Laws of Vietnam

I. PROCEDURES FOR ELABORATION, EVALUATION AND RATIFICATION OF PROGRAMS AND/OR PROJECTS (HEREAFTER REFERRED TO AS PROJECTS)

The elaboration, evaluation and ratification of projects are stipulated in Article 8 of the Decree. The steps are specified as follows:

1. The Vietnamese agency or organization that manages a project (hereafter referred to as the project management agency) shall prepare the project’s outline and send it together with a written proposal thereon to the Government Commission for Organization and Personnel.

2. The Government Commission for Organization and Personnel shall consider and transfer the dossier to the Ministry of Planning and Investment for the summing up and inclusion into the list of projects for which financial supports are mobilized, and submission to the Prime Minister for ratification.

3. The Government Commission for Organization and Personnel shall coordinate with the Ministry of Planning and Investment and the Ministry for Foreign Affairs in mobilizing financial supports for projects on the list already ratified by the Prime Minister.

4. The Government Commission for Organization and Personnel shall guide the project management agency in elaborating the project documents and negotiating with the foreign aid provider(s).

5. The project management agency shall send the project documents to the Government Commission for Organization and Personnel for consideration and ratification. Such documents include:

a/ The written proposal,

b/ The project draft instruments, attached with their translation into foreign language(s),

c/ The commitment of the aid provider(s), and

d/ The draft agreement and/or diplomatic note (if any).

In case of controversial contents, the Government Commission for Organization and Personnel shall notify them to the project management agency for study and amendment. If the to be- amended contents should be discussed with the aid provider(s), the project management agency shall have to discuss and reach agreement with them.

6. After completing the project documents, the project management agency shall send them to the Government Commission for Organization and Personnel, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry for Foreign Affairs, the Ministry of Justice and the Government Office for organization of official evaluation and submission to the Prime Minister for ratification according to the provisions of the Government’s Decree No.87/CP of August 5, 1997, which promulgates the Regulation on the Management and Use of Official Development Assistance (ODA).

7. After the project is ratified, the project management agency shall organize the signing of the project instrument (or agreement on the project) as authorized by the Prime Minister.

II. IMPLEMENTATION OF PROJECTS

1. Within 1 month after signing a project, the project management agency shall decide to set up the project management board which shall control the project’s operation. The project management board is headed by the project manager, who is assisted by a deputy or a executive manager and a number of program officers, interpreters and employees. The project manager shall be answerable personally to the project management agency for the implementation of the project; be subject to the guidance and inspection by the Government Commission for Organization and Personnel and the competent State agencies.

2. Within 3 months after establishment, the project management board shall have to complete the preparation of the project operation plan, plan on the use of consultants and proposal on consultant selection, and submit them to the project management agency and the Government Commission for Organization and Personnel. The Government Commission for Organization and Personnel shall, within 15 days after receiving the above-said documents, give its written comments on the project’s operation plan as well as the plan on selection of the chief consultant of the project.

III. AMENDING, SUPPLEMENTING OR EXTENDING PROJECTS

1. If deeming it necessary to amend and/or supplement the project’s implementation plan, the project management agency shall have to send a written proposal thereon to the Government Commission for Organization and Personnel, clearly stating the adjustment necessity, the to be-adjusted contents, and the aid provider’s opinions. The Government Commission for Organization and Personnel shall give its written consent for amendments and/or supplements to the project’s implementation plan to the project management agency.

2. If deeming it necessary to adjust, amend and/or supplement the contents of the project documents or the already concluded agreement, or to extend the operation duration of the project, the project management agency shall have to send a written proposal thereon, together with the project draft documents or amended agreement to the Government Commission for Organization and Personnel, the Ministry of Planning and Investment, the Ministry of Finance and the Government Office. The Government Commission for Organization and Personnel shall consider and join the Ministry of Planning and Investment as well as the concerned agencies in evaluating the project and submitting it to the Prime Minister for decision.

3. Where the project is completed and the project management agency and the aid provider wish to proceed with the next project construction stage, the construction of this project shall comply with the procedures set for the formulation of a new project.

IV. THE REPORTING REGIME FOR AND INSPECTION OF PROJECTS

1. According to the provisions of Article 7 of the Decree, at the beginning of June and December every year, the Vietnamese agencies and organizations shall have to send to the Government Commission for Organization and Personnel biannual and annual reports on the implementation of projects as well as international cooperation in the field of administrative reform.

3. The project management boards shall have to send other reports (if any) of the projects to the project management agencies, the Government Commission for Organization and Personnel as well as the concerned agencies. If such reports are in foreign languages, their translations into Vietnamese must be enclosed therewith.

4. Annually, the Government Commission for Organization and Personnel shall organize the inspection of projects’ operations. When deeming it necessary, the Government Commission for Organization and Personnel may organize the extraordinary inspection. At least two weeks before the inspection, the Government Commission for Organization and Personnel shall notify the project management agencies and the project management boards of the inspection contents, requirements and time. One month after the inspection, the Government Commission for Organization and Personnel shall notify the project management agencies and project management boards of the inspection results.

V. APPRAISAL AND HAND-OVER OF PROJECTS’ RESULTS

1. Two months before the completion of a project, the project management board and project management agency shall organize the appraisal of the project’s results; make a report thereon and send it to the Government Commission for Organization and Personnel and the concerned agencies.

2. Upon the completion of the project, the project management board shall have to make the account settlement and final account settlement, then hand over the project results to the agencies benefiting therefrom by decision of the project management agency.

VI. ORGANIZATION OF IMPLEMENTATION

1. The heads of the Vietnamese agencies and organizations defined in Article 1 of Decree No. 03/1999/ND-CP and the project management boards shall have to implement this Circular.

2. Vietnamese agencies and organizations having projects on cooperation with foreign countries in the field of administrative reform, which have been concluded prior to June 30, 1999, shall have to send to the Government Commission for Organization and Personnel: the project instruments; the official agreements on the projects as well as the project operation plans, and from now on, comply with the provisions of Decree No.03/1999/ND-CP and this Circular.

3. In the course of implementation, if any problems arise, the ministries, the ministerial-level agencies, the agencies attached to the Government, the People’s Committees of the provinces and centrally-run cities and the concerned units should report them to the Government Commission for Organization and Personnel for study and amendment.

Minister- Head of the Government Commission
for Organization and Personnel
DO QUANG TRUNG