VietnameseDecree No. 03/1999/ND-CP dated January 28, 1999 of the Government referring to co-operation with foreign parties in administrative reforms
ATTRIBUTE
Decree No. 03/1999/ND-CP dated January 28, 1999 of the Government referring to co-operation with foreign parties in administrative reforms
| Issuing body: | Government | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 03/1999/ND-CP | Signer: | Phan Van Khai |
| Type: | Decree | Expiry date: | Updating |
| Issuing date: | 28/01/1999 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Administration |
For more details, click here.
Download files here.
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
Effect status: Known
THE GOVERNMENT ------- | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- |
No.03/1999/ND-CP | Hanoi, January 28, 1999 |
DECREE
REFERRING TO CO-OPERATION WITH FOREIGN PARTIES IN ADMINISTRATIVE REFORMS
GOVERNMENT
Pursuant to Government Organization Law dated September 30, 1992;
Pursuant to an aim at strengthening State management on and raising the efficiency of co-operation with foreign parties in administrative reforms;
Pursuant to a request from Minister, Head of the Government Personnel Committee,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1: Application sphere
This Decree includes stipulations referring to State management on ministries, ministerial bodies, Governmental bodies, centrally controlled municipal and provincial Peoples Committees, social and politic organisations (hereinafter called Vietnamese organisations and bodies) co-operation with foreign governments, inter-governmental organisations and other international organisations (hereinafter called foreign parties) in administrative reforms, which is implemented according to forms stated in Article 3 of this Decree.
Article 2: Terms required for implementing co-operation with foreign parties in administrative reforms
1. The implementation of co-operation with foreign parties in administrative reforms is required to be made on the basis of respecting the independence, sovereignty and national defence of the related parties and following the constitution and law of the State of Vietnam;
2. Co-operation with foreign parties in administrative reforms is required to follow Vietnam Communist Partys direction and the socio-economic development strategy issued by the Vietnamese State for specific periods;
3. Programmes and projects implemented via co-operation with foreign parties in administrative reforms are required to be approved by relevant authorities according to law.
Article 3: Forms to implement co-operation with foreign parties in administrative reforms
Forms to implement co-operation with foreign parties in administrative reforms include:
1. Programmes and projects implemented through co-operation with foreign parties in administrative reforms, which use ODA (official development assistance) and are hereinafter called programmes and projects;
2. Operations implemented via co-operation with foreign parties in administrative reforms which do not belong to programmes and projects stipulated in Article 1 of this Decree (hereinafter called co-operative activities) include:
a. Exchanging information and experience related to administrative reforms;
b. Opening training courses in administrative management and specialities;
c. Holding and participating in conferences, seminars and talks referring to administrative reforms inside and outside the nation;
d. Tours to foreign countries by Vietnamese organisations and bodies and tours to Vietnam by foreign parties, which are related to administrative reforms.
Chapter II
STATE MANAGEMENT ON CO-OPERATION WITH FOREIGN PARTIES IN ADMINISTRATIVE REFORMS
Article 4: State management on co-operation with foreign parties in administrative reforms
The Government stipulates that State management on co-operation with foreign parties in administrative reforms includes:
1. Issuing legal documents on co-operation with foreign parties in administrative reforms;
2. Issuing decisions and plans to implement co-operation with foreign parties in administrative reforms;
3. Approving programmes and projects implemented via co-operation with foreign parties in administrative reforms;
4. Overseeing, inspecting and assessing activities related to co-operation with foreign parties in administrative reforms; and dealing with relevant violations.
Article 5: Duties and powers of the Government Personnel Committee
The Government Personnel Committee which is in charge of assisting the Government in consistently managing activities related to co-operation with foreign parties in administrative reforms has the following duties and powers:
1. Being solely authorised to deal with co-operation with foreign parties in administrative reforms;
2. Setting up legal documents referring to co-operation with foreign parties in administrative reforms and then submitting these documents to the State relevant authorities for approval;
3. Submitting to the Government plans to co-operate with foreign parties in administrative reforms which are set up for specific periods on the principle of giving priority to the use of ODA granted by the foreign parties and the Government;
4. Directing Vietnamese organisations and bodies to set up programmes and projects to be implemented via co-operation with foreign parties in administrative reforms using ODA. These plans are submitted to the Ministry of Planning and Investment and other relevant authorities. The ministry places these programmes and projects into the list of programmes and projects prioritised to receive ODA annually which is submitted to the Prime Minister for approval;
5. Co-ordinating with ministries of Foreign Affairs, and Planning and Investment to mobilise financial assistance for programmes and projects which are to be implemented via co-operation with foreign parties in administrative reforms by using ODA;
6. Co-ordinating with the Ministry of Planning and Investment and other relevant authorities to approve programmes and projects which are to be implemented via co-operation with foreign parties in administrative reforms by using ODA and have been approved by the Prime Minister;
7. Co-ordinating with the Ministry of Planning and Investment and other relevant authorities to operate programmes and projects which are implemented via co-operation with foreign parties in administrative reforms by using ODA; and being in charge of operating other activities implemented via co-operation with foreign parties in administrative reforms;
8. Directing and overseeing the setting up and implementation of co-operative programmes and projects; and assessing the efficiency of programmes and projects implemented via co-operation with foreign parties in administrative reforms;
9. Making and sending reports on co-operation with foreign parties in administrative reforms to the Prime Minister; and summarising the interested reports when these programmes and projects finish.
Article 6: Duties and powers of ministries and ministerial and Governmental bodies
Ministries of Planning and Investment, Foreign Affairs, Finance and Justice, and Governments Office are in charge of implementing State management on programmes and projects operated via co-operation with foreign parties in administrative reforms according to Governments regulations on managing and using ODA.
Article 7: Duties of Vietnamese organisations and bodies implementing co-operation with foreign parties in administrative reforms
1. Setting up programmes and projects to be implemented via co-operation with foreign parties in administrative reforms and submitting these programmes and projects to the authorities for approval according to current regulations;
2. Managing and operating programmes and projects implemented via co-operation with foreign parties in administrative reforms, which have been approved by the authorities;
3. Making regular reports on the implementation of co-operative programmes and projects according to regulations stipulated in Article 6 of this Decree by the Government Personnel Committee and other relevant authorities every six months and every year.
Chapter III
SETTING UP, APPROVING AND IMPLEMENTING PROGRAMMES AND PROJECTS OPERATED VIA CO-OPERATION WITH FOREIGN PARTIES IN ADMINISTRATIVE REFORMS
Article 8: Setting up, approving and implementing co-operative programmes and projects
The setting up, approval and implementation of programmes and projects operated via co-operation with foreign parties in administrative reforms stated in Item 1, Article 3 of this Decree are implemented according to Governments regulations on managing and using ODA. Specifically,
1. Vietnamese organisations and bodies set up co-operative programmes and projects and send them to the Government Personnel Committee. These programmes and projects are then listed as programmes and projects prioritised to receive assistance for specific periods, and submitted to relevant authorities according to guidelines from the Government Personnel Committee;
2. On the basis of the list of co-operative programmes and projects approved and pledged to be financed by the foreign parties, Vietnamese organisations and bodies complete required documents needed for these programmes and projects and then send them to the Government Personnel Committee for consideration before they are being submitted to the relevant authorities for approval;
3. After the above co-operative programmes and projects are approved by the relevant authorities, Vietnamese organisations and bodies start to sign documents related to these programmes and projects according to stipulations stated in the Ordinance on Signing and Implementing International Treaties;
4. Vietnamese organisations and bodies are in charge of establishing management units of the co-operative programmes and projects. This aims at implementing these programmes and projects according to targets and commitments stated in the signed documents.
Article 9: Amending, adding to and extending the duration of programmes and projects implemented via co-operation with foreign parties in administrative reforms
The amendment of, addition to and extension of the duration of projects operated by Vietnamese organisations and bodies via co-operation with foreign parties in administrative reforms are implemented according to Governments regulations on managing and using ODA which are enclosed with written suggestion(s) from the Government Personnel Committee.
Article 10: Managing co-operation with foreign parties in administrative reforms
Co-operation with foreign parties in administrative reforms which is stated in Item 2, Article 3 of this Decree is implemented according to Governments regulations on holding and controlling conferences and seminars in Vietnam and Governments regulations on entrance and exit procedures. In regards to co-operative programmes an projects required to be approved by the Prime Minister, the interested organisations and bodies are required to submit these programmes and projects which are enclosed with written assessment of the Government Personnel Committee to the Prime Minister for approval.
Article 11: Suspending, abolishing and dealing with violations related to programmes and projects implemented via co-operation with foreign parties in administrative reforms
Co-operative programmes and projects violating regulations stipulated in this Decree are suspended or abolished according to the violations nature.
The Prime Minister considers and decides the suspension and abolishment of programmes and projects implemented by Vietnamese organisations and bodies according to a request from the Ministry of Planning and Investment which is enclosed with written approval from the Government Personnel Committee.
Organisations and/or individuals violating regulations stipulated in this Decree are punished according to law based on the violations nature.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 12: This Decree is effective 15 days after the date of signing. The Government Personnel Committee is in charge of providing guidelines for the implementation of this Decree.
Article 13: Ministers, heads of ministerial bodies and Governmental bodies and centrally controlled municipal and provincial Peoples Committees are in charge of implementing this Decree.
PP THE GOVERNMENT PRIME MINISTER Phan Van Khai |
Processing, please wait...
LuatVietnam.vn is the SOLE distributor of English translations of Official Gazette published by the Vietnam News Agency
VIETNAMESE DOCUMENTS
Decree 03/1999/NĐ-CP DOC (Word)This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
ENGLISH DOCUMENTS
Others
Decree 03/1999/NĐ-CP DOC (Word)This utility is available to subscribers only. Please log in to a subscriber account to download. Don’t have an account? Register here
* Note: To view documents downloaded from LuatVietnam.vn, please install DOC, DOCX and PDF file readers
For further support, please call 19006192
