Decree on issuing regulations and use of official development assistance resources _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;
Basing the Ordinance on signing and implementing international treaties on August 20, 1998;
According to the recommendation of the Minister of planning and investment, the Minister of Justice and Minister, Chairman of the Government Office;
 
DECREE: article 1. Attached to this Decree, regulations and use of official development assistance resources (ODA).
Article 2. This Decree takes effect after 15 days from the date of signing and replacing Decree No. 87/CP dated 11 August 1997 from the Government about issuing regulations and use of official development assistance resources.
Article 3. Within 3 months from the date of this Decree takes effect, all the problems related to the attraction, manage, use and implementation of ODA projects, the program before this Decree in force must be adjusted in accordance with the provisions of this Decree.
Article 4. Minister of planning and investment, the Minister of finance, Minister of Foreign Affairs, the Governor of the State Bank of Vietnam and the heads of the ministries, the organization concerned is responsible for guidance and examine the implementation of this Decree.
Article 5. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, and heads of the relevant organizations responsible for the implementation of this Decree.
 
REGULATIONS and the USE of OFFICIAL DEVELOPMENT ASSISTANCE RESOURCES (attached to Decree No. 17/2001/ND-CP dated 10 May 2001 from the Government) chapter I GENERAL PROVISIONS article 1. Scope 1. This regulation adjusts the activity to attract, manage and use official development assistance sources.
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 sponsors, including: a) a foreign Government;
b) The intergovernmental organizations or United Nations.
2. Form of ODA provided include: a) ODA is not refundable;
b) ODA loan incentives have elements not refundable (also called "the elements") reached at least 25%.
3. The method of providing ODA includes: a) balance of payments support;
b) support program;
c) project support.
Article 2. Basic principles 1. ODA is an important source of State budget, used to support the implementation of the goals of economic and social development priorities.
2. Government systems for the governance of ODA on the basis of decentralization, strengthen accountability and ensure close coordination between levels, management agencies and local industry.
3. The process of attracting, managing and using ODA must comply with the following requirements: a) the Government assumed the role of managing and directing the highly promoted, initiative and responsibility of the governing body and the agency unit;
b) ensure general, unified and synchronized in the management of ODA;
c) to ensure the broad participation of the stakeholders, including the beneficiaries;
d) ensure clarity, transparency about the rights and responsibilities of the parties concerned;
DD) ensure harmonization of procedures between Vietnam and sponsors.
4. The process of attracting, managing and using ODA capital sources are subject to the provisions of the law on the State budget, management and regulation of use of official development assistance resources, regulations of borrowing and repayment of foreign countries and the current management mode of the State. The case of treaties, ODA has been signed between the State or the Government with donor provisions shall comply with the provisions of international treaties.
Article 3. Use ODA priority areas 1. ODA is not refundable for priority programs and projects in the areas of: a) poverty alleviation, first and foremost in the countryside, remote areas;
b) health, population and development;
c) education, development of human resources;
d) social issues (job creation, domestic water supply, disease prevention, prevention of social evils);
DD) protecting the environment, the protection and development of natural resources; Science and technology research capacity, research and development;
e) study preparation program, project development (planning, basic investigation);
g) public administration reform, justice, strengthening the capacity of State management bodies at Central, local and institutional development;
h) some other areas as determined by the Prime Minister.
2. ODA loans are used for priority programs and projects in the areas of: a) poverty alleviation, agriculture and rural development;
b) transport, communication;
c) energy;
d) social infrastructure (public works, health, education and training, water supply, environment protection);
DD) supports a number of manufacturing sectors to solve economic and social problems;
e) balance of payments support;
g) some other areas as determined by the Prime Minister.
In the process, the catalog and the order of the fields is preferred using the ODA will be the Government adjusted to suit each stage of development.
Article 4. The process of attracting, managing and using the ODA process attract, manage, use ODA was conducted by following these steps:

1. List building programs, advocacy and priority projects using ODA.
2. Mobilization of ODA.
3. Negotiations, signing of international treaties framework on ODA.
4. reporting framework on international treaties.
5. Prepare documents program, ODA projects.
6. Due diligence, approval of the programme content, the ODA project.
7. Negotiating, signing, ratification or approval of specific international treaties regarding ODA.
8. implementation of the programme, ODA projects.
9. Monitoring, assessment, testing, settlement and delivery of program results, ODA projects.
Article 5. Explanation of terms In this regulation, a number of terms used to be understood as follows: 1. "project" is a collection of activities that are related to each other in order to achieve one or more objectives identified, be done in a given time limit, based on the identified resource. The project consists of investment projects and technical assistance projects.
2. "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 in the time period specified.
3. "the technical support project" is a project focused primarily on providing software technical factors, including the development of institutional capacity, human resources development, technology transfer or the transfer of knowledge, experience, provide technical inputs to the preparation and implementation of the program , investment projects.
4. "the program" is a set of activities, the projects are related to each other and can involve many technical, economic sector, many Territories, many different subject, be accomplished through interdisciplinary approaches, have relatively long implementation period or in various stages of , and resources to implement can be mobilized from various sources, by many different methods.
5. "the program, ODA projects" is the program, projects that use sources of official development assistance (ODA).
6. "international treaties on ODA" is the written agreement was signed between representatives of the State or the Government of Vietnam with representatives of donors on issues related to ODA, including the agreement, Protocol, program texts, projects and documents exchanged between the parties have equal value.
7. "the international treaty framework on ODA" is international treaties about ODA principles, have content related to: strategy, policy, framing the cooperation framework, the priority directions in the supply and use of ODA; the category of fields, the ODA project or program; ODA commitments and the framework conditions for a year or more years for the program, project; the principles and practices of management plan, implementation of programmes and projects.
8. "international treaties specifically about ODA" is international treaties about ODA commitment about program content, specific projects were funded (objectives, activities, results to be achieved, implementation plan, conditions of funding, capital, capital structure, obligations, powers and responsibilities of each party , the principle, in compliance with required standards management, program implementation, the project and the conditions of disbursement, repayment conditions for loans for the program, project).
9. "people's Committee" is the Committee of provincial, city in Central.
10. "governing body" means the body level ministries, provincial people's Committee, central cities have programs, ODA projects.
11. "project Owner" is the organization assigned the responsibility to directly manage, using ODA and reciprocal capital to implement the programme, projects under the approved content.
12. "Inherently bad" is the value of the resources (cash, in-kind) mobilized in water to prepare and execute the program, the ODA project according to the requirements of the program, projects. Depending on the program, project, reciprocal capital may include all or some of the following components: a) Which prepared the programme, ODA projects: the cost of research, investigations, surveys, collect, analyze and synthesize data;
The cost of establishing the program, the project documents;
The cost of the additional evaluation, program documents, complete the project until it was approved by the authority;
Costs for the preparation of the program and projects (including the necessary costs to training, capacity building for core staff for program management, projects in later stages).
b) which had prepared to make and execute the program, the ODA project: cost for program management, project (wages, bonuses, allowances, Office, media work, administrative expenses, tracking, project evaluation, quality monitoring, testing, delivery, settlement);
The cost of the evaluation design, browser, complete the procedure for investing, building and other necessary administrative procedures;
Cost of tender organization;
Costs for conferences, seminars, training, management and business training programme, the project;
The cost of receiving and disseminating technology, experience, international skills;
The cost of advertising, propaganda programs, projects and activities of the community;
The cost of services and facilities in the country give foreign contractors working under contract in Vietnam;
The cost to hire a personal organizer, appraisal, monitoring, evaluation, project;
Pay indirect taxes, customs fees, premiums under current rules;

Interest payments, deposits, fees and other related fees during construction;
The cost of receiving equipment and domestic shipping;
Audit costs;
The cost of implementing some of the basic operation of the program, project (survey, design, engineering, construction; clearance, relief and resettlement, the construction of some projects, shopping some equipment);
Redundancy and other reasonable expenses.
 
Chapter II ADVOCACY, negotiation, the SIGNING of TREATIES, ODA FRAMEWORK on article 6. Principles of ODA ODA mobilization mobilization was done on the basis of: the strategy of economic development of society, the strategy of borrowing and repayment of foreign, public investment programs, planning, economic development plans of the State societies, national programs, planning and development plans of the local or reception needs, capital, technology, managerial experience, knowledge, competence and use of ODA according to each period.
Article 7. The list of programs, ODA mobilization priority project 1. Before the fourth quarter of each year, the Governing Body informed the Ministry of planning and investment in the text directory of the program, the priority projects for ODA mobilization, accompanied the outline for each program, the project, which stated the need, consistent with the planning, the objectives, the expected results to be achieved primarily, the activities, expected duration of implementation, expected levels of ODA and reciprocal capital, expected domestic financing mechanisms for the use of ODA (allocated from the budget, loan), forecasting the impact of the program, projects on the economy, society and the environment.
2. Ministry of planning and investment to host, in cooperation with the Ministry of finance, Ministry of Foreign Affairs, Government Office, Ministry of Justice (concerning cooperation with foreign law), government officials (related to the field of administrative reform), the Ministry of industry and agency management review , General directory of the program, the priority projects for ODA mobilization of the governing body, established program category, priority projects taken on the report of the Government to mobilize ODA at the annual Conference of the donor Consultative Group (CG Conference).
3. this list is the Ministry of planning and investment to scrutinize, and adjusted annually based on the implementation as well as the new ODA needs arise.
Article 8. Coordinating the mobilization of ODA 1. The Ministry of planning and investment is the focal point of the Government in the preparation of the Conference and the Forum International CG on ODA for Vietnam. The Agency granted ministries chaired the Conference preparation and coordination of ODA by sector with the coordination, co-chaired by the Ministry of planning and investment. The provincial people's Committee chaired the Conference organization and mobilization of ODA by the territory with the guidance of the Ministry of planning and investment.
2. the diplomatic missions of Vietnam abroad actively conducting mobilization of ODA according to the instructions of the Ministry of planning and investment.
Article 9. Negotiating, signing international treaties about ODA Framework 1. The Ministry of planning and investment to host, in cooperation with the Ministry of finance, Ministry of Foreign Affairs, the Office of the Government and the relevant authorities established the list of programs, the ODA project sponsor respectively and the prime consideration for approval.
2. Ministry of planning and investment, coordinated with the Ministry of finance, Ministry of Foreign Affairs, government offices and agencies in need of ODA to prepare the content and conduct of negotiations, signed with sponsors the international treaty framework on ODA.
3. where the content of the draft Convention of the international framework on ODA have these terms do not match with the provisions of the current law, the Ministry of planning and investment to the Organization the written opinions of the Ministry of finance, Ministry of Foreign Affairs, the Ministry of Justice, Ministry of supply agency and the Prime review decision.
4. The signing of the international treaty framework on ODA made under the provisions of the Ordinance on signing and implementing international treaties.
5. after the ODA framework on international treaties were signed, the Ministry of planning and investment announced in writing to the governing body of the programme, the project sponsors agreed to consider funding in each period to proceed with the preparation of the next steps.
6. With regard to the terms of ODA by donor provided under individual projects or programs that are not in the plan and not signing international treaties framework on ODA, the Ministry of planning and investment to host, in cooperation with the Ministry of finance, Ministry of Foreign Affairs, the Office of the Government and the relevant authorities the Prime review the policy, approved and the procedure for receiving.
 
Chapter III preparation, appraisal, APPROVAL of the PROGRAMME CONTENT, the ODA PROJECT article 10. Requires establishment of program documents, the ODA project all programs, ODA project must have written the program, projects are established according to the principal content stipulated in chapter III of this regulation, in accordance with the regulations on the management of investments and construction, current legislation and in accordance with the requirements , the instructions of the sponsor.
Article 11. Domestic financing mechanisms for the use of ODA 1. Domestic financing mechanisms for the use of ODA funds for the program, the project was done under the form: a) allocations from the State budget;
b) loan from the State budget;
c) State allocated a share back part.

2. The application of the financial mechanism in the form of water for each sector, the program, projects using ODA specifically made according to current rules, based on the specific conditions of each project, program and agency, local program implementation, ODA projects.
Article 12. Which preparation programs, ODA projects 1. The program, the ODA project in the category has been approved by the Government and the Prime Minister are the sponsors agreed to consider funding (according to the notice of the Ministry of planning and investment) as the basis for planning the preparation of capital programs, ODA projects every year and many years.
2. For programs, ODA projects in an allocation from the State budget, the governing body established the capital plan prepared to sum up on the general budget plan of local branches. The approval process, the allocation of capital to prepare the program, ODA allocated project made under the provisions of the law on the State budget.
The event program, the project was sponsored review did not coincide with the annual budget plan, the governing body must submit in writing the Ministry of planning and investment, Ministry of finance require consideration, decided to advance the capital from the central budget power, and is then deducted from the capital budget plan preparation program the project, the next financial year.
3. The programs, ODA 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 the sponsor to provide technical support for project preparation, has funded in whole or in part the expense of preparing programs, ODA projects (including training and capacity building program, the project manager for the later stage), the governing body has the responsibility to take on capital plans prepared annually and reported to the Ministry of planning and investment The Finance Ministry, to aggregate and track.
Article 13. The Committee preparing the program, ODA projects 1. Within 15 working days from the date of receiving official notification of the Ministry of planning and investment on the directory of the program, the ODA project has been approved by the Prime Minister and the sponsor agree to consider funding, heads the Governing Body decision established the Committee preparing the program , project, appointed Chief and several key staff of the Board. In the composition of the Committee preparing the program, projects must have a sufficient capacity and conditions to core for program management, projects following stages.
2. The Committee preparing the program, ODA projects are mission: a) research, mastering the rules of the State of Vietnam and sponsors about the process of preparation and implementation of programs and projects;
b) learn to articulate your goals, requirements and conditions set out for the program, project;
c) plan the preparation of the programme, the projects approved by the governing body;
d) clearly identify requirements for personnel, training, funding, the means employed and the relationships that need handling in the course of preparing the program and projects;
DD) Organization to mobilize appropriate resources for the preparation of the programme and projects;
e) as the focal point to coordinate with domestic institutions and sponsors in the process of establishing the program, the project documents;
g) draft regulation on the organisation of activities and the other necessary documents for project management;
h) participated in the negotiation of international treaties specifically on ODA.
Article 14. The content of the plan preparation program, the ODA project plan preparation programs, ODA projects should include the following basic content: 1. Objectives and results to be achieved of the preparation process, accompanied by a detailed outline and content requirements for program documents , project.
2. The order of the steps to prepare, the results of each step, mainly caters for each result.
3. Assigned implementation, organization and specify the objects need to be attracted to join the process of preparation.
4. The difference between the procedure of Vietnam and donor procedures, necessary measures to harmonize procedures.
5. the complete schedule of activities, the results of the process of preparation and mobilization schedules the corresponding input.
Article 15. Feasibility research report programs, investment projects using ODA feasibility research report programs, investment projects using ODA must be built according to the current rules on the management and investment of building and adding the content here on the basis of peculiarity of ODA : 1. The position and the role of the program, projects in development planning, local branches;
2. Why use ODA; the strength of the sponsor about technology, management experience, policy advice in the field.
3. Reviews the binding conditions as specified by the sponsor for the program, ODA projects.
Article 16. Feasibility study report of programs, investment projects using ODA report feasibility study programs, investment projects using ODA must be built according to the current rules on the management and investment of building and additions to content here on the basis of peculiarity of ODA : 1. environmental impact analysis of the program, projects.
2. Analysis of financial performance, economic and social efficiency of the program, the project takes into account the binding specified by the sponsor.
3. The sustainability of the program, after completion of the project (the ability to manage and operate).

Article 17. The content of the program documents, the ODA project technical assistance program documents, technical assistance projects have the following principal contents: 1. The context and the need for the program, a project in the frame of the planning framework, planning the long term development of local branches.
2. Objectives, the content of the activities, especially Advisory operations, the inputs and outputs of each activity and the overall results of the quantitative and/or qualitative of the entire program, project.
3. The obligation of the Vietnam commitment.
4. The total value of the funding, plans to use the funding, how to allocate capital for each operation according to the specified criteria.
5. the reciprocal Capital (cash, in-kind) and reciprocal capital.
6. The method of implementation of programs and projects.
7. The sustainability of the program, after the project ends.
In addition to the above mentioned content, program texts, technical assistance projects can include a number of other content on the basis of the agreement with the donor.
Article 18. Evaluation of the program, the ODA project 1. The program, ODA projects the authority must have due diligence in the category are prime donor approval and funding agreement.
2. the program documents, ODA projects referred to in Articles 15, 16 and 17 of this regulation and the accompanying documentation (including the additional adjustment, text) must be verified by the authorized, approved as the basis for the negotiation, conclusion and implementation of international treaties specifically about ODA with the sponsor.
3. For programs, ODA projects approved under the authority of the Prime Minister specified in clause 1 article 20 of this regulation, the Ministry of planning and investment is the host agency evaluation.
4. With respect to the program, ODA projects approved under the authority of the head of the governing body specified in item 2 of this regulation article 20, the competent approval authorities delegated to subordinate host evaluation.
5. host agency evaluators are permitted to use the specialized agencies at Central and local levels, the advisory organization and independent consultants to assist in the evaluation of programs and projects.
6. In the course of the evaluation, the Agency chaired the Organization the evaluation must consider 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.
7. The authorities involved appraisal is responsible before the law about program content, ODA projects relevant to its jurisdiction.
8. program evaluation records, ODA projects include: a) the evaluation of the proposal Papers project.
b) comments in writing of the head of the governing body (apply for programs and projects approved by the Government by the Prime Minister).
c) program, the project documents (for programs, projects, documents is the feasibility study report or report of feasibility study).
d) the entire text of the bodies involved in the process of preparing the program and projects.
DD) the text of 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).
The evaluation profile was established 8 Ministry for project program under the authority of the Prime Minister's approval, 5 sets for project program approval authority of the head of the governing body, which has at least 1 original sets, all addressed to the host agency appraisal clause 2 and 3 of this article. Documents in a foreign language must be accompanied by Vietnamese translations.
9. host agency evaluation synthesis of the opinions of the relevant authorities, reporting the evaluation process approved by the authorized content documents program, project. The appraisal report must specify comments about appraisal: a) the precision of the Computer the data, arguments, calculation, the conclusions and recommendations outlined in the assessment instrument;
b) viability of the program, projects;
c) the reasonableness of the use of ODA resources for programs and projects;
d) the problems, inadequacies exist, treatment, disposal measures, the organization responsible for handling and processing deadlines;
DD) The commitment to change the mechanism, policy, the differences in the procedures make the program, ODA projects, requirements and prerequisites, conditions of the sponsor with respect to ODA accounts (if any);
e) suggest the Agency chairing negotiating specific treaties on ODA;
In case of need, the evaluation report must be attached to the draft decision approving the content of programs and projects.
Host agency evaluators and evaluation participating agencies responsible authority and before the law about his appraisal reports.
10. process and timelines evaluation programs, investment projects using ODA capital sources under the authority of the Prime Minister's approval made under current rules on investment and construction management.
11. process and timelines evaluation programs, investment projects using ODA capital in the authority for approval of the head of the governing body by the heads of the governing body to decide.

Within 10 working days from the date of completion of the work of evaluation and approval, the governing body must submit to the Ministry of planning and investment, Ministry of finance program evaluation report, the project and decided to approve the program, project (original), accompanied by documents program, approved projects have stamped.
Article 19. Evaluation of the program, the ODA project technical assistance 1. The program, the ODA project of technical support to the appraisal and approval must be in the list of programs, the ODA project technical support were the Prime sponsors of approved and funding agreement.
2. With respect to the program, the ODA project technical assistance approved under the authority of the Prime Minister specified in clause 1 article 20 of this regulation, the Ministry of planning and investment is the host agency evaluation.
3. With respect to the program, the ODA project technical assistance approved under the authority of the head of the governing body specified in item 2 of this regulation article 20, the competent approval authorities delegated to subordinate host evaluation.
4. the program documents, the ODA project of technical assistance by the governing body and is responsible to have the content match program outline, the ODA project technical support when the Prime Minister approved the list.
5. Ministry of planning and investment guide to content and process evaluation of the program, the ODA project technical assistance approved under the authority of the Prime Minister.
6. The governing body instructed the content and process evaluation of the program, the ODA project technical assistance approved jurisdiction.
Within 10 working days from the date of completion of the work of evaluation and approval, the governing body must submit to the Ministry of planning and investment, the Finance Ministry reported the approval decision and evaluation program, the ODA project technical support (original), enclose the text program the approved projects are stamped.
Article 20. The authority approved the program content, the ODA project 1. The Prime Minister approving the programme, ODA projects in Group A, including: a) credit programs, balance of payments support use of ODA;
b) programs, the development of a national, State or territory level using ODA;
c) programs, projects using ODA objectives related to institutional and State policy, law, public administration, culture and information, security, Defense (not capitalized);
d) programs, projects using ODA capital levels according to the current rules on the management of investment and construction. The converted from the currency of the country of funding into Vietnam Dong follow exchange rate by the State Bank of Vietnam regulations at the time of founding documents of investment projects using ODA;
DD) programs, technical assistance projects using ODA capital levels from 1 million or over, if the donor's money then redeem out us dollars according to the exchange rate of the donor specified at the time of the project.
2. The head of the governing body approved the program, ODA projects not specified in clause 1 of this article. When a decision of approval, heads the governing body is based on the use of ODA priority areas defined in article 3 of this regulation, pursuant to economic and social effectiveness of ODA projects, programs, program category, the ODA project has been approved by the Government and the Prime Minister to be responsible about their decision.
3. Within the time limit of 20 working days from the date of receiving the evaluation report, the Prime Minister a decision of approval for programs, ODA projects as defined in paragraph 1 of this article. Within 10 working days from the date of the valuation report, heads the Governing Body decision of approval for the project, the ODA program prescribed in clause 2 of this Thing.
 
Chapter IV negotiations, SIGNING of INTERNATIONAL TREATIES SPECIFICALLY ABOUT ODA article 21. The basis for negotiations, the signing of international treaties specifically about ODA 1. The basis for negotiations, the signing of international treaties specifically on ODA is program, ODA projects (for programs, investment projects are feasible research report or investment decision) has granted Vietnam's approval authority.
2. in some special cases, to ensure the progress of mobilization of ODA on the basis of the text explanation of the governing body and based on the nature of the program, ODA projects, the Ministry of planning and investment recommendations Prime allows the use of feasibility research report of the program , ODA projects had been approved by the authority as a basis for negotiations, the signing of international treaties specifically on ODA.
3. Ministry of planning and investment announced the decision approving the programme, ODA projects of the authority for the sponsor. After being approved by donors, the Ministry of planning and investment announced for the governing body to coordinate the preparation of the content of negotiating specific treaties on ODA.
Article 22. Negotiating international treaties specifically about ODA 1. Chairing of negotiations of international treaties specifically about ODA: a) the governing body is authorized to host, in cooperation with related agencies to negotiate international treaties specifically on ODA is not refundable;
b) Ministry of finance is authorized to host, in cooperation with related agencies to negotiate international treaties specifically on ODA loans.

c) Vietnam State Bank Commissioner coordinated with relevant agencies to negotiate international treaties specifically about ODA with the international financial institutions referred to in paragraph 1 to article 30 of this regulation.
d) where necessary or at the request of the donor, the Prime Minister assigned to an appropriate agency on behalf of the Government or the President delegated to an appropriate agency on behalf of State chaired the negotiation of international treaties specifically on ODA.
2. In the course of negotiations, the Agency chaired the negotiations directly consult with related agencies to deal with the sponsor the content of specific international treaties regarding ODA. If the content of international treaties have changed compared to the decision approving the content of programs, ODA projects, it has been the decision of approval are responsible for reviewing, deciding what content should modify.
For programs, ODA projects led by the Prime Minister for approval before submitting the prime consideration, decided the additional amendments, the Agency chaired the negotiations must get the written opinions of the Ministry of planning and investment, Ministry of finance, Ministry of Foreign Affairs and relevant agencies. Within 10 working days from the date of receipt by the authority presiding over the negotiations, the above-mentioned bodies must reply in writing.
3. In the case of draft international treaties specifically about the ODA left or not yet specified in the legal text of Vietnam or the institutional commitment authority beyond policy, the Agency chaired negotiations must report the Prime review decision.
Article 23. The signing of international treaties specifically about ODA 1. After the end of negotiations, the Agency chaired the negotiations must be notified in writing to the Ministry of planning and investment, Ministry of finance, Ministry of Foreign Affairs, the Ministry of Justice and related agencies the results of negotiations and included the draft international treaty specifically on ODA.
2. for the program, use of ODA loan projects and programs, projects approved by the Government by the Prime Minister, after obtaining the opinion of the relevant agency, the Agency chaired the talks the Prime Minister approved the results of negotiations and decide who is authorized on behalf of the Government to sign international treaties specifically about ODA with the sponsor.
3. for those programmes, projects using ODA sources not refundable by the heads of the governing body for approval, after the opinion of the relevant authority specified in paragraph 1 of this article, the agency heads chaired negotiations authorized the Government to sign international treaties specifically about ODA with the sponsor.
4. in case of specific international treaties about ODA must be signed with the name of the State of the Socialist Republic of Vietnam, the prime consideration, the President decided.
5. The signing of international treaties specifically on ODA made under the provisions of the Ordinance on signing and implementing international treaties, the case otherwise specified in the agreement between the authority of Vietnam with sponsors follow the agreement with the donor.
 
Chapter V MANAGEMENT PROGRAM IMPLEMENTATION, ODA PROJECTS in article 24. Project 1. Home projects (including Project Server component, if applicable) must be specified in the decision approving the programme, ODA projects of the authority of Vietnam.
2. Ministry-level agencies, provincial people's Committee and the administration of the enterprises to be allowed Home for the project, the ODA project program in the State, but not for the project master programme, ODA projects in an State lending again except for special cases, there are programs and projects in an newly allocated loan back, moderate Ministry of planning and investment, Ministry of finance, in coordination with the Prime Minister to review the decision.
Article 25. Program Management Committee, ODA projects 1. Governing Body decision to establish project management right after the text program, ODA projects are approved by the authority.
2. Management of the programme, ODA projects (hereinafter referred to as project management) is the representative body for the project, which was authorized on behalf of the owner of the project to perform the powers and duties from the beginning done until the end of the project, including the finalization acceptance, delivery, put the project into operation, use.
3. Project Management Board must have active organisations regulation was approved by the governing body. The Ministry of planning and investment, the model regulations specific instructions about the functions, tasks and organization of the activities of the project management committee.
4. Project Management Board is allowed to have its own stamp, open bank accounts at the discretion of the project Owner to implement programs and projects in accordance with the law and international treaties specifically on ODA has signed.
Article 26. Reciprocal capital prepare implementation, program implementation, ODA projects 1. The program, the ODA project must be guaranteed sufficient capital to prepare for implementation and execution. Capital and capital use reciprocal mechanism must be specified in the decision of approval documents program, ODA projects.

2. reciprocal Capital prepared to make and execute the program, ODA projects in an State budget allocated by governing body the full layout, promptly, in accordance with the schedule specified in the program documents, the ODA project has been approved by the authority, in accordance with the provisions of the law on the State budget and international treaties regarding ODA signed the.
3. The programs, ODA projects in State loans back from the budget and programs, project part, part for the loan, the project Owner 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 Server is priorities project loans from the credit of State sources or from the development assistance Fund. Cases of sudden difficulty of reciprocal capital, the project Owner must report the governing body to take measures to solve.
4. With respect to the program, ODA projects not up in capital layout plan annual budget or have sudden needs on reciprocal capital, the owner of the project and the governing body must submit in writing the Ministry of planning and investment, Ministry of finance require consideration, decided to advance the reciprocal capital from the central budget power and will then deduct on the capital plan for the application of the next plan period.
5. The governing body is allowed to regulate 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 according to plan during the year does not meet.
Article 27. Advance capital to implement the program, ODA projects where there is urgent need of capital to advance implementation of a number of items of the program, the project was committed to funding from ODA, the Ministry of finance, in cooperation with the Ministry of planning and investment, working capital advance decision from the State budget on the basis of the explanation text and the text governing the agreement of the sponsors. This stake will be recovered when Ministry of finance ODA disbursements allocated to that category.
Article 28. Tax with respect to the program, the ODA project 1. The tax applies to the program, ODA projects are carried out according to current regulations.
2. The loan interest from ODA loan resources not belonging to an enterprise income tax must be made according to the provisions of the law on Enterprise Income Tax.
3. In the case of international treaties to which Vietnam signed or joined other tax provisions related to the implementation of the program, ODA projects then follow the provisions of international treaties.
Article 29. Clearance 1. The compensation, clearance, resettlement programmes, ODA projects implemented under the current rules of the State. The case of treaties, ODA has been signed between the State or the Government of Vietnam has provisions relating to clearance, resettlement to another with Vietnam's regulations shall follow the provisions of international treaties.
2. In the profile of the bidding plan browser program, the ODA project must have official commitment in writing of the authorized agency clearance on the progress, the time limit for completion of compensation, clearance and resettlement match progress of each package in the program , the ODA project mentioned above.
Article 30. Bidding for The tender for the project, the ODA program was implemented in accordance with the law.
Article 31. Adjust, modify, Supplement program content, the ODA project in the process of implementation 1. For the program, ODA projects led by the Prime Minister approving the provisions in clause 1 article 20, if requested, additional content in the implementation process, the governing body must submit a written explanation of adjustments, in addition to the Ministry of planning and investment to address as specified below : a) Ministry of planning and investment appraisals and host the Prime Minister for approval in the following cases: adjust, Supplement program content, the project lead to change the approved objectives;
Adjust, Supplement program content, the project raises the total capital of more than 10% from the total capital was approved, or less than 10% but the 1.000.000 dollars for programs, investment projects and the 100,000 us dollars for the program, technical assistance projects (if donor money must redeem out us dollars according to the exchange rate regulations funding).
b) the governing body approved the additional adjustment, case not specified in section a of paragraph 1 of this article.
2. With respect to the program, ODA projects approved by the governing body, if requested, additional content in the implementation process, project management send text explanations of adjustments, in addition to project Owners and host agency appraisal provided for in paragraph 4 to article 18 of this Statute to resolved as specified below : a) heads the governing body has the authority to approve the program, ODA projects, on the basis of the written opinion of the host agency and appraisal of projects, for the following cases: adjust, Supplement program content, the project lead to change the approved objectives;

Adjust, Supplement program content, the project raises the total capital of more than 10% from the total capital was approved, or less than 10% but the 500,000 us dollars for the program, project and the 50,000 us dollars for the program, technical assistance projects (if donor money must redeem out us dollars according to the exchange rate regulations funding).
b) project approval cases adjust, supplement other not specified in section a of item 2 of this Article.
3. In addition to the provisions in item b item 2 above, the project Owner has the power to adjust, Supplement in the following cases: a) adjusted total capital (Vietnam money conversion) of the program, the ODA project causes changes in rates or by adjusting the additional stake, bad self mobilization;
b) capital structure adjustment (adjustment of budget lines) of the program, the ODA project but does not change the target and not increase the total capital of the program, the project has been approved.
4. The additional adjustment, leading to the program, on a project in the cases prescribed in article 20 paragraph 1 of this Regulation shall comply with the provisions in paragraph 1 of this article.
5. where the sponsor approval to use the surplus capital following the tender of the project, the ODA program (residual capital here is meant to be part of the difference between the total value of the funding provisions in international treaties on the ODA has concluded and the total value of the tender results have been approved) , the use of which it is made as an ODA projects independent of the priority direction to promote the effectiveness of the program, the project was done. The governing body must inform and coordinate with the Ministry of planning and investment to proceed with the necessary procedures to use residual stake.
6. in case of modification, additional international treaties related to ODA, the following provisions of the Ordinance on signing and implementing international treaties.
Article 32. Construction management, testing, delivery, settlement 1. The evaluation, technical design and approval of estimation, building license, management, quality, delivery, warranty, insurance of construction works in the program, the ODA project investments are made according to the regulations of the State on investment management and construction.
2. for ODA projects, programmes of technical assistance, after the end of the project Homepage implementation, organized and conducted the necessary measures to continue to exploit and promote the results achieved.
3. The settlement program, the ODA project should be made consistent with the provisions of the international treaties on ODA has concluded and the regulations of the State.
 
Chapter VI FOLLOW-UP, assessment programs, ODA PROJECTS in Article 33. Track, evaluate programs, ODA projects 1. The track program, ODA projects is operating regularly and periodically updated the implementation of programs and projects.
2. Reviews of the program, projects are routine and recurring activities aimed at clarifying the analysis of correlation between the actual results achieved in comparison with targets should be achieved as stipulated in the program documents, the project has been approved by the authority, at the same time discovering the difficulties obstacles (has happened or implicit) to find the remedy or prevent effective and clarifying compliance management regulations. The evaluation was conducted in 4 steps: 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) reviews (reviews): proceed in an appropriate time within 5 years from the date of putting the program, projects on tap, used to clarify the effectiveness, sustainability and economic and social impact of the program, the project compared to the original target.
3. plan, organize, implement and monitor, assess funding from ODA or reciprocal capital must be predefined in the program documents, ODA projects and must conform to the properties of each type of program or project.
Article 34. Responsible for tracking, evaluating programs, ODA projects 1. Project Management Committee are responsible for regularly monitoring, evaluating programs, ODA projects and must: a) clearly identify the resources used, the progress made, the time limit for completion, quality objectives and acceptance criteria results for each program activity, the ODA project to do the tracking facility , reviews;
b) set up an internal information system, gather and archive all information, data, documents, records, books, vouchers of ODA projects, program, 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) chairing made or hire consultants to research, created the initial assessment report, between States and ends according to the content of the program documents, the ODA project was 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 of programs, ODA projects. The case had difficulties and obstacles that do not handle, the owner must timely project suggested the authority to resolve. The agencies have a responsibility to look, handle and respond to the recommendations of the Board of management of the project and the project Owner within 15 working days, the case cannot be processed within the time limit on, you have to notify management of project and Project Server.
3. The governing body, in collaboration with related agencies conduct or hire consultant reviews the operation of the program, the ODA project in case of need to perform this step.
4. The governing body of the program, presided the ODA projects, in cooperation with relevant agencies and sponsors to conduct the sessions review the parties periodically and irregularly for each program, the ODA project or program groups, ODA projects.
5. Ministry of planning and investment to host, in cooperation with the State administration of ODA, on the basis of the functions specified in Chapter VII of this regulation, the monitoring of implementation, program evaluation, ODA projects. In case of need, the Ministry of planning and investment, Ministry of finance, Ministry of industry and local management established interdisciplinary missions to work directly with the management of the program, the ODA project to consider and resolve according to competence the recommendations relevant to the program , ODA projects. 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.
6. Ministry of planning and investment to host, in cooperation with the General Department of statistics in building and general statistical indicators on the situation of receiving and use of ODA, in collaboration with related agencies to establish and operate information systems to monitor and evaluate the program , ODA projects, create favorable conditions for the sharing of information and exploit the system.
Article 35. Program implementation report, the ODA project 1. In the process of implementing the program, ODA projects, project management must develop and submit the reports specified below for the Home project, the governing body, the Ministry of planning and investment, Ministry of finance and the relevant provincial agencies: a), report, at the latest within 10 working days after the end of the month (applicable only for programs investment project, led by the Prime Minister approving national key subject at the request of the Ministry of planning and investment);
b) report, at the latest 15 working 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;
Reports for sponsors be made as agreed in international treaties on the ODA has signed.
2. Quarterly, the governing body established a synthetic report about results of mobilization of ODA, the report reviews the implementation of the program, the ODA project management authority and submitted to the Ministry of planning and investment, Ministry of finance the latest 20 working days after the first quarter.
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 the Government and hosted, in cooperation with related agencies to guide the reporting regime and unified reporting form of ODA.
Article 36. Testing, inspection of the reception, management and use of ODA, the Inspector checks the reception, management and use of ODA must follow the rule of law.
 
Chapter VII STATE MANAGEMENT of ODA 37 Articles. The unified Government on ODA governance strategic decisions, Government planning, planning to attract and use of ODA for each period, the approved list and program content, ODA projects require funding and programs, ODA projects approved under the authority of the Prime Minister macro operator, the management and implementation of ODA projects, programs, enacting legal documents regarding the management and use of ODA.
Article 38. The Ministry of planning and investment, the clue in the attraction, coordination, management of ODA, have the task: 1. Host strategy, planning to attract and use of ODA; guide the governing body build categories and outline the program, priority projects for ODA mobilization; General directory of the program, the ODA project uses the Prime Minister's approval.
2. Lead the preparation, organization, mobilization and coordination of ODA resources consistent with strategy, planning, use of ODA and the list of priority projects, programs and mobilization of ODA.
3. Prepare the content and conduct of negotiating international treaties framework on ODA; representing the Government signed the international treaty framework on ODA with the donors.

4. Guide units, the relevant organizations to prepare the program, ODA projects; hosted, in cooperation with the Ministry of finance determines the form using ODA in an State budget allocations or loan; the evaluation process of the Prime Minister approving the programme documents, ODA projects approved under the authority of the Prime Minister.
5. Tracking, content preparation and support of negotiating specific treaties on the ODA with the donors.
6. the Chair, in cooperation with the Ministry of finance and planning of ODA disbursements, full and timely layout which prepared the programme, ODA projects, which meet the preparation done and done for the program, ODA projects in an allocation from the State budget in the annual capital plan; together with the Ministry of finance, in cooperation with relevant agencies to determine reasonable backup section of the central budget during construction estimating annual budget process of the Prime Minister and Parliament to resolve the sudden demands of capital for the program, ODA projects.
7. Lead Tracking, reviews, test management, implementation and performance of programmes, ODA projects; the urge, to support the implementation of the program, the ODA project; do clues in handling issues related to various ministries; petition the Prime Minister to review the decision, of the measures to handle the problem of ODA in the regulating authority.
8. Build, operate, and improve the information system to track, evaluate programs, ODA projects; facilitate information sharing and exploiting this system effectively.
9. Report periodically (6 months to a year) and according to the special requirements of the party and the State on the State of management, implementation of ODA projects, programs and effectively attract, use of ODA.
10. Compile and disseminate guidance document on mobilization, preparation, appraisal, implementation management, monitoring, evaluation of programs, ODA projects are required to harmonize procedures with donors.
Article 39. The Finance Ministry has the duty to: 1. Coordination with agencies involved in strategic planning, building attraction, using ODA and coordination of ODA; Guide to the preparation of the content of programs, ODA projects is 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, ODA loan projects with donors; under the authorization of the President or the Prime Minister, conducted the negotiations for the international treaties specifically on ODA loans, except the international treaties about ODA prescribed in clause 1 Article 40 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 about ODA, including in the case State President or Prime Minister to authorize an other body chaired the negotiation of international treaties mentioned above.
4. the financial management for the program, the ODA project: a) presiding, in cooperation with the relevant agencies to build financial management regulation for programs, ODA projects the Prime decision maker;
b) presiding, in cooperation with the Ministry of planning and investment and the relevant authorities prepare the Prime Minister for approval of financial mechanisms in the country to apply for the program, the ODA project;
c) specifies the procedure of withdrawal of capital and funds management of the program, the ODA project on the basis of the provisions of the applicable law and the provisions of international treaties on ODA has signed with sponsors;
d) in collaboration with the Ministry of planning and investment and planning the disbursed ODA capital sources, full and timely layout which prepared the programme, ODA projects, which meet the preparation done and done for the program, ODA projects in an allocation from the State budget in the annual budget estimates; full allocation, schedule for capital programs, ODA projects in an allocation from the State budget; together with the Ministry of planning and investment to host, in cooperation with relevant agencies to determine reasonable backup section of the central budget during construction estimating annual budget process of the Prime Minister and Parliament to resolve the sudden demands of capital for the program , ODA projects.
The lending organization and recovery of part of the loan program, the ODA project in an State loans again.
DD) State budget arranged 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 programs, ODA projects in Government reports and inform the relevant agency.
5. Compiling and dissemination of guidance materials about financial management and disbursement for the programs, ODA projects.
Article 40. The State Bank of Vietnam has the task of:

1. To coordinate with related agencies to prepare the content of negotiations; under the authorization of the President or the Prime Minister, conducted the negotiations for the 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, ODA projects for the Ministry of finance after the specific international treaties about ODA, excluding the loan agreement with the International Monetary Fund.
2. In coordination with the Ministry of finance option and specify the 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 Finance Ministry 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.
Article 41. The State has the duty to: 1. 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.
2. Join the negotiations, contributing comments to build content draft international treaties on ODA; perform the procedures necessary in diplomatic negotiations for the authorisation, signed authorization, notification, approval, ratification of international treaties regarding ODA.
3. Inform the authorities of Vietnam time and conditions the effect of international treaties on ODA was signed.
4. 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 42. The Ministry of Justice has the duty to: 1. Join comments on legal matters in the draft Convention of the international ODA before the Prime Minister's approval.
2. Assessing and commenting on the various issues between international treaties and domestic legislation of ODA at the suggestion of the authorized agency chaired negotiations; monitor the handling of this issue in the process of implementing international treaties on ODA.
3. Provide legal opinions with regard to the international treaties about ODA or other legal issues as suggested by authorized agencies chaired the negotiations.
4. Implementation of the provisions of Decree No. 103/1998/ND-CP on December 26, 1998 by the Government.
43 things. Government offices have tasks: 1. To help the Government and the Prime Minister's leadership, direction, operating system for the governance of ODA.
2. Join comments on content in the process of preparing the program, ODA projects; investigation and suggestions on the policy, mechanism, how organizations implement ODA projects, program before the Government, the prime consideration, decision.
3. To help the Government and the Prime test, urging the implementation of this regulation.
Article 44. The Mission of the ministries and other provincial people Committee 1. Ministries, ministerial agencies, Government-affiliated agencies implement state management functions for programs, ODA projects according to the functions and tasks assigned. When required, the responsible review and comments in writing on issues related to the program, the ODA project in the allotted time.
2. the people's committees of provinces and cities under central mission: a) in collaboration with the Ministry of planning and investment and related agencies building strategies, 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) implement state management functions according to the territories for all programs, ODA projects in the province, the city, including the program, project by the ministries or the province, other cities hosted implementation.
Article 45. The governing body has the duty to: 1. Perform the functions and duties prescribed in this regulation.
2. Appoint a subordinate organization to work staff for leadership and managerial bodies do the synthesis programs, ODA projects in the field, local branches; identify the functions and tasks of the focal agencies and inform the State Agency of ODA.
3. Directing, urging support for the units identification, preparation, management and implementation of effective programs, ODA projects.
4. full, timely disposition of capital to prepare the program, ODA and capital projects for preparing and implementation of ODA projects, the program has signed the approval authority.
5. building, perfecting the system to track, evaluate programs, ODA projects in local branches; promptly resolving the obstacles and constraints of the program, ODA projects according to the authority; fully implementing the reporting regime prescribed in article 35 of this regulation.
 
Chapter VIII FINAL PROVISIONS Article 46. Regulation for the bodies in the Parliament, the Supreme People's Court, the Supreme People's Procuratorate, political institutions, social politics and society are receiving ODA this regulation also applies for the bodies in the Parliament, the Supreme People's Court, the Supreme People's Procuratorate , the political organization, social politics and society are receiving ODA./.