Directive 11/2002/CT-TTg on rectification of management and use of foreign non-governmental aid promulgated by the Prime Minister

DIRECTIVE

REORGANIZING THE WORK OF MANAGING AND USING FOREIGN NON-GOVERNMENTAL AIDS

Over the past time since the implementation of the Regulation on Management and Use of Foreign Non-Governmental Aids (issued together with the Prime Minister’s Decision No. 64/2001/QD-TTg of April 26, 2001), the management and use of foreign non-governmental aids have seen positive changes and contributed to bringing into play the efficiency of this aid source. However, in the course of implementation, several ministries, branches, localities and mass organizations failed to fully abide by the provisions of the Prime Minister’s Decision No. 64/2001/QD-TTg, the application for reception of used goods without quality certification still existed; goods were sent to Vietnam before being permitted by the competent State bodies; several projects were approved ultra vires, or approved without dossiers (or with inadequate dossiers) sent to the central managing agencies. The above-said shortcomings have complicated the managerial work and distorted the purposes of the reception and use of foreign non-governmental aids.

In order to overcome the above-said limitations and raise the efficiency of the work of managing and using foreign non-governmental aids, the Prime Minister hereby requests the ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities and mass organizations to direct the agencies and units under their respective management to strictly implement the provisions of the Prime Minister’s Decision No. 64/2001/QD-TTg, first of all, to do the followings:

1. Aid projects must be elaborated, evaluated and submitted for approval strictly according to the prescribed process. Those projects which have been approved ultra vires shall not be carried out (in cases where they are being underway, they must be suspended from operation and submitted for re-approval according to regulations). After the projects have been approved, the approval decisions (enclosed with relevant documents and dossiers) must be sent to the Ministry of Planning and Investment and the Ministry of Finance strictly within the prescribed time limit. The Ministry of Planning and Investment shall have to closely monitor the above-said task and report to the Prime Minister the violating cases in order to take measures for timely handling.

2. Not to consider the reception of goods which are on the list of commodity items banned from import according to the Prime Minister’s regulations (issued in Decision No. 46/2001/QD-TTg of April 4, 2001); to consider for settlement only those aid goods with complete and valid dossiers and quality certification by the competent agencies of the aid-donating countries. Aid goods shall be sent to Vietnam only after being permitted for reception by the competent authorities. Those aid goods lots which do not comply with the above-said stipulations shall be handed over to the General Customs Department for handling according to regulations, and the aid-receiving units shall bear all expenses relating to such handling. In cases where used aid goods which have not complied with regulations yet but have already arrived or are being en route to Vietnam’s ports (certification on time inscribed in the goods-consigning bill of lading is required) before the date of issuance of this Directive, shall still be considered provided that their quality must be expertised by Vietnam’s quality-expertising agencies. The Ministry of Finance shall have to closely monitor the reception of aid goods and detect the violating cases in order to handle them or referring them to the competent authorities for consideration and handling.

3. The Union of Vietnam’s Friendship Organizations shall assume the prime responsibility and coordinate with the Ministry for Foreign Affairs in taking appropriate measures to fully and rapidly inform the donors (having or not having their representative offices opened in Vietnam) of the provisions of the Prime Minister’s Decision No. 64/2001/QD-TTg for coordination in the course of donating aids to Vietnam.

The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People’s Committees of the provinces and centrally-run cities, the heads of the central bodies of mass organizations and people’s organizations shall have to strictly implement this Directive.

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