Circular No. 03/2007/TT-BKH of March 12, 2007, on guiding the organizational structure, functions and responsibilities of ODA program or project management units

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Issuing body:	Ministry of Planning and Investment	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	03/2007/TT-BKH	Signer:	Vo Hong Phuc
Type:	Circular	Expiry date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Issuing date:	12/03/2007	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Investment , Organizational structure

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THE MINISTRY OF PLANNING AND INVESTMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 03/2007/TT-BKH	Hanoi, March, 12, 2007

CIRCULAR

ON GUIDING THE ORGANIZATIONAL STRUCTURE, FUNCTIONS AND RESPONSIBILITIES OF ODA PROGRAM OR PROJECT MANAGEMENT UNITS

Pursuant to the Decree No. 61/2003/ND-CP issued on 06 June, 2003 by the Government on the functions, responsibilities, authorities and organizational structure of the Ministry of Planning and Investment;
Pursuant to Clause 4 of Article 25 of the Decree No. 131/2006/ND-CP issued on 09 November, 2006 by the Government promulgating Regulation on Management and Utilization of Official Development Assistance;
The Ministry of Planning and Investment hereby issues the Circular guiding the organizational structure, functions and responsibilities of ODA Program or Project Management Units as follows:

I. GENERAL PROVISIONS

1. Scope of Adjustment:

This Circular guides the organizational structure, functions and responsibilities of ODA Program or Project Management Units (hereafter called PMU) for ODA Technical Assistance (TA) and ODA investment programs and projects; responsibilities of Line Agencies, Project Owners and State ODA Management Agencies to PMUs.

This Circular shall not apply to the following cases:

a) ODA funds provided in the form of budget support (where ODA resources are transferred directly to the State budget and administered in accordance with the existing laws and regulations on State budget management);

b) The Project Owner applies the form of hiring consultants for management and implementation of the ODA investment programs.

2. The Modalities of Management for Implementation of ODA Programs and Projects

The modalities of management for implementation of ODA programs and projects include:

a) The Line Agency directly manages and executes the implementation or assigns a competency unit under the management authority of the Project Owner to directly manage and execute the implementation of the technical assistance project.

b) The Project Owner directly manages and executes the implementation of the investment program or project.

c) The Project Owner hires a consulting organization to manage and execute the implementation of the investment program or project (Manager of the investment program or project) in accordance with the existing laws and regulations.

If the case of directly managing and executing the implementation of the program or project in the forms of a) and b), the Line Agency or the Project Owner shall have to establish a PMU pursuant to the regulations stipulated in this Circular who hereafter is called the PMU- Establishing Agency.

With regards to the small and simple technical assistance programs and projects with total budget (including counterpart funds) less than 1 billion Vietnamese dong (the donor currency converted to Vietnamese dong by the official exchange rate of the State Bank of Vietnam at the time of establishment of PMU), the Line Agency or the Project Owner can use its functional apparatus for managing and executing the implementation of the program or project instead of establishing PMU.

With regards to the small and simple investment programs and projects with total of investment capital (including counterpart funds) less than 1 billion Vietnamese dong (the donor currency converted to Vietnamese dong by the official exchange rate of the State Bank of Vietnam at the time of establishment of PMU), the Project Owner can use its functional apparatus for managing and executing the implementation of the program or project or can employ the specialized and experienced consultants to assist the management for implementation of the project or program instead of establishing PMU.

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Circular No. 03/2007/TT-BKH of March 12, 2007, on guiding the organizational structure, functions and responsibilities of ODA program or project management units

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