| THE MINISTER OF HEALTH | SOCIALIST REPUBLIC OF VIET NAM |
| No. 11/2008/QD-BYT | Hanoi, February 26, 2008 |
DECISION
PROMULGATING THE REGULATION ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) OF THE HEALTH MINISTRY
THE MINISTER OF HEALTH
Pursuant to the Governments Decree No. 188/ 2007/ND-CP of December 27, defining the functions, tasks, powers and organizational st met ii re of the Health Ministry;
Pursuant to the Governments 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 Planning and Investment Ministrys Circular No. 03/2007/TT-BKH of March 12, 2007, guiding the functions, tasks and organizational structure of ODA program and project management units;
Pursuant to the Planning and Investment Ministrys Circular No. 04/2007/TT/BKH of July 30, 2007, guiding the implementation of the Regulation on management and use of official development assistance (promulgated together with the Governments Decree No. 131/2006/ND-CP of November 9, 2006);
Pursuant to the Planning and Investment Ministrys Decision No. 803/2007/QD-BKH of July 30, 2007, promulgating the regulations on reporting on implementation of ODA programs and projects;
At the proposal of the director of the Planning and Finance Department of the Health Ministiy
DECIDES:
Article 1. To promulgate together with this Decision the Regulation on management and use of ODA of the Health Ministry.
Article 2. This Decision takes effect 15 days after its publication in CONG BAO and replaces the Health Ministers Decision No. 2790/2002/ QD-BYT of July 25, 2002, promulgating the Regula:ion on management and use of ODA of the Health Ministry.
Article 3. General directors of general departments, the director of the Office, the chief inspector, and directors of departments, of the Health Ministry: heads of units attached to the Health Ministry; heads of concerned units, and directors of ODA-funded programs and projects shall implement this Decision.
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| MINISTER OF HEALTH |
REGULATION
ON MANAGEMENT AND USE OF ODA OFTHE HEALTH MINISTRY
(Proinulgaied together with the Health Ministers Decision No. 11/2008/QD-BYT of February 26, 2008)
Chapter 1
GENERAL PROVISIONS
Article 1. Governing scope
1. This Regulation governs all activities related to the mobilization, management and use of official development assistance of the Health Ministry.
ODA in this Regulation is understood as development cooperation between the State or the Government of the Socialist Republic of Vietnam and donors being foreign governments, bilateral financing organizations and inter-state or inter-governmental organizations.
2. Forms of ODA provision include:
a/ Provision of non-refundable ODA, which means the provision of ODA not refundable to the donor:
b/ Provision of concessional ODA loans (or concessional credit), which means the provision of loans under concessional conditions on interest rates, grace periods and repayment durations with a non-refundable element (also referred to as assistance element) accounting for at least 35% of the value of binding loans or for at least 25% of the value of non-binding loans:
c/ Provision of mixed ODA loans, which means the provision of non-refundable loans or concessional loans together with commercial credits with the non-refundable element accounting for at least 35% of the value of binding loans or for at least 25% of the value of non-binding loans.
3. Basic modes of ODA provision include:
a/ Support for projects:
b/ Support for branches;
c/ Support for programs:
d/ Support for budget.
4. Domestic financial mechanisms applicable to the use of ODA:
a/ Allocation from the state budget;
b/ Re-lending from the state budget;
c/ Partial allocation and partial re-lending from the state budget.
Article 2. Objects of application
1. This Regulation applies to all ODA programs and projects and other ODA packages (below collectively referred to as programs and projects) which are mobilized, received, managed and used by departments, general departments, the Office or the Inspectorate of die Health Ministry.
2. With regard to health-related ODA of other agencies, ministries or branches, in order to ensure the state management of health and upon request, the Health Ministry assigns the Planning and Finance Department to act as the major agency in receiving dossiers of ODA programs, projects or other ODA packages, and coordinating with concerned agencies in giving appraisal comments.
Article 3. Basic principles in management and use of ODA of the Health Ministry
1. The Health Ministrys ODA constitutes an important capital source of the suite budget, which must be managed and used on the principles mentioned in Article 2 of the Regulation on ODA management and use, promulgated together with the Governments Decree No. 131 /2006/ND-CP of November 9, 2006.
2. The attraction of ODA must go hand in hand with the raising of its use efficiency, suit the demand and the receiving and using capacity of the Health Ministry and its units, and ensure foreign debt payment capability.
3. The management and use of ODA of the Health Ministry must comply with the provisions of Vietnamese law and international agreements on ODA to which Vietnam is a contracting party. If an international agreement on ODA to which Vietnam is a contracting party has provisions different from those of Vietnamese law, that international agreement prevails.
Article 4. Competence to approve ODA programs and projects
1. General principle: The competence to approve ODA programs and projects is prescribed in Article 19 of the Regulation on management and use of ODA promulgated together with the Governments Decree No. 131/2006/ND-CP of November 9, 2006, specifically:
a/The Prime Minister shall:
- Decide on investment in important national programs and projects;
- Approve programs and projects associated with policy frameworks, and technical assistance programs and projects in security and defense domains.
b/ Heads of program or project-managing agencies shall decide on investment in investment programs and projects, and approve technical assistance programs and projects not defined at Point a, Clause 1 of this Article
2. The Health Ministrys competence to approve ODA programs and projects:
a/ The Minister of Health shall decide on investment in and approve ODA programs and projects not specified at Point a. Clause 1 of this Article and approve programs and projects authorized by the Prime Minister.
b/ The competence to approve ODA programs and projects managed by the Health Ministry complies with the assignment principle mentioned in the Health Ministers Decision No. 4297/QD-BYT of November 6, 2007. on assigning the Ministrys leaders to personally direct region-based healthcare work; Decision No. 4293/QD-BYT of November 6, 2007, assigning the Ministrys leaders to take charge of non-business units under the Ministry; and Decision No. 4299/ QD-BYT of November 6, 2007, assigning the Ministrys leaders to personally direct programs and projects in the health domain, and additional or amended legal documents (if any) approved by the Health Minister.
Article 5. Interpretation of terms
In this Regulation the terms below are construed as follows:
1. ODA program- or project-managing agency means the Health Ministry, for ODA-funded programs and projects directly implemented by units of the agencies of, or non-business units, under the Health Ministry and projects in the health domain which are managed and implemented by the Health Ministry under die Prime Ministers authorization.
2. Investors or ODA program or project owners (collectively referred to as project owners) means units under the agencies of the Health Ministry or non-business units under the Health Ministry (below collectively referred to as units) which are assigned to directly manage and use ODA capital and domestic capital for implementation of ODA investment programs and projects or ODA technical assistance programs and projects according to the approved contents and to manage and use or transfer to other localities and units for management and use after the completion of the programs or projects.
3. Regulation means the Regulation on ODA management and use promulgated together with the Governments Decree No. 131/2006/ND-CP of November 9, 2006.
4. Circular 04 means the Planning and Investment Ministrys Circular No. 04/2007/TT-BKH of July 30, 2007, guiding the implemen-tation of the Regulation on ODA management and use (promulgated together with the Governments Decree No. 131/2006/ND-CP of November 9, 2006).
5. Other terms related to ODA management and use are construed in Article 4 of the Regulation.
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