Decree 119/2026/ND-CP amending Decree 242/2025/ND-CP management and use of ODA and foreign concessional loans

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Decree No. 119/2026/ND-CP dated April 03, 2026 of the Government amending and supplementing a number of articles of the Government’s Decree No. 242/2025/ND-CP dated September 10, 2025, on the management and use of official development assistance (ODA) and foreign concessional loans

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:	119/2026/ND-CP	Signer:	Bui Thanh Son
Type:	Decree	Expiry date:	Updating
Issuing date:	03/04/2026	Effect status:	Known Please log in to a subscriber account to use this function. Don’t have an account? Register here
Fields:	Bidding - Competition, Finance - Banking, Investment

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THE GOVERNMENT
^__________

No. 119/2026/ND-CP

THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
^{________________}

Hanoi, April 03, 2026

DECREE

Amending and supplementing a number of articles of the Government’s Decree No. 242/2025/ND-CP dated September 10, 2025, on the management and use of official development assistance (ODA) and foreign concessional loans

Pursuant to Law No. 63/2025/QH15 on Organization of the Government;

Pursuant to Law No. 72/2025/QH15 on Organization of Local Administration;

Pursuant to Law No. 89/2025/QH15 on the State Budget;

Pursuant to Law No. 22/2023/QH15 on Bidding;

Pursuant to Law No. 50/2014/QH13 on Construction, which is amended and supplemented under Law No. 62/2020/QH14;

Pursuant to Law No. 15/2017/QH14 on Management and Use of Public Assets;

Pursuant to Law No. 68/2025/QH15 on Management and Investment of State Capital in Enterprises;

Pursuant to Law No. 108/2016/QH13 on Treaties, which is amended and supplemented under the Law No. 137/2025/QH15;

Pursuant to Law No. 20/2017/QH14 on Public Debt Management, which is amended and supplemented under the Law No. 141/2025/QH15;

Pursuant to Law No. 61/2020/QH14 on Investment;

Pursuant to Law No. 59/2020/QH14 on Enterprises, which is amended and supplemented under Law No. 76/2025/QH15;

Pursuant to Law No. 64/2020/QH14 on Investment in the Form of Public-Private Partnership;

Pursuant to Law No. 72/2020/QH14 on Environmental Protection;

Pursuant to Law No. 93/2025/QH15 on Science, Technology and Innovation;

Pursuant to Law No. 57/2024/QH15 Amending and Supplementing a Number of Articles of the Law on Planning, the Law on Investment, the Law on Investment in the Form of Public-Private Partnership, and the Law on Bidding;

Pursuant to Law No. 58/2024/QH15 on Public Investment;

Pursuant to Law No. 90/2025/QH15 Amending and Supplementing a Number of Articles of the Law on Bidding, the Law on Public-Private Partnership Investment, the Law on Customs, the Law on Value-Added Tax, the Law on Export and Import Duties, the Law on Investment, the Law on Public Investment, the Law on Management and Use of Public Assets;

At the proposal of the Minister of Finance, the Government hereby promulgates the Decree amending and supplementing a number of articles of the Government’s Decree No. 242/2025/ND-CP dated September 10, 2025 on the management and use of official development assistance (ODA) and foreign concessional loans.

Article 1. Amending and supplementing a number of points, clauses, and articles of the Government’s Decree No. 242/2025/ND-CP dated September 10, 2025 on the management and use of official development assistance (ODA) and foreign concessional loans

1. To amend and supplement a number of Clauses of Article 3 as follows:

a) To amend and supplement Clause 7 as follows:

“7. Managing agency of an ODA- or foreign concessional loan-funded program, project or non-project activity (hereinafter referred to as managing agency) means the central body of a political organization or its affiliate; the Supreme People’s Procuracy; the Supreme People’s Court; a National Assembly agency; the Office of the National Assembly; the State Audit Office of Vietnam; the Office of the President; a ministry, ministerial-level agency; government-attached agency, or People’s Committee of a province or centrally-run city (hereinafter collectively referred to as provincial-level People’s Committee); the central body of the Vietnam Fatherland Front, the central body of a mass organization whose central-level tasks are assigned by the Party and the State; a state-owned enterprise.

For technical assistance projects and non-project activities using non-refundable ODA of a state-owned enterprise, or a company with 100% of its charter capital held by an enterprise whose charter capital is 100% held by the State (hereinafter referred to as a subsidiary), the managing agency is the state-owned enterprise or the subsidiary.”;

b) To amend and supplement Clause 10 as follows:

“10. Project means a combination of interrelated proposals aimed to achieve one or several of certain objectives and implemented in a specific locality within a specified period and based on specified resources.

Technical assistance project means a project aimed at assisting policy and institution research, professional qualifications improvement and capacity building through such activities as supplying domestic and international experts, providing training, materials and documents, organizing field visits, surveys and seminars at home and abroad, providing some equipment, building demonstration models, preparing investment projects, and assisting the implementation of investment projects. Technical assistance projects include independent technical assistance projects, technical assistance projects for preparation of investment projects, and technical assistance projects providing support for the implementation of investment projects.”;

c) To add Clause 10a after Clause 10 as follows:

“10a. Loan proposal means a document prepared by a ministry, a central-level agency, a provincial-level People's Committee, or a state-owned enterprise to be submitted to the Ministry of Finance to report to the Prime Minister for approval of the use of ODA loans and foreign concessional loans for the program or project, serving as a basis for the ministry, the central-level agency, the local authority, or the enterprise to prepare and appraise the investment policy proposal report, and assess the funding sources and fund-balancing capacity.”;

d) To amend and supplement the first paragraph of Clause 11 as follows:

“11. Treaty on ODA or concessional loans means a treaty defined in the Law on Treaties and the Law on Public Debt Management concerning the receipt, management and use of ODA or concessional loans; it may be:”;

dd) To amend and supplement the first paragraph of Clause 12 as follows:

“12. Agreement on ODA or foreign concessional loans means a written agreement concluded in the name of the Government of the Socialist Republic of Vietnam with a foreign lender or foreign donor, which creates or alters the rights and obligations of the Government of the Socialist Republic of Vietnam relating to the receipt, management and use of ODA and foreign concessional loans, and which is not a treaty, regardless of the designation of the agreement, including:”.

2. To amend and supplement Clause 2, Article 5 as follows:

“2. ODA loans shall be used first of all for programs and projects in the fields of health, education, vocational education, climate change adaptation, environmental protection, green growth, science-technology, innovation and digital transformation, and essential socio-economic infrastructure facilities, which are incapable of directly recovering loans.”.

3. To amend and supplement a number of Clauses of Article 7 as follows:

a) To amend and supplement Clause 2 as follows:

“2. For programs and projects to be covered by local budgets’ expenditures: ODA loans or foreign concessional loans shall be partially or wholly on-lent under the law regulations on on-lending of ODA loans or foreign concessional loans; ODA loans and foreign concessional loans shall be wholly allocated to localities having the ratio of balancing allocations from the central budget to the total balanced expenditures of the local budget of 40% or more.

Based on the amount of balancing allocations from the central budget compared to the total balanced expenditures of the local budget of the first year of the 05-year socio-economic development plan period, the Minister of Finance shall promulgate a decision announcing the allocation list and on-lending ratios for provinces and centrally-run cities for the 05-year period, coinciding with the 05-year socio-economic development plan period and prior to January 01 of the first year of the 05-year socio-economic development plan period.”;

b) To amend and supplement Clause 3 as follows:

“3. For investment programs and projects of which the managing agencies are public non-business units under ministries and central-level agencies: ODA loans or foreign concessional loans shall be partially on-lent in accordance with the law regulations on on-lending of ODA loans and foreign concessional loans; to wholly allocate to public non-business units that are incapable of covering their investment expenditures to implement investment programs and projects in scientific, technological and innovation activities, vocational training, grassroots-level health care and preventive health care. For public non-business units under provincial-level People’s Committees acting as managing agencies: The financial mechanisms as specified in Clause 2 of this Article shall be applied.”;

c) To add Clause 4 after Clause 3 as follows:

“4. For programs and projects invested by state-owned enterprises and subsidiaries: To wholly on-lend in accordance with the law regulations on on-lending of ODA loans and foreign concessional loans unless they are assigned in writing by competent state authorities to perform public investment tasks and projects.”.

4. To amended and supplement a number of points and clauses of Article 8 as follows:

a) To amend and supplement a number of Points of Clause 1 as follows:

“a) Preparing and approving the proposal of ODA loans or foreign concessional loans;

b) Officially notifying the foreign lender of the approved loan proposal for the program or project;

c) Formulating, approving, and deciding on investment policy for, the program or project;

d) Officially notifying the foreign donor of investment policy decision for the program or project;

dd) Formulating, appraising, and deciding on investment in, the program or project;

e) Concluding a treaty or an agreement on ODA loans or foreign concessional loans, depending on the donor’s regulations;

g) Performing implementation management and financial management;

h) Completing the program or project and handing over its outcomes.”;

b) To amend and supplement Point b, Clause 4 as follows:

“b) Approving the proposal of budget support loans or the proposal of the policy to receive budget support grants;”;

c) To amend and supplement Point c, Clause 4 as follows:

“c) Concluding a treaty or an agreement on ODA or foreign concessional loans for the budget support amount;”;

d) To amend and supplement the first paragraph of Clause 6 as follows:

“6. For investment projects using non-refundable ODA, and technical assistance projects using non-refundable ODA for preparation of investment projects:”.

5. To amend and supplement Article 9 as follows:

“1. The order and procedures for deciding on policy to receive a general budget support amount:

a) The Ministry of Finance shall assume the prime responsibility for formulating the proposal of budget support loans or the proposal of the policy to receive budget support grants, clearly stating the following: The situation of central budget balancing, the expected plan to offset budget deficit and other details specified in Clause 2, Article 29 of the Law on Public Debt Management (if any), and report them to the Prime Minister;

b) The Prime Minister shall consider and approve the proposal of budget support loans or the proposal of the policy to receive budget support grants, as a basis for the conclusion and receipt of the general budget support amounts;

c) Pursuant to the Prime Minister’s decision, and based on opinions from related agencies, the Minister of Finance shall approve the documents on the budget support loans and budget support grants with the following details: the situation of central budget balancing, the expected plan to offset budget deficit suitable to the approved purpose of using budget support amounts, and other details (if any).

2. The order and procedures for deciding on policy to receive the central budget’s support amount for a national target program approved by a competent authority:

a) In pursuance to the competent authority's decision approving the investment policy of the national target program, the agency assuming the prime responsibility for the national target program shall send the Ministry of Finance the written proposal of budget support loans or the written proposal of the policy to receive budget support grants, clearly stating: Conditions for receiving budget support grants; plan on using funds for the targets of the national target program; and the details specified in Clause 2, Article 29 of the Law on Public Debt Management (if any);

b) The Ministry of Finance shall report to the Prime Minister for the latter to approve the proposal of budget support loans or the proposal of policy to receive budget support grants for the national target program. The processing time limit is 10 working days from the date of receipt of a complete and valid dossier;

c) The Prime Minister shall consider and approve the proposal of budget support loans or the proposal of policy to receive budget support grants for the national target program;

d) The managing agency shall submit to the competent authority for the latter to decide on the investment in the national target program, which must clearly determine the list of projects expected to use ODA and concessional loans as budget support.”.

6. To add Article 12a before Article 12 as follows:

“Article 12a. Proposal of ODA loans or foreign concessional loans

1. The order and procedures for preparation and approval of the proposal of loans:

a) Ministries, central-level agencies, and provincial-level People's Committees shall send the proposal of ODA loans or foreign concessional loans to the Ministry of Finance, made using the Form in Appendix II to this Decree;

b) The Ministry of Finance shall assess the loan conditions, the financial mechanism, impacts on public debt scale within the limits of public debt safety targets and medium-term repayment capacity, and conformity with the orientations for attraction, management and use of ODA and foreign concessional loans in each period, and report them to the Prime Minister;

c) The Prime Minister shall decide to approve the proposal of ODA loans or foreign concessional loans with the following principal details: The expected lender; purpose of using the loans; foreign loan value (calculated in original currency); domestic financial mechanism (wholly allocated, wholly on-lent, partially allocated and partially on-lent with a specific on-lending ratio), and on-lending method;

d) The Ministry of Finance shall officially notify the foreign lender of the approval of the loan proposal.

2. Dossier and time limit for considering the proposal of ODA loans or foreign concessional loans:

a) A dossier shall comprise: A proposal of ODA loans or foreign concessional loans; a written expression of the foreign donor's or foreign lender's interest (if any);

b) The time limit for consideration and submission of the proposal of ODA loans or foreign concessional loans to the Prime Minister shall not exceed 10 working days from the date the Ministry of Finance receives a complete and valid dossier;

c) In case the dossier is invalid or the details of the proposal of ODA loans or foreign concessional loans do not conform to Clause 1 of this Article, within 05 working days, the Ministry of Finance shall give written opinions requesting the loan proposing agency to complete the dossier and the details of the loan proposal.

3. Adjustment of the proposal of ODA loans or foreign concessional loans for the program or project:

a) The financial mechanism and on-lending method approved by the Prime Minister in the loan proposal is not required to be adjusted during the process of carrying out investment approval procedures and implementing the program or project;

b) In case of changes in the details of the loan proposal approved by the Prime Minister specified at Point c, Clause 1 of this Article, except for the details specified at Point a, Clause 3 of this Article: The loan proposing agency shall send a written document and a report on the reason for adjustment to the Ministry of Finance for the latter to submit to the Prime Minister for consideration and approval before carrying out procedures for investment approval or adjusted investment approval in accordance with regulations;

c) For national target programs, national important projects, public investment programs; and investment projects subject to the Prime Minister’s approval: The adjustment of the proposal of ODA loans or foreign concessional loans specified in this Clause is not required.”.

7. To amend and supplement Clause 1, Article 13 as follows:

“a) Comply with the Government’s regulations detailing a number of articles of the Law on Public Investment; and comprise the request for investment policy decision for the public investment program or project, made according to Form No. 01 provided in Appendix II; the prefeasibility study report or investment policy proposal report, made according to Form No. 02 or Form No. 03 provided in Appendix II; and the request for appraisal of the prefeasibility study report or investment policy proposal report, made according to Form No. 04 provided in Appendix II, to this Decree;

b) The Prime Minister’s approval of the proposal of ODA loans or foreign concessional loans for the program or project;

c) The donor’s written expression of interest or donation commitment;

d) Written opinions of the Ministry of Finance and related agencies;

dd) Other relevant documents (if any).”.

8. To amend and supplement a number of Clauses of Article 15 as follows:

a) To amend and supplement Clause 1 as follows:

“1. After a project’s investment policy is approved and before the treaty or agreement on ODA or concessional loans is concluded, activities to be carried out in advance include formulating and approving the contractor selection plan; determining the shortlist (if any); formulating, appraising (if any) and approving the bidding dossier; evaluating bid dossiers; considering and approving winning bids, and determining bid-winning contractors.

A contract for a bidding package under a project using ODA loans or foreign concessional loans may be concluded before the treaty or foreign loan agreement is concluded in pursuance to the binding regulations of the foreign donor or lender and after the project investment is approved.”;

b) To amend and supplement the first paragraph of Clause 2 as follows:

“2. Bases for the formulation and approval of a contractor selection plan for activities to be carried out in advance:”;

c) To amend and supplement Clause 4 as follows:

“4. The contractors participating in the stages of expressing interest, participating in the prequalification and participating in the bidding shall bear all costs relating to the preparation and submission of dossiers of expression of interest, dossiers of participation in the prequalification and bid dossiers. In case the shortlist has been selected but the project is not approved or the treaty or agreement on ODA or foreign concessional loans for the project is not concluded, and other funding sources cannot be allocated, the project owner shall notify the shortlisted contractors of non-organization of bidding. In case the bid-winning contractor has been selected but the project is not approved or the treaty or agreement on ODA or foreign concessional loans for the project is not concluded, the project owner shall cancel the bidding and is not required to refund costs relating to the contractors’ participation in the bidding.”.

9. To amend and supplement a number of Clauses of Article 17 as follows:

a) To amend and supplement Clause 4 as follows:

“4. For projects subject to investment policy decision by ministers, heads of managing agencies, or provincial-level People’s Committees of People’s Councils: In case the adjustment of a project leads to a change in the details specified in Clause 2, Article 37 of the Law on Public Investment and the principal details of the investment policy decision specified in Clauses 2, 3, 4 and 5, Article 16 of this Decree: The managing agency shall adjust investment policy according to the order and procedures specified in Article 13 of this Decree.”;

b) To add Clause 5 after Clause 4 as follows:

“5. In case the program or project has its total investment adjusted due to exchange rate changes; a decrease in ODA or foreign concessional loans does not incur financial obligations and does not lead to changes in other details of the investment policy decision as specified in Article 16 of this Decree, the managing agency is not required to follow the order and procedures for deciding on the adjustment of the investment policy.”

10. To amend and supplement Clause 3, Article 19 as follows:

“3. Dossiers, details, and time limits for appraisal of, and decision on investment in, programs or projects:

a) They shall comply with Article 48 of the Law on Public Investment and the Government’s regulations detailing a number of articles of the Law on Public Investment;

b) Documents proving financial capacity, repayment plans and other documents as required by the law regulations on public debt management, for programs or projects wholly or partially funded by loans on-lent from the state budget;

c) A written expression of the donor’s interest in the non-refundable ODA-funded program or project;

d) Foreign-language documents relating to programs and projects shall be enclosed with their Vietnamese translations.”.

11. To amend and supplement Article 22 as follows:

“Article 22. Cessation of the use of ODA or foreign concessional loans before a program or project is implemented

The use of ODA or foreign concessional loans may be ceased before the ODA or foreign concessional loans are disbursed for the program or project as follows:

1. The managing agency shall summarize the opinions of the Ministry of Finance and related agencies, and report to the Prime Minister on the cessation of the use of ODA loans or foreign concessional loans.

2. In pursuance to the Prime Minister's decision and the request of the managing agency, the Ministry of Finance shall carry out the procedures for ceasing the use of ODA loans or foreign concessional loans with the foreign lender or donor.

3. In pursuance to the Prime Minister's decision, the managing agency shall follow the order and procedures for terminating the project in accordance with Clause 1, Article 66 of the Law on Public Investment and the Government's regulations detailing a number of articles of the Law on Public Investment.

4. Dossier, details, and time limit for deciding on the cessation of the use of ODA or foreign concessional loans:

a) A request for cessation of the use of ODA or foreign concessional loans for the program or project, which must comprise: the reason for the cessation; the assessment of impacts of the cessation of the use of ODA or foreign concessional loans; the responsibility for arising expenses due to the cessation of the use of ODA or foreign concessional loans, and other related details (if any);

b) Written opinions of the Ministry of Finance and related agencies;

c) Other relevant documents (if any);

d) Within 15 working days after receiving a complete dossier, the Prime Minister shall decide on cessation of the use of ODA or concessional loans.”.

12. To amend and supplement Article 23 as follows:

“Article 23. Cessation of the use of ODA or foreign concessional loans for programs or projects during implementation

The use of ODA or foreign concessional loans may be ceased after the ODA or concessional loans are disbursed for the program or project as follows:

1. The managing agency shall report to the Prime Minister for the latter to decide on cessation of the use of ODA or foreign concessional loans according to the order and procedures specified in Clause 2, Article 66 of the Law on Public Investment.

2. In pursuance to the Prime Minister's decision and the request of the managing agency, the Ministry of Finance shall carry out the procedures for ceasing the use of ODA or foreign concessional loans with the foreign lender or donor.

3. In pursuance to the Prime Minister’s decision and the approval of the foreign lender or donor, the managing agency shall carry out the procedures to adjust the project or re-approve the project using domestic funding sources in accordance with Points d, dd, e, Clause 2, Article 66 of the Law on Public Investment.

4. Dossier, details, and time limit for deciding on the cessation of the use of ODA or foreign concessional loans:

a) A request for the Prime Minister to cease the use of ODA or foreign concessional loans for the program or project, which must comprise the following principal details: the reason for the cessation of the use of ODA or foreign concessional loans; the total disbursed capital (including counterpart funds, ODA loans, foreign concessional loans), the responsibility for arising expenses due to the cessation of the use of ODA or foreign concessional loans; the assessment of economic, social, environmental, political and diplomatic impacts; the report on inspection and assessment of the investment volume compared to the tentative investment plan; the plan on handling of the volume and total disbursed capital; the plan on investment to complete the project with other funding sources; the opinions and solutions of the foreign lender or foreign donor (if any); and other related details;

b) Written opinions of the Ministry of Finance and related agencies;

c) Other relevant documents (if any);

d) Within 15 working days after receiving a complete and valid dossier, the Prime Minister shall decide on cessation of the use of ODA or foreign concessional loans for the program or project.

5. For a program or project whose deadline for disbursement under the treaty or agreement on ODA or foreign concessional loans has ended but which continues to be implemented with domestic funding sources or other funding sources, the managing agency is not required to report to the Prime Minister on the cessation of the use of ODA or foreign concessional loans, but shall notify the Ministry of Finance in writing of the discontinuation of the use of ODA or foreign concessional loans.”.

13. To amend and supplement Article 24 as follows:

“Article 24. Competence to approve documentation of technical assistance projects or non-project activities

Heads of managing agencies shall approve documentation of technical assistance projects or non-project activities funded by non-refundable ODA; documentation of technical assistance projects or non-project activities funded by non-refundable ODA based on the competent authority’s written approval of the policy to participate in regional programs or projects as specified in Article 10 of this Decree.”.

14. To amend and supplement a number of Clauses of Article 26 as follows:

a) To amend and supplement Clause 4 as follows:

“4. A dossier for appraisal of the project or non-project activity shall comprise: the project owner's request for approval of documentation of the project or non-project activity; draft documentation of the project or non-project activity; written opinions of related agencies; other relevant documents (if any); and a written expression of the donor's interest.”;

b) To amend and supplement Clause 7 as follows:

“7. For a project or non-project activity with a non-refundable ODA of USD 500,000 or less, the managing agency shall conduct appraisal without having to consult related agencies, and shall take responsibility for its decision. In case a project or non-project activity has a non-refundable ODA value of USD 500,000 or less and its details are related to security, national defense, or religion, or it is deployed in an area of strategic importance for security or national defense, the managing agency shall consult the Ministry of Public Security and the Ministry of National Defence, conduct the appraisal, and take responsibility for its own decision.”.

15. To amend and supplement Point a, Clause 2, Article 28 as follows:

a) For a program or project funded by ODA loans or foreign concessional loans, or an investment program or project funded by non-refundable ODA: the approved feasibility study report of the program or project; the program or project investment decision; and the documents on the budget support loans approved by the competent authorities;”.

16. To replace Article 30 with Articles 30a, 30b, 30c, and 30d as follows:

“Article 30a. The order, procedures, and dossiers for negotiation, conclusion, ratification, amendment, supplementation, renewal, or termination of a treaty on ODA loans or foreign concessional loans in the name of the State

1. The order, procedures, and dossiers for negotiation of a treaty on ODA loans or foreign concessional loans in the name of the State:

a) In pursuance to Article 28 of this Decree and the request of ministries, central agencies, provincial-level People's Committees, state-owned enterprises, and subsidiaries, the Ministry of Finance shall request the lender to send the draft treaty on ODA loans or foreign concessional loans;

b) The Ministry of Finance shall consult the Ministry of Foreign Affairs, the Ministry of Justice; the Ministry of Public Security, the Ministry of National Defence (if the project is related to security and national defense), and related agencies on the proposal of negotiation for the treaty on ODA loans or foreign concessional loans. The consulted agencies shall give their written opinions to the Ministry of Finance within 07 working days after receiving a dossier for consultation;

c) Based on the summary of opinions from the agencies, the Ministry of Finance shall report to the Prime Minister for the latter to submit to the State President for a decision on the negotiation of the treaty on ODA loans or foreign concessional loans;

d) In pursuance to the State President's approval of the negotiation, the Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, the Ministry of Justice, and related agencies in, negotiating with the foreign lender on the draft treaty on ODA loans or foreign concessional loans;

dd) The dossier to be submitted for the negotiation of the treaty must comprise: the request proposing the negotiation of the treaty; the draft treaty on ODA loans or foreign concessional loans; opinions of the Ministry of Foreign Affairs, the Ministry of Justice, and related agencies; and the project investment decision;

e) The request proposing the negotiation must comprise: general information about the program or project; appraisal results or assessment of on-lending (for on-lent projects); the necessity and purpose of the negotiation of the treaty; principal details of the treaty; preliminary assessment of political, national defense, security, socio-economic and other impacts of the treaty, preliminary review results of current law regulations and treaties in the same field to which the Socialist Republic of Vietnam is a contracting party, in comparison with the principal details of the treaty proposed for negotiation; proposals on the negotiation policy and authorization for negotiation.

2. The order, procedures, and dossiers for conclusion of a treaty on ODA loans or foreign concessional loans in the name of the State:

a) Based on the negotiation results, the Ministry of Finance shall simultaneously consult the Ministry of Foreign Affairs for checking; the Ministry of Justice for appraisal; the Ministry of Public Security, the Ministry of National Defence (if the project is related to security and national defense), and related agencies on the report on negotiation results and the proposal of conclusion of the treaty on ODA loans or foreign concessional loans. The consulted agencies shall give their written opinions within 07 working days after receiving a dossier for consultation.

A dossier requesting checking and appraisal of the treaty shall comprise: a written request for checking and appraisal of the treaty, the draft request proposing the conclusion of the treaty, the draft treaty, and written opinions of related agencies on the proposal of negotiation for the treaty;

b) The Ministry of Finance shall report to the Prime Minister for the latter to submit to the State President for a decision on the conclusion of the treaty on ODA loans or foreign concessional loans;

c) In pursuance to the State President’s decision, the person authorized by the State President shall conclude the treaty on ODA loans or foreign concessional loans with the foreign lender;

d) The dossier to be submitted for the conclusion of the treaty must comprise: the request proposing the conclusion of the treaty; the draft treaty on ODA loans or foreign concessional loans and the negotiation record (if any); opinions of the Ministry of Foreign Affairs after checking, opinions of the Ministry of Justice after appraisal, and opinions of related agencies;

dd) The request proposing the conclusion of the treaty must comprise the following: the necessity, requirements, and purpose of proposing the conclusion of the treaty; name, form, title of conclusion, representative for conclusion, language, effect, form of effect, duration of effect; negotiation results and principal details of the treaty; assessment of political, national defense, security, and socio-economic impacts; assessment of the compatibility of the treaty proposed for conclusion with treaties in the same field to which the Socialist Republic of Vietnam is a contracting party; assessment of the conformity between the provisions of the treaty and Vietnamese law regulations; explanation and assimilation of opinions of the agencies; issues with divergent opinions between the proposing agency and related agencies and organizations, between the Vietnamese partner and the foreign lender, and proposed solutions.

3. The order, procedures, and dossiers for ratification of a treaty on ODA loans or foreign concessional loans in the name of the State:

a) After the treaty is concluded, the Ministry of Finance shall consult the Ministry of Foreign Affairs and the Ministry of Justice on the proposal of ratification of the treaty. The consulted agencies shall give their written opinions within 07 working days after receiving a dossier for consultation;

b) Based on the summary of opinions from the agencies, the Ministry of Finance shall report to the Prime Minister for the latter to submit to the State President for ratification of the treaty on ODA loans or foreign concessional loans;

c) The dossier to be submitted for ratification must comprise: The request proposing the ratification of the treaty; opinions of the Ministry of Foreign Affairs and the Ministry of Justice, and the written treaty;

d) The request proposing the ratification of the treaty must comprise the following: the details of the treaty; assessment of impacts of the treaty on Vietnam; proposals on the ratification, time of ratification, proposals on the direct application of the whole or part of the treaty; proposals on amending, supplementing, annulling or promulgating legal documents to implement the treaty.

4. The order and procedures for amendment, supplementation, or renewal of a treaty on ODA loans or foreign concessional loans in the name of the State:

a) Ministries, central-level agencies, provincial-level People's Committees, state-owned enterprises, and subsidiaries shall send to the Ministry of Finance a written request for amendment, supplementation or renewal of the treaty on ODA loans or foreign concessional loans;

b) The Ministry of Finance shall consult the Ministry of Foreign Affairs, the Ministry of Justice; the Ministry of Public Security, the Ministry of National Defence (if the project is related to security and national defense), and related agencies on the request for amendment, supplementation or renewal of the treaty on ODA loans or foreign concessional loans. The consulted agencies shall give their written opinions within 07 working days after receiving a dossier for consultation;

c) The Ministry of Finance shall report to the Prime Minister for the latter to submit to the State President for a decision on the amendment, supplementation or renewal of the treaty on ODA loans or foreign concessional loans;

d) In case the amendment, supplementation or renewal of the treaty on ODA loans or foreign concessional loans is due to changes in the details of the program's or project's investment policy decision or investment decision (except for programs and projects in the fields of security and national defense) approved by the competent authority: The Ministry of Finance shall carry out the procedures for amending, supplementing or renewing the treaty on ODA loans or foreign concessional loans in accordance with Point a, Point c of this Clause;

dd) The dossier to be submitted for the amendment, supplementation or renewal of the treaty must comprise: the request proposing the amendment, supplementation or renewal of the treaty; opinions of the Ministry of Foreign Affairs, the Ministry of Justice, and related agencies (in case they are consulted); the draft of the amendment or supplement (if any); opinions of the foreign donor or foreign lender;

e) The request proposing the amendment, supplementation or renewal of the treaty must comprise: the purpose, requirements, legal basis, and legal consequences of the amendment, supplementation or renewal of the treaty; details of the treaty proposed to be amended, supplemented or renewed; explanation and assimilation of opinions of the agencies; and proposed solutions.

5. The order, procedures, and dossiers for termination of a treaty on ODA loans or foreign concessional loans in the name of the State:

a) The termination of the whole or part of the treaty shall be carried out in accordance with the provisions of such treaty or the agreement between the Vietnamese partner and the foreign lender;

b) The order, procedures and dossiers for termination of the treaty must comply with Clause 4 of this Article.

6. In case the Ministry of Finance determines that the treaty can be ratified immediately after its conclusion, is clear and detailed enough for implementation, does not require amendment or supplementation of legal documents, and has gathered all necessary documents in the dossier proposing the ratification of the treaty as specified in Clause 3 of this Article, the Ministry of Finance shall summarize the checking opinions of the Ministry of Foreign Affairs; the appraisal opinions of the Ministry of Justice; the opinions of the Ministry of Public Security and the Ministry of National Defence (if the project is related to security and national defense), and the opinions of related agencies, to submit to the Prime Minister for the latter to report to the State President for a decision on simultaneous conclusion and ratification of the treaty on ODA loans or foreign concessional loans. The dossier proposing the simultaneous conclusion and ratification shall comply with Clauses 2 and 3 of this Article.

7. In case a treaty requires legal opinions of the Ministry of Justice: After receiving a complete dossier as specified by current regulations on issuance of legal opinions, the Ministry of Justice shall carry out procedures to issue legal opinion in accordance with law.

8. In case multiple treaties are to be concluded according to the phases of a program or project funded by ODA loans or foreign concessional loans:

a) For the treaty concluded for the first loan: To comply with the regulations on negotiation, conclusion and ratification specified in Clauses 1, 2, 3 and 6 of this Article;

b) For the treaty concluded for subsequent loans: At the proposal of ministries, central agencies, provincial-level People's Committees, state-owned enterprises, and subsidiaries regarding the need for a subsequent loan; the ODA loan or foreign concessional loan limit approved by the competent authority in the investment decision; and the project implementation progress and disbursement results under concluded treaties, the Ministry of Finance shall assume the prime responsibility for, and coordinate with related agencies in, determining the value of the subsequent loan, exchanging opinions and reaching agreement with the lender, and carrying out the procedures specified in Clauses 1, 2, 3 and 6 of this Article.

Article 30b. The order, procedures, and dossiers for negotiation, conclusion, or approval of a specific treaty on ODA loans or foreign concessional loans in the name of the Government

1. The order, procedures, and dossiers for negotiation of a specific treaty on ODA loans or foreign concessional loans in the name of the Government:

a) In pursuance to Article 28 of this Decree, the Ministry of Finance shall request the foreign lender to send the draft international treaty on ODA loans or foreign concessional loans;

c) Based on the summary of opinions from the agencies, the Ministry of Finance shall report to the Prime Minister for the latter to decide on the negotiation of the treaty on ODA loans or foreign concessional loans;

d) The dossier to be submitted for the negotiation of the treaty must comprise: the request proposing the negotiation of the treaty; the draft treaty on ODA loans or foreign concessional loans; opinions of the Ministry of Foreign Affairs, the Ministry of Justice, and related agencies; and the project investment decision;

dd) The request proposing the negotiation must comprise: general information about the program or project; the necessity and purpose of the negotiation of the treaty; principal details of the treaty; preliminary review results of current law regulations and treaties in the same field to which the Socialist Republic of Vietnam is a contracting party, in comparison with the principal details of the treaty proposed for negotiation; proposals on the negotiation and the authorization for negotiation.

2. The order, procedures, and dossiers for conclusion of a specific treaty on ODA loans or foreign concessional loans in the name of the Government:

A dossier requesting checking and appraisal of the treaty shall comprise: a written request for checking and appraisal of the treaty, the draft request for the Government proposing the conclusion of the treaty, the draft treaty, and written opinions of related agencies on the proposal of negotiation for the treaty;

b) The Ministry of Finance shall report to the Government for the latter to decide on the conclusion of the treaty on ODA loans or foreign concessional loans;

c) In pursuance to the Government’s approval of the conclusion, the person authorized by the Government shall conclude the treaty on ODA loans or foreign concessional loans with the foreign lender;

dd) The request proposing the conclusion of the treaty must comprise: the necessity, requirements, and purpose of proposing the conclusion of the treaty; name, form, title of conclusion, representative for conclusion, language, effect, form of effect, duration of effect; negotiation results and principal details of the treaty; assessment of political, national defense, security, and socio-economic impacts; assessment of the compatibility of the treaty proposed for conclusion with treaties in the same field to which the Socialist Republic of Vietnam is a contracting party; assessment of the conformity between the provisions of the treaty and Vietnamese law regulations; explanation and assimilation of opinions of the agencies; issues with divergent opinions between the proposing agency and related agencies and organizations, between the Vietnamese partner and the foreign lender, and proposed solutions.

3. The order, procedures, and dossiers for approval of a specific treaty on ODA loans or foreign concessional loans in the name of the Government:

a) In case a treaty in the name of the Government contains provisions requiring approval or completion of legal procedures of each country to take effect, or contains provisions contrary to regulations in legal documents of the Government, after the treaty is concluded, the Ministry of Finance shall consult the Ministry of Foreign Affairs and the Ministry of Justice on the proposal of approval of the treaty. The consulted agencies shall give their written opinions within 07 working days after receiving a dossier for consultation;

b) The Ministry of Finance shall report to the Government for the latter to approve the treaty on ODA loans or foreign concessional loans;

c) The dossier to be submitted for approval must comprise: The request for approval of the treaty; and the written treaty;

d) The request proposing the approval of the treaty must comprise: the details of the treaty; assessment of impacts of the treaty on Vietnam; proposals on the approval, time of approval, proposals on the direct application of the whole or part of the treaty; proposals on amending, supplementing, annulling or promulgating legal documents to implement the treaty.

4. The order and procedures for amendment, supplementation or renewal of a specific treaty on ODA loans or foreign concessional loans in the name of the Government:

b) The Ministry of Finance shall consult the Ministry of Foreign Affairs, the Ministry of Justice; the Ministry of Public Security, the Ministry of National Defence (if the project is related to security and national defense), and related agencies on the request for amendment, supplementation or renewal of the treaty on ODA loans or foreign concessional loans. The consulted agencies shall give their written opinions within 07 working days after receiving a dossier for consultation;

c) The Ministry of Finance shall report to the Government for the latter to amend, supplement or renew the treaty on ODA loans or foreign concessional loans;

5. The order, procedures, and dossiers for termination of a specific treaty on ODA loans or foreign concessional loans in the name of the Government:

a) The termination of the whole or part of the treaty shall be carried out in accordance with the provisions of such treaty or the agreement between the Vietnamese partner and the foreign lender;

b) The order, procedures and dossiers for termination of the treaty must comply with Clause 4 of this Article.

6. In case the Ministry of Finance determines that the treaty can be approved immediately after its conclusion, is clear and detailed enough for implementation, does not require amendment or supplementation of legal documents, and has gathered all necessary documents in the dossier proposing the approval of the treaty as specified in Clause 3 of this Article, the Ministry of Finance shall summarize the checking opinions of the Ministry of Foreign Affairs; the appraisal opinions of the Ministry of Justice; the opinions of the Ministry of Public Security and the Ministry of National Defence (if the project is related to security and national defense), and the opinions of related agencies, to submit to the Government for the latter to decide on simultaneous conclusion and approval of the treaty on ODA loans or foreign concessional loans. The dossier proposing the simultaneous conclusion and approval shall comply with Clause 2, Clause 3 of this Article.

Article 30c. The order, procedures, and dossiers for negotiation, conclusion, approval, amendment, supplementation, renewal, or termination of a framework treaty on ODA loans or foreign concessional loans in the name of the Government

1. The order, procedures, and dossiers for negotiation of a framework treaty on ODA loans or foreign concessional loans in the name of the Government:

a) In pursuance to Article 28 of this Decree, the Ministry of Finance shall request the foreign donor or lender to send the draft framework treaty on ODA loans or foreign concessional loans;

b) The Ministry of Finance shall consult the Ministry of Foreign Affairs, the Ministry of Justice; the Ministry of Public Security, the Ministry of National Defence (if the project is related to security and national defense), and related agencies on the proposal of negotiation for the framework treaty on ODA loans or foreign concessional loans. The consulted agencies shall give their written opinions to the Ministry of Finance within 07 working days after receiving a dossier for consultation;

c) Based on the summary of opinions from the agencies, the Ministry of Finance shall report to the Prime Minister for the latter to decide on the negotiation of the framework treaty on ODA loans or foreign concessional loans;

d) In pursuance to the Prime Minister’s decision on negotiation, the Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs, the Ministry of Justice, and related agencies in, negotiating with the foreign donor or lender on the draft framework treaty on ODA loans or foreign concessional loans;

dd) The dossier to be submitted for negotiation of a framework treaty on ODA loans or foreign concessional loans in the name of the Government must comprise: The request proposing the negotiation of the framework treaty; the draft framework treaty; opinions of the Ministry of Foreign Affairs, the Ministry of Justice, and related agencies; and the investment policy decision of the program or project if it is linked to a specific program or project;

e) The request proposing the negotiation must comprise: the necessity, requirements, and purpose of the negotiation of the framework treaty; principal details of the framework treaty; general information about the program or project if it is linked to a specific program or project; preliminary assessment of political, national defense, security, socio-economic and other impacts of the treaty; preliminary review results of current law regulations and treaties in the same field to which the Socialist Republic of Vietnam is a contracting party, in comparison with the principal details of the framework treaty proposed for negotiation; proposals on the negotiation and authorization for negotiation.

2. The order, procedures, and dossiers for conclusion of a framework treaty on ODA loans or foreign concessional loans in the name of the Government:

a) Based on the negotiation results, the Ministry of Finance shall simultaneously consult the Ministry of Foreign Affairs for checking; the Ministry of Justice for appraisal; the Ministry of Public Security, the Ministry of National Defence (if the project is related to security and national defense), and related agencies on the report on negotiation results and the proposal of conclusion of the framework treaty on ODA loans or foreign concessional loans. The consulted agencies shall give their written opinions to the Ministry of Finance within 07 working days after receiving a dossier for consultation;

A dossier requesting checking and appraisal of the treaty shall comprise: a written request for checking and appraisal of the treaty, the draft request for the Government proposing the conclusion of the treaty, the draft treaty; and written opinions of related agencies on the proposal of negotiation for the treaty;

b) The Ministry of Finance shall report to the Government for the latter to approve the conclusion of the framework treaty on ODA loans or foreign concessional loans;

c) In pursuance to the Government’s approval of the conclusion, the person authorized by the Government shall conclude the framework treaty on ODA loans or foreign concessional loans with the representative of the foreign donor or lender;

d) The dossier to be submitted for the conclusion of the framework treaty must comprise: the request proposing the conclusion of the framework treaty; the draft framework treaty on ODA loans or foreign concessional loans and the negotiation record (if any); opinions of the Ministry of Foreign Affairs after checking, opinions of the Ministry of Justice after appraisal, and opinions of related agencies;

dd) The request proposing the conclusion of the framework treaty must comprise: the necessity, requirements, and purpose of proposing the conclusion of the framework treaty; name, form, title of conclusion, representative for conclusion, language, effect, form of effect, duration of effect; negotiation results and principal details of the framework treaty; assessment of political, national defense, security, socio-economic and other impacts of the treaty; assessment of the compatibility of the treaty proposed for conclusion with treaties in the same field to which the Socialist Republic of Vietnam is a contracting party; assessment of the conformity between the provisions of the treaty and the provisions of Vietnamese law; explanation and assimilation of opinions of the agencies; issues with divergent opinions between the proposing agency and related agencies and organizations, between the Vietnamese partner and the foreign donor or lender, and proposed solutions; proposals on the conclusion and authorization for conclusion.

3. The order, procedures, and dossiers for approval of a framework treaty on ODA loans or foreign concessional loans in the name of the Government:

a) In case a framework treaty in the name of the Government contains provisions requiring approval or completion of legal procedures of each country to take effect, or contains provisions contrary to regulations in legal documents of the Government, after the treaty is concluded, the Ministry of Finance shall consult the Ministry of Foreign Affairs and the Ministry of Justice on the proposal of approval of the treaty. The consulted agencies shall give their written opinions within 07 working days after receiving a dossier for consultation;

b) The Ministry of Finance shall report to the Government for the latter to approve the treaty on ODA loans or foreign concessional loans;

c) The dossier to be submitted for approval must comprise: The request for approval of the treaty; and the written framework treaty;

4. The order, procedures, and dossiers for amendment, supplementation, and renewal of a framework treaty on ODA loans or foreign concessional loans in the name of the Government:

a) In case a framework treaty on ODA loans or foreign concessional loans is linked to a specific program or project, ministries, central-level agencies, provincial-level People's Committees, state-owned enterprises, and subsidiaries shall send to the Ministry of Finance a written request for amendment, supplementation or renewal of the framework treaty on ODA loans or foreign concessional loans;

b) The Ministry of Finance shall consult the Ministry of Foreign Affairs, the Ministry of Justice; the Ministry of Public Security, the Ministry of National Defence (if the project is related to security and national defense), and related agencies on the request for amendment, supplementation or renewal of the framework treaty on ODA loans or foreign concessional loans. The consulted agencies shall give their written opinions within 07 working days after receiving a dossier for consultation;

c) The Ministry of Finance shall report to the Government for the latter to decide on the amendment, supplementation or renewal of the framework treaty on ODA loans or foreign concessional loans;

d) In case the amendment, supplementation or renewal of the framework treaty on ODA loans or foreign concessional loans, which is linked to a specific program or project, is due to changes in the details of the program's or project's investment policy decision or investment decision (except for programs and projects in the fields of security and national defense) approved by the competent authority: The Ministry of Finance shall carry out the procedures for amending, supplementing or renewing the framework treaty on ODA loans or foreign concessional loans in accordance with Point a, Point c of this Clause;

dd) The dossier to be submitted for the amendment, supplementation or renewal of the framework treaty must comprise: the request proposing the amendment, supplementation or renewal of the framework treaty; opinions of the Ministry of Foreign Affairs, the Ministry of Justice, and related agencies (in case they are consulted); the adjusted investment policy decision or adjusted investment decision on the program or project approved by the competent authority (in case it is linked to a specific program or project); the draft of the amendment or supplement (if any); and opinions of the foreign donor or foreign lender;

e) The request proposing the amendment, supplementation or renewal of the framework treaty must comprise: the purpose, requirements, legal basis, and legal consequences of the amendment, supplementation or renewal of the treaty; details of the treaty proposed to be amended, supplemented or renewed; explanation and assimilation of opinions of the agencies (in case they are consulted); and proposed solutions.

5. The order, procedures, and dossiers for termination of a framework treaty on ODA loans or foreign concessional loans in the name of the Government:

a) The termination of the whole or part of the framework treaty shall be carried out in accordance with the provisions of such treaty or the agreement between the Vietnamese partner and the foreign donor or lender;

b) The order, procedures and dossiers for termination of the framework treaty must comply with Clause 4 of this Article.

6. In case the Ministry of Finance determines that the treaty can be approved immediately after its conclusion, is clear and detailed enough for implementation, does not require amendment or supplementation of legal documents, and has gathered all necessary documents in the dossier proposing the approval of the treaty as specified in Clause 3 of this Article, the Ministry of Finance shall summarize the checking opinions of the Ministry of Foreign Affairs; the appraisal opinions of the Ministry of Justice, and the opinions of related agencies, to submit to the Government for the latter to decide on simultaneous conclusion and approval of the treaty on ODA loans or foreign concessional loans. The dossier proposing the simultaneous conclusion and approval shall comply with Clause 2, Clause 3 of this Article.

7. In case multiple treaties are to be concluded according to the phases of a program or project funded by ODA loans or foreign concessional loans:

a) For the treaty concluded for the first loan: To comply with Clause 1, Clause 2, and Clause 3 of this Article;

b) For the treaty concluded for subsequent loans: At the proposal of ministries, central agencies, provincial-level People's Committees, state-owned enterprises, and subsidiaries regarding the need for a subsequent loan; the ODA loan or foreign concessional loan limit approved by the competent authority in the investment decision; and the project implementation progress and disbursement results under concluded treaties, the Ministry of Finance shall assume the prime responsibility for, and coordinate with related agencies in, determining the value of the subsequent loan, exchanging opinions and reaching agreement with the foreign lender, and carrying out the procedures specified in Clause 1, Clause 2 and Clause 3 of this Article.

8. In case a treaty requires legal opinions of the Ministry of Justice: After receiving a complete dossier as specified by current regulations on issuance of legal opinions, the Ministry of Justice shall carry out procedures to issue legal opinion in accordance with law.

Article 30d. The order, procedures, and dossiers for negotiation, conclusion, ratification, approval, amendment, supplementation, renewal, or termination of a treaty on non-refundable ODA

1. The order, procedures, and dossiers for negotiation, conclusion, ratification, approval, amendment, supplementation, renewal, or termination of a treaty on non-refundable ODA linked to loans must comply with Articles 30a, 30b, 30c of this Decree.

2. The order, procedures, and dossiers for negotiation, conclusion, ratification, approval, amendment, supplementation, renewal, or termination of a treaty on independent non-refundable ODA must comply with the Law on Treaties.”.

17. To amend and supplement Clause 2, Article 31 as follows:

“2. For specific agreements on ODA loans or foreign concessional loans: Grounds for proposing the conclusion of such an agreement include the framework treaty or framework agreement on ODA loans or foreign concessional loans (in case such framework treaty or framework agreement has been concluded); the program or project investment decision; and the documents on the budget support loans approved by the competent authorities.”.

18. To amend the title of Article 33 as follows:

“Article 33. The order and procedures for conclusion, amendment, supplementation or renewal of an agreement on ODA loans or foreign concessional loans”.

19. To amended and supplement a number of points and clauses of Article 33 as follows:

a) To amend and supplement the title of Clause 1 as follows:

“1. The order and procedures for conclusion of the framework agreement on ODA or foreign concessional loans:”

b) To amend and supplement Point c, Clause 1 as follows:

“c) The Ministry of Finance shall consult the Ministry of Foreign Affairs, the Ministry of Justice; the Ministry of Public Security, the Ministry of National Defence (if the project is related to security and national defense), and related agencies on the framework agreement on ODA loans or foreign concessional loans. The consulted agencies shall reply in writing to the Ministry of Finance within 07 working days after receiving the consultation request and related documents;”;

c) To amend and supplement Point a, Clause 3 as follows:

“a) In pursuance to Article 31 of this Decree and the request of ministries, central agencies, provincial-level People's Committees, state-owned enterprises, and subsidiaries, the Ministry of Finance shall request the foreign donor or foreign lender to send the draft agreement on ODA loans or foreign concessional loans;”;

d) To amend and supplement Point c, Clause 3 as follows:

“c) The Ministry of Finance shall consult the Ministry of Foreign Affairs, the Ministry of Justice; the Ministry of Public Security, the Ministry of National Defence (if the project is related to security and national defense), and related agencies on the draft agreement on ODA loans or foreign concessional loans. The consulted agencies shall reply in writing to the Ministry of Finance within 07 working days after receiving the consultation request and related documents;”;

dd) To amend and supplement Point dd, Clause 3 as follows:

“dd) Based on negotiation results, the Ministry of Finance shall propose the Prime Minister to decide on the conclusion of the agreement on ODA loans or foreign concessional loans with the foreign lender;

e) To amend and supplement Clause 4 as follows:

“a) Ministries, central-level agencies, provincial-level People's Committees, state-owned enterprises, and subsidiaries shall send to the Ministry of Finance a written request for amendment, supplementation or renewal of the agreement on ODA loans or foreign concessional loans;

b) The Ministry of Finance shall consult the Ministry of Foreign Affairs, the Ministry of Justice; the Ministry of Public Security, the Ministry of National Defence (if the project is related to security and national defense), and other related agencies on the request for amendment, supplementation or renewal of the agreement on ODA loans or foreign concessional loans. The consulted agencies shall reply in writing within 07 working days after receiving the consultation request and related documents;

c) The Ministry of Finance shall report to the Prime Minister for the latter to approve the amended, supplemented or renewed details of the agreement on ODA loans or foreign concessional loans that increase the foreign debt repayment obligation of the Government;

d) In pursuance to the Prime Minister’s approval, the Ministry of Finance shall carry out procedures for amending, supplementing or renewing the agreement on ODA loans or foreign concessional loans with the foreign donor or lender;

dd) In case the amendment, supplementation or renewal of the agreement on ODA loans or foreign concessional loans is due to changes in the details of the program's or project's investment policy decision or investment decision (except for programs and projects in the fields of security and national defense) approved by the competent authority and increases the foreign debt repayment obligation of the Government: The Ministry of Finance shall follow the order and procedures for amending, supplementing or renewing the agreement on ODA loans or foreign concessional loans as specified at Points a, c, d of this Clause;

e) In case the amendment, supplementation or renewal of the agreement on ODA loans or foreign concessional loans is linked to the amendment, supplementation or renewal of the relevant framework treaty approved by the competent authority and increases the foreign debt repayment obligation of the Government: The Ministry of Finance shall carry out the order and procedures for amending, supplementing or renewing the agreement on ODA loans or foreign concessional loans specified at Point c, Point d of this Clause;

g) In case the amendment, supplementation or renewal of the agreement on ODA loans or foreign concessional loans does not increase the foreign debt repayment obligation of the Government relating to the adjustment of the duration of project implementation, the disbursement period, and the allocated structure of ODA loans and foreign concessional loans in the loan agreement, the Ministry of Finance shall decide on the amendment, supplementation or renewal of the loan agreement without having to consult related agencies as specified at Point b of this Clause, and carry out the procedures with the foreign lender;

h) In case the amendment, supplementation or renewal does not increase the foreign debt repayment obligation of the Government and is not specified at Point g of this Clause, the Ministry of Finance shall consult the Ministry of Foreign Affairs, the Ministry of Justice; the Ministry of Public Security, the Ministry of National Defence (if the project is related to security and national defense), and related agencies. The Ministry of Finance shall decide on the amendment, supplementation or renewal of the loan agreement and carry out the procedures with the foreign lender.”.

20. To amend and supplement Clause 4, Article 36 as follows:

“4. To organize the monitoring and inspection of plan implementation; to supervise and evaluate the implementation and capital disbursement, ensuring that the program or project is implemented on schedule, with quality, and achieves the set objectives in accordance with the law regulations on public investment and this Decree’s provisions on monitoring and evaluation. For programs, projects, and non-project activities being implemented for which the Ministry of Public Security and the Ministry of National Defence have recommendations on security and national defense, the managing agency shall summarize and assess the implementation results of such recommendations in the annual periodic report and send it to the Ministry of Public Security and the Ministry of National Defence.”.

21. To amend and supplement Clause 3, Article 37 as follows:

“3. To assume the responsibility for disbursing capital and managing finances and assets of the program or project in case the program or project owner manages and implements the program or project by itself.”.

22. To amend and supplement Point b, Clause 4 of Article 44 as follows:

b) In case loans are wholly on-lent to enterprises: Project owners shall themselves arrange the counterpart funds for the programs/projects as specified before signing the on-lending agreements.”.

23. To amend and supplement the title of Chapter VI as follows:

“Chapter VI

STATE-OWNED ENTERPRISES USING ODA AND FOREIGN CONCESSIONAL LOANS.

24. To amend and supplement Article 51 as follows:

“1. Conditions for using ODA loans and foreign concessional loans:

a) State-owned enterprises, and companies with 100% of their charter capital held by enterprises whose charter capital is 100% held by the State (hereinafter referred to as subsidiaries) may use ODA loans and foreign concessional loans;

b) State-owned enterprises and their subsidiaries shall borrow wholly on-lent ODA loans and foreign concessional loans in accordance with the Government’s regulations on on-lending of ODA loans and foreign concessional loans;

c) For non-refundable ODA linked to loans (if any) used to implement investment projects, in case the state-owned enterprise is the project owner, the state-owned enterprise shall accept recording an increase in the state capital in the enterprise; in case the subsidiary is the project owner, the state-owned enterprise shall accept recording an increase in the state capital in the enterprise and the subsidiary shall accept recording an increase in the state-owned enterprise's investment in the subsidiary.

2. State-owned enterprises and their subsidiaries may use ODA loans and foreign concessional loans to invest in projects in the priority fields specified in Article 5 of this Decree in conformity with the business lines stated in their establishment decisions or enterprise registration certificates.”.

25. To add Article 52a before Article 52 as follows:

“Article 52a. Proposal of ODA loans or foreign concessional loans

1. The order and procedures for preparation and approval of the proposal of loans:

a) For programs and projects invested by state-owned enterprises: The state-owned enterprise shall send the proposal of ODA loans or foreign concessional loans, made using the Form in Appendix II to this Decree, to the Ministry of Finance;

For programs and projects invested by subsidiaries: The subsidiary shall formulate the loan proposal and send it to the state-owned enterprise for the latter to send the loan proposal to the Ministry of Finance;

c) The Prime Minister shall consider and approve the proposal of ODA loans or foreign concessional loans for the program or project with the following principal details: The expected lender; purpose of using the loans; foreign loan value (calculated in original currency); domestic financial mechanism (wholly allocated, wholly on-lent, partially allocated and partially on-lent with a specific on-lending ratio), and on-lending method;

d) The Ministry of Finance shall officially notify the lender of the approval of the loan proposal.

2. Dossier and time limit for considering the proposal of ODA loans or foreign concessional loans:

a) A dossier shall comprise: The state-owned enterprise's document on the proposal of ODA loans and foreign concessional loans; a written expression of the lender's interest (if any);

3. Adjustment of the proposal of ODA loans or foreign concessional loans for the program or project:

b) In case of changes in the details of the loan proposal approved by the Prime Minister specified at Point c, Clause 1 of this Article, except for the details specified at Point a, Clause 3 of this Article: The state-owned enterprise shall send a written document and a report on the reason for adjustment to the Ministry of Finance for the latter to submit to the Prime Minister for consideration and approval before carrying out procedures for investment approval or adjusted investment approval in accordance with regulations.”.

26. To amend and supplement Article 52 as follows:

“1. The competence to approve investment policy must comply with the Law on Investment and relevant law regulations.

2. The dossier, order, and procedures for approval of the investment policy:

a) Comply with the Law on Investment and other relevant law regulations;

b) Opinions of the Ministry of Finance (not applicable to programs or projects whose investment policy must be approved by the National Assembly or the Prime Minister).

3. The state-owned enterprise or subsidiary shall send the written approval of the investment policy to the Ministry of Finance for the latter to request official financing from the lender.”.

27. To amend and supplement Clause 1, Article 55 as follows:

“1. The on-lending of ODA loans and foreign concessional loans to state-owned enterprises and their subsidiaries must comply with the Law on Public Debt Management and the Government’s regulations on on-lending of ODA loans and foreign concessional loans.”.

28. To amend and supplement Article 56 as follows:

“1. The adjustment of investment programs and projects must comply with the Law on Investment and relevant law regulations.

2. In case the program or project has its total investment or foreign loan value adjusted due to exchange rate changes; a decrease in ODA or foreign concessional loans does not incur financial obligations and does not lead to changes in other details of the decision on approval of the investment policy as specified in the Law on Investment, the state-owned enterprise or the subsidiary is not required to follow the order and procedures for deciding on the adjustment of the investment policy approval.”.

29. To add Article 56a following Article 56 as follows:

“Article 56a. Cessation of the use of ODA or foreign concessional loans

1. Cessation of the use of ODA or foreign concessional loans before a program or project is implemented:

The use of ODA or foreign concessional loans may be ceased before the ODA or foreign concessional loans are disbursed for the program or project as follows:

a) The state-owned enterprise shall consult the Ministry of Finance and related agencies, and report to the Prime Minister on the cessation of the use of ODA loans or foreign concessional loans.

Subsidiaries shall send to the state-owned enterprise the proposal on the cessation of the use of ODA loans or foreign concessional loans for the state-owned enterprise to consult the Ministry of Finance and related agencies, and report to the Prime Minister on the cessation of the use of ODA loans or foreign concessional loans;

b) In pursuance to the Prime Minister's decision and the request of the state-owned enterprise, the Ministry of Finance shall carry out the procedures for ceasing the use of ODA loans or foreign concessional loans with the foreign lender or donor;

c) The dossier, details, and time limit for deciding on the cessation of the use of ODA loans or foreign concessional loans must comply with Clause 4, Article 22 of this Decree.

2. Cessation of the use of ODA or foreign concessional loans for programs or projects during implementation:

The use of ODA or foreign concessional loans may be ceased after the ODA or concessional loans are disbursed for the program or project as follows:

a) The state-owned enterprise shall consult the Ministry of Finance and related agencies, and report to the Prime Minister on the cessation of the use of ODA loans or foreign concessional loans.

c) The dossier, details, and time limit for deciding on the cessation of the use of ODA loans or foreign concessional loans must comply with Clause 4, Article 23 of this Decree.

3. After completing the procedures for ceasing the use of ODA loans or foreign concessional loans as specified in Clauses 1 and 2 of this Article, the state-owned enterprise or subsidiary shall carry out the procedures for adjusting the investment project in accordance with the Law on Investment and relevant law regulations.

4. For a program or project whose deadline for disbursement under the treaty or agreement on ODA or foreign concessional loans has ended but which continues to be implemented with domestic funding sources or other funding sources, the state-owned enterprise or the subsidiary is not required to report to the Prime Minister on the cessation of the use of ODA or foreign concessional loans, but shall notify the Ministry of Finance in writing of the discontinuation of the use of ODA or foreign concessional loans.”.

30. To amend and supplement Clause 2, Article 59 as follows:

“2. Counterpart fund account: The project owner shall open accounts at the State Treasury office in the locality where its headquarters is located or a place convenient for transactions (hereinafter referred to as the State Treasury office where the project owner conducts transactions) to disburse counterpart funds (domestic funds) of the project unless loans are wholly on-lent to enterprises.”.

31. To amend and supplement Clause 1, Article 61 as follows:

“1. Being selected from among banks with experience in international payment to conduct transactions for programs and projects using ODA loans and foreign concessional loans based on the rating by international credit rating agencies; meeting standards on banking operations, and complying with regulations on prudential ratio limits in banking operations.”.

32. To amend and supplement clauses of Article 68 as follows:

a) To amend and supplement Clause 3 as follows:

“3. The order, procedures and dossiers for payment certification, and requests for payment of investment capital must comply with the Government’s Decree on the management, payment, and account finalization of projects using public investment funds and this Decree. The order, procedures and dossiers for funds for payment of recurrent expenditures of the project owner must comply with the law regulations on administrative procedures applicable in the State Treasury sector.”;

b) To amend and supplement Clause 7 as follows:

“7. Based on the project owner's dossier requesting payment certification under any form, the certifying agency shall base on the completeness and contents of the dossier sent by the project owner in accordance with regulations, to carry out the payment certification for the project owner in accordance with current regulations applicable to state budget funds within the limits of the foreign fund plan, the approved annual on-lending plan, and the adjusted or supplemented fund plan during the year (if any) approved by the competent authority.

The project owner shall take responsibility for the level of advance payments and recovery of advance payments in accordance with the contract, the method of contractor selection, the accuracy and lawfulness of the work volume accepted for payment, norms, unit prices, cost estimates for different types of jobs, work quality, the requested payment value, data and documents provided to the certifying agency, and compliance with current regulations. The project owner shall manage and use loans for proper purposes and eligible subjects in an economical and efficient manner, and comply with the on-lending ratio (for cases of pro rata partial on-lending of loans) approved by the competent authority no later than the project completion year and regulations on the financial management regime applicable to ODA loans and foreign concessional loans.”.

33. To amend and supplement a number of Clauses of Article 70 as follows:

a) To amend and supplement Clause 1 as follows:

“1. Up-front payment certification shall be carried out before the project owner withdraws funds to make payment to contractors or beneficiaries, and applies to expenditures other than those specified in Clause 2 of this Article.”;

b) To amend and supplement the first paragraph of Clause 2 as follows:

“2. Post-payment certification shall be carried out after the project owner withdraws funds to make payment to contractors or beneficiaries. Post-payment certification applies to:”;

34. To amend a number of Points and Clauses of Article 73 as follows:

a) To amend and supplement Point c, Clause 2 as follows:

c) The disbursed ODA loan or foreign concessional loan amounts shall be transferred to the State Treasury account of the program- or project-implementing unit. The spending of the disbursed amounts must comply with the current regulations on management of state budget funds. At the end of a budgetary year, the balance of foreign fund estimates shall be handled under the current regulations on management of state budget funds; the cash balance on the advance account may be further used for activities of the program or project in the subsequent budgetary year under regulations;”;

b) To amend and supplement Point b, Clause 3, Article 73 as follows:

b) After the foreign donor issues a notice stating that the Vietnamese partner has fulfilled the prerequisites for fund withdrawal under the treaty or agreement on ODA loans or foreign concessional loans, the project owner shall prepare a dossier of request for fund withdrawal according to the form issued by the foreign lender and appropriate to each form of fund withdrawal, and send it to the Ministry of Finance;”;

c) To amend and supplement Point dd, Clause 3 as follows:

“dd) Procedures for fund withdrawal by electronic means shall be carried out on the Ministry of Finance’s Public Service Portal or the National Public Service Portal and applied to all dossiers of request for fund withdrawal, except special cases specified by the Ministry of Finance in decisions on announcement of administrative procedures concerning withdrawal of foreign loans and projects involving state secrets. In case the dossier of request for fund withdrawal and the information in the dossier are incomplete and not in accordance with this Decree, the Ministry of Finance shall return the fund withdrawal dossier on the electronic fund withdrawal system for the project owner to complete and supplement the dossier in accordance with this Decree. The time limit for returning the dossier of request for fund withdrawal is 04 working days. Particularly for the expenditure report dossier, it is 07 working days.”.

35. To amend and supplement Clause 1, Article 78 as follows:

“1. For the amounts directly disbursed and payments made via Letters of Credit in foreign currencies by the donor to contractors and suppliers, the accounting in Vietnamese Dong shall apply the accounting exchange rate specified by the Ministry of Finance.”.

36. To amend and supplement a number of Clauses of Article 85 as follows:

a) To amend and supplement Clause 2, Article 85 as follows:

“2. The Ministry of Finance shall include plans on non-refundable ODA linked to loans that are allocated funds for payment of recurrent expenditures allocated to ministries, ministerial-level agencies, central agencies and provincial-level People’s Committees in annual state budget estimates.”;

b) To amend and supplement Clause 5 as follows:

“5. Projects having solely recurrent expenditures must apply the recurrent expenditure accounting regime. For projects having both investment expenditures and recurrent expenditures, project owners shall propose managing agencies to decide to apply an appropriate accounting regime.”;

c) To amend and supplement Clause 6 as follows:

“6. Within 06 months after completing disbursement, for projects using non-refundable ODA linked to loans that are allocated funds for payment of recurrent expenditures, the project owners shall make an account finalization report upon project completion on the basis of summing up all account finalization data of every year during the project implementation period with approved final accounts notified by competent agencies, and send it to managing agencies. Managing agencies shall sum up and send the report to the Ministry of Finance.”;

d) To amend and supplement Clause 7 as follows:

“7. Project owners (state budget users) shall formulate and send annual account finalization statements or annual financial statements to managing agencies (direct superior accounting units) or send them to finance agencies (if no superior accounting units are available) in accordance with the law guiding the recurrent expenditure accounting regime. The formulation, review, and summarization of the annual account finalization must comply with the Government’s regulations.”.

37. To amend and supplement a number of Clauses of Article 86 as follows:

a) To amend and supplement Clause 1 as follows:

“1. In case non-refundable ODA for recurrent expenditures are implemented by the Vietnamese partner, the estimation, accounting, revenue and expenditure recording, and account finalization must comply with the law regulations on the state budget and this Decree. For non-refundable ODA for investment expenditures implemented by the Vietnamese partner, the plan formulation, payment certification, revenue and expenditure recording, accounting, and account finalization must comply with the law regulations on public investment and this Decree. In case a new project or non-project activity arises in the year, exceeding the estimates assigned by the competent authority, the project owner shall make additional estimates in accordance with the law regulations on the state budget, public investment, and relevant law regulations.”;

b) To amend and supplement Clause 3 as follows:

“3. Non-refundable ODA implemented by the Vietnamese partner in the fields of science, technology, innovation, and digital transformation shall be summarized into the estimates for the fields of science, technology, innovation, and digital transformation according to the processes and regulations of the Law on the State Budget and Article 63 of the Law on Science, Technology and Innovation.”;

c) To amend and supplement Clause 5 as follows:

“5. For non-refundable ODA allocated to state-owned enterprises and their subsidiaries for implementation of technical assistance projects, depending on the form of program or project management, or non-project activity, the non-refundable ODA shall be accounted as state budget revenue and state budget expenditure to increase the state capital in such state-owned enterprises and subsidiaries. For non-refundable ODA allocated to state-owned enterprises and their subsidiaries for implementation of investment projects, the non-refundable ODA shall be accounted as state budget revenues and as state budget expenditures to increase state capital at the state-owned enterprises and their subsidiaries.”.

38. To amend and supplement Clause 1, Article 87 as follows:

“1. Counterpart fund account: The project owner shall open an account at the State Treasury office where the project owner conducts transactions to make payments from the counterpart funds of the program or project.”.

39. To amend and supplement Clause 1, Article 88 as follows:

“1. In pursuance to the decisions on approval of project/non-project activity documentation or program or project investment decisions; and treaties or agreements on non-refundable ODA (if any), letters of expression of interest or written commitments from foreign donors, project owners shall formulate annual plans on revenues and expenditures from the source of non-refundable ODA in accordance with the Law on the State Budget and relevant laws, and send them to managing agencies for summarization.”.

40. To amend and supplement Article 89 as follows:

“Article 89. Fund withdrawal, disbursement, accounting, recording of revenues and expenditures from the source of non-refundable ODA in cash

1. For non-refundable ODA-funded programs and projects allocated from the public investment plan: The dossiers and procedures for certification via the State Treasury must comply with the Government’s regulations on the management, payment, and account finalization of public investment projects.

2. For non-refundable ODA-funded technical assistance programs and projects: The project owner shall open an account to receive non-refundable ODA at the State Treasury or a commercial bank; based on the request of the project owner and within the limit of the estimate assigned by the competent authority, the State Treasury or commercial bank shall make payments to the project owner in accordance with regulations.

3. In case non-refundable ODA is withdrawn from the donor without going through the Ministry of Finance: the project owner shall carry out fund withdrawal in accordance with the donor's regulations. In case non-refundable ODA is withdrawn from the donor through the Ministry of Finance: the forms, timelines, order, and procedures for fund withdrawal must comply with Articles 71, 72, and 73 of this Decree.

4. Accounting and recording of revenues and expenditures for programs and projects: Monthly or whenever an expenditure arises from the non-refundable ODA account, the project owner shall prepare a dossier for recording revenues and expenditures in accordance with the Government's regulations on administrative procedures in the State Treasury sector, and send it to the State Treasury for detailed accounting according to the state budget index. Advance amounts paid under regulations shall be accounted as advance expenditures. Advance amounts recovered shall be accounted as a decrease in advance expenditures. The payments for completed volumes shall be accounted as revenues and expenditures as actually arising and account-finalized in the annual budget funds.

5. Interests on deposits from the source of non-refundable ODA generated on deposit accounts shall be separately accounted and may be used to pay banking service charges under regulations. Banking service charges constitute an expenditure of the project.

6. Upon completion of spending activities on the non-refundable ODA account opened at a commercial bank or the State Treasury, in case there is a remaining balance of interest on non-refundable ODA deposits after paying banking service charges, it shall be used in accordance with Clause 3, Article 48 of this Decree.”.

41. To amended and supplement a number of points and clauses of Article 90 as follows:

a) To amend and supplement Point a, Clause 1 as follows:

“a) The relevant specific treaty or specific agreement on non-refundable ODA or written correspondences on commitment on provision and receipt of non-refundable ODA (01 photocopy certified with the seal of the managing agency or the project owner).”;

b) To amend and supplement the first paragraph of Clause 2 as follows:

“2. A dossier for tax refund for goods or services domestically purchased with non-refundable ODA sent to a tax office must comprise:”;

c) To amend and supplement Points c and d, Clause 2 as follows:

“c) Other papers as specified by laws concerning tax refund; in case the tax refund dossier specified by the law regulations on tax administration differs from this Clause, the law regulations on tax administration shall prevail;

d) A copy of the request for recording state budget revenues and expenditures for domestically purchased goods and services for technical assistance programs and projects, and non-project activities, or the written request for fund payment (in case of receiving non-refundable ODA in cash allocated from public investment funds).”;

d) To amend and supplement Point d, Clause 3 as follows:

“d) For imported goods: Contracts, bills of lading or other transport documents of equivalent validity, commercial invoices or imported goods declaration forms if there is no commercial invoice (01 photocopy certified with the seal of the managing agency or the project owner). For domestically purchased goods, purchase and sale contracts, value-added tax invoices and goods handover minutes (01 photocopy certified with the seal of the managing agency or the project owner);”.

42. To amended and supplement a number of points and clauses of Article 91 as follows:

a) To amend and supplement Clause 3 as follows:

“3. To assume the prime responsibility for determining the demand for development investment funds from ODA and concessional loans; submit to the Prime Minister proposals for ODA loans or foreign concessional loans for programs and projects, and notify foreign lenders of the borrowing demand, or the cessation of the use of ODA loans or foreign concessional loans for programs and projects.”;

b) To amend and supplement Clause 4 as follows:

“4. To assume the prime responsibility for, and coordinate with related agencies in, appraising funding sources and fund-balancing capacity for ODA- or foreign concessional loan-funded investment projects under its competence in accordance with the Law on Public Investment.”;

c) To amend and supplement Clause 5 as follows:

“5. To summarize information and submit to the Prime Minister for consideration and decision the policy for Vietnam’s participation in regional programs and projects and identify the managing agencies of programs and projects according to its competence; to send official notices of approved programs, projects or non-project activities to foreign donors and request consideration of donation after investment policy of programs and projects and documentation of technical assistance projects or non-project activities are decided by competent authorities.”;

d) To amend and supplement Clause 11 as follows:

“11. To assume the prime responsibility for evaluating loan proposals and domestic financial mechanisms for programs and projects using ODA loans and foreign concessional loans.”.

dd) To amend and supplement Clause 12 as follows:

“12. To assume the prime responsibility for, and coordinate with related agencies in, submitting to competent authorities the negotiation, conclusion, ratification, approval, amendment, supplementation, renewal, and termination of treaties and agreements on ODA or foreign concessional loans according to their competence, unless otherwise specified in Clause 12a of this Article;”;

e) To add Clause 12a after Clause 12 as follows:

“12a. To assume the prime responsibility for the amendment, supplementation or renewal of agreements on ODA loans or foreign concessional loans in the name of the Government for amendments, supplementations or renewals that do not increase the foreign debt repayment obligation of the Government;”;

g) To amend and supplement Clause 13 as follows:

“13. To act as the official representative of “the borrower” with regard to ODA loans or foreign concessional loans borrowed in the name of the State or the Government from foreign donors or lenders.”;

h) To add Clause 15a after Clause 15 as follows:

“15a. To assume the prime responsibility for withdrawing ODA loans and foreign concessional loans for disbursement to programs and projects.”;

i) To amend and supplement Point g, Clause 16 as follows:

“g) To conclude on-lending contracts, on-lending authorization contracts, organize the on-lending and recover the on-lent funds to implement treaties or agreements on ODA loans or foreign concessional loans for programs and projects to which the state budget's on-lending mechanism applies;”.

43. To amend and supplement Clause 2, Article 96 as follows:

“2. To prepare proposals for ODA loans and foreign concessional loans, investment policy proposal reports or prefeasibility study reports, and documentation of the project or non-project activity, and submit them to competent authorities for decision or approval according to their competence.”.

44. To amend and supplement a number of Clauses of Article 97 as follows:

a) To amend and supplement Clause 3 as follows:

“For programs and projects using ODA loans or foreign concessional loans for which the project proposals or policies on mobilization and use of loans were approved by the Prime Minister before the effective date of this Decree, they shall continue to carry out the procedures for approving investment policies and making investment decisions in accordance with this Decree. In case of changes to the following details: Expected lender; purpose of using the loans; foreign loan value (calculated in original currency), the adjustment of the loan proposal shall be carried out in accordance with this Decree.”;

b) To amend and supplement Clause 4 as follows:

“4. The Prime Minister’s decisions approving project proposals, and approving the policy on mobilization and use of ODA loans and foreign concessional loans, which are issued before the effective date of this Decree, serve as a basis for appraising and assessing the funding sources and fund-balancing capacity of the programs and projects.”;

c) To amend and supplement Clause 7 as follows:

“7. For non-refundable ODA-funded investment programs and projects with investment policy approved by competent authorities before the effective date of this Decree, the adjustment, if required, must comply with this Decree without having to carry out procedures for adjustment of investment policy.”;

d) To amend and supplement Clause 16 as follows:

“16. For programs, projects, and non-project activities using non-refundable ODA approved before the effective date of this Decree, starting from January 01, 2026, the financial management regime must comply with this Decree. For programs and projects still having unrecovered advance balances, the program or project owners shall continue to recover the advances until the advance balance is fully cleared and complete the account finalization in accordance with regulations.”.

45. To add the ODA loan or foreign concessional loan proposal form in Appendix II as follows:

ODA LOAN OR CONCESSIONAL LOAN PROPOSAL FORM
(Attached to the Government’s Decree No. …/2026/ND-CP dated … 2026)
^{_________________}

1. The foreign lender and co-donor (if any) (Clearly stating the reason for using ODA and concessional loans from the donor).

2. Name of the managing agency, the project owner (investor), the on-borrower (for on-lent projects).

3. Expected total foreign funds: non-refundable ODA, ODA loans, and foreign concessional loans in original currencies (using the accounting exchange rates announced by the Ministry of Finance at the time of proposal).

4. Loan conditions: Loan term (including grace period), expected interest rate (floating/fixed), fees (if any), and binding conditions (if any).

5. Purpose of using the loans (stating the name of the program or project; the necessity of the loan to finance the program or project; the overall objectives, and scope of the program or project using the loans).

6. Expected annual disbursement schedule (linked to the duration of the program or project implementation).

7. Domestic financial mechanism: Allocation or on-lending (on-lending ratio; on-lending method).

8. Expected source for repayment.”.

46. To amended and supplement a number of items, points and clauses of Appendix V as follows:

a) To amend and supplement Point c, Clause 1, Section I as follows:

“c) The summary table of contract information.

The summary table of contract information must state the contractual provisions stipulating that payment documents for each payment under the L/C must be certified by the fund payment certifying agency. For each payment under the L/C, the project owner shall provide the written request for payment certified by the fund payment certifying agency for the current or previous payment depending on whether the form is up-front payment certification or post-payment certification;”;

b) To amend and supplement Point b, Clause 1, Section II as follows:

“b) Invoices or payment requests of contractors or suppliers (certified true copies), tables of determination of the value of performed work volumes (photocopies);”;

c) To amend and supplement Clause 2, Section II as follows:

“2. In addition to the above-mentioned documents, for contract advance payments that require an advance payment guarantee signed with contractors, suppliers, and consultants, the project owner shall send the Ministry of Finance the contract performance guarantees, advance payment guarantees, and warranty guarantees of commercial banks (certified true copies). The value of the advance payment guarantee must at least equal the advance amount; the validity period of the advance payment guarantee must be extended until the project owner has fully recovered the advanced funds, and must be specifically stated in the contract and the advance payment guarantee document. In case the advance payment guarantee expires, the project owner shall be responsible for requesting and urging the contractor to carry out the procedures for renewing the advance payment guarantee and resending it to the Ministry of Finance. The project owner shall monitor the validity period of advance payment guarantees.”.

d) To amend and supplement the 2^nd hyphen bullet of Clause 1, Section III as follows:

“- The summary table of contract information. The summary table of contract information must state the contractual provisions stipulating that payment documents for each payment under the L/C must be certified by the fund payment certifying agency. For each payment under the L/C, the project owner shall provide the written request for payment certified by the fund payment certifying agency for the current or previous payment depending on whether the form is up-front payment certification or post-payment certification;”;

dd) To amend and supplement item (iii), Point b, Clause 4, Section V as follows:

“(iii) Written requests for payment of investment capital certified by the certifying agency (originals or documents stamped on the top left corner with the seal affixed across pages by project owners in case of electronic payment certification); accounting tables recording revenues and expenditures from the source of ODA and concessional loans. For contract advance payments requiring an advance payment guarantee signed with contractors or suppliers, the project owner shall send the Ministry of Finance the contract performance guarantees, advance payment guarantees, and warranty guarantees of commercial banks (photocopies); the value of the advance payment guarantee must equal the advance amount; the validity period of the advance payment guarantee must be extended until the project owner has fully recovered the advanced funds, and must be specifically stated in the contract and the advance payment guarantee document. In case the advance payment guarantee expires, the project owner shall be responsible for requesting and urging the contractor to carry out the procedures for renewing the advance payment guarantee and resending it to the Ministry of Finance. The project owner shall monitor the validity period of advance payment guarantees;”.

Article 2. Annulling a number of points, clauses, and Articles of the Government’s Decree No. 242/2025/ND-CP dated September 10, 2025 on the management and use of official development assistance (ODA) and foreign concessional loans and the Government’s Decree No. 275/2025/ND-CP dated October 18, 2025 amending and supplementing a number of articles of the Government’s Decree No. 85/2025/ND-CP of April 8, 2025, detailing a number of articles of the Law on Public Investment

1. To annul: Point b, Clause 1 and Point b, Clause 3, Article 33; Clause 2, Article 68; Clause 1, Article 85; and Clause 10, Article 91.

2. To annul Clause 3, Article 15a, which was amended under Clause 7, Article 1 of the Government’s Decree No. 275/2025/ND-CP dated October 18, 2025 amending and supplementing a number of articles of the Government’s Decree No. 85/2025/ND-CP of April 8, 2025, detailing a number of articles of the Law on Public Investment.

Article 3. Replacing wording in a number of points, clauses, and Articles of the Government’s Decree No. 242/2025/ND-CP dated September 10, 2025 on the management and use of official development assistance (ODA) and foreign concessional loans

To replace the phrase “control of spending” with the phrase “payment certification” in the title of Section 3 of Chapter VII; Article 68; the title and Clause 3 of Article 69; Article 70; Clause 2 of Article 72; Point d, Clause 3 of Article 73; Clauses 2 and 3 of Article 74; the title and Clause 4 of Article 76; Clause 5 of Article 78; Clause 1 of Article 79; Clause 1 of Article 81; Clause 4 of Article 85; and Appendix V.

Article 4. Transitional provisions

1. For programs and projects whose project proposals or policies on mobilization and use of ODA loans or foreign concessional loans were approved before the effective date of this Decree, they are not required to carry out the procedures for loan proposals; in case of an increase in the loan value (in original currency) compared to the competent authority's decision on approval of the project proposal or the policy on mobilization and use of ODA loans or foreign concessional loans, they must carry out the procedures for loan proposals as specified in this Decree, except for national target programs, national important projects, public investment programs; and investment projects subject to the Prime Minister’s approval.

2. A treaty or agreement on ODA loans or foreign concessional loans for which the proposing agency has submitted dossiers to the competent authority for one of the procedures: negotiation, conclusion, approval, ratification, amendment, supplementation or renewal before the effective date of this Decree, shall continue to be implemented in accordance with Law No. 108/2016/QH13 on Treaties, if it is a treaty, or Law No. 20/2017/QH14 on Public Debt Management if it is an agreement on ODA loans or foreign concessional loans. The subsequent procedures shall be carried out in accordance with this Decree.

3. For national target programs; national important projects; public investment programs; and investment projects subject to the Prime Minister’s approval for which the decisions approving investment policy do not include the value of ODA loans or foreign concessional loans: Upon any increase in the total value of ODA loans or foreign concessional loans compared to the initial loan value approved in the investment decision, the competent authority that decided on the investment shall decide on the increase in ODA loans or foreign concessional loans and report to the Prime Minister on the decision on the fund increase.

4. The financial mechanisms and on-lending methods for programs and projects already approved by the Government, the Prime Minister, or competent authorities shall continue to be applied without changes during the implementation, unless otherwise specified in Clause 5 of this Article.

5. For programs and projects whose project proposals or policies on mobilization and use of ODA loans or foreign concessional loans were approved by the Prime Minister but their financial mechanisms have not defined specific on-lending ratios, in pursuance to the Decision of the Minister of Finance announcing the allocation list and on-lending ratios for provinces and centrally-run cities as specified in Clause 2, Article 7 of this Decree:

a) If a locality is eligible for being on-lent, the competent authority approving the investment policy shall approve the specific on-lending ratio in the decision approving the investment policy of the program or project in accordance with this Decree and the Government's regulations detailing on-lending of ODA loans and foreign concessional loans;

b) If a locality is not eligible for being on-lent, the provincial-level People's Committee shall carry out the procedures for loan proposals as specified in this Decree before submitting to the competent authority for approval of the program or project investment policy.

6. For programs and groups of projects applying the specific mechanism on public debt specified at Point 2, Article 3 of Law No. 141/2025/QH15 amending and supplementing a number of articles of the Law on Public Debt Management, ministries, central-level agencies, provincial-level People's Committees, and state-owned enterprises shall choose to continue applying the issued Resolutions or the Law No. 141/2025/QH15; and shall notify the Ministry of Finance in writing to serve as a basis for carrying out the subsequent order and procedures of the programs and projects in accordance with regulations, and are not allowed to change their choice during the process of approving and implementing the programs and projects.

7. For programs and projects entirely funded by ODA loans or foreign concessional loans on-lent to enterprises whose funding lists or investment policies were approved by the Prime Minister before the effective date of this Decree: Upon any cessation of the use of ODA or concessional loans, the former managing agencies of such programs or projects shall summarize opinions of the Ministry of Finance and related agencies, and report to the Prime Minister on the cessation of the use of ODA or concessional loans. In pursuance to the Prime Minister's decision and the request of the managing agency, the Ministry of Finance shall carry out the procedures for ceasing the use of ODA or concessional loans with the foreign lender or donor. The dossier, details, and time limit for deciding on the cessation of the use of ODA or concessional loans must comply with Clause 4, Article 23 of this Decree.

Article 5. Organization of implementation

1. Ministers, Heads of ministerial-level agencies, Chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall be responsible for implementing this Decree.

2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with other ministries and related agencies in, detailing and guiding the implementation of this Decree.

Article 6. Implementation provisions

1. In case the legal documents referred to in this Decree are replaced, amended or supplemented, the replacing, amending or supplementing documents shall prevail.

2. The issuance by the Minister of Finance of the Decision announcing the allocation list and on-lending ratios for provinces and centrally-run cities in the 2026 - 2030 period as specified in this Decree shall be implemented from the date of promulgation of this Decree.

3. This Decree takes effect from January 01, 2026.

ON BEHALF OF THE GOVERNMENT

FOR THE PRIME MINISTER

DEPUTY PRIME MINISTER

Bui Thanh Son

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Decree 119/2026/ND-CP amending Decree 242/2025/ND-CP management and use of ODA and foreign concessional loans

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