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THE
PRIME MINISTER OF GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
64/2001/QD-TTg
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Hanoi,
April 26, 2001
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DECISION
PROMULGATING THE REGULATION ON THE MANAGEMENT AND USE OF
FOREIGN NON-GOVERNMENTAL AIDS
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
At the proposal of the Minister of Planning and Investment,
DECIDES:
Article 1.- To issue together
with this Decision the Regulation on the Management and Use of Foreign
Non-Governmental (NGO for short) Aids.
Article 2.- This
Decision shall replace the Prime Ministers Decision No. 28/1999/QD-TTg of
February 23, 1999 and take effect 15 days after its signing. The earlier
regulations contrary to this Decision are all now annulled.
Article 3.- The Minister
of Planning and Investment and the Finance Minister shall have to guide and
inspect the implementation of this Decision.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Manh Cam
REGULATION
ON THE MANAGEMENT AND USE OF FOREIGN NON-GOVERNMENTAL AIDS
(Issued together with the Prime Ministers Decision No.64/2001/QD-TTg of
April 26, 2001)
Chapter I
GENERAL PROVISIONS
Article 1.- This
Regulation governs all activities of attracting, managing and using foreign
non-governmental aids (hereafter called NGO aids for short).
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NGO aids are provided in the following major
forms:
- Aids provided through programs and projects.
- Non-projects aids (including emergency
relief).
Article 2.- Term
interpretation
In this Regulation, the following terms shall be
construed as follows:
1. "Program" is a group of
interrelated projects involving different economic-technical branches,
territorial regions and subjects, which should be implemented by the method of
inter-branch approach in a relatively long period with the use of means to be
mobilized from various sources by different modes.
2. "Project" is a combination
of interrelated activities aimed to achieve one or a number of specific
objectives within a given time limit, based on the definite resources.
3. "NGO aid agreement" is a
document acknowledging the initial intention (legally unbinding) on NGO aids
between representatives of the Vietnamese party and the aid-providing party.
4. "NGO aid program or project documents"
mean the official documents reflecting the commitment between representatives
of the Vietnamese party and the aid-providing party on a specific program or
project, which clearly define the objectives, activities and results to be
achieved, resources to be used, implementation duration and plan, obligations,
interests and responsibilities of concerned parties.
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6. "Emergency relief" is a
non-project aid provided urgently right after the occurrence of emergency cases
(natural calamities or other catastrophes) for not more than 2 months from the
end of emergency cases. Past this time limit, if such relief still continues,
it shall be considered aid to overcome the post-emergency consequences.
Article 3.- NGO aids
shall be used to achieve humanitarian objectives and support the realization of
prioritized socio-economic development targets of Vietnam in each period.
Chapter II
NGO AIDS MOBILIZATION,
NEGOTIATION, RATIFICATION AND SIGNING
Article 4.- The
mobilization of NGO aids shall be conducted regularly, according to orientation
and in an organized manner:
1. The mobilization of NGO aids for programs and
projects must be based on the concrete socio-economic development requirements,
public investment programs, planning and plans on the attraction and use of
outside support capital of the State, each branch and each locality in each
period; as well as the reception capacity (including the reciprocal capital
sources).
2. The mobilization of aids for humanitarian
purposes must be based on the social situation and actual demands of the
ministries, branches, localities and people�s
organizations in each year or each period.
3. The mobilization of emergency relief must be
based on the actual amounts of losses in human lives, properties,
constructions... in each region or locality hit by natural calamities or other
catastrophes. The Ministry for Foreign Affairs shall coordinate with the
relevant agencies in considering and proposing the Prime Minister to decide the
amount of emergency relief to be called for from international community
(including the aid-providing party prescribed in this Regulation).
Article 5.- Bases for
NGO Aids negotiation and conclusion:
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2. For non-project aids, it is necessary to
clearly state the aids�
contents, aids objects and recipients, make the detailed list of aid goods, and
estimate the total value of aids if they are provided in kind or clearly
determine the total value of aids if they are offered in cash.
For emergency relief, in addition to the
above-mentioned requirements, it is necessary to point to the damage extent and
essential needs that must be satisfied immediately during the time of
emergency.
3. The signing of NGO aid shall be effected only
when they are ratified by the competent levels prescribed in Article 6 of this
Regulation.
Article 6.- The
competence to ratify NGO aids is prescribed as follows:
1. The Prime Minister shall ratify:
a/ Programs and projects using NGO aids valued
at USD 500,000 or more.
b/ All programs and projects with contents
related to the institutions, policies, laws, administrative reform, culture and
information, religion, defense and security.
c/ Non-project aids valued at USD 200,000 or
more.
d/ Non-project aids in support of activities
with contents mentioned at Point b, Clause 1 of Article 6.
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f/ Emergency relief without concrete addresses
(the aid-providing party does not prescribe aid for any specific aid-receiving
locality).
2. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the Peoples Committees of the provinces and
centrally-run cities, the heads of the central bodies of peoples organizations
(or authorities competent to decide the establishment of organizations without
central bodies) shall ratify:
a/ Programs and projects capitalized at under
USD 500,000 (except for Clauses 1b and 1e of Article 6).
b/ Non-projects aids valued at under USD 200,000
(except for Clauses 1d and 1e of Article 6).
c/ All kinds of emergency relief to concrete
addresses.
Article 7.- The sale of
goods belonging to NGO aids is stipulated as follows:
1. Goods belonging to NGO aids, which are
brought into Vietnam for sale as agreed upon by the concerned parties in order
to attain the set objectives, shall be examined and decided by the competent
authorities simultaneously with the ratification stipulated in Article 6 of
this Regulation.
2. The above goods must be auctioned according
to the provisions of the Governments Decree No. 86/CP of December 19, 1996
promulgating the Regulation on Property Auction.
Chapter III
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Article 8.- The
Government shall exercise the unified State management of all NGO aid sources,
from the aid mobilization to aid negotiation and signing with the aid-providing
party; from monitoring and supervision of the implementation process to the
assessment of the results and efficiency of the use of NGO aids.
Article 9.- The Ministry
of Planning and Investment shall take responsibility for coordination and
management of NGO aid-funded programs and projects, make and send biannual and
annual sum-up report on NGO aid situation to the Prime Minister. It shall have
the following tasks:
1. To share with concerned agencies the
responsibility for guiding the ministries, branches, localities and peoples
organizations to work out programs and projects for mobilization of NGO aids.
2. To appraise and sum up opinions of the
relevant agencies before submitting them to the Prime Minister for
consideration and ratification of the programs and projects mentioned at Points
a, b and e, Clause 1, Article 6 of this Regulation.
3. To consult the Finance Ministry before
submitting to the Prime Minister for consideration and ratification non-project
aids mentioned at Points c, d and e, Clause 1, Article 6 of this Regulation.
4. To coordinate with the Finance Ministry in
arranging the reciprocal capital in the annual State budget plan for units
entitled to the State budget allocations for the implementation of programs or
projects under commitments with the aid-providing party and in accordance with
the provisions of the State Budget Law and the Governments Decree No.87/CP of
December 19, 1996 on the division of responsibility for management,
elaboration, execution and settlement of the State budget.
5. To coordinate with the Finance Ministry, the
Union of Vietnam Friendship Organizations and relevant agencies in organizing
the supervision and inspection of the reception, management and use of aids;
sum up, analyze and assess the efficiency of NGO aids; handle the related
matters within its competence and propose the Prime Minister to consider and
decide matters beyond its competence.
6. To coordinate with the General Department of
Statistics in issuing forms of reports on programs and projects.
Article 10.- The
Finance Ministry shall take responsibility for the State financial management
of NGO aids and assume the prime responsibility for regulating and managing
non-project aids. It shall have the following tasks:
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2. To arrange reciprocal capital in the annual
State budget plan as mentioned at Clause 4, Article 9 of this Regulation.
3. To monitor and inspect the situation on the
reception, use and management of NGO aids within the branchs professional
scope.
4. To sum up non-project aids as well as the
final financial account settlement of all NGO aids; to join the Ministry of
Planning and Investment in making sum-up biannual and annual reports on NGO aid
situation and submitting them to the Prime Minister.
5. To take part in the evaluation of programs
and projects, which fall under the Prime Ministers competence for ratification.
6. To sum up opinions and submit them to the
Prime Minister for consideration and decision regarding non-project aids
mentioned at Points c, d, e and f, Clause 1, Article 6 of this Regulation.
7. To take responsibility for receiving and
distributing emergency relief mentioned at Point f, Clause 1, Article 6 of this
Regulation and report the implementation results to the Prime Minister.
8. To coordinate with the Ministry of Planning
and Investment and the General Department of Statistics in issuing forms of
reports on non-project aids.
Article 11.- The
Ministry for Foreign Affairs shall have the following tasks:
1. To coordinate with the relevant agencies in
mobilizing and taking advantages of NGO aids.
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Article 12.- The
Government Office shall have the following tasks:
1. To assist the Prime Minister in inspecting
and urging the implementation of this Regulation.
2. To take part in the evaluation work and
making suggestions and proposals on policies and mechanisms... for programs and
projects; to give its opinions on non-project aids, which fall under the Prime
Ministers competence for decision before submitting them to the Prime Minister.
Article 13.- The Union
of Vietnam Friendship Organizations shall assume the prime responsibility in
contacting and mobilizing the aid-providing party to provide aids. It shall
have the following tasks:
1. To coordinate with the Ministry for Foreign
Affairs and concerned agencies in organizing the mobilization of NGO aids,
based on the prioritized domains and orientations as well as the general
foreign policy.
2. To take part in the evaluation (mainly to
supply information and comment on the aid-providing partys activities...) of
programs and projects; to give the Finance Ministry its opinions on non-project
aids, which fall under the Prime Ministers competence for decision, and take
part in monitoring the operations of NGO aid-funded projects.
3. To notify the Ministry of Planning and
Investment of the situation on mobilization of NGO aids biannually and annually
so that the latter may make a sum-up report and submit it to the Prime
Minister.
4. To coordinate with the Ministry for Foreign
Affairs in proposing to the Prime Minister undertakings on the mobilization of
emergency relief.
Article 14.- The
Ministry of Public Security shall have the following tasks:
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2. To give the Ministry of Planning and
Investment and the Finance Ministry its opinions on programs and projects as
well as non-project aids relating to the States institutions, policies, laws,
religion, defense and security before there are submitted to the Prime Minister
for consideration and decision.
Article 15.- The
Government Commission for Religion is tasked to guide and support Vietnamese
agencies and organizations to implement the States undertakings and policies on
religion in the course of receiving and using NGO aids.
Article 16.- The
ministries, the ministerial-level agencies, the agencies attached to the
Government, the Peoples Committees of the provinces and centrally-run cities
and the central bodies of peoples organizations shall have the responsibility:
1. To determine their attached agencies and
units, which are capable of assuming the main responsibility for and manage NGO
aids according to the practical situation of their respective agencies and
localities.
2. To direct their attached units to mobilize
and take the advantage of assistance of the aid-providing party on the basis of
the prioritized domains and orientations in their annual or periodical plans as
well as the general external relations policy of the State.
3. To direct their attached units to prepare
contents of programs, projects and proposals on humanitarian aids, and send them
to the State management agencies mentioned in Articles 9, 10, 11, 12 and 13 of
this Regulation for use as basis for the mobilization and ratification of NGO
aids.
4. To coordinate with the functional agencies in
inquiring into and contacting the aid-providing party.
5. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the Peoples Committees of the provinces and
centrally-run cities and the heads of the central bodies of peoples
organizations shall ratify foreign NGO aids according to their competence
prescribed in Article 6 of this Regulation (for NGO aids which relate to any
ministries, branches or localities, such ministries, branches or localities
must be consulted before the ratification thereof) and take responsibility for
ratification, arrangement of reciprocal capital and management of the use of
those aids. The aid-ratifying decisions (enclosed with the relevant documents
and dossiers) must be sent to the Ministry of Planning and Investment and the
Finance Ministry within 15 days after the ratification.
6. To take responsibility for directing,
guiding, urging, inspecting and supervising their attached units in receiving,
managing and using NGO aids in strict compliance with the current regulations
and commitments with the aid-providing party. To promptly detect violations
related to religion, security, nationality and management regulations... in the
course of receiving NGO aids for handling according to their competence or
reporting to the concerned agencies mentioned in Article 10 and Article 15 of
this Regulation.
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8. To sum up reports on the results of
reception, distribution and use of all types of emergency relief mentioned at Point
c, Clause 2, Article 6 of this Regulation, before submitting them to the Prime
Minister as well as the Ministry of Planning and Investment and the Finance
Ministry.
Chapter IV
IMPLEMENTATION OF
NON-GOVERNMENTAL AIDS
Article 17.- Supplies, goods,
machinery, equipment and transport means imported or purchased in the country
with the use of NGO aids, which have been ratified by the competent
authorities, shall be exempt from import tax, special consumption tax and VAT
(if any) under the current tax laws.
Article 18.-
1. Not to receive goods
(including supplies and equipment) on the list of goods banned from import as
prescribed by the Government.
2. For the used goods, the receiving agencies
shall agree to receive them only when the aid-providing party can produce
certification by the competent agency of its home country that those goods
still retain 80% or more of their quality, and shall notify the aid-providing
party to send such goods only when the Vietnamese competent authority prescribed
in Article 6 permits the reception thereof.
Article 19.-
Responsibility of the units directly receiving and implementing NGO aids:
1. The units assigned to prepare programs and
projects shall have to compile the program and project documents and submit them
to the competent authorities for approval before implementation.
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3. To carry out the procedures for reception of
the used goods mentioned at Clause 2, Article 18 of this Regulation.
4. To join the concerned agencies in
coordinating with the aid-providing party to carry out the preparation work and
provide necessary support.
5. To implement aids according to the agreements
and commitments with the aid-providing party and in accordance with the
Governments current regulations on financial and monetary management, capital
construction and bidding for goods procurement as well as in strict compliance
with guidance of the higher-level agencies mentioned at Clause 6, Article 16 of
this Regulation.
6. To prepare periodical, final and
extraordinary reports (if any) on the reception, implementation and financial
situation of NGO aids by their units and submit them to the superior managing
agencies for summing up and reporting them to the functional agencies mentioned
at Clause 2, Article 20 of this Regulation.
Article 20.- The regime
of reporting on the use of NGO aids shall be effected biannually, annually and
upon the completion of NGO aid implementation:
1. The ministries, the ministerial-level
agencies, the agencies attached to the Government, the Peoples Committees of
the provinces and centrally-run cities and the central bodies of peoples
organizations shall make sum-up reports on the situation of the implementation
and financial situation of all NGO aids.
2. Within 2 weeks after the end of 6 months, 1
month after the year of implementation and 3 months after the completion of all
NGO aid agreements, all reports must be sent to the Ministry of Planning and
Investment, the Finance Ministry and the General Department of Statistics for
monitoring, summing up and reporting to the Prime Minister.
3. The reports contents shall comply with the
Ministry of Planning and Investments and the Finance Ministrys guidance
prescribed in Clause 6 of Article 9 and Clause 8 of Article 10 of this
Regulation.
Article 21.- Inspection
and examination of reception and use of NGO aids:
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2. The extraordinary inspection and supervision
shall be proposed by the concerned functional agencies and carried out at the
specific requests.
3. The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government, the presidents of the Peoples Committees of the provinces and
centrally-run cities and the heads of the central bodies of peoples
organizations shall have to direct functional agencies in monitoring and
inspecting the performance of tasks by the branches, authorities and units that
receive and use NGO aids mentioned in this Regulation; and inspect all acts
showing signs of violation of this Regulation.
Any organizations or individuals breaching this
Regulation shall be handled according to the provisions of law.