Official development assistance (ODA)
For the field of investment with official development assistance (ODA) capital, concessional loans granted by sponsors:
- Proposals on programs and projects funded by ODA or concessional loans granted by foreign sponsors:
- a) Order and method of implementation:
– Step 1: On the basis of the city’s socio-economic development plannings, orientations and plans, the orientations to attract and use ODA and concessional loans are established or the People’s Committee of Hai Phong city gives direction or management units make Proposal on programs and projects to be used ODA capital according to priority sectors and fields to submit to Hai Phong Department of Planning and Investment to consider and synthesize and report to the City People’s Committee under Clause 3, Article 13 of DECREE No.114/2021/ND-CP ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) AND CONCESSIONAL LOANS PROVIDED BY FOREIGN DONORS.
– Step 2: On the basis of Proposal of each program and project of the management units, the Department of Planning and Investment of Hai Phong has a written consultation of related branches;
– Step 3: After receiving the opinions of the branches, Hai Phong Department of Planning and Investment summarizes and reports to the People’s Committee of Hai Phong City as a basis for the City People’s Committee to submit a document to the Ministry of Planning and Investment;
– Step 4: The Ministry of Planning and Investment shall chair, and coordinate with the Ministry of Finance and relevant agencies in selecting suitable program or project proposals according to the criteria specified in Clause 2, Article 13 of DECREE No.114/2021/ND-CP ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) AND CONCESSIONAL LOANS PROVIDED BY FOREIGN DONORS.
– Step 5: The Ministry of Planning and Investment shall notify the City People’s Committee in writing of the Prime Minister’s decision on the proposal of programs and projects permitted to be prepared for Pre-feasibility study report or Report on proposal of investment policy;
- b) Working time: Days from Monday to Friday weekly, morning from 7:30 to 12:00, afternoon from 13:30 to 17:00.
- c) Documents:
– Report of the unit in demand to use ODA or concessional loans;
– Proposal on programs and projects using ODA and concessional loans according to the form issued in Appendix II of DECREE No.114/2021/ND-CP ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) AND CONCESSIONAL LOANS PROVIDED BY FOREIGN DONORS.
– Memoranda with Sponsor (if any)
- d) Number of documents:
08 (sets) in English and Vietnamese
- dd) Time limit for settlement: Not regulated
- e) Implementing agencies:
– Competent agencies on decision according to regulations: Prime Minister
– Competent agencies or person authorized or decentralized on implementation (if any): Hai Phong City People’s Committee.
– Agencies directly executing administrative procedures: Hai Phong Department of Planning and Investment and Ministry of Planning and Investment
– Coordinating agencies (if any): Concerned ministries and branches, depending on the project’s field.
- g) Subjects in charge of administrative procedures: Project owner (Project management unit)
- h) Results of administrative procedures:
Prime Minister’s decision on the proposal of programs and projects permitted to be prepared for Pre-feasibility study report or Report on proposal of investment policy .
- i) Fees: None
- k) Name of application form, declaration form:
Form issued in Appendix II DECREE No.114/2021/ND-CP ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) AND CONCESSIONAL LOANS PROVIDED BY FOREIGN DONORS.
- l) Requirements and conditions for procedure implementation:
Meeting the conditions specified in Clause 3, Article 13 of DECREE No.114/2021/ND-CP ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) AND CONCESSIONAL LOANS PROVIDED BY FOREIGN DONORS
- m) Legal basis of administrative procedures:
DECREE No.114/2021/ND-CP ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) AND CONCESSIONAL LOANS PROVIDED BY FOREIGN DONORS.
- Certification of foreign experts implementing ODA programs and projects:
- a) Order and method of implementation:
– Step 1: Within 30 working days after the effective date of the expert contract, the project owner shall send to the management agency a written request requesting certification of experts and dossiers as prescribed in Clause 1, Article 3 of Circular 12/2010/ TTLT-BKHDT-BTC dated May 28, 2010 of the Ministry of Planning and Investment and the Ministry of Finance on detailing and guiding the implementation of the Regulation on Foreign Experts for the implementation of ODA programs and projects promulgated together with Decision No. 119/2009 / QD-TTg dated October 1, 2009 of the Prime Minister.
– Step 2: Within 15 working days after receiving a complete and valid dossier of the project owner, the management agency shall certify experts according to Form No. 1 promulgated together with Circular 12/2010/ TTLT-BKHĐT-BTC dated May 28, 2010 of the Ministry of Planning and Investment and the Ministry of Finance on detailing and guiding the implementation of the Regulation on Foreign Experts for ODA programs and projects promulgated together with Decision No. 119/2009 / QD-TTg dated October 1, 2009 of the Prime Minister (with seal) and sent 08 originals to the Project Owner.
- b) Working time: Days from Monday to Friday weekly, morning from 7:30 to 12:00, afternoon from 13:30 to 17:00.
- c) Documents:
– Official dispatch on requesting expert certification
– Expert’s Commitment of not having Vietnamese nationality.
– (Certified) Copy of passport of the expert and members of the expert family, including the visa page of Vietnam entry (if any) and the immigration seal page of the immigration authority.
– Original or (certified) copy of the following documents: (i) Decision on approving the results of bidding for consultancy services (individual or group of experts); (ii) The bidding documents approved by the competent authority (including the list of consultants).
– Written consent of the Vietnamese and foreign parties in case of any change and addition to the list of experts and consultants in the bidding documents approved by competent authorities.
– Copy of the consultancy contract with experts (individual or group of experts) signed with a contractor or a competent agency of Vietnamese party or foreign party.
– Declaration on certifying foreign experts executing ODA programs and projects in Vietnam (8 copies).
- d) Number of documents: 02 sets
- dd) Time limit for settlement: 15 days
- e) Implementing agencies:
– Managing agency: Hai Phong City People’s Committee.
– Agencies directly executing administrative procedures: Hai Phong Department of Planning and Investment
– Coordinating agencies (if any): Concerned ministries and branches
- g) Subjects in charge of administrative procedures: Project owner (Project management unit)
- h) Results of administrative procedures:
Declaration on certifying foreign experts executing ODA programs and projects in Vietnam certified by the governing body.
- i) Fees: None
- k) Name of application form, declaration form:
Form No. 1 promulgated together with Circular 12/2010/ TTLT-BKHĐT-BTC dated May 28, 2010 of the Ministry of Planning and Investment and the Ministry of Finance on detailing and guiding the implementation of the Regulation on Foreign Experts for ODA programs and projects promulgated together with Decision No. 119/2009 / QD-TTg dated October 1, 2009 of the Prime Minister.
- l) Requirements and conditions for procedure implementation:
Meeting the conditions specified in Clause 1, Article 3 of Circular 12/2010/ TTLT-BKHĐT-BTC dated May 28, 2010 of the Ministry of Planning and Investment and the Ministry of Finance on detailing and guiding the implementation of the Regulation on Foreign Experts for ODA programs and projects promulgated together with Decision No. 119/2009 / QD-TTg dated October 1, 2009 of the Prime Minister.
- m) Legal basis of administrative procedures:
Circular 12/2010/ TTLT-BKHĐT-BTC dated May 28, 2010 of the Ministry of Planning and Investment and the Ministry of Finance on detailing and guiding the implementation of the Regulation on Foreign Experts for ODA programs and projects promulgated together with Decision No. 119/2009 / QD-TTg dated October 1, 2009 of the Prime Minister.
Administrative procedures is under the jurisdiction of Hai Phong Department of Planning and Investment