The Ministry of Planning and Investment would like to acknowledge Mr. Nguyen Anh Duc's proposal (Faculty of Law, Hanoi National University) to research and improve processes and procedures for receiving non-refundable aid.

Through the receiving and responding system to people's feedback and recommendations, Mr. Nguyen Anh Duc, who works at the Faculty of Law, Hanoi National University, proposed the Government to allow Hanoi National University to take the initiative in procedures for receiving foreign aid.

According to Mr. Duc, finding fund from abroad for the construction of learning materials, improving the quality of teaching, ... is very difficult. However, the administrative procedures related to receiving aid are still complicated and depend on many ministries, departments and agencies.

Currently, in order to receive funding from abroad, the Faculty of Law where Mr. Duc works not only has to report and ask for permission from Hanoi National University but also to report and get permission from the Ministry of Planning and Investment, the Ministry of Finance and other relevant agencies. Such procedures for requesting permission from ministries, departments and branches are redundant, reducing the responsibility of Hanoi National University, not in line with the trend of university autonomy and limiting the proactive search aid sources.

Regarding this issue, The Ministry of Planning and Investment responds as follows:

Authority to approve aid amounts

In case of aid, Mr. Nguyen Anh Duc stated that the aid providers belong to the subjects specified in Article 1 of the Regulation on management and use of foreign non-governmental aid, issued together with Decree No. 93/2009 / ND-CP dated October 22, 2009 of the Government, not for profit purposes, as prescribed in Article 15 of the Regulation promulgated together with Decree No. 93/2009 / ND-CP above, aid amounts by the foreign non-governmental organization, which is under the management of Hanoi National University, will be considered and decided by Hanoi National University if there is no content on security, defense and religion.

In case of aid, Mr. Duc stated that the aid providers were the subjects specified in Article 1 of Decree No. 16/2016 / ND-CP dated March 16, 2016 on management and use of ODA and concessional loans. concessions of official development assistance (ODA) donors of the Government, according to the provisions of Articles 17 and 22 of Decree No. 16/2016 / ND-CP, the project managing agency or the grant Non-project assistance will assign relevant units to prepare project proposals and reports on investment policy proposals to competent authorities for approval of investment policies and investment decisions according to capital sources and field.

Pursuant to Article 5 of the State Budget Law No. 83/2015 / QH13 dated June 25, 2015, non-refundable foreign aid of foreign governments, organizations and individuals to the Vietnamese Government and local government is the revenue of the state budget. The reception, management and use of this capital source are governed by relevant legal documents.

Aid appraisal process

According to the provisions of Decree 113/2014 / ND-CP dated November 26, 2014 on the management of international cooperation in law, aids related to legal training and retraining must have comments. evaluation of the Ministry of Justice (if within the scope of approval competence of the Government’s Prime Minister) and comments (if within the competence of the governing body).

For non-refundable ODA, valued at under USD 2 million, not within the scope of security and defense under the investment-deciding competence of the managing agencies. According to Decree 16/2016 / ND-CP, the governing body shall seek written comments from the Ministry of Planning and Investment and the Ministry of Finance regarding the project proposal on the ability to balance capital and domestic finance mechanism. applied to aid.

Based on the opinions of the agencies, the governing body assigns the relevant units to prepare a report on investment policy proposal to send to the relevant agencies for comments. Based on the opinions of the relevant agencies, the governing body shall consider and approve the report on investment policy proposal, serving as the basis for project investment approval / non-project aid.

For foreign non-governmental aids that are not in the fields of security and religion, directly formulate legal documents from the Government’s Prime Minister level upwards, according to the provisions of the attached regulation of Decree 93/2009 / ND-CP, governing bodies collect written comments from the relevant agencies. Based on the official opinions of the agencies, the unit assigned by the managing agency to appraise will summarize and submit to the competent authorities for approval.

Currently, the Ministry of Planning and Investment is presiding over the amendment and supplementation of regulations related to non-refundable aid provided in the two decrees mentioned above, and submitted to the Government for consideration and decision.

The Ministry of Planning and Investment would like to acknowledge Mr. Nguyen Anh Duc's proposal to research and improve the processes and procedures for receiving non-refundable aid.