Official Development Assistance (ODA)

For the investment sector with official development assistance (ODA) capital, concessional loans granted by sponsors:

1. Proposal for programs and projects using ODA or concessional loans granted by foreign sponsors:
2. a) Order and method of implementation:

– Step 1: On the basis of the city’s socio-economic development planning, orientations and plans, the orientation to attract and use ODA or concessional loans or the People’s Committee of Hai Phong city shall direct or Management Units make Proposal for programs and projects that need to use ODA capital by sectors and fields of priority and send them to Hai Phong Department of Planning and Investment for consideration and synthesis and report to the City People’s Committee according to regulations in Decree No. 16/2016/ND-CP dated March 16, 2016 of the Government on the management and use of official development assistance (ODA) and concessional loans granted by foreign sponsors.

– Step 2: On the basis of the Proposals of each program and project of the Management units, the Department of Planning and Investment of Hai Phong shall issue consultation documents to relevant branches;

– Step 3: After receiving comments from various branches, Hai Phong Department of Planning and Investment shall consolidate and report 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 assume the prime responsibility for, and coordinate with the Ministry of Finance and concerned agencies in, selecting the suitable program/project proposal according to the criteria specified in Clause 2, Article 13 of Decree No. 16/2016/ND-CP dated March 16, 2016 of the Government on the management and use of official development assistance (ODA) and concessional loans granted by foreign sponsors, submitting to the Prime Minister for consideration, decision;

– Step 5: The Ministry of Planning and Investment notifies in writing the People’s Committee of the city the Prime Minister’s decision on the program/project proposal to be allowed to prepare a Pre-feasibility study report or a Report on investment intentions proposal;

1. b) Working hour: From Monday to Friday, morning from 7:30 to 12:00, afternoon from 13:30 to 17:00.
2. c) Composition of records:

– Statement of the Unit in need of using ODA or concessional loan;

– Proposal for programs and projects using ODA and concessional loans according to the form issued in Appendix II of the Government’s Decree No. 16/2016/ND-CP dated March 16, 2016 on the management and use of using official development assistance (ODA) and concessional loans granted by foreign sponsors.

– Notes with Sponsor (if any)

1. d) Number of records:

08 (sets) in English and Vietnamese

1. dd) Time limit for settlement: no specified
2. e) Implementing agency:

– Competent authorities decide according to regulations: Prime Minister

– Authorized or decentralized authority or person to perform (if any): Hai Phong City People’s Committee.

– Agencies directly implementing administrative procedures: Hai Phong Department of Planning and Investment and Ministry of Planning and Investment

– Coordinating agency (if any): relevant ministries and branches, depending on the Project’s field.

1. g) Subjects of administrative procedures: Project Owner (Project Management Board)
2. h) Results of administrative procedures:

The Prime Minister’s decision on the program/project proposal to be allowed to prepare a Pre-feasibility study report or a Report on investment intentions proposal.

1. i) Fees: No
2. k) Name of the application form, declaration form:

The form issued in Appendix II of the Government’s Decree No. 16/2016/ND-CP dated March 16, 2016 on the management and use of using official development assistance (ODA) and concessional loans granted by foreign sponsors

1. l) Requirements and conditions for the procedure:

Meeting the conditions specified in Clause 3, Article 13 of the Government’s Decree No. 16/2016/ND-CP dated March 16, 2016 on the management and use of using official development assistance (ODA) and concessional loans granted by foreign sponsors

1. m) Legal basis of the administrative procedure:

The Government’s Decree No. 16/2016/ND-CP dated March 16, 2016 on the management and use of using official development assistance (ODA) and concessional loans granted by foreign sponsors.

2. Certification of foreign experts implementing ODA programs and projects:
3. a) Order and method of implementation:

– Step 1: Within 30 working days from the effective date of the expert contract, the Project Owner shall send the Governing body a request for expert certification and the dossier as prescribed in Clause 1, Article 3 of Circular 12/2010/2010/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 the ODA programs and projects issued 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 Project Owner’s dossier, the Governing body shall certify the expert using Form No. 1 issued together with Circular 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 (with stamp on adjoining edges of pages) and send 08 originals to the Project Owner.

1. b) Working hour: From Monday to Friday, morning from 7:30 to 12:00, afternoon from 13:30 to 17:00.
2. c) Composition of records:

– Written request for expert certification

– Commitment of not holding Vietnamese nationality of experts.

– Copy of (authenticated) passport of the experts and their family members, including the Vietnam visa page (if any) and the immigration stamp page of the immigration authority.

– Originals or copies (authenticated) of the following documents: (i) Decision approving bidding results of 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 any change or addition compared to the list of experts and consultants in the bidding documents approved by competent authorities.

– A copy of the consulting contract of the expert (individual or group of experts) signed with the contractor, the competent authority of the Vietnamese party or the Foreign party.

          – Certification of foreign experts implementing ODA programs and projects in Vietnam (8 copies).

1. d) Number of records: 02 sets
2. dd) Time limit for settlement: 15 days
3. e) Implementing agency:

– Governing body: Hai Phong City People’s Committee.

– Agencies directly implementing administrative procedures: Hai Phong Department of Planning and Investment

– Coordinating agency (if any): relevant Ministries and branches

1. g) Subjects of administrative procedures: Project Owner (Project Management Board)
2. h) Results of administrative procedures:

Certification of foreign experts implementing ODA programs and projects in Vietnam, certified by the governing body.

1. i) Fees: No
2. k) Name of the application form, declaration form:

Form No. 1 issued together with Circular 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.

1. l) Requirements and conditions for the procedure:

Satisfying the conditions specified in Clause 1, Article 3 of Circular 12/2010/2010/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 the ODA programs and projects issued together with Decision No. 119/2009/QD-TTg dated October 1, 2009 of the Prime Minister.

1. m) Legal basis of the administrative procedure:

Circular 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.

Administrative procedures fall under the jurisdiction of the Department of Planning and Investment of Hai Phong