| THE GOVERNMENT ------- No: 38/2013/ND-CP | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- Hanoi, April 23, 2013 |
DECREE
ON MANAGEMENT AND UTILIZATION OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) AND CONCESSIONAL LOANS FROM DONORS
Pursuant to the Law on Government organization, of December 25, 2001;
Pursuant to the Law on State budget, of December 16, 2002;
Pursuant to the Law on Construction, of November 26, 2003;
Pursuant to the Law on Conclusion, Accession to and Implementation of international treaties, of June 14, 2005;
Pursuant to the Law on investment, of November 29, 2005;
Pursuant to the Procurement Law, of November 29, 2005;
Pursuant to the Law on Public Debt Management, of June 17, 2009;
Pursuant to the Law amending and supplementing a number of articles in the laws relating to investment of capital construction, of June 19, 2009;
At the proposal of the Minister of Planning and Investment;
The Government promulgates the Decree on management and utilization of official development assistance (ODA) and concessional loans from donors,
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree regulates the management and utilization of official development assistance (ODA) and concessional loans provided by foreign governments, international organizations and inter-state or inter-governmental organizations (below collectively referred to as donors) to the State or Government of the Socialist Republic of Vietnam.
Article 2. Entities of application
The entities of application are all agencies, organizations, individuals participating or involving in the activities under scope of governance of this Decree.
Article 3. Forms of provision of ODA and concessional loans
1. ODA consists of ODAnon-refundable aid and ODA loan:
a. ODA non-refundable aid is a form of provision of ODA that does not require refunding to the donor;
b. ODA loan is a form of provision of ODA that requires re-fund to the donor under concessional conditions in terms of interest rate, grace period and debt-payment period with the non-refundable element of at least 35% for the value of tied loans or 25% for the value of untied loans.The method of calculating non-refundable element is specified in the Annex 1 of this Decree.
2. Concessional loan is a form of provision of loan, the borrowing conditions of which is more concessional than commercial loan, but the non-refundable element does not satisfy the criteria for ODA loan as stipulated in point b clause 1 of this Article.
Article 4. Interpretation of terms
In this Decree, the following terms are construed as follows:
1. "Line agencies of ODA program or project" (hereinafter abbreviated to “Line agencies”) mean the central agencies of the Communist Party, the Supreme People's Procuracy, the Supreme People's Court, agencies of National Assembly, the State Audit, the Office of the President, Ministries, ministerial-level agencies, government-attached agencies, People's Committees of provinces and centrally-run cities (hereinafter referred to as “Provincial People's Committees”), central agencies of social and political organizations, of social, political and professional organizations, social and professional organizations that have programs and projects funded by ODA and concessional loans (hereinafter abbreviated to “programs and projects”).
