The DECISION About the regulation of management and use of official development assistance resources (ODA) of the Ministry of health.

 

MINISTER of health-Based cứNghị No. 68/CP ngày11/10/1993của Government regulations, duties, functions, powers and organization of the BộY;

Pursuant to Decree No. 17/2001/ND-CP dated 10/5/2001 of vềviệc Government issued regulations and use of the sources of official development assistance (ODA);

CứThông private apartment number 06/2001/TT-BKH on 20/9/2001 of vàĐầu investment plan Sets guidelines for management and regulation of use of official resources pháttriển attached to Decree No. 17/2001/ND-CP dated 4/5/2001của Government;

The base requirements of ODA management of the Ministry of health;

At the suggestion of the Director of the planning DECISION: 1. the attached to this decision regulates the management and use of the support resource Ministry official pháttriển Ytế.

Article 2 this decision in effect after 15 days from the date the registration issued instruments. Trướcđây provisions contrary to this decision are hereby repealed.

Article 3. Director of the responsible planning guide and check the enforcement of the decision địnhnày.

4. The Chief, Chief Inspector, head of the service, Bureau, Committee, heads of units cácđơn The Ytế and the cóliên Agency is responsible for the implementation of this decision.

 

REGULATIONS on the management and use of the support resource development chínhthức of the Ytế (attached to resolution No. 2790/2002/QD-BYT ngày25/7/2002 of the Minister of health) chapter I GENERAL PROVISIONS article 1. adjustable range.

Quyđịnh this tune all activities to attract, manage and use the official pháttriển support resources (including non-refundable aid and preferential loans, after đâygọi off the is (ODA) of the Y article 2. Object apply.

a) this Regulation applies to all the programs and projects in the service, Bureau, Committee, Office of the Ombudsman, in the Ministry of health and the Ministry of health units in the reception, management and use of ODA.

b) with respect to the program, the project on health by the Ministry of health made, not in the phạmvi tuning of this regulation.

c) for the program, projects on account of this, the Ministry of Health Service delivery plan is top mốitiếp receipt of the program, a project to coordinate with the service, Bureau, Committee liênquan has made the task of governance of the Ministry of health in the joining evaluation comments or no kiếnhiệp y.

Article 3. basic principles.

1. official development assistance Resources for Health Ministry's State budget resources must be receiving, managing and thựchiện in accordance with the provisions of the law.

2. where the aid agreement was signed between the State or the Vietnamese Government with donor provisions shall comply with that provision.

4. Explanation of terms.

TrongQuy this, the terms below are interpreted as follows: 1. The governing body is The Ytế for the chươngtrình, the ODA project (hereafter abbreviated as chươngtrình, project) by the unit in The agency or the subdivisions, the Ministry of health directly deploy, implement and the projects in the field of Government Affairs by the Prime ytế for the Ministry of health is the authority management, implementation.

2. the project Owner is the unit in The agency or the business units directly to thuộcBộ (hereinafter referred to as the đơnvị be assigned direct responsibility management, use of aid funds and nguồnvốn for application to the programme, projects under the approved content.

Article 5 registration category, the ODA project program content.

Trêncơ Department of strategy, development of industry, the Minister of health to review and điềuphối plan to attract, ODA used in each period and the category, content chươngtrình, ODA project of Department of health funding requirements, to sign up.

Article 6. Approval of the project, the ODA program.

1. The programme, the projects approved by the authority of the Prime theoquy in clause 1 article 20, Decree No. 17/2001/ND-CP dated 10/5/2001 củaChính covered by the Minister of health to review and commenting before the approval. In case of need, the Minister authorized for Friday trưởngphụ responsible for planning, investment and foreign aid review.

2. The program of projects approved under the authority of the Minister of health.

a) approved by the Minister: the program, projects on basic construction investment group B, technical assistance projects not related to the institutional, policy, law, public administration, culture and information, security defense worth from 500,000 DOLLARS to below 1.000.000 USD or equivalent.

b) Vice Minister in charge of the plan, foreign aid and investment approval: cácchương the project, basic construction investment group C, thuậtkhông technical assistance projects related to institutional, policy, law, public administration reform, security, Defense News hóathông value below the 500,000 USD or equivalent.

Chapter II SPECIFIC PROVISIONS part 1. THUHÚT ODA STADIUM article 7. General principles of attracting and mobilizing ODA.

Cácđơn located to attract and mobilize ODA dựatrên the following bases: a) regulations, and the State's policy.

b) strategies, planning, annual plan, 5 years and 10 years, the Ministry of health.

c) The priorities of the Ministry of health policy tếđối with the development of industries and fields in each period.

d) needs to perform the tasks of the unit.

e) philosophy, purpose, strengths and priorities of the donor.


f) proactive role of the Ytế and of the vịthực project.

Article 8. List building program, priority projects for ODA mobilization.

Annual Tháng8, proactive list building using ODA priorities with the title cươngsơ (according to the model of annex 2 of circular No. 06/2001/TT-BKH on 20/9/2001 củaBộ planning and investments) and submitted in writing to the Ministry of health (Service Plan).

VụKế plans to do General clue and coordinated with the international cooperation Department and the service cóliên related considering the Minister approved the list of precedence. using ODA củaBộ health.

Article 9. reporting categories of programs, projects are reviewed.

VụKế plan is responsible for notification in writing to the unit on the cácchương list, the project sponsors agreed to consider funding each time kỳvà are prime for approval (hereafter called the program, review đượcxem project funding).

Part 2.

PREPARE the BUILD PROGRAM CONTENT ODA PROJECTS article 10. Determined to project owners and established. The Committee preparing the program, project.

1. Determined the project owner: Service plan is the collaboration with the lip service đềxuất related to project owners reported Vice Minister in charge of planning and investment before the Chief trìnhBộ of approval.

2. Establishment of the Committee preparing the program, project (hereinafter referred to as the Board of programme preparation): is done after the trưởngphê to browse the server project.

2.1. for the loan project, A group related to many areas of policy, the health sector, have vitriển on a large scale: after receiving the written announcement of plan and investment củaBộ of mụccác program, the project is considering funding, Service planning is the clue hợpvới distribution Service personnel Quốctế, cooperation, management of projects and related services based on the content of the proposed programme components and project preparation Committee Chairperson, Deputy Minister phụtrách report on plans and investments before the Minister for approval. After the approval of the Chief đượcBộ, the Organization Department draft the decision process of the leadership.

2.2. for projects not specified in clause 2.1 of this: after being granted approval permissions cóthẩm directory using ODA, Service planning is coordinating focal vớiVụ personnel, quốctế cooperation, project management and project owners based on the main content of the project đềxuất project preparation Committee composition and prefect reported extra Deputy Minister tráchvề planning and investment Minister before submission for approval. After The trưởngphê, the Service Organization Department draft the decision process of the leadership. .

2.3. specific procedures shall follow the instructions of the Ministry of health.

3. project preparation Committee is responsible for establishing feasibility research report, khảthi and program documents, project to the level approved by the reviewing authority. The content of the plan preparation program, the project is regulated tạiĐiều 14 chapter III of Decree 17/2001/ND-CP dated 10/5/2001 of the Government vàtheo the detailed instructions of the Health Ministry.

4. Capital to prepare the programme, the ODA project made under the provisions of chapter III Điều12 Decree No. 17/2001/ND-CP dated 10/5/2001 of the Government. Master programme is responsible for capital needs and proposed sources of capital to prepare the program, project and sent to the Ministry of health (Service planning and financial accounting Services). Kếtoán financial services have the task of coordinating with the Service plans Guide Home project in the xácđịnh and position of capital and capital sources suits to prepare the program, project.

Article 11.-building agenda, the project construction investment.

Báocáo feasibility study feasible programs, projects of building construction bảnđược building according to the current rules on the management of investments and construction, have recorded rõnguồn domestic capital, ODA, the conditions agreed with the sponsors ... and some additional content according to article 15 and article 16 chapter III of Decree 17/ND-CP ngày04/5/2001 of the Prime Minister.

Trongbáo feasibility study report of the project programme, need economic resources for phíhợp layout works check out reviews from ODA or from đôiứng capital.

Article 12.-building content documents program, technical assistance projects.

Vănkiện program, technical assistance projects were built according to the model of annex chitiết outline of 8 circular 06/2001/TT-BKH on 20/9/2001 of the Ministry of planning and investment, and according to the yêucầu of the sponsor.

TrongVăn event program, the project needs a reasonable funding source layout for độngkiểm check reviews from ODA or from twin capital.

Part 3. EVALUATION of ĐUYỆT COFFEE, PROGRAM CONTENT, the ODA PROJECT article 13. Evaluation of the program, projects using ODA củaThủ approval authority in the General Government. The Ministry of planning and investment is the host of the chươngtrình evaluation, projects using ODA under the authority of the Prime Minister's approval.

Thẩmđịnh program, the ODA project technical support is done according to the rules địnhtại circular section III No. 6/2001/TT-BKH on 20/9/2001 of the Ministry of planning and investment.

BộY regulation of a specific number of points (including the project basic construction investment and technical assistance projects):


1. The program evaluation process, the project must be in the list are Prime tướngChính Government approval for the project is outside the approved list phảiđược the Minister of health agreed on advocates projects tiếpnhận).

2. program profiles project lệgồm: a) The text of the proposal is receiving the project of democracy project.

b) documents project (feasibility report or reported for viable projects of basic construction tưxây): at least 5 sets by Vietnamese consistent with the preliminary outline chươngtrình the project has been approved by the Prime Minister.

c) draft agreement (or agreement) of the project will be concluded between representatives of South củaViệt and representatives of the sponsors: at least 5 sets by Vietnamese and one other ngônngữ due to sponsor the proposal.

3. Service plan is the clue of The Y tếtiếp receipt of project, program the unit to phụtrách Secretary of the opinion and the field service, the relevant Bureau. .

4. Deputy Minister in charge of planning and investment, chaired the meeting. include the service, the Bureau of cóliên and the project preparation Committee to review, revise documents the project before the Ministry of health have dispatch send the competent evaluators đểtrình the Prime Minister approved the project.

Article 14 evaluation of programs, projects using ODA in the authority approved duyệtcủa the Minister of health.

1. evaluation of eligibility: eligible projects appraised when satisfied 2 requires the following: a) the projects program category, the ODA project has been the Prime phêduyệt (for those outside the project be appraised only after ýkiến had agreed on the policy of the Prime Minister).

b) valid assessment profile: Be quyđịnh in paragraph 2 of article 13 of this regulation.

2. evaluation form: based on content, the scale and nature of the programme, the programme should assess, The Ytế conducts thẩmđịnh according to one of the 3 following form: a) General comments in writing from the relevant service and process leaders look for approval for project technical support cácdự content has been the consensus of the involved thẩmđịnh and have the level of capital below the 800,000 USD or equivalent.

b) organized by the Evaluation Service hoạchchủ Design maintenance: b1) technical assistance projects have capital levels from 800,000 USD 500,000 to USD or tươngđương.

B2) annual action plans for these projects are the Prime phêduyệt text or report feasibility studies for a cycle.

c) appraisal organizations do Things trưởngchủ maintenance for technical assistance projects are inherently funny 500,000 USD or tươngđương and project construction investment group B, Group C.

3. host agency evaluation and the v involved appraisal: a) Service plan is the focal agency responsible appraisal organizations Coordinating Committee, Bureau, miners involved based on State management functions were phâncông.

b.) engagement evaluation units responsible to the Minister and the law vềnội these comments of his contribution for the program, the ODA project part 4. NEGOTIATING, SIGNING programs, ODA PROJECTS article 15. Basis for negotiations, the signing of international treaties specifically on ODA.

1. The basis for negotiations, the signing of the international ướcquốc specific things about ODA is written program, project (khảthi research report or investment decision with respect to investment projects construction) has been granted cóthẩm approval rights. .

2. in some special cases, to ensure the progress of capital mobilization, ODA grants cóthẩm rights based on the nature of the program, the ODA project allows use of báocáo feasibility study was approved for negotiation, the signing of the Treaty of quốctế specifically on ODA.

Article 16. Negotiations, signed.

Đốivới the programs, projects need negotiations signed between Ministry of health and the sponsor: Service tácquốc international Match hosted in collaboration with the relevant Bureau and Home Affairs, the project conducted cácthủ continue negotiations, concluded in accordance with the current rules.

Part 5. IMPLEMENTATION and MANAGEMENT USING the CENTRAL process, whether you want ÁNODA D CH article 17. Organization made chươngtrình, ODA projects.

1. after the program, the project is approved, the project owner must programme management organization of the máyquản project to perform the operation, ensure the operation of the projected ODA, which uses ánvà for the application as prescribed in the management of the State and the cácđiều account has committed to sponsor.

2. the proposed project Owners list of expected project management committee and sent to the Ministry of health (Service Plan).

3. Service plan is the focal point of the consultation service, the relevant Bureau, Service personnel and the UK project management process The leaders approved a list of scheduled project BanQuản.

4. Service Organization Department chaired, coordinated planning and Service hợpvới the leaders of The decision to establish a project management Committee.

5. The functions, duties, organization, personnel, regulations of the Board of management ánđược implementation as defined in point 1 of part V circular No. 06/2001/TT-BKH on 20/9/2001 of the Ministry of planning and investment and the Ministry of health dẫncủa.

Article 18 implementation and management using the program, ODA projects.


Trêncơ Department of project documents are approved by the authority, the project of building the kếhoạch actions annually send to the Ministry of health (planning) to the leader of The approved annual plan of action approved by the làcăn to the programs, projects implemented under the provisions of the Chínhphủ and the Ministry of health of special note, a sốnội the following: a) the active offering of goods, offers consulting services, construction ... of the program, projects must through tender according to the rules of Nhànước about the procurement, provided the service. In the case of treaties tếcụ able to sponsor its own bidding rules have provided goods, tháchvụ then follow the rules of the sponsors.

Vềcông bidding of ODA projects, the Service plan is the clue to coordinate the relevant Bureau, miners Guide and implementation as document No. 5801/YT-KHngày 19/7/2002 of Minister Health Ministry has rules.

b) activity provides expert of the ODA projects implemented under regulation chuyêngia ODA projects issued decision No. 21/1/QĐ-TTG of the Prime tướngchính 10040 Government project owners submit proposals confirmed expert ODA, according to quyđịnh, the form of the Ministry of health. International cooperation is coordinated with the clue đơnvị Service plan are responsible for certifying professionals in the chươngtrình project, to serve as a basis for the relevant authorities review the ưuđãi exemption regime under the provisions of regulation expert.

c. election of officers) work going overseas study tour in chươngtrình's plan, the project must comply with the current regulations of the Ministry of health about the foreign training.

d) ODA projects is the implementation of loan funds disbursement procedures by địnhtrong loan agreement (credit agreement) has been signed with each of the Single funds donors. The Finance Ministry must submit for Council send about accounting and financial Service Kếhoạch-Ministry of health to monitor the progress of disbursement.

e) ODA projects is thựchiện non-refundable aid disbursed the money, reception activities of the project through the procedure of xácnhận aid in Service health plan before sending it to the Finance Ministry. The specific requirements of financial management was hiệntheo decision No 676/2002/QD-BYT on 26th March 2002 of the Minister of health.

f) ODA projects must perform ordinances of tax according to the current regulations and must dựtrù enough funding for the application to perform the tax requirements. In the case of cácĐiều international treaty signed between the Government with donors have other agreements on taxation, the theoquy implementation of the international treaties that g) where after the project has completed the objectives that do not use vốnđã for approval, or residual stake out due to lower results for the trịgiá bid, the project owner must report to the Ministry of health (Service plan and Service Your chínhkế payment) to consider taking the necessary procedures to use residual stake.

h) for the program, the project is not up the layout in kếhoạch capital budget or have sudden needs on reciprocal capital, project owners send text bảngiải the capital needs for the application to the Ministry of health (Service planning, financial accounting) to consider taking the necessary regulatory thủtục , make sure you have the capital for the project activities.

Article 19. Adjust, modify the project programme. In the course of the project, if there are changes, the thing. adjustment of the program, the project compared to the original browser địnhphê resolution, then do the following: 1. the project Owners have written explanation about the content, plans to adjust send BanQuản project.

2. Management of projects with comments for the proposed adjustment of the server project and gửiVụ plan to Service the plan review or evaluation organization.

3. Form of evaluation is conducted according to prescribed in article 18 and article 14 of this Quyđịnh.

4. The decision to approve the adjustments to be made under the provisions of Decree Điều31 of 17/2001/ND-CP dated 10/5/2001 of the Government and guide tạiđiểm 3 part V circular No. 06/2001/TT-BKH on 20/9/2001 of the Ministry of planning and Đầutư and guidance of the Ministry of health.

Trườnghợp to modify, complement international treaties signed on ODA shall follow the provisions củaPháp the command about signing and implementing international treaties part 6. TRACK, evaluate programs, ODA PROJECTS article 20. track, test, assess the implementation of the program, projects.

1. Project Owner is responsible for directing the implementation of project management is often xuyênviệc track, test, reviews the program's activities, ODA projects to cungcấp the correct information on the progress made, results, quảcủa program disbursements, project at the request of the Ministry of health and the State administration of ODA and xuấtgiải determination of the case required.

2. Periodically or irregularly, the Ministry of health (Service plan in collaboration with the service, Bureau, the relevant Committee) held the polygraph reviews, or will need to hire consultant reviews the implementation of the project, chươngtrình. Bộquyết certain việcthuê leadership consultant reviews the programs and projects.

3. The Ministry of Health Service delivery plan is top mốiphối with financial accounting, international cooperation and project management ánchịu responsible organization reviews the project when finished.


4. Ministry of Health Affairs ánchịu project management unit responsible for tracking, check the progress made, the Organization reviews hàngnăm, between the States of the ODA projects and reports on Service plans, Service financial toánvà Service for international cooperation.

Article 21. Provisions on the mode of the program, the report projects.

1. The owner is responsible for project implementation reports quarterly, annual, and 6 months of báocáo the end of the project, according to the form prescribed in annex 4, Appendix 5, annex 7, annex 8 and annex 9 of the circular No. 06/2001/TT-BKH ngày20/9/2001 of the Ministry of planning and investment , posted on VụKế planning and management of the project-the Ministry of health.

Đốivới the end of the project report must be submitted to the Council of the Financial Services and accounting, tácquốc, Professional Service and the Ministry of planning and investment, Ministry of finance.

Cácchương, Aphải cáohàng plan group projects, according to the form prescribed in annex 6 to the project authority, the Service Kếhoạch-Ministry of health, the Ministry of planning and investment, Ministry of finance.

2. Management of the project is responsible for the synthesis report monthly, quarterly gửicác General Agency of the Government and the Council sent for Service planning and Service Your chínhkế payment.

3. Service plans have the task of making the periodic synthesis report 6 April, vàbáo annual report reviews at the end of the program the project sent the Ministry of planning and investment, Ministry of finance and the Agency liênquan.

4. The report must guarantee the truthfulness, accuracy, completeness according to the dungyêu bridge and the prescribed time limit.

Article 22. Testing, harness use.

Cácchương projects on the basic construction investment, before finishing putting on sửdụng, the project owner must make provisions of State trials, partially or totally bàngiao and registration of assets, capital works theocác the current state of regulation of basic construction investment.

Cácchương process, project and technical support after the end of the implementation, project owners, officials exploit Gotta throw use and measures to maintain, huyhiệu results of program, project. The transfer of property was made by cácquy defined in Article 39 of chapter IV decision No 676/2002/QD-BYT on 26/3/2002 củaBộ Minister of health.

Chapter III. The TERMS of the IMPLEMENTATION of Article 23. The heads of the project implementation unit, the heads of the service, the Bureau of the international BộY cóliên popular tráchnhiệm bear and enforcement of this regulation. In the process, the địnhnày can be the Minister of health tếxem review, additions, adjustments, modifications to suit the actual situation.