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THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
20-CP
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Hanoi,
March 15, 1994
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DECREE
ON
MANAGEMENT AND UTILIZATION OF OFFICIAL DEVELOPMENT AIDS RESOURCES
THE GOVERNMENT
Pursuant to the Law on
Organization of Government dated 30 September 1992;
Pursuant to the Ordinance on signing and implementing the international
Treaties of S.R. of Vietnam dated 7 October 1989;
To manage solely the Official Development Aids resources;
On the proposals of the Minister, Chairman of the State Planning Committee, the
Minister of Finance, Justice and the Government of the State Bank of Vietnam
DECREES
Article 1
To promulgate hereby in
conjunction with this Decree the Regulation on Management and Utilization of
Official Development Aids (ODA) resources.
Article 2
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The Minister, Chairman of the
State Planning Committee will be responsible for providing guidance on the
implementation of this Regulation.
Article 3
The Ministers, the head of
ministry ranking bodies, the heads of governmental offices, the chairmen of the
people's committee of the provinces and cities under central authority and the
heads of the central offices of the Mass Organizations shall be responsible for
the implementation of this Degree.
FOR THE GOVERNMENT
VICE PRIME MINISTER
Phan Van Khai
REGULATION
ON
MANAGEMENT AND UTILIZATION OF OFFICIAL DEVELOPMENT AIDS
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Chapter 1
GENERAL PROVISIONS
Article 1
The Government of the Socialist
Republic of Vietnam welcomes all foreign governments and organizations to
support Vietnam by providing Official Development Aids on the principles of
respecting its independence and sovereignty.
The Government of Vietnam
undertakes to utilize Official Development Aids in the most effective way, for
the right purposes and in compliance with the international treaties on
Official Development Aids that have been signed between Vietnam's government
and the foreign governments and organizations.
Article 2
The "Official Development
Aids" (hereafter referred to as ODA) in this Regulation mean a form of
development cooperation between Vietnam's government and foreign governments,
multi-government international organizations, Non- Governmental
Organizations.(hereafter referred to as foreign party).
Article 3
ODA are non-refundable
assistance and credits with privileged conditions in respect to interest and
term of payment, ODA include the following forms:
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+ ODA program
+ ODA project
Article 4
ODA for Vietnam is one of
important budgetary sources of the State and should be used for prior targets
of socio- economic building and development.
a/ A priority for having non -
refundable ODA will be given to programs and projects in the following fields:
+ Health care, population
control and family planning
+ Education and training
+ Social Affairs (doing away
with starvation and poverty, rural and highlands development, domestic water
supply, ect.)
+ Studying the development
programs and projects (overview, planning, feasibility reports etc.)
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+ Supporting the budgets
+ Supporting the scientific and
technological research activities
+ Supporting the production and
business operations in some specific cases.
b/ A priority for getting ODA
loans will be given to projects and programs for constructing or upgrading the
socio-economic infrastructure in the following fields:
+ Energy
+ Transport and Communication
+ Agriculture
+ Water resources development
+ Information and
Telecommunication
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+ Some others, including
specific production projects.
In some concrete cases, the
combination of non- refundable ODA and loans shall be possible.
Article 5
a/ The government will solely
manage ODA. The management includes : To lay down the guidelines and
orientations attracting and canvassing foreign parties. To negotiate and sign
international treaties. To conduct supervising and evaluating activities during
implementation The State Planning Committee, the Ministries of Finance,
Foreign Affairs, the State Bank of Vietnam and the Government's office shall
assist the Prime Minister in macro management. The State Planning Committee
will be the key body functioning the dispatch, management and utilization
of ODA resources.
b/ The Ministries and ministry
ranking bodies, government offices, the People's committee of provinces and cities
under central authority and the central offices of mass organizations shall be
responsible to the government for effective management and utilization of ODA
resources offered to the programs and projects in their respective sphere of
responsibility.
c/ The ODA program
directors, ODA project managers and investors shall be responsible for the
implementation of the state provisions on the ODA management and utilization as
well as the terms of international treaty relevant to the received ODA.
Chapter II
SIGNING THE ODA INTERNATIONAL TREATIES.
Article 6
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The State Planning Committee
will co-ordinate the ministries, ministry ranking bodies and government offices
concerned to set forth the ODA canvassing guidelines and orientations, the
proposed ODA planning and to draw up the list of privileged ODA programs and
projects to be submit to the government for approval.
The State Planning Committee
will cooperate with the Ministry of Foreign Affairs and the related bodies in
preparation and organization of ODA canvassing campaign.
Article 7
Based on approved ODA planning
and the list of privileged ODA programs and projects, the State Planning
Committee and the Ministry of Finance should come to an agreement on the limit
and conditions of ODA loan and payment to prepare the contents to be negotiated
with foreign partner and submit them to the Prime Minister for approval.
After approving, the Prime
Minister will assign the State Planing Committee or a state body to hold talks
with foreign party. Before holding talk, the assigned body must agree with the
State Planning Committee on the negotiation of contents and with the
Ministry of Finance on the limit and conditions of ODA loan and payment
(in case of ODA credits).
Any amendment of the approved
contents arises from the talks must be submitted to the Prime Minister for his
consideration and decision, it would consult the State Planning Committee.
If the negotiating body was
other than the State Planning Committee, before referring the amendments to the
Prime Minister, it would consult the State Planning Committee.
Article 8
After the end of the talk, the
authorized to hold talks body will refer the results of the talk, the proposed
agreement to be signed to the Prime Minister and nominate a candidate who will
be on the government to sign international treaty with the foreign party to the
submitted document official comments in will written form of the State Planning
Committee, the Ministry of Foreign Affairs, Justice, Finance must be attached.
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The procedure of signing,
submitting the origin of the ODA international treaty to the Government
for approval is in compliance with the terms stipulated in the Article 6 (item
3) the article 7 and 8 of Decree No 182/HDBT dated 28 May 1992 of the
Government.
Article 10
In case the ODA international
treaty is required to be signed by the name of the State of Vietnam , the
proposing body must comply with the stipulation of Article 7,8 and 9 of this
Regulation so that the Prime Minister can submit the matter to the President of
the Vietnam for his consideration and decision.
Article 11
In case if there were in the
ODA international treaty the clauses which are in contrary to the law of
Vietnam, the proposing body would have to cooperate with the Ministries of
Foreign Affairs and Justice to make a report then send it to the Prime
Minister, the last will submit the matter to the President of the Vietnam for
his consideration and decision.
Chapter III
ODA MANAGEMENT
Article 12
ODA resources in form of money,
goods, machinery, equipment, construction works must be managed in compliance
with the system of the State budgetary management.
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Article 13
ODA management in capital
construction must be in compliance with the above mentioned regulation and with
in effect at present state system of investment management in capital
construction. Any capital construction work must have, as stipulated, its
completed legal file.
Construction schedule must be
described and balanced in annual investment plan for capital construction of the
state, the Ministry, branch and locality as well. If the foreign regulation on
funds use, applied to some concrete programs or projects, are not fit for
Vietnam's regulation in effect at present, the related ministries and branches
must submit the matter to the Government for decision.
Article 14
The non-refundable ODA items may
be re-allocated by the Government in form of the State budgetary financing of
capital construction or in form of the state investment credits. The Government
allocates the non - refundable ODA items by the state budgetary financing of
capital construction, display in the annual investment plan for capital
construction as the investment for building socio-economic
infrastructures that are insolvent projects.
Through some banks, appointed by
the Government, ODA items for solvent programs and projects shall be used for
re- crediting. The State Planning Committee, subject to the specific
characteristics of each borrowed fund and assistance, after consulting the
Ministry of Finance and the State Bank of Vietnam on the re-crediting plan,
will submit it to the Prime Minister for approval.
The project implementing agency
using the ODA items re-credited by the state is responsible for repayment the
loan in accordance with the present regulations.
Article 15
The State Planning Committee, in
cooperation with the state bodies concerned, will distribute ODA resources to
the programs and projects which are suitable for the nature and particularities
of each sponsorship to ensure maximum efficiency of resources use.
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ODA programs and projects must
be implemented by international competitive tender. Only in some special cases,
the decision will be subject to the Prime Minister. The international tendering
for implementation of ODA programs and projects will be performed in accordance
with the regulation on international bid stipulated by the Government.
Article 17
The heads of Ministries,
branches, localities and the central offices of mass organizations shall be
responsible to the Government for controlling, supervising the reception and
utilization of ODA resources of programs and projects in their respective
sphere of management.
The State Planning Committee,
the Ministry of Finance, the State Bank of Vietnam, the Ministry of Foreign Affairs
and Government's office shall be responsible for guiding and helping the
ministries, branches and localities in the inspection and supervision, at the
same time, according to their respective functions, shall directly carry out
periodical and sudden inspection and supervision of ODA management and
utilization of the ministries, branches and localities concerned.
The inspection of the ODA
capital construction works must be in compliance with the provisions on
management of capital construction valid at present.
Article 18
Every quarter and every year ODA
project managers and ODA programs directors have to make reports on ODA
reception and utilization to be submitted to the related managerial bodies.
After the termination of a
project or program, project manager or program director has to send to the body
in charge, the State Planning Committee, the Ministry of Finance, the State
Bank of Vietnam and the Government's office a report on the final results of
ODA reception and utilization, to which financial report should be attached.
The management of
non-governmental sources will continue complying with the regulations on
assisting relationship with non-governmental organizations, issued in
conjunction with decision No 80/CT dated 28 March 1991 of the Chairman of the
Council of Ministers ( Now- the Prime Minister)