VietnameseDecision No. 119/2009/QD-TTg dated October 01, 2009 of the Prime Minister promulgating the Regulation on foreign experts implementing ODA programs and projects
ATTRIBUTE
Decision No. 119/2009/QD-TTg dated October 01, 2009 of the Prime Minister promulgating the Regulation on foreign experts implementing ODA programs and projects
| Issuing body: | Prime Minister | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 119/2009/QD-TTg | Signer: | Nguyen Tan Dung |
| Type: | Decision | Expiry date: | Updating |
| Issuing date: | 01/10/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Foreign affairs , Others , Policy |
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THE PRIME MINISTER ______ No. 119/2009/QD-TTg | SOCIALIST REPUBLIC OF VIETNAM Independence- Freedom- Happiness ______________________________ Hanoi, October 01, 2009 |
DECISION
Promulgating the Regulation on foreign experts implementing ODA programs and projects
THE PRIME MINISTER
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the May 24, 2005 Law on Conclusion of accession to, and Implementation of Treaties;
Pursuant to current tax laws;
Pursuant to the November 13, 2008 Law on Vietnamese Nationality;
Pursuant to the August 23, 1993 Ordinance on Privileges and Immunities for Foreign Diplomatic Missions and Consular Offices and Representative Offices of International Organizations in Vietnam;
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 (ODA);
At the proposal of the Minister of Planning and Investment,
DECIDES:
Article 1.
To promulgate together with this Decision the Regulation on foreign experts implementing ODA program and projects in Vietnam (below referred to as the Regulation on foreign experts).
Article 2.
This Decision takes effect on November 20, 2009, and replaces the Prime Minister’s Decision No. 211/1998/QD-TTg October 31, 1998, promulgating the Regulation on foreign experts implementing ODA programs and projects in Vietnam.
Article 3.
The Ministry of Planning and Investment and the Ministry of Finance shall issue a joint circular to guide and inspect according to their functions the implementation of this Regulation.
Article 4.
Ministers, heads of ministerial level agencies, heads of government-attached agencies, and chairpersons of provincial-level People’s Committees shall implement this Decision.
PRIME MINISTER (Signed and sealed) Nguyen Tan Dung |
Regulation on foreign experts implementing ODA programs and projects
(Promulgated together with the Prime Minister’s Decision No. 119/2009/QD-TTg dated October 1, 2009)
Chapter I
GENERAL PROVISIONS
Article 1.
Subjects and scope of application
1. This Regulation applies to foreign expert participating in the management and implementation of ODA programs and projects in Vietnam and their family members.
2. This Regulation is applicable to ODA-funded programs and projects.
Article 2.
Principle of application
All foreign experts and their family members, regardless of their nationalities, will be treated equally and have their lawful assets and incomes which are earned during their working and stay in Vietnam protected by the Vietnamese State.
Article 3.
Interpretation of terms
Some terms used in this Regulation are construed as follows:
1. "ODA program or project" means a project funded with ODA provided by the foreign party under the Government’s Decree No. 131/2006/ND-CP dated November 9, 2006.
2. "Foreign party" (ODA donor) includes foreign governments, bilateral institutional donors and transnational or inter-governmental institutions that provide ODA to a Vietnamese party for implementing a program or project in Vietnam.
3. "Vietnamese party" includes agencies in charge of state management of ODA; agencies managing ODA programs and projects; owners of ODA programs and projects and management boards of ODA programs and projects, in which:
a/ "Agencies in charge of state management of ODA" include agencies participating in the state management in the process of management and use of ODA, including the Ministry of Planning and Investment, the Ministry of Finance, the State Bank of Vietnam, the Ministry of Foreign Affairs, the Ministry of Justice, the Government Office, line agencies and People’s Committees of provinces or centrally run cities where ODA programs and projects are implemented;
b/ "Agencies managing ODA programs and projects" (deciders of investment in investment projects or approvers of technical assistance projects, below referred to as project-managing agencies) means ministries, ministerial-level agencies, government-attached agencies, central bodies of socio-political organizations, professional organizations, agencies attached to the National Assembly, the Supreme People’s Court, the Supreme People’s Procuracy and People’s Committees of provinces or centrally run cities (below collectively referred to as provincial-level People’s Committees) that have ODA programs and projects;
c/ "ODA program and project owners" (investors of investment programs and projects, managers of technical assistance programs an projects, below collectively referred o as projects, owners) means units assigned by the Prime Minister or managing agencies to directly manage and use ODA and domestic capital for implementing these programs and project according to contents approved by competent authorities, and manage and use works after these programs and projects are completed;
d/ "Management boards of ODA programs and projects" mean units functioning to assist ODA program and project owners in managing the implementation of these programs and projects.
4. "Parties" include Vietnamese party, foreign party and foreign experts.
5. "Foreign expert" (below referred to as expert) means a person who does not have Vietnamese citizenship and enters Vietnam to provide professional and technical consultancy services or perform other jobs in service of the study,formulation, evaluation, surveillance, assessment, management and implementation of an ODA program or project under regulations or agreements in a treaty on ODA concluded between competent agencies of the Vietnamese party and the foreign party. Foreign experts enter Vietnam after:
a/ The foreign party recruits and enters into contracts with them or with their employing contractors (companies) which have listed them as consultants in these companies’ bid documents based on bidding results approved by a competent authority of the foreign party and consented by the Vietnamese party;
b/ The Vietnamese party recruits and enters into contracts with them or with their employing contractors (companies) which have listed them as consultants in these companies’ bid documents based on bidding results approved by a competent authority of the Vietnamese party and consented by the foreign party.
6. "Family members" means an expert’s spouse and minor children or adult children who are incapable of working, live together with the expert in a household and have foreign citizenship and whom the expert has to support.
Article 4.
Apart from enjoying the benefits provided for in this Regulation and other lawful interests provided for by Vietnamese law, experts and their family members shall fulfill all their obligations specified in this Regulation and relevant legal documents.
Article 5.
Competent agencies of the Vietnamese party and foreign party shall closely coordinate with each other in managing and employing experts while ensuring that experts and their family members enjoy their lawful interests and fulfill their obligations while working in Vietnam.
Chapter II
SPECIFIC PROVISION
Article 6.
Incentives for experts
1. Visa incentive:
Experts and their family member will be granted Vietnamese visas for multiple entry and exit at the request of ODA program and project-managing agencies. Procedures for granting visas comply with current regulations.
Those experts and their family members who work and stay in Vietnam for 6 months or more may be considered for grant of multiple visas for their whole working duration of up to 3 years (if they so request).
In case of emergency, if the Vietnamese party finds it necessary to ensure security and safety for the life and assets of experts and their family members, these experts and their family members may leave Vietnam according to procedures applicable to foreign diplomats working in Vietnam and under the Ordinance on Entry, Exit and Residence by Foreigners in Vietnam.
2. Foreign exchange incentives:
Experts and their family members may bring foreign currencies into Vietnam under current Vietnamese law; convert into foreign currencies and bring out of Vietnam their incomes from wages or remunerations for implementation of ODA programs and projects or other lawful incomes specified in Article 7 of this Regulation. Procedures for bringing foreign currencies in and out of Vietnam comply with the State Bank of Vietnam’s regulations.
3. Residence and travel registration incentive:
Experts and their family members may travel freely and register their stay within the Vietnamese territory, except restricted areas.
4. Other incentives:
a/ Grand renewal of driver licenses and registration of vehicle number plates: When entering Vietnam, experts and their family members may register for driving courses and tests at civil driver training schools and be granted driver licenses, and enjoy favorable conditions for driver license renewal and vehicle number plate registration under Vietnamese law;
b/ In case an expert or any of his/her family members violates Vietnamese law, and is therefore prosecuted, arrested, brought to trial, imprisoned, expelled from Vietnam or held jointly liable in legal proceedings, a representative of the foreign party that has sent or hired him/her and the diplomatic mission or consular office of the country of which he/she or his/her family member is a citizen shall be promptly notified thereof by the Vietnamese party and are allowed to visit him/her. He/she or his/her family member may invite lawyers under Vietnamese law.
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