THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, July 8, 2020
On management and use of non-refundable aid not belonging to official development assistance provided by foreign agencies, organizations and individuals for Vietnam
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the June 22, 2015 Law on Promulgation of Legal Documents;
At the proposal of the Minister of Planning and Investment,
The Government promulgates the Decree on management and use of non-refundable aid not belonging to official development assistance provided by foreign agencies, organizations and individuals for Vietnam.
Article 1. Scope of regulation
1. This Decree prescribes the management and use of non-refundable aid not belonging to official development assistance (ODA) provided by foreign agencies, organizations and individuals for lawfully established agencies and organizations in Vietnam for socio-economic development or humanitarian assistance purpose, but not for profit or commercial purpose.
2. This Decree does not regulate:
a/ Non-refundable aid amounts of foreign agencies and organizations the receipt of which requires official signing of documents in accordance with the Law on Treaties, and non-refundable aid amounts under ODA agreements which are required to be concluded in the name of the State or the Government of the Socialist Republic of Vietnam;
b/ Donations and gifts provided for agencies and organizations not for humanitarian assistance or charity purpose;
c/ Amounts financed under cooperation agreements, service contracts or technology transfer contracts to generate profits for distribution;
d/ Financed amounts received by individuals for scientific research activities, which must comply with Law No. 29/2013/QH13 on Science and Technology;
dd/ Emergency international aid provided by foreign governments, international organizations, foreign non-governmental organizations and foreign individuals as relief, which shall be approved and implemented within 3 months from the date of occurrence of a natural disaster, and emergency international aid for remediation of natural disaster consequences, which shall be approved and implemented within 9 months from the date of occurrence of a natural disaster.
Article 2. Subjects of application
1. This Decree applies to agencies, organizations and individuals engaged or involved in the management and use of non-refundable aid not belonging to ODA (below referred to as aid) specified in Article 1 of this Decree.
2. Aid donors referred to in this Decree are foreign organizations and individuals that have goodwill and respect and observe Vietnam’s law, including:
a/ Foreign non-governmental organizations, not-for-profit organizations, social funds, and private funds established under foreign laws;
b/ Foreign individuals, including overseas Vietnamese;
c/ Enterprises and companies established under foreign laws, excluding foreign-invested economic organizations operating in Vietnam in accordance with the Law on Investment;
d/ Research and training institutions established under foreign laws (including research institutes and cooperation institutions of foreign governments);
dd/ Ministries, agencies and organizations of foreign governments, and Vietnam-based diplomatic missions of foreign countries that provide aid amounts or authorize foreign legal entities to manage aid amounts of which the receipt and implementation neither require official signing of documents in accordance with the Law on Treaties nor require the Vietnamese partners to sign documents in the name of the State or the Government of the Socialist Republic of Vietnam.
3. Aid recipients referred to in this Decree are Vietnamese agencies and organizations established under Vietnam’s law, and having functions and tasks relevant to and operating in line with the objectives and contents of the aid amounts to be received, including:
a/ State agencies and public non-business units with their operating funds wholly or partially covered by the state budget;
b/ Socio-political organizations, socio-political-professional organizations, social organizations, socio-professional organizations, science and technology organizations, social funds, and charity funds established in accordance with Vietnam’s laws on societies, science and technology organizations, social funds, and charity funds;
c/ Social enterprises that receive aid for settlement of social and environmental issues;
d/ Other subjects as decided by the Prime Minister.
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 Công Báo Nos 707-708 (22/7/2020)