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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.
03/2007/TT-BKH
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Hanoi,
March, 12, 2007
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CIRCULAR
ON GUIDING THE ORGANIZATIONAL STRUCTURE, FUNCTIONS AND
RESPONSIBILITIES OF ODA PROGRAM OR PROJECT MANAGEMENT UNITS
Pursuant to the Decree No.
61/2003/ND-CP issued on 06 June, 2003 by the Government on the functions,
responsibilities, authorities and organizational structure of the Ministry of
Planning and Investment;
Pursuant to Clause 4 of Article 25 of the Decree No. 131/2006/ND-CP issued on
09 November, 2006 by the Government promulgating Regulation on Management and
Utilization of Official Development Assistance;
The Ministry of Planning and Investment hereby issues the Circular guiding the
organizational structure, functions and responsibilities of ODA Program or
Project Management Units as follows:
I. GENERAL PROVISIONS
1. Scope
of Adjustment:
This Circular
guides the organizational structure, functions and responsibilities of ODA
Program or Project Management Units (hereafter called PMU) for ODA Technical
Assistance (TA) and ODA investment programs and projects; responsibilities of
Line Agencies, Project Owners and State ODA Management Agencies to PMUs.
This Circular
shall not apply to the following cases:
a) ODA funds
provided in the form of budget support (where ODA resources are transferred
directly to the State budget and administered in accordance with the existing
laws and regulations on State budget management);
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2. The
Modalities of Management for Implementation of ODA Programs and Projects
The
modalities of management for implementation of ODA programs and projects
include:
a) The Line
Agency directly manages and executes the implementation or assigns a competency
unit under the management authority of the Project Owner to directly manage and
execute the implementation of the technical assistance project.
b) The
Project Owner directly manages and executes the implementation of the
investment program or project.
c) The
Project Owner hires a consulting organization to manage and execute the
implementation of the investment program or project (Manager of the investment
program or project) in accordance with the existing laws and regulations.
If the case
of directly managing and executing the implementation of the program or project
in the forms of a) and b), the Line Agency or the Project Owner shall have to
establish a PMU pursuant to the regulations stipulated in this Circular who
hereafter is called the PMU- Establishing Agency.
With regards
to the small and simple technical assistance programs and projects with total
budget (including counterpart funds) less than 1 billion Vietnamese dong (the
donor currency converted to Vietnamese dong by the official exchange rate of
the State Bank of Vietnam at the time of establishment of PMU), the Line Agency
or the Project Owner can use its functional apparatus for managing and
executing the implementation of the program or project instead of establishing
PMU.
With regards
to the small and simple investment programs and projects with total of
investment capital (including counterpart funds) less than 1 billion Vietnamese
dong (the donor currency converted to Vietnamese dong by the official exchange
rate of the State Bank of Vietnam at the time of establishment of PMU), the
Project Owner can use its functional apparatus for managing and executing the
implementation of the program or project or can employ the specialized and
experienced consultants to assist the management for implementation of the
project or program instead of establishing PMU.
3.
Principles of Organization and Operation of PMUs
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- PMUs are
established to assist the Line Agency or the Project Owner in management for
implementation of programs and projects.
- The
assignment of tasks and the empowerment to PMU shall be specified in the
decision on establishment of the PMU or in specific written authorization
documents of the PMU-Establishing Agency.
- Subject to
existing Vietnamese laws and regulations and international treaties on ODA
signed with the donors;
- PMU and the
Head of PMU are responsible to the PMU-Establishing Agency and before the law
for their behavior in undertaking the assigned tasks;
- Accountable
to the PMU-Establishing Agency, State ODA management agencies, law protecting
agencies, people’s elected bodies, socio-political organizations and donors for
all issues under its authorities;
- All of the
PMU activities shall be publicized and under supervision pursuant to the
existing laws and regulations;
- Effective
management and utilization and for avoidance of loss and waste of project or
program resources;
- Subject to
the legal regulations on prevention and fighting against corruption; taking
necessary measures to prevent and fight against corruption.
b) Management
scope of PMUs:
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- PMU must
have capability and proficiency, and must be organized into functional units to
serve common requirements of all projects (procurement, site clearance,
planning, finance, organization, administration and personnel management, etc.)
- PMU must
obtain the permission from the PMU-Establishing Agency with separate decisions
of establishment of PMU for respective programs or projects pursuant to this
Circular.
II. FUNCTIONS, TASKS OF PMUs
1. General
functions and tasks
a) Planning
tasks: Formulating the overall and detailed annual implementation plan of the
program or project (disbursement plan, expenditure plan, procurement plan, etc)
with clear identification of resources available, progress of implementation,
completion date, quality targets and criteria for accepting the outputs with
regard to respective activities of the program or project as the basis for
monitoring and evaluation. The overall implementation plan shall be prepared by
the PMU within 3 months prior to the starting date of the program or project
and must be approved by the PMU-Establishing Agency. The detailed annual plan shall
be formulated upon the agreement with the donor and must be submitted to the
PMU-Establishing Agency for approval in accordance with the schedule of making
annual plans of the Line Agency or Project Owner, ensuring the achievement of
implementation progress as specified in ODA specific international treaty of
the program or project.
b) Managing
process of preparation for programs and projects:
- For
technical assistance programs and projects:
Process
management relating to preparation for technical assistance programs and
projects of PMUs shall include the study of technical assistance program or
project documents or the international treaties on ODA signed with donor,
procedures, guidelines and conditions for implementation of the programs or
projects (cost-norms; accounting, auditing; reporting, etc.) .
- For
investment programs and projects:
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c) Task of
Procurement and Contract management:
- Undertake
procurement tasks as assigned by the PMU-Establishing Agency in accordance with
the laws and regulations on procurement and the regulations on procurement of
the donor;
- Manage the
fulfillment of obligations stated in contracts signed between competent
authorities and with contractors (in terms of schedule, volume, quality, safety
and environmental sanitation). Monitor, supervise and evaluate activities and
results of activities of contractors. Timely resolution of problems emerging in
the process of contract implementation under its authority;
- Organize
the transfer of the program or project outputs; undertake financial
reconciliation pursuant to the legal regulations.
d) Tasks of
Finance, Assets and Disbursement Management:
Perform
finance and assets management and carry out the disbursement procedures
pursuant to the legal regulations and as required by the donor.
đ) Tasks of
Administration, Coordination and Accountability;
- Organize the
office and manage the personnel of the PMU;
- Establish
an internal information system, collect, categorize and store all original
information, documents relating to the program or project and the PMU pursuant
to the legal regulations;
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- Accurately
and truly provide information to law enforcement agencies, inspecting and
auditing agencies, the donor, mass media and relevant individuals within its
assigned tasks and responsibilities, except information with limited
dissemination as required by law;
- Act as the
legal representative of the PMU-Establishing Agency in civil transactions as
delegated in the Regulations on Organization and Operation of PMU and in
authorization documents;
- Take the
focal point role of the PMU-Establishing Agency and other agencies
participating in the program or project implementation in liaising with the
donor on the relevant issues during the program or project implementation;
- Take the
focal point role in coordinating with functional units of the PMU-Establishing
Agency that participate in the program or project activities.
e) Tasks of
Monitoring, Evaluating and Reporting the Status of Program or Project
Implementation
- Organize
the assessment on PMU performance;
- Organize
the monitoring and evaluation in accordance with the existing regulations,
including:
+ Preparing program
or project progress reports as stipulated; providing and sharing information
through the national monitoring and evaluation system for ODA.
+ Hiring
consultants to conduct initial, mid-term and terminal evaluation reports in
line with the contents of the approved feasibility study, or program or project
document; acting as the focal point for coordinating with the donor or
competent management authorities to evaluate the program or project.
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g) Tasks on
Organization of Receipt and Transfer of the Completed Program or Project and
Financial Reconciliation
- Make
preparation for the Line Agency or the Project Owner to receive and transfer
the completed program or project to the recipient unit for operation and
exploitation pursuant to the existing regulations in the regard.
- Prepare
reports on the program or project completion and financial reconciliation
within the time frame as stipulated in Item 3.5, Article 3, Part III of this
Circular.
2. Special
tasks
a) Based on
the contents, size, and nature of individual programs and projects and taking
into account PMU capacity, the PMU-Establishing Agency can delegate its
authorities in making decisions or signing documents in the process of
management for implementation of the program or project to the PMU. The
delegation can be made right at the start-up of the program or project or by
different phases and must be stipulated in the Regulation on Organization and
Operation of PMU or in specific authorization documents.
b) In the
case where the international treaty on ODA signed with the donor stipulates the
project management structure, tasks and responsibilities of the PMU, these
stipulations must be specified and fully reflected in the Regulation on
Organization and Operation of PMU.
3. Other
tasks
PMUs shall
carry out other tasks under the framework of the program or project as assigned
by the PMU-Establishing Agency.
III. THE ORGANIZATIONAL STRUCTURE AND ORGANIZATION FOR
IMPLEMENTATION OF PMU
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a) PMU should
have an appropriate organizational structure with adequate personnel of
suitable capacities and experiences that ensure the effective and sustainable
management for implementation of the program or project. In some cases, in
accordance with donor guidelines, the key positions of PMU should be reached in
agreement with the donor.
b) The
functions, tasks, responsibilities and authorities of each office and division;
the working relationships among offices and divisions should be stipulated
clearly and specifically in the Regulation on Organization and Operation of
PMU.
c) Each title
and position in the PMU should have Terms of Reference (TOR) developed and
publicly announced by the PMU Director to the PMU and functional units of the
PMU- Establishing Agency with clear specification of professional capacity
requirements, scope of responsibilities, powers, incentives, mechanism of
reporting and evaluating performance results.
d) Key
positions in the PMU include Director, Deputy Director(s), Chief Accountant or
Accountant shall be appointed and dismissed by the PMU-Establishing Agency.
With regard to investment programs and projects, if these positions are
selected from the officers of the Line Agency of the Project Owner, agreement
with the Line Agency for this arrangement shall be required. Other positions in
the PMU shall be recruited and dismissed by the Director of the PMU.
đ) PMU staff
are transferred from the apparatus of the PMU-Establishing Agency should obtain
the agreement of this Agency. PMU can recruit its staff from outside on
contractual basis. The recruitment of the PMU staff must base on qualifications
and criteria in terms of professional capacity, experiences, and personal
qualities specifically identified in the TORs.
e)
Requirements for PMU Director
- For
technical assistance programs and projects
The PMU
Director (the National Project Director – if there is one) shall have adequate
quality, professional capacity, working experiences in program or project
management for implementation, good understanding about the donor policies and
procedures, capability in managing and coordinating the activities of the
program or project. The person of high proficiency in the foreign language
appropriate to the program or project shall have more advantage. The PMU
Director must be of the working age that allows him/her to complete the
implementation of the program or project in the period specified in the program
or project document. The PMU Director (National Project Director – if there is
one) can hold concurrent positions.
The
PMU-Establishing Agency shall set the qualifications and criteria and develop
TOR for position of PMU Director and in consultation with the donor (if
necessary).
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The
PMU-Establishing Agency shall be responsible to provide support and favorable
conditions to the PMU Director so that he/she can organize and implement the
program or project effectively.
- For
investment programs and projects
PMU Director
has adequate quality, professional capacity, leadership capacities and working
experiences in program or project management for implementation. . The person
of high proficiency in the foreign language appropriate to the program or
project shall have more advantage. The PMU Director must be in the working age
that allows him/her to complete the implementation of the program or project in
the period specified in the program or project document.
The Project
Owner shall take a pro-active role in setting the qualifications and criteria
and develop TOR for position of PMU Director and in consultation with the donor
(if necessary).
This position
can be selected from the staff of the Project Owner or its Line Agency or can
be recruited through a public selection process. The recruitment must be
completed before issuing the decision on establishment of PMU.
2.
Organizational Structure of PMU
Based on the
contents, size, characteristics and scope of the program or project, the PMU Director
shall prepare and submit to the PMU-Establishing Agency the organizational
structure of the PMU.
The
organizational structure of PMUs usually contains the following sections:
a)
Administrative, organizational, logistic section;
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c) Technical
section, including review and supervision of designs, construction works,
environment or by technical components of the program or project.
The
organizational model of each section in the PMU organizational structure can be
selected among the forms such as offices, divisions or functional groups.
With regards
to those PMUs that manage many projects at the same time, their organizational
structures must comply to stipulations in point b), Article
3, Part I of this Circular. Each program or project must have a Deputy
Director (or Project Manager) in charge, with a specific TOR for this position,
and must be recruited in the same way as with the Project Director.
3.
Organization for Implementation
3.1.
Establishment of PMU
a) Legal
basis:
The
establishment of PMUs shall be based on the following legal basis:
- The
functions, tasks and authorities of the Line Agency or of the Investment Owner;
- The
investment decision or the approval decision of the program or project;
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- Regulations
stipulated in this Circular. b) Establishment of PMU:
The Line
Agency or the Project Owner shall issue a decision on the establishment of PMU
within 10 working days after the program or competent authorities approve
project document. The pro-format of Decision on the establishment of PMU set
out in Annex I (for technical assistance programs and projects), in Annex II
(for investment programs and projects).
In the case
of supplementing the tasks of management for implementation of a new program or
project, the PMU-Establishing Agency issues the Decision of Supplementing Tasks
of Management for Implementation of a New Program or Project to the existing
PMU pursuant to the regulations of this Circular.
c) Issuance
of the Regulation on the Organization and Operation of the PMU:
The
PMU-Establishing Agency shall be responsible for the issuance of the Regulation
on the Organization and Operation of the PMU within 15 working days after the
date of issuance of decision on the establishment of PMU. The pro-format of the
Regulation on the Organization and Operation of the PMU set out in Annex III.
d) The
PMU-Establishing Agency shall be responsible to send the Decision on PMU
establishment and the Regulation on PMU Organization and Operation to the
Ministry of Planning Investment, the Ministry of Finance and the State Bank of
Vietnam (pursuant to the regulation on the responsibilities of the State Bank
of Vietnam stipulated in Article 42 of Decree 131/2006/ND-CP of 9 November,
2006) within 15 working days of the issuance of the above mentioned decisions
to form basis for the State management of PMU activities.
3.2. Seal and
Bank Account of PMU
a) PMU shall
be allowed to register and use its own seal pursuant to the legal regulations
to serve the implementation of the program or project.
b) PMU shall
be allowed to open program or project account (s) at the State Treasury and
commercial banks pursuant to the legal regulations and international treaty on
ODA signed with the donor.
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Expenditures
for PMU operation shall be taken from the funds allocated for investment
preparation (in the stage of the program or project preparation) and from the
counterpart funds allocated for preparation of implementation and for
implementation (in the stages of preparation of implementation and
implementation of the program or project) which were defined in investment decision
or decision on the approval of the program or project; or partly or totally
taken from the ODA funds as stipulated in the international treaty on ODA
signed with the donor.
For technical
assistance and investment combined programs or projects:
- With regard
to ODA grant funds provided by the donor in the form of an independent
technical assistance program or project to prepare for an investment project,
the expenditures for PMU operation shall be defined in the technical assistance
program or project document approved by the competency authority or in the
specific international treaty on program or project signed with the donor.
- With
regards to the grant or loan ODA funds for technical assistance provided by the
donor in the total budget of the investment program or project, the
expenditures for PMU operation shall be pursuant to the legal regulations.
The
management cost norms of the programs and projects are in accordance with the
existing laws and regulations.
3.4. PMU
Properties and Assets
- PMU shall
be provided with properties and assets to serve the management of the program
or project pursuant to the existing laws and regulations and the international
treaty on ODA signed with the donor.
- Property
and assets of the PMU must be used economically and efficiently for the
regulated purposes. PMU shall be not allowed to rent, lend, gift or use its
property and assets for private gain.
- PMU shall
report to the PMU-Establishing Agency on the property and assets transferred,
gifted or left by consultants, contractors and suppliers for PMU to manage
pursuant to the legal regulations.
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3.5. Program
or Project Termination and PMU Dissolution
Termination
time of ODA programs and projects are stipulated in the international treaties
on ODA or agreements signed with the donors.
After
completion of ODA programs and projects, within 06 months, the PMU of the
technical assistance program or project shall finish the program or project
completion report and the report on the financial reconciliation of the program
or project to submit to the Line Agency (in the case where the Line Agency
exercises direct management) or for the Project Owner to submit the Line Agency
(in the case where the Line Agency assign a unit under its management authority
to be the Project Owner).
After
completion of ODA programs and projects, within 06 months, the PMU of the
investment program or project shall have to finish the program or project
completion report and the report on the financial reconciliation of the program
or project for the Project Owner to submit the Agency that made decision on
investment of the program or project.
At the same
time the PMU shall complete the process of settlement of PMU’s property and
assets pursuant to the legal regulations
After the
program or project completion the competency authorities approve report and the
report on the financial reconciliation of the program or project and settlement
of the program or project assets is completed, the PMU-Establishing Agency
shall issue the decision on the program or project termination and PMU
dissolution.
In the case
where the PMU is not able to accomplish the above-mentioned requirements in the
given time, based on the written justification of the PMU, the PMU-Establishing
Agency shall give permission for extension of 06 months as maximum to PMU for
completing the remaining work. The Project Owner shall have to arrange budget
to maintain the operation of the PMU in the extension period.
In respect of
the PMU that manages many programs or projects at the same time, the agency
that issued the decision on establishment of the PMU shall issue the decision
on termination of each program or project and simultaneously make adjustments
on the functions and tasks of the PMU in accordance with the regulations of
this Circular.
In the case
of changes in terms of the Line Agency or the Project Owner:
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- The Line
Agency or the Project Owner that transfers the program or project shall issue
the decision on PMU dissolution.
- The Line
Agency or the Project Owner that receives the program or project shall issue
the decision on establishment of PMU.
4.
Treatment and Incentive Regimes
a) The
treatment and incentive regime for the Directors and other positions in PMUs
who work on the basis of holding concurrent positions or secondment must be in
line with existing regulations with reference to the nature of work, work
intensity, and real working time to encourage capable staff to work on a long
term and professional basis for the program or project.
b) The
treatment and incentive regime for Directors and other positions in PMUs
recruited from outside shall be based on the nature of the work, their capacities
and working experiences in agreements on the contractual basis and in consensus
with the donor (in the case where ODA is used).
IV. RESPONSIBILITIES OF THE LINE AGENCIES, THE PROJECT OWNERS
AND THE STATE ODA MANAGEMENT AGENCIES TO PMUS
1. Line
Agencies
The Line
Agencies shall be legally responsible for the whole process from receiving,
managing, implementing and utilizing the results of the ODA programs and
projects.
a) For
technical assistance programs and projects that the Line Agency directly manages
and executes the implementation:
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- Appoint and
dismiss the Director and key positions of PMU.
- Issue of
Regulation on Organization and Operation of PMU.
- Regularly inspect
and monitor PMU activities in accordance with the contents of this Circular and
the Regulation on Organization and Operation of PMU in areas of procurement;
negotiation and signing contracts; withdrawal and disbursement; payment;
financial management; property and asset management; implementation of
financial and tax obligations applied to the program or project. The results of
inspection and supervision of PMU activities must be publicly announced in the
Line Agency and shared with the agencies in charge and the donor.
- Timely
solution of problems arising in process of operation of the PMU under its
authorities.
- Monitor and
urge the PMUs to fulfill the reporting obligations in accordance with the legal
regulations.
- Monitor and
supervise PMU to ensure implementation of program or project in accordance with
the schedule and required quality.
- Ensure
timely provision of adequate budget and physical conditions (office, equipment,
communication facilities, etc.) to the operation of PMU.
- Periodically
evaluate performance of PMU.
- Strengthen
institutional and human resource capacities for PMU.
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- Take legal
responsibility for decisions related to issues within its authority in the
implementation of the program or project.
- Clearly
stipulate the order, schedule and coordination among functional bodies under
its authority in the process of reviewing, making decisions and approving the
issues submitted by the Project Owner to avoid delays and consequent negative
effects on the progress of the program or project.
- Through the
Project Owner regularly inspect and monitor PMU activities in accordance with
the contents of this Circular and the Regulation on Organization and Operation
of PMU issued by the Project Owner and with the existing laws and regulations
in areas of procurement; negotiation and signing contracts; withdrawal and
disbursement; payment; financial management; property and asset management;
implementation of financial and tax obligations applied to the program or
project. The results of inspection and supervision of PMU activities must be
publicly announced in the Line Agency and shared with the agencies in charge
and the donor.
c) For
investment ODA programs and projects
- Take legal
responsibility for decisions related to issues within its authority in the
implementation of the program or project.
- Clearly
stipulate the order, schedule and coordination among functional bodies under
its authority in the process of reviewing, making decisions and approving the
issues submitted by the Project Owner to avoid delays and consequent negative
effects on the progress of the program or project.
- Through the
Project Owner regularly inspect and monitor PMU activities in accordance with
the contents of this Circular and the Regulation on Organization and Operation
of PMU issued by the Line Agency in areas of procurement; negotiation and
signing contracts; withdrawal and disbursement; payment; financial management;
property and asset management; implementation of financial and tax obligations
applied to the program or project. The results of inspection and supervision of
PMU activities must be publicly announced in the Line Agency and shared with
the agencies in charge and the donor.
2. Project
Owner:
a) Implement
the tasks, responsibilities and authorities of the Project Owner in accordance
with the existing regulations.
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- Issuance of
decisions on establishment and dissolvement of PMU.
- Appoint and
dismiss the Director and key positions of PMU.
- Issuance of
Regulation on Organization and Operation of PMU.
- Regularly
inspect and monitor PMU activities in accordance with the contents of this
Circular and the Regulation on Organization and Operation of PMU issued by the
Project Owner in areas of procurement; negotiation and signing contracts;
withdrawal and disbursement; payment; financial management; property and asset
management; implementation of financial and tax obligations applied to the
program or project. The results of inspection and supervision of PMU activities
must be publicly announced in the agency of Project Owner and shared with the
agencies in charge and the donor.
- Timely
solution of problems arising in process of operation of the PMU under its
authorities.
- Monitor and
urge the PMU to fulfill the reporting obligations in accordance with the legal
regulations, including submitting reports on status of implementation of the
programs and projects prepared by PMU to the Line Agency.
- Monitor and
supervise PMU to ensure implementation of program or project in accordance with
the schedule and required quality.
- Ensure
timely provision of adequate budget and physical conditions (office, equipment,
communication facilities, etc.) to the operation of PMU as commitments in the
international treaty on ODA signed with donor.
-
Periodically evaluate PMU performance.
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3. State
ODA Management Agencies
a) Exercise
the functions, tasks and authorities assigned in accordance with the existing
laws and regulations.
b) Inspect and
monitor the implementation of the regulations of organization and operations of
PMUs issued by their PMU-Establishing Agencies and the compliance to the
regulations of this Circular on periodical and ad hoc basis.
c) Assisting
to strengthen PMU capacities toward professionalism.
V. ORGANIZING OF IMPLEMENTATION
1. This
Circular comes into effect 15 days after publishing in the official gazette.
2. PMUs
established after the Circular comes into effect shall implement this Circular.
3. For the
existing PMUs:
a) With
regard to the ODA programs and projects due to be completed in 2007 under the
signed agreements or those that have extension of 18 months as maximum
accounted from the completion date in 2007, PMUs shall be permitted to be
remain as they are but must be strengthened and re-arranged for adequate
capacity to complete the remaining tasks.
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c) With
regard to other cases, based on the Circular, Directors of PMUs review and
finalize the Regulations on Organization and Operation of PMUs in consultation
with the donor, if necessary, and submit their PMU-Establishing Agencies for
amendment of the current Regulation or for issuance of new Regulation as appropriate.
4. In process
of implementing this Circular, the Line Agencies, the Project Owners, PMUs,
relevant agencies and units are required to timely feedback to the Ministry of
Planning and Investment if encountering any problems or difficulties./.
Receivers:
- The Central Party office;
- The Office of Government;
- Ministries, ministerial agencies, Government agencies;
- Peoples Council, Peoples Committee of provinces and cities directly under
the Centre;
- National Assembly’s office;
- President’s office;
- People’s Supreme Procuracy;
- Peoples Supreme Court;
- Central agencies of mass organizations;
- Department of Inspecting Legal Documents (Ministry of Justice);
- Official Gazette;
- General Departments, Departments, Institute directly under the Ministry;
- Filing at: Archieve of Administration Office, Foreign Economic
Relations Dept
MINISTER
Vo Hong Phuc
APPENDIX I
[Name
of Line Agency]
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No.:…./QD-
Place……
date………
DECISION
ON ESTABLISHING THE MANAGEMENT UNIT OF
TECHNICAL ASSISTANCE PROJECT…………..[name of the project]
[Head
of the Line Agency]
Pursuant to the Decree No. 131/2006/ND-CP
issued on 09 November, 2006 by the Government promulgating Regulation on
Management and Utilization of Official Development Assistance;
Pursuant to the Circular No. 03/2007/TT-BKH issued on 12 March, 2007 by the
Ministry of Planning and Investment on guiding the organizational structure,
functions and responsibilities of ODA Program or Project Management Units;
Based on the functions, tasks, responsibilities and authorities of ………..[the
Line Agency];
Based on the Decision of……….[Authority Agency] on approval of the program or
project;
At the proposal of ………….[the Head of the Unit that is assigned to implement the
technical assistance program or project],
DECISION:
Article 1.
Establishing PMU [name of the program or project in English and Vietnamese]
funded by [name of the donor]. The program or project has a total budget of
….[ODA and counterpart fund] and will implement from…..[date] to…… [date]
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Article 3.
PMU is allowed to open a bank account at the State Treasury and the commercial
banks and to use its seal (or to use the seal of the Project Owner) in the
service of program or project implementation in accordance with the law and the
international treaty on ODA signed with the donor.
Article 4.
Assigning Mr./Mrs……….. as Director the PMU/National Director of project (if
any)
Article 5.
Assigning Mr/Mrs…… as Vice Director of PMU (if any)
Article 6.
Assigning Mr/ Mrs…… as Chief Accountant/ Accountant of PMU.
Article 7.
The unit [name of the unit] which implements technical assistance projects has
responsibility for working out Regulation on Organization and Operation of
PMU…. [name of the program or project] and submits it to….[the Line Agency] for
approval within 15 days since the issuance of the Decision.
Article 8.
This Decision becomes effective on the date of signing. The Director of PMU,
Heads of the relevant Units bear the responsibility for implementing the
Decision./.
Receivers:
- Ministry of Planning and Investment;
- Ministry of Finance;
- State Bank of Vietnam (*);
- ……….;
- Filing at: Archives,…
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Note: (*)
Pursuant to Point d, Item 3.1, Article 3, Part III of the Circular No.
03/2007/TT-BKH issued on 12 March, 2007 by the Ministry of Planning and
Investment on guiding the organizational structure, functions and
responsibilities of ODA Program or Project Management Units
APPENDIX II
[Name
of Investor Owner Agency]
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
---------
No.:…./QD
Place……
date………
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ON ESTABLISHING THE MANAGEMENT UNIT OF ODA
FUNDED INVESTMENT …………..[name of the project]
[Head
of the Investor Owner Agency]
Pursuant to the Decree No.
131/2006/ND-CP issued on 09 November, 2006 by the Government promulgating
Regulation on Management and Utilization of Official Development Assistance;
Pursuant to the Circular No. 03/2007/TT-BKH issued on 12 March, 2007 by the
Ministry of Planning and Investment on guiding the organizational structure,
functions and responsibilities of ODA Program or Project Management Units;
Based on the functions, tasks, responsibilities and authorities of ………..[the
Project Owner Agency];
Based on the Investment Decision of [name of the program or project],
No.……….date………….;
At the proposal of ………….[the Head of the Personal Division of the Investor
Owner],
DECISION:
Article 1.
Establishing PMU [name of the program or project in English and Vietnamese]
funded by [name of the donor]. The program or project has a total budget of
….[ODA and counterpart fund] and will be implemented from…..[date] to…… [date]
Article 2.
PMU takes responsibility for organizing and managing program or project
implementation based on the goals, progress, quality and resource stated in the
program or project document approved by the competent agency and in the
international treaty on ODA signed with the donor.
Article 3.
PMU is allowed to open a bank account at the State Treasury and the commercial
banks and to use its seal (or to use the seal of the Project Owner) in service
of the implementation of the program or project in accordance with the law and
the international treaty on ODA signed with the donor.
Article 4.
Assigning Mr./Mrs……….. as Director the PMU/National Director of project (if
any)
Article 5.
Assigning Mr/Mrs…… as Vice Director of PMU (if any)
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Article 7.
The unit [name of the unit] which implements technical assistance projects has
responsibility of working out Regulation on the organization and operation of PMU….
[name of the program or project] and submits it to ….[the Investment Owner] for
approval within 15 days since the issuance of the Decision.
Article 8.
This Decision comes effective on the date of signing. The Director of PMU, Heads
of the relevant Units bear the responsibility for implementing the Decision./.
Receivers:
- Ministry of Planning and Investment;
- Ministry of Finance;
- State Bank of Vietnam (*);
- ……….;
- Filing at: Archives,…
Authority
and position of signatory
[signature, seal]
Nguyen Văn A
Note: (*)
Pursuant to Point d, Item 3.1, Article 3, Part III of the Circular No.
03/2007/TT-BKH issued on 12 March, 2007 by the Ministry of Planning and
Investment on guiding the organizational structure, functions and
responsibilities of ODA Program or Project Management Units
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SAMPLE OF REGULATION ON ORGANIZATION AND OPERATION
OF THE MANAGEMENT UNIT OF THE PROGRAM OR PROJECT……
[NAME OF THE PROJECT]
Chapter I
GENERAL PROVISIONS
Article 1.
Legal background (refer to Point a, Item 3.1, Article 3, Part III of the
Circular)
Article 2.
General information of the Program or Project
- Name of the
Program or Project
- Name of
Donor
- Objectives
and Outcomes of the Program or Project
- Commencement
and Completion date of the Program or Project
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- Source and
Domestic Financial Mechanism applied to the Program or Project
Article 3.
Information about the PMU
- Transaction
name of PMU:
- Address:
- Telephone
Number:
- Fax:
- E-mail:
- Account number:: ………………………….At
the State Treasury
………………………… At the Commercial
Bank
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Chapter II
FUNCTIONS, TASKS, RESPONSIBILITIES, AUTHORITIES OF PMU
Article 5.
Preparation of plans for implementation of the Program or Project (refer to
Point a, Article 1, Part II of the Circular)
Article 6.
Management in process of preparation of implementation of the Program or
Project (refer to Point b, Article 1, Part II of the Circular)
Article 7.
Procurement and contract management (refer to Point c, Article 1, Part II of
the Circular)
Article 8.
Finance, assets and disbursement management (refer to Point d, Article 1, Part
II of the Circular)
Article 9.
Administration, coordination and accountabilities (refer to Point đ, Article 1,
Part II of the Circular)
Article
10. Monitoring, evaluating and reporting on the status of Program or
Project implementation (refer to Point e, Article 1, Part II of the Circular)
Article
11. Organization of Receipt and Transfer of the Completed Program or
Project and Financial Reconciliation (refer to Point g, Article 1, Part II of
the Circular)
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Article
13. Other tasks assigned by the Line Agency or the Project Owner (refer to
Article 3, Part II of the Circular)
Chapter
III
FUNCTIONS, TASKS, RESPONSIBILITIES, AUTHORITIES OF PMU
Article
14. Organizational structure of PMU (refer to Article 2, Part III of the
Circular)
Article
15. Director of PMU (refer to Point e, Article 1, Part III of the Guiding
Circular)
Article
16. Personnel of PMU (refer to points a, b, c, d, đ, Article 1, Part III of
the Circular)
Article
17. Salary and Incentive schemes of PMU (refer to Article 4, Part III of
the Circular)
Chapter IV
ABIDING TO THE REGULATION
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1. This
Regulation comes effective since the date of signing.
2. The
Director of PMU, Heads of the Units of the Line Agency (Investment Owner
Agency) bear the responsibility for implementing the Regulation. In process of
implementing this Regulation, if encountering problems or difficulties, the
Director of PMU is responsible to recommend to [the Line Agency] or [Investment
Owner] for consideration, adjustment, amendment and revision of this
Regulation./.
Receivers:
- Ministry of Planning and Investment;
- Ministry of Finance;
- ……………………;
- Filing at: Archives,…
Authority
and position of signatory
[signature, seal]
Nguyen Văn A