DECREE No.114/2021/ND-CP ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) AND CONCESSIONAL LOANS PROVIDED BY FOREIGN DONORS

DECREE No.114/2021/ND-CP ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) AND CONCESSIONAL LOANS PROVIDED BY FOREIGN DONORS

GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 114/2021/ND-CP Hanoi, December 16, 2021

DECREE

ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) AND CONCESSIONAL LOANS PROVIDED BY FOREIGN DONORS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on Amending and Supplementing certain Articles of the Law on Government Organization and the Law on Local Government Organization dated November 22, 2019;

Pursuant to the Law on State Budget dated June 25, 2015;

Pursuant to the Law on Bidding dated November 26, 2013;

Pursuant to the Law on Construction dated June 18, 2014; the Law on Amendments and Supplements to several the Law on Construction dated June 17, 2020; 

Pursuant to the Law on Management and Use of State Capital Invested in Production and Business Activities of Enterprises dated November 26, 2014;

Pursuant to the Law on Treaties dated April 9, 2016;

Pursuant to the Law on Management of Public Debts dated November 23, 2017;

Pursuant to the Law on Public Investment dated June 13, 2019;

Pursuant to the Law on Investment dated June 17, 2020;

Pursuant to the Law on Enterprises dated June 17, 2020;

Pursuant to the Law on Public – Private Partnership Investment dated June 18, 2020;

Pursuant to the Law on Environmental Protection dated November 17, 2020;

Upon the request of the Minister of Planning and Investment;

The Government herein issues the Decree on management and use of official development assistance (ODA) and concessional loans provided by foreign donors.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree provides for the management and use of official development assistance (ODA) and concessional loans provided by foreign governments, international organizations, inter-government or international organizations, governmental organizations authorized by foreign governments (hereinafter referred to as foreign donors) to the State or the Government of Socialist Republic of Vietnam.

Article 2. Subjects of application  

This Decree applies to agencies, organizations and individuals that participate in or are related to the management and use of ODA and concessional loans granted by foreign donors, and counterpart fund on the Vietnam’s side.

Article 3. Definitions

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

  1. Steering Committee for programs or projects funded by ODA and concessional loans (hereinafter referred to as Steering Committee) means an organization established by the managing agency of a program/project funded by ODA or concessional loans (hereinafter referred to as “program/project”) in which an authorized representative of the relevant agency participates to take control of, cooperating in, and supervising the execution of the program/project. In some cases where necessary, under an agreement with the foreign donor, the Steering Committee may include the foreign donor’s representatives.
  2. Management Unit of foreign aid program or project funded by ODA and concessional loans (hereinafter referred to as Project Management Unit) means an organization established to help the managing agency or the project owner in managing the execution of one or some programs/projects.
  3. Program means a series of activities and projects funded by ODA or concessional loans that are interrelated and might be related to one or some different sectors, industries, territories or subjects with an aim of achieving one or some targets, and is executed in one or several phases.
  4. Program associated with a policy framework means a program that is subject to conditions for disbursement of ODA or concessional loans of foreign donors associated with the commitment of Vietnam’s government to building and implementing policies, regulations, solutions for socio-economic development in accordance with the scale and schedule agreed upon among the parties.
  5. Regional and global program/project (hereinafter referred to as regional program/project) means a program/project that is sponsored on a global scale or for which aid are received by a group of nations in the same region or different regions to engage in cooperation in achieving certain targets for the benefits of participating parties and in the common interests of the whole region or world. Vietnam’s participation in such a program/project can exist in either form as follow:
  6. a) Participation in one or some activities readily designed by the foreign donor that are embraced in the regional program/project;
  7. b) Execution of operations for which aid is provided for Vietnam in order to develop and execute the program/project within the framework of the regional program/project.

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