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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.03/1999/ND-CP
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Hanoi, January
28, 1999
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DECREE
REFERRING TO
CO-OPERATION WITH FOREIGN PARTIES IN ADMINISTRATIVE REFORMS
GOVERNMENT
Pursuant to Government Organisation Law dated
September 30, 1992;
Pursuant to an aim at strengthening State management on and raising the
efficiency of co-operation with foreign parties in administrative reforms;
Pursuant to a request from Minister, Head of the Government Personnel
Committee,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1: Application sphere
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Article 2: Terms required for implementing
co-operation with foreign parties in administrative reforms
1. The implementation of co-operation with
foreign parties in administrative reforms is required to be made on the basis
of respecting the independence, sovereignty and national defence of the related
parties and following the constitution and law of the State of Vietnam;
2. Co-operation with foreign parties in
administrative reforms is required to follow Vietnam Communist Partys direction
and the socio-economic development strategy issued by the Vietnamese State for
specific periods;
3. Programmes and projects implemented via
co-operation with foreign parties in administrative reforms are required to be
approved by relevant authorities according to law.
Article 3: Forms to implement co-operation
with foreign parties in administrative reforms
Forms to implement co-operation with foreign parties
in administrative reforms include:
1. Programmes and projects implemented through
co-operation with foreign parties in administrative reforms, which use ODA
(official development assistance) and are hereinafter called programmes and
projects;
2. Operations implemented via co-operation with
foreign parties in administrative reforms which do not belong to programmes and
projects stipulated in Article 1 of this Decree (hereinafter called
co-operative activities) include:
a. Exchanging information and experience related
to administrative reforms;
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c. Holding and participating in conferences,
seminars and talks referring to administrative reforms inside and outside the
nation;
d. Tours to foreign countries by Vietnamese
organisations and bodies and tours to Vietnam by foreign parties, which are
related to administrative reforms.
Chapter II
STATE MANAGEMENT ON
CO-OPERATION WITH FOREIGN PARTIES IN ADMINISTRATIVE REFORMS
Article 4: State management on co-operation
with foreign parties in administrative reforms
The Government stipulates that State management
on co-operation with foreign parties in administrative reforms includes:
1. Issuing legal documents on co-operation with
foreign parties in administrative reforms;
2. Issuing decisions and plans to implement
co-operation with foreign parties in administrative reforms;
3. Approving programmes and projects implemented
via co-operation with foreign parties in administrative reforms;
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Article 5: Duties and powers of the
Government Personnel Committee
The Government Personnel Committee which is in
charge of assisting the Government in consistently managing activities related
to co-operation with foreign parties in administrative reforms has the
following duties and powers:
1. Being solely authorised to deal with
co-operation with foreign parties in administrative reforms;
2. Setting up legal documents referring to
co-operation with foreign parties in administrative reforms and then submitting
these documents to the State relevant authorities for approval;
3. Submitting to the Government plans to
co-operate with foreign parties in administrative reforms which are set up for
specific periods on the principle of giving priority to the use of ODA granted
by the foreign parties and the Government;
4. Directing Vietnamese organisations and bodies
to set up programmes and projects to be implemented via co-operation with
foreign parties in administrative reforms using ODA. These plans are submitted
to the Ministry of Planning and Investment and other relevant authorities. The
ministry places these programmes and projects into the list of programmes and
projects prioritised to receive ODA annually which is submitted to the Prime
Minister for approval;
5. Co-ordinating with ministries of Foreign
Affairs, and Planning and Investment to mobilise financial assistance for
programmes and projects which are to be implemented via co-operation with
foreign parties in administrative reforms by using ODA;
6. Co-ordinating with the Ministry of Planning
and Investment and other relevant authorities to approve programmes and
projects which are to be implemented via co-operation with foreign parties in
administrative reforms by using ODA and have been approved by the Prime
Minister;
7. Co-ordinating with the Ministry of Planning
and Investment and other relevant authorities to operate programmes and
projects which are implemented via co-operation with foreign parties in
administrative reforms by using ODA; and being in charge of operating other
activities implemented via co-operation with foreign parties in administrative
reforms;
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9. Making and sending reports on co-operation
with foreign parties in administrative reforms to the Prime Minister; and
summarising the interested reports when these programmes and projects finish.
Article 6: Duties and powers of ministries
and ministerial and Governmental bodies
Ministries of Planning and Investment, Foreign
Affairs, Finance and Justice, and Governments Office are in charge of
implementing State management on programmes and projects operated via
co-operation with foreign parties in administrative reforms according to
Governments regulations on managing and using ODA.
Article 7: Duties of Vietnamese organisations
and bodies implementing co-operation with foreign parties in administrative
reforms
1. Setting up programmes and projects to be implemented
via co-operation with foreign parties in administrative reforms and submitting
these programmes and projects to the authorities for approval according to
current regulations;
2. Managing and operating programmes and
projects implemented via co-operation with foreign parties in administrative
reforms, which have been approved by the authorities;
3. Making regular reports on the implementation
of co-operative programmes and projects according to regulations stipulated in
Article 6 of this Decree by the Government Personnel Committee and other
relevant authorities every six months and every year.
Chapter III
SETTING UP, APPROVING AND
IMPLEMENTING PROGRAMMES AND PROJECTS OPERATED VIA CO-OPERATION WITH FOREIGN
PARTIES IN ADMINISTRATIVE REFORMS
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The setting up, approval and implementation of
programmes and projects operated via co-operation with foreign parties in
administrative reforms stated in Item 1, Article 3 of this Decree are
implemented according to Governments regulations on managing and using ODA.
Specifically,
1. Vietnamese organisations and bodies set up
co-operative programmes and projects and send them to the Government Personnel
Committee. These programmes and projects are then listed as programmes and
projects prioritised to receive assistance for specific periods, and submitted
to relevant authorities according to guidelines from the Government Personnel
Committee;
2. On the basis of the list of co-operative
programmes and projects approved and pledged to be financed by the foreign
parties, Vietnamese organisations and bodies complete required documents needed
for these programmes and projects and then send them to the Government
Personnel Committee for consideration before they are being submitted to the
relevant authorities for approval;
3. After the above co-operative programmes and
projects are approved by the relevant authorities, Vietnamese organisations and
bodies start to sign documents related to these programmes and projects
according to stipulations stated in the Ordinance on Signing and Implementing
International Treaties;
4. Vietnamese organisations and bodies are in
charge of establishing management units of the co-operative programmes and
projects. This aims at implementing these programmes and projects according to
targets and commitments stated in the signed documents.
Article 9: Amending, adding to and extending
the duration of programmes and projects implemented via co-operation with
foreign parties in administrative reforms
The amendment of, addition to and extension of
the duration of projects operated by Vietnamese organisations and bodies via
co-operation with foreign parties in administrative reforms are implemented
according to Governments regulations on managing and using ODA which are
enclosed with written suggestion(s) from the Government Personnel Committee.
Article 10: Managing co-operation with
foreign parties in administrative reforms
Co-operation with foreign parties in
administrative reforms which is stated in Item 2, Article 3 of this Decree is
implemented according to Governments regulations on holding and controlling
conferences and seminars in Vietnam and Governments regulations on entrance and
exit procedures. In regards to co-operative programmes an projects required to
be approved by the Prime Minister, the interested organisations and bodies are
required to submit these programmes and projects which are enclosed with
written assessment of the Government Personnel Committee to the Prime Minister
for approval.
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Co-operative programmes and projects violating
regulations stipulated in this Decree are suspended or abolished according to
the violations nature.
The Prime Minister considers and decides the
suspension and abolishment of programmes and projects implemented by Vietnamese
organisations and bodies according to a request from the Ministry of Planning
and Investment which is enclosed with written approval from the Government
Personnel Committee.
Organisations and/or individuals violating
regulations stipulated in this Decree are punished according to law based on
the violations nature.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 12: This Decree is effective 15
days after the date of signing. The Government Personnel Committee is in charge
of providing guidelines for the implementation of this Decree.
Article 13: Ministers, heads of
ministerial bodies and Governmental bodies and centrally controlled municipal
and provincial Peoples Committees are in charge of implementing this Decree.
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