Which competent authorities can approve aid amounts in Vietnam?
Which competent authorities of Vietnam can approve aid amounts? What are regulations on aid documentation in Vietnam? I would like to know some information related to the management and use of aid in Vietnam.
<subquestion>Which competent authorities of Vietnam can approve aid amounts?</subquestion>
Pursuant to Article 7 of the Decree 80/2020/NĐ-CP stipulating competence to approve aid amounts in Vietnam as follows:
1. The Prime Minister may approve:
a) Aid amounts related to security, national defense and religion, and aid targeted to directly support the development of legal documents;
b) Imported goods subject to decision of the Prime Minister in accordance with relevant laws;
c) Other cases not prescribed in Clauses 2,3,4 of this Article.
2. The head of the managing agency may approve:
a) The aid amounts not specified in Clause 1 of this Article and the remedial aids granted directly to a ministry, branch or locality, regardless of the aid scope.
b) The aid that the recipient is the organization whose establishment decision or charter or certificate of registration is issued by the managing agency, consistent with the functions and duties of the recipient, except for organizations established by the Ministry of Home Affairs.
3. The Minister of Home Affairs shall approve aid amounts of associations, social funds and charity funds subject to decision of the Ministry of Home Affairs to permit the establishment and approve the charter.
4. The President of the Central Committee of the Vietnam Fatherland Front may approve humanitarian relief with no specific address (The aid donor does not assign relief to a specific locality).
5. Heads of associations or unions of associations set up under the Prime Minister's decision may approve aid amounts for agencies under their management according to law provisions.
<subquestion>What are regulations on aid documentation in Vietnam?</subquestion>
Pursuant to Article 8 of the Decree 80/2020/NĐ-CP stipulating aid documentation in Vietnam as follows:
The aid documentation is made in 6 sets, documents in foreign languages ​​must have a certified Vietnamese translation attached.
1. A program or project file consists of the following documents:
a) A program/project proposal;
b) A written agreement on the provision of aid by the aid donor.
c) Program or project documents;
d) Documents proving legal status (not applicable to aid donors being diplomatic missions, governmental agencies, foreign local governments).
For foreign non-governmental organizations registered in Vietnam: A copy of the registration certificate issued by the Vietnamese competent authority;
For individual aid donors: submit a certified true copy of the passport;
For other aid donors: submit certified true copies of the organization's legal status.
2. A non-project file consists of the following documents:
a) A non-project proposal;
b) A written agreement on the provision of aid by the aid donor;
c) The non-project aid document, which is formulated by the aid owner in coordination with the aid donor, including the following main contents: Purpose, content, list of goods (for aid in form of goods or objects), expected results of the aid; time performance; value of non-project aid; implementation method and coordination mechanism in the implementation process; obligations to report results after receiving and using aid;
d) Documents proving legal status (not applicable to aid donors being diplomatic missions, governmental agencies, foreign local governments).
For foreign non-governmental organizations registered in Vietnam: A copy of the registration certificate issued by the Vietnamese competent authority; For individual aid donors: submit a certified true copy of the passport;
For other aid donors: submit certified true copies of the organization's legal status.
dd) For non-project aid provided in the form of providing experts, the aid dossier comprises: documents stated at Points a, b, c and d of this Clause; resume of experts with commitment to be responsible for the information supplied; operational program; work permit and legal documents on professional practices of experts in accordance with relevant laws.
3. Non-project aid dossiers are used goods, equipment and means of transport, which are subject to approval by the Prime Minister:
a) In addition to the requirements set out in Clause 2 of this Article, a certificate of goods quality assessment issued by a legal and qualified verifying organization that is accredited by Vietnam or the host country. The assessment certificate must state the conclusion regarding the quality of goods, equipment and means of transport meeting Vietnamese standards or meeting the requirements of equivalent standards accepted by Vietnam.
b) For non-project aid being used transport means, the following documents are required: a certified Vietnamese translation of the registration or certificate of vehicle ownership of the aid donor; certified Vietnamese translation of the Registration Certificate of the competent authorities of the country of the aid donor. In case of temporarily imported means of transport, a registration certificate of the competent Vietnamese agency is required.
4. Program and project documents and non-project aid documents are made according to the forms prescribed in Appendices I, II and III to this Decree.
5. Aid projects related to public investment or construction investment must be formulated according to the provisions of law on management of public investment and work construction investment.
6. Receiving authorities:
a) The Ministry of Planning and Investment: For aid amounts subject to the Prime Minister's approval.
b) Managing agencies: For aid amounts not subject to the Prime Minister's approval.
