Decree No. 16/2016/ND-CP dated March 16, 2016 of the Government on management and use of official development assistance (ODA) and concessional loans of foreign donors

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ATTRIBUTE

Decree No. 16/2016/ND-CP dated March 16, 2016 of the Government on management and use of official development assistance (ODA) and concessional loans of foreign donors
Issuing body: GovernmentEffective date:
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Official number:16/2016/ND-CPSigner:Nguyen Tan Dung
Type:DecreeExpiry date:
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Issuing date:16/03/2016Effect status:
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Fields:Finance - Banking , Investment

SUMMARY

Priority fields for ODA and concessional loan use

On March 16, 2016, the Government issued the Decree No. 16/2016/ND-CP on management and use of official development assistance (ODA) and concessional loans of foreign donors.

Another important contents in this Decree are regulations on priority fields for ODA and concessional loan use such as support for implementation of socio-economic infrastructure projects; support for research and formulation of socio-economic development policies and strengthening of state management institutions; support for human resources development; scientific research and technology development; support for environmental protection, climate change response and green growth; use as investment funds of the State for the implementation of projects in the form of public-private partnership (PPP) and other priority fields as decided by the Prime Minister.

For program and project management, investment deciders shall establishing a specialized or regional project management unit to manage programs and projects and project components in the same specialized sector or implemented in a locality in the same region. However, cases not requiring establishment of a project management unit that the investment decider may decide not to establish a project management unit for technical assistance programs or projects funded by non-refundable ODA totaling less than USD 200,000; investment programs or projects funded by non-refundable ODA totaling less than USD 350,000 and regional programs and projects, sector-wide approach programs, budget support and non-project aid…

This Decree takes effect on May 2, 2016, and replaces the Government’s Decree No. 38/2013/ND-CP of April 23, 2013.
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THE GOVERNMENT

 
No. 16/2016/ND-CP
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
 
Hanoi, March 16, 2016
 
DECREE
On management and use of official development assistance (ODA) and concessional loans of
foreign donors
[1]
 
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant to the June 25, 2015 Law on the State Budget;
Pursuant to the June 14, 2005 Law on Conclusion of, Accession to, and Implementation of, Treaties;
Pursuant to the June 17, 2009 Law on Public Debt Management;
Pursuant to the November 26, 2013 Law on Bidding;
Pursuant to the June 18, 2014 Law on Public Investment;
Pursuant to the June 18, 2014 Law on Construction;
Pursuant to the November 26, 2014 Law on Investment;
At the proposal of the Minister of Planning and Investment,
The Government promulgates the Decree on management and use of official development assistance (ODA) and concessional loans of foreign donors.
Chapter 1
GENERAL PROVISIONS
Article 1. Scope of regulation
This Decree prescribes the management and use of official development assistance (ODA) and concessional loans provided by foreign governments, international organizations and inter-governmental or inter-state organizations or governmental organizations authorized by foreign governments (below collectively referred to as foreign donors) to the State or the Government of the Socialist Republic of Vietnam.
Article 2. Subjects of application
This Decree applies to agencies, organizations and individuals engaged or involved in the management and use of ODA and concessional loans of foreign donors and counterpart fund of Vietnam.
Article 3. Interpretation of terms
In this Decree, the terms below are construed as follows:
1. Steering committee of an ODA or concessional loan-funded program or project (below referred to as the steering committee) means an organization established by the managing agency of an ODA or concessional loan-funded program or project (below referred to as a program or project) and composed of competent representatives of related agencies to direct, coordinate and supervise the program or project implementation. In some neccessary cases, on the basis of agreements with the foreign donor, the steering committee may include a representative of the foreign donor.
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