Chương III Nghị định 114/2021/NĐ-CP: Lập, thẩm định, quyết định chủ trương thực hiện và phê duyệt văn kiện dự án hỗ trợ kỹ thuật, phi dự án sử dụng vốn ODA không hoàn lại

Chapter III

FORMULATING, APPRAISING, DECIDING ON POLICY FOR IMPLEMENTATION AND APPROVING DOCUMENTS OF TECHNICAL ASSISTANCE PROJECTS AND NON-PROJECT ASSISTANCE FUNDED BY ODA GRANTS

Article 23. Authority to approve the policy for implementation and documents of the technical assistance project and non-project assistance

1. The Prime Minister shall be empowered to approve the policy for implementation of technical assistance projects and non-project assistance funded by ODA grants in the following cases: Projects associated with a policy framework; projects or non-project in the field of national defense, security and religion; procurement of goods subject to the Prime Minister’s permission in accordance with relevant law.

2. The head of the managing agency shall:

a) Approve the documents of the technical assistance project, non-project assistance based on the implementation policy decision of the Prime Minister for the cases specified in clause 1 of this Article; the Prime Minister’s decision on policy for participation in the regional programs/projects;

b) Approve the documents of the technical assistance project, non-project assistance for the cases that are not specified in clause 1 of this Article and not required to follow the order and procedures of the implementation policy decision.

Article 24. Preparation of documents of technical assistance projects and non-project assistance

The managing agency shall cooperate with foreign donors in formulating the documents of projects and non-projects by using the samples given in Appendix V and VI herein.

Article 25. Order and procedures for decision on investment policy for technical assistance projects and non-project assistance under the Prime Minister's decision-making authority

1. The managing agency shall send the competent authority a written request for approval of the policy, enclosing project or non-project documents sent to the Ministry of Planning and Investment.

2. Within 05 working days from the day on which valid documents prescribed in clause 1 of this Article are received, the Ministry of Planning and Investment shall send written enquiries to relevant authorities in order for them to respond within 10 days from the receipt of the enquiries.

3. Within 05 days from the day on which the written comments are received from concerned agencies, the Ministry of Planning and Investment shall incorporate them into a report to be submitted to the Prime Minister to seek his decision.

4. The Prime Minister shall consider granting the investment policy decision for the project or non-project, including the following information:

a) Name of the project or non-project;

b) Donor, co-donor (if any):

c) Objectives;

d) Total fund and funding structure (e.g. ODA grants and counterpart fund);

dd) Implementation method.

5. In case the project or non-project documents are found to be incomplete after incorporating those comments, the Ministry of Planning and Investment shall request the managing agency to complete them.

Article 26. Order and procedures for appraising and deciding approval of technical assistance project and non-project documents

1. Appraisal of the projects and non-projects referred to in clause 1 of Article 23 of this Decree by their managing agencies is not required. The head of the managing agency shall decide whether to approve the project or non-project documents according to the decision on implementation policy.

2. Regarding projects and non-project assistance other than those specified in clause 1 of Article 23 of this Decree:

a) The managing agency shall preside over the appraisal process; send written enquiries, enclosing project or non-project documents and other relevant documents (if any) to the Ministry of Planning and Investment, the Ministry of Finance and concerned authorities;

b) Within 10 days from the day on which valid documents are received, the consulted agencies shall send their written comments thereon, focusing on the following contents: necessity, key objectives and outcomes; funding sources and availability, financial mechanisms; conditions of the foreign donor (if any) and responding capacity of Vietnam;

c) The appraisal contents of the project or non-project assistance include: the compatibility of the project and non-project assistance with the specific development goals of ministries, agencies, localities, implementing agencies and beneficiaries; the appropriateness of the implementation method; fund and the availability of fund, financial mechanism; the rationality of funding structure for major categories; commitments, prerequisites and other conditions of the foreign donor and the stakeholders (if any); effectiveness, the ability to apply the results in real practices and sustainability beyond the project or non-project life cycle; unanimous opinions or discrepancies amongst the parties;

d) The appraisal dossiers include: The project or non-project owner’s letter of transmittal for approval of the project/non-project document; draft project or non-project document; written comments of concerned agencies; and other relevant documents (if any), such as the donor’s written endorsement for the project or non-project contents, notice of commitment to consider funding, memorandum of understanding with the donor, report of the appraisal mission prepared upon the request of the donor;

dd) Based on the appraisal results, the head of the managing agency shall decide whether the project or non-project documents are approved;

e) The appraisal time limit for the project or non-project document shall not exceed 20 days of receipt of completed and valid dossiers;

g) Where a project/non-project is funded by an ODA grant worth USD 200,000 or less, the head of the managing agency may approve the project or non-project document without having to consult concerned agencies.

3. After the project or non-project document has been approved, the managing agency shall inform the Ministry of Planning and Investment, the Ministry of Finance and other concerned agencies, enclosing the approved project or non-project document bearing the affixed seal of the managing agency for implementation supervision and coordination.

4. Main contents of the decision on approval of technical assistance project and non-project document:

a) Name of the project or non-project;

b) Name of the donor and co-donor (if any);

c) Name of the managing agency and project owner;

d) Implementation duration and location;

dd) Objectives, activities and results;

e) Arrangements for management;

g) Implementation method;

h) Total fund and funding structure, including ODA grants (in base currency and VND equivalent) and counterpart funds (in VND);

i) Others.

5. The Ministry of Planning and Investment shall send an official notice and funding request to the foreign donor.

Article 27. Revision of the implementation policy decision and the decision on approval of technical assistance project and non-project documents

1. For the implementation policy decision:

a) The managing agency shall deliver to the Ministry of Planning and Investment the written documents informing the changes in the contents of the implementation policy decision prescribed in clause 4 of Article 25 herein, enclosing the revised project or non-project document;

b) The Ministry of Planning and Investment shall take the lead and consult concerned agencies on relevant changes, and discuss with the foreign donor on changes in the scale of ODA grant (if any), and incorporate the comments into a report submitted to the Prime Minister;

c) The Prime Minister shall consider granting the decision on the policy to implement the project or non-project assistance.

2. For the decision on approval of the project or non-project document:

a) The managing agency shall send the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies a written document to inform them about changes in the contents of the decision on approval of the project or non-project document, enclosing the updated one;

b) On the basis of the comments of the Ministry of Planning and Investment, the Ministry of Finance and concerned agencies, the head of the managing agency shall decide whether to approve these changes;

c) Where a project/non-project is funded by an ODA grant worth USD 200,000 or less, the head of the managing agency may revise the decision on approval of the project or non-project document without having to consult concerned agencies;

d) Where a change in the project or non-project document leads to disqualification of the approval competence specified in Article 23 herein, the managing agency shall follow the order and procedures for decision on the implementation policy stipulated in Article 25 herein;

dd) Regarding projects and non-project assistance specified in clause 1 of Article 23 of this Decree, the head of the managing agency shall consult the decision on revision of the implementation policy prescribed in clause 1 of this Article to decide to approve the changes to the project or non-project document without having to consult concerned agencies.