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THE
MINISTRY OF CONSTRUCTION
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
24/2006/QD-BXD
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Hanoi,
August 21, 2006
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DECISION
PROMULGATING THE REGULATION ON MANAGEMENT AND USE OF
OFFICIAL DEVELOPMENT ASSISTANCE (ODA) SOURCES OF THE CONSTRUCTION MINISTRY
THE MINISTER OF CONSTRUCTION
Pursuant to the Government's Decree No.
36/2003/ND-CP of April 4, 2003, defining the functions, tasks, powers and organizational
structure of the Ministry of Construction;
At the proposal of the directors of the International Cooperation Department
and the Legal Department,
DECIDES:
Article 1.- To
promulgate together with this Decision the Regulation on management and use of
official development assistance (ODA) sources of the Construction Ministry.
Article 2.- This
Decision shall take effect 15 days after its publication in "CONG
BAO."
Article 3.- The
directors of the International Cooperation Department, the Legal Department and
the Ministry's Office, and the heads of the units under the Ministry of
Construction shall have to implement this Decision.
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MINISTER OF
CONSTRUCTION
Nguyen Hong Quan
REGULATION
ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE
(ODA) SOURCES OF THE CONSTRUCTION MINISTRY
(Promulgated together with the Construction Minister's
Decision No. 24/2006/QD-BXD of August 21, 2006)
Chapter I
GENERAL PROVISIONS
Article 1.- Governing
scope and application subjects
This Regulation governs activities of
attracting, managing and using official development assistance sources
(including non-refundable aids and preferential loans granted by international
donors, hereinafter called ODA for short).
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Article 2.- Basic
principles on mobilization, reception, management and use of ODA of the
Construction Ministry
Activities of mobilizing, receiving, managing
and using ODA shall be based on the following principles:
1. Encouraging the Ministry's units,
organizations and individuals, based on their respective functions and tasks,
to be active and take initiative in mobilization and attraction of ODA projects
in service of the industry's state management tasks as well as the production
and business of enterprises;
2. Receiving, managing and using ODA in parallel
with raising its use efficacy and debt-payment capability, in line with the
reception capacity of implementing units;
3. Receiving, managing and using ODA for
programs/projects in strict compliance with the provisions of law in order to
support the realization of the Government's socio-economic development
objectives as well as development objectives of the construction industry;
4. Clearly defining responsibilities of the
units, ensuring their close coordination and promoting their initiative in the
execution of programs/projects;
5. The Construction Ministry shall exercise the
unified management of programs/projects executed by units attached to it.
Chapter II
LISTING AND MOBILIZING
ODA PROGRAMS AND PROJECTS
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1. Non-refundable ODA sources shall be used with
priority for programs/projects in the following domains:
a/ Materialization of strategies and
orientations for development of the construction industry;
b/ Improving the Construction Ministry's state
management capacity and supporting the administrative reform; improving the
institutional capacity (organization, training, human resource development,
drafting of legal documents);
c/ Urban planning and development;
d/ Planning and development of urban technical
infrastructure (water supply and drainage and environmental sanitation...);
e/ Supporting new technology research and
transfer;
f/ Other domains as decided by the Construction
Minister.
2. ODA preferential loans shall be given with
priority to programs and projects in the domains of wastewater or solid waste
treatment, environmental sanitation, water supply and drainage, urban upgrading
and development, dwelling houses for low income-earners, and large-scale
programs/projects with slow capital recovery and projects on the transfer of
new and advanced technologies.
ODA preferential loans shall each consist of two
parts: one for technical assistance in service of consultancy and preparation
of programs/projects, to be assigned by the Ministry to a management board for
execution; and another for investment in projects whose owners are local
authorities directly managing and using ODA; the management board of the
Ministry may, on a case-by-case basis, play the role of a central coordination
board to support localities in the execution of projects.
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1. Proposing ODA programs/projects:
Annually, based on the industry's planning and
plans and their respective functions and tasks, units shall take initiative in
proposing and sending lists of programs and projects in need of ODA attraction
and mobilization, enclosed with the outlines thereof, to the Planning and
Statistics Department for sum-up and to the International Cooperation
Department for mobilization of aids.
2. Selecting ODA programs/projects:
The Planning and Statistics Department shall
assume the prime responsibility for, and coordinate with specialized
departments in, summing up the lists of ODA programs/projects to be reported to
the Ministry's leaders, and send to the Ministry of Planning and Investment
written requests for the grant of ODA.
Article 5.- Mobilization
of ODA
The International Cooperation Department shall
act as the major unit to coordinate with the Planning and Statistics
Department, the specialized departments and units under the Ministry in
mobilizing ODA on the basis of:
- Priority domains for ODA use of the
construction industry;
- Lists of ODA programs/projects to be given
priority in ODA attraction and mobilization, already approved by competent
authorities;
- Priority domains of bilateral and multilateral
donors for the construction industry;
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Chapter III
PREPARATION, APPRAISAL,
APPROVAL OF ODA PROGRAMS/PROJECTS
Article 6.- Preparation
of programs/projects
1. After receiving an official notice on the
list of ODA programs/projects, the International Cooperation Department shall
coordinate with the Organization and Personnel Department and the concerned
departments in making proposals on organization and personnel and submit them
to the Minister for issuance of decisions to set up program/project preparation
boards (hereinafter called project preparation boards), to nominate heads of
project preparation boards or assign the task of project preparation to project
owners for performance.
2. Program/project preparation boards or project
owners shall have the following tasks:
a/ To study and firmly grasp the Construction
Ministry's and donors' regulations on the process of preparing and executing
programs/projects;
b/ To inquire into the programs/projects'
objectives, requirements and conditions;
c/ To elaborate plans on preparation of
programs/projects according to the prescribed contents and submit them to the
Minister for approval;
d/ To clearly identify requirements on
personnel, training and funding (including advance capital, if any), working
facilities and relationships which need to be handled in the process of
preparing programs/projects;
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f/ To act as a major body for coordination with
domestic organizations and donors in the elaboration of program/project
documentation;
g/ To draft organization and operation regulations
and other necessary documents for project management boards;
h/ To prepare program/project documentation
according to the contents prescribed in the Regulation on ODA management and
use as well as relevant guiding documents for submission to the Minister for
approval;
i/ To join in negotiation on specific
international treaties on ODA.
Article 7.- Appraisal
and approval of ODA programs/projects
1. With regard to programs/projects falling
under the Prime Minister's approving competence, the Planning and Statistics
Department shall act as the major body for coordination with the International
Cooperation Department, specialized departments and concerned units and working
with the major appraising agency being the Ministry of Planning and Investment
as well as concerned ministries and branches. Specialized departments shall
take prime responsibility for specialized contents in the appraisal process.
2. With regard to programs/projects falling
under the appraising competence of the Construction Minister, the specialized
departments shall assume the prime responsibility for appraising the
specialized contents, the Economics and Finance Department shall appraise the
cost estimates and the Planning and Statistics Department shall sum up and
submit the results to the Minister for approval and notify such to the Ministry
of Planning and Investment according to regulations; the International
Cooperation Department shall notify such to donors.
Chapter IV
NEGOTIATION, CONCLUSION
OF TREATIES ON ODA
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The International Cooperation Department shall
act as the major body for coordination with the Planning and Statistics
Department and concerned units in preparing contents and joining the Ministry
of Planning and Investment in negotiating and concluding with donors framework
treaties on ODA.
Article 9.- Negotiation,
conclusion of specific treaties on ODA
1. With regard to projects falling under the
approving and concluding competence of the Prime Minister, the International
Cooperation Department shall act as the major body for coordination with the
Planning and Statistics Department, specialized departments and project
preparation boards in participating in negotiations.
2. With regard to projects falling under approving
and concluding competence of the Construction Minister, the International
Cooperation Department shall assume the prime responsibility for, and
coordinate with the Planning and Statistics Department, the specialized
departments, project owners/project prepration boards in, organizing
negotiation and conclusion of treaties with donors.
3. With regard to ODA granted by donors under
separate programs or projects neither included in the plans nor subject to the conclusion
of framework treaties on ODA, the Planning and Statistics Department shall
assume the prime responsibility for, and coordinate with the International
Cooperation Department and the specialized departments in, working with the
Ministry of Planning and Investment to make written requests for the addition
thereof and submitting them to the Prime Minister for consideration and
approval.
Article 10.- Archiving
of concluded documents
1. With regard to treaties concluded by the
Construction Ministry under the Government's authorization, their originals
shall be archived at the Ministry of Foreign Affairs while their copies shall
be kept at the Construction Ministry's Office and sent to the Planning and
Statistics Department, the International Cooperation Department, the
specialized departments, the Economics and Finance Department, the project
owners and the project preparation boards for organization of implementation.
2. With regard to treaties concluded by the
Construction Ministry:
a/ Their originals shall be archived at the
Ministry's Office;
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3. Upon the completion of programs/projects,
project owners must archive all dossiers and documentation of such
programs/projects.
Chapter V
MANAGEMENT OF EXECUTION
OF ODA PROGRAMS/PROJECTS
Article 11.- Assignment
of responsibilities
1. The Planning and Statistics Department:
a/ To act as the major body specialized in planning,
monitoring and summing up the situation of ODA programs/projects, making sum-up
reports and reports on assessment of the efficiency of programs/projects, which
shall be sent to the Ministry of Planning and Investment and the Ministry of
Finance according to regulations;
b/ To coordinate with the Economics and Finance
Department in arranging contributed domestic capital amounts for execution of
projects and guiding project owners/project management units to use capital
according to regulations;
c/ To assume the prime responsibility for, and
coordinate with the specialized departments, the Economics and Finance
Department and the International Cooperation Department in, organizing the
appraisal of invitations for bids and bidding results for participation in
programs/projects managed by the Construction Ministry;
d/ To notify in writing units having
programs/projects of the list of programs/projects of the Ministry already
approved by the Prime Minister or the Construction Minister and for which donors
have committed to grant aids.
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a/ To guide units in mobilizing, attracting and
receiving ODA and observing international procedures and practices; to assist
units regarding entry and exit of specialists and the regimes for foreign
specialists working for programs/projects;
b/ To act as the major body for coordination
with the Planning and Statistics Department, the specialized departments and
the Economics and Finance Department in guiding and supporting project
owners/project preparation boards to elaborate preparation plans and ODA
program/project documentation.
3. The Economics and Finance Department
a/ To guide project owners/project preparation
boards on project finance in the elaboration of project documentation,
including the identification of Vietnam's contributions (reciprocal capital),
and consider the rationality of the contents of expenditures from foreign aids;
b/ To guide project management units in
elaborating financial management regulations and spending norms for ODA
programs/projects;
c/ To guide project management units in
elaborating financial and capital disbursement plans, accounting regimes and
financial statements, to be submitted to the Construction Ministry and the
Finance Ministry according to the approved contents;
d/ To appraise before submitting to the Minister
for approval cost estimates and final settlements of programs/projects;
e/ To conduct regular or extraordinary
inspection of project management units under the Minister's direction;
f/ To act as the major body for coordination
with the Planning and Statistics Department in guiding the management and
handover of projects' assets and outcomes to units for management and use under
regulations.
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a/ To assume the prime responsibility for, and
coordinate with the concerned departments in, proposing the establishment of
project preparation boards, project steering boards, project management units,
and nomination of project managers for submission to the Minister for decision;
b/ To support project management units in the
recruitment of personnel for execution of programs/projects;
c/ To guide project management units in
elaborating organization and operation regulations and monitoring the implementation
thereof.
5. The specialized departments
a/ To assume the prime responsibility for, or
join in, the appraisal of programs/projects under the Minister's assignment;
b/ To join in the appraisal of invitations for
bids and bidding results of programs/projects;
c/ To assume the prime responsibility for
monitoring and directing the execution of ODA programs/projects in the relevant
professional domains;
d/ To join in the pre-acceptance test of ODA
programs/projects;
e/ To assume the prime responsibility for, or
join in, the final review of programs/projects.
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Functional departments shall have to coordinate
with and support project management units/project owners according to their
assigned functions and tasks.
Article 12.- Organization
of program/project execution apparatus
1. Program/project steering boards
a/ A program/project steering board shall be set
up upon request, based on the set contents or scale of, or agreements with
donors on, each program/project. The board may be headed by a vice minister or
head of the concerned unit and have members being representatives of concerned
ministries, branches, localities and units as well as representatives of donors
(if any).
b/ Program/project steering boards shall have
the following tasks:
- To propose undertakings and plans on
coordination of operations in execution of programs/projects;
- To decide on basic measures to ensure the
successful execution of programs/projects;
- To direct the inspection, supervision,
preliminary review and review of programs/projects;
- To consider the adjustment of contents of
programs/projects when necessary.
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a/ Where the Construction Ministry is the owner
of an ODA program/project, the Minister shall assign tasks to a project management
unit or a unit under the Ministry to act as the project owner;
b/ Project owners shall have to directly manage
and use ODA capital sources and contributed domestic capital amounts (if any)
for implementation of the contents of programs/projects and take responsibility
before the Minister and before law for the progress, quality and efficiency of
such programs/projects.
3. Project management units
a/ Project management units shall be set up
under decisions of the Minister or project owners and assigned the task of
managing projects for one or several programs/projects;
b/ Project management units shall perform their
functions and tasks and exercise their powers according to the Minister's
decisions and current State regulations;
c/ The Minister shall issue decisions on
appointment of project managers (or directors of project management units),
project deputy managers and chief accountants under project management units.
4. Project managers shall have the following
tasks:
a/ To be answerable to the Minister for all
issues related to the execution of programs/projects;
b/ To recruit adequate and qualified personnel
according to requirements of programs/projects;
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d/ To elaborate plans and procedures for the
withdrawal of contributed domestic capital amounts and foreign capital
according to the schedules of programs/projects;
e/ To observe financial regulations, statistical
and accounting regimes and regulations on financial inspection and examination
according to current law;
f/ To make and send periodical or extraordinary
(when requested) reports to the Ministry, concerned ministries and donors
according to regulations and agreements with donors;
g/ To assume the prime responsibility for
recruitment of domestic and foreign specialists to work for projects under the
program/project plans;
h/ To organize bidding for recruitment of
consultants, construction and procurement contractors for projects according to
the current State regulations and agreements with donors;
i/ To monitor and urge the execution of
operations of programs/projects;
j/ To manage activities of specialists working
for programs/projects;
k/ To organize the supervision and assessment of
the process of execution of programs/projects as well as the preliminary and
final reviews thereof periodically and upon the completion of
programs/projects; to report the execution results to the Construction Ministry
and donors.
Chapter VI
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Article 13.- Reporting,
monitoring and assessment regimes
Project management units shall have to monitor
and assess ODA programs/projects according to plans stated in program/project
documentation; organize periodical or extraordinary review meeting between the
concerned parties; make reports on execution and completion of
programs/projects and organize the final review thereof according to current
regulations.
Program/project management units shall send
periodical, sum-up or extraordinary reports to concerned agencies according to
regulations; to the Planning and Statistics Department, the specialized
departments, the International Cooperation Department and the Economics and
Finance Department of the Construction Ministry.
Article 14.-
Pre-acceptance test, exploitation and use of outcomes of programs/projects
1. Project owners shall organize the
pre-acceptance test, exploitation and use of outcomes of programs/projects and
adopt measures to maintain and promote such outcomes.
2. The Planning and Statistics Department shall
assume the prime responsibility for, and coordinate with the International
Cooperation Department, the specialized departments and concerned units in,
organizing the pre-acceptance test and handover of programs/projects.
3. The Economics and Finance Department shall
assume the prime responsibility for, and coordinate with concerned departments
in, organizing the final settlement and management of assets of
programs/projects.
Chapter VII
ORGANIZATION OF
IMPLEMENTATION
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Article 16.- This
Regulation shall supersede the relevant previous legal documents promulgated by
the Construction Ministry regarding the management of ODA projects executed by
the units attached to the Ministry; if any problems arise in the course of
implementation, concerned units should promptly report them to the Construction
Ministry for study, amendment, supplementation and finalization of this Regulation.