GOVERNMENT DECREE on the issuance of a regulation on the management 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 of the Socialist Republic of Vietnam on October 7, 1989;
To unify the management of official development assistance resources;
According to the recommendation of the Minister, the Chairman of the State Planning Committee, the Minister of finance, the Minister of Justice, the Governor of the State Bank of Vietnam;
 
DECREE: article 1. Attached to this decree a regulation on the management and use of official development assistance resources, known as ODA.
Article 2. This Decree shall take effect from the date of signing. The regulations were issued before left with this regulation are repealed.
Minister, Chairman of the State Planning Commission is responsible for implementation of this regulation guidelines.
Article 3. The Minister, Prime Ministerial agencies, government agencies, the Chairman of the provincial people's Committee, central cities and heads of the central bodies of the public unions have the responsibility to enforce this Decree.
REGULATIONS and the USE of OFFICIAL DEVELOPMENT ASSISTANCE RESOURCES (attached to Decree No. 20-CP on 15/3/1994).
 
Chapter I GENERAL PROVISIONS article 1. The Government of the Socialist Republic of Vietnam Government, welcomed the foreign organization official development assistance for Vietnam on the basis of respect for independence, sovereignty of Vietnam.
Vietnam Government committed to using the most effective way, in the right target and adhere strictly to international treaties on the official development assistance that the Government of Vietnam has signed with the Government and foreign organizations.
Article 2. Official development assistance (hereafter referred to as ODA) says in this Regulation shall be construed as a form of development cooperation between the Vietnam with foreign Governments, international organizations, intergovernmental, non-governmental organizations (hereinafter referred to as foreign Party).
Article 3. Non-refundable aid of ODA and loans with preferential conditions on interest rate and payment term.
ODA includes mainly the following: support the balance of payments in cash or goods;
Support under the programme;
Support under the project.
Article 4. ODA for Vietnam is one source critical of the State budget to be used for the priority objectives of the national construction and social-economic development.
a) ODA not refundable is used for priority programs and projects in the following sectors: health, population and family planning;
Education and training;
Social issues (poverty alleviation, rural development, water and mountain activities ...);
The research program, project development (overview, planning, feasibility reports, etc.);
Protection of the environment, environment;
Budget support;
Support of scientific research and technology;
Support for production activities, trading in some peculiar.
b) ODA loans be used for priority projects and programs that build or renovate infrastructure, economy, society in the following areas: energy, transport, agriculture, irrigation, telecommunications, social (health, education, training, water supply and drainage, ...), some other field , including some fish production project.
In some programs, specific projects can be combined using a part of ODA is not refundable and part of ODA loans.
Article 5.
a) Unity Government manage ODA, including the determination of the policy and direction of attraction, foreign Parties; negotiating and signing international treaties; the organization overseeing the implementation process and reviews the results.
The State Planning Commission, Ministry of finance, Ministry of Foreign Affairs, the State Bank of Vietnam and Government offices to help the Prime Minister in the management at the macro range, in which the State Planning Committee is the body in the coordination, management and use of ODA resources.
b) ministries, ministerial agencies, government agencies, provincial people's Committee, central cities and the Central Agency of public unions responsible Government on the management and effective use of ODA for programs and projects in the scope of the Agency's management , local.
c) Chairman, Program Director of the project, the investor works using the ODA is responsible for implementation of the regulations of the State in relation to the management and use of ODA and the regulations of the relevant international treaties about the ODA part is reception.
CHAPTER II SIGNED INTERNATIONAL TREATIES, ODA article 6. The Organization and mobilization of ODA must be based on the strategy for socio-economic development, investment planning, planning of ODA, the 5-year and annual plans and the needs of the State of the external support funds in each period.
The State Planning Committee chaired the coordinating ministries, ministerial agencies, government agencies concerned advocates research and mobilization of ODA, ODA planning expected and created directory of the program, priority projects using ODA to Government approval process.
The State Planning Commission, in coordination with the Foreign Ministry and relevant agencies to prepare and organize advocacy activities.
Article 7. Based on ODA and planning the program, priority projects using ODA has been approved by the Government, the State Planning Committee of the unity of opinion with the Finance Ministry about the limits and conditions of the loan paid ODA ... to prepare the content of negotiations with the foreign Party the Prime Minister for approval.
After approval, the Prime Minister will appoint the State Planning Committee or agency chaired negotiations with foreign Parties. Before conducting negotiations, the Agency indicated in talks to unify the comments with the State Planning Commission on the content of negotiations and with the Finance Ministry about the limits and conditions of the loan paid (if relevant to the ODA loans).
In the process of negotiations if there are changes in comparison with the approved content, the Agency chaired the talks with the Prime Minister to review the decision.
If the negotiating authority is not a State Planning Committee, when the Prime Minister is of the opinion of the State Planning Commission.
Article 8. After the end of negotiations, the Agency is authorized to negotiate the Prime Minister on the results of negotiations, the agreed text content will sign with foreign Parties at the same time recommending people on behalf of the Government to sign international treaties on ODA with foreign Parties. The Prime Minister's text must accompany the formal opinion by the State Planning Commission, the Ministry of Foreign Affairs, the Ministry of Justice and Ministry of finance.
Article 9. The signing, filed the original and the Government approving international treaties on ODA implementation as stipulated in article 6, paragraph 3, article 7 and article 8 of Decree No. 182-dated 28/5/1992 of the Council of Ministers.
Article 10. In the case of Vietnam international treaties signed with foreign party on OAD requests must be signed with the name of the State of the Socialist Republic of Vietnam, the proposed agency must follow the rules in articles 7, 8 and 9 of this regulation to the Prime Minister the President review decision.
Article 11. In the case of international treaties containing provisions contrary to the laws of Vietnam, the Agency proposed the signing of international treaties are with the Foreign Ministry, the Ministry of Justice to report comments Prime Minister the President reviewed the decision.
 
CHAPTER III ODA MANAGEMENT article 12. The management of ODA in the form of money, goods, including machinery, equipment, buildings must follow the mode of management of State budget.

Financial management for ODA loans are subject to the provisions of the regulations of borrowing and repayment of foreign countries attached to Decree 58-CP on 30/8/1993 of the Government.
Article 13. The management of ODA for basic construction must be in accordance with this Regulation as well as the current management mode of State management of basic construction investment. The basic construction must have enough legal records as prescribed. Progress of works must be made and the balance in the plan the basic construction investment of the State as well as of ministries and local. If the regulations of use which the foreign party for some specific projects, programs are not consistent with the current regulations of the State of Vietnam, the State Planning Commission, the Ministry of finance and the relevant ministries to the Government decision.
Article 14. The ODA does not refund can be granted again as Government allocated the basic construction investment of the State budget or in the form of investment credit of the State. The Government granted the ODA is not refundable under the regime to allocate the basic construction investment capital from the State budget reflected in the plan of basic construction investment annually to invest in construction of the infrastructure of social-economic inability to payback.
Through a number of Government-appointed budget, ODA loans for the project, the work has the ability to payback the loan which will be used again. Depending on the particularities of each type of loan and aid, the State Planning Committee of the Unified Exchange with the Finance Ministry, the State Bank of Vietnam and relevant agencies on plans for lending and the Prime Minister for approval.
The project Owners use the ODA lending by the Government have the responsibility to repay the loan in accordance with the regulations.
Article 15. The State Planning Committee coordinated with relevant agencies of ODA resources layout for programs and projects in accordance with the characteristics and properties of each type of funding to ensure the highest efficiency.
Article 16. The programs and projects using ODA must be done through international bidding, except in the special case the Prime Minister will be decided separately. The Organization of the international tender with the ODA projects and programmes are implemented according to the regulations of the international tenders due to government regulations.
Article 17. The heads of the ministries, local and central authorities, public unions responsible Government on the supervision work of receiving and use of ODA projects, the programme in the scope of the Agency's management, local.
The bodies of the State Planning Commission, Ministry of finance, the State Bank of Vietnam, the Foreign Ministry and Government offices have the responsibility to guide and help the local ministries, in the work of supervision, and according to their functions directly inspect, monitor (and irregular) managing use of ODA of the Ministry , industry, local authorities, relevant.
Checking the basic constructions using ODA must follow the current rules on the management of basic construction.
Article 18. Quarterly and annually, the head of the program, the Project Director to use ODA must report the situation to receive and use up the relevant management bodies.
After the end of the program, project, program, Project Director must be reported in writing up the governing body, the State Planning Commission, Ministry of finance, the State Bank of Vietnam and Government offices about the end result of the reception and use, accompanied by a financial settlement.
The management of non-governmental aid sources continue to follow a regulation in relation to aid for non-government organizations, were attached to decision No. 80-CP dated 28/3/1991 of the President of the Council of Ministers (the Prime Minister)./.