On July 8, 2020, the Government of Vietnam issued Decree 80/2020/ND-CP on the management and use of non-refundable aid not classified as official development assistance from foreign agencies, organizations, and individuals provided to Vietnam.
Currently, "Non-project Assistance" refers to one-time, stand-alone aid in the form of cash, goods, expertise (including volunteer experts), and the provision of inputs for organizing conferences, workshops, training sessions, research, surveys, and training.
Procedures for appraising and approving project documents, non-project assistance (illustration)
Article 10 of Decree 80/2020/ND-CP provides procedures and formalities for appraising and approving program, project documents, non-project assistance as follows:
Step 1: Evaluate the validity of the appraisal dossier based on the regulations in Article 8 of this Decree.
Step 2: Collect written feedback from relevant agencies:
- For the grant aid specified in Clause 1, Article 7 of this Decree, the Ministry of Planning and Investment shall send the appraisal request dossier to the Ministry of Finance, the Ministry of Public Security, the Ministry of Foreign Affairs, the Vietnam Union of Friendship Organizations (in case the aid provider is a foreign non-governmental organization), and relevant specialized agencies.
- For the grant aid specified in Clauses 2, 3, 4, and 5 of Article 7 of this Decree implemented at the central level: the managing agency sends the appraisal request dossier to the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Public Security, the Ministry of Foreign Affairs, the Vietnam Union of Friendship Organizations (in case the aid provider is a foreign non-governmental organization), and relevant specialized agencies.
- For the grant aid under the approval jurisdiction specified in Clauses 2, 3, and 4 of Article 7 of this Decree implemented at the local level: the Department of Planning and Investment sends the dossier to the Department of Finance, the provincial police, and related departments, branches, and functional agencies in the locality for opinions. If the content of the grant aid exceeds the local management authority, the Department of Planning and Investment reports to the Provincial People's Committee to solicit opinions from relevant ministries and central authorities.
Step 3: Appraise the grant aid
- Depending on the scale, nature, and content of the grant aid, the lead appraisal agency organizes the appraisal either by consolidating opinions or by holding an appraisal conference. The concluding opinions of the lead appraisal agency serve as the basis for the competent authority to review and decide on the approval of grant aid acceptance.
- If the grant aid is not eligible for acceptance, the managing agency informs the aid provider of the decision to refuse the grant aid.
For remedial assistance, when approving project and non-project documents, the head of the managing agency is not required to seek appraisal opinions from related agencies.
Regarding appraisal content
- The suitability of the program, project objectives, the purpose of receiving non-project assistance with the specific development objectives of ministries, central and local authorities, and the implementing and beneficiary units of the program and project;
- The legal status of the aid provider and the recipient, and the legal compliance of related organizations and individuals under Vietnamese law; the appropriateness between the aid purpose and the function, tasks, and authority of the recipient;
- The capacity to receive and organize implementation of the aid project owner; the Vietnamese side's matching contribution capacity;
+ Financial mechanism content in the country for aid sourced from the state budget's revenue; appropriateness of the budget structure of the program and project for major items of the program and project;
+ Commitments, prerequisites, and other conditions of the participating parties;
+ Effectiveness, socioeconomic impact, security, social order, applicability of the program and project results to practice, and sustainability of the program and project post-completion; effectiveness of the non-project assistance utilization.
The appraisal period does not exceed 20 days from the receipt of a complete dossier.
See more related regulations in Decree 80/2020/ND-CP effective from September 17, 2020.
Thu Ba
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