THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Hanoi, May 25, 2020
On management and use of official development assistance (ODA) and concessional loans of foreign donors
Pursuant to the Law on Organization of the Government dated June 19, 2015;
Pursuant to the June 25, 2015 Law on the State Budget;
Pursuant to the Law on Bidding dated November 26, 2013;
Pursuant to the Construction Law dated 18 June 2014;
Pursuant to the Law on Investment dated November 26, 2014;
Pursuant to the Law on Environmental Protection dated June 23, 2014;
Pursuant to the Law on Treaties dated April 09, 2016;
Pursuant to the Law on Public Debt Management dated November 23, 2017;
Pursuant to the Law on Public Investment dated June 18, 2014;
At the proposal of the Minister of Planning and Investment;
The Government hereby promulgates the Decree on management and use of official development assistance (ODA) and concessional loans of foreign donors.
Article 1. Scope of regulation
This Decree prescribes the management and use of official development assistance (ODA) and concessional loans provided by foreign governments, international organizations and inter-governmental or inter-state organizations or governmental organizations authorized by foreign governments (hereinafter collectively referred to as foreign donors) to the State or the Government of the Socialist Republic of Vietnam.
Article 2. Subjects of application
This Decree applies to agencies, organizations and individuals engaged or involved in the management and use of ODA and concessional loans of foreign donors and counterpart fund of Vietnam.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Steering Committee of an ODA or concessional loan-funded program or project (below referred to as the “Steering Committee”) means an organization established by the managing agency of an ODA or concessional loan-funded program or project (hereinafter referred to as “a program or project”) and composed of competent representatives of related agencies to direct, coordinate and supervise the program or project implementation. In some necessary cases, on the basis of agreements with the foreign donor, the Steering Committee may include a representative of the foreign donor.
2. The management unit of an ODA or concessional loan-funded program or project (hereinafter referred to as "the project management unit") means an organization established to assist the managing agency and the project owner in managing the implementation of one or more than one program or project.
3. Program means a combination of ODA or concessional loan-funded interrelated activities or projects which may be related to one or many different sectors or fields, different geographical areas and different stakeholders and aim to achieve one or several specified objectives and are performed through one or more than one stage.
4. The program associated with a policy framework means a program subject to the foreign donor's conditions on ODA or concessional loan disbursement associated with the Vietnamese Government’s commitment on formulation and implementations of policies, institutions and solutions for socio-economic development on a given scale and according to a given roadmap agreed upon between the parties.
5. Global or regional program or project (hereinafter referred to as “regional program or project”) means a program or project financed on a global scale or for a group of countries in one or more than one region in order to carry out cooperation activities aiming to achieve certain targets for the benefit of all parties and for the common benefit of the region or the world. Vietnam’s participation in this program or project may be in either of the following forms:
a) Participation in carrying out one or more than one activity predesigned by the foreign donor in a regional program or project;
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