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THE PRIME MINISTER
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No.28/1999/QD-TTg
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Hanoi, February 23,
1999
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DECISION
PROMULGATING THE REGULATION ON THE MANAGEMENT AND USE OF AIDS
FROM FOREIGN NON-GOVERNMENTAL ORGANIZATIONS
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on the Conclusion and Implementation of International
Agreements by the Socialist Republic of Vietnam of August 20, 1998;
At the proposal of the Minister of Planning and Investment,
DECIDES
Article 1.- To
promulgate together with this Decision the Regulation on the Management and Use
of Aids from Foreign Non-Governmental Organizations (foreign NGOs for short).
Article 2.- This
Decision takes effect 15 days after its signing and replaces Decision No.80/CT
of March 28, 1998 of the Chairman of the Council of Ministers (now the Prime
Minister). The earlier provisions contrary to this Decision are all now
annulled.
Article 3.- The Minister
of Planning and Investment, the Minister of Finance, the Minister for Foreign
Affairs, the Minister-Director of the Government’s Office, the President of the
Vietnam Union of Friendship Societies and the heads of the relevant agencies
shall have to implement, guide and inspect the implementation of the Regulation
on the Management and Use of Aids from Foreign Non-Governmental Organizations
issued together with this Decision.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Manh Cam
REGULATION
ON THE MANAGEMENT AND USE OF AIDS FROM FOREIGN
NON-GOVERNMENTAL ORGANIZATIONS
(Issued
together with Decision No.28/1999/QD-TTg of February 23, 1999 of the Prime
Minister)
Chapter I
GENERAL PROVISIONS
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- Aids provided through programs and/or
projects.
- Non-project aids in cash or kind (goods,
materials, equipment...) for humanitarian purposes, emergency relief,
scientific cooperation, training.
Article 2.- Foreign
NGOs aids shall constitute a source of State budget revenue and be used for
priority targets and fields in the socio-economic development of Vietnam in
each period and in conformity with foreign NGOs regulations.
Chapter II
MOBILIZATION,
NEGOTIATION, RATIFICATION AND CONCLUSION
Article 3.- The
mobilization of foreign NGOs aids shall be conducted regularly, according to
orientation and in an organized manner:
1. The mobilization of aids for development
programs and/or projects must conform with the planning and objectives of
attracting and using the official development assistance (ODA) sources, which
have been already ratified by the Prime Minister.
2. The mobilization of humanitarian aids must be
based on the social situation and actual demands of the ministries, branches,
localities and mass organizations.. in each year or each period.
3. The mobilization of emergency aids 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
disasters. The Ministry for Foreign Affairs shall, together with the Vietnam
Union of Friendship Societies, consider and submit to the Prime Minister for
ratification the amount of emergency aids to be called for from foreign NGOs.
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1. Regarding aids for programs and/or projects,
there must be the program and/or project documents which clearly state the
objectives, the expected results, the contents of activities that should be
carried out and the necessary inputs (funds, reciprocal capital, equipment,
supplies...) for the implementation of such programs and/or projects. If the
implementation period is over one year, the plan of action must be worked out
and the necessary funding for each year must be estimated as well as the
sources of fund available at foreign NGOs, and the amounts of fund to be
mobilized in the subsequent years must be clearly determined.
2. Regarding humanitarian and emergency aids. it
is necessary to clearly state the aids' contents and aid recipients, make a
detailed list of aid goods and estimate the total value if the aid is offered
in kind, or determine the total aid value if the aid is offered in cash.
3. In cases where any clauses of the aid
agreements signed with foreign NGOs fail to conform with Vietnamese law, the
agency in charge of negotiation shall have to obtain written comments from the
Ministry of Justice, the Ministry of Planning and Investment and the Ministry
for Foreign Affairs, then submit them to the Prime Minister for consideration
and decision.
The conclusion of aid agreements with foreign
NGOs must comply with the current provisions of law on the conclusion and
implementation of international agreements and be based on the ratification of
programs, projects and non-project aids as stipulated in Article 5 of this
Regulation.
Article 5.- The
competence to ratify foreign NGOs aids is stipulated as follows:
1. The Prime Minister shall ratify:
a/ Programs and/or projects funded with foreign
NGOs aids valued at US$500,000 or more.
b/ Projects and aids related to the
institutions, policies, laws, culture, information, religions, defense and
security.
c/ Non-project aids valued at US$200,000 or more
or involving goods categories restricted from import (such as cars, motorbikes,
used goods and equipment, some kinds of medicines...).
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2. The ministers, the presidents of the People's
Committees of the provinces and centrally-run cities, the heads of the
ministerial-level agencies and agencies attached to the Government and mass
organizations shall ratify:
a/ Programs and/or projects funded with foreign
NGOs aids valued at less than US$500,000. Before ratification, the consent of
the Minister of Planning and Investment is required.
b/ Non-project aids valued at less than US$200,000.
Before ratification, the consent of the Minister of Finance is required.
Where the relevant agencies have different
opinions, the ratifying agency shall report thereon to the Prime Minister for
decision.
After being ratified, the entire dossiers of the
above-said aids must be sent to the Ministry of Planning and Investment, the
Ministry of Finance, the Ministry for Foreign Affairs, the Government’s Office
and the Vietnam Union of Friendship Societies for the latter's monitoring,
management and assessment of the implementation in strict compliance with the
State�s current
regulations.
Chapter III
STATE MANAGEMENT OVER
AIDS FROM FOREIGN NGOS
Article 6.- The
Government shall exercise unified State management over all sources of foreign
NGOs aids, from aid mobilization to negotiation and conclusion of aid
agreements with foreign NGOS; from the monitoring and supervision of the
implementation process to the assessment of the results and efficiency of the
use of foreign NGOs aids.
The management of foreign NGOs aids by the
Government's functional agencies shall comply with the provisions of Articles
below.
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1. To take responsibility together with the
relevant agencies for guiding the ministries, branches, localities and mass
organizations to draw up programs
and/or projects in order to mobilize aids from
foreign NGOs.
2. To take charge of evaluating programs and
projects, sum up opinions of the relevant agencies and report them to the Prime
Minister for consideration and decision as stipulated in Clause 1, Article 5 of
this Regulation.
3. To make comments to the Ministry of Finance
on non-project aids valued at US$ 200,000 or more or aids involving goods
restricted from import, which shall be submitted to the Prime Minister for
consideration and decision.
4. To have to coordinate with the Ministry of
Finance in including the reciprocal capital into the annual State budget plan
for programs and/or projects already pledged with foreign NGOs, as prescribed
by the State Budget Law.
5. To have to coordinate with the Ministry of
Finance, the Vietnam Union of Friendship Societies and the relevant agencies in
organizing the supervision and inspection of the situation of aid reception,
management and use; synthesizing, analyzing and assessing the efficiency of the
use of foreign NGOs�
aids; handling relevant matters that come under its competence and proposing
the Prime Minister to consider and decide matters beyond its jurisdiction.
Article 8.- The Ministry
of Finance shall assume the prime responsibility in financial management,
control and management of all non-project aids from foreign NGOs. It has the
following tasks:
1. To take responsibility for and coordinate
with the concerned agencies in elaborating the regime of financial management
over the aids from foreign NGOs according to its competence and propose the
Prime Minister to consider and decide matters beyond its jurisdiction.
2. To include the reciprocal capital into the
annual State budget plan as mentioned in Clause 4, Article 7 of this
Regulation.
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4. To have to sum up non-project aids and
financial final settlement of all foreign NGOs aids; to join the Ministry of
Planning and Investment in making a sum- up report on the situation of foreign
NGOs aids and submitting it to the Prime Minister.
5. To take part in the evaluation of programs
and/or projects with foreign NGOs aids valued at US$500,000 or more.
6. To sum up the opinions and submit them to the
Prime Minister for considering and deciding on non-project aids valued at
US$200,000 or more or aids involving goods restricted from import.
7. To work out plans on the management of
emergency aids reception and distribution and submit them to the Prime Minister
for consideration and decision.
8. To have to coordinate with the Ministry of
Planning and Investment and the General Department of Statistics in issuing
forms of reports on the non-project aids.
Article 9.- The Ministry
for Foreign Affairs shall have the following tasks:
1. To coordinate with the relevant agencies in
mobilizing and taking the advantages of foreign NGOs aids.
2. To coordinate with the Vietnam Union of
Friendship Societies in calling for emergency aids from foreign NGOs as
stipulated in Clause 3, Article 3 of this Regulation.
Article 10.- The
Government Office shall have the following tasks:
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2. To take part in the evaluation work and
making suggestions and proposals on policies and mechanisms... concerning the
programs and/or projects; to comment on non-project aids which shall be decided
by the Prime Minister and given by foreign NGOs before submitting them to the
Prime Minister.
Article 11.- The
Vietnam Union of Friendship Societies shall assume the prime responsibility in
maintaining the relations with and mobilizing aids from foreign NGOs. It has
the following tasks:
1. To coordinate with the Ministry for Foreign
Affairs and the concerned agencies in organizing the mobilization of aids from
foreign NGOs, based on the priority fields and orientations and the general
external policies.
2. To guide and organize the inspection of
activities of representative offices and project offices of foreign NGOs under
Decision No.340/TTg of May 24, 1996 of the Prime Minister promulgating the
Regulation on Operation of Foreign NGOs in Vietnam.
3. To take part in the evaluation of programs
and projects valued at US$ 500,000 US$ or more.
4. To make comments to the Ministry of Finance
on non-project aids valued at over US$ 200,000 before they are submitted to the
Prime Minister for
consideration and decision.
5. To join the Ministry of Planning and
Investment in evaluating the situation of the mobilization of aids from foreign
NGOs biannually and annually so that the latter may make a sum-up report and
submit it to the Prime Minister.
6. To coordinate with the Ministry for Foreign
Affairs in proposing to the Government the guidelines on the mobilization of
emergency aids.
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Article 13.- The
Government’s Commission for Religions is tasked to guide and support Vietnamese
agencies and organizations in implementing the State's undertakings and
policies on religions in their relationship with religious foreign NGOs.
Article 14.- The
ministries, ministerial-level agencies, agencies attached to the Government,
People's Committees of the provinces and centrally- run cities and executive
bodies of mass organizations shall have to the following tasks:
1. To determine their attached bodies and/or
units that take responsibility for the control, reception and management of
aids from foreign NGOs.
2. To direct their dependent units in mobilizing
and taking advantages of foreign NGOs’
aids based on their own priority fields and orientations and the general
external policies of the State.
3. To direct their dependent units in preparing
the contents of programs and/or projects, as well as proposals on humanitarian aids
or emergency aids and sending them to the State management agencies mentioned
in Articles 7, 8, 9, 10 and 11 of this Regulation, which shall serve as basis
for mobilizing aids from foreign NGOs.
4. To coordinate with the Vietnam Union of
Friendship Societies and the Working Committee on Foreign NGOs standing body in
charge of foreign NGO- related work in contacting with the latter.
5. The ministers, the presidents of the People's
Committees of the provinces and centrally-run cities and the heads of the
ministerial-level agencies, agencies attached to the Government and mass
organizations shall ratify foreign NGOs aids according to their respective
competence stipulated in Clause 2, Article 5 of this Regulation. A ratifying
decision shall be sent to the Ministry of Planning and Investment, the Ministry
of Finance and the Vietnam Union of Friendship Societies within 15 days after
its signing.
6. To take responsibility for directing,
guiding. urging, inspecting and supervising the dependent units in the reception,
management and use of aids from foreign NGOs in strict compliance with the
current regulations and the commitments with foreign NGOs. To promptly find out
violations related to Religious, security and ethnic affairs... in the course
of organizing the reception of foreign NGOs aids so as to warn and request the
concerned units to comply with the regulations and report it to the relevant
agencies mentioned in Article 8 through Article 13 of this Regulation.
To synthesize periodical. final and extraordinary
(if any) reports and send them to the Ministry of Planning and Investment, the
Ministry of Finance, the Ministry for Foreign Affairs, the Government’s Office
and the Vietnam Union of Friendship Societies as well as the concerned
agencies, informing the results of the use of foreign NGOs aids in their
respective agencies or localities.
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Chapter IV
USE OF FOREIGN NGOS’
AIDS
Article 16.- Supplies,
goods, machinery, equipment and transport means imported as non- refundable
aids from foreign NGOs, which have been ratified by the competent level, shall
be exempt from import tax and special consumption tax (if any) according to the
current tax laws.
Article 17.-
Responsibilities of the units directly receiving and using foreign NGOs aids.
1. The units assigned the task of preparing
programs and/or projects shall have to elaborate the documents thereon and
submit them to the competent levels for ratification before implementation.
2. To clarify the contents of humanitarian aids
and/or emergency aids so as to submit them to the competent levels for ratification
before the reception and use of the aids.
3. To join the relevant agencies in coordinating
with foreign NGOs to proceed with the preparatory work and provide necessary
supports.
4. To use aids as already agreed upon and
committed with foreign NGOs and in conformity with the Government’s current
regulations on financial and monetary management, capital construction and
bidding for goods procurement and in accordance with the guidance of the
higher-level agencies mentioned in Clause 6, Article 14 of this Regulation.
5. To prepare periodical, final and
extraordinary (if any) reports on the situation of the reception, use and
financial management of foreign NGOs aids by their respective units and submit
them to the higher-level managing agencies so that the latter make a sum-up
report and submit it to the functional agencies mentioned in Clause 2, Article
18 of this Regulation.
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1. The ministries, the People’s Committees of
the provinces and centrally-run cities, the ministerial-level agencies, the
agencies attached to the Government and mass organizations shall have to make
sum-up reports on the use of aids and financial reports on foreign NGOs aids.
2. Within 2 weeks after the 6-month
implementation period, one month after the implementation year and 3 months
after the full use of foreign NGOs aids, all report must be sent to the
Ministry of Planning and Investment, the Ministry of Finance, the Vietnam Union
of Friendship Societies and the General Department of Statistics for
monitoring, making sum-up reports and submitting them to the Prime Minister.
3. Contents of the reports:
a/ For programs and projects: The reports
contents shall comply with the regulations on the reporting regime in the
implementation of ODA-funded programs and/or projects stipulated in Decree
No.87/CP of August 5, 1997 of the Government and Circular No.15/1997/TT-BKH of
October 24, 1997 of the Ministry of Planning and Investment guiding the
implementation of Decree No.87/CP.
b/ For non-project aids: The reports contents
shall comply with the requirements and guidance of the Ministry of Finance as
stipulated in Clause 8, Article 8 of this Regulation.
Article 19.- Inspection
and examination of the reception and use of foreign NGOs aids:
The ministers, the heads of the
ministerial-level agencies and agencies attached to the Government, the
presidents of the People’s Committees of the provinces and centrally-run cities
shall have to direct the functional agencies in monitoring and inspecting the
performance of tasks by different branches, levels and units that receive and
use foreign NGOs aids as mentioned in this Regulation; and shall conduct the
examination of acts with signs of violations of this Regulation.
All organizations and/or individuals that
violate this Regulation shall be dealt with according to law.
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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Nguyen Manh Cam