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THE
MINISTRY OF PLANNING AND INVESTMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
04/2001/TT-BKH
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Hanoi,
June 05, 2001
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER’S DECISION
No. 64/2001/QD-TTg OF APRIL 26, 2001 ISSUING THE REGULATION ON THE MANAGEMENT
AND USE OF FOREIGN NON-GOVERNMENTAL AIDS
Pursuant to the Governments Decree No. 75/CP of
November 1, 1995 on the functions, tasks, powers and organizational structure
of the Ministry of Planning and Investment;
Pursuant to the Prime Ministers Decision No. 64/2001/QD-TTg of April 26,
2001 issuing the Regulation on the management and use of foreign
non-governmental (NGO) aids, hereinafter referred to as NGO Aid Regulation;
The Ministry of Planning and Investment hereby guides the implementation of
the Prime Ministers Decision No. 64/2001/QD-TTg of April 26, 2001 issuing the
NGO Aid Regulation for programs and projects as follows:
I. GENERAL PROVISIONS
1.1. Term interpretation
In the NGO Aid Regulation and in this Circular,
a number of terms below shall be construed as follows:
a/ The "aid-providing party" means
subjects providing NGO aids, including:
- Foreign non-governmental organizations.
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- Foreign universities, research institutes,
centers, funds or agencies.
- Associations and friendship societies set up
overseas, including the community of overseas Vietnamese.
- Individuals being foreigners, including
overseas Vietnamese.
b/ The "Vietnamese party" includes the
following agencies and organizations:
- The agencies attached to the Partys Central
Committee.
- The State agencies (the National Assembly’s
Office, the Supreme People’s Procuracy, the Supreme People’s Court...).
- The ministries, the ministerial-level
agencies, the agencies attached to the Government.
- The People’s Committees of the provinces and
centrally-run cities.
- The political organizations under the Vietnam
Fatherland Front.
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+ The socio-professional organizations.
+ The societies and associations (including
their affiliates) operating nationwide and set up by decisions of the competent
authorities.
+ The societies and associations (including
their affiliates) operating in provinces or centrally-run cities and set up by
decisions of the presidents of the People’s Committees of provinces or
centrally-run cities.
c/ The "managing agencies" mean the
agencies mentioned at Item b above.
d/ The "program owners" or
"project owners" (hereafter referred to as project owners for short)
mean organizations assigned to directly manage and use capital sources of the
aid-providing party for the implementation of aid programs or projects
according to the approved contents.
II. PREPARATION OF CONTENTS,
EVALUATION, RATIFICATION AND SIGNING OF PROGRAMS AND PROJECTS
2.1. Requirements for elaboration of NGO aid
program/project documents
a/ All NGO aid programs and projects must have
their own drafts for aid mobilization with major contents prescribed in
Appendix I to this Circular (not printed herein).
The drafts of programs/projects shall be used by
the managing agencies to coordinate with the aid-providing party in elaborating
the program/project documents.
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2.2. Evaluation and ratification of programs and
projects:
a/ The documents of NGO aid-funded programs and projects
mentioned in Clause 1, Items a, b and e; Clause 2, Item a, of Article 6 of the
NGO Aid Regulation must be evaluated and ratified by competent authorities for
signing and implementation.
b/ For programs and projects falling under the
ratifying competence of the Prime Minister as prescribed in Clause 1, Items a,
b and e of Article 6 of the NGO Aid Regulation, the Ministry of Planning and
Investment shall assume the prime responsibility for evaluation.
c/ For programs and projects falling under the
ratifying competence of the heads of managing agencies of the Vietnamese party
as prescribed in Clause 2, Item a of Article 6 of the NGO Aid Regulation, the
bodies assuming the prime responsibility for evaluation shall be decided by the
managing agencies.
d/ In the course of evaluation, the unanimous or
divergent opinions of concerned parties must be reflected in the evaluation
report by the body assuming the prime responsibility for evaluation.
e/ The concerned agencies participating in
evaluation shall be held responsible before law for the contents of their
opinions on NGO aid programs or projects.
f/ The body assuming the prime responsibility
for evaluation shall sum up opinions of the concerned agencies (in writing with
its head’s signature) and make the evaluation report. The evaluation report
must clarify the following contents:
- The conformity of the program/project with the
Government’s priority;
- The program/project’s feasibility regarding:
i/ the management and implementation capability; ii/ the mechanism for
coordination in the implementation process; iii/ the Vietnamese party’s
capability to make contribution, especially the reciprocal capital source;
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- The aid-providing party’s commitments,
prerequisites and other conditions (if any) for the provision of aids; as well
as the Vietnamese party’s commitments to implement the program/project;
- The efficiency and sustainability of the
program/project after its completion;
g/ A valid dossier for evaluation of NGO aid
program/project includes:
- The project owner’s written request for
evaluation.
- The managing agency head’s written request for
document requesting evaluation and ratification of the program/project
(applicable to programs and projects falling under the ratifying competence of
the Prime Minister).
- The original program/project documents in the
language used by the aid-providing party and the Vietnamese translation thereof
already agreed upon by the project owner and the aid-providing party.
- The aid-providing party’s written notice on
its commitment to provide aids or commitment to consider aids for the
program/project.
- The memorandum of understanding or agreement
on NGO aid provision signed between representatives of the Vietnamese party and
the aid-providing party.
- All written comments of the concerned agencies
on the program/project.
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h/ Procedures and time limits for evaluation of
programs and projects under the Prime Minister’s ratifying competence:
- Within 5 working days after receiving a
complete and valid dossier (8 sets) from the managing agency, the Ministry of
Planning and Investment shall send documents to the Government’s Office, the
Finance Ministry, the Union of Vietnam Friendship Organizations, the
Government’s specialized management bodies and concerned localities, requesting
the latter to give their official opinions on the program/project.
- Within 15 working days after the Ministry of
Planning and Investment issues the said documents, the concerned agencies shall
have to send their official written opinions to the Ministry of Planning and
Investment. Past this time limit, if these agencies have no written opinions,
they shall be regarded as having agreed to the program/project documents’
contents.
- Within 10 working days after the expiry of the
time limit for opinion contribution by the agencies, depending on the nature,
contents and size of the program/project, the Ministry of Planning and
Investment shall:
+ Sum up opinions and submit them to the Prime
Minister for consideration and decision.
+ Organize the evaluation of the program/project
with the participation of such agencies as the Government’s Office, the Finance
Ministry, the Union of Vietnam Friendship Organizations as well as concerned
ministries, branches and localities.
The evaluation results shall be reflected in the
evaluation result report.
Within 5 working days as from the evaluation
date (if the program/project needs not to be adjusted) or as from the date of
receiving the program/project documents already finalized according to
conclusions in the evaluation result report (if the program/project needs to be
adjusted), the Ministry of Planning and Investment shall submit such
program/project to the Prime Minister for consideration and ratification.
In cases where the program/project needs to be
adjusted, the managing agency shall have to coordinate with the aid-providing
party in adjusting it according to conclusions in the evaluation result report.
For the adjustment suggestions not accepted by the aid-providing party, the
managing agency shall have to notify them in writing to the Ministry of
Planning and Investment for further reporting to the Prime Minister for
decision.
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- Within 15 working days as from the date of
signing, the managing agency shall have to send to the Government’s Office, the
Ministry of Planning and Investment, the Finance Ministry and the Union of
Vietnam Friendship Organizations the program/project documents already signed
by representatives of the Vietnamese party and the aid-providing party, and
affixed with page-overlapping stamps.
i/ For programs and projects falling under the
ratifying competence of the heads of the managing agencies as defined in Clause
2, Item a of Article 6 of the NGO Aid Regulation:
- The heads of the managing agencies shall
ratify programs and projects within their competence and take personal
responsibility for their decisions.
- The procedures and time limits for evaluation
and ratification of programs and projects shall be stipulated and promulgated
by the managing agencies.
- For programs and projects implemented in the
areas or territorial regions involving national defense, security, religion and
ethnic matters, before deciding the ratification thereof, the managing agencies
shall have to reach agreement with the concerned agencies such as the Ministry
of Public Security, the Ministry of Defense and the Government Commission for
Religious Affairs. For programs and projects to be implemented by the central
agencies in localities, before deciding the ratification thereof, such agencies
shall have to consult the provincial-level People’s Committees of the
localities where the aid programs and projects shall be implemented. In case of
divergent opinions, the authority with ratifying competence shall have to
report such to the Prime Minister for consideration and decision.
- Within 10 working days as from the date of
ratification, the managing agency shall notify the aid-providing party of the
ratifying decision so as to proceed with the signing and implementation of the
program/project.
- Within 15 working days after the signing of
the program/project documents, the managing agency shall have to send to the
Ministry of Planning and Investment, the Finance Ministry and the Union of
Vietnam Friendship Organizations the ratifying decision (the original) together
with the ratified and signed program/project documents, affixed with
page-overlapping stamps.
j/ With regard to the aids provided for
overcoming post-emergency consequences (mentioned in Clause 6 of Article 2 of
the NGO Aid Regulation) and implemented in form of programs or projects, the
above-mentioned evaluation and ratification order and procedures shall apply.
III. MANAGEMENT OF
IMPLEMENTATION OF NGO AID PROGRAMS AND PROJECTS
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Owners of projects (including owners of
component projects, if any) must be defined in the program/project ratifying
decisions, issued by the competent authorities of the Vietnamese party.
3.2. The program/project management board
a/ The managing agency shall issue decision to
set up the program/project management board (hereafter called the project
management board for short) right after the program/project documents are
ratified by the competent authority.
b/ The project management board shall represent
the project owner, have full power to exercise, on behalf of the project owner,
the delegated powers and perform the assigned tasks, from the commencement till
the completion of the project, including the final account settlement,
pre-acceptance test, hand-over and putting of the project into exploitation and
use.
c/ The project management board must have
organization and operation regulation to be ratified by the managing agency.
3.3. Adjustment, amendment, supplement of the
contents of NGO aid programs/projects in the course of implementation
a/ In principle, the authority which is
competent to ratify a program/project shall ratify the adjustments, amendments
or supplements thereto in the course of implementation.
b/ For programs and projects ratified by the
Prime Minister:
- The following adjustments, amendments or
supplements must be submitted to the Prime Minister:
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+ Adjustments, amendments or supplements which
increase the ratified total capital by more than 10% or less than 10% but more
than USD 50,000 (for a single adjustment, amendment or supplement or
progressively for multiple adjustments, amendments or supplements).
- Other adjustments, amendments or supplements
shall be approved by the heads of the managing agencies.
The procedures and time limits for evaluation
and approval of adjustments, amendments or supplements to the contents of
programs or projects ratified by the Prime Minister shall be stipulated as
follows:
* Within 5 working days after receiving a
written request enclosed with detailed exposition from the managing agency, the
Ministry of Planning and Investment shall send a document to the Government’s
Office, the Finance Ministry, the Union of Vietnam Friendship Organizations and
the Government’s relevant specialized management agencies, requesting the
latter to give their official opinions on the proposed adjustments, amendments
or supplements to the program or project contents.
* Within 15 working days as from the date the
Ministry of Planning and Investment issues the document, the concerned agencies
shall have to send their official written opinions to the Ministry of Planning
and Investment. Past this time limit, if these agencies fail to send their
written opinions to the Ministry of Planning and Investment, they shall be
regarded as having agreed thereto and the Ministry of Planning and Investment
shall make a sum-up to be submitted to the Prime Minister for consideration and
decision.
c/ For programs and projects ratified by the
managing agencies:
- Any adjustments, amendments or supplements
which make the programs/projects fall in one of the cases prescribed in Clause
1, Items a, b and e of Article 6 of the NGO Aid Regulation must be submitted to
the Prime Minister for consideration and approval.
- Other adjustments, amendments or supplements
shall be approved by the heads of the managing agencies. The approval
procedures shall be stipulated and promulgated by the managing agencies.
VI. MONITORING, ASSESSMENT OF
NGO AID PROGRAMS AND PROJECTS
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4.2. The Ministry of Planning and Investment
shall coordinate with the Finance Ministry in assuming the prime responsibility
for preparing the contents and organizing the annual inspection and
supervision, in selected areas according to the provisions at Clause 1 of
Article 21 of the NGO Aid Regulation.
V. ORGANIZATION OF
IMPLEMENTATION
5.1. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the People’s Committees of the provinces and
centrally-run cities, the president of the Union of Vietnam Friendship
Organizations and the heads of the central bodies of mass and people’s
organizations shall have to implement this Circular.
5.2. This Circular takes effect 15 days after
its signing.
In the course of implementation, if any problems
arise, the concerned ministries, localities and units should report them to the
Ministry of Planning and Investment for appropriate supplement and finalization
of this Circular.
MINISTER OF PLANNING AND
INVESTMENT
Tran Xuan Gia