Circulars implementing regulations and use of official development assistance resources (attached to Decree No. 87/CP dated 5 August 1997 from the Government), on 5 August 1997, the Prime Minister signed the Decree 87/CP enacted regulations and use of official development assistance resources (hereinafter referred to as the ODA regulations).
Implementation of article 3 of the Decree, the Ministry of planning and investment, general guide some principal issues (in addition to the content of private instruction each sector according to the functions of the relevant Ministry) to replace the circular No. 7 UB/KTĐN on 18 July 1994 the State Planning Commission's Guide to make regulations and use the main development assistance sources formula attached to Decree No. 20/CP on March 15, 1994, chapter I GENERAL PROVISIONS 1. Scope the scope of the ODA regulations apply including those objects that are defined in article 1 of regulation ODA, now specific instructions as follows: a. The foreign Party to provide ODA includes: foreign Government;
The development organizations of the United Nations (UN), including: UN Development Programme (UNDP); The UN children's Fund (UNICEF); The world food program (WFP); The food and Agriculture Organization of the United Nations (FAO); The United Nations Population Fund (UNFPA); UN equipment Fund (UNCDF); Industrial Development Organization of the UN (UNIDO); The UN Commission for Refugees (UNHCR); The World Health Organization (WHO); Atomic Energy Agency (IAEA) international; Cultural Organization, science and education of the UN (UNESCO), etc.
Intergovernmental organizations, including: the European Union (EU), the Organization for economic cooperation and development (OECD), the Association of ASEAN countries.
International financial organizations including: the World Bank (WB); The Asian Development Bank (ADB); The Foundation of the petroleum exporting countries (OPEC), the Nordic Investment Bank (NIB) and the Nordic Development Fund (NID); The Kuwait Fund, the International Fund for agricultural development (IFAD), etc. (except for the International Monetary Fund (IMF)).
Corporations, foreign-funded companies for the Government. ODA funds foreign government aid for programs and projects through non-governmental organizations (NGOS).
b. ODA provided forms include: balance of payments support: includes the ODA was provided in the form of cash or goods to support the Government's budget.
Programme support: includes the ODA provided to implement a program that aims to achieve one or more objectives with a collection of projects done in a time identifying the specific locations (credit programs of Japan's industry funded the restoration and development of rural transport , rural power grid development, the development of water supply in towns, cities, etc.).
Technical support; to assist institutional development, strengthening the capacity of the Vietnam Agency, technology transfer, through the supply of professionals, volunteers, provides some of the equipment, training staff from Vietnam or in foreign short-term courses at under 1 year; support research, basic investigation (planning, feasibility study reports, ...). A technical support may include some or all of the aforementioned content.
Supported project: ODA provided to perform basic construction projects including construction, equipment or just plain provide the equipment. In the content of the basic construction projects may include advisory services, staff training on Vietnam in place or sent abroad.
c. The type of ODA ODA is not refundable: foreign Parties offers of aid are not refundable to program implementation, ODA projects (financing under the agreement with the foreign Party).
ODA loans include: loan lending incentives ODA (also known as preferential credit) are the OAD lenders have non-refundable elements reaching at least 25% of the value of the loan. Foreign parties usually specifies the conditions for the preferential loans.
ODA loans are the mixture of ODA combined ODA part includes non-refundable (ODA or preferential loans) and a commercial credit section under the conditions of the Organization for economic cooperation and development (OECD).
2. In addition to the priority sectors to be used in ODA provided for in article 3 of regulation ODA, some fields can be used in ODA is the programs, projects, small and medium scale, worth about $3 million below in the fields of industry, agriculture, forestry and seafood. . in order to create jobs, increase incomes for workers.
Based on the sources and conditions of providing ODA of the foreign Side, the Ministry of planning and investment, the Prime Minister decides the project in some other areas are using ODA.
 
CHAPTER II ADVOCACY, Negotiation, Signing, APPROVAL And RATIFICATION Of INTERNATIONAL TREATIES 1. Mobilization, ODA a. ODA mobilization is underway through the Forum as the Conference Advisory Group donors for Vietnam (CG), the sectoral aid coordination conferences, activities of foreign ministries, the provinces and cities under central, operation of our diplomatic agencies abroad.
b. the Ministry of planning and investment is the focal point of the Government in the preparation of the Conference CG due to the World Bank (WB).
The Ministry of planning and investment, along with specialized Ministry co-chaired and organized the Conference for the coordination of the aid industry.
When conducting foreign activities mobilizing ODA related agencies should base on the economic development strategy, the social, the public investment program, planning to attract and use of ODA, the 5-year plan, annual plan and the needs of the State of the external support funds in each period of development as well as the needs and priority areas called for ODA of local branches.
Before conducting mobilization of ODA, the local agencies involved need to consult with the Ministry of planning and investment policies, the ability and the strength of the sponsors and our undertakings with the donors concerned.
2. Preparation and approval of the list of programs, projects using ODA.
a. According to agreement with foreign Parties, the Ministry of planning and investment guide ministries, ministerial agencies, government agencies, the provinces and cities under central Government (hereinafter referred to as the Agency has need for ODA): Direction of priority use of ODA and foreign party of the Government.
These conditions provide ODA foreign party.
Procedures of foreign Parties in the ODA.
The time limit for the preparation of the project outline.
b. based on the instructions of the Ministry of planning and investment, the Agency has a need for ODA had suggested work and outline of the project (see outline of the guidance in Appendix 1) written in Vietnamese and English translation and submitted to the Ministry of planning and investment.
c. the Ministry of planning and investment to review the outline of ODA projects, the consultation of General agencies and some are related to the synthesis of the Prime Minister to decide.
d. after the Prime Minister approves list of projects using ODA, the Ministry of planning and investment announced for foreign Parties.
The Ministry of planning and investment announced for agencies in need of ODA projects are foreign Parties agreed to consider funding to proceed with the preparation of the next steps.
e. the addition and adjust the portfolio to use ODA has been the Prime Minister for approval by the Ministry of planning and investment in general the Prime Minister decides on the basis of the written opinion of the authorities the need for ODA and the agreement of the foreign Party.
g. in case of exception, when the foreign Parties proposed projects with the authorities the need for ODA, the Ministry of planning and investment, the Prime Minister decides on the basis of the written opinion of the authorities the need for ODA ODA project outline attached.

3. Preparation and approval of the content of the program, projects using ODA.
a. after the foreign Party committed to consider funding for the project under the category have been the Prime Minister for approval, the Agency has a need for ODA directed implementers (master project) conducted in preparation of project profiles. Depending on the form of providing ODA, projects can be: project documents (for the programs, projects and technical support).
Feasibility study report or report of feasibility study (for construction projects).
The form and content requirements of project documents or the feasibility report, feasibility report pursuant to the provisions of the foreign Party and the current rules of the ta in the Government Decree on management of investment and construction (42/CP, 92/CP and the subsequent Decree on this field).
The feasibility phase, disregard for basic construction projects by granting approval of the content of the project review and decision.
In profile the ODA project should clarify the provisions of the foreign Parties about how the implementation of ODA projects, such as the method of procurement of goods, services (widely; international bidding tender; international shopping, etc.).
The construction of project documents or the feasibility report (feasibility report) by the server implementation or project with support of representation abroad.
b. relevant ODA needs to send to the Ministry of planning and investment, the ODA project profile to appraise or approved agreements, including: the text proposed evaluation or approval agreement.
Project documents or the feasibility report (feasibility report): 5 a Vietnamese and 5 English translation. This is the material was relevant demands on ODA and foreign party representatives (foreign party election experts to help build the project documents or the feasibility report (feasibility report). c. The evaluation and process of the Prime Minister approving the programme projects using ODA was conducted as follows: programs, investment projects using ODA capital (including loans and non-refundable aid) have total capital equivalent to group A project as defined in the Decree of the Government on the management of investments and construction (42/CP , 92/CP and the subsequent Decree on this field). Within 45 days of receiving a valid ODA projects, the Ministry of planning and investment appraisals organizations programs, investment projects. The evaluation is done according to the Decree 42/CP dated 16 July 1996 from the Government about issuing of investment and management rules of construction.
The program, projects using ODA capital levels from the non-refundable $500,000 or more. Upon receipt of a valid application, the Ministry of planning and investment to have text sent the Ministry of finance and Ministry of specialization (if any) the proposal review and comments in writing on the text of the project. After 15 days from the date the Ministry of planning and investment to send text, the Agency asked the opinion said on official comments in writing on the project documents and send the Ministry of planning and investment. This text is considered to be the official basis for evaluation of the project documents. After this time, if the upper body not have comments in writing shall be deemed to agree to the project documents.
10 days after the time limit on, depending on the nature and complexity of each project, the Ministry of planning and investment in general the Prime or valuation Conference documents project. The agencies are invited to attend include: Government Office; The Ministry of finance; Ministries, ministerial-level agencies (in case of need).
Assessment results and conclusions of the evaluation Conference will be reflected in the evaluation report. At the latest after 5 days of evaluation, the Ministry of planning and investment to complete the appraisal report the Prime proposal review and approval or authorisation for the Ministry, local approval (depending on the scale, nature and importance of each project).
After the Prime Minister approved project documents, the Ministry of planning and investment announced for foreign Parties about the results of approval to proceed with the signing of, the project.
d. within 30 days from receipt of valid ODA projects, the Ministry of planning and investment to have the text of the agreement (or disagree) to relevant ODA needs approval of the ODA project non-refundable capital levels under $500,000 and ODA loan projects had a total capital level below the level which Group A and as specified in the the Government's investment management and construction (42/CP, 92/CP and the subsequent Decree on this field).
7 days after approval of the project, the ODA ODA needs to send the approval decision (original) to the Ministry of planning and investment.
The Ministry of planning and investment announced for foreign Parties and relevant agencies of the Government documents project (feasibility study report) has been the competent agencies of Vietnam for approval to conduct negotiations and sign international treaties on ODA.
4. Negotiating and signing international treaties, ODA a. international treaties on ODA is understood the agreement, Protocol, a memorandum of understanding (MOU), project documents or any other documents to be signed between the Vietnam (head of ODA needs to be State or Government authorisation) and foreign Parties.
The international treaty framework on ODA is the commitment on the principle have content related to strategies, policies and priority directions of cooperation between Vietnam and foreign Parties; the category of fields, programs, and projects using ODA; ODA commitments and the framework conditions for a year or a cycle of several years for a project (program) or multiple projects (programs); the guidelines on the form and implementation plans and project management. Currently in development cooperation practices between our country and foreign Parties to international treaties is often frame: directory of programs, collaborative projects with international financial institutions such as the ADB, WB; The list of programs, annual and long-term projects in cooperation with bilateral donors; The Protocol, the Convention, the agreement on principles of nature programs, ODA projects; The letters of Exchange, the Exchange; the memorandum as a basis to implement ODA projects and programmes; The national program in partnership with organizations in the United Nations system (the common cycle of 2 years to 5 years) ... specific treaties on the ODA is the materialize the Convention framework on ODA relating to specific commitments of the party and the party-sponsored Vietnam about content; conditions of funding; capital and capital structure; the responsibilities, rights and obligations of parties to Vietnam and foreign Parties; Implementation and project management; conditions of repayment, of drawing a specific programmes and projects to implement the financial procedures of the program, the project aims to implement the framework Convention signed.
b. based on the strategy for socio-economic development, program planning, public investment attracting and utilizing ODA, the 5-year plan, annual plan and the need for the external support funds in each period of development of the State, of the ministries, ministerial-level agencies Government agencies, provinces, and cities under central, Ministry of planning and investment, coordinated with relevant agencies to prepare the content and conduct of negotiations, concluded with foreign Parties to international treaties on the frame.
c. based on the international treaty framework on ODA have been signed with foreign Parties, documents project (feasibility study report) has been granted the approval authorities, ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities of conducting negotiations with foreign Parties :

Ministries, ministerial agencies, government agencies, provincial people's Committee, the city of centrally hosted and coordinated with the Ministry of planning and investment and related agencies to negotiate international treaties specifically on ODA is not refundable.
The Ministry of finance in cooperation with the Ministry of planning and investment, the Agency has a need for ODA and related agencies to conduct negotiations with foreign Parties to specific treaties on ODA loans.
The State Bank of Vietnam in collaboration with the Ministry of planning and investment, Ministry of finance, the Agency has a need for ODA and related agencies chaired conducted negotiations with the World Bank (WB), the Asian Development Bank (ADB), the International Monetary Fund (IMF) international treaties specifically about ODA (loan agreement The loan agreement, the technical support agreement) under the authorization of the President or the Prime Minister.
In the process of negotiating international treaties specifically about ODA if these details change compared with the text program, project (feasibility study report) has been the authority for approval, the decision to approve the text program that will decide what content should modify. In case the level of approval is the Prime Minister, pursuant to the Agency's proposal to host talks, the Ministry of planning and investment, the Prime Minister's decision.
d. the end of negotiations, the Agency chaired the negotiation process of 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 specifically about ODA with foreign Parties.
Based on the newspaper the Prime Minister said on the Agency's chairing of negotiations, Ministry of planning and investment, the Prime Minister's opinion of the Ministry of planning and investment of the outcome of negotiations, recommended approval of the results of negotiations, authoritative recommendations concluded specific treaties on the ODA with foreign Parties and announced the decision of the Prime Minister with foreign Parties.
As for the donors do not require specific treaty negotiations about ODA, program implementers, project organizations signed and implemented after the Ministry of planning and investment official notification of results, the project program approval by the competent authority of the foreign Party for Vietnam.
 
CHAPTER III IMPLEMENTATION Of The Program, PROJECTS USING ODA CAPITAL 1. Adjust, additional capital increase for programs, projects using ODA: the adjustment of the capital supplement program, projects using ODA do not alter the objectives, the content and the scale of the program, the ODA project has been the approval authority (not making the total ODA after adjustment Supplement exceeds the prescribed in clause 2 article 6 decrees 87/CP dated 5 August 1997) issued by the approved programme, projects using ODA decided after 15 days when there is a written agreement on the change of the Ministry of planning and investment.
In the case of the program, projects using ODA capital due to the Prime Minister for approval, the Agency has ODA needs to send text to suggest adjustments, additional projects to the Ministry of planning and investment, Ministry of finance and Ministry of specialization (if any). After 15 days from the date the Agency has proposed needs adjustments, additions, if the Ministry of finance and The specialization no comments shall be considered consent. Ministry of planning and investment in general the Prime Minister decides whether to adjust, Supplement.
2. At the latest within 2 weeks after the end of the quarter and 1 month after the end of the year, management of the program, ODA projects must submit the report the implementation of programs and projects (particularly for the ODA projects in Group A, project management must have reported the implementation) to the Ministry of planning and investment The Ministry of finance and the General Department of statistics by the form in annex 2.
3. Within 3 months after the end of the program, projects using ODA, program management, project delivery report must have superior bodies (ministries, ministerial agencies, government agencies, provincial people's Committee, the central cities), the Ministry of planning and investment, Ministry of finance The State Bank, and the General Department of statistics about the end result of the program implementation, ODA projects (sample report as annex 3) and accompanied by a financial settlement (under the guidance of the Ministry of Finance).
This circular has the effect after 15 days from the date of signing. In the process if there are obstacles to local ministries and related units should reflect timely the Ministry of planning and investment to continue to complement and complete the circular instructions./.