What are responsibilities and entitlements of management units in management and implementation of program/project funded by ODA and concessional loans in Vietnam?

What are responsibilities and entitlements of management units in management and implementation of program/project funded by ODA and concessional loans in Vietnam?

Pursuant to Article 38 of the Decree 114/2021/ND-CP stipulating responsibilities and entitlements of management units in management and implementation of program/project funded by ODA and concessional loans in Vietnam as follows:

1. Responsibilities and entitlements of the project management unit are assigned by the project owner under the decision on project management unit establishment. The project owner may authorize the project management unit to issue decisions or sign documents within the project owner’s competence in the process of program/project management and implementation. The authorization must be specified in the decision to establish project management unit or made into a specific authorization letter by the project owner.

2. The project management unit may be assigned to manage multiple programs/projects as long as it is accepted by the project owner and ensure that: Each program/project is not interrupted and is managed and accounted for in accordance with applicable regulatory provisions. If the project management unit is not capable of some management and supervision tasks, they may hire consultants to perform such tasks provided that it is accepted by the project owner.

3. The project management unit shall perform the tasks assigned by the project owner and be accountable to the project owner, including:

a) Formulate and submit master plans and annual plans for program/project implementation;

b) Prepare and implement the program/project;

c) Carry out activities related to procurement, contract management and compensation for site clearance and resettlement;

d) Disburse funds, manage funds and assets of the program/project;

dd) Monitor and evaluate the implementation of the program/project;

e) Prepare the acceptance and transfer of the completed program/project; finish payment, account finalization and audit work, transfer assets of the program/project; prepare the completion report using the sample given in Appendix X hereto and account finalization report of the program/project; follow regulations on project closing in the applicable international treaty or agreement on ODA and concessional loan;

g) Perform other tasks assigned by the project owner within the framework of the program/project.

4. Perform other duties and entitlements in accordance with law, specific international treaties and agreements on ODA and concessional loans for the programs/projects.

5. Bear responsibility before law and the managing agency within their rights and obligations prescribed in this Decree and other regulatory provisions.

What are regulations on hiring of consultants for management of program/project funded by ODA and concessional loans in Vietnam?

Pursuant to Article 40 of the Decree 114/2021/ND-CP stipulating hiring of consultants for management of program/project funded by ODA and concessional loans in Vietnam as follows:

1. The program/project management consultant shall perform the tasks and commitments under the contract with the project owner while complying with relevant applicable regulatory provisions.

2. The project owner shall select program and project management consultants through bidding and signing consultancy contracts according to applicable regulations. When hiring a program/project management consultant, the project owner must designate an affiliated specialized unit or appoint a unit in charge of inspecting and supervising the consultant’s contract performance.

Best regards!