the management and use of ODA, concessional loans.
2. Build and project organizations attract, manage and use ODA loans, incentives for each period to support the implementation of the plan for socio-economic development of 5 years; the solution, policy management and the efficient use of resources.
3. Provide information on the management and use of ODA, concessional loans.
4. Monitoring, assessment of the situation, results management, use of ODA, concessional loans under the current provisions of the law on monitoring, assessment and management of public investment, the use of ODA, concessional loans.
5. Handling of violations, complaints, accusations of organizations, individuals related to management activities and the use of ODA, concessional loans.
6. Commend the Agency, organization, personal Vietnam and foreign donors are active in providing achievement, management and use of ODA, concessional loans.
Article 58. The duties and powers of the Ministry of planning and investment, Ministry of planning and investment to help the unity Government to manage state on ODA, concessional loans, has the following powers and duties: 1. Is the clue about the mobilization, coordination, management and use of ODA, concessional loans; presiding over the drafting of the strategy and policies for development cooperation with donors; planning, planning, coordination, management and use of ODA, concessional loans; analysis and evaluation of effective use of resources.
2. Presiding over the drafting, enactment or promulgation of legal texts on the management and use of ODA, concessional loans under the authority.
3. Host content preparation and advocacy organizations, coordinate ODA, concessional loans by the authority; synthesis and process of the Prime program proposals, projects using ODA loans, preferential loans; coordination with donor funding plans for the proposed program, projects using ODA loans, preferential loans after being Prime Minister.
4. Hosted, in cooperation with the Ministry of finance, State Bank (capital of the World Bank, the Asian Development Bank, organized the international monetary financial and other international banks that the State Bank of Vietnam do represent) evaluation of ODA, concessional loans reciprocal capital, and the ability to balance this capital.
5. the synthesis and the prime consideration, decisions undertakings investing programs, projects using ODA, concessional loans under the authority the decision of the Prime Minister, except for A group project; send official documents suggest foreign donor funding for the program, after project advocates the investment program, the project is competent to decide.
6. the Chair, in cooperation with the relevant agencies in the Government on the signing of the international treaty framework on ODA, concessional loans, specific treaties on the non-refundable aid of ODA capital prescribed in paragraph 4 to article 32 of this Decree; the Prime Minister's proposals regarding the signing of the agreement on non-refundable aid of ODA capital prescribed in paragraph 4 to article 35 of this Decree.
7. Hosted, in cooperation with the Ministry of Finance: a) general planning and implementation of programs and projects using ODA, concessional loan 5 year medium-term plan, the programme, projects using ODA, concessional loan of the country; fully balanced and reciprocal capital disposition from the annual budget preparation and execution made for programs, investment projects to build in an allocated from the central budget in the annual capital plan;
b) handle the additional demand in capital budgeting plans each year of the program, projects using ODA, concessional loans as prescribed in clause 5 Article 48 and article 49 of this Decree.
8. Coordination with the Finance Ministry and relevant agencies to identify financial mechanisms in the country to apply for the programme, projects under the provisions of the law.
9. the monitoring and evaluation of the implementation of the program, projects using ODA, concessional loans under the provisions of the law on monitoring and evaluation of public investment and management and the use of ODA, concessional loans.
10. Do the clue to solve difficult problems in the process of implementing the programme, the project, the problems related to various ministries to ensure progress and boost disbursements ODA, concessional loans; petition the Prime Minister to decide measures to handle the problem of ODA, concessional loans under the authority of the Prime Minister.
In case of need, chairing task group established to work directly with the governing body, the owner of the project, project management, and foreign donors to review, evaluate and resolve these problems in a timely manner according to the authority.
11. The Prime recurring synthesis report (6 month, a year) and the situation of mobilization, management and use of ODA, concessional loans; recommendations the solution in order to remove difficulties in the process of implementing the programme, the project.
12. Host implementation of synchronous measures to improve management efficiency, the use of ODA, concessional loans.
13. Compiling and dissemination of guidance materials, preparation, appraisal, management organization implementation, monitoring and evaluation of programmes and projects; support the training program management, Project Professional and sustainable direction.
Article 59. The duties and powers of the Ministry of finance 1. In collaboration with the Ministry of planning and investment and the relevant agencies to build strategic, collaborative policy development with foreign donors, planning, plan, coordinate, manage and use of ODA, concessional loans; analysis and evaluation of effective use of resources.
2. Guide the preparation of the content related to the conditions of use of capital, financial mechanism, financial management of the program, projects; the work of the financial appraisal of the project loans.

3. Hosted, in cooperation with the relevant agency Guide to the registration of the ODA loan terms, loan incentives, guaranteed in the norms limit the public debt, government debt and the country's external debt has been approved by Congress.
4. Hosted, in cooperation with the relevant agencies in the Government on the signing of international treaties specifically on ODA loans, preferential loan prescribed in clause 2 Article 32 of this Decree; the Prime Minister's proposals regarding the signing of the agreement on the ODA loans, preferential loan prescribed in clause 2 Article 35 of this Decree.
5. In collaboration with the Ministry of planning and investment, Vietnam's State Bank (capital of the World Bank, the Asian Development Bank, organized the international monetary financial and other international banks that the State Bank of Vietnam do represent) evaluation of ODA, concessional loans reciprocal capital, and the ability to balance this capital.
6. The official representative for the "borrower" for ODA loan terms, preferential loans in the name of the State or the Government with foreign sponsors, except for loans by the State Bank of Vietnam represents Vietnam authorized and signed international treaties, agreement on that loan.
7. the financial management for the program, project: a) presiding, in cooperation with the relevant agency guide on financial management for programs and projects;
b) presiding, in cooperation with the Ministry of planning and investment and the relevant authorities identify financial mechanisms in the country apply for programs and projects in accordance with the law;
c) specifies the procedure of withdrawal of capital and funds management of the program, the project on the basis of the provisions of the applicable law and the provisions of international treaties, agreement on ODA, concessional loan signed with foreign sponsors;
d) presided over tax policy implementation guidelines and fees for programs and projects; solve the problems and obstacles related to taxes and fees;
DD) layout which the State budget and other funds to repay the loan account in ODA, concessional loans when due;
e) in coordination with the State Bank of Vietnam to determine and publish the list of qualified commercial banks make foreign payment transactions with respect to ODA, concessional loans;
g) track, check out the financial management in the use of ODA, concessional loans and held the State budget accounting for the capital;
h) General periodically (6 months to a year) disbursements, withdrawal of capital and repayment for ODA, concessional loan Prime report and notify the relevant authorities;
I) in collaboration with the Ministry of planning and investment and planning programme, projects using ODA loans, preferential, reciprocal capital 5-year medium-term plan, the programme, projects using ODA, concessional loans, reciprocal capital of the country; handle the additional capital needs in planning the annual budget estimates of the programme, projects under the provisions of clause 5 Article 48 and article 49 of this Decree;
k) hosted, in cooperation with the Ministry of planning and investment to fully and timely disposition of capital bad administrative career resources to preparing and implementing programs and projects in an allocated from the central budget in the annual capital plan;
l) held back lending and recovery of part of the loan program, the project applying the mechanism of State budget loans.
Article 60. The duties and powers of the State Bank of Vietnam 1. In collaboration with the Ministry of planning and investment and the relevant agencies to build strategic, collaborative policy development with foreign donors, planning, plan, coordinate, manage and use of ODA, concessional loans; analysis and evaluation of effective use of resources.
2. In coordination with the Ministry of planning and investment, Ministry of finance ODA evaluation, loan incentives, capital and the ability to balance the capital (capital of the World Bank, the Asian Development Bank, organized the international monetary financial and other international banks that the State Bank of Vietnam as the representative).
3. Hosted, in cooperation with the relevant agencies in the Government on the signing of international treaties specifically about ODA, concessional loan provisions in Article 32 paragraph 3 of this Decree; the Prime Minister's proposals regarding the signing of the agreement on ODA, concessional loan provisions in Article 35 paragraph 3 of this Decree.
4. The official representative for the "borrower" in the terms of ODA loans and preferential loans in the name of the State or Government with the World Bank, the Asian Development Bank, the International Monetary Fund, organized the international monetary financial and other international banks that the State Bank of Vietnam as the representative and authorized the signing of international treaties , agreement on that loan.
5. To hand over the records and all information related to the program, a project for the Ministry of finance after the specific international treaties, agreement on ODA, concessional loans in effect, except for the loan agreement with the International Monetary Fund.
6. the Chair, in cooperation with the Ministry of finance to determine and publish the list of qualified commercial banks make foreign payment transactions with respect to ODA, concessional loans, as the basis for the Agency chairing negotiating specific treaties, agreement on ODA preferential loans, banking options cater for the program, project.
7. General periodically (6 months to a year) and inform the Ministry of finance, the Ministry of planning and investment and the relevant agencies on the State funds and payments through the program's account system, the project opened in the Bank.
Article 61. The duties and powers of the Ministry of Justice 1. The evaluation of international treaties, the draft agreement on ODA, concessional loans under the provisions of the law.
2. Join the negotiations, suggestions to build the content of international treaties, the draft agreement on ODA, concessional loans.
3. Join the opinion for the report proposes investment advocates program, cooperative projects with foreign sponsors of the law.
4. The evaluation documents program, cooperative projects with foreign sponsors of the law under the authority of the Prime Minister's approval under the provisions of the law on the management of the international cooperation on the law.
5. Join comments on legal issues for the draft resettlement policy framework before the Prime Minister's approval.
6. legal opinion Issued for international treaties, agreement on ODA, concessional loans under the provisions of the law.
Article 62. The duties and powers of the Ministry of Foreign Affairs 1. Coordination with other relevant bodies, on the basis of the common foreign policy, building and implementing advocacy direction, ODA, concessional loans, policy partners; join the mobilization for ODA, concessional loans.
2. Hosted, in cooperation with the Ministry of planning and investment and the relevant agency directing the representative body of the Socialist Republic of Vietnam in foreign countries or in the international organizations conduct lobbying ODA, concessional loans, in line with the policy direction, American athlete , planning, plan, coordinate, manage and use of ODA, concessional loans in each period.
3. Join the negotiations, contributing comments for draft international treaties, agreement on ODA, concessional loans; check the proposed signing of international treaties, agreement on ODA, concessional loans.
4. Perform foreign procedures regarding signing and implementing international treaties, agreement on ODA, concessional loans; hosting organizations, exemplify, announced international treaties, agreement on ODA, concessional loans.
5. Participate in reviews of programs and projects at the request of the competent authority.
6. Monitor, examine the implementation of the procedure of signing and implementing international treaties, agreement on ODA, concessional loans under the provisions of the law.
Article 63. The duties and powers of the Office of the Government 1. Help the Government and the Prime Minister's leadership, direction, operating system for the governance of ODA, concessional loans.
2. Join comments on content in the process of preparing the program and projects at the request of the governing body or the project owner; assessment and propose recommendations on the policy, mechanism, how organizations implement the programme, the project before the Government, the prime consideration, decision.
3. To help the Government and the Prime test, urging the implementation of this Decree.
Article 64. The duties and powers of the Ministry, ministerial bodies, government bodies 1. In collaboration with the Ministry of planning and investment and the relevant agencies to build strategic, planning, planning, coordination, management and use of ODA, concessional loans; policy formulation, coordination measures and enhance the effective use of ODA, concessional loans in the field of charge.
2. Build the report proposes investment undertakings or feasibility research report the authority decision or decision by the authority as prescribed in paragraph 4 to article 12 of this Decree.
3. In coordination with the Finance Ministry, the State Bank of Vietnam in the process of the Government on the signing of international treaties specifically about ODA, concessional loan for the program, its projects do the owner under the provisions of clause 2, Article 32 3 of this Decree and implementing international treaties which under the provisions of the law of international treaties; in collaboration with the Ministry of finance, the State Bank of Vietnam in the process the Prime Minister about the signing of the agreement on preferential loans, ODA for the program, its projects do the owner specified in clause 2 3 of this Decree 35 Thing and make that agreement under the provisions of the law.
4. Proposed process of the Government on the signing of international treaties specifically about ODA non-refundable aid as defined in Article 32 paragraph 1 of this Decree and the implementation of international treaties which under the provisions of the law of international treaties; the Prime Minister's proposals regarding the signing of the agreement on the ODA does not refund prescribed in clause 1 Article 35 of this Decree and the implementation of that agreement under the provisions of the law.
5. Implement state management functions with respect to ODA, concessional loans by sector, areas of responsibility under the provisions of the law.

6. Ensuring publicity, transparency and responsibility for the effective use of ODA, concessional loan program, its projects directly managed and implemented.
Article 65. The duties and powers of provincial people Committee 1. In collaboration with the Ministry of planning and investment, the ministries and relevant agencies to build strategic, planning, planning, coordination, management and use of ODA, concessional loans; build the policy, measures to coordinate and enhance the effective use of ODA, concessional loans in the province, the city.
2. Build the report proposes investment undertakings or feasibility research report the authority decision or decision by the authority as prescribed in paragraph 4 to article 12 of this Decree.
3. In coordination with the Finance Ministry, the State Bank of Vietnam in the process of the Government on the signing of international treaties specifically about ODA, concessional loan for the program, its projects do the owner specified in clause 2 3 of this Decree, 32, and implementation of international treaties which under the provisions of the law of international treaties; in collaboration with the Ministry of finance, the State Bank of Vietnam in the process the Prime Minister about the signing of the agreement on preferential loans, ODA for the program, its projects do the owner specified in clause 2 3 of this Decree 35 Thing and make that agreement under the provisions of the law.
4. In coordination with the Ministry of planning and investment in the process the Prime Minister about the signing of specific treaties on the non-refundable aid of ODA capital prescribed in paragraph 4 to article 32 of this Decree and the implementation of international treaties which under the provisions of the law of international treaties; in collaboration with the Ministry of planning and investment in the process the Prime Minister about the signing of the agreement on non-refundable aid of ODA capital prescribed in paragraph 4 to article 35 of this Decree and the implementation of that agreement under the provisions of the law.
5. Is responsible for directing the Organization, made the recovery of land, compensation, clearance for the program, the project on the area under the provisions of the law of treaties, ODA, concessional loans which the Socialist Republic of Vietnam is a member.
6. Implement state management functions with respect to ODA, concessional loans in accordance with the law.
7. Ensuring publicity, transparency and responsibility for the effective use of ODA, concessional loan program, its projects directly managed and implemented.
8. capital repayment arrangement of the central budget in full, on time to pay the foreign debt for programs, projects applying the mechanism of the central budget for the provincial budget of the loan back to the ODA, concessional loans.
Chapter VII ENFORCEMENT PROVISIONS Article 66. Implementation 1. The Ministry of planning and investment to host, in cooperation with the agencies concerned issued circulars implementing this Decree.
2. The Ministry of Finance issued the text of this Decree implementation guide on financial management, tax and fee policy for ODA, concessional loans under the authority.
Article 67. The handling of the transition program, the project has been approved by the authorized category of funding before the decree came into force shall continue to be made under the provisions of Decree No. 38/2013/ND-CP on April 23, 2013 of the Government on the management and use of sources of official development assistance (ODA) and preferential loans source of donors.
Article 68. Effect 1. The Decree has effect as from October 2016 and replacing Decree No. 38/2013/ND-CP on April 23, 2013 of the Government on the management and use of sources of official development assistance (ODA) and preferential loans source of donors.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities, the Organization, the individual concerned is responsible for the implementation of this Decree.