THE MINISTRY OF PLANNING AND INVESTMENT
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
Hanoi, September 20, 2001
GUIDING THE IMPLEMENTATION OF THE REGULATION ON THE MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE
(Issued together with the Government’s Decree No. 17/2001/ND-CP of May 4, 2001)
Pursuant to the Government’s Decree No. 75/CP of November 1, 1995 on the functions, tasks, powers and organizational apparatus of the Ministry of Planning and Investment;
In furtherance of Article 4 of the Government’s Decree No. 17/2001/ND-CP of May 4, 2001 issuing the Regulation on the management and use of official development assistance (hereinafter referred to as the Regulation for short).
The Ministry of Planning and Investment hereby guides the implementation of the Government’s Decree No. 17/2001/ND-CP of May 4, 2001 issuing the Regulation on the management and use of official development assistance as follows:
I. GENERAL PROVISIONS
1. Scope of regulation
The Regulation on the management and use of official development assistance (ODA) regulates activities of attracting, managing and using this resource which is provided by the following donors and in the following forms:
1.1. ODA-providing donors include:
1.1.1. Foreign governments;
1.1.2. Inter-governmental or inter-state organizations, including:
a/ Development organizations of the United Nations (UN) such as: The United Nations Development Program (UNDP); the United Nations Children�s Fund (UNICEF); the World Food Program (WFP), the United Nations Food and Agriculture Organization (FAO); the United Nations Fund for Population Activities (UNFPA); the United Nations Development Capital Fund (UNDCF); the United Nations Industrial Development Organization (UNIDO); the United Nations High Commissioner for Refugees (UNHCR); the World Health Organization (WHO); the International Atomic Energy Agency (IAEA); the United Nations Educational, Scientific and Cultural Organization (UNESCO); the International Fund for Agricultural Development (IFAD); the International Monetary Fund (IMF); the International Development Association (IDA) and the International Bank for Reconstruction and Development (IBRD) under the World Bank (WB) group.
b/ The European Union (EU), the Organization for Economic Cooperation and Development (OECD), the Association of South-East Asian Nations (ASEAN).
c/ International financial organizations: The Asian Development Bank (ADB); the Organization of Petroleum Exporting Countries (OPEC); the Northern Europe Investment Bank (NIB); the Northern Europe Development Fund (NDF); the Kuwait Fund.
1.2. Forms of ODA provision include:
1.2.1. Non-refundable ODA, which is the ODA not to be refunded to the donors.
1.2.2. Preferential ODA loans (also called preferential credit), which are borrowed by the Vietnamese Government at concessional interest rates and under preferential conditions with the "non-refundable component" (also called "support component") accounting for at least 25% of the total value of each loan.
1.2.3. Mixed ODA, which are non-refundable aid amounts or preferential loans provided simultaneously together with commercial credit amounts with the "non-refundable component" accounting for at least 25% of the total value of these amounts.
The method of calculating the "non-refundable component" is provide for in Appendix I to this Circular (not printed herewith).
1.3. The activities of attracting, managing and using loans with a support component of under 25% from international financial organizations, including loans from the International Monetary Fund (IMF), loans from the International Bank for Reconstruction and Development (IBRD) under the WB, and the Ordinary Capital Resource Fund (OCR) under the ADB, also fall under the governance scope of the Regulation and this Circular.
2. Priority domains for ODA use:
Support with ODA loans for a number of manufacturing domains in order to solve socio-economic problems mentioned at Point e, Clause 2, Article 3 of the Regulation is construed as production and business programs and projects which primarily aim to support the solution of a particular social matter such as job creation, increase of incomes for the poor, tackling of social vices, etc.
II. MOBILIZATION, NEGOTIATION, CONCLUSION OF INTERNATIONAL FRAMEWORK AGREEMENTS ON ODA
1. Lists of priority programs and projects for ODA mobilization at the annual conferences of donors consulting group (CG conferences).
1.1. In the first week of August every year, the Ministry of Planning and Investment shall send written guidance to the managing agencies on how to prepare lists of programs and projects for selection and incorporation in the lists of priority programs and projects for ODA mobilization to be presented at the annual CG conferences.
1.2. Prior to the end of September every year, the managing agencies shall send to the Ministry of Planning and Investment the lists of priority programs and projects for ODA mobilization at the CG conferences. The outline of each program or project shall be made according to the set form.
2. Coordination in ODA mobilization
The coordination in ODA mobilization provided for in Article 8 of the Regulation is guided as follows:
2.1. Branch-based ODA coordination meetings
The branch-based ODA coordination meetings (called the branch-based ODA meetings for short) are organized to promote the mobilization and ensure the efficient use of ODA according to the approach to each branch or field in line with the national socio-economic development strategy, the development strategy and planning of each branch and the five-year plan of each branch or field.
The branch-based ODA meetings must be conducted according to the State�s current regulations on organization of international meetings and seminars under the Prime Minister�s Decision No. 122/2001/QD-TTg of August 21, 2001.
2.1.1. The ministerial-level agencies and branches shall assume the prime responsibility for preparing and organizing branch-based ODA meetings. The Ministry of Planning and Investment shall coordinate with them in preparing for and co-preside over, such meetings.
2.1.2. Preparation for branch-based ODA meetings:
- At least 30 working days before the expected opening of a meeting, the ministerial or branch-level agency organizing such meeting shall send a written request to the Ministry of Planning and Investment regarding the organization of the meeting, attaching therewith a plan on coordination in organizing the meeting.
- Within 10 working days after receiving the written request of the ministerial-level agency or branch, the Ministry of Planning and Investment shall issue a written reply, clearly stating its opinions on the meeting and the plan for coordination in organizing the meeting.
- At least 10 working days before the expected opening of the meeting, the ministerial-level agency or branch with the prime responsibility for organizing the meeting shall consult with the Ministry of Planning and Investment on the contents of the documents to be prepared and presented by the Vietnamese side at the meeting.
2.2. Territory-based ODA mobilization meetings
Territory-based ODA mobilization meetings are organized to increase the opportunity to attract ODA for socio-economic development of one or several provincial-level units. The contents of provincial-level ODA mobilization must be in line with the five-year socio-economic development strategy, planning and plan of each province or territory.
The organization of territory-based ODA mobilization meetings shall comply with the State�s current regulations on the organization of international meetings and seminars in the Prime Minister’s Decision No. 122/2001/QD-TTg of August 21, 2001. The Ministry of Planning and Investment shall have the responsibility to guide the organization of territory-based ODA mobilization meetings.
2.2.1. Presidency over territory-based ODA mobilization meetings
- For a meeting on mobilization of ODA for a single territory consisting of two or more provincial-level units, it shall be presided over by the Ministry of Planning and Investment.
- For a meeting on ODA mobilization for a single province or city, it shall be presided over by the provincial/municipal Peoples Committee.
2.2.2. Preparation for territory-based ODA mobilization meetings: