Chapter X
IMPLEMENTATION PROVISIONS
Article 98. Transition provisions
1. For programs and projects funded by ODA loans and concessional loans whose portfolio of projects have been approved by the competent authorities, any amendments or supplements in the course of implementation shall follow the regulations on revising investment policy under this Decree.
2. Programs and projects whose Proposals and investment policies have been approved before the effective date of this Decree may proceed with subsequent order and procedures prescribed under this Decree.
3. Technical assistance programs/projects funded by ODA grants to prepare investment projects and technical assistance projects/non-project assistance funded by stand-alone ODA grants whose program/project documents have been approved before the effective date of this Decree may proceed with subsequent order and procedures prescribed under this Decree.
4. For technical assistance projects/non-project assistance funded by ODA grants whose implementation policies and project/non-project documents have been approved before the effective date of this Decree, if any amendments in the course of implementation does not lead to transformation into technical assistance projects or non-project assistance falling under the approving competence prescribed under clause 1 of Article 23 of this Decree, the managing agency shall proceed with the order and procedures for revising project/non-project documents prescribed under clause 2 of Article 27 of this Decree. If the amendment leads to transformation into technical assistance projects or non-project assistance falling under the approving competence prescribed under clause 1 of Article 23 of this Decree, the managing agency shall proceed with the order and procedures for approving and revising prescribed under Article 25, 26 and 27 of this Decree.
5. For specific international treaties on the signed ODA and concessional loans, these treaties shall continue to apply. In case of revision thereof, regulations laid down in this Decree shall prevail.
6. For currently ongoing umbrella projects, the managing agency of the umbrella project does not have the function of allocating and assigning fund plans to component projects.
7. Regarding revision of investment policies:
a) For umbrella programs and projects whose funding portfolios or investment policies are approved by competent authorities, amendments to investment policies shall be subject to the regulations laid down herein. Managing agencies of component projects of umbrella program or project shall send written documents, enclosing explanatory reports, relevant dossiers and documents, to the managing agency of the latter for compiling purposes, and proceed with the order and procedures for revision of investment policies in accordance with applicable regulations;
b) For projects where state enterprises are on-lent all ODA and concessional loans, if their funding portfolios or investment policies have been approved before the effective date of this Decree: Amendments to investment policies and use of surplus fund for improvement of their efficiency shall be subject to the regulations laid down in Chapter II herein according to the principles that the previous managing agency is the agency proposing revision or amendments; the level at which the authority previously decided investment policy and investment policy is the level at which the authority has the competence in deciding amendments to the investment policy or decision. In case of use of surplus fund for new projects, regulations laid down in Chapter VI hereof shall prevail.
8. As for programs/projects or non-project assistance funded by ODA grants, if they are approved before the effective date of this Decree, the financial management regime shall be subject to regulations of applicable law on financial state management for foreign grants classified as state budget revenues.
Article 99. Implementation
1. Ministers, Heads of Ministry-level agencies, Heads of Governmental bodies, Chairpersons of People’s Committees of provinces and centrally-affiliated cities, other concerned organizations and individuals shall be responsible for implementing this Decree.
2. The Ministry of Planning and Investment shall lead and cooperate with concerned agencies in taking responsibility for implementation of this Decree.
Article 100. Entry into force
1. In case where reference documents mentioned in this Decree are replaced or revised, the substitute or revised document shall prevail.
2. State enterprises using on-lent ODA and concessional loans of foreign donors shall be subject to Chapter VI herein.
3. This Decree shall take effect as from the signature date and replace the Government’s Decree No. 56/2020/ND-CP dated May 25, 2020, regarding management and use of the official development assistance (ODA) and concessional loans of foreign donors.
Tìm kiếm
Nghị định 114/2021/NĐ-CP (Bản Word)
Nghị định 114/2021/NĐ-CP (Bản Pdf)