To supplement competence to decide on investment policies for ODA-funded programs and projects

Published on 08 - 05 - 2023
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On 04/5/2023, the Government issued Decree No. 20/2023/ND-CP amending and supplementing a number of articles of Decree No. 114/2021/ND-CP on management and use of Official Development Assistance (ODA) and concessional loans from foreign donors.

Here are some notable ones:

Specifically, the Prime Minister no longer has the authority to decide on investment policies for technical assistance projects using ODA or concessional loans from foreign donors to prepare investment projects, the following authorities shall have the competence:

Ministers and heads of governing bodies shall decide on investment policies for Group B and Group C investment projects funded by ODA and concessional loans from foreign donors, and approve technical assistance projects using ODA or concessional loans to prepare investment projects under their management.

The Provincial-level People's Councils shall decide on investment policies in Group B and Group C investment projects funded by ODA and concessional loans from foreign donors, and approve technical assistance projects using ODA, concessional loans to prepare investment projects managed by the locality.

Along with the addition of regulations on competence, the Decree No. 20/2023/ND-CP also supplements the order and procedures for deciding investment policies for programs and projects funded by ODA or concessional loans under the authority of the Minister, the head of the governing body and the People's Council of the province.

The order and procedures for deciding on investment policies for Group B and Group C projects funded by ODA or concessional loans fall within the competence of the Minister or the head of the governing body as follows:

- The Minister, the head of the governing body assign the affiliated unit to prepare a report on investment intentions;

- The governing body collects comments in writing from the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies;

- The Minister, the head of the governing body shall establish an Appraisal Council or assign a functional unit to appraise the report on investment policy proposals, capital sources and the ability to balance capital;

- The Minister or head of the governing body directs the unit to complete the report on investment intentions according to appraisal opinions and opinions of the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies;

- Based on appraisal opinions of functional units, opinions of the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies, the Minister, the head of the governing agency shall decide on the investment policy.

The order and procedures for deciding on investment policies for Group B and Group C investment projects funded by ODA or concessional loans under the competence of the People's Councils of provinces are as follows:

- The Chairman of the Provincial-level People's Committee assigns affiliated units to prepare reports on investment intentions;

- The Provincial People's Committees collect written opinions from the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies;

- The Chairmen of the provincial-level People's Committees shall establish appraisal councils or assign functional units to appraise reports on investment intentions, capital sources and ability to balance capital;

- The Chairman of the provincial-level People's Committee directs the unit to complete the report on investment policy proposal according to the appraisal and opinion of the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies;

- Based on appraisal opinions of functional units, opinions of the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies, the People's Committee of the province shall submit it to the People's Council of the province for decision of investment policy.

The Decree also stipulates that interested bidders and pre-qualification participants must bear all costs related to the preparation and submission of dossiers of expression of interest and dossiers of pre-qualification. In case the short list has been selected but international treaties or agreements on ODA or concessional loans of the project have not been signed, the investor is responsible for notifying the contractors named in the short list not to continue to organize the bidding.

Investors may only issue bidding documents and requirements documents after international treaties or agreements on ODA or concessional loans of the project are signed.

This Decree takes effect from March 1, 2022.

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