| THE MINISTRY OF FOREIGN AFFAIRS | SOCIALIST REPUBLIC OF VIET NAM Independence – Freedom - Happiness |
| No. 01/2008/TT-BNG | Hanoi, February 4, 2008 |
CIRCULAR
GUIDING THE ORDER AND PROCEDURES FOR CONCLUSION AND IMPLEMENTATION OF INTERNATIONAL AGREEMENTS ON OFFICIAL DEVELOPMENT ASSISTANCE
Pursuant to the June 14, 2005 Law on Conclusion, Accession to and Implementation of Treaties;
Pursuant to the Government s Decree No. 131/2006/ND-CP of November 9, 2006, promulgating the Regulation on Management and Use of Official Development Assistance (ODA );
Pursuant to the Governments Decree No. 21/2003/ND-CP of March 10, 2003. on thefunctions, tasks and organizational structure of the Ministry of Foreign Affairs;
In implementation of the Prime Ministers direction in Document No. 1908/TTg-QHQT of November 20, 2006, assigning the Ministry of Foreign Affairs to promulgate a legal document guiding the order and procedures for conclusion and implementation of international agreements on ODA;
The Ministry of Foreign Affairs guides the order and procedures for conclusion and implementation of international agreements on ODA as follows:
Part I
GENERAL PROVISIONS
1.- Scope of regulation and subjects of application
1.1. This Circular provides detailed guidance on the order and procedures for conclusion and implementation of framework international agreements and specific international agreements on ODA (below collectively referred to as international agreements on ODA), which are specified in Clause 14 of Article 4. Articles 9, 20, 21 and 22, and at Point a. Clause 1 of Article 31, of the Regulation on Management and Use of ODA (below referred to as the Regulation), promulgated together with the Governments Decree No. 131/2006/ND-CP of November 9, 2006.
1.2. This Circular applies to the conclusion and implementation of international agreements on ODA by ministries, ministerial-level agencies, government-attached agencies and other agencies which have ODA programs or projects defined in Clause 15, Article 4 of the Regulation.
2. The Governments responsibility for conclusion and implementation of specific international agreements on ODA in case managing agencies are other than proposing agencies which submit to the Government the conclusion of the agreements
2.1. Cases in which the managing agency of an ODA program or project (collectively referred to as the managing agency) is other than the proposing and submitting agency defined in Article 21 of the Regulation
a/ If a specific international agreement on ODA loans or non-refundable ODA loans is concluded with the World Bank (WB), the International Monetary Fund (IMF) or the Asian Development Bank (ADB) for the ODA program or project of which the managing agency is other than the State Bank of Vietnam, the State Bank of Vietnam shall submit to the Government the conclusion and implementation of that international agreement:
b/ If a specific international agreement on ODA loans is concluded with a donor other than the WB. the IMF or the ADB for the ODA program or project of which the managing agency is other than the Finance Ministry, the Finance Ministry shall submit to the Government the conclusion and implementation of that international agreement;
c/ If a specific international agreement on non-refundable ODA is concluded with a donor other than the WB. the IMF or the ADB for an ODA program or project of which the managing agency is an agency belonging to or assisting the National Assembly, is the State Audit, a provincial/municipal Peoples Committee or the central body of a socio-political organization, a political-social-professional organization or a professional organization, the Ministry of Planning and Investment shall propose and submit to the Government the conclusion and implementation of that international agreement;
d/ If a specific international agreement on non-refundable ODA mentioned at Point c of this Section is concluded together with another one on ODA loans with the same donor, for the same ODA program or project, the Finance Ministry shall propose and submit to the Government the conclusion and implementation of that international agreement.
2 2. The managing agenc; refined in Section 2.1 of this Pan shall:
a/ Draft a specific international agreement on ODA. translate it into Vietnamese and send into the proposing agency: coordinate with the proposing agency in comparing the original text of the international agreement with its Vietnamese version;
b/ Provide the proposing agency with necessary information for submission of the negotiation, signing, ratification, approval, interpretation, amendment, supplementation, extension, suspension or termination of a specific international agreement on ODA to the Government;
c/ Join in, or assume the prime responsibility for, the negotiation and organization of the signing ceremony of a specific international agreement on ODA according to the authorization decision of the Prime Minister;
d/ Elaborate a plan for implementation of a specific international agreement on ODA to be sent to the proposing agency for submission to the Government for approval in cases defined in Section 1.1, Part III of this Circular;
dd/ When the managing agency receives the donors notice of ratification, approval, effective date, interpretation, amendment supplementation, extension, suspension or termination of a specific international agreement on ODA, or the completion of ODA programs or projects under the international agreement, it shall send that notice to the proposing agency and the Ministry of Foreign Affairs;
e/ Send to the proposing agency and the Ministry of Foreign Affairs annual reports on the implementation of a specific international agreement on ODA.
Part II
ORDER AND PROCEDURES FOR CONCLUSION OF INTERNATIONAL AGREEMENTS ON ODA
1. Drafting international agreements on ODA
1.1. Before submitting to the Government the negotiation and signing of an international agreement on ODA prescribed in Article 9 or 22 of the Regulation, the proposing agency shall draft that international agreement: if the managing agency is other than the proposing agency, it shall draft and send the agreement to the proposing agency.
1.2. In case the proposing agency submits to the Government for approval a draft international agreement on ODA with the same donor in order to have a basis for negotiation of international agreements on ODA with similar contents:
a/ The draft international agreement on ODA submitted to the Government includes principal contents of Vietnams and the donors commitments and options for every specific issue i if any), and has been drafted after the draft model (if any) of international agreement on ODA provided by the donor, and the earlier concluded international agreements on ODA:
b/ The order, procedures for submitting and dossiers to be submitted to the Government for approval a draft international agreement on ODA with the same donor in order to have a basis for negotiation of international agreements on ODA with similar contents comply with the provisions of Point a. Section 4.2 and Section 4.3 of this Part.
The proposing agency may simultaneously submit to the Government the negotiation and signing of the international agreement on ODA and propose the latter to approve the draft of that agreement, which serves as a basis for negotiation of international agreements on ODA with similar contents.
c/ The draft international agreement on ODA approved by the Government serves as a basis for formulation of every international agreement on ODA with similar contents to be negotiated with donors.
2. Translation, revision, comparison of the original text of an international agreement on ODA with its Vietnamese version
2.1. In case an international agreement on ODA is signed in a foreign language only, the proposing agency shall translate that agreement into Vietnamese according to Article 16 of the Law on Conclusion. Accession to and Implementation of Treaties (below referred to as the Law); if the managing agency is other than the proposing agency, it shall translate the international agreement into Vietnamese and send the translation to the proposing agency.
2.2. The proposing agency shall revise and compare the original Vietnamese text or the Vietnamese version with the foreign language version of the international agreement on ODA in order to ensure its contents accuracy and formats consistency.
2.3. Opinions of the Ministry of Foreign Affairs regarding the revision and comparison of different versions of an international agreement on ODA (prescribed in .Article 16 of the Law) are part of the Ministrys examination opinions i prescribed in Article 10 of the Law), which are given after it receives the proposing agencys written recuest (prescribed in Article 12 of the Law), enclosed vrith the draft agreement in both Vietnamese and a foreign language, or the agreements Vietnamese translation in case it is signed in a foreign language only.
3. Authorization of the negotiation and signing of international agreements on ODA
3.1. Authorization of the negotiation and signing of international agreements on ODA on a case-by-case basis
a/ The proposing agencys proposal on an authorized representative(s) to negotiate and sign an international agreement on ODA is stated in its exposition to the Government on the negotiation and signing of that international agreement;
b/ Persons authorized by the Government to negotiate and sign international agreements on ODA on a case-by-case basis at the proposal of the proposing agency defined in Clause 5, Article 23 of the Law may be:
- Ministerial-level leaders or other representatives of proposing agencies; or.
- Heads of managing agencies (in case managing agencies are other than proposing agencies); or,
- Heads of foreign-based representative missions of the Socialist Republic of Vietnam, in case international agreements are negotiated and signed in foreign countries; or,
- Leaders of other ministries or branches.
3.2. Authorization of the negotiation and signing of international agreements on ODA with the same donors
a/ If the proposing agency submits to the Government the authorization of one or several representatives of the proposing agency to negotiate and sign an international agreement on ODA with the same donor, the order and procedures therefor comply with Articles 10, 12, 14 and 15 and Anicles 17 thru 21 of the Law;
b/ The text of the international agreement on ODA in the dossier to be submitted to the Government is the duplicate of such an agreement already signed earlier with the donor and options for every specific issue (if any), which serve as a basis for negotiation with that donor;
c/ The person(s) authorized by the Government to negotiate and sign international agreements on ODA with the same donor(s) is one or some ministerial-level leader(s) or other representative(s) of the proposing agency.
d/ Based on the Governments decision on authorization of the negotiation of international agreements on ODA with the same donors, representatives of the proposing agency shall assume the prime responsibility for organizing negotiations with the donors on each international agreement on ODA.
An international agreement on ODA may be signed after it satisfies the conditions specified at Points a and c of Section 6.1, and Section 6.2 of this Part
3.3. External procedures for the grant of authorization papers
a/ The Ministry of Foreign Affairs shall complete external procedures for the grant of authorization papers for the negotiation and signing of one or more than one international agreement on ODA with the same donor;
b/ An authorization paper is valid for five (5) working days at most from the date of receipt of the Governments authorization decision or the date of receipt of the proposing agencys written notice on the supply of information on the names and positions of the authorized persons, the Vietnamese and foreign titles of the international agreement on ODA (in case such information is not staled in the Governments authorization as stipulated in Clause 3. Article 24 of the Law).
3.4. In case of replacement of a person authorized by the Government to negotiate and sign an international agreement on ODA or to sign some international agreements on ODA with the same donor, the proposing agency shall promptly submit such replacement to the Government for decision according to Clause 4, Article 24 of the Law; the Ministry of Foreign Affairs shall complete external procedures for the grant of authorization papers according to Section 3.3 of this Part.
