Decision on the Issuance of the Regulation on the Management and Utilization of Aid from International Non-Governmental Organizations

THE GOVERNMENT SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
No. 64/2001/QD-TTg
Ha Noi, 26 April 2001
DECISION OF
THE PRIME MINISTER OF THE GOVERNMENT
on the Issuance of the Regulation on the
Management and Utilization of Aid from
International Non-Governmental Organizations
THE PRIME MINISTER
In pursuance to the Law on the Organization of the Government dated
30 September 1992;
Considering the recommendations made by the Minister of Planning and
Investment,
HEREBY, DECIDES
Article 1. To issue the attached Regulation on the Management and
Utilization of Aid from International Non-Governmental Organizations
(hereinafter abbreviated as NGO) (in conjunction with this Decision).
Article 2. This Decision, which supersedes the Prime Minister’s Decision
No. 28/1999/QD-TTg of 23 February 1999, shall come into effect 15
days after the date of its signature. All previous regulations contrary to
this Decision shall be declared null and void.
Article 3. The Minister of Planning and Investment and the Minister of
Finance shall be responsible for providing guidance on and monitoring
the implementation of this Decision.
Article 4. Ministers, Heads of ministerial-level agencies, Heads of
Government Departments, Chairmen of People’s Committees of

provinces and centrally managed cities, President of the Viet Nam Union
of Friendship Organizations and Heads of central bodies of civil
organizations shall be responsible for the implementation of this
Decision./.
For Prime Minister
Deputy Prime Minister
(signed)
Nguyen Manh Cam
To:
– Secretariat of the Party
Central Committee,
– Prime Minister and Deputy
Prime Ministers,
– Ministries, ministerial-level
agencies and
Government departments,
– People’s Councils and People’s
Committees of provinces
and centrally managed cities,
– Office of the National
Assembly,
– President’s Office,
– Party Central Committee
Office and Party
Commissions,
– Supreme People’s Procuracy,
– Supreme People’s Court,
– Central bodies of civil
organizations,
– Government’s gazettes,
– Office of the Government:
Minister-Chairman, Deputy
Chairmen and its
departments,
– Filed at International
Relations Department (6
copies) and the Registry

THE GOVERNMENT SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
REGULATION
ON THE MANAGEMENT AND UTILIZATION OF AID
FROM INTERNATIONAL NON-GOVERNMENTAL ORGANIZATIONS
(Issued in conjunction with the Prime Minister’s Decision No.
64/2001/Q§-TTg dated 26 April 2001)
Chapter I
GENERAL PROVISIONS
Article 1. This Regulation shall regulate all activities related to
the attraction, management and utilization of aid from International
Non-Governmental Organizations (hereinafter referred to as NGO aid).
The term “NGO aid” referred to in this Regulation is defined as non-
profitable grant and assistance provided by international NGOs as well
as by other foreign organizations and individuals including overseas
Vietnamese residents (hereinafter referred to as the Donor side) to
assist ministries, branches, localities and civil organizations (including
mass, socio-political and socio-professional organizations and others) of
Viet Nam (hereinafter referred to as the Vietnamese side) in achieving
humanitarian and development goals for Viet Nam.
NGO aid shall include the following main types:
– Programme/project aid
– Non-project aid (including emergency relief)
Article 2. Definitions
This Regulation has a number of key terms which shall be defined as
follows:
1. “Programme” means a set of inter-related projects which may be
related to several economic sectors, technical subjects and geographical
areas, and which need to be implemented over a relatively long period

through a cross-sectoral approach and with resources mobilized from
different sources and through different modalities.
2. “Project” means a set of inter-related activities aimed at achieving
one or more specific objectives and implemented over a fixed period
with specified resources.
3. “NGO aid agreement” means a document which record initial ideas
on NGO aid (not legally binding) expressed by representatives of the
Vietnamese side and the Donor side.
4. “NGO aid programme/project document” means a document
officially stating commitments made by representatives of the
Vietnamese side and the Donor side on a specific programme or project.
This document clearly indicates objectives, activities, expected outputs,
resources to be used, the duration and workplan of the
programme/project as well as obligations, interests and responsibilities
of the concerned parties.
5. “Non-project aid” means assistance which is not tied to a
programme/project and which is provided in kind (goods, materials,
equipment), in cash or in the form of expertise (including volunteers)
for charity and humanitarian purposes (hereinafter referred to as
humanitarian objectives).
6. “Emergency relief” means non-project aid urgently provided as soon
as emergencies (natural or other disasters) occur and extending for a
maximum period of two months after the end of the emergencies.
Assistance which extends beyond this period is called post-emergency
rehabilitation aid.
Article 3. NGO aid shall be used to achieve humanitarian
objectives as well as to support the attainment of Viet Nam’s priority
socio-economic development goals in each period.
Chapter II
MOBILIZATION, NEGOTIATION,
APPROVAL AND CONCLUSION OF NGO AID
Article 4. NGO aid mobilization shall be carried out in a regular,
oriented and organized manner:

1. NGO aid mobilization for programmes/projects shall be based on
specific socio-economic development needs, public investment
programmes, plans to attract and utilize external finances of the
Government, a sector or a locality in each period as well as on
absorptive capacity (including counterpart funding) etc.
2. NGO aid mobilization for humanitarian objectives shall be based on
the social situation and actual needs of ministries, branches, localities
and civil organizations in each year or period.
3. The mobilization of emergency relief shall be based on actual levels
of damage and loss in terms of human lives, property, infrastructure
etc. caused by natural or other disasters in each affected region and
locality. The Ministry of Foreign Affairs shall work with concerned
agencies to consider and submit to the Prime Minister for decision a
proposed level of emergency relief that the international community
(including the Donor side referred to in this Document) will be called
upon to provide.
Article 5. Basis for the negotiation and conclusion of NGO aid:
1. In case of programme/project aid, a programme/project document
shall be required. If the duration of the programme/project is more than
one year, it shall be required to prepare a workplan and an estimated
budget for each year as well as to clearly identify the Donor side’s
available funding and the amount of funding that needs to be mobilized
in the following year(s).
2. In case of non-project aid, it shall be required to clearly indicate the
contents of assistance, a donor, a recipient, a detailed list of aid goods
and their estimated total value (if the aid is to be provided in kind) or a
total amount of aid money.
In case of emergency relief, besides the above-mentioned
requirements, it shall be required to clearly indicate the levels of
damage and loss as well as immediate essential needs that have to be
addressed while the emergency is going on.
3. The conclusion of NGO aid shall be conducted only after it has been
approved by relevant authorities as stipulated in Article 6 of this
Regulation.

Article 6. NGO aid approving authorities shall be specified as
follows:
1. The Prime Minister shall approve:
a) NGO aid programmes/projects which are budgeted at
US$500,000 or more.
b) All aid programmes/projects concerning institutions, policies,
laws, public administration reform, culture and information, religions,
national defence and security.
c) Non-project aid which is worth US$200,000 or more.
d) Non-project aid supporting activities in the areas mentioned in
Item 1.b of Article 6.
e) Programmes/projects and non-project aid that import items
included in the list of restricted imports (vehicles, motorbikes, used
goods and equipment, as well as some medicines in the determined list)
prescribed by the Government.
g) Emergency relief without specific recipient addresses (the
Donor side does not identify any specific recipient localities).
2. Ministers, Heads of ministerial-level agencies, Heads of Government
departments, Chairmen of People’s Committees of provinces and
centrally managed cities and Heads of central bodies of civil
organizations (or authorities that decide on the establishment of civil
organizations without central bodies) shall approve:
a) Aid programmes/projects which are budgeted at less than
US$500,000 (except those specified in Items 1.b and 1.e of Article 6).
b) Non-project aid which is worth less than US$200,000 (except
those mentioned in Items 1.d and 1.e of Article 6).
c) All emergency relief with specific recipient addresses.
Article 7. The sale of goods provided through NGO aid shall
comply with the following stipulations:
1. Goods which both sides have agreed to bring into Viet Nam for sale
to achieve a set of identified objectives shall be subject to consideration
and decision by relevant authorities as well as in line with the
stipulations on NGO aid approving authorities in Article 6 of this
Regulation.

2. The above-mentioned goods shall be sold by auction in accordance
with Government Decree 86/CP dated 19 December 1996 on the
issuance of the Regulation on the Auction Sale of Property.
Chapter III
STATE MANAGEMENT OF NGO AID
Article 8. The Government shall exercise unified management of
all NGO aid sources throughout all stages from the mobilization,
negotiation and conclusion of aid with the Donor side to the monitoring
of the implementation and evaluation of results and effectiveness of the
utilized aid.
Article 9. The Ministry of Planning and Investment shall be
responsible for coordinating and managing NGO aid
programmes/projects and submitting semi-annual and annual overall
reports on NGO aid to the Prime Minister. The Ministry of Planning and
Investment shall undertake the following tasks:
1. Working with concerned agencies to provide ministries, branches,
localities and civil organizations with guidance on the preparation of
programme/project proposals for NGO aid mobilization.
2. Conducting appraisal and consolidation of concerned agencies’
related comments for submission to the Prime Minister for consideration
and approval of the aid programmes/projects specified in Items 1.a, 1.b
and 1.e of Article 6 of this Regulation.
3. Providing the Ministry of Finance with related comments for
submission to the Prime Minister for consideration and approval of the
non-project aid specified in Items 1.c, 1.d and 1.e of Article 6 of this
Regulation.
4. Collaborating with the Ministry of Finance to arrange counterpart
funding in the annual State budget to agencies which are provided with
funding from the State budget for the implementation of
programme/project commitments with the Donor side in accordance
with the Budget Law and Government Decree 87/CP dated 19 December
1996 on the decentralized management, preparation, execution and
finalization of the State budget.

5. Collaborating with the Ministry of Finance, the Union of Viet Nam
Friendship Organizations and other concerned agencies to organize the
monitoring of aid reception, management and implementation;
conducting information synthesis, analysis and assessment of NGO aid
effectiveness; dealing with related problems/issues within its authority
and proposing problems/issues beyond its authority to the Prime
Minister for consideration and decision.
6. Collaborating with the General Statistical Office to issue reporting
formats for programmes/projects.
Article 10. The Ministry of Finance shall be responsible for State
financial management of NGO aid as well as assume key responsibility
for coordinating and managing non-project aid. The Ministry of Finance
shall undertake the following tasks:
1. Collaborating with concerned agencies to develop a financial
management mechanism for NGO aid within its authority and proposing
problems/issues beyond its authority to the Prime Minister for
consideration and decision.
2. Arranging counterpart funding in the annual State budget as
stipulated in Item 4 of Article 9 of this Regulation.
3. Monitoring and inspecting NGO aid reception, utilization,
management and implementation within its technical capacity.
4. Synthesizing information on non-project aid; consolidating final
budgets of all NGO aid items; joining the Ministry of Planning and
Investment in preparing semi-annual and annual overall reports on NGO
aid for submission to the Prime Minister.
5. Participating in the appraisal of programmes/projects which are
subject to the Prime Minister’s approval.
6. Consolidating comments on non-project aid specified in Items 1.c,
1.d, 1.e and 1.g of Article 6 of this Regulation for submission to the
Prime Minister for consideration and decision.
7. Being responsible for organizing the reception, distribution and
utilization of emergency relief specified in Item 1.g of Article 6 of this
Regulation and reporting its results to the Prime Minister.
8. Collaborating with the Ministry of Planning and Investment and the
General Statistical Office to issue reporting formats for non-project aid.

Article 11. The Ministry of Foreign Affairs shall undertake the
following tasks:
1. Collaborating with concerned agencies in mobilizing and utilizing NGO
aid.
2. Collaborating with the Union of Viet Nam Friendship Organizations in
appealing for emergency relief as stipulated in Item 2 of Article 5.
Article 12. The Office of the Government shall undertake the
following tasks:
1. Assisting the Prime Minister in monitoring and supervising the
implementation of this Regulation.
2. Participating in programme/project appraisal and recommending
policies, mechanisms….for such programmes/projects; providing
comments on non-project aid proposals which are subject to the Prime
Minister’s approval prior to their submission to the Prime Minister.
Article 13. The Viet Nam Union of Friendship Organizations shall
assume key responsibility for maintaining contacts with and mobilizing
aid from the Donor side. The Viet Nam Union of Friendship
Organizations shall undertake the following tasks:
1. Collaborating with the Ministry of Foreign Affairs and other concerned
agencies to organize NGO aid mobilization, based on priority areas and
orientations as well as on the overall national foreign policy.
2. Participating in programme/project appraisal (mainly in terms of
providing information and comments on the Donor side’s activities….);
providing the Ministry of Finance with comments on non-project aid
which is subject to the Prime Minister’s approval, and participating in
monitoring the activities of NGO aid projects.
3. Providing semi-annual and annual reports on NGO aid mobilization to
the Ministry of Planning and Investment, which then prepares
consolidated reports for submission to the Prime Minister.
4. Collaborating with the Ministry of Foreign Affairs to propose policies
for emergency relief mobilization for approval by the Prime Minister.

Article 14. The Ministry of Public Security shall undertake the
following tasks:
1. Guiding and assisting national agencies and organizations in
complying with security regulations during their NGO aid reception and
utilization processes.
2. Providing the Ministry of Planning and Investment and the Ministry of
Finance with comments on programme/project and non-project aid
proposals concerning State institutions and policies, laws, religions,
national defence and security prior to the submission of such proposals
to the Prime Minister for consideration and decision.
Article 15. The Government Committee for Religious Affairs shall
undertake the task of guiding and assisting national agencies and
organizations in implementing the State policy on religious affairs
during their NGO aid reception and utilization processes.
Article 16. Ministries, ministerial-level agencies, Government
departments, People’s Committees of provinces and centrally managed
cities and central bodies of civil organizations shall assume the following
responsibilities:
1. Identifying their respective subordinate bodies which are fully
capable of working as focal points and managing NGO aid in line with
realities of each concerned agency and locality.
2. Guiding concerned subordinate bodies in mobilizing and utilizing aid
from the Donor side, based on priority areas and orientations identified
in their plans for each year or period as well as on the Government’s
overall foreign policy.
3. Guiding concerned subordinate bodies in preparing
programme/project proposals and humanitarian aid proposals for
submission to the State management agencies mentioned in Articles 9,
10, 11, 12 and 13 of this Regulation. These proposals shall constitute
the basis for NGO aid mobilization and approval.

4. Collaborating with relevant agencies to explore possibilities and
establish contacts with the Donor side.
5. Ministers, Heads of ministerial-level agencies, Heads of Government
departments, Chairmen of People’s Committees of provinces and
centrally managed cities and Heads of central bodies of civil
organizations shall approve NGO aid within their authority (based on
their consultations with each respective concerned ministry, branch and
locality prior to approval) as stipulated in Article 6 of this Regulation,
and shall be responsible for approving, aggranging counterpart funding
and managing the implementation of the approved aid. The aid
approval decisions (together with supporting documentation) shall be
submitted to the Ministry of Planning and Investment and the Ministry
of Finance within 15 days from the date of approval.
6. Assuming responsibility for directing, guiding, supervising and
monitoring NGO aid reception, management and utilization by
concerned subordinate bodies in accordance with existing regulations
and commitments agreed upon with the Donor side; detecting, in a
timely manner, violations or wrong-doings in terms of religious, security
and ethnic matters, management regulations etc. committed during
NGO aid reception and implementation processes and dealing with these
violations/wrong-doings within their authority or reporting these to the
concerned agencies mentioned in Articles from 10 to 15 of this
Regulation.
7. Compiling regular, terminal and ad hoc (if necessary) reports on NGO
aid implementation by their respective agencies or localities for
submission to the Ministry of Planning and Investment, the Ministry of
Finance and the General Statistical Office.
8. Compiling reports on the reception, distribution and utilization of
emergency relief specified in Item 2.c of Article 6 of this Regulation for
submission to the Prime Minister as well as sending these reports to
the Ministry of Planning and Investment and the Ministry of Finance.

Chapter IV
NGO AID IMPLEMENTATION
Article 17. Materials, goods, machinery, equipment and vehicles
imported or domestically purchased through NGO aid already approved
by relevant authorities shall be exempt from the import tax, special
consumption tax and VAT (if applicable) according to the existing Tax
Law.
Article 18.
1. Items (materials and equipment) included in the prescribed list of
goods banned from importation by the Government shall not be
received.
2. The recipient agency shall agree to receive used goods only when
such goods have been certified by relevant authorities in the Donor
side’s country to possess at least 80 per cent of their original quality,
and shall request the Donor side to deliver the goods only upon
receiving reception permit from the relevant national authorities
mentioned in Article 6 of this Regulation.
Article 19. Agencies directly receiving and implementing NGO aid
shall assume the following responsibilities:
1. Agencies assigned to prepare programmes/projects shall be
responsible for drafting the programme/project documents for
submission to relevant authorities for approval prior to implementation.
2. Specifying the contents, objectives, value and beneficiaries of non-
project aid for submission to relevant authorities for approval prior to
reception and utilization.
3. Undertaking the required procedures for the reception of used goods
specified in Item 2 of Article 18 of this Regulation.
4. Working with concerned agencies to make the necessary
preparations and deliver the required assistance, in collaboration with
the Donor side.
5. Implementing the aid items, in line with agreement reached and
commitment made with the Donor side, in accordance with the

Government’s existing regulations on financial and monetary
management, capital construction and bidding procurement as well as
with the guidance provided by the higher level authorities mentioned in
Item 6 of Article 16 of this Regulation.
6. Preparing periodical, terminal and ad hoc (if necessary) reports on
the reception, implementation and financial situation of their respective
NGO aid for submission to the higher level authorities, who shall then
prepare consolidated reports for submission to the relevant authorities
mentioned in Item 2 of Article 20 of this Regulation.
Article 20. Reporting on NGO aid implementation shall be
conducted on a periodical basis (semi-annually and annually) and at the
completion of the aid items:
1. Ministries, ministerial-level agencies, Government departments,
People’s Committees of provinces and centrally managed cities and
central bodies of civil organizations shall be responsible for compiling
reports on the performance and financial situation of all their NGO aid.
2. Within two weeks after six months of implementation and one month
after one year of implementation as well as within three months after
the completion of all the NGO aid, the above-mentioned reports shall be
submitted to the Ministry of Planning and Investment, the Ministry of
Finance and the General Statistical Office for their monitoring and
preparation of consolidated reports for submission to the Prime Minister.
3. The contents of the reports shall be in accordance with the guidelines
provided by the Ministry of Planning and Investment and the Ministry of
Finance as stipulated in Item 6 of Article 9 and Item 8 of Article 10 of
this Regulation.
Article 21. Monitoring and inspecting NGO aid reception and
utilization:
1. The Ministry of Planning Investment shall, in collaboration with the
Ministry of Finance, play the lead role in the annual monitoring and
inspection of NGO aid.

2. Each relevant authority shall propose and organize ad hoc monitoring
and inspection according to specific requirements.
3. Ministers, Heads of ministerial-level agencies, Heads of Government
departments, Chairmen of People’s Committees of provinces and
centrally managed cities and Heads of central bodies of civil
organizations shall be responsible for guiding relevant agencies in
monitoring and inspecting the performance by branches, levels and
agencies of their tasks related to NGO aid reception and utilization as
stipulated in this Regulation; as well as for inspecting suspected
violations of the provisions prescribed in this Regulation.
All organizations and individuals that violate this Regulation shall be
punished according to laws./.
FOR PRIME MINISTER
DEPUTY PRIME MINISTER
(signed)
Nguyen Manh Cam