THE MINISTRY OF PUBLIC HEALTH ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ------------ |
No: 2790/2002/QD-BYT | Hanoi, July 25, 2002 |
DECISION
ISSUING THE REGULATION ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE (ODA) OF THE HEALTH MINISTRY
THE MINISTER OF HEALTH
Pursuant to the Government’s Decree No.68/CP of October 11, 1993 defining the functions, tasks, powers and organizational structure of the Health Ministry;
Pursuant to the Government’s Decree No.17/2001/ND-CP of May 4, 2001 issuing the Regulation on Management and Use of Official Development Assistance (ODA);
Pursuant to Circular No.06/2001/TT-BKH of September 20, 2001 of the Ministry of Planning and Investment guiding the implementation of the Regulation on Management and Use of Official Development Assistance (ODA), issued together with the Government’s Decree No.17/2001/ND-CP of May 4, 2001;
Proceeding from the requirements of the ODA management work of the Health Ministry;
At the proposal of the director of the Planning Department- the Health Ministry,
DECIDES:
Article 1.- To issue together with this Decision the Regulation on management and use of official development assistance of the Health Ministry.
Article 2.- This Decision takes effect 15 days after its signing. All previous provisions contrary to this Decision are hereby annulled.
Article 3.- The director of the Planning Department shall have to guide and inspect the implementation of this Decision.
Article 4.- The director of the Office, the chief inspector, the directors of the departments and divisions, and the heads of the units under the Health Ministry shall have to implement this Decision.
| MINISTER OF HEALTH Do Nguyen Phuong |
REGULATION
ON MANAGEMENT AND USE OF OFFICIAL DEVELOPMENT ASSISTANCE OF THE HEALTH MINISTRY
(Issued together with the Health Minister’s Decision No. 2790/2002/QD-BYT of July 25, 2002)
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Regulation regulates all activities of attracting, managing and using official development assistance sources (including non-refundable aids and preferential loan capital, hereinafter referred collectively to as ODA) of the Health Ministry.
Article 2.- Objects of application
a/ This Regulation shall apply to all programs and projects belonging to the departments, divisions, office and inspectorate of the Health Ministry as well as units under the Health Ministry, in the reception, management and use of ODA.
b/ The health programs and projects carried out by units not under the Health Ministry shall not fall within this Regulation’s governing scope.
c/ For programs and projects defined in Clause b of this Article, the Health Ministry assigns the Planning Department to act as the main body receiving the program and project dossiers in order to coordinate with the concerned departments and divisions in performing the Health Ministry’s task of State management in joining the appraisal or giving medical consultations.
Article 3.- Basic principles
1. The Health Ministry’s ODA constitutes a source of State budget, which must be received, managed and used strictly according to law provisions.
2. In cases where an aid agreement signed between the Vietnamese State or Government and a donor contains different provisions, such provisions shall apply.
Article 4.- Term interpretation
In this Regulation, the following terms shall be construed as follows:
1. The managing agency is the Health Ministry for ODA programs and projects (hereinafter called programs and projects), which are deployed and implemented directly by the units within and under the Health Ministry, and projects in the health service assigned by the Prime Minister to the Health Ministry for management and implementation.
2. Project owners mean units attached to the Ministry or non-business units under the Ministry (hereinafter referred collectively to as units), which are assigned to directly manage and use the aid capital and reciprocal capital sources for program and project implementation according to the approved contents.
Article 5.- Registration of the list and contents of ODA programs and projects