Chương VII Nghị định 50/2020/NĐ-CP: Điều khoản thi hành

DECREE

ON RECEIPT, MANAGEMENT AND USE OF INTERNATIONAL EMERGENCY AID FOR DISASTER RECOVERY AND RELIEF

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Natural Disaster Prevention and Control dated June 19, 2013;

At the request of the Minister of Agriculture and Rural Development;

The Government hereby promulgates a Decree on receipt, management and use of international emergency aid for disaster recovery and relief.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for receipt, management and use of international emergency aid for disaster recovery and relief in Vietnam (hereinafter collectively referred to as “aid”).

Article 2. Regulated entities

1. Aid providers being governments of other countries, international organizations, organizations authorized by governments of other countries, non-governmental organizations and other foreign organizations and individuals directly providing emergency grants for disaster recovery and relief.

2. Aid recipients being organizations established under Vietnamese law whose functions, duties and operations align with the objectives and contents of the aid received, including:

a) Ministries, ministerial-level agencies, Governmental agencies and People’s Committees of provinces and central-affiliated cities;

b) Central bodies of socio-political organizations;

c) Vietnam Red Cross Society.

3. Aid beneficiaries.

Aid beneficiaries consist of regulatory bodies, organizations, households, individuals and enterprises affected by natural disasters.

4. Other regulatory bodies, organizations and individuals involved in receipt, management and use of international emergency aid for disaster recovery and relief in Vietnam.

Article 3. Definitions

For the purposes of this Decree, the terms below shall be construed as follows:

1. “international emergency aid for relief” (hereinafter referred to as “relief aid”) means a not-for-profit grant from an aid provider that is approved and used for the relief activities prescribed in Clause 1 Article 32 of the Law on Natural Disaster Prevention and Control within 03 months after a natural disaster happens.

2. “international emergency aid for disaster recovery” (hereinafter referred to as “disaster recovery aid”) means a not-for-profit grant from an aid provider that is approved and used for the recovery activities prescribed in Clause 1 Article 30 of the Law on Natural Disaster Prevention and Control within 09 months after a natural disaster happens.

3. “supervisory authority” refers to any of the entities mentioned in Clause 2 Article 2 of this Decree.

4. “aid manager” means an organization assigned to receive and manage the aid by a supervisory authority.

5. “aid user” means a regulatory body or an organization authorized to use the aid by the competent authority.

6. "decision on receipt of emergency relief aid” (hereinafter referred to as “relief aid receipt decision”) means a written decision from the competent authority on receipt of relief aid that consists of information on the aid's name; aid provider; supervisory authority; aid manager; aid objectives; total aid value; aid distribution plan and implementing responsibilities.

7. “decision on guidelines for receipt of international emergency aid for disaster recovery” (hereinafter referred to as “guidelines decision”) refers to a written decision from the Prime Minister on guidelines for receipt of disaster recovery aid that consists of information on the aid’s name; aid provider; aid recipient; aid objectives; total aid value; and aid distribution plan.

8. “disaster recovery aid document” means a document presenting the background; necessity; objectives and main contents of the disaster recovery aid; economic, social and environmental effects; total amount and structure of the aid; aid form; conditions of the aid provider (if any) and aid management method.

9. “aid recorded as state budget revenue” means in kind or in cash aid managed and used by the Vietnamese side in compliance with regulations of laws on state budget and relevant documents.

Article 4. Rules of receipt, management and use of aid

1. Aid must be received, managed and used in a transparent, timely and efficient manner, for its intended purposes and beneficiaries and in close and consistent cooperation between relevant ministries, local governments, organizations and individuals.

2. Do not receive goods banned from import according to regulations of laws or aid posing danger to the environment, community’s health, political security, social safety and order or interest of the State and the people.

3. Aid must be received, managed and used in compliance with regulations of Vietnamese laws and commitments to aid providers.

Article 5. Funding for aid receipt

1. State budget shall cover rent for warehouses and yards for aid receipt and other relevant costs according to regulations of laws on state budget and within the allocated amount. Funding sources and responsibility for funding allocation must be stated in the aid receipt decision that is approved by the competent authority.

2. Aid recipients may make arrangements for aid not recorded as state budget revenue by themselves.

Chapter II

PROCEDURES FOR RECEIPT OF INTERNATIONAL EMERGENCY AID FOR RELIEF

Article 6. Procedures for receipt of international emergency aid for relief

Procedures for receipt of relief aid:

1. Preparation for aid receipt.

2. Approval of aid receipt.

3. Aid receipt.

Article 7. Preparation for aid receipt

1. The supervisory authority shall designate one of its affiliates as the aid manager no later than 01 working day from the time of receipt of information from the aid provider.

2. The aid manager shall cooperate with the aid provider in finalizing the main contents of the relief aid, including aid form, aid value, amount and value of each distribution, method and location for receipt and other relevant contents. 

Article 8. Approval of receipt of international emergency aid for relief

1. Competence in approval of relief aid receipt:

a) The Prime Minister has the power to approve receipt of aid concerning national defense and security and religions, aid lacking supervisory authorities and aid containing goods requiring the Prime Minister’s permission to be imported according to regulations of laws;

b) Heads of the entities mentioned in Clause 2 Article 2 of this Decree have the power to approve receipt of aid not regulated by Point a herein.

2. Procedures for approval of relief aid receipt by the Prime Minister:

a) The supervisory authority shall submit an application for approval of relief aid receipt to the Ministry of Agriculture and Rural Development; 

b) The Ministry of Agriculture and Rural Development shall take charge in gathering opinions of relevant regulatory bodies via meetings or documents or other methods and consolidating and submitting these opinions to the Prime Minister within 03 days from the date of receipt of a valid application;

c) The Prime Minister shall consider and decide approval of relief aid receipt.

3. Procedures for approval of relief aid receipt by heads of the entities mentioned in Clause 2 Article 2 of this Decree:

a) The aid manager shall submit an application for approval of relief aid receipt to its supervisory authority;

b) The supervisory authority shall take charge in gathering opinions of relevant regulatory bodies via meetings or another method;

c) The supervisory authority shall consider and decide approval of relief aid receipt;

d) The supervisory authority shall decide approval of relief aid receipt within 03 days from the date of receipt of a valid application.

4. An application for approval of relief aid receipt includes:

a) An application for relief aid receipt (containing the information provided for in Appendix I enclosed therewith);

b) A notification of or an agreement on the relief aid from the aid provider and list of aid items (sent together with their Vietnamese translation);

c) Other documents related to the aid per the law.

Article 9. Receipt of international emergency aid for relief

1. After the competent authority approves of relief aid receipt, the aid manager shall:

a) Notify the aid provider of the relief aid receipt approval;

b) Submit written notifications to be sent to relevant regulatory bodies for their cooperation in relief aid receipt to the supervisory authority for promulgation; 

c) Notify relevant local governments and regulatory bodies of the action plan on the relief aid if the aid comes in the form of expert assistance and accompanying assistance animals;

d) For in kind aid, the aid manager shall carry out inspection procedures and customs procedures to have the goods cleared through customs according to regulations of laws;

dd) For in cash aid, the aid manager shall open an aid receiving account (if no such account is available) or send information on the available aid receiving account to the aid provider to receive the aid. Aid in a foreign currency must be transferred to a foreign currency account of a licensed credit institution or sold to a licensed credit institution according to regulations of laws.

2. Pursuant to the relief aid receipt decision, the aid manager shall take charge and cooperate with relevant regulatory bodies in receiving and using the relief aid.

Chapter III

PROCEDURES FOR RECEIPT INTERNATIONAL EMERGENCY AID FOR DISASTER RECOVERY

Article 10. Procedures for receipt of international emergency aid for disaster recovery

Procedures for receipt of disaster recovery aid:

1. Preparation for aid receipt.

2. Decision on guidelines for disaster recovery aid receipt for the cases requiring the Prime Minister’s approval.

3. Approval of disaster recovery aid document.

4. Receipt, management and use of disaster recovery aid.

Article 11. Preparation for aid receipt

1. The supervisory authority shall designate one of its affiliates as the aid manager to finalize the main contents of the disaster recovery aid with the aid provider.

2. The aid manager shall cooperate with the aid provider in formulating a disaster recovery aid document using the form in Appendix II enclosed therewith.

Article 12. Decision on guidelines for disaster recovery aid receipt for the cases requiring the Prime Minister’s approval

1. The Prime Minister has the power to approve guidelines for receipt of the following types of disaster recovery aid:

a) Aid concerning national defense and security and religions;

b) Aid for procurement and provision of goods requiring the Prime Minister’s permission;

c) Aid lacking supervisory authorities.

2. Procedures for decision on guidelines for disaster recovery aid receipt for the cases requiring the Prime Minister’s approval

a) The supervisory authority shall submit an application for approval of guidelines for disaster recovery aid receipt together with the disaster recovery aid document to the Ministry of Agriculture and Rural Development for appraisal;

b) Within 03 working days from the date of receipt of the application from the supervisory authority, the Ministry of Agriculture and Rural Development shall request relevant regulatory bodies to give their opinions on the necessity and objectives of the aid, aid source, conditions of the aid provider (if any) and Vietnam’s capacity to satisfy such conditions within 05 working days from the date of receipt of the request for their opinions;

c) The Ministry of Agriculture and Rural Development shall appraise and propose the guidelines for disaster recovery aid receipt to the Prime Minister for consideration and approval or notify the applicant of the necessary amendment to the disaster recovery aid document within 05 working days from the deadline for relevant regulatory bodies to give their opinions;

d) Within 05 working days from the date of receipt of the appraisal result from the Ministry of Agriculture and Rural Development, the supervisory authority shall provide an explanation and submit the completed application to the Ministry of Agriculture and Rural Development. Within 05 working days from the date of receipt of the completed application, the Ministry of Agriculture and Rural Development shall consider and propose it to the Prime Minister;

dd) The Prime Minister shall consider and decide approval of the guidelines for disaster recovery aid receipt.

Article 13. Approval of disaster recovery aid document

1. For disaster recovery aid whose receipt guidelines must be approved by the Prime Minister, the supervisory authority shall approve the disaster recovery aid document based on the guidelines decision.

2. For disaster recovery aid not regulated by Clause 1 Article 12 of this Decree:

a) The supervisory authority shall request the Ministry of Agriculture and Rural Development, Ministry of Planning and Investment, Ministry of Finance and relevant regulatory bodies and local governments to give their opinions;

b) The opinions shall focus on suitability of the aid for the current situation of the relevant regulatory bodies and local governments; suitability of the aid distribution plan; aid source; commitments and conditions of the aid provider and other parties (if any); capacity to meet such commitments and conditions; effect and sustainability after the aid is used;

c) A request for opinions includes the proposal for approval of the disaster recovery aid document from the aid manager; notification of or agreement on contents of the aid from the aid provider; and draft disaster recovery aid document;

d) The relevant regulatory bodies and local governments shall give their opinions within 05 working days from the date of receipt of the request for their opinions from the supervisory authority;

dd) Based on the opinions of the relevant regulatory bodies and local governments, the supervisory authority shall request the aid manager to complete the disaster recovery aid document and propose the completed document to the supervisory authority for consideration and approval;

e) After the disaster recovery aid document is approved, the supervisory authority shall notify such approval to the Ministry of Agriculture and Rural Development, Ministry of Planning and Investment, Ministry of Finance and relevant regulatory bodies and local governments.

Article 14. Amendment to decision on guidelines for aid receipt and decision to approve disaster recovery aid document

1. Amendment to guideline decisions

a) The supervisory authority shall submit an application for amendment to the guidelines decision to the Ministry of Agriculture and Rural Development;

b) The Ministry of Agriculture and Rural Development shall take charge in requesting the Ministry of Finance and relevant regulatory bodies to give their opinions within 05 working days from the date of receipt of the request for their opinions;

c) The Ministry of Agriculture and Rural Development shall compile and submit the opinions to the Prime Minister for consideration and decision on amendment to the guidelines decision.

2. Amendment to disaster recovery aid documents

a) For disaster recovery aid regulated by Clause 1 Article 12, the supervisory authority shall amend the disaster recovery aid document based on the decision on amendment to the guidelines decision from the Prime Minister;

b) For disaster recovery aid not regulated by Clause 1 Article 12:

If there is any change to the objectives or size of the aid or change of the aid user, within 05 working days, the supervisory authority shall gather opinions on the change from the Ministry of Agriculture and Rural Development and relevant regulatory bodies. These opinions shall provide the basis for the supervisory authority to decided amendment to the disaster recovery aid document.

If there is a change besides those abovementioned, the supervisory authority shall consider and decide amendment to the disaster recovery aid document.

Article 15. Receipt, management and use of aid

The aid manager shall receive, manage and use the aid according to the disaster recovery aid document that has been approved by the supervisory authority and regulations.

Chapter IV

MANAGEMENT OF INTERNATIONAL EMERGENCY AID FOR DISASTER RECOVERY AND RELIEF

Article 16. Financial management rules for international emergency aid for disaster recovery and relief

1. Aid recorded as state budget revenue and expenditure shall be managed according to regulations of laws on state budget management.

2. Aid not recorded as state budget revenue shall be managed and used by the aid recipient in accordance with the aid agreement between the aid recipient and the aid provider, Vietnamese law, organizational and operational charter of the aid recipient and regulations of laws on accounting.

Article 17. Opening aid receiving accounts

1. The aid recipient may open an account with the State Treasury of the locality where the transaction is carried out to receive and use in cash aid directly managed and used by the aid recipient according to the aid agreement or for management purpose.

2. Aid receiving accounts shall be opened, managed and used in compliance with regulations of State Treasury.

3. Recipients of aid not recorded as state budget revenue may open aid receiving accounts with Vietnam’s commercial banks.

Article 18. Formulation of financial plans for aid recorded as state budget revenue

1. For aid constituting a part of state budget, the aid recipient shall prepare and send aid revenue and expenditure estimates to its supervisory authority for decision, to the finance authority of the same level for incorporation into state budget estimate and to the competent authority for approval on an annual basis in accordance with regulations of laws on state budget management.

2. For a new aid amount not yet incorporated into the estimate distributed by the competent authority, the aid recipient shall prepare an additional estimate according to regulations of laws on state budget or add such amount to the estimate of the following year to provide the basis for bookkeeping of state budget revenues/expenditures.

3. The recipient of the aid not recorded as state budget revenue shall prepare an estimate and submit it to the competent authority for decision.

Article 19. Management of in cash and in kind aid recorded as state budget revenue

1. For in cash aid:

a) The aid recipient shall use the aid in accordance with the aid agreement;

b) State Treasury shall control use of the aid according to regulations on state budget management;

c) The aid recipient shall submit an application to record the aid as state budget revenue and as state budget expenditure for aid purpose based on state budget entries on a monthly basis or upon each distribution.

2. For in kind aid:

a) The aid recipient shall submit an application to State Treasury to record the aid as state budget revenue and expenditure based on relevant documents and actual delivery of the goods;

b) State Treasury shall control use of the aid and recording of the aid as state budget revenue and expenditure based on relevant documents;

c) Customs dossiers and customs procedures for in kind aid are regulated by regulations of laws on customs.

Article 20. Tax policies for aid

1. Tax policies, fees and charges applicable to aid are regulated by regulations of laws on tax, fees and charges.

2. Tax exemption/refund applications and procedures applicable to aid are regulated by regulations of laws on tax administration and laws on customs.

Article 21. Bookkeeping and payment settlement

1. Bookkeeping and payment settlement for aid recorded as state budget revenue are provided for by regulations of laws on state budget management.

2. Bookkeeping and payment settlement for aid not recorded as state budget revenue are provided for by regulations of laws on accounting and the organizational and operational charter of the aid recipient.

Article 22. Aid audit

1. Aid recorded as state budget revenue is required to undergo audit according to regulations of laws on state audit.

2. Aid not recorded as state budget revenue shall be audited by independent auditors (for cases requiring independent audits) or audited at the request of the aid provider in accordance with regulations of Vietnamese laws on audit.

Chapter V

INSPECTION AND EVALUATION OF RECEIPT, MANAGEMENT AND USE OF AID AND INFORMING AND REPORTING REGIMES

Article 23. Rules of inspection and evaluation of receipt, management and use of aid

1. Receipt, management and use of aid shall be inspected and evaluated in a comprehensive, systematic and impartial manner to promptly detect and handle difficulties, problems and violations arising during such receipt, management and use.

2. An aid amount that has been approved by the competent authority must be used for the intended purposes, beneficiaries, scope and contents.

3. Information used for inspection and evaluation of receipt, management and use of aid must be adequate, up-to-date, accurate, honest and transparent.

4. Inspection and evaluation results must be publicly announced and fully retained.

Article 24. Inspection and evaluation contents

1. Processes of receipt, management and use of the aid approved by the competent authority.

2. Informing and reporting regimes.

3. Difficulties and/or problems arising during receipt, management and use of the aid.

4. Plans for handling of the difficulties and/or problems arising during receipt, management and use of the aid.

Article 25. Inspection and evaluation methods and procedure

1. Methods for inspection and evaluation of receipt, management and use of aid:

a) Via reports;

b) Via inspection and evaluation teams.

2. Inspection and evaluation shall be carried out in a periodical (before, during and after aid receipt) and ad hoc manner (when necessary).

3. Procedure for inspection and evaluation of receipt, management and use of aid:

a) Formulate and propose an inspection and evaluation plan for approval;

b) Establish an inspection and evaluation team (if any);

c) Announce the inspection and evaluation plan and request the documents necessary for the inspection;

d) Conduct the inspection and evaluation;

d) Compile and report the inspection and evaluation results;

e) Announce the inspection result and end the inspection and evaluation.

Article 26. Responsibilities for inspection and evaluation of receipt, management and use of aid

1. The supervisory authority shall take charge and cooperate with relevant regulatory bodies in inspecting and evaluating receipt and use of aid.

2. The aid user shall provide information and data necessary for the inspection and evaluation of receipt, management and use of its aid.

3. The supervisory authority shall incur inspection and evaluation costs, including remuneration for the inspectors and assessors and other relevant amounts covered by the supervisory authority.  

Article 27. Informing and reporting regimes

1. Informing regimes:

a) The aid manager shall publish information on the aid approved by the competent authority on its web portal;

b) People's Committees at all levels shall publicly announce the eligible beneficiaries and applicable assistance policies and rate via mass media or at their offices.

2. Reporting regimes:

a) The aid user shall submit a report on receipt and use of the aid to the aid manager within 05 working days from the date the aid is fully distributed and ad hoc reports at the request of the aid manager;

b) The aid manager shall report on receipt, management and use of the aid to its supervisory authority within 05 working days from the date of receipt of the report from the aid user;

c) The supervisory authority shall report on receipt of the aid to the Ministry of Agriculture and Rural Development, Ministry of Planning and Investment and Ministry of Finance within 03 working days from the date on which the decision to receive and distribute the aid is approved;

d) The Ministry of Agriculture and Rural Development shall submit consolidated reports on receipt and use of disaster recovery aid to the Prime Minister upon request.

Chapter VI

RESPONSIBILITIES OF REGULGATORY BODIES FOR RECEIPT AND USE OF INTERNATIONAL EMERGENCY AID FOR DISASTER RECOVERY AND RELIEF

Article 28. Responsibilities of supervisory authorities

Besides the responsibilities provided for in Chapters I, II, III, IV and V of this Decree, every supervisory authority shall:

1. Direct its affiliates to cooperate with competent authorities in research and contacting aid providers to mobilize aid.

2. Direct, provide guidelines for and inspect aid receipt and management, compliance with existing regulations and fulfillment of commitments to the aid provider by the aid manager.

3. Monitor and assess aid receipt and use; promptly detect and handle difficulties and violations arising during aid receipt and use intra vires or report to competent authorities for handling.

4. Promptly allocate adequate funding for aid receipt according to approved decisions.

5. Take responsibility before the Government for efficient and timely use of aid in accordance with regulations of laws.

6. Comply with regulations on reporting stated in Clause 2 Article 27 of this Decree.

Article 29. Responsibilities of aid managers

Besides the responsibilities provided for in Chapters I, II, III, IV and V of this Decree, every aid manager shall:

1. Receive, manage and use aid according to existing regulations and commitments to the aid provider. For in kind aid, the aid manager shall complete all customs clearance procedures within 48 hours from the time the goods arrive in Vietnam to promptly distribute these goods to their intended users (excluding goods requiring inspection).

2. Promptly report difficulties and violations arising during receipt and use of the aid to its supervisory authority or to competent authorities for handling.

3. Take responsibility before its supervisory authority for efficient and timely use of the aid in accordance with regulations of laws.

4. Comply with regulations on reporting stated in Clause 2 Article 27 of this Decree.

Article 30. Responsibilities of relevant regulatory bodies for aid receipt and use

1. Ministry of Agriculture and Rural Development shall:

a) Act as the entity in charge of state management of aid;

b) Propose receipt of relief aid requiring the Prime Minister’s permission to the Prime Minister for consideration and approval;

c) Propose consolidated guidelines on receipt of disaster recovery aid concerning national defense and security and religions and procurement and provision of goods requiring the Prime Minister’s permission to the Prime Minister for consideration and decision;

d) Take charge and cooperate with relevant regulatory bodies in proposing guidelines on receipt of disaster recovery aid lacking supervisory authorities to the Prime Minister for consideration and decision;

dd) Direct handling of aid containing goods requiring animal or plant inspection, veterinary drugs, vaccines, veterinary equipment and other goods under its management according to regulations of laws as soon as possible.

2. Ministry of Finance shall:

a) Assign entities in charge of providing procedural assistance and guidelines for fast customs clearance;

b) Provide guidelines on financial management for aid recorded as state budget revenue and expenditure according to regulations of this Decree intra vires;

c) Inspect financial management by aid managers and users;

d) Give opinions on aid receipt according to regulations;

dd) Carry out state financial management for aid recorded as state budget revenue.

3. Ministry of National Defense shall:

a) Cooperate with relevant regulatory bodies in appraisal and receipt of aid related to national defense;

b) Grant permission for foreign military vessels and foreign aircraft carriers to transport in kind aid to Vietnam according to regulations of laws;

c) Cooperate with competent authorities in management and control of foreigners involved in transport of in kind aid on foreign military vessels and aircraft to Vietnam.

4. Ministry of Public Security shall:

a) Cooperate in inspecting aid related to state secrets and/or security and under the management of the public security sector upon request;

b) Cooperate in inspecting and handling violations against the law concerning management and use of aid.

5. Ministry of Health shall:

a) Direct inspection of aid containing goods under its management according to regulations of laws as soon as possible;

b) Give opinions on aid receipt as regulated.

6. Ministry of Industry and Trade shall:

Resolve receipt of in kind aid containing goods under its management as prescribed by law.

7. Other ministries, ministerial-level agencies, Governmental agencies and People’s Committees of provinces or central-affiliated cities shall call for and receive aid and cooperate in receipt of aid containing goods under their respective managements as per regulations of laws.

8. Provincial People’s Committees shall:

a) Cooperate with supervisory authorities in determination of needed assistance and formulation of aid distribution plans;

b) Direct competent authorities to receive and distribute aid to the intended beneficiaries;

c) Monitor and inspect aid distribution to ensure adequate aid is promptly distributed to the intended beneficiaries in accordance with regulations of laws;

d) Comply with regulations on information provision and reporting.

Chapter VII

IMPLEMENTATION CLAUSE

Article 31. Effect

This Decree comes into force from June 15, 2020.

Article 32. Implementing responsibilities

Ministers, heads of ministerial-level agencies, heads of Governmental agencies, chairpersons of People’s Committees of provinces and central-affiliated cities and relevant regulatory bodies, organizations and individuals shall implement this Decree./.

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