Regulations on Modification of program/project proposals for ODA in Vietnam

Regulations on Modification of program/project proposals for ODA in Vietnam
Dương Châu Thanh

On May 4, 2023, the Government issued Decree 20/2023/ND-CP amending Decree 114/2021/ND-CP regarding management and use of official development assistance (ODA) or soft loans from foreign donors, in which regulations on Modification of program/project proposals for ODA in Vietnam are added.

Regulations on Modification of program/project proposals for ODA in Vietnam

In the course of formulating, appraising, and deciding an investment policy; deciding modification of an investment policy, where there is any change in the main contents of a program/project proposal approved by the Prime Minister of Vietnam, the managing agency shall follow the formalities and procedures for modification of the program/project proposal as stated hereunder:

- If the adjustment in total investment ascribed to the change in the exchange rate; the increase in an ODA or soft loan does not entail any change in other main contents of the proposal of the program/project specified in point d of clause 2 of Article 13 Decree 114/2021/ND-CP, the managing agency shall not need to modify the program/project proposal;   

- If modification of the main contents of the proposal of the program/project specified in point d of clause 2 of Article 13 Decree 114/2021/ND-CP does not lead to any increase in the ODA or soft loan, the managing agency shall notify reasons for such modification in writing in order for the Ministry of Planning and Investment to integrate comments of the Ministry of Finance of Vietnam and other relevant agencies into a report to be submitted to the Prime Minister to seek his approval decision; 

- In case of any increase in ODA or soft loan, the managing agency shall formulate the program/project proposal, and follow the formalities and procedures specified in clause 2 of  Article 13 Decree 114/2021/ND-CP; the dossier of application for modification of the program/project proposal submitted to the competent authority, and the time of decision on modification of the program/project proposal shall be as defined in clause 3 of  Article 13 Decree 114/2021/ND-CP. The dossier should clarify reasons for modifications and subject matters that need to be modified in the program/project proposal;  

- National target programs, projects of national importance, public investment programs; Category-A investment programs, projects; programs or projects under the approval-granting authority of the Prime Minister shall be exempt from the requirements for application for modification of program/project proposals specified in clause 5 Article 13 Decree 114/2021/ND-CP.

 Decree 20/2023/ND-CP takes effect from March 1, 2022.

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