DECISION

PROMULGATING THE REGULATION ON THE MANAGEMENT AND USE OF AIDS FROM FOREIGN NON-GOVERNMENTAL ORGANIZATIONS

THE PRIME MINISTER

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Conclusion and Implementation of International Agreements by the Socialist Republic of Vietnam of August 20, 1998;
At the proposal of the Minister of Planning and Investment,

DECIDES

Article 1.- To promulgate together with this Decision the Regulation on the Management and Use of Aids from Foreign Non-Governmental Organizations (foreign NGOs for short).

Article 2.- This Decision takes effect 15 days after its signing and replaces Decision No.80/CT of March 28, 1998 of the Chairman of the Council of Ministers (now the Prime Minister). The earlier provisions contrary to this Decision are all now annulled.

Article 3.- The Minister of Planning and Investment, the Minister of Finance, the Minister for Foreign Affairs, the Minister-Director of the Government’s Office, the President of the Vietnam Union of Friendship Societies and the heads of the relevant agencies shall have to implement, guide and inspect the implementation of the Regulation on the Management and Use of Aids from Foreign Non-Governmental Organizations issued together with this Decision.

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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Manh Cam

REGULATION

ON THE MANAGEMENT AND USE OF AIDS FROM FOREIGN NON-GOVERNMENTAL ORGANIZATIONS

(Issued together with Decision No.28/1999/QD-TTg of February 23, 1999 of the Prime Minister)

Chapter I

GENERAL PROVISIONS

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- Aids provided through programs and/or projects.

- Non-project aids in cash or kind (goods, materials, equipment...) for humanitarian purposes, emergency relief, scientific cooperation, training.

Article 2.- Foreign NGOs aids shall constitute a source of State budget revenue and be used for priority targets and fields in the socio-economic development of Vietnam in each period and in conformity with foreign NGOs regulations.

Chapter II

MOBILIZATION, NEGOTIATION, RATIFICATION AND CONCLUSION

Article 3.- The mobilization of foreign NGOs aids shall be conducted regularly, according to orientation and in an organized manner:

1. The mobilization of aids for development programs and/or projects must conform with the planning and objectives of attracting and using the official development assistance (ODA) sources, which have been already ratified by the Prime Minister.

2. The mobilization of humanitarian aids must be based on the social situation and actual demands of the ministries, branches, localities and mass organizations.. in each year or each period.

3. The mobilization of emergency aids must be based on the actual amounts of losses in human lives, properties, constructions... in each region or locality hit by natural calamities or other disasters. The Ministry for Foreign Affairs shall, together with the Vietnam Union of Friendship Societies, consider and submit to the Prime Minister for ratification the amount of emergency aids to be called for from foreign NGOs.

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1. Regarding aids for programs and/or projects, there must be the program and/or project documents which clearly state the objectives, the expected results, the contents of activities that should be carried out and the necessary inputs (funds, reciprocal capital, equipment, supplies...) for the implementation of such programs and/or projects. If the implementation period is over one year, the plan of action must be worked out and the necessary funding for each year must be estimated as well as the sources of fund available at foreign NGOs, and the amounts of fund to be mobilized in the subsequent years must be clearly determined.

2. Regarding humanitarian and emergency aids. it is necessary to clearly state the aids' contents and aid recipients, make a detailed list of aid goods and estimate the total value if the aid is offered in kind, or determine the total aid value if the aid is offered in cash.

3. In cases where any clauses of the aid agreements signed with foreign NGOs fail to conform with Vietnamese law, the agency in charge of negotiation shall have to obtain written comments from the Ministry of Justice, the Ministry of Planning and Investment and the Ministry for Foreign Affairs, then submit them to the Prime Minister for consideration and decision.

The conclusion of aid agreements with foreign NGOs must comply with the current provisions of law on the conclusion and implementation of international agreements and be based on the ratification of programs, projects and non-project aids as stipulated in Article 5 of this Regulation.

Article 5.- The competence to ratify foreign NGOs aids is stipulated as follows:

1. The Prime Minister shall ratify:

a/ Programs and/or projects funded with foreign NGOs aids valued at US$500,000 or more.

b/ Projects and aids related to the institutions, policies, laws, culture, information, religions, defense and security.

c/ Non-project aids valued at US$200,000 or more or involving goods categories restricted from import (such as cars, motorbikes, used goods and equipment, some kinds of medicines...).

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2. The ministers, the presidents of the People's Committees of the provinces and centrally-run cities, the heads of the ministerial-level agencies and agencies attached to the Government and mass organizations shall ratify:

a/ Programs and/or projects funded with foreign NGOs aids valued at less than US$500,000. Before ratification, the consent of the Minister of Planning and Investment is required.

b/ Non-project aids valued at less than US$200,000. Before ratification, the consent of the Minister of Finance is required.

Where the relevant agencies have different opinions, the ratifying agency shall report thereon to the Prime Minister for decision.

After being ratified, the entire dossiers of the above-said aids must be sent to the Ministry of Planning and Investment, the Ministry of Finance, the Ministry for Foreign Affairs, the Government’s Office and the Vietnam Union of Friendship Societies for the latter's monitoring, management and assessment of the implementation in strict compliance with the State�s current regulations.

Chapter III

STATE MANAGEMENT OVER AIDS FROM FOREIGN NGOS

Article 6.- The Government shall exercise unified State management over all sources of foreign NGOs aids, from aid mobilization to negotiation and conclusion of aid agreements with foreign NGOS; from the monitoring and supervision of the implementation process to the assessment of the results and efficiency of the use of foreign NGOs aids.

The management of foreign NGOs aids by the Government's functional agencies shall comply with the provisions of Articles below.

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1. To take responsibility together with the relevant agencies for guiding the ministries, branches, localities and mass organizations to draw up programs

and/or projects in order to mobilize aids from foreign NGOs.

2. To take charge of evaluating programs and projects, sum up opinions of the relevant agencies and report them to the Prime Minister for consideration and decision as stipulated in Clause 1, Article 5 of this Regulation.

3. To make comments to the Ministry of Finance on non-project aids valued at US$ 200,000 or more or aids involving goods restricted from import, which shall be submitted to the Prime Minister for consideration and decision.

4. To have to coordinate with the Ministry of Finance in including the reciprocal capital into the annual State budget plan for programs and/or projects already pledged with foreign NGOs, as prescribed by the State Budget Law.

5. To have to coordinate with the Ministry of Finance, the Vietnam Union of Friendship Societies and the relevant agencies in organizing the supervision and inspection of the situation of aid reception, management and use; synthesizing, analyzing and assessing the efficiency of the use of foreign NGOs� aids; handling relevant matters that come under its competence and proposing the Prime Minister to consider and decide matters beyond its jurisdiction.

Article 8.- The Ministry of Finance shall assume the prime responsibility in financial management, control and management of all non-project aids from foreign NGOs. It has the following tasks:

1. To take responsibility for and coordinate with the concerned agencies in elaborating the regime of financial management over the aids from foreign NGOs according to its competence and propose the Prime Minister to consider and decide matters beyond its jurisdiction.

2. To include the reciprocal capital into the annual State budget plan as mentioned in Clause 4, Article 7 of this Regulation.

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4. To have to sum up non-project aids and financial final settlement of all foreign NGOs aids; to join the Ministry of Planning and Investment in making a sum- up report on the situation of foreign NGOs aids and submitting it to the Prime Minister.

5. To take part in the evaluation of programs and/or projects with foreign NGOs aids valued at US$500,000 or more.

6. To sum up the opinions and submit them to the Prime Minister for considering and deciding on non-project aids valued at US$200,000 or more or aids involving goods restricted from import.

7. To work out plans on the management of emergency aids reception and distribution and submit them to the Prime Minister for consideration and decision.

8. To have to coordinate with the Ministry of Planning and Investment and the General Department of Statistics in issuing forms of reports on the non-project aids.

Article 9.- The Ministry for Foreign Affairs shall have the following tasks:

1. To coordinate with the relevant agencies in mobilizing and taking the advantages of foreign NGOs aids.

2. To coordinate with the Vietnam Union of Friendship Societies in calling for emergency aids from foreign NGOs as stipulated in Clause 3, Article 3 of this Regulation.

Article 10.- The Government Office shall have the following tasks:

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2. To take part in the evaluation work and making suggestions and proposals on policies and mechanisms... concerning the programs and/or projects; to comment on non-project aids which shall be decided by the Prime Minister and given by foreign NGOs before submitting them to the Prime Minister.

Article 11.- The Vietnam Union of Friendship Societies shall assume the prime responsibility in maintaining the relations with and mobilizing aids from foreign NGOs. It has the following tasks:

1. To coordinate with the Ministry for Foreign Affairs and the concerned agencies in organizing the mobilization of aids from foreign NGOs, based on the priority fields and orientations and the general external policies.

2. To guide and organize the inspection of activities of representative offices and project offices of foreign NGOs under Decision No.340/TTg of May 24, 1996 of the Prime Minister promulgating the Regulation on Operation of Foreign NGOs in Vietnam.

3. To take part in the evaluation of programs and projects valued at US$ 500,000 US$ or more.

4. To make comments to the Ministry of Finance on non-project aids valued at over US$ 200,000 before they are submitted to the Prime Minister for

consideration and decision.

5. To join the Ministry of Planning and Investment in evaluating the situation of the mobilization of aids from foreign NGOs biannually and annually so that the latter may make a sum-up report and submit it to the Prime Minister.

6. To coordinate with the Ministry for Foreign Affairs in proposing to the Government the guidelines on the mobilization of emergency aids.

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Article 13.- The Government’s Commission for Religions is tasked to guide and support Vietnamese agencies and organizations in implementing the State's undertakings and policies on religions in their relationship with religious foreign NGOs.

Article 14.- The ministries, ministerial-level agencies, agencies attached to the Government, People's Committees of the provinces and centrally- run cities and executive bodies of mass organizations shall have to the following tasks:

1. To determine their attached bodies and/or units that take responsibility for the control, reception and management of aids from foreign NGOs.

2. To direct their dependent units in mobilizing and taking advantages of foreign NGOs’ aids based on their own priority fields and orientations and the general external policies of the State.

3. To direct their dependent units in preparing the contents of programs and/or projects, as well as proposals on humanitarian aids or emergency aids and sending them to the State management agencies mentioned in Articles 7, 8, 9, 10 and 11 of this Regulation, which shall serve as basis for mobilizing aids from foreign NGOs.

4. To coordinate with the Vietnam Union of Friendship Societies and the Working Committee on Foreign NGOs standing body in charge of foreign NGO- related work in contacting with the latter.

5. The ministers, the presidents of the People's Committees of the provinces and centrally-run cities and the heads of the ministerial-level agencies, agencies attached to the Government and mass organizations shall ratify foreign NGOs aids according to their respective competence stipulated in Clause 2, Article 5 of this Regulation. A ratifying decision shall be sent to the Ministry of Planning and Investment, the Ministry of Finance and the Vietnam Union of Friendship Societies within 15 days after its signing.

6. To take responsibility for directing, guiding. urging, inspecting and supervising the dependent units in the reception, management and use of aids from foreign NGOs in strict compliance with the current regulations and the commitments with foreign NGOs. To promptly find out violations related to Religious, security and ethnic affairs... in the course of organizing the reception of foreign NGOs aids so as to warn and request the concerned units to comply with the regulations and report it to the relevant agencies mentioned in Article 8 through Article 13 of this Regulation.

To synthesize periodical. final and extraordinary (if any) reports and send them to the Ministry of Planning and Investment, the Ministry of Finance, the Ministry for Foreign Affairs, the Government’s Office and the Vietnam Union of Friendship Societies as well as the concerned agencies, informing the results of the use of foreign NGOs aids in their respective agencies or localities.

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Chapter IV

USE OF FOREIGN NGOS’ AIDS

Article 16.- Supplies, goods, machinery, equipment and transport means imported as non- refundable aids from foreign NGOs, which have been ratified by the competent level, shall be exempt from import tax and special consumption tax (if any) according to the current tax laws.

Article 17.- Responsibilities of the units directly receiving and using foreign NGOs aids.

1. The units assigned the task of preparing programs and/or projects shall have to elaborate the documents thereon and submit them to the competent levels for ratification before implementation.

2. To clarify the contents of humanitarian aids and/or emergency aids so as to submit them to the competent levels for ratification before the reception and use of the aids.

3. To join the relevant agencies in coordinating with foreign NGOs to proceed with the preparatory work and provide necessary supports.

4. To use aids as already agreed upon and committed with foreign NGOs and in conformity with the Government’s current regulations on financial and monetary management, capital construction and bidding for goods procurement and in accordance with the guidance of the higher-level agencies mentioned in Clause 6, Article 14 of this Regulation.

5. To prepare periodical, final and extraordinary (if any) reports on the situation of the reception, use and financial management of foreign NGOs aids by their respective units and submit them to the higher-level managing agencies so that the latter make a sum-up report and submit it to the functional agencies mentioned in Clause 2, Article 18 of this Regulation.

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1. The ministries, the People’s Committees of the provinces and centrally-run cities, the ministerial-level agencies, the agencies attached to the Government and mass organizations shall have to make sum-up reports on the use of aids and financial reports on foreign NGOs aids.

2. Within 2 weeks after the 6-month implementation period, one month after the implementation year and 3 months after the full use of foreign NGOs aids, all report must be sent to the Ministry of Planning and Investment, the Ministry of Finance, the Vietnam Union of Friendship Societies and the General Department of Statistics for monitoring, making sum-up reports and submitting them to the Prime Minister.

3. Contents of the reports:

a/ For programs and projects: The reports contents shall comply with the regulations on the reporting regime in the implementation of ODA-funded programs and/or projects stipulated in Decree No.87/CP of August 5, 1997 of the Government and Circular No.15/1997/TT-BKH of October 24, 1997 of the Ministry of Planning and Investment guiding the implementation of Decree No.87/CP.

b/ For non-project aids: The reports contents shall comply with the requirements and guidance of the Ministry of Finance as stipulated in Clause 8, Article 8 of this Regulation.

Article 19.- Inspection and examination of the reception and use of foreign NGOs aids:

The ministers, the heads of the ministerial-level agencies and agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities shall have to direct the functional agencies in monitoring and inspecting the performance of tasks by different branches, levels and units that receive and use foreign NGOs aids as mentioned in this Regulation; and shall conduct the examination of acts with signs of violations of this Regulation.

All organizations and/or individuals that violate this Regulation shall be dealt with according to law.

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FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER




Nguyen Manh Cam