Circular No. 49/2009/TT-BNNPTNT dated August 04, 2009 of the Ministry of Agriculture and Rural Development guiding the management and use of foreign aid sources

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Issuing body:	Ministry of Agriculture and Rural Development	Effective date:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Official number:	49/2009/TT-BNNPTNT	Signer:	Cao Duc Phat
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:	04/08/2009	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Agriculture - Forestry, Tax - Fee - Charge

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THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom – Happiness ---------
No. 49/2009/TT-BNNPTNT	Hanoi, August 4, 2009

CIRCULAR

GUIDING THE MANAGEMENT AND USE OF FOREIGN AID SOURCES OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government’s Decree No. 01/2008/ND-CP dated January 3, 2008, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government’s Decree No. 131/2006/ND-CP dated November 9, 2006, promulgating the Regulation on Management and Use of Official Development Assistance Sources;

Pursuant to the Prime Minister’s Decision No. 64/2001/QD-TTg dated April 26, 2001, promulgating the Regulation on Management and Use of Foreign Non-Governmental Aid;

The Ministry of Agriculture and Rural Development guides the management and use of foreign aid sources under its management as follows;

Chapter I

GENERAL PROVISIONS

Article 1.

Governing scope

This Circular guides the attraction, mobilization, management and use of various foreign aid sources, including official development assistance (ODA) sources and foreign non-governmental (FNG) aid sources, which are managed and used by the Ministry of Agriculture and Rural Development.

Article 2.

Subjects of application

This Circular applies to all state management units and non-business units under the Ministry (below collectively referred to as units), which manage and use foreign aid sources managed by the Ministry of Agriculture and Rural Development.

Article 3.

Foreign aid sources

1. ODA sources include:

a/ Non-refundable ODA programs and projects, which are a form of provision of ODA which shall not be refunded to the donors;

b/ Preferential ODA loan programs and projects (preferential credit), which are loans with preferential conditions on interest rate, grace period and debt payment, ensuring that the "nonrefundable element" (also called the support component) represents at least 35%, for binding loans, and 25%, for non-binding loans;

c/ Mixed ODA loan programs and projects, which are non-refundable aid amounts or preferential loan amounts provided simultaneously with commercial credits, which are aggregated with the "non-refundable element" representing at least 35%, for binding loans, and 25%, for non-binding loans;

2. FNG aid sources include:

a/ Aid provided through programs or projects;

b/ Non-project aid (including emergency relief) provided as supports by foreign organizations and individuals or overseas Vietnamese in the forms of financial support, assistance in kind, supply of equipment and technology (machinery and operation secrets), supplies (commodities, plant varieties, animal breeds), research and development, technical assistance, provision of specialists and training.

Article 4.

Principles for attraction, management and use of foreign aid sources

1. The attraction, management and use of foreign aid sources comply with current Vietnamese laws, ensuring national security and effectiveness, and comply with treaties or international agreements to which Vietnam is a contracting party;

2. Ensuring the uniformity and consistency of regulations on management and use of foreign aid sources; ensuring wide participation of parties concerned; simplifying and harmonizing procedures between the Ministry and donors; decentralizing management and implementation, clearly defining responsibilities, intensifying supervision and raising the effectiveness of foreign aid sources.

Chapter II

MOBILIZATION AND PREPARATION FOR RECEIPT OF FOREIGN AID SOURCES

Article 5.

Aid mobilization priority domains of the Ministry

1. Development of rural infrastructure (agriculture, forestry and irrigation) in combination with hunger elimination and poverty reduction;

2. Prevention, combat and mitigation of consequences of natural disasters and epidemics, and adaptability to global climate change;

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Circular No. 49/2009/TT-BNNPTNT dated August 04, 2009 of the Ministry of Agriculture and Rural Development guiding the management and use of foreign aid sources

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