SECTION 1. SOURCES OF FOREIGN NON-GOVERNMENTAL AID (NGO) 1. Establish, evaluate, and decide to approve aid that is a technical assistance program or project [...]
a) Procedure:
– Step 1: The aid owner prepares technical assistance program and project documents using non-refundable aid that is not part of official development support from foreign agencies, organizations and individuals.
– Step 2: The aid owner sends the Provincial People's Committee a written request for approval of the program or project.
– Step 3: The Provincial People's Committee assigns the Department of Finance to handle the application.
– Step 4: The Department of Finance sends the dossier to the Department of Finance, Provincial Police and relevant departments, branches and branches in the locality for comments. In case the content of the aid exceeds the local management authority, the Department of Finance reports to the Provincial People's Committee for comments from relevant ministries and branches.
Based on the synthesis of opinions from relevant agencies, the Department of Finance evaluates:
+ The suitability of program and project objectives with specific development goals of ministries, branches, localities, units implementing and beneficiaries of programs and projects;
+ Legal status of aid providers and aid recipients and legality according to Vietnamese law of relevant organizations and individuals; the compatibility between the aid purpose and the functions, tasks, and authority of the aid recipient;
+ Ability to receive and organize implementation of the aid owner; The possibility of reciprocal contributions from the Vietnamese side;
+ Contents on domestic financial mechanisms for aid belonging to state budget revenue; The reasonableness of the budget structure of the program or project for the main items of the program or project;
+ Commitments, prerequisites and other conditions of the participating parties;
+ Efficiency, socio-economic impact, security, social order, ability to apply program and project results into practice and sustainability of programs and projects after completion.
+ The Department of Finance has a conclusion as a basis for reporting to the Provincial People's Committee.
– Step 5: Chairman of the Provincial People's Committee reviews and approves programs and projects with the following contents: Name of program and project; name of the governing agency, program or project owner, aid provider, foreign aid co-provider; main goals and results; time and place of implementation; total capital of the program or project; domestic financial mechanism; implementation management methods.
b) How to do it:
– Directly at the headquarters of state administrative agencies.
– Through the postal system.
c) Profile components:
– Document reporting to the Provincial People's Committee on appraisal results and submission for consideration and decision to approve programs and projects
– Document requesting program or project approval;
– Document agreeing to provide aid from the aid provider.
– Program and project documents;
– Documents proving legal status (not applicable in cases where aid providers are diplomatic representative agencies, government agencies, or foreign local authorities).
+ For foreign non-governmental organizations registered in Vietnam: Copy of Registration Certificate issued by a competent Vietnamese state agency;
+ For individuals providing aid: Notarized copy of valid passport;
+ For other aid providers: Notarized copies of valid documents proving the legal status of the organization.
d) Number of documents:
– 06 sets (including 01 set of original documents).
dd) Time limit for resolution:
– The time for reviewing and submitting programs and projects to the Provincial People's Committee from the date the Department of Finance receives all valid documents is no more than 20 days.
e) Implementing agency:
– Authority with decision-making authority: Provincial People's Committee.
– Agency directly implementing administrative procedures: Department of Finance.
g) Subjects carrying out administrative procedures:
Organization.
h) Results of implementing administrative procedures:
Notification of the Provincial People's Committee's decision on programs and projects.
i) Fees:
None
k) Name of application form, declaration form:
Program and project documents according to the form in Appendix I attached to Decree No. 80/2020/ND-CP dated July 8, 2020 of the Government on management and use of non-refundable aid that is not part of official development support of foreign agencies, organizations and individuals for Vietnam (effective from September 17, 2020).
l) Requirements and conditions for performing procedures (if any):
None
m) Legal basis of administrative procedures
Decree No. 80/2020/ND-CP dated July 8, 2020 of the Government on the management and use of non-refundable aid that is not part of official development assistance from foreign agencies, organizations and individuals to Vietnam (effective from September 17, 2020).
a) Procedure:
– Step 1: The aid owner prepares investment program and project documents using non-refundable aid that is not part of official development support from foreign agencies, organizations and individuals. For aid projects with public investment content, construction investment must be built in accordance with the provisions of law on public investment management and construction investment.
– Step 2: The aid owner sends the Provincial People's Committee a written request for approval of the program or project.
– Step 3: The Provincial People's Committee assigns the Department of Finance to handle the application.
– Step 4: The Department of Finance sends the dossier to the Department of Finance, Provincial Police and relevant departments, branches and branches in the locality for comments. In case the content of the aid exceeds the local management authority, the Department of Finance reports to the Provincial People's Committee for comments from relevant ministries and branches.
Based on the synthesis of opinions from relevant agencies, the Department of Finance evaluates:
+ For aid projects with public investment content, construction investment must comply with the provisions of law on public investment management and construction investment.
+ The suitability of program and project objectives with specific development goals of ministries, branches, localities, units implementing and beneficiaries of programs and projects;
+ Legal status of aid providers and aid recipients and legality according to Vietnamese law of relevant organizations and individuals; the compatibility between the aid purpose and the functions, tasks, and authority of the aid recipient;
+ Ability to receive and organize implementation of the aid owner; The possibility of reciprocal contributions from the Vietnamese side;
+ Contents on domestic financial mechanisms for aid belonging to state budget revenue; The reasonableness of the budget structure of the program or project for the main items of the program or project;
+ Commitments, prerequisites and other conditions of the participating parties;
+ Efficiency, socio-economic impact, security, social order, ability to apply program and project results into practice and sustainability of programs and projects after completion.
+ The Department of Finance has a concluding opinion as a basis for reporting to the Managing Agency.
– Step 5: Chairman of the Provincial People's Committee reviews and approves programs and projects with the following contents: Name of program and project; name of the governing agency, program or project owner, aid provider, foreign aid co-provider; main goals and results; time and place of implementation; total capital of the program or project; domestic financial mechanism; implementation management methods.
b) How to do it:
– Directly at the headquarters of state administrative agencies.
– Through the postal system.
c) Profile components:
– Document reporting to the Provincial People's Committee on appraisal results and submission for consideration and decision to approve programs and projects
– Document requesting program or project approval;
– Document agreeing to provide aid from the aid provider.
– Program and project documents;
– Program and project documents must be developed in accordance with the provisions of law on public investment management and construction investment.
– Documents proving legal status (not applicable in cases where aid providers are diplomatic representative agencies, government agencies, or foreign local authorities).
+ For foreign non-governmental organizations registered in Vietnam: Copy of Registration Certificate issued by a competent Vietnamese state agency;
+ For individuals providing aid: Notarized copy of valid passport;
+ For other aid providers: Notarized copies of valid documents proving the legal status of the organization.
d) Number of documents:
– 06 sets (including 01 set of original documents).
dd) Time limit for resolution:
The time for reviewing and submitting programs and projects to the Provincial People's Committee from the date the Department of Finance receives all valid documents is no more than 20 days.
e) Implementing agency:
– Authority with decision-making authority: Provincial People's Committee.
– Agency directly implementing administrative procedures: Department of Finance.
g) Subjects carrying out administrative procedures:
Organization.
h) Results of implementing administrative procedures:
Notification of the Provincial People's Committee's decision on programs and projects.
i) Fees:
None
k) Name of application form, declaration form:
Program and project documents according to the form in Appendix II attached to Decree No. 80/2020/ND-CP dated July 8, 2020 of the Government on management and use of non-refundable aid that is not part of official development support of foreign agencies, organizations and individuals for Vietnam (effective from September 17, 2020).
l) Requirements and conditions for performing procedures (if any):
None
m) Legal basis of administrative procedures
– Law on Public Investment No. 39/2019/QH14;
Decree No. 80/2020/ND-CP dated July 8, 2020 of the Government on the management and use of non-refundable aid that is not part of official development assistance from foreign agencies, organizations and individuals to Vietnam (effective from September 17, 2020).
a) Procedure:
– Step 1: The aid owner prepares a non-project document using non-refundable aid that is not part of official development support from foreign agencies, organizations and individuals.
– Step 2: The aid owner sends the Provincial People's Committee a written request for approval of the program or project.
– Step 3: The Provincial People's Committee assigns the Department of Finance to handle the application.
– Step 4: The Department of Finance sends the dossier to the Department of Finance, Provincial Police and relevant departments, branches and branches in the locality for comments. In case the content of the aid exceeds the local management authority, the Department of Finance reports to the Provincial People's Committee for comments from relevant ministries and branches.
Based on the synthesis of opinions from relevant agencies, the Department of Finance evaluates:
+ The suitability of non-project reception goals with specific development goals of ministries, branches, localities, implementing units and beneficiaries;
+ Legal status of aid providers and aid recipients and legality according to Vietnamese law of relevant organizations and individuals; the compatibility between the aid purpose and the functions, tasks, and authority of the aid recipient;
+ Ability to receive and organize implementation of the aid owner; The possibility of reciprocal contributions from the Vietnamese side;
+ Contents on domestic financial mechanisms for aid belonging to state budget revenue;
+ Commitments, prerequisites and other conditions of the participating parties;
+ Efficiency, socio-economic impact, security, social order, ability to apply results into practice and sustainability and effectiveness of non-project aid after completion.
+ The Department of Finance has a concluding opinion as a basis for reporting to the Managing Agency.
– Step 5: Chairman of the Provincial People's Committee reviews and approves the non-project with the following contents: Non-project name; name of the governing agency, program or project owner, aid provider, foreign aid co-provider; main goals and results; time and place of implementation; total non-project capital; domestic financial mechanism; implementation management methods.
b) How to do it:
– Directly at the headquarters of state administrative agencies.
– Through the postal system.
c) Profile components:
– Document reporting to the Provincial People's Committee on appraisal results and submission for consideration and decision on non-project approval;
– Document requesting non-project approval;
– Document agreeing to provide aid from the aid provider.
– Non-project documents;
– Goods quality inspection certificate issued by a legal and qualified inspection organization recognized by Vietnam or the host country. The inspection certificate must state the conclusion that the quality of goods, equipment, and means of transport meets the requirements of Vietnamese standards or meets the requirements of equivalent standards accepted by Vietnam.
– For non-project aid that is used means of transport, the following additional documents are required: a notarized Vietnamese translation of the registration or vehicle ownership certificate of the aid provider; Notarized Vietnamese translation of the Certificate of Registration issued by the competent authority of the aid-providing Party's country. In case there is a vehicle temporarily imported for re-export, a registration certificate from a competent Vietnamese agency is required.
– Documents proving legal status (not applicable in cases where aid providers are diplomatic representative agencies, government agencies, or foreign local authorities).
+ For foreign non-governmental organizations registered in Vietnam: Copy of Registration Certificate issued by a competent Vietnamese state agency;
+ For individuals providing aid: Notarized copy of valid passport;
+ For other aid providers: Notarized copies of valid documents proving the legal status of the organization.
d) Number of documents:
– 06 sets (including 01 set of original documents).
dd) Time limit for resolution:
The time for reviewing and submitting to the Provincial People's Committee for non-project approval from the date the Department of Finance receives all valid documents is no more than 20 days.
e) Implementing agency:
– Authority with decision-making authority: Provincial People's Committee
– Agency directly implementing administrative procedures: Department of Finance
g) Subjects carrying out administrative procedures:
Organization.
h) Results of implementing administrative procedures:
Announcement of the Provincial People's Committee's decision on non-project reception.
i) Fees:
None
k) Name of application form, declaration form:
Non-project documents according to the form in Appendix III attached to Decree No. 80/2020/ND-CP dated July 8, 2020 of the Government on the management and use of non-refundable aid that is not part of official development support of foreign agencies, organizations and individuals for Vietnam (effective from September 17, 2020).
l) Requirements and conditions for performing procedures (if any):
None
m) Legal basis of administrative procedures
Decree No. 80/2020/ND-CP dated July 8, 2020 of the Government on the management and use of non-refundable aid that is not part of official development assistance from foreign agencies, organizations and individuals to Vietnam (effective from September 17, 2020).
a) Procedure:
– For projects and non-projects not specified in Clause 1, Article 23 of Decree 56/2020/ND-CP:
Step 1: The governing agency sends a document to the Ministry of Planning and Investment for comments, accompanied by project and non-project documents and other relevant documents (if any).
In case a project or non-project has a non-refundable ODA capital of 200,000 USD or less, the head of the managing agency approves the project or non-project documents and is not required to consult with relevant agencies.
Step 2: Within 10 days from the date of receipt of valid documents, the Ministry of Planning and Investment has written comments on the contents of project and non-project documents and related necessary issues.
Step 3: The governing agency presides over the appraisal of projects and non-projects with contents including: the suitability of the project and non-project with the specific development goals of the ministries, branches, localities, implementing units and beneficiaries; the appropriateness of the implementation method; capital and ability to balance capital, financial mechanisms; reasonableness in the budget structure for major items; commitments, prerequisites and other conditions of foreign sponsors and participating parties (if any); efficiency, ability to apply results into practice and sustainability after completion; opinions have been agreed upon or are still different between the parties.
Step 4: Based on the appraisal results, the head of the governing agency decides to approve the project and non-project documents.
The main content of the Decision approving the technical assistance project and non-project documents includes (i) Project and non-project names; (ii) Name of foreign sponsor and co-sponsor (if any); (iii) Name of governing body and project owner; (iv) Time and location of implementation; (v) Objectives, activities and results; (vi) Management organization; (vii) Total capital and capital structure include: Non-refundable ODA capital (original currency and converted into Vietnamese Dong) and counterpart capital (Vietnamese Dong) and; (viii) Other contents.
Step 5. After the project and non-project documents are approved, the managing agency notifies the Ministry of Planning and Investment with the approved project and non-project documents with the governing agency's stamp and related documents for supervision and coordination of implementation.
Step 6: The Ministry of Planning and Investment officially notifies the foreign sponsor and requests consideration of sponsorship.
– For projects and non-projects specified in Clause 1, Article 23 of Decree 56/2020/ND-CP:
The governing body does not organize appraisal. The head of the governing agency bases on the Decision on implementation policy to decide to approve project and non-project documents.
b) How to do it:
– Directly at the headquarters of state administrative agencies.
– Through the postal system.
c) Profile components:
– Document to collect opinions.
– Document submitted for approval of project and non-project documents of the project owner.
– Draft project and non-project documents.
– Written comments from relevant agencies.
– Other related documents (if any) such as: sponsor's documents consistent with project and non-project content, notice or commitment to consider sponsorship, memorandum of understanding with the sponsor, report of the appraisal expert team at the sponsor's request.
d) Number of documents:
01 set of documents (Project and non-project documents only: 08 sets).
dd) Time limit for resolution:
No more than 20 days from receipt of all valid documents.
e) Implementing agency:
– Authority with decision-making authority: Managing agency.
– Agency directly implementing administrative procedures: Managing agency.
g) Subjects carrying out administrative procedures:
Organization.
h) Results of implementing administrative procedures:
Decision to approve technical assistance and non-project project documents using non-refundable ODA capital.
i) Fees:
No.
k) Name of application form, declaration form:
Project and non-project documents are made according to the form specified in Appendix V and Appendix VI attached to Decree No. 56/2020/ND-CP dated May 25, 2020 of the Government.
l) Requirements and conditions for performing procedures (if any):
None
m) Legal basis of administrative procedures:
– Law on public investment
– Decree No. 56/2020/ND-CP dated May 25, 2020 of the Government on the management and use of official development assistance (ODA) capital and preferential loans from foreign donors.
a) Procedure:
Step 1: The governing agency sends the Ministry of Planning and Investment a written request for comments on the investment policy proposal report.
Step 2: Based on the opinions of the Ministry of Planning and Investment and other relevant agencies, the governing agency organizes the appraisal and decides on the investment policy.
Step 3: The governing agency sends the Ministry of Planning and Investment a decision to approve the investment policy of the program or project (original)
Step 4: Based on the decision approving the investment policy of the program or project of the Managing Agency of the Ministry of Planning and Investment, officially notify the foreign sponsor and request to consider sponsoring the program or project.
b) How to do it:
– Directly at the headquarters of state administrative agencies.
– Through the postal system.
c) Profile components:
– Official dispatch from the Managing Agency to the Ministry of Planning and Investment requesting comments on the investment policy proposal report.
– Report proposing investment policies.
– Other documents (if any)
d) Number of documents:
01 original set (only for Investment Policy Proposal Report: 03 sets)
dd) Time limit for resolution:
According to Government regulations.
e) Implementing agency:
– Deciding authority: Prime Minister.
– Agency directly implementing administrative procedures: Managing agency.
g) Subjects carrying out administrative procedures:
Organization.
h) Results of implementing administrative procedures:
Decide on program and project policies of the governing agency.
i) Fees:
None
k) Name of application form, declaration form (attached):
None
l) Requirements and conditions for performing procedures (if any):
None
m) Legal basis of administrative procedures:
– Law on Public Investment;
– Decree No. 56/2020/ND-CP dated May 25, 2020 of the Government on the management and use of official development assistance (ODA) capital and preferential loans from foreign donors.
a) Implementation word submission:
Step 1: Based on the investment policy decided by the competent authority, the investor prepares a project feasibility study report and submits it to the competent authority for investment decision;
Step 2: Heads of ministries, central agencies, and Chairman of the People's Committees of provinces establish an appraisal council or assign a specialized public investment management agency to organize project appraisal;
Step 3: The appraisal council or specialized public investment management agency appraises the contents specified in Clause 2, Article 44 and Clause 2, Article 45 of the Law on Public Investment;
Step 4: Based on appraisal opinions, the investor completes the project feasibility study report for competent authorities to consider and decide on investment.
b) How to do it:
– Directly at the headquarters of state administrative agencies.
– Through the postal system.
c) Profile components:
– Program and project appraisal report
– Program and project feasibility study report
– Other related documents
d) Number of documents:
According to Government regulations
dd) Time limit for resolution:
According to Government regulations
e) Implementing agency:
– Deciding authority: Prime Minister.
– Agency directly implementing administrative procedures: Managing agency.
g) Subjects carrying out administrative procedures:
Organization.
h) Results of implementing administrative procedures:
Decision to invest in programs and projects.
i) Fees:
None
k) Name of application form, declaration form (attached):
– According to Government regulations.
l) Requirements and conditions for performing procedures (if any):
None.
m) Legal basis of administrative procedures:
– Law on Public Investment;
– Decree No. 56/2020/ND-CP dated May 25, 2020 of the Government on the management and use of official development assistance (ODA) capital and preferential loans from foreign donors.
a) Procedure:
– Within 30 days from the date of signing specific international treaties, agreements on ODA capital, concessional loans, based on the Feasibility Study Report, Program and Project Documents approved by competent authorities, decide on investment in programs, projects and specific international treaties, agreements on ODA capital, concessional loans for programs and projects, the project owner coordinates with foreign sponsors to prepare or review and update the general plan. can implement programs and projects and submit them to the governing body for review and approval.
– Within 05 working days from the date of approval of the master plan for implementing the program or project, the agency in charge of the program or project shall send the Approval Decision together with the master plan for implementing the program or project to the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies and foreign sponsors to serve the monitoring, evaluation and coordination of program and project implementation.
b) How to do it:
– Directly at the headquarters of state administrative agencies.
– Through the postal system.
c) Profile components:
The overall plan for implementing a program or project is made for the entire duration of the program or project and must include all components, items, groups of activities, corresponding capital sources (ODA capital, concessional loans, counterpart funds) and the expected implementation schedule.
d) Number of documents:
01 set of documents
dd) Time limit for resolution:
Within 30 days from the date of signing specific international treaties and agreements on ODA capital and concessional loans
e) Implementing agency:
– Authority with decision-making authority: Managing agency.
– Agency directly implementing administrative procedures: Managing agency
g) Subjects carrying out administrative procedures:
Organization.
h) Results of implementing administrative procedures:
The approved master plan for program and project implementation
i) Fees:
None.
k) Name of application form, declaration form:
None
l) Requirements and conditions for performing procedures (if any):
None
m) Legal basis of administrative procedures:
– Law on Public Investment;
– Decree No. 56/2020/ND-CP dated May 25, 2020 of the Government on the management and use of official development assistance (ODA) capital and preferential loans from foreign donors.
a) Procedure:
– For programs and projects re-borrowed entirely from the state budget: Every year, at the same time as developing the socio-economic development plan and state budget estimates, the project owner prepares a plan to implement the program or project and submits it to the governing agency for approval of the ODA capital plan, concessional loan capital, and sends it to the Ministry of Planning and Investment, the Ministry of Finance and the agency authorized to re-loan to monitor and supervise the implementation situation. The governing agency and project owner are responsible for balancing adequate counterpart funds according to the implementation progress of the program or project.
– For programs and projects partially re-borrowed from the state budget: Depending on the nature of each program or project component (fully allocated or re-loaned), the project owner applies the process of preparing and submitting for approval the plan of the program or project corresponding to each component of the program or project as prescribed in Clauses 1, 2, 7, Article 42 of Decree No. 56.
b) How to do it:
– Directly at the headquarters of state administrative agencies.
– Through the postal system.
c) Profile components:
The content of the annual program and project implementation plan must have detailed information about the components (divided by technical support and construction investment components), main items and activities, capital sources, including counterpart capital and expected implementation progress.
d) Number of documents:
01 set of documents
dd) Time limit for resolution:
None
e) Implementing agency:
– Authority with decision-making authority: Managing agency.
– Agency directly implementing administrative procedures: Managing agency
g) Subjects carrying out administrative procedures:
Organization.
h) Results of implementing administrative procedures:
Approved annual program and project implementation plan
i) Fees:
None
k) Name of application form, declaration form:
None
l) Requirements and conditions for performing procedures (if any):
None
m) Legal basis of administrative procedures:
– Law on Public Investment;
– Decree No. 56/2020/ND-CP dated May 25, 2020 of the Government on the management and use of official development assistance (ODA) capital and preferential loans from foreign donors./.
a) Procedure:
– Step 1: Foreign experts provide necessary information to the Project Owner.
– Step 2: Within 30 working days from the effective date of the expert contract, the Project Owner sends the Managing Agency an official dispatch requesting confirmation of the expert along with the prescribed documents.
b) How to do it:
– Directly at the headquarters of state administrative agencies.
– Through the postal system.
c) Profile components:
– Expert's commitment not to hold Vietnamese nationality.
– Copy of passport (certified) of the expert and members of the expert's family, including the Vietnam entry visa page (if any) and the entry and exit stamp page of the immigration management agency.
– Original or certified copy of the following documents: (i) Decision approving the results of bidding for consulting services (individual or group of experts); (ii) Bidding documents approved by competent authorities (including list of consultants).
– Written approval of the Vietnamese Party and the Foreign Party in case of changes and additions compared to the list of experts and consultants in the bidding documents approved by competent authorities.
– Copy of the consulting contract signed by the expert (individual or Group of experts) with the contractor or competent authority of the Vietnamese or foreign party.
d) Number of documents:
01 set of documents.
dd) Resolution deadline:
The governing body certifies the expert according to the prescribed form within 15 working days from the date of receipt of complete and valid documents.
e) Implementing agency:
Governing agency of ODA programs and projects.
g) Subjects carrying out administrative procedures:
Is an organization (Project owners of ODA programs and projects that have foreign experts working and need to confirm the experts).
h) Results of implementing administrative procedures:
Confirmation document from the agency in charge of ODA programs and projects.
i) Fees:
None
k) Name of application form, declaration form (attached):
Declaration certifying foreign experts implementing ODA programs and projects in Vietnam in Form No. 1 issued with Joint Circular No. 12/2010/TTLT-BKHDT-BTC dated May 28, 2010 of the Ministry of Planning and Investment and the Ministry of Finance.
l) Requirements and conditions for performing procedures (if any):
None
m) Legal basis of administrative procedures:
– Decision No. 119/2009/QD-TTg dated October 1, 2009 of the Prime Minister on promulgating the Regulations on foreign experts implementing ODA programs and projects;
– Joint Circular No. 12/2010/TTLT-BKHDT-BTC dated May 28, 2010 of the Ministry of Planning and Investment and the Ministry of Finance detailing and guiding the implementation of the Regulation on Foreign Experts implementing ODA programs and projects issued together with Decision No. 119/2009/QD-TTg dated October 1, 2009 of the Prime Minister Government.
Procedures
