The DECREE promulgated regulations and use of official development assistance resources the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;
Pursuant to the law on State budget of 16 December 2002;
Pursuant to the law signing, joining and implementing international treaties on May 24, 2005;
Considering the recommendation of the Minister of planning and investment.
 
DECREE: article 1. Attached to this Decree, regulations and use of official development assistance resources.
Article 2. The Decree has effect after 15 days from the date The report and replacing Decree No. 17/2001/ND-CP DATED April 5, 2001 of the Government on issuing regulations and use of official development assistance resources.
Article 3. Minister of planning and investment, the Minister of finance, Minister of Foreign Affairs, the Minister of Justice and the Governor of the State Bank of Vietnam is responsible for guidance and examine the implementation of this Decree.
Article 4. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.
 
Regulations and the use of official development assistance resources (attached to Decree No. 131/2006/ND-CP dated 9/11/2006 of Government) chapter I GENERAL PROVISIONS article 1. Scope 1. These rules regulate the management and use of official development assistance resources.
Official development assistance (hereinafter referred to as ODA) in this regulation be interpreted as development cooperation activities between the State or the Government of the Socialist Republic of Vietnam with the sponsor is foreign Governments, bilateral funding institutions and international organizations or national Governments.
2. Form of ODA provided include: a) ODA is not refundable: form to provide ODA not refunded to donors;
b) ODA loan incentives (also known as preferential credit): loans with preferential conditions on interest rate, grace period and repayment time, ensuring the "non-refundable" factor (also called "the elements") reached at least 35% of the loans are binding and only 25% of the loans are not binding;
c) ODA loans: mixture is non-refundable grants or preferential loans is provided simultaneously with trade credits, but altogether there "factor non-refundable" reached at least 35% of the loans are binding and only 25% of the loans are not binding.
3. The basic method to provide ODA consists of: a) project support;
b) industry support;
c) support program;
d) budget support.
4. the financial mechanism for the use of ODA: a) allocated from the State budget;
b) loan from the State budget;
c) to allocate a portion of the loan, a part from the State budget.
Article 2. Basic principles in the management and use of ODA 1. ODA is an important source of State budget, used to support the implementation of the program, the priority projects of the social-economic development of the Government.
2. Government systems for the governance of ODA on the basis that focus on democracy, transparency, publicity, have assigned, decentralized, mounted rights with responsibilities, ensure coordination, inspection, management closely monitor and promote the initiative of levels, the industry authority local, and the unit performs.
3. Attract ODA went hand in hand with improving the efficient use and ensure the ability to repay foreign debt, in line with the capacity to receive and use the ODA of ministries, sectors, localities and other implementers.
4. Ensure the synchronization and consistency of the regulations on the management and use of ODA; ensure broad participation of the parties concerned; harmonizing procedures between the Government and donors.
5. Compliance with the provisions of the law of Vietnam and international treaties on ODA which the Socialist Republic of Vietnam is a member. In the case of international treaties on ODA which the Socialist Republic of Vietnam is a member have other regulations with the provisions of the law of Vietnam shall follow the provisions of international treaties.
Article 3. Priority areas using ODA ODA priority use for these programs, projects in the fields of: 1. Agriculture and rural development (including agriculture, irrigation, forestry, fisheries) incorporate poverty, and poverty reduction.
2. Build the economic infrastructure in sync.
3. Build social infrastructure (health, education, population and development and a number of other fields).
4. Protection of the environment and natural resources.
5. Strengthening the institutional capacities and human resources development; technology transfer, capacity building and research.
6. A number of other areas as determined by the Prime Minister.
Article 4. Explanation of terms The following terms are used in this regulation be interpreted as follows: 1. "management processes, using ODA" is the activity with the following specific steps: a) list building programs, ODA projects (hereinafter referred to as the "program," project) funding request for each donor;
b) prepared the programme, projects, including signing program, project;
c) program implementation, the project;
d) monitor and evaluate programs and projects (including assessment of programs, projects); trials, settlement and delivery of the program, the results of the project.
2. "ODA funding request list" is a list of programs and projects by the Ministry of planning and investment in General from the list of programs or projects funded by ODA requirements of the governing body, to be the Prime Minister for approval according to article 8 of this Regulation as the basis for mobilizing ODA funding for each sponsor.
3. "official sponsor list" is the category of ODA funding request has been approved by donors in principle of funding for ODA programs, projects in the category.
4. "project" is a collection of activities that are related to each other in order to achieve one or more objectives identified, were made on specific geographical areas, in the period of time determined, based on the identified resource. The project consists of investment projects and technical assistance projects.
5. "project" means the project to new, expanding or renovating the facility to achieve the growth in numbers or maintain, improve, improve the quality of your product or service, is done on specific geographical areas, during the period specified. The investment projects include two types: a) "investment project of construction" is the investment projects related to the new building, expanding or renovating these buildings for the purpose of developing, maintaining, and improving the quality of works, products or services.
b) "other projects" is not of type project "project construction works".
6. "the technical support project" is a project aimed at supporting institutional and capacity development or provide technical inputs to the preparation, implementation of programs and projects through the activities provide expert training, support equipment, data and documents , visiting survey, workshops.
7. "national important project" is a project by the National Assembly through and decided the investment policy prescribed by the current legislation.
8. "the program, project attached policy framework" is the program, projects, policies, economic reforms, macro-sectors, areas where the Government of the Socialist Republic of Vietnam is committed to follow a certain roadmap, have the support of the finance and (or) techniques of the sponsor.

9. "the program" is a set of activities, the projects are related to each other and can relate to one or more departments, sectors, regions, many different entities in order to achieve one or more objectives identified, have relatively long implementation period or in various stages of , resources to perform can be mobilized from various sources in the different times, with many different methods.
10. "reach the program or sector" is the method of providing ODA, under which donors based on program development of an industry, a sector to support a synchronous way, ensure sustainable development and effective of the industry and field.
11. "budget support" is a method of providing ODA ODA grants which are not tied to one or a number of specific projects that are delivered directly into the budget of the State Socialist Republic Vietnam, are managed and used according to the rules and procedures of the budget of Vietnam.
12. "loans or non-refundable aid not tied to" ODA loan with or clause is not refundable not accompanied by binding provisions related to offer and buy goods and services.
13. "loans or non-refundable aid that bind" is the equal of ODA loan terms or non-refundable with the conditions concerning the provision and procurement of goods and services from a number of vendors or certain countries due to the sponsor decision.
14. "the international treaties about ODA" is the written agreement was signed on behalf of the State or on behalf of the Government of the Socialist Republic of Vietnam with one or more donors on issues related to ODA. International treaties on the ODA includes: a) "the international treaty framework on ODA" is international treaties about ODA commitment on the principles and the General conditions of cooperation for development, with content related to: strategy, policy, development cooperation framework framework, priority direction in the provision and use of ODA; the field, the ODA project or program funding agreement; ODA commitments and the framework conditions for a year or years for programs and projects; the principles and practices of planning management, program implementation, project.
b) "specific international treaties about ODA" is international treaties about ODA commitment about funding for specific projects, programmes or budget support, the main content includes: objectives, activities, results to be achieved, implementation plan, conditions of funding, capital, capital structure , obligations, powers and responsibilities of each party, the principles, should comply with standards in management, programme, project and the conditions of disbursement, repayment conditions for loans for the program, project.
15. "governing body programs, ODA projects" (The investment decision for the project or the decision approving the project and technical support) is the Ministry, ministerial-level agencies, Government-affiliated agencies, the Central Agency of social and political organizations, professional organizations affiliated agencies, Parliament, the Supreme People's Court, the Supreme People's Procuratorate and the provincial people's Committee, the central cities (hereinafter referred to as "the Committee") has a program, project.
16. "the program, the ODA project" (the investor for the program, project, project owners for programs, technical assistance projects-here referred to is the owner of the project) is to be the Prime Minister or governing body stated in paragraph 15 of this direct management responsibility , using ODA and reciprocal capital to implement the programme, projects under the content has been approved by the authority, management, and use of works after the program, the project ends.
17. "Inherently bad" is the Vietnam's contribution in kind and value to the preparation and implementation of the programme, ODA projects, as specified in article 26 of this regulation.
Chapter II MOBILIZATION of ODA, SIGNED INTERNATIONAL TREATIES, ODA FRAMEWORK on article 5. Grassroots mobilization of ODA ODA mobilization was done on the basis of: 1. The strategy for socio-economic development.
2. Planning, socio-economic development plan 5-year and annual society of the country, the industry, and the local region.
3. the comprehensive strategy on growth and poverty, and poverty reduction (CPRGS).
4. The national strategy of borrowing and repayment of foreign countries and medium term debt management program of the country.
5. The direction of attraction and use of ODA.
6. The public investment program; the national target programme and the objectives of the program, the local industry.
7. Strategy, development cooperation program between Vietnam and other donors.
Article 6. Coordinating the mobilization of ODA 1. The Ministry of planning and investment is the clue to help the Government on the preparation of the Conference Advisory Group donors (CG Conference) and the International Forum on ODA for Vietnam. The Agency granted ministries chaired and coordinated with the Ministry of planning and investment, the preparation and coordination of ODA Conference organized by industry. The provincial people's Committee chaired the Conference organization and mobilization of ODA according to the instructions of the Ministry of planning and investment. Interdisciplinary Conference on ODA mobilization, contact the local Union, led by the Ministry of planning and investment to host or by a different agency chaired by the Prime Minister's decision.
2. the representative of the Socialist Republic of Vietnam abroad in cooperation with the Ministry of planning and investment, Ministry of Foreign Affairs conducts mobilization of ODA to countries, international organizations and receiving representative body that, on the basis of the provisions of article 5 of this regulation.
Article 7. Directory of ODA funding requirements 1. Directory of ODA funding request includes the program, projects are selected, arranged in order of precedence to each specific sponsors.
2. The sequence list building requires ODA funding include the following: a) the governing body active list building requires ODA funding is based on the provisions of article 5 of this regulation, and taking into account:-the support needs of the field of management jurisdiction governing body; the capacity to receive and manage ODA of the governing body and of the project is expected to be delivered to program implementation, ODA projects; the system of allocation and priority criterion using ODA by sector and by the local Ministry of planning and investment issued;
-Policy, the ODA commitments and funding conditions; the list of programs, projects in the report the results of annual negotiations with the donors concerned; medium term funding programs of a number of donors; review schedule of each donor funding by the Ministry of planning and investment announced publicly.
b) governing body sent the Ministry of planning and investment, ODA funding request catalog accompanied a detailed outline of each program, projects with the following principal contents:-context, the necessity of the program, projects in the master plan, the development plan of local branches and beneficiaries;
-Report on the program, similar projects have been undertaken and are preparing to implement in the field of management jurisdiction governing body, there are reviews of the program, the project has been receiving before that;
-Objectives, scale and location of the program's implementation, the project;
-Reason analysis of options and advantages of the sponsor;
-The content of the component items, the operation of the program, projects;
-Analysis of preliminary selection, technical assistance projects, construction projects and technological variants (if any);
-Preliminary analysis of feasibility of program, project (economics, finance, technology, capacity implementation);

-Recommendations on domestic financial mechanisms for programs and projects; proposed method of providing ODA;
-Preliminary analysis of efficiency directly for undertaken unit and the impact of economic, social and environmental programs, projects for the industry, and local areas;
-The capacity of the project is expected to be delivered to program implementation, the project, including the financial capacity (for the program, the loan project to explain the possibility of repayment plans and programs, projects);
-The expected total cost of program implementation, including ODA projects, the source and the form provides reciprocal capital;
-Scheduled start time and the end of the programme, the project;
-Sustainability of the program, after the project ends.
c) Ministry of planning and investment to host, in cooperation with the State administration of ODA, bodies and relevant donor choice programs, ODA projects put into ODA funding requirements list on the basis of the criteria system of priority allocation and use of ODA by sector and location.
d) Ministry of planning and investment, the Prime Minister's approval required categories of funding ODA according to the contents specified in article 8 of this regulation.
After you have decided the Prime Minister's approval, the Ministry of planning and investment announced for each category required donor ODA funding.
DD) Ministry of planning and investment announced for the governing body official sponsorship categories to launch the next preparation according to the provisions of chapter III of this regulation.
3. For programs and projects which the governing body and the sponsor agreed to propose funding but is not in the list of ODA funding request has been approved by the Prime Minister, the Ministry of planning and investment to host, in cooperation with the relevant agencies to consider, the Prime allows additional program that project, on the list of official sponsors.
Article 8. The Prime Minister's decision to approve the list of ODA funding request approval decision required ODA funding portfolios of Prime contains the following: 1. The name of the program, and project sponsors.
2. The governing body of programs and projects.
3. objective and results of program, project.
4. Scheduled start time and the end of the program, projects.
5. the expected limits, types of ODA (non-refundable aid, loans) of the program, projects.
6. financial mechanisms and Sources of water for the program, project.
Article 9. The proposed responsibilities, sequence, procedure of signing international treaties about ODA Framework 1. The Ministry of planning and investment requirements, based on the results of the ODA, the stadium hosted, in cooperation with the relevant agencies in the Government on the signing of the international treaty framework on ODA.
2. Order the procedure, to decide on the signing of the international treaty framework on ODA be taken according to the provisions of the law on signing, joining and implementing international treaties.
3. after the decision agreed to by the Government, the Ministry of planning and investment, conducting of negotiations, to sign the international treaty framework on ODA.
Chapter III preparation, appraisal, APPROVAL of the PROGRAMME CONTENT, the ODA PROJECT article 10. The Mission of the governing body with respect to the program, the project authority approval decision (or decisions) of the governing body in the category of official funding after the Ministry of planning and investment announced official funding categories, the governing body has the task : 1. The decision on the project according to the rules below: a) for programs, projects, project owners must ensure the conditions under the provisions of the current law on investment management and construction;
b) with respect to the program, technical assistance projects, the project owner must ensure:-the functions, tasks and activities consistent with the goals and content of the programme, technical assistance projects;
-There are other necessary conditions pursuant to the provisions of the law.
2. Assist project owners Guide, perform the following tasks: a) preparing documents establishing the programme, projects on the basis of the list of official sponsors; ensure the construction progress, the quality of the content of the program documents, project;
b) organizations mobilize appropriate resources for the preparation of the programme and projects;
c) plan the preparation of the program, projects with the following principal contents:-the objectives and results to be achieved of the preparation process, accompanied by a detailed outline and content requirements for project, program documents;
-The order of the steps to prepare, the results of each step, mainly caters for each result;
-Assigned implementation and identify the objects need to be attracted to join the preparatory process;
-Clearly identify differences in regulations and procedures between Vietnam and donors, should measures taken to implement the provisions and procedures of both sides;
-Complete schedule of activities, the results of the process of preparation and mobilization schedules the corresponding input; clearly identify requirements for personnel, training, funding, media work, including training requirements for the preparation and implementation of projects.
3. Evaluation and investment decisions (or approved program documents, technical assistance projects) under current rules on investment management, the construction and the management and use of ODA.
Article 11. The task of the master project in the preparation of the content of programs, projects in the category of official funding 1. Preparing investment projects: a) for important national projects: project owners follow the current rules of law for national important projects;
b) with respect to the remaining project: project selection consultancy projects; check out reviews, comprehensive responsibility of project profile as the browser; Please opinions of ministries, sectors, localities involved to complete the project; the Agency has the authority to organize the evaluation and project investment decisions.
In the case of donor support to the preparation of investment projects in Vietnam through a technical assistance project, in addition to compliance with the above provisions, the project owner must comply with the agreement of the technical assistance instrument according to the principles specified in paragraph 5 to article 2 of this regulation.
2. Prepare the program:-Server programming projects using ODA capital sources; check out reviews, comprehensive responsibility about the content of the program; consulted the ministries, local and other related entities or join and enjoy the benefits of the program;
-Project agreement with the sponsor of the program documents and content deployment process and procedure of evaluation and appropriate program approval article 19 of this regulation.
3. Prepare technical assistance projects:-active project Owners or with the support of donors established project documents technical support; Please opinions of related agencies, especially in industry, management agency about the content of the programme, technical assistance projects;
-Project agreement with the sponsor for the content text technical support projects and the Agency has the authority to organize the evaluation and approval of the project.
Article 12. Which prepared the program, project 1. The program, projects on the list of official sponsors are the basis for planning of capital projects, program preparation. Preparation programs, capital projects can include the account below: a) the cost of research, investigations, surveys, collect, analyze and synthesize data;
b) costs created documents program, project;
c) costs of additional evaluation, program documents, complete the project until it was approved by the authority;

d) costs necessary for training, capacity building for core staff for program management, project.
2. for the programme, the projects are allocated from the State budget, planning capital project owners prepared to sum up on the annual general budget plan of the governing body. The approval process, the allocation of capital to prepare the program, project allocations made under the provisions of the law on the State budget.
The case for capital planning point preparation program, the project was sponsored review did not coincide with the annual budget plan, governing body balance in the total capital to prepare the programme, the project has been allocated; in the case of non-self-balance to be sent in writing to the Ministry of planning and investment, Ministry of finance require consideration, decided to advance the capital and then deducted from capital budget plan preparation program, a project of the next financial year.
3. The programs, projects in the State budget from the loan or a part, a part owner of the project, the loan balance and position self preparation programs, capital projects.
4. where donors provide financial support through the technical support project to prepare the program, project, project owners have a responsibility to report to prepares capital plan program, annual project of the governing body.
Article 13. Document projects using ODA capital investment project documents use ODA must be built according to the current rules on the management of investments, construction, taking into account the contents below on the basis of peculiarity and ODA's requirements: 1. The position, the role of the project in the development of the industry , local.
2. Why use ODA, the strength of the sponsor about technology, management experience, policy advice in the field.
3. Financial mechanisms in the country for ODA projects, analyze financial performance, social-economic efficiency of the program, projects using ODA, to the binding specified by the sponsor, determine repayment plans for ODA loans.
4. balance of capital resources and capabilities for the application.
5. Expects the overall plan and implementation plan for the first year, including the shopping plan, training, capacity building, planning clearance (if applicable).
6. Evaluate the risks and the measures proposed to remedy.
7. Plan to monitor and evaluate the project.
8. The sustainability of the project after the end.
9. organizational capacity, the project management (including financial capability) of the project.
In the case of investment projects in the instrument is built according to the model of the donor, the contents mentioned above must be included in the process of cooperation with donors to build this instrument ensure harmonization between the processes, the procedures of Vietnam and of the sponsors.
Article 14. Documents technical support projects using ODA documents technical support projects using ODA had mainly the following: 1. The context and the necessity of the project in the frame of the planning framework, planning the long term development of the ODA beneficiaries (Agency, the industry , field, local).
2. short-term objectives and long-term goals of technical support.
3. The results of the technical support and the ability to apply in practice.
4. The principal activities of the technical support.
5. Obligation of the Vietnam commitment.
6. The total value of the funding, plans to use the funding, how to allocate capital for each operation according to the specified criteria, the financial mechanism of the project, the rules regarding disbursement, payment, accounting and capital management responsibility.
7. reciprocal Capital and sources guaranteeing.
8. The method of project management organization.
9. Expects the overall planning and execution of the project plan in the first year.
10. Evaluate the risks and the measures proposed to remedy.
11. Plan to monitor and evaluate the project.
12. The sustainability of the project after the end.
13. organizational capacity, the project manager of the project.
In the case of documents the technical support project is built according to the model of the donor, the contents mentioned above must be included in the process of cooperation with donors to build this instrument ensure harmonization between the processes, the procedures of Vietnam and of the sponsors.
Article 15. Program documents using ODA program documents using ODA had mainly the following: 1. The context and the need for the program in the planning framework, planning the long term development of the ODA beneficiaries (agencies, branches, sectors, local).
2. The overall goal, the objective component, the component project content (if any) or content component and main activities.
3. a detailed outline for each project component or components.
4. Total capital and funding for the program, plans to use the funding; domestic financing mechanisms for the program.
5. organizational structure of the programme.
6. Method of managing resources.
7. Expects the overall plan and implementation program in the first year.
8. Evaluate the risks and the measures proposed to remedy.
9. Plan to monitor and evaluate the program.
10. The sustainability of the program after the finish.
11. organizational capacity, the programme management (including financial capability) of the program; organizational capacity, the project manager of project components.
In the case of program documents are built according to the model of the donor, the contents mentioned above must be included in the process of cooperation with donors to build this instrument ensure harmonization between the processes, the procedures of Vietnam and of the sponsors.
Article 16. Evaluation of the program, project 1. Program documents, projects the Agency has the jurisdiction to organize the evaluation to be consistent with the program's content, the project in the category of official funding.
2. the program documents and projects referred to in Articles 13, 14 and 15 of this regulation and the accompanying documentation (including the additional adjustment, text) must be verified by the authorized, approved as the basis for negotiation, signature and implementation of the international treaties specifically about ODA with the sponsor.
3. for the programme, projects under the authority of the Prime Minister's approval in paragraph 1 article 19 of this Regulation:-with regard to point a): the evaluation done by the current rules of the National Assembly of the Socialist Republic of Vietnam and the current law on the project, important works by the National Congress decided to investment undertakings;
-With regard to point b): governing body evaluation and the Prime Minister approved program documents, projects and allow the implementation of the program, projects.
4. for the programme, the projects approved by the authority of the head of the governing body specified in item 2 of this regulation article 19: the sequences, procedures, evaluation of content made in accordance with the current legislation.
5. host agency evaluators may request the specialized agencies at Central and local levels, the advisory organization and independent consultants support program evaluation, project.
6. the evaluation profile was established 11 of Ministry for the program, projects approved under the authority of the Prime Minister, including at least 1 original sets. Documents in a foreign language must be accompanied by Vietnamese translations.

7. In the course of the evaluation, the Agency chaired the Organization the evaluation must consider the sequences, procedures and progress evaluation of the sponsor to ensure the coordination and harmony needed, considering the content deals with sponsors, comments evaluation of sponsor or sponsor's representatives. Ideas or differing opinions between the parties must be reflected in the evaluation report.
8. host agency evaluators must take the opinions of the relevant authorities, reporting the evaluation process approved by the authorized content documents program, project. The appraisal report must accompany the draft decision approving the content of programs and projects.
9. The authorities involved appraisal is responsible for the content of programs, projects related to the functions and duties under the provisions of the law.
Article 17. Program evaluation profile, the profile project appraisal includes: 1. the suggestion Sheet approval program, the project of the governing body (for programs, projects approved under the authority of the Prime Minister); of the project (for programs, projects approved under the authority of the governing body);
2. The notice of the Ministry of planning and investment official sponsorship categories;
3. the program documents, project (in both Vietnamese and foreign languages, if any);
4. The texts and comments of the agencies involved in the preparation of programs, projects and texts of the agreement, a memorandum of understanding with the sponsor or the sponsor's representative, the report of the expert group evaluation made at the request of the sponsor (if any);
5. the financial statements of the project in three years, confirmed by the governing body (for programs and projects under the loan mechanism).
Article 18. Content, process and timelines evaluation program, project 1. Content, process and program evaluation period, the project made under the provisions of the current law on investment management, construction.
2. Ministry of planning and investment to guide the content, process and program evaluation period, technical support projects.
Evaluation period not exceeding 45 days for programs, projects and not so 15 days work for technical assistance projects since getting enough valid records according to article 17 of this regulation, within a period of 10 days from the date of the program, the project was approved by the authorized under the provisions of article 19 of this regulation governing body, sent the Ministry of planning and investment and the Ministry of finance program evaluation report, the project and decided to approve the program, project (certified copies), accompanied by documents program, approved projects have stamped.
Article 19. The authority approved the program, ODA projects 1. Prime: a) decided to invest program, national key project;
b) program approval, the project attached to the policy framework and program, technical assistance projects in the field of security and defence.
2. The head of the governing body of the program, the project investment decision programs, investment projects and approval of programmes, technical assistance projects not subject to the provisions in clause 1 of this article.
Within 10 days from the date of the valuation report of the host agency, heads the governing body approval decision for the programs and projects as defined in paragraph 2 of this Article.
Chapter IV CONCLUDING INTERNATIONAL TREATIES SPECIFICALLY ABOUT ODA article 20. The proposed facility signed international treaties specifically about ODA basis proposed signing international treaties specifically on ODA is program, the project has been approved by the authority in accordance with articles 13, 14, 15 and 19 of this regulation.
Article 21. Responsibility for the Government on the signing of international treaties specifically about ODA 1. The Supreme People's Court, the Supreme People's Procuracy, Ministry, ministerial authority, the Government agency in the Government on the signing of international treaties specifically on ODA for the program, his agency projects, after the proposal of the project owner.
After the proposal of the governing body, the State Bank of Vietnam presided, in cooperation with the relevant agencies in the Government on the signing of international treaties specifically about ODA with the international financial institutions referred to in paragraph 1 to article 42 of this regulation; The Ministry of finance, in cooperation with the relevant agencies in the Government on the signing of international treaties specifically about ODA other loans.
2. the responsibility of the Government on the signing of international treaties specifically on ODA for the program, projects on the governing body not specified in clause 1 of this article by the Ministry of planning and investment to make, after a proposal of the governing body, the ODA project program.
Article 22. Order and procedure of signing international treaties specifically about ODA 1. Order and procedure of signing international treaties specifically on ODA are made according to the provisions of the current law on signing, joining and implementing international treaties.
2. Organs of the Government on the signing of international treaties the provisions in clause 1 article 21 of this regulation, in coordination with relevant agencies to conduct negotiations, signed international treaties specifically about ODA after the authoritative decisions of the Government.
3. after a decision is authorized in writing by the Government on negotiations, signed international treaties specifically about ODA, the Ministry of planning and investment to host, in cooperation with the governing body not subject to the provisions in clause 1 article 21 and other related agencies to conduct negotiations, signed international treaties specifically on ODA for the program , projects in the field of responsibility of the governing body.
Chapter V MANAGEMENT PROGRAM IMPLEMENTATION, ODA PROJECTS in Article 23. The duties, responsibilities and authority of the governing body 1. Ensure program investment decisions, project goals, consistent with the planning, planning, proper law, effectively; ensure the ability to recover the capital investment and the repayment of the loan (for programs, ODA loan projects); sure enough reciprocal capital according to the schedule agreed with the sponsor. Make sure the program of technical assistance projects, achieve your goals and institutional capacity in the field of management.
2. Approval of the content in the process of selecting contractors under the provisions of the current law on bidding.
3. Inspect, monitor the implementation of programs and projects of the project during implementation of the program, projects.
4. Build and implement measures according to the provisions of the current law on the prevention and fight against corruption, waste, use of the wrong purpose capital affect the program's goals, projects and national prestige.
5. Responsible in accordance with the current legislation regarding the violation of the rules on jurisdiction in the project selection process, appraisal, investment decisions and approval of project documents and technical support as well as monitoring the implementation of the program, projects.
6. Responsibility under the provisions of the law on the deployment is slow, not true to the investment decision and the decision to approve the text of the program, technical assistance projects; about having the wrong date in the process of implementing the programme, the project cause loss, waste and corruption.
7. The other rights and responsibilities as prescribed by law.
Article 24. The duties, responsibilities and powers of the holder of the project 1. The duties, responsibilities and powers:

a) organization manage and implement programs and projects; the signing of the contract under the provisions of the law. If direct program management, project, project owners must ensure there is sufficient capacity, the project manager, the competent bodies are allowed and are recorded in the investment decision or the decision approving the programme, projects;
b) organize due diligence, technical design, approval of estimation, estimation of the projects;
c) negotiation, signing, monitoring the implementation of the contract and handle breach of the contract;
d) recommendations to the governing body on policy mechanisms ensure the implementation of programs and projects consistent with international commitments;
DD) The other rights and responsibilities as prescribed by law.
2. Tasks, responsibilities and specific powers: a) make bidding under the provisions of the current law on bidding;
b) providing information, documents relating to the contract and party planning and implementation of programs and projects; responsible for the legal basis and the reliability of the information and documents provided; records, documents about the programme, projects under the provisions of the law;
c) is responsible for the continuous, comprehensive management of using investment capital from when preparing the investment, make investments and take the program, projects to harness the use, recovery and return of ODA loans (lending case again).
d) supervising, evaluating projects, management of programs and projects;
DD) comprehensive responsibility violations in the process of program management, project caused harmful consequences to the economy, society, environment, environment and national reputation;
e) is responsible under the provisions of the law, may have to compensate damage to the economy or to change the owner of the project, for the slow deployment, not true to the investment decision and the decision to approve the text of the program, technical assistance projects, which cause losses, waste and corruption , affect the targets and the effectiveness of the program, projects;
g) The other rights and responsibilities as prescribed by law.
3. When changing the project then new project owners must be responsible for the entire inheritance rights and responsibilities, the obligations of the previous project owners, except the responsibility due to violations of the previous project.
Article 25. Establishment of program management, projects (project management) 1. Pursuant to this clause 4, the owner of the project decision established project management right after the program documents, the project was approved by the authority.
2. Pursuant to this clause 4, the governing body issued a decision establishing the Project Management Committee for the program, project technical support immediately after the program documents, technical assistance projects are approved by the authority.
3. Project Owner can hire a consultant project management according to the provisions of the law.
4. Ministry of planning and investment issued circulars about the organizational structure and functions, the task of project management.
Article 26. Reciprocal capital prepared to make and execute the program, project 1. The program, projects must be guaranteed sufficient capital to prepare for implementation and the implementation of programs and projects. Source, the level of capital and capital for mechanisms tailored to the content outlined in the Prime Minister's decision to approve the funding request list as defined in article 8 of this regulation.
2. reciprocal Capital prepared to make and execute the program, the project could include the following: a) costs for program management, project (wages, bonuses, allowances, Office, media work, administrative expenses, tracking, project evaluation, quality monitoring, testing, delivery , settlement);
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 of the community;
g) costs of services and facilities in the country give foreign contractors working under contract in Vietnam;
h) costs the Organization hire, personal evaluation, monitoring, program evaluation, project;
I) pay indirect taxes, customs fees, premiums under current rules;
k) paying interest rates, deposits, fees and other related fees are charged for the time in foreign construction;
l) receiving equipment cost and domestic shipping;
m) audit costs;
n) cost of making a number of basic activities of the program, project (survey, design, engineering, construction; clearance, relief and resettlement, the construction of a number of projects, some shopping, equipment);
o) costs and other reasonable expenses.
3. For programs and projects in an allocated from the State budget, the governing body is responsible for reciprocal capital balance in planning annual budgets under the provisions of current legislation; ensure full reciprocal capital, promptly, in accordance with the schedule specified in the program documents, the project has been approved by the authority, in accordance with the provisions of the law on the State budget and international treaties on ODA which the Socialist Republic of Vietnam is a member.
4. for the program, project loans from the State budget and programs, project part, part for lending: project owners must take care of the entire capital and must fully explain the capabilities and capital guarantee plan before signing the loan contract. In this case, the owner of the project is the first priority of the loan from the State's credit source for reciprocal capital account.
Cases of sudden difficulty of reciprocal capital, the project owner must report the governing body to take measures to solve.
5. With regard to the programs and projects in an allocated from the State budget but not yet up reciprocal capital disposition in the annual budget plan, or have sudden needs on reciprocal capital, as proposed by the governing body, the Ministry of planning and investment, chaired , in cooperation with the Ministry of finance handling according to the authority, or the Authority decided to advance budgeting the following year to perform. The governing body is responsible for coordinating with relevant agencies arranged budgeting year after repayment of State budget has.
6. The governing body is allowed to transfer the reciprocal capital has been allocated in the plan from the program, projects not handled reciprocal capital has been deployed as planned in the year to the program, other projects have reciprocal capital needs, but the capital has arranged the plan does not meet.
Article 27. Advance capital to implement programs and projects where there is urgent need of advance capital to implement a number of programs and projects in an allocated from the State budget were committed funding from ODA and was recorded in financial planning that has not drawn are ODA The Ministry of planning and investment to host, in cooperation with the Ministry of finance review, decided to advance the capital from the State budget on the basis of the text explanation of the governing body and the text of the agreement of the sponsors. This stake will be the State Treasury levels recovered again when ODA disbursements allocated to that category.
Article 28. Taxes for these programs and projects

The tax applies to the program, the project made under the provisions of the current law on taxation and international treaties on ODA which the Socialist Republic of Vietnam is a member.
Article 29. Compensation, clearance and resettlement of 1. The compensation, clearance and resettlement programmes, projects implemented under existing laws and international treaties on ODA which the Socialist Republic of Vietnam is a member.
2. browser profile compensation plans, clearance and resettlement of the program, projects must have official commitment in writing of the authorized agency clearance and resettlement on the progress, the time limit for completion of compensation, clearance and resettlement match progress of each package in the program , project.
Article 30. Bidding for The tender to carry out the program, projects must comply with the provisions of the current law on bidding and international treaties on ODA which the Socialist Republic of Vietnam is a member.
Article 31. Adjust, modify, Supplement program content, projects in process of implementation 1. In the case of the tuning, modification, additional programme content, the project in the process leading to: a) change of specific international treaties on ODA has signed: the governing body made the provisions of the law on signing, joining and implementing international treaties;
b) change of the financial mechanism in the water or the conditions for the loan back in the country to apply for the program, project: governing body reports the Finance Ministry and the Ministry of planning and investment, the Prime Minister's decision.
2. In case the sponsor approval to use the surplus capital following the tender of the project loan program (capital balance is the difference between the total value of the funding provisions in international treaties of ODA have signed and of overall results choose the approved contractor) : a) If the use of that stake to implement the program, the new priority direction project to promote the effectiveness of the program, projects are performed: governing body sent the Ministry of planning and investment justification attached documents program, the project is expected to use the excess capital to the Ministry of planning and investment in coordination with related agencies see review, the prime consideration, decided to use excess capital;
b) If the use of surplus capital to supplement the volume within the program, the project is being implemented: the Governing Body decided to use excess capital.
Article 32. Construction management, testing, delivery, settlement 1. For investment projects, the evaluation, technical design and approval of estimation, building license, management, quality, delivery, warranty, insurance of construction works are carried out according to the provisions of the current law on investment management and construction.
2. With regard to programmes, technical assistance projects, once completed, the governing body governing the Organization and conducting the 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 settlement program, the project must be made consistent with the provisions of the current legislation and the international treaties on ODA are in force for Vietnam.
Chapter VI FOLLOW-UP, assessment programs, ODA PROJECTS in Article 33. Program tracking, project tracking program, the project is operating regularly and periodically updated all the information related to the implementation of programs and projects; classification and analysis of information; in time the proposals serve the decision-making of the management level to ensure that programs, projects are done right goals, schedule, and quality assurance within the framework of the resources have been identified.
Article 34. Reviews of the program, project 1. Reviews of the project activity is periodically reviewed, comprehensive, systematic and objective about the relevance, effectiveness, efficiency, impact and sustainability of the program level, the project to have these necessary adjustments and draw the lessons of experience to apply for the next implementation period and apply to the program other projects.
2. Evaluation be conducted periodically and irregularly (when necessary). Periodic evaluation is conducted according to the 4 stages: a) the initial assessment: proceed immediately after starting the programme, the project aims to consider the actual situation of the programme, the project compared to the approved documents to take measures to handle right from technical design and detailed implementation planning;
b) mid-term evaluation: proceed to the middle of the duration of the program, the project aims to consider the process from the beginning and to propose the necessary adjustments;
c) review ends: proceed immediately after the end of the programme, the project aims to review the results achieved and of the entire implementation process, draw the necessary experience as the basis of reporting the end of the program, projects;
d): impact assessment conducted on an appropriate time within 3 years from the date of putting the program, projects on tap, used to clarify the effectiveness, sustainability and socio-economic impacts of the program, the project compared to the original target.
3. planning, organization, implementation and evaluation of funding from ODA, the reciprocal capital or other capital source, must be specified and defined in program documents, projects and must conform to the properties of each type of program or project.
Article 35. Responsible for tracking, reviews the program, project 1. Project Management Committee is responsible for monitoring, regular reviews of the program, the project according to the rules below: a) the overall planning and detailed annual plan implementation program, the project, which clearly define the resources used, the progress made, the time limit for completion the quality objectives, and the resulting acceptance criteria for each program activity, the project to make the basis of tracking, reviews. The overall plan of the project project management must be prepared before the start of the program, project 3, and must be approved by the project owner. Detailed annual plans must be built on the basis of uniform with the sponsor and the project approval consistent with the schedule of the annual plans of the governing body;
b) set up an internal information system, gather and archive all information, data, documents, records, books, vouchers, the program's project, report of the contractor, the change in policy, the laws of the State and the provisions of the sponsor regarding the management of implementation;
c) reporting made according to the regulations, provide, share information through the information system to track, evaluate, rank, local and national level;
d) Hired consultants to conduct reviews in the beginning, middle and end according to the feasibility report content or documents program, the project has been approved; do clues in coordination with the sponsor or the competent authority to evaluate the program, project.
2. Project Owner is responsible for directing, urging, project management support in the monitoring, evaluation, project. The case had difficulties and obstacles that do not handle, the owner must timely project suggested the authority to resolve.

3. the project Owners have a responsibility to publicize with political institutions, civil society, local government and elected bodies at the geographical programme, the project on purpose, the content of the activities, the scale of ODA and reciprocal capital of program, project; organizational structure and operational rules of the project management committee to enlist the community's monitoring of the implementation process.
4. The governing body is responsible for monitoring the implementation of the program, the project management authority; full and timely response to the report of the project; conduct analysis of categories of programs and projects to determine the extent of implementation.
5. The governing body has the responsibility to consider the results of the reviews of the program, project by project management competence in the proceeding. In the case of necessary governing body in collaboration with donors and other relevant agencies held unscheduled review of programs and projects.
6. Ministry of planning and investment to host, in cooperation with the State administration of ODA, on the basis of the functions and duties provided for in Chapter VII of this regulation, make the monitoring reviews of capacity management implementation of programs and projects in the governing body and track at the national level, the evaluation of the programs and projects.
The Ministry of planning and investment has a responsibility to respond to the report received from the governing body to constantly improve the management and implementation of ODA.
In case of need, the Ministry of planning and investment, Ministry of finance, Ministry of industry and local management to establish missions of interdisciplinary work directly with project owners and project management to review, evaluate and resolve according to competence the recommendations related to the program , that project. With regard to the problem of excess of jurisdiction, the Ministry of planning and investment is responsible for synthesizing the opinions of the relevant authorities the prime consideration, decision.
7. Ministry of planning and investment to host, in cooperation with relevant agencies and donors built the national database on ODA to serve the monitoring and evaluation of programmes, ODA projects as well as serves the information needs of this capital.
8. General Statistics Bureau, in coordination with the Ministry of planning and investment to build and synthesize statistical indicators on the situation of receiving and using ODA capital to reflect on the system of national statistics on the situation of socio-economic development.
Article 36. Program implementation reports, project 1. In the process of implementing the program, project, project management must develop and submit the reports specified below for project owners, project owners submit to the governing body, the Ministry of planning and investment, Ministry of finance and the provincial people's Committee where program execution, project : a), report, at the latest 10 days after the end of the month (applicable only for programs, investment projects approved under the authority of the Prime Minister);
b) report, at the latest within 15 days after the first quarter;
c) reports a year, at the latest on 31 January the following year;
d) report ends, at the latest 6 months after the end of the programme, the project;
DD) reported on the changes (if any) compared to the content of specific international treaties on ODA has signed.
Reports for sponsors be made as agreed in international treaties related to ODA.
2. At the latest 20 days after each quarter, the governing body established a synthetic report about results of mobilization of ODA, the report reviews the implementation of the program, project management authority and submitted to the Ministry of planning and investment, Ministry of finance.
3. Ministry of planning and investment to set up a synthetic report 6 months and reports in terms of attraction and use of ODA in the country to the Prime Minister.
4. Ministry of planning and investment to host, in cooperation with the relevant agencies to guide the reporting regime and unified reporting form regarding ODA, gradually harmonized form report on ODA with donors; monitor compliance with ODA reporting at all levels, and to periodically report the Prime Minister on the implementation of this work.
Article 37. Test, inspection and supervision of the reception, management and use of ODA to check, inspect and monitor the reception, management and use of ODA be taken according to the provisions of the current law.
Chapter VII STATE MANAGEMENT of ODA Article 38. Governance of ODA unity Government manages the ODA about the State include the following: 1. Strategic decisions, policies, planning, attraction and orientation using ODA for each period; authorize the Prime Minister approving the category requires ODA funding and the additional amendments (if any) of the category;
2. The promulgation of the legal texts on the management and use of ODA by the authority;
3. Run the macro management and use of ODA.
Article 39. The Mission of the Ministry of planning and investment, Ministry of planning and investment to help the unity Government to manage state on ODA, have the following powers and duties: 1. The clue in the attraction, coordination, management of ODA; presiding over the drafting of the strategy, policy, planning and use of ODA; guide the governing body list building programs, ODA funding requirements projects of each agency to the list of required ODA funding submission to the Prime Minister for approval;
2. Presiding over the drafting process issued or issued under the authority of the legal texts on the management and use of ODA;
3. Lead the preparation of the content, organization, mobilization and coordination of ODA resources according to the authority;
4. Hosted, in cooperation with the relevant agencies of Government about the signing, conducting of negotiations, to sign the international treaty framework on ODA; the Government on the signing of international treaties specifically on ODA for project, program prescribed in clause 2 article 21 of this regulation;
5. Guide units, organisations preparing projects, program; hosted, in cooperation with the Ministry of finance determines the financial mechanism in water using ODA;
6. Assist the relevant authorities prepare content and track the process of negotiating international treaties specifically about ODA with the sponsor;
7. Hosted, in cooperation with the Ministry of finance and planning of ODA disbursements, full and timely disposition of capital to prepare the program, project, which prepared the application for execution and implementation for the programme, projects on an allocated from the State budget in the annual capital plan.
Hosted, in cooperation with the Ministry of finance to handle sudden needs of capital and the demand for the program, advance capital projects as defined in paragraph 5, article 26 and article 27 of this regulation.
8. track, check out the management and implementation of programmes and projects; the urge, to support the implementation of programmes and projects.
Build, operate and improve national systems of monitoring and evaluation of programmes and projects; sharing information with other agencies and donors, effectively exploiting the system.
9. General evaluation of effective use of ODA; report periodically (6 months to a year), irregular and according to special requirements of the party and the State on the State of management, implementation of programs, projects and effectively attract, use of ODA.
10. Do clue handles the issues related to the various ministries; petition the Prime Minister to decide measures to handle the problem of ODA under the authority of the Prime Minister.
11. Compiling and dissemination of guidance document on mobilization, preparation, appraisal, implementation management, monitoring, evaluation of programs, projects are required to harmonize procedures with donors; support the training program management, Project Professional and sustainable direction.

12. Host implementation of synchronous measures to enhance the management and effective use of ODA.
Article 40. The Mission of the Ministry of finance, Ministry of Finance has the following powers and duties: 1. To coordinate with related agencies to build strategic, planning, use of ODA and coordination of ODA; Guide to the preparation of the content of programs, projects related to the conditions of use of capital, financial management, analysis and evaluation of the effective use of ODA.
2. Prepare the content negotiation program, loan projects with donors; According to the Prime Minister's authorization, proceed to negotiate international treaties specifically on ODA loans as prescribed in clause 1 article 21 of this regulation.
3. The official representative for the "borrower" is the State or the Government of the Socialist Republic of Vietnam in the international treaties specifically on ODA loans, even in case the Prime Minister delegated to a different agency chaired the negotiation of international treaties mentioned above.
4. the financial management for the program, project: a) presiding, in cooperation with the relevant agencies to guide financial management regulation for programs and projects;
b) presiding, in cooperation with the Ministry of planning and investment and the bodies concerned the Prime Minister approved the loan conditions in the country to apply for the program, project;
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 on ODA has signed with sponsors;
d) presided over tax policy implementation instructions for the program, project; solve the problems and obstacles related to taxation;
DD) layout which the State budget and other sources of capital (if any) to repay the loan when due in ODA;
e) track, check out the financial management in the use of ODA; accounting organization budget for ODA; amassing funds, payments and repayments for the program, project report and notify the relevant authorities;
g) in collaboration with the Ministry of planning and investment and planning the disbursed ODA capital sources, full and timely disposition of capital to prepare the program, project, which prepared the application for execution and implementation for the programme, the projects are allocated from the State budget in the annual budget estimates; full allocation, schedule of capital for the program, the projects are allocated from the State budget; in collaboration with the Ministry of planning and investment to handle the sudden demand of capital and the demand for capital to advance the programme, projects under the provisions of clause 5, article 26 and article 27 of this regulation;
h) held back lending and recovery of part of the loan program, loan project from the State budget.
Article 41. The Mission of the Department of justice the Department of Justice has the following powers and duties: 1. Evaluation of the international treaties on ODA according to the provisions of the law on signing, joining and implementing international treaties;
2. Provide legal opinions with regard to the international treaties about ODA or other legal issues under the Agency's proposal recommending the signing of international treaties;
3. Evaluation of the contents for the cooperation project in the field of law according to the provisions of the current law.
Article 42. The Mission of the State Bank of Vietnam State Bank of Vietnam has the following powers and duties: 1. To coordinate with related agencies to prepare the content of negotiations; under the authority of the Prime Minister, to conduct negotiations and sign international treaties specifically about ODA with the international financial institutions: the World Bank (WB), International Monetary Fund (IMF), the Asian Development Bank (ADB); the transfer of capital and the whole of the information related to the program, a project for the Ministry of finance after the specific international treaties about ODA effect, except with the agreement of the IMF;
2. In coordination with the Ministry of finance to determine and publish the list of qualified commercial banks authorized to make foreign payment transactions for authorization, ODA loans and financial budgeting repayment in case of need;
3. General periodically (6 months to a year) and inform the Ministry of finance, the Ministry of planning and investment and related agencies about the situation of withdrawal of capital and payments through the system account of the program, projects using ODA opened at the Bank.
43 things. The Mission of the Ministry of Foreign Affairs Ministry of Foreign Affairs has the following powers and duties: 1. To coordinate with related agencies to build and implement the policy direction, the mobilization of ODA as well as the policy partners on the basis of a common foreign policy; join the mobilization of ODA;
2. Join the negotiations, contributing comments to build content draft international treaties on ODA; check the proposed negotiations, signed international treaties on ODA; perform the procedures for foreign about signing and implementing international treaties on ODA;
3. Hosted, in cooperation with the Ministry of planning and investment to steer the Agency of Vietnam's diplomatic representatives abroad conduct mobilization of ODA in accordance with plans, the plan attracted and using ODA in each period.
Article 44. The Mission of the Office of the Government of government offices have the following powers and duties: 1. To help the Government and the Prime Minister's leadership, direction, unified operating state management of ODA;
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; investigation and suggestions 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 regulation.
Article 45. The Mission of the ministries and provincial people Committee 1. Ministries, ministerial agencies, government agencies have a duty: a) in collaboration with the Ministry of planning and investment and related agencies building strategies, planning the direction of attraction and use of ODA; build the policy, measures to coordinate and enhance the effective use of ODA in the field of charge;
b) presiding, in cooperation with the Government authorities on the signing of international treaties specifically on ODA for programs, projects in the field of charge according to the provisions of this regulation;
c) ensure quality and effective use of ODA in the field of charge;
d) implement state management functions for programs, projects under the provisions of the law. When required, the responsible review and comments in writing on issues related to the program, the project in the allotted time.
2. provincial people's Committee has the task of: a) in collaboration with the Ministry of planning and investment, the ministries and relevant agencies to build strategic, planning to attract and use of ODA; build the policy, measures to coordinate and enhance the effective use of ODA on the province, the city;
b) in coordination with the Ministry of planning and investment in the process of the Government on the signing of international treaties specifically on ODA for programs, projects in the field of charge according to the provisions of this regulation;
c) ensure quality and effective use of ODA by direct local management and implementation;
d) is responsible for the recovery of land, clearance, implementation of the policy of resettlement, compensation for the program, the project on the area under the provisions of the law.
Article 46. Rewards and handle breach 1. The Organization, individuals with outstanding achievements in the implementation of this regulation be rewarded according to the provisions of the law on competition rewarded.

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