| 2.4. Scope of geographical eligibility for procurement and grants The Commission may extend the geographical eligibility in accordance with Article 9(2b) of Regulation (EU) No 236/2014 (CIR) on the basis of urgency or of the unavailability of products and services in the markets of the countries concerned, or other duly substantiated cases where the eligibility rules would make the realisation of this action impossible or exceedingly difficult. The total budget for the operation is EUR 12,900,000. Following the signing of a transfer Agreement between SECO and the EU, the total budget will be increased to EUR 13,600,000 subject to the actual receipt of EUR 700,000 (1st instalment) by the EU and further, increased to EUR 14,000,000 subject to actual receipt of 2nd (final) instalment of EUR 400,000) by the EU, with an EU contribution amounting to EUR 6,400,000.00. An additional amount of EUR 100,000, not included in the present Financing Agreement, will be transferred to the EU to cover management costs for the SECO contribution In addition, the project counterpart, SAV, will provide for an in-kind contribution (estimated value of EUR 300,000) to cover costs related to seconded staff and a part of the operating costs, including office space and office running costs. NOTE: The contribution of the German government is to be covered by a separate, bilateral Financing Agreement between the governments of Germany and Viet Nam. Additional amounts (total EUR 600,000, of which EU contribution is EUR 500,000 and the contribution of SECO is EUR 100,000) are foreseen for independent evaluation and audit, communication and visibility actions and contingencies. These amounts will be directly managed by the EU Delegation. | | EU contribution | GIZ contribution ** | Total | SECO contribution*** | | | | | | 1st instalment | 2nd instalment | Total | Total | | Categories | 6,400,000 | 6,500,000 | 12,900,000 | 700,000 | 400,000 | 1,100,000 | 14,000,000 | | Component 1: | 2,900,000 | | 2,900,000 | 600,00 | 400,00 | 1,000,000 | 3,900,000 | | Grants (direct centralised) to Support SAV to improve the accountability, reporting, transparency and oversight of public financial management activities | 2,900,000 | | 2,900,000 | | | 1,000,000 | 3,900,000 | | Component 2: | 3,000,000 | 6,500,000 | 9,500,000 | | | | 9,500,000 | | Indirect centralised management with GIZ to Support the MOF to improve the legal, organisational and regulatory framework for the planning and execution of the state budget at the central and local levels | 3,000,000 | 6,500,000 | 9,500,000 | | | | 9,500,000 | | Procurement | 300,000 | | 300,000 | 100,000 | | 100,000 | 400,000 | | Communication/ Visibility | 150,000 | | 150,000 | 50,000 | | 50,000 | 200,000 | | Monitoring, External Evaluation and Audit | 150,000 | | 150,000 | 50,000 | | 50.000 | 200,000 | | Contingencies* | 200,000 | | 200,000 | | | | 200,000 | | TOTAL**** | 6,400,000 | 6,500,000 | 12,900,000 | 700,000 | 400,000 | 1,100,000 | 14,000,000 | *** The total budget for the operation is EUR 12,900,000 (following the signing of a TA with SECO, increased to EUR 13,600,000 following actual receipt of 1st instalment of EUR 700,000 by the EU and further increased to EUR 14,000,000 following actual receipt of 2nd (final) instalment of EUR 400,000 by the EU), 2.6. Performance monitoring ● Government, National Assembly and Communist Party reports, including: o Reporting on progress in economic management; o State Audited Accounts and Annual auditing reports o Repeal PEFA Assessment (expected at the end of the project lifecycle) Performance indicators at the activity level are to be drawn from the respective medium-term Development Action Plans of MOF and SAV. In accordance with existing internal procedures, both MOF and SAV will report on progress in the implementation of their respective Development Action Plans on an annual basis. 2.7. Donor Coordination During implementation, synchronisation between the EU and other donors is to take place formally - within the PFM donor coordination group and the PFM partnership group - as well as informally through ad-hoc meetings and consultations in order to avoid potential overlapping and duplication. Communication and visibility of the EU is a legal obligation for all external actions funded by the EU. The measures shall be implemented either (a) by the Commission, and/or (b) by the partner country. Appropriate contractual obligations shall be included in, respectively, procurement and grant contracts. 2.9. Organisational set-up and responsibilities Component 1: “Support State Audit of Viet Nam to improve the accountability, reporting, transparency and oversight of public financial management activities” It is envisaged under this component to have a direct grant contract between the European Union, represented by the Commission and a consortium of Supreme Audit Institutions. All contracts and payments are made by the Commission, on behalf of the Beneficiary. The project steering committee shall be chaired by a Senior SAV official and made up of: ● The Project Team leader (from Consortium of SAI) ● a representative of SECO This action is to be implemented in indirect centralised management with Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) in accordance with Article 54(2)(c) of Financial Regulation 1605/2002. A committee shall be set up to oversee and validate the overall direction of the project, including the approval of annual work plans and activities. The committee shall meet twice a year. ● Senior officials of the Ministry of Finance ● A representative of the EU Delegation to Viet Nam 2.10. Reporting The State Audit Office will be responsible for preparing annual reports on the implementation of its Development Action Plan, and the six-monthly reports on project progress to be discussed at the Steering Commitees. 3. MONITORING, EVALUATION AND AUDIT (a) Day-to-day technical and financial monitoring will be a continuous process as part of the Beneficiary responsibilities. To this aim, the Beneficiary shall establish a permanent internal, technical and financial monitoring system for the project, which will be used to elaborate the progress reports. 3.2. Evaluation (a) a mid-term evaluation mission; (c) an ex-post evaluation. b) The Commission shall inform the Beneficiary at least one month in advance of the dates foreseen for the external missions. The Beneficiary shall collaborate efficiently and effectively with the monitoring and/or evaluation experts, and inter alia provide them with all necessary information and documentation, as well as access to the project premises and activities. (a) The Commission shall appoint, in accordance with EU procurement rules, an internationally recognised external auditor. In the context of Regional Blending Facilities the auditor is appointed by the Lead Financing Institution to which the EC has entrusted its residual tasks. 1. Monitoring the project’s expenditure and auditing on a 12 month basis the project’s accounts for submission to the Commission. (b) In the case where the audits carried out identify non-eligible expenditure, the following procedure is applicable: 2. The Beneficiary shall submit its comments to the Commission within one month following its reception of the report; 4. The Beneficiary shall transfer the non-eligible amount to the project account within 45 days following communication of the Commission’s final decision. In the case that this deadline is not respected, the Commission may withhold this amount from future payments to the project account. Logframe Financing Agreement - Annex II - General Conditions ANNEX II GENERAL CONDITIONS Contents Article 1 - General principles Article 3 - Visibility Article 5 - Programme estimate Article 7 - Publication of information on procurement and grant contracts by the Beneficiary Article 9 - Financial claims under procurement and grant contracts Part Two: Provisions Applicable to Budget Support Article 12 - Verification of conditions and disbursement Article 14 - Recovery of budget support Article 15 - Execution period and contracting deadline in direct management Article 17 - Tasks of the Beneficiary in fighting irregularities, fraud and corruption Article 19 - Allocation of funds recovered by the Commission to the action Article 21 - Tax and customs provisions Article 23 - Use of studies Article 25 - Amendment of this Financing Agreement Article 27 - Termination of this Financing Agreement Part One: Provisions Applicable to Activities for which the Beneficiary is the Contracting Authority 1.1 The purpose of Part One is to define the budget-implementation tasks entrusted to the Beneficiary in indirect management as described in Annex I (Technical and Administrative Provisions) and to define the rights and obligations of the Beneficiary and of the Commission in carrying out these tasks. As a rule, the Commission shall carry out related payments to contractors and grant beneficiaries. However, the Beneficiary shall carry out certain payments including to its own staff on the basis of a programme estimate as defined in Article 5 of these General Conditions. Where the Beneficiary is an OCT and the action is financed by the EDF pursuant to Article 1.1 of the Special Conditions, the exercise of tasks entrusted shall also respect the conditions of Article 86(3) of Council Decision 2013/755/EU of 25 November 2013 on The association of the overseas countries and territories with the European Union (Overseas Association Decision). 1.3 The tasks identified in Article 1.1 of these General Conditions shall be carried out by the Beneficiary in accordance with the procedures and standard documents laid down and published by the Commission for the award of procurement and grant contracts, in force at the time of the launch of the procedure in question. A conflict of interest exists where the impartial and objective exercise of the functions of any responsible person is compromised for reasons involving family, emotional life, political or national affinity, economic interest or any other shared interest with a tenderer or applicant, or contractor or grant beneficiary. In particular, where the Beneficiary carries out payments pursuant to a programme estimate, the functions of the authorising and accounting officers shall be segregated and mutually incompatible and the Beneficiary shall operate an accounting system that provides accurate, complete, reliable and timely information. The Beneficiary shall also reasonably protect data enabling the identification of a natural person (personal data). 1.6 An independent external audit opinion on the management declaration, performed in accordance with internationally accepted auditing standards, does not have to be provided in this case as the Commission shall conduct the audits for this action. These audits will verify the truthfulness of the assertions made in the management declaration and the legality and regularity of the underlying transactions made. 1.8 The Beneficiary shall inform the Commission when a candidate, tenderer or applicant is in a situation of exclusion from participating in procurement and grant award procedures referred to in Article 1.3 and when a contractor or grant beneficiary has been guilty of making false declarations or has made substantial errors or committed irregularities and fraud, or has been found in serious breach of its contractual obligations. The Beneficiary may take into account, as appropriate and on its own responsibility the information contained in the Central Exclusion Database, when awarding procurement and grant contracts. Access to the information can be provided through the liaison point(s) or via consultation to the Commission1.9. The Beneficiary shall keep all relevant financial and contractual supporting documents from the date of the entry into force of this Financing Agreement or as from an earlier date which is stipulated as the start date of cost eligibility in Article 6 of the Special Conditions for five years as from the end of the execution period, in particular, the following: a. Forecast notice with proof of publication of the procurement notice and any corrigenda c. Shortlist report (incl. annexes) and applications e. Letters to non-shortlisted candidates g. Tender dossier including annexes, clarifications, minutes of the meetings, proof of publication i. Tender opening report, including annexes k. Notification letter m. Cover letter for submission of contract o. Award / cancellation notice, including proof of publication Calls for proposals and direct award of grants: b. Opening and administrative report including annexes and applications receivedc. Letters to successful and unsuccessful applicants following concept note evaluation e. Evaluation report of the full application or negotiation report with relevant annexes g. Letters to successful and unsuccessful applicants with approved reserve list following full application evaluation l. Award/cancellation notice with proof of publication In case of programme estimates: In addition to the above, all relevant documentation relating to payments, recoveries and operating costs. In particular, the Beneficiary shall take appropriate technical and organisational security measures concerning the risks inherent in any such operation and the nature of the information relating to the natural person concerned, in order to: b) Ensure that authorised users of an IT system performing such operations can access only the information to which their access right refers; Article 2 - Deadline for the signature of the procurement and grant contracts by the Beneficiary Where this action is financed from the EDF, programme estimates referred to in Article 5 of these General Conditions shall also be endorsed by the Commission within that three-year deadline. 2.2. However, the following transactions may be signed at any time during the operational implementation phase. b. amendments to procurement and grant contracts already signed; d. amendment of this Financing Agreement resulting from the change of the entity charged with the entrusted tasks, referred to in Article 1.2 of these General Conditions; the amendment shall also stipulate a new period within which procurement and grant contracts shall be concluded by this new entity in accordance with Article 2.1: 2.3 After expiry of the three years of the entry into force of this Financing Agreement, any financial balance for activities entrusted to the Beneficiary for which contracts have not been duly signed shall be decommitted by the Commission. 2.5 A procurement or grant contract which has not given rise to any payment within three years of its signature shall be automatically terminated and its funding shall be decommitted. The Beneficiary shall take the necessary measures to ensure the visibility of EU funding for the activities entrusted to it or for other activities under this action. These measures shall either be defined in Annex I (Technical and Administrative Provisions) or shall be agreed later between the Beneficiary and the Commission. Article 4 - Provisions on payments made by the Commission to contractors and grant beneficiaries on behalf of the Beneficiary (a) for pre-financing specified in the procurement or grant contract: (ii) 30 calendar days for an action financed under the EDF; The Commission shall act in accordance with Articles 4.6 and 4.7 within the period amounting to the time-limit for payment provided for in the procurement and grant contracts minus the above deadlines. 4.3 Upon receipt of an admissible payment request, the Beneficiary shall examine whether a payment is due, i.e. whether all contractual obligations justifying the payment have been fulfilled, including examining a report, where applicable. If the Beneficiary concludes that a payment is not due, it shall inform the contractor or grant beneficiary thereof and of the reasons. The dispatch of this information suspends the time-limit for payment. The Commission shall receive a copy of the information so dispatched. The Commission shall also be informed of the reply or corrective action of the contractor or grant beneficiary. That reply or action aimed at correcting the non-compliance with its contractual obligations shall restart the time-limit for payment. The Beneficiary shall examine this reply or action pursuant to this paragraph. If disagreement between the Beneficiary and the Commission persists, the Commission may pay the undisputed part of the invoiced amount provided that it is clearly separable from the disputed amount. It shall inform the Beneficiary and the contractor or grant beneficiary of this partial payment. 4.6 After transfer of the payment request pursuant to Article 4.5, if the Commission concludes that the payment is not due, it shall inform the Beneficiary and, in copy, the contractor or grant beneficiary thereof and of the reasons. Informing the contractor or grant beneficiary shall have the effect of suspending the time-limit for payment, as provided for in the contract concluded. A reply or corrective action of the contractor or grant beneficiary shall be treated by the Beneficiary in accordance with Article 4.3. 4.8. Where late-payment interest is due to the contractor or grant beneficiary, it shall be allocated between the Beneficiary and the Commission pro rata to the days of delay in excess of the time limits stipulated in Article 4.1, subject to the following: (b) the number of days used by the Commission is calculated from the date following that of transfer of the request by the Beneficiary referred to in Article 4.5 to the date of payment and from the date of transfer to the date of informing the Beneficiary pursuant to Article 4.6. Where feasible, one party shall cooperate at the request of the other party in providing useful information for the assessment of the payment request, even before the payment request is formally transferred to or returned from the first party. 5.1 - When the Beneficiary is additionally entrusted with making payments to contractors, grant beneficiaries and/or in the context of direct labour, it shall do so on the basis of a programme estimate agreed by the Beneficiary and the Commission beforehand. The programme estimate shall have an imprest component and a component of specific commitments. Under the component for specific commitments, the Beneficiary shall carry out tasks as referred to in the second subparagraph of Article 1.1 of these General Conditions; the Commission shall carry out related payment to contractors and grant beneficiaries. Certain identified activities, including audits, evaluations and recourse to the framework contract, shall be implemented directly by the Commission. 5.3 All programme estimates implementing the Financing Agreement must respect the procedures and standard documents concerning programme estimates and laid down by the Commission, in force at the time of the adoption of the programme estimate in question. 5.4 The Beneficiary shall submit to the Commission annually, by the date stipulated in Article 6 of the Special Conditions, a management declaration signed by the Beneficiary at the appropriate level using the template in Annex IV. 6.1 The Commission shall transfer funds no later than 30 calendar days after the date on which it registers an admissible payment request for pre-financing from the Beneficiary which contains the date, the amount and the currency; the time-limit shall be 90 calendar days for a payment request for replenishment or closure. Late-payment interest shall be due pursuant to the applicable Financial Regulation. The time-limit for the payment may be suspended by the Commission by informing the Beneficiary, at any time during the period referred to above, that the payment request cannot be met, either because the amount is not due or because the appropriate supporting documents have not been produced. If information which puts in doubt the eligibility of expenditure appearing in a payment request comes to the notice of the Commission, the Commission may suspend the time-limit for the payment for the purpose of further verification, including an on-the-spot check, in order to ascertain, prior to payment, that the expenditure is indeed eligible. The suspension and the reasons for it shall be communicated to the Beneficiary as soon as possible. The time-limit for the payment shall resume once the missing supporting documents have been provided or the payment request has been corrected. 6.3 The Beneficiary shall guarantee that funds paid by the Commission can be identified in this bank account. 6.5 The imprest component of a programme estimate which has not given rise to any payment to the Beneficiary within three years of the conclusion of the programme estimate shall be automatically terminated, and the corresponding committed amount shall be decommitted. 7.1 The Beneficiary undertakes to publish each year in a dedicated and easily accessible place of its internet site, for each procurement and grant contract for which it is contracting authority under the programme estimates referred to in Article 5, its nature and purpose, the name and locality of the contractor (contractors in case of a consortium) or grant beneficiary (grant beneficiaries in case of a multi-beneficiary grant), as well as the amount of the contract. If such internet publication is impossible, the information shall be published by any other appropriate means, including the official journal of the Beneficiary. 7.2 Scholarships to, and direct financial support of natural persons most in need shall be published anonymously and in an accumulated manner by category of expenditure. The Beneficiary shall present a list of data to be published on natural persons with any justifications for proposed waivers of publication to the Commission which must grant prior approval to this list. Where necessary, the Commission shall complete the locality of the natural person limited to a region at NUTS2 level. 7.4 Publication of contracts may be waived if such publication risks harming the commercial interests of contractors or grant beneficiaries. The Beneficiary shall present a list with such justifications to the Commission which must grant prior approval to such publication waiver. Article 8 - Recovery of funds Amounts unduly paid and recovered by the Beneficiary, amounts from financial guarantees lodged on the basis of procurement and grant award procedures, amounts from financial penalties imposed by the Beneficiary on candidates, tenderers, applicants, contractors or grant beneficiaries, as well as damages awarded to the Beneficiary shall be returned to the Commission. 8.3 To this end, the Beneficiary shall provide to the Commission all the documentation and information necessary. The Beneficiary hereby empowers the Commission to carry out the recovery in particular by calling on a guarantee of a contractor or grant beneficiary of which the Beneficiary is the contracting authority or by offsetting the funds to be recovered against any amounts owed to the contractor or grant beneficiary by the Beneficiary as contracting authority and financed by the EU under this or another Financing Agreement or by forced recovery before the competent courts. 8.5 Where the Beneficiary is a sub-delegatee of an entity with which the Commission concluded a delegation agreement, the Commission may recover funds from the Beneficiary which are due to the entity but which the entity was not able to recover itself. The Beneficiary undertakes to confer with the Commission before taking any decision concerning a request for compensation made by a contractor or grant beneficiary and considered by the Beneficiary to be justified in whole or in part. The financial consequences may be borne by the EU only where the Commission has given its prior approval. Such prior approval is also required for any use of funds committed under the present Financing Agreement to cover costs arising from disputes relating to contracts. 10.1 Individual overruns of the budget headings of the activities implemented by the Beneficiary shall be dealt with by reallocating funds within the overall budget, in accordance with Article 25 of these General Conditions. 10.3 If the activities cannot be scaled down, or if the overrun cannot be covered either by the Beneficiary’s own resources or other resources, the Commission may, at the Beneficiary's duly substantiated request, decide to grant additional EU financing. Should the Commission take such a decision, the excess costs shall be financed, without prejudice to the relevant EU rules and procedures, by the release of an additional financial contribution to be set by the Commission. This Financing Agreement shall be amended accordingly. Part Two: Provisions Applicable to Budget Support The Beneficiary and the EU commit to engage in a regular constructive dialogue at the appropriate level on the implementation of this Financing Agreement. Article 12 - Verification of conditions and disbursement Where the Commission concludes that the conditions for payment are not fulfilled, it shall inform the Beneficiary thereof without undue delay. 12.3 The Beneficiary shall apply its national foreign exchange regulations in a nondiscriminatory manner to all disbursements of the budget support component. The Beneficiary hereby agrees to the publication by the Commission, of this Financing Agreement and any amendment thereof, including by electronic means, and of such basic information on the budget support which the Commission deems appropriate. Such publication shall not contain any data in violation of the EU laws applicable to the protection of personal data. All or part of the budget support disbursements may be recovered by the Commission, with due respect to the principle of proportionality, if the Commission establishes that payment has been vitiated by a serious irregularity attributable to the Beneficiary, in particular if the Beneficiary provided unreliable or incorrect information, or if corruption or fraud was involved. Part Three: Provisions Applicable to This Action as a Whole, Irrespective of the Management Mode 15.1 The execution period of this Financing Agreement shall comprise two phases: - a closure phase, during which final audits and evaluation are carried out and contracts and programme estimates for the implementation of this Financing Agreement are technically and financially closed. The duration of this phase is stipulated in Article 2.3 of the Special Conditions. It starts after the end of the operational implementation phase. Only expenditure necessary for the closure shall be eligible. 15.2 Costs related to the principal operational activities shall be eligible for EU financing only if they have been incurred during the operational implementation phase; the costs incurred by the Beneficiary before the entry into force of this Financing Agreement shall not be eligible for EU financing unless provided otherwise in Article 6 of the Special Conditions. Costs related to final audits and evaluation, and to closure activities shall be eligible until the end of the closure phase. 15.4 In exceptional and duly substantiated cases, a request may be made for the extension of the operational implementation phase and correlatively of the execution period. If the extension is requested by the Beneficiary, the request must be made at least three months before the end of the operational implementation phase and approved by the Commission before that end. This Financing Agreement shall be amended accordingly. 15.6 Article 2 of these General Conditions shall apply to activities implemented by the Commission as contracting authority (direct management) with the exception of the second and third subparagraph of Article 2.1. 16.1 The Beneficiary shall assist and support the verifications and checks carried out by the Commission, OLAF and the European Court of Auditors at their request. 16.2 The Beneficiary also agrees that OLAF may carry out on-the-spot checks and verifications in accordance with the procedures laid down by EU law for the protection of the EU's financial interests against fraud and other irregularities. 16.3 The checks and audits described above shall also apply to contractors and grant beneficiaries, and subcontractors who have received EU financing. Article 17 - Tasks of the Beneficiary in fighting irregularities, fraud and corruption 17.2 The Beneficiary shall ensure and check regularly that the actions financed from the budget are effectively carried out and implemented correctly. It shall take appropriate measures to prevent, detect and correct irregularities and fraud and where necessary, bring prosecutions and recover funds unduly paid. - non-disclosure of information in violation of a specific obligation, with the same effect; 17.3 The Beneficiary undertakes to take every appropriate measure to prevent, detect and punish any practices of active or passive corruption during the implementation of the Financing Agreement. 17.5 lf the Beneficiary does not take appropriate measures to prevent fraud, irregularities and corruption, the Commission may adopt precautionary measures including the suspension of this Financing Agreement. 18.1 Without prejudice to the suspension or termination of this Financing Agreement according to Articles 26 and 27, respectively, the Commission may suspend payments partially or fully, if: b) the Commission has established that or has serious concerns, on the basis of information it received, and needs to verify, whether the Beneficiary has committed systemic or recurrent errors, irregularities, fraud or breach of obligations under this or other Financing Agreements, provided that those errors, irregularities, fraud or breach of obligations have a material impact on the implementation on this Financing Agreement or call into question the reliability of the Beneficiary's internal control system or the legality and regularity of the underlying expenditure; d) it is necessary to prevent significant damage to the financial interests of the EU. 18.3 The suspension of payments shall have the effect of suspending payment time-limits for any payment request pending. Article 19 - Allocation of funds recovered by the Commission to the action Article 20 - Right of establishment and residence 20.2 The Beneficiary shall also entitle procurement contractors and grant beneficiaries, entities entrusted with budget-implementation tasks identified in Annex I (Technical and Administrative Provisions), natural persons whose services are required for the performance of this action and members of their families with similar rights during the implementation of the action. 21.1 The Beneficiary shall apply to procurement contracts and grants financed by the EU the most favoured tax and customs arrangements applied to States or international development organisations with which it has relations. 21.2 Where a Framework Agreement is applicable, which includes more detailed provisions on this subject, these provisions shall apply as well. 22.1 The Beneficiary agrees that its documents and data held by an entity with which the Beneficiary is in a contractual relationship regarding them may be forwarded to the Commission by that entity for the sole purpose of implementing this or another Financing Agreement. The Commission shall respect all confidentiality arrangements agreed between the Beneficiary and that entity. 22.3 The Parties shall obtain each other's prior written consent before publicly disclosing such information. Article 23 - Use of studies Article 24 - Consultation between the Beneficiary and the Commission 24.2 Where the Commission becomes aware of problems in carrying out procedures relating to management of this Financing Agreement, it shall establish all necessary contacts with the Beneficiary to remedy the situation and take any steps that are necessary. 24.4 The Commission shall regularly inform the Beneficiary of the implementation of activities described in Annex I which do not fall under Part One of these General Conditions. 25.1 Any amendment of this Financing Agreement shall be made in writing, including an exchange of letters. 25.3 If the adjustment both does not significantly affect the objectives of the activity implemented pursuant to Part One of these General Conditions, and if it concerns matters of detail which do not affect the technical solution adopted, and if it does not include the reallocation of funds, or if it concerns reallocations of funds within the limit of the contingency reserve, the Beneficiary shall inform the Commission of the adjustment and its justification in writing as soon as possible and may apply that adjustment. 25.5 Where the Commission considers that the Beneficiary ceases to perform satisfactorily the tasks entrusted pursuant to Article 1.1 of these General Conditions and without prejudice to Articles 26 and 27 of these General Conditions, the Commission may decide to retake the tasks entrusted from the Beneficiary in order to continue the implementation of the activities on behalf of the Beneficiary after informing the latter in writing. 26.1 The Financing Agreement may be suspended in the following cases: - The Commission may suspend the implementation of this Financing Agreement if the Beneficiary breaches any obligation set under the procedures and standard documents referred to in Article 1.3 and 5.3 of these General Conditions. - This Financing Agreement may be suspended in cases of force majeure, as defined below. "Force majeure" shall mean any unforeseeable and exceptional situation or event beyond the parties' control which prevents either of them from fulfilling any of their obligations, not attributable to error or negligence on their part (or the part of their contractors, agents or employees) and proves insurmountable in spite of all due diligence. Defects in equipment or material or delays in making them available, labour disputes, strikes or financial difficulties cannot be invoked as force majeure. A party shall not be held in breach of its obligations if it is prevented from fulfilling them by a case of force majeure of which the other party is duly informed. A party faced with force majeure shall inform the other party without delay, stating the nature, probable duration and foreseeable effects of the problem, and take any measure to minimise possible damage. 26.2 The Commission may suspend this Financing Agreement without prior notice. 26.4 When the suspension is notified, the consequences for the on-going procurement and grant contracts, delegation agreements and programme estimates and for such contracts, delegation agreements and programme estimates to be signed shall be indicated. 26.6 The parties shall resume the implementation of the Financing Agreement once the conditions allow with the prior written approval of the Commission. This is without prejudice to any amendments of this Financing Agreement which may be necessary to adapt the action to the new implementing conditions, including, if possible, the extension of the implementation period, or the termination of this Financing Agreement in accordance with Article 27. 27.1 If the issues which led to the suspension of this Financing Agreement have not been resolved within a maximum period of 180 days, either party may terminate this Financing Agreement at 30 days’ notice. a) it has not given rise to any payment; c) and where this action is financed under the EDF, no programme estimate has been signed; Article 28 - Dispute settlement arrangements Where the Beneficiary is an ACP State or an ACP regional body or organisation and this action is financed under the EDF, the dispute shall be submitted, prior to arbitration and after the consultations provided for in Article 24 of these General Conditions, to the ACP-EC Council of Ministers, or, between its meetings, to the ACP-EC Committee of Ambassadors, pursuant to Article 98 of the ACP-EC Partnership Agreement. If the Council or Committee does not succeed in settling the dispute, either party may request settlement of the dispute by arbitration in accordance with Articles 28.2, 28.3 and 28.4. 28.3 Unless the arbitrators decide otherwise, the procedure laid down in the Permanent Court of Arbitration Optional Rules for Arbitration Involving International Organisations and States shall apply. The arbitrators' decisions shall be taken by a majority within a period of three months.
EU Public Finance Modernisation in Viet Nam (EU-PFMO) - Logical Framework | | Intervention Logic | Objectively verifiable indicators of achievement | Sources and means of verification | Risks and Assumptions | | • Assessment of achievement of poverty reduction objectives over medium term (SEDP Progress reports) • Independent reports from donors and Non- Government Organizations | • Ongoing political and Economic stability • Quality of state civil servants' performance • Revised legal framework for PFM, with new laws, policies and regulations issued • Perception of SAV as an independent institution committed to fill their mandate • Government reports on PFM modernisation and anti-corruption efforts • State Audit reports • Independent reports from donors and Non- Government Organization • New laws, policies and regulations issued • State Audit reports | • MOF & SAV reform strategies have leadership commitment to their implementation and sufficient resources are committed • Staff are open to change and project counterparts allow international project personnel to become more actively engaged in the practical aspects of PFM reform | | Indicative activities: • The formulation and implementation of human resource strategies, plans and procedures that are aligned with SAV’s overall strategy, and appropriate monitoring and review mechanisms are developed to ensure effectiveness, transparency, coherence and consistency in their implementation. • Continuous professional development systems in place - including Code of Ethics and Professional Conduct - ensuring all staff are equipped with the skills and training necessary to fulfil their professional and ethical responsibilities; • Human Resource Management systems in place - including Code of Ethics and Professional Conduct • Code of Ethics and Professional Conduct disseminated • SAV operational reports • SAV accept a greater hands-on approach to project implementation Indicative activities: • Guidelines, procedures, and methods are developed, trialled (through join audits) and disseminated for all phases of the audit process (i.e. planning, execution, reporting, and follow-up) in order to ensure high quality financial and compliance audit activities in accordance with the SAV standards • Computerised audit tools and techniques are developed to improve the structure, quality and productivity of the audit process and an appropriate computerised database is developed to help SAV management improve audit planning, quality control and risk assessment as well as enhance knowledge sharing and good-practice amongst SAV staff. • Programme of joint pilot financial and performance audits agreed and pilot audits completed to international standards • Specialised trainers identified and trained • Dissemination of financial and performance audit guidelines • Dissemination of training material • SAV operational reports • SAV accept a greater 'hands-on’ approach to project implementation Resistance from SAV staff to change is minimal | | Indicative activities: • Support the studies, and issue recommendations, for revision of the State Budget Law, including provisions expanding the scope and content of the budget, the planning calendar, the sectoral allocation, the extern of fiscal decentralization, principles on medium-term financial planning, and the weaknesses related to the current practice of carrying over amounts of revenue and expenditure between fiscal years. • Support the studies, and issue recommendations, for disclosure provisions in order to improved budget transparency and timely release of budget documents to the public. | • State Budget Law revision clarifies the scope of the State Budget including fees, charges, government bonds, principal debt servicing, etc, in line with international practice • Revised legal framework provides a good foundation for government budgeting at both central and local level | • Secondary legislation promulgated • Budget documents produced and published Indicative activities: • Support the studies, and issue recommendations for a suitable framework and improved guidelines, for budget entities at the sub-national and sectoral level. • Provide training to selected officials at the central level to manage a decentralized distribution of responsibilities for planning, preparation and execution of the budget while retaining the central policy role. • Revised framework provides a good foundation for improved cooperation and communication between the budget financial agenies (MOF, DOF, etc.) and sector agencies • Secondary guiding legislation promulgated | Indicative activities: • Appropriate technical tools for medium-term fiscal planning are introduced and applied. • Enhance capacity on the development of medium-term fiscal frameworks (MTFF) for sub-national administration on a pilot basis, with focus on the poorest provinces. | • Revenue and fiscal forecasting capacity of government officials is enhanced. • Staff appropriately trained on revenue forecasting and budgetary planning and guidance materials prepared and disseminated | • PEFA repeat assessment / external diagnostic reports • Project reports and evaluations | • State budget law revision provides legal basis for Medium-term fiscal frameworks
[1] A number of EU SAI are, due to their statutes, unable to participate in competitive service tenders. 1 The Beneficiary shall be allowed to have direct access to the Central exclusion database through a liaison point when the Beneficiary certifies to the Commission service responsible that it applies the adequate data protection measures as provided in the Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community instimtions and bodies and on the free movement of sucn data (OJ L 8, 12.1.2001, p. 1).
File gốc của Thông báo hiệu lực của Hiệp định tài chính Dự án Chương trình hiện đại hóa tài chính công của EU tại Việt Nam giữa Việt Nam và Liên minh Châu Âu đang được cập nhật.
Thông báo hiệu lực của Hiệp định tài chính Dự án Chương trình hiện đại hóa tài chính công của EU tại Việt Nam giữa Việt Nam và Liên minh Châu Âu
- File PDF đang được cập nhật - File Word Tiếng Việt đang được cập nhật
| Cơ quan ban hành |
Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Liên minh Châu Âu |
| Số hiệu |
09/2015/TB-LPQT |
| Loại văn bản |
Điều ước quốc tế |
| Người ký |
Đinh Tiến Dũng, Dirk Meganck |
| Ngày ban hành |
2014-12-30 |
| Ngày hiệu lực |
2014-12-30 |
| Lĩnh vực |
Tài chính nhà nước |
| Tình trạng |
Còn hiệu lực |
| | 
