06:51 | 04/09/2023

What are the procedures for deciding approval of technical assistance project or non-project documents in Vietnam?

“What are the procedures for deciding approval of technical assistance project or non-project documents in Vietnam?” - asked Ms. N.H.N (Bac Giang)

What are the procedures for deciding approval of technical assistance project or non-project documents in Vietnam?

Pursuant to the provisions of Subsection 16 Section A of the Appendix promulgated together with Decision 1395/QD-BKHDT in 2023 as follows:

- For projects and non-project assistance other than those specified in Clause 1, Article 23 of Decree 114/2021/ND-CP and technical assistance projects funded by ODA to prepare for investment projects managed by agencies or organizations and not subject to the procedures for decision on implementation policy:

Step 1: The governing body shall preside over the appraisal process; send written enquiries, enclosing project or non-project documents and other relevant documents (if any) to the Ministry of Planning and Investment, the Ministry of Finance and concerned authorities;

(Where a project/non-project is funded by an ODA grant worth USD 200,000 or less, the head of the governing body may approve the project or non-project document without having to consult concerned agencies.).

Step 2: Within 10 days from the day on which valid documents are received, the consulted agencies shall send their written comments thereon, focusing on the following contents: necessity, key objectives and outcomes; funding sources and availability, financial mechanisms; conditions of the foreign donor (if any) and responding capacity of Vietnam.

Step 3: The governing body shall take charge of appraising the project or non-project with the following contents: the compatibility of the project or non-project assistance with the specific development goals of ministries, agencies, localities, implementing agencies and beneficiaries; the appropriateness of the implementation method; fund and the availability of fund, financial mechanism; the rationality of funding structure for major categories; commitments, prerequisites and other conditions of the foreign donor and the stakeholders (if any); effectiveness, the ability to apply the results in real practices and sustainability beyond the project or non-project life cycle; unanimous opinions or discrepancies amongst the parties.

Step 4: Based on the appraisal results, the head of the governing body shall decide whether the project or non-project documents are approved. For technical assistance projects to prepare for investment projects under local management, based on the appraisal results, the provincial People's Committee shall submit to the provincial People's Council for approval of project documents.

Main contents of the decision on approval of technical assistance project or non-project document:

- Name of the project or non-project;

- Name of the donor and co-donor (if any);

- Name of the governing body and project owner;

- Implementation duration and location;

- Objectives, activities and results;

- Arrangements for management;

- Implementation method;

- Total fund and funding structure, including ODA grants (in base currency and VND equivalent) and counterpart funds (in VND);

- Others.

Step 5. After the project or non-project document has been approved, the governing body shall inform the Ministry of Planning and Investment, the Ministry of Finance and other concerned agencies, enclosing the approved project or non-project document bearing the affixed seal of the governing body for implementation supervision and coordination.

Step 6: The Ministry of Planning and Investment shall send an official notice and funding request to the foreign donor.

- For projects and non-projects specified in Clause 1, Article 23 of Decree 114/2021/ND-CP:

The appraisal of these projects and non-projects by their governing bodies is not required. The head of the governing body shall decide whether to approve the project or non-project documents according to the decision on implementation policy.

What does the application for deciding approval of technical assistance project or non-project documents in Vietnam include?

Pursuant to the provisions of Subsection 16 Section A of the Appendix promulgated together with Decision 1395/QD-BKHDT in 2023, the application for deciding approval of technical assistance project or non-project documents in Vietnam includes:

- Written request for comments

- Project or non-project owner’s letter of transmittal for approval of the project/non-project document

- Draft project or non-project document.

- Written comments of concerned agencies.

- Other relevant documents (if any), such as the donor’s written endorsement for the project or non-project contents, notice of commitment to consider funding, memorandum of understanding with the donor, report of the appraisal mission prepared upon the request of the donor.

Number of applications for deciding approval of technical assistance project or non-project documents in Vietnam: 01 set (Particularly project or non-project documents: 08 sets).

What is the time limit for deciding approval of technical assistance project or non-project documents in Vietnam?

Pursuant to the provisions of Subsection 16 Section A of the Appendix promulgated together with Decision 1395/QD-BKHDT in 2023, the time limit for deciding approval of technical assistance project or non-project documents in Vietnam shall not exceed 20 days of receipt of complete and valid application.

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