Thông tư 01/2008/TT-BNG của Bộ Ngoại giao về việc hướng dẫn trình tự, thủ tục ký kết và thực hiện điều ước quốc tế về nguồn hỗ trợ phát triển chính thức

CIRCULAR

GUIDING THE ORDER AND PROCEDURES FOR CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS ON OFFICIAL DEVELOPMENT ASSISTANCE

Pursuant to the June 14, 2005 Law on Conclusion, Accession to and Implementation of Treaties;

Pursuant to the Government s Decree No. 131/2006/ND-CP of November 9, 2006, promulgating the Regulation on Management and Use of Official Development Assistance (ODA );

Pursuant to the Governments Decree No. 21/2003/ND-CP of March 10, 2003. on thefunctions, tasks and organizational structure of the Ministry of Foreign Affairs;

In implementation of the Prime Ministers direction in Document No. 1908/TTg-QHQT of November 20, 2006, assigning the Ministry of Foreign Affairs to promulgate a legal document guiding the order and procedures for conclusion and implementation of international agreements on ODA;

The Ministry of Foreign Affairs guides the order and procedures for conclusion and implementation of international agreements on ODA as follows:

Part I

GENERAL PROVISIONS

1.- Scope of regulation and subjects of application

1.1. This Circular provides detailed guidance on the order and procedures for conclusion and implementation of framework international agreements and specific international agreements on ODA (below collectively referred to as international agreements on ODA), which are specified in Clause 14 of Article 4. Articles 9, 20, 21 and 22, and at Point a. Clause 1 of Article 31, of the Regulation on Management and Use of ODA (below referred to as the Regulation), promulgated together with the Governments Decree No. 131/2006/ND-CP of November 9, 2006.

1.2. This Circular applies to the conclusion and implementation of international agreements on ODA by ministries, ministerial-level agencies, government-attached agencies and other agencies which have ODA programs or projects defined in Clause 15, Article 4 of the Regulation.

2. The Governments responsibility for conclusion and implementation of specific international agreements on ODA in case managing agencies are other than proposing agencies which submit to the Government the conclusion of the agreements

2.1. Cases in which the managing agency of an ODA program or project (collectively referred to as the managing agency) is other than the proposing and submitting agency defined in Article 21 of the Regulation

a/ If a specific international agreement on ODA loans or non-refundable ODA loans is concluded with the World Bank (WB), the International Monetary Fund (IMF) or the Asian Development Bank (ADB) for the ODA program or project of which the managing agency is other than the State Bank of Vietnam, the State Bank of Vietnam shall submit to the Government the conclusion and implementation of that international agreement:

b/ If a specific international agreement on ODA loans is concluded with a donor other than the WB. the IMF or the ADB for the ODA program or project of which the managing agency is other than the Finance Ministry, the Finance Ministry shall submit to the Government the conclusion and implementation of that international agreement;

c/ If a specific international agreement on non-refundable ODA is concluded with a donor other than the WB. the IMF or the ADB for an ODA program or project of which the managing agency is an agency belonging to or assisting the National Assembly, is the State Audit, a provincial/municipal Peoples Committee or the central body of a socio-political organization, a political-social-professional organization or a professional organization, the Ministry of Planning and Investment shall propose and submit to the Government the conclusion and implementation of that international agreement;

d/ If a specific international agreement on non-refundable ODA mentioned at Point c of this Section is concluded together with another one on ODA loans with the same donor, for the same ODA program or project, the Finance Ministry shall propose and submit to the Government the conclusion and implementation of that international agreement.

2 2. The managing agenc; refined in Section 2.1 of this Pan shall:

a/ Draft a specific international agreement on ODA. translate it into Vietnamese and send into the proposing agency: coordinate with the proposing agency in comparing the original text of the international agreement with its Vietnamese version;

b/ Provide the proposing agency with necessary information for submission of the negotiation, signing, ratification, approval, interpretation, amendment, supplementation, extension, suspension or termination of a specific international agreement on ODA to the Government;

c/ Join in, or assume the prime responsibility for, the negotiation and organization of the signing ceremony of a specific international agreement on ODA according to the authorization decision of the Prime Minister;

d/ Elaborate a plan for implementation of a specific international agreement on ODA to be sent to the proposing agency for submission to the Government for approval in cases defined in Section 1.1, Part III of this Circular;

dd/ When the managing agency receives the donors notice of ratification, approval, effective date, interpretation, amendment supplementation, extension, suspension or termination of a specific international agreement on ODA, or the completion of ODA programs or projects under the international agreement, it shall send that notice to the proposing agency and the Ministry of Foreign Affairs;

e/ Send to the proposing agency and the Ministry of Foreign Affairs annual reports on the implementation of a specific international agreement on ODA.

Part II

ORDER AND PROCEDURES FOR CONCLUSION OF INTERNATIONAL AGREEMENTS ON ODA

1. Drafting international agreements on ODA

1.1. Before submitting to the Government the negotiation and signing of an international agreement on ODA prescribed in Article 9 or 22 of the Regulation, the proposing agency shall draft that international agreement: if the managing agency is other than the proposing agency, it shall draft and send the agreement to the proposing agency.

1.2. In case the proposing agency submits to the Government for approval a draft international agreement on ODA with the same donor in order to have a basis for negotiation of international agreements on ODA with similar contents:

a/ The draft international agreement on ODA submitted to the Government includes principal contents of Vietnams and the donors commitments and options for every specific issue i if any), and has been drafted after the draft model (if any) of international agreement on ODA provided by the donor, and the earlier concluded international agreements on ODA:

b/ The order, procedures for submitting and dossiers to be submitted to the Government for approval a draft international agreement on ODA with the same donor in order to have a basis for negotiation of international agreements on ODA with similar contents comply with the provisions of Point a. Section 4.2 and Section 4.3 of this Part.

The proposing agency may simultaneously submit to the Government the negotiation and signing of the international agreement on ODA and propose the latter to approve the draft of that agreement, which serves as a basis for negotiation of international agreements on ODA with similar contents.

c/ The draft international agreement on ODA approved by the Government serves as a basis for formulation of every international agreement on ODA with similar contents to be negotiated with donors.

2. Translation, revision, comparison of the original text of an international agreement on ODA with its Vietnamese version

2.1. In case an international agreement on ODA is signed in a foreign language only, the proposing agency shall translate that agreement into Vietnamese according to Article 16 of the Law on Conclusion. Accession to and Implementation of Treaties (below referred to as the Law); if the managing agency is other than the proposing agency, it shall translate the international agreement into Vietnamese and send the translation to the proposing agency.

2.2. The proposing agency shall revise and compare the original Vietnamese text or the Vietnamese version with the foreign language version of the international agreement on ODA in order to ensure its contents accuracy and formats consistency.

2.3. Opinions of the Ministry of Foreign Affairs regarding the revision and comparison of different versions of an international agreement on ODA (prescribed in .Article 16 of the Law) are part of the Ministrys examination opinions i prescribed in Article 10 of the Law), which are given after it receives the proposing agencys written recuest (prescribed in Article 12 of the Law), enclosed vrith the draft agreement in both Vietnamese and a foreign language, or the agreements Vietnamese translation in case it is signed in a foreign language only.

3. Authorization of the negotiation and signing of international agreements on ODA

3.1. Authorization of the negotiation and signing of international agreements on ODA on a case-by-case basis

a/ The proposing agencys proposal on an authorized representative(s) to negotiate and sign an international agreement on ODA is stated in its exposition to the Government on the negotiation and signing of that international agreement;

b/ Persons authorized by the Government to negotiate and sign international agreements on ODA on a case-by-case basis at the proposal of the proposing agency defined in Clause 5, Article 23 of the Law may be:

- Ministerial-level leaders or other representatives of proposing agencies; or.

- Heads of managing agencies (in case managing agencies are other than proposing agencies); or,

- Heads of foreign-based representative missions of the Socialist Republic of Vietnam, in case international agreements are negotiated and signed in foreign countries; or,

- Leaders of other ministries or branches.

3.2. Authorization of the negotiation and signing of international agreements on ODA with the same donors

a/ If the proposing agency submits to the Government the authorization of one or several representatives of the proposing agency to negotiate and sign an international agreement on ODA with the same donor, the order and procedures therefor comply with Articles 10, 12, 14 and 15 and Anicles 17 thru 21 of the Law;

b/ The text of the international agreement on ODA in the dossier to be submitted to the Government is the duplicate of such an agreement already signed earlier with the donor and options for every specific issue (if any), which serve as a basis for negotiation with that donor;

c/ The person(s) authorized by the Government to negotiate and sign international agreements on ODA with the same donor(s) is one or some ministerial-level leader(s) or other representative(s) of the proposing agency.

d/ Based on the Governments decision on authorization of the negotiation of international agreements on ODA with the same donors, representatives of the proposing agency shall assume the prime responsibility for organizing negotiations with the donors on each international agreement on ODA.

An international agreement on ODA may be signed after it satisfies the conditions specified at Points a and c of Section 6.1, and Section 6.2 of this Part

3.3. External procedures for the grant of authorization papers

a/ The Ministry of Foreign Affairs shall complete external procedures for the grant of authorization papers for the negotiation and signing of one or more than one international agreement on ODA with the same donor;

b/ An authorization paper is valid for five (5) working days at most from the date of receipt of the Governments authorization decision or the date of receipt of the proposing agencys written notice on the supply of information on the names and positions of the authorized persons, the Vietnamese and foreign titles of the international agreement on ODA (in case such information is not staled in the Governments authorization as stipulated in Clause 3. Article 24 of the Law).

3.4. In case of replacement of a person authorized by the Government to negotiate and sign an international agreement on ODA or to sign some international agreements on ODA with the same donor, the proposing agency shall promptly submit such replacement to the Government for decision according to Clause 4, Article 24 of the Law; the Ministry of Foreign Affairs shall complete external procedures for the grant of authorization papers according to Section 3.3 of this Part.

4. Order and procedures for submission to the Government of the negotiation and signing of international agreements on ODA

4.1. Except for cases in which it has been authorized by the Government to negotiate international agreements on ODA with the same donor, the proposing agency shall submit to the Government the negotiation and signing of international agreements on ODA. If the managing agency is other than the proposing agency, it shall provide the proposing agency with necessary information serving the submission of the negotiation and signing of a specific international agreement on ODA to the Government.

4.2. Order and procedures for submission to the Government

a/ Except for cases defined at Points b and c of this Section, the order and procedures for submission of the negotiation and signing of international asreements on ODA to the Government comply with Articles 10, 12,14 and Articles 17 thru 21 of the Law;

b/ If it is urgent to negotiate and sign an international agreement on ODA under the Prime Ministers direction or at the request of the donor while the time limit for negotiation and signing of that agreement is only forty five (.45) days, the order and procedures for the negotiation and signing of that agreement are as follows:

- The proposing agency shall simultaneously send a dossier to agencies and organizations related to the contents of the agreement for comment, to the Ministry of Foreign Affairs for examination opinions, and to the Ministry of Justice for appraisal opinions. The dossier comprises a written request for comment, the draft exposition to the Government and enclosed documents prescribed in Section 4.3 of this Part.

- Agencies and organizations related to the contents of an international agreement on ODA shall send their written comments to the proposing agency within five (5) working days after receiving the latters dossier. Those comments shall be sent concurrently to the proposing agency, the Ministry of Foreign Affairs and the Ministry of Justice.

Within five (5) working days after receiving a complete dossier from the proposing agency and comments of agencies and organizations related to the contents of an international agreement on ODA. the Ministry of Foreign Affairs shall send to the proposing agency its examination opinions on the proposal for the negotiation and signing of that agreement.

The Ministry of Justice shall appraise international agreements on ODA according to Article 19 of the Regulation on appraisal of international agreements, promulgated together with the Justice Ministers Decision No. 06/2006/QD-BTP of July 24,2006.

- Right after receiving written replies from concerned agencies and organizations, the proposing agency shall submit the negotiation, or negotiation and signing of an international agreement on ODA to the Government.

c/ In case the representative of the proposing agency has been authorized by the Government to sign international agreements on ODA with the same donor, upon the end of negotiation on the draft international agreement on ODA. the proposing agency shall submit the signing of the international agreement on ODA to the Government according to the order and procedures prescribed in Section 6.2 of this Part.

4.3. The proposing agencys dossiers submitted to the Government

a/ The proposing agencys exposition to the Government on the negotiation, or negotiation and signing of an international agreement on ODA has contents prescribed in Article 14 of the Law.

With regard to international agreements on ODA which are subject to approval under Article 43 of the Law. if the proposing agency can assure that the to-be-signed agreement will be kept unchanged compared to its draft already permitted by the Government for signing, it may propose the Government to allow the signing and completion of procedures for the validity (approval) of that agreement and, at the same time, to assign the proposing agency to coordinate with the Ministry of Foreign Affairs in carrying out external procedures for completion of validity procedures for that international agreement.

b/ Documents enclosed with the proposing agencys exposition to the Government are specified at Points b,c and d, Clause 1, Article 15 of the Law.

In case of submission of the signing of a specific iniernaiional agreement on ODA to the Government, necessary documents defined at Point d, Clause 1, Article 15 of the Law include the competent agencys decision approving the ODA program or project documents according to the Regulation, the donors letter or notice (if any) requesting the signing of that agreement, and other documents (if necessary).

4.4. The proposing agency shall coordinate with the Government Office in case the Government submits or reports to the State President or submits to the National Assembh Standing Committee according to Points b. c and d, Clause 4 of Article 12, Clauses 2 and 3 of Article 15 of the Law.

5. Negotiation of international agreements on ODA

5.1. Based on the Governments decision on authorization of the negotiation of one or more than one international agreement on ODA with the same donor, the Governments authorized representative shall assume the prime responsibility for negotiation with the donor on the agreement or agreements.

5.2. Upon the end of negotiation, after revising and comparing with the draft of the international agreement on ODA, the Governments authorized person is competent to initial the draft international agreement and sign the negotiation minutes with the donors representative in order to recognize the negotiation results.

6. Signing of international agreements on ODA

6.1. Before organizing a signing ceremony for an international agreement on ODA. the proposing agene;. shall complete the signing procedures according to Clause 1, Article 27 of the Law. Procedures for signing an international agreement on ODA are completed when the following conditions are satisfied:

a/ The Government has decided to agree to the draft of that international agreement and al low its signing;

b/ The representative to sign the agreement has been authorized by the Government;

c/ The proposing agency has completely revised and compared the Vietnamese and foreign-language versions of the agreement so as to ensure its contents accuracy and formats consistency.

6.2. In case the proposing agencys representative authorized by the Government to sign international agreements on ODA with the same donor has completed negotiations on the draft of an agreement or the draft has been permitted by the Government to be signed but after negotiation there arise changes mentioned in Clause 3, Article 27 of the Law. the proposing agency shall submit the signing of the agreement to the Government and may sign it only after obtaining permission from the Government. The order and procedures for submission to the Government is as follows:

a/ Consulting the Ministry of Foreign Affairs for examination opinions if changes arising during negotiation are related to the contents specified at Points b, c and d, Article 10 of the Law or to the name or level under which the international agreement is signed, or to the agreements validity; the proposing agencys written request for opinions should state the changed contents and be attached with the draft of that international agreement.

The Ministry of Foreign Affairs shall send a written reply to the proposing agency within 5 working days after receiving the latters written request.

b/ Consulting the Ministry of Justice for appraisal opinions if changes arising during negotiation may lead to amendment or supplementation or promulgation of legal documents: the appraisal must comply with Article 20 of the Regulation on appraisal of international agreements, promulgated together with the Justice Ministers Decision No. 06/2006/QD-BTPofJuly 24, 2006.

c/ If changes arising during negotiation are related to the domains under the state management by another agency, that agency must be consulted and shall give its written opinions to the proposing agency within five (5) working days after receiving a written consultation request from the proposing agency,

d/ After receiving written opinions of the agencies defined at Points a, b and c of this Section, the proposing agency shall submit the signing of the international agreement on ODA to the Government. The dossier to be submitted to the Government comprises documents specified in Section 4.3 of this Pan.

6.3. Based on the Governments decision permitting the signing of an international agreement on ODA. the proposing agency shall print out that agreement and organize its signing according to Clause 6 of Article 23, Clauses 1 and 2 of Article 27, Articles 28 and 29 of the Law.

If the managing agency is other than the proposing agency, it shall join in or assume the prime responsibility for organizing the signing ceremony for the specific international agreement on ODA under the Governments authorization decision.

7. Order and procedures for submission of international agreements on ODA for ratification

7.1. With regard to an international agreement on ODA which are subject to ratification under Article 31 of the Law, the proposing agency shall submit the ratification of that international agreement to the Government for further submission to the State President; if the managing agency is other than the proposing agency, it shall provide the proposing agency with necessary information for the latter to submit to the Government the ratification of the specific international agreement on ODA.

7.2. Order and procedures for submission to the Government

a/ Except for cases defined at Point b of this Section, the order and procedures for submission of the ratification of an international agreement on ODA to the Government comply with the provisions of Clauses 1,2 and 3, Article 38 of the Law;

b/ If it is urgent to submit to the Government the ratification of an international agreement on ODA under the Prime Ministers direction or at the donors request while the time limit for completion of validity procedures for that international agreement is only thirty (30) days at most, the order and procedures are as follows:

- The proposing agency shall by express mail send written consultation requests to the Ministry of Foreign Affairs and concerned agencies and organizations regarding the ratification of that international agreement:

- The consulted agencies and organizations shall reply in writing the proposing agency within five (5) working days after receiving the dossier:

- After receiving written repi:es from concerned agenctes and organizations, the proposing agency shall submit the ratification to the Government for submission to the State President.

7.3. The proposing agencys dossier sent to the Ministry of Foreign Affairs and concerned agencies and organizations regarding the ratification of an international agreement on ODA comprises:

a/ A written request for opinions;

b/ The draft exposition to the Government prescribed at Point a, Clause 1, Article 40 of the Law;

c/ A copy of the agreement (including its appendices), the Vietnamese translation in case the agreement is to be signed in a foreign language only.

7.4. The proposing agencys dossier submitted to the Government regarding ratification of an international agreement on ODA comprises the documents specified in Clause 1, Article 40 of the Law.

7.5. The proposing agency shall coordinate with the Government Office for the Government to submit an international agreement on ODA to the State President for ratification: and coordinate with the State Presidents Office in case the State President submits to the National Assembly for ratification an international agreement on ODA under Articles 33 thru 39 of the Law.

8. Order and procedures for approval of international agreements on ODA

8.1. With regard to an international agreement on ODA which is subject to approval by the Government under Article 43 of the Law while the Governments decision permitting the signing of that agreement does not cover permission for completion of validity procedures for the approval of that agreement, the proposing agency .shall submit the agreement to the Government for approval: if the managing agency is other than the proposing agency, it shall provide the proposing agency with necessary information for submission of a specific international agreement on ODA to the Government for approval.

8.2. Order and procedures for submission to the Government

a/ Except for cases defined at Point b of this Section, the order and procedures for submission of an international agreement on ODA to the Government for approval comply with Article 45 of the Law;

b/ If it is urgent to submit to the Government for approval an international agreement on ODA under the Prime Ministers direction or at the donors request while the time limit for completion of validity procedures for that agreement is only twenty (20) days at most, the order and procedures for submission of the agreement to the Government for approval are similar to those specified at Point b. Section 7.2 of this Part.

8.3. The proposing agencys consultation dossier sent to the Ministry of Foreign Affairs and concerned agencies and organizations for opinions regarding the approval of an international agreement on ODA comprises:

a/ A written request for opinions:

b/ The draft exposition to the Government prescribed in Clause 1, Article 46 of the Law:

c/ A copy of the agreement (including its appendices), the Vietnamese translation in case the agreement is to be signed in a foreign language only.

8.4. The proposing agencys dossier of an international agreement on ODA submitted to the Government for approval comprises the documents specified in Article 46 of the Law.

9. Notification of the ratification, approval and effective dates of international agreements on ODA

9.1. Except for cases defined in Section 9.2 of this Part, within five (5) working days after receiving a competent state agencys written notice of the ratification or approval of an international agreement on ODA and the original text of the agreement from the proposing agency, the Ministrv of Foreism Affairs shall notifv the donor of the ratification or approval of that agreement according to Articles 41 and 47 of the Law.

9.2. In case the Governments decision simultaneously permits the signing of an international agreement on ODA and the completion of validity procedures (approval) of that agreement, within five (5) working days after receiving the proposing agencys written request, enclosed with the original text of the international agreement, the Ministry of Foreign Affairs shall notify the donor of the completion of validity procedures for that agreement.

9.3. The Ministry of Foreign Affairs shall notify concerned agencies and organizations of the effective date of an international agreement on ODA according to Clause 4, Article 41 and Clause 3. Article 47 of the Law.

9.4. Within five (5) working days after receiving the donors notice of the ratification, approval or effective date of an international agreement on ODA. the proposing agency or the managing agency shall notifv it to the Ministry of Foreian Affairs.

Part III

ORDER AND PROCEDURES FOR IMPLEMENTATION OF INTERNATIONAL AGREEMENTS ON ODA

1. Order and procedures for submission of plans for implementation of international agreements on ODA to the Prime Minister for approval

1.1. With regards to plans for implementation of framework international agreements on ODA or specific international agreements on ODA of which ODA program or project documents fall under the Prime Ministers approving competence prescribed in Clause 1, Article 19 of the Regulation, if these plans are not specified in the international agreements (or in their appendices) or have not been approved by the Prime Minister upon deciding to permit the signing of or approving those international agreements, proposing agencies shall submit them to the Prime Minister for decision.

If managing agencies are other than proposing agencies, they shall draft plans for implementation of specific international agreements on ODA and send those plans to proposing agenciesfor further submission to the Prime Minister for approval.

1.2. The order and procedures for submission to the Prime Minister in the cases defined in Section 1.1 of this Part comply with Article 72 of the Law.

1.3. Plans for implementation of international agreements on ODA

a/ With regard to a framework international agreement on ODA. its implementation plan covers principal contents prescribed in Clause 2, Article 71 of the Law;

b/ With regard to a specific international agreement on ODA for an ODA program or project (except for ODA for budget support), its implementation plan includes a plan for implementation of the ODA program or project defined in the international agreement or its appendices and other measures (if any) for implementing the agreement;

c/ With regard to a specific international agreement on ODA for budget support, its implementation plan is the policy framework of the program already approved by a competent authority, capital disbursement or debt pa\ ment conditions set in the agreement or its appendices.

2. Order and procedures for submission of the interpretation, suspension or termination of specific international agreements on ODA to the Government

2.1. In the course of implementing a specific international agreement on ODA, if there arise issues related to the interpretation, suspension or termination of the agreement, the project owner shall promptly report such to the managing agency.

If the managing agency is other than the proposing agency which submits to the Government the conclusion of the international agreement on ODA according to Article 21 of the Regulation, the managing agency shall notify and coordinate with the proposing agency in submitting to the Government the interpretation, suspension or termination of a specific international agreement on ODA.

2.2. Based on the requirements of the Vietnamese party or the foreign party, the proposing agency shall;

a/ Submit to the Government the interpretation of international agreements according to the order and procedures specified in Articles 74 thru 78 of the Law:

b/ Submit to the Government the suspension or termination of international agreements on ODA according to the order and procedures specified in Articles 94 and 95 of the Law.

3. Order and procedures for amendment, supplementation and extension of specific international agreements on ODA

3.1. If there arises a need for modification of a specific international agreement on ODA prescribed at Point a, Clause 1 of the Regulation, the ODA project owner shall promptly send a report to die managing agency, requesting amendment or supplementation of the agreement (including its appendices) or extension of that agreement.

If the managing agency is other than the proposing agency which submits to the Government the signing of a specific international agreement on ODA prescribed in Article 21 of the Regulation, the managing agency shall notify and coordinate with the proposing agency in submitting the signing to the Government.

3.2. The proposing agency which has submitted to the Government the signing of a specific international agreement on ODA shall submit to the Government the amendment, supplementation or extension of that agreement according to the following order and procedures:

a/ If the amendment, supplementation or extension of a specific international agreement on ODA is effected through the exchange of diplomatic letters or notes, the order and procedures for submission of the amendment, supplementation or extension of that agreement to the Government comply with the provisions of Articles 80 thru 83 of the Law.

The external or internal notification of the amendment, supplementation or extension of that agreement complies with the provisions of Section 4 of this Part;

b/ When it is necessary to sign a new international agreement on amendment, supplementation or extension of a specific international agreement on ODA. the proposing agency shall submit it to the Government according to the order and procedures specified in Section 4. Part II of this Circular.

Based on a competent state agencys written decision on amendment, supplementation or extension of a specific international agreement on ODA. the proposing agency shall assume the prime responsibility for. and coordinate with the managing agency (in case the managing agency is other than the proposing agency) in. organizing the signing ceremony for a new agreement on the amendment, supplementation or extension of that agreement and send to the Ministry of Foreign Affairs the newly signed agreement.

4. Notification of interpretation, amendment, supplementation, extension, suspension or termination of international agreements on ODA

4.1. After receiving written decisions from competent state agencies on the interpretation, amendment, supplementation, extension, suspension or termination of international agreements on ODA. the Ministry of Foreign Affairs shall notify donors and concerned agencies and organizations according to Articles 79, 84 and 96 of the Law. unless otherwise authorized in the decisions.

4.2. Within five (5) working days after receiving the donors notice of interpretation, amendment, supplementation, extension, suspension or termination of an international agreement on ODA, the proposing agency or managing agency shall notify it to the Ministr Foreign Affairs.

4.3. In case an international agreement on ODA ceases to be effective or its validity duration expires according to its own provisions or as agreed upon with the donor, the proposing agency shall promptly notify the Ministry of Foreign Affairs of the date when the agreement ceases to be effective or the final day of its validity duration as well as relevant information (prescribed in Section 4.4 of this Part) on the effectiveness of that agreement.

With regard to a specific international agreement on ODA. the managing agency shall, within 6 months after the completion of ODA programs or projects concerned, when sending to the Ministry of Planning and Investment a report on completion of the program or project (according to Point d, Clause 1, Article 36 of the Regulation), concurrently send the report to the Ministry of Foreign Affairs, enclosed with information on the validity (defined in Section 4.4 of this Part) of that agreement.

4.4. Information on the validity of an international agreement on ODA includes:

a/ Its effective date and validity duration, including the duration of ODA programs or projects under the agreement, enclosed with copies of the donors related notices (if any);

b/ The date and contents of amendment or supplementation of the agreement (including its appendices): the date and time limit of extension, the date when the agreement ceases to be effective, the date of expiration of the validity duration of the agreement (including extension, completion of ODA programs or projects under the agreement), enclosed with copies of decisions of competent Vietnamese agencies and the donors related notices (if any).

5. Responsibility for annual reporting on the implemeniaiion of international agreements on ODA

5.1. Managing agencies shall, when sending to the Ministry of Planning and Investment annual reports on implementation of ODA programs or projects under Point c, Clause 1. Article 36 of the Regulation, concurrently send those reports to the Ministry of Foreign Affairs, enclosed with information (defined in Section 4.4 of this Part) on the validity of specific international agreements on ODA for those ODA programs or projects.

5.2. The Ministry of Planning and investment shall, when submitting to the Prime Minister annual reports on the management and implementation of ODA programs or projects under Clause 9, Article 39 of the Regulation, concurrently send those reports to the Ministry of Foreign Affairs for integration into annual reports on the situation of conclusion, accession to and implementation of treaties in accordance with the Law.

Part IV

ORGANIZATION OF IMPLEMENTATION

1. This Circular takes effect fifteen (15) day s after its publication in CONG BAO.

2. In the course of implementation of this Circular, any arising problems should be notified by proposing agencies, managing agencies, concerned agencies and organizations to the Ministry of Foreign Affairs for coordinated settlement.