Decree 114/2021/ND-CP on management and use of ODA and concessional loans of foreign donors

DECREE

On the management and use of official development assistance and concessional loans of foreign donors^[1]

Pursuant to the June 19, 2015 Law on Organization of the Government; and the November 22, 2019 Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration;

Pursuant to the June 25, 2015 Law on the State Budget;

Pursuant to the November 26, 2013 Bidding Law;

Pursuant to the June 18, 2014 Construction Law; and the June 17, 2020 Law Amending and Supplementing a Number of Articles of the Construction Law;

Pursuant to the November 26, 2014 Law on Management and Use of State Capital Invested in Production and Business at Enterprises;

Pursuant to the April 9, 2016 Law on Treaties;

Pursuant to the November 23, 2017 Law on Public Debt Management;

Pursuant to the June 13, 2019 Law on Public Investment;

Pursuant to the June 17, 2020 Law on Investment;

Pursuant to the June 17, 2020 Law on Enterprises;

Pursuant to the June 18, 2020 Law on Investment in the Form of Public-Private Partnership;

Pursuant to the November 17, 2020 Law on Environmental Protection;

At the proposal of the Minister of Planning and Investment,

The Government promulgates the Decree on the management and use of official development assistance and concessional loans of foreign donors.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree provides the management and use of official development assistance (ODA) and concessional loans provided by foreign governments, international organizations, inter-governmental or inter-state organizations, or governmental organizations authorized by foreign governments (below collectively referred to as foreign donors) to the State or the Government of the Socialist Republic of Vietnam.

Article 2. Subjects of application

This Decree applies to agencies, organizations and individuals engaged or involved in the management and use of ODA and concessional loans of foreign donors and counterpart funds of Vietnam.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Steering Committee of an ODA or concessional loan-funded program or project (below referred to as Steering Committee) means an organization established by the managing agency of an ODA or concessional loan-funded program or project (below referred to as program or project) and composed of competent representatives of related agencies to direct, coordinate and supervise the program or project implementation. In case of necessity, based on an agreement with the foreign donor, the Steering Committee may have a representative of the foreign donor.