| THE MINISTRY OF PLANNING AND INVESTMENT ------ | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------- |
| No: 04/2001/TT-BKH | Hanoi, June 05, 2001 |
CIRCULAR
GUIDING THE IMPLEMENTATION OF THE PRIME MINISTER’SDECISION No. 64/2001/QD-TTg OF APRIL 26, 2001 ISSUING THE REGULATION ON THEMANAGEMENT AND USE OF FOREIGN NON-GOVERNMENTAL AIDS
Pursuant to the Governments Decree No. 75/CP ofNovember 1, 1995 on the functions, tasks, powers and organizational structureof the Ministry of Planning and Investment;
Pursuant to the Prime Ministers Decision No.64/2001/QD-TTg of April 26, 2001 issuing the Regulation on the management anduse of foreign non-governmental (NGO) aids, hereinafter referred to as NGO AidRegulation;
The Ministry of Planning and Investment herebyguides the implementation of the Prime Ministers Decision No. 64/2001/QD-TTg ofApril 26, 2001 issuing the NGO Aid Regulation for programs and projects asfollows:
I. GENERAL PROVISIONS
1.1. Term interpretation
In the NGO Aid Regulation and in this Circular, a number of terms belowshall be construed as follows:
a/ The "aid-providing party" means subjects providing NGOaids, including:
- Foreign non-governmental organizations.
- Foreign consortiums and companies.
- Foreign universities, research institutes, centers, funds or agencies.
- Associations and friendship societies set up overseas, including thecommunity of overseas Vietnamese.
- Individuals being foreigners, including overseas Vietnamese.
b/ The "Vietnamese party" includes the following agencies andorganizations:
- The agencies attached to the Partys Central Committee.
- The State agencies (the National Assembly’s Office, the Supreme People’sProcuracy, the Supreme People’s Court...).
- The ministries, the ministerial-level agencies, the agencies attachedto the Government.
- The People’s Committees of the provinces and centrally-run cities.
- The political organizations under the Vietnam Fatherland Front.
- The mass organizations, including:
+ The socio-professional organizations.
+ The societies and associations (including their affiliates) operatingnationwide and set up by decisions of the competent authorities.
+ The societies and associations (including their affiliates) operatingin provinces or centrally-run cities and set up by decisions of the presidentsof the People’s Committees of provinces or centrally-run cities.
c/ The "managing agencies" mean the agencies mentioned at Itemb above.
d/ The "program owners" or "project owners"(hereafter referred to as project owners for short) mean organizations assignedto directly manage and use capital sources of the aid-providing party for theimplementation of aid programs or projects according to the approved contents.
II. PREPARATION OF CONTENTS, EVALUATION, RATIFICATION AND SIGNING OFPROGRAMS AND PROJECTS
2.1. Requirements for elaboration of NGO aid program/project documents
a/ All NGO aid programs and projects must have their own drafts for aidmobilization with major contents prescribed in Appendix I to this Circular (notprinted herein).
The drafts of programs/projects shall be used by the managing agenciesto coordinate with the aid-providing party in elaborating the program/projectdocuments.
b/ After the aid-providing party issues a written notice on itscommitment to provide or commitment to consider the provision of aid for aprogram or project, the managing agency shall coordinate with the aid-providingparty in finalizing and reaching agreement on the program/project dossier forevaluation and ratification.
2.2. Evaluation and ratification of programs and projects:
a/ The documents of NGO aid-funded programs and projects mentioned inClause 1, Items a, b and e; Clause 2, Item a, of Article 6 of the NGO AidRegulation must be evaluated and ratified by competent authorities for signingand implementation.
b/ For programs and projects falling under the ratifying competence ofthe Prime Minister as prescribed in Clause 1, Items a, b and e of Article 6 ofthe NGO Aid Regulation, the Ministry of Planning and Investment shall assumethe prime responsibility for evaluation.
c/ For programs and projects falling under the ratifying competence ofthe heads of managing agencies of the Vietnamese party as prescribed in Clause2, Item a of Article 6 of the NGO Aid Regulation, the bodies assuming the primeresponsibility for evaluation shall be decided by the managing agencies.
d/ In the course of evaluation, the unanimous or divergent opinions ofconcerned parties must be reflected in the evaluation report by the bodyassuming the prime responsibility for evaluation.
e/ The concerned agencies participating in evaluation shall be heldresponsible before law for the contents of their opinions on NGO aid programsor projects.
f/ The body assuming the prime responsibility for evaluation shall sumup opinions of the concerned agencies (in writing with its head’s signature)and make the evaluation report. The evaluation report must clarify thefollowing contents:
- The conformity of the program/project with the Government’s priority;
- The program/project’s feasibility regarding: i/ the management andimplementation capability; ii/ the mechanism for coordination in theimplementation process; iii/ the Vietnamese party’s capability to makecontribution, especially the reciprocal capital source;
- The rationality of the program/project’s budget structure for: i/domestic and overseas specialists; ii/ domestic and overseas training; iii/equipment, facilities and supplies; iv/ management expenses and other expenses;
- The aid-providing party’s commitments, prerequisites and other conditions(if any) for the provision of aids; as well as the Vietnamese party’scommitments to implement the program/project;
- The efficiency and sustainability of the program/project after itscompletion;
g/ A valid dossier for evaluation of NGO aid program/project includes:
- The project owner’s written request for evaluation.
- The managing agency head’s written request for document requestingevaluation and ratification of the program/project (applicable to programs andprojects falling under the ratifying competence of the Prime Minister).
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