Within 30 working days after the issuance of decisions on setting up Program or Project Preparation Boards, the chairmen of the Boards shall have to submit the ODA program or project preparation plans to the managing agencies or project owners for approval.

2. Appraisal of technical support ODA programs and projects

The appraisal of technical support ODA programs or projects that fall under the approving competence of the Prime Minister as stated in Clause 5, Article 19 of the Regulation is guided as follows:

2.1. The Ministry of Planning and Investment is the agency assuming the prime responsibility for organizing the appraisal.

2.2. The concerned agencies shall be invited by the Ministry of Planning and Investment to participate in appraising technical support programs and projects on the basis of their functions of performing the State management over ODA as stated in Articles 37, 38, 39, 40, 41, 42, 43, 44 and 45 of the Government�s Decree No. 17/2001/ND-CP of May 4, 2001 on the ODA management and use as well as the nature of each specific program or project. These agencies shall be responsible before law for their contributed opinions on the technical support programs or projects.

2.3. Preparation for appraisal of technical support programs and projects:

2.3.1. Dossiers of to-be-appraised technical support programs or projects, which are sent to the Ministry of Planning and Investment, shall be deemed valid if they comprise:

a/ The document on the submission of the program or project to the Prime Minister, endorsed by the head of the managing agency;

b/ The original document of the program or project in Vietnamese and English, already agreed with the donor (8 sets).

c/ The draft agreement (or treaty) on the project to be signed between the representatives of the Vietnamese side and the donor, 8 sets in Vietnamese and in either English or another language as agreed upon by the two sides (if any).

2.3.2. Appraisal conditions:

To be eligible for appraisal, a technical support project must satisfy all the following conditions:

- It is on the list of ODA programs and projects already approved by the Prime Minister.

- It has a valid dossier set as provided for at Point 2.3.1, Section III of this Circular.

2.3.3. Where a dossier for appraisal of a technical support program or project is not valid under Point 2.3.1 and fails to meet the conditions stated at Point 2.3.2, within five working days after receiving the dossier, the Ministry of Planning and Investment shall notify such to the managing agency and request it to make necessary supplements or amendments to validate the dossier.

2.3.4. Within five working days after receiving the complete and valid dossiers (8 sets each) from the managing agencies and if the projects are eligible for appraisal, the Ministry of Planning and Investment shall send documents to the agencies which are invited to participate in the appraisal as stated at Point 2.2, Section III of this Circular, requesting them to give their official opinions on the technical support programs or projects.

2.3.5. Within 15 working days after the Ministry of Planning and Investment sends its written requests, the appraising agencies must send their official written opinions to the Ministry of Planning and Investment. Past this time limit, if they have no written opinions, they shall be deemed to have agreed to the contents of the technical support programs or projects.

2.3.6. Basing itself on the contents, size and nature of each technical support program or project to be appraised, the Ministry of Planning and Investment shall decide on the form of appraisal in either of the two following ways:

a/ Summing up (written) opinions of the appraising agencies and submitting them to the Prime Minister for consideration and approval, for technical support programs or projects having their contents unanimously agreed upon by the appraising agencies.

b/ Organizing a meeting to appraise the technical support program or project and submitting its results to the Prime Minister for consideration and approval, for technical programs or projects having complicated contents on which there remain divergent opinions among the appraising agencies.

2.4. Appraisal of technical support programs and projects

2.4.1. Where the appraisal is organized in the form specified at Point 2.3.6.a, Section III of this Circular, within 10 working days after the end of the time limit for the agencies to give their opinions, the Ministry of Planning and Investment shall sum up opinions and submit them to the Prime Minister for consideration and decision.

2.4.2. Where the appraisal is organized in the form specified at Point 2.3.6.b, Section III of this Circular, within 10 working days after the end of the time limit for the appraising agencies to give their opinions, the Ministry of Planning and Investment shall organize the appraisal meeting(s).

In special cases, the appraisal meetings for technical support programs or projects may be organized after the end of the above-said time limit but must be within 20 working days after the end of the time limit for the agencies to give their opinions.

2.4.3. In the process of appraising a technical support program or project, the following contents must be clarified:

a/ The conformity of the technical support program�s or project�s objectives with the Government�s priorities; the explicitness and compatibility of the expected results (or output products) of the program or project with the set objectives.

b/ The feasibility of the mode of organizing the implementation of the program or project in terms of the project management and implementation capacity and the coordination mechanism in the implementation process.

c/ The contributing capability of the Vietnamese side, especially the reciprocal capital source and the rationality of the program�s or project�s budgetary structure earmarked for foreign and Vietnamese experts, domestic and overseas training, equipment and supplies, managerial costs and other expenses.

d/ The donor�s commitments, prerequisites and other conditions (if any) on the aid amounts as well as the Vietnamese side�s commitments to implementing the technical support program or project.

e/ The effectiveness and sustainability of the technical support program or project after its completion.

f/ Opinions which have been unanimous or remain divergent between the sides.

2.4.4. The results of the appraisal meetings shall be recorded in appraisal reports which clearly state: The contents already agreed upon by the appraising agencies; the contents which should be supplemented and/or adjusted (if any); the time limit for finishing such supplements and/or adjustments; and opinions which remain divergent and are proposed to be reserved (if any).

2.5. After the appraisal meetings:

2.5.1. Where an appraisal meeting concludes that the technical support program or project satisfies all conditions for approval, within five working days after its organization, the Ministry of Planning and Investment shall submit the technical support program or project to the Prime Minister for approval.

2.5.2. Where an appraisal meeting requires any supplement, adjustment or explanation, within five working days after the appraisal meeting is organized, the Ministry of Planning and Investment shall send a notice on the meeting�s conclusions and requirements to the managing agency. Basing itself on the specific contents and nature of the requirements for supplement, adjustment or explanation, the Ministry of Planning and Investment shall set a time limit for the satisfaction of these requirements. The managing agency shall, upon receiving the notice on the appraisal meeting�s conclusions and requirements, have to make the necessary supplement, adjustment or explanation as mentioned in the notice. Where it needs to negotiate with the donor on such supplement, adjustment or explanation, the managing agency shall have to carry out the negotiation; when re-submitting the finalized document of the technical support program or project, it must have a written report on the negotiation results, clearly stating the supplement, adjustment or explanation which has been accepted or declined by the donor.

2.5.3. Where after the appraisal the appraising agencies have opinions different from the written opinions they made earlier, they must send to the Ministry of Planning and Investment an additional document to supplement and revise the appraisal reports to be submitted to the Prime Minister.

2.5.4. Within 10 working days after the Prime Minister approves the technical support programs or projects, the Ministry of Planning and Investment shall notify the donors and the managing agencies of such approval for the latter to proceed with the signing and implementation of the programs or projects.

IV. NEGOTIATION AND SIGNING OF SPECIFIC ODA INTERNATIONAL AGREEMENTS

Within five working days after the end of the negotiation, the agencies with the prime responsibility for the negotiation shall issue written notices on the negotiation results as mentioned in Article 23 of the Regulation with the following contents:

1. The names of the agency with the prime responsibility for the negotiation and the negotiation-participating agencies.

2. The place and time of the negotiation.

3. Legal grounds for the negotiation.

4. A summary of the developments and results of the negotiating process, clearly stating the agreements already reached and matters (if any) not yet agreed upon between the sides and proposed solutions thereto.

V. MANAGEMENT AND IMPLEMENTATION OF ODA PROGRAMS AND PROJECTS

1. The Management Boards of ODA programs or projects

1.1. Decisions on the establishment of the Management Boards of ODA programs or projects

1.1.1. Within 15 working days after the feasibility study reports or the documents of the ODA programs or projects are approved by competent authorities, the managing agencies must issue decisions on the basis of the proposals of the project owners, or authorize the project owners to issue decisions, to establish the Management Boards of the ODA programs or projects (called the Project Management Boards for short).

The managing agencies and project owners may assign the responsibility to manage the newly-approved project to the Project Management Board which is managing another ODA program or project. In this case, within 15 working days after the feasibility study reports or the documents of the ODA programs or projects are approved by competent authorities, the managing agencies shall issue decisions or authorize the project owners to issue decisions to adjust or supplement all (or some) contents of the decisions on the establishment of the existing Project Management Boards as stated at Point 1.1.2, Section V of this Circular; to adjust or supplement all (or some) contents of the Operation Regulations of the existing Project Management Boards as stated at Point 1.7.2, Section V of this Circular.

1.1.2. A decision on the establishment of a Project Management Board must contain the following contents:

a/ The program or project title;

b/ Legal grounds for the establishment of the Project Management Board;

c/ The names of the managing agency and the project owner;

d/ Subjects and scope of management of the Project Management Board;

e/ Objectives to be achieved by the Project Management Board;

f/ Functions and tasks of the Project Management Board;

g/ Powers of the Project Management Board;

h/ Legal person status of the Project Management Board;

i/ Organizational structure and personnel of the Project Management Board.

1.2. Functions and tasks of the Project Management Boards

Within the scope of the tasks and powers of the project owners, the Project Management Boards are project owners� representative bodies, have the right to perform the assigned powers and tasks on behalf of the project owners. The Project Management Boards shall be responsible to the project owners and before law for their activities.

a/ Representing the project owners in legal relations and in relations with State management bodies, donors, enterprises, individuals and other organizations inside and outside the country within the scope authorized by the project owners.

b/ Coordinating with the donors in formulating and deploying the program or project implementation plans, ensuring the right objectives, objects, tempo and commitments inscribed in the signed ODA international agreements as well as the approved ODA program or project contents. After establishment, the Project Management Boards must collect and systemize all ODA-related regulations of the Vietnamese State, the concerned donors� regulations on the program or project management and implementation, study and thoroughly understand these documents and the international agreements on the programs and/or projects under their charge, thereby to work out detailed project implementation plans, attaching importance to the timetable and necessary measures to ensure harmony between the Vietnamese sides� and concerned donors� procedures.

c/ Coordinating with the donors in determining the tasks for each post in the Project Management Boards, organizing and selecting people to work in the Project Management Boards under the authorization of the project owners.

d/ Based on the program or project implementation plans and tempos, coordinating with the donors in administering in time and efficiently using resources of the programs or projects; handling technical incompatibilities among the units participating in the program or project implementation.

e/ Making annual plans on the withdrawal of reciprocal capital and ODA capital according to the domestic financial mechanism and the donors� regulations for their programs and/or projects and carrying out procedures for withdrawing such capital in line with the project implementation tempo.

f/ Coordinating with the donors in selecting consultants for the program or project implementation.

g/ Preparing technical requirements and criteria of goods, construction and installation and services to be procured for the programs and/or projects and organizing bidding to select contractors in accordance with the Vietnamese State�s regulations and the ODA international agreements already agreed upon with the donors.

h/ Preparing and signing contracts within the frameworks of the programs and/or projects and organizing the performance of the signed contracts; supervising the concerned parties� performance of their contractual obligations.

i/ Strictly observing the regime of reporting on the implementation situation as prescribed in Article 35 of the Regulation, financial mechanisms, statistical, accounting and auditing regimes according to the State�s current regulations and satisfying requirements (if any) of the donors on financial reporting and auditing.

j/ Organizing the execution of decisions and submitting to the inspection and supervision of the project owners and competent superior agencies according to the provisions of law.

k/ Projecting risks which may occur to the programs or projects; proposing and taking measures in order to proactively prevent and mitigate such risks.

l/ Detecting cases where adjustments, modifications and/or supplements should be made to their programs and/or projects; preparing necessary documents and filling in procedures to propose them to the competent authorities for approval.

m/ Acting as coordinators for the project owners and agencies participating in the program or project implementation in contacting the donors on various matters arising in the program or project implementation course.

n/ Performing other tasks falling into the scope of the project owner�s tasks and powers as provided for by the specific ODA international agreements.

o/ Handing over the completed programs or projects to the receiving units according to regulations for operation and exploitation; discharging the responsibility to repay to the State budget loans as stated in the already signed lending contracts.

p/ Other tasks within the frameworks of the programs or projects as assigned by the project owners.

Particularly, the Project Management Boards of the programs or projects involving construction shall be assigned the following additional tasks and powers:

q/ Representing the project owners to work with the local administrations and concerned organizations and individuals to settle matters related to ground clearance, compensation and resettlement according to schedule and under the conditions set forth in the international agreements with the donors.

r/ Preparing the construction grounds, blue-print materials and technical standards to be handed over to the contractors according to the contractual conditions.

s/ Sending persons who have professional capability and administrative competence to the construction sites to settle matters arising during the construction.

Depending on the size and nature of each program or project (investment or technical support, allocated or re-lent loans or mixed loans�), the complexity of the program or project (number of components, input and output products, activities, participants, implementation place, impact scope, etc.) as well as its conditions and staff, the project owner may assign the Project Management Board all or some of the above-said tasks and powers.

The tasks, powers and responsibilities of a Project Management Board shall be stated in its establishment decision.

1.3. Where a Project Management Board is not assigned all the tasks and powers specified at Point 1.2, Section V of this Circular, in order to perform the remaining tasks and powers, the project-managing agency shall simultaneously issue decisions on the organization of the program or project implementation for various functional sections of the managing agency or authorize the project owners to issue decisions on the organization of the program or project implementation for various functional sections under the project owner�s charge as mentioned at Point 2, Section V of this Circular.

1.4. On the organization of the Project Management Boards

The organization of a Project Management Board principally covers the following:

1.4.1. The key posts in the Project Management Board as mentioned at Point 1.5.1, Section V of this Circular, the sections attached to the Project Management Board and the functions and tasks of the key posts and the attached sections.

1.4.2. The relationships between the key posts and the sections in the Project Management Board; the relationship among the sections in the Project Management Board.

1.4.3. The official payroll of a Project Management Board, including:

a/ Number of officials and employees on the official payroll;

b/ Number of officials and employees working on a part-time basis;

c/ Number of employees working under long-term and short-term contracts within the scope of operation of the Project Management Board.

1.5. Staff of the Project Management Boards

Each Project Management Board must have enough staff to discharge the assigned tasks and powers. Depending on the size of each program or project, the contents and scope of operation, the assigned responsibilities and powers, the organizational structure and operation of a Project Management Board and its staff shall be determined on the following principles:

1.5.1. Posts to be decided and appointed by the managing agencies or by the project owners under the authorization of the managing agencies

a/ The chairman of the Project Management Board (or project director or general director for the Management Board of a large-scale key national project) who manages and administers on behalf of the project owner all activities of the program or project. The chairman of the Project Management Board shall be responsible to the project owner for the program or project implementation activities and results according to the functions and tasks prescribed in the Project Management Board establishment decision.

b/ Vice-chairmen of the Project Management Board: A Project Management Board may have one or several vice-chairmen who assist the chairman in the tasks assigned by the chairman; vice-chairmen shall be selected by the chairman and appointed by the project owner at the proposal of the chairman.

c/ The project�s chief-accountant, who shall be responsible to the project owner and the chairman for all financial and auditing management work of the project or program. He/she shall be appointed by the project owner after consulting with the chairman.

d/ Other key posts (if necessary).

1.5.2. Officials and employees who are selected and decided by the Project Management Board chairmen

Basing themselves on the functions, tasks and organizational structures as well as payroll limits of the Project Management Boards as stated in the Project Management Board establishment decisions, the Project Management Board chairmen shall select and decide on officials and employees who do not fall under the deciding competence of the managing agencies or project owners.

1.5.3. Selection of officials and employees for the Project Management Boards

Officials and employees of the Project Management Boards (including those who are transferred from the project owner�s apparatus or recruited from elsewhere) must be selected according to the criteria (for professional fields, qualifications, experiences and personal qualities) which are specified in the "job descriptions" or "job assignment terms" determined and publicized by the chairmen prior to selection.

1.6. Assurance of the operations of the Project Management Boards

1.6.1. The Project Management Boards must be furnished with office equipment, communication and information equipment and have enough office spaces to meet the requirements of the program or project management and implementation.

1.6.2. The Project Management Boards shall have fundings for the project management work; fundings for payment of officials� and employees� salaries as prescribed in their Organization and Operation Regulations.

1.6.3. For programs and projects involving re-lent loans, if deeming it necessary, the project owners shall base themselves on the current regulations to add the owner�s capital source to the operation fundings of the Project Management Boards in order to step up, and enhance the effectiveness of, their activities.

1.7. Regulations on the Organization and Operation of the Project Management Board

1.7.1. Within 15 working days after the Project Management Board establishment decisions are issued, the managing agencies shall decide or authorize the project owners to issue Regulations on the Organization and Operation of the Project Management Boards.

1.7.2. A Regulation on the Organization and Operation of the Project Management Board shall be issued at the proposal of the Project Management Board and must contain the following contents:

a/ Legal grounds for the issuance of the Regulation;

b/ Material and technical conditions ensuring the operations of the Project Management Board;

c/ Stipulations on the operation regimes: administering regime, regime on coordination within the Project Management Board and with outside agencies, regime on coordination with the donor regarding matters related to the project activities; reporting regime of the Project Management Board;

d/ Other regulations.

2. Decisions on the organization of program or project implementation

2.1. Decisions on the organization of program or project implementation shall be issued by the project-managing agencies or by the project owners under the authorization of the project-managing agencies simultaneously with the Project Management Board establishment decisions.

2.2. A decision on the organization of program or project implementation must contain the following contents:

a/ Legal grounds for the issuance of the decision;

b/ The names of the project-managing agency and project owner;

c/ The subjects and scope of regulation of the decision;

d/ The organizational structures and operations of the sections regulated by the decision and the relationships between these sections with the concerned agencies and with the donor;

e/ Tasks and powers of the sections or personnel regulated by the decision;

f/ Material and technical conditions ensuring the operation of the functional sections regulated by the decision;

g/ Other regulations.

3. Adjustment of, amendment and supplement to the ODA program or project contents during the implementation process

3.1. The adjustment of and supplement to ODA programs and projects falling under the approving competence of the Prime Minister as stated at Point a, Clause 1, Article 31 of the Regulation are understood as follows:

3.1.1. Any adjustment of, amendment or supplement to the program or project contents which results in a change in the approved objective.

3.1.2. Any adjustment of or supplement to program or project contents, which increases the approved total capital amount (for one adjustment or accumulated adjustments) by more than 10% or by 10% or less but the increased amount exceeds USD one million for investment programs and projects, or USD 100,000 for technical support programs and projects (for amounts in the donor�s currency, they must be converted into the US dollar at the exchange rate set by the donor).

3.1.3. Adjustment of, amendment or supplement to, the completion deadline, the deadline for the final withdrawal of capital of the program or project, which leads to the readjustment of the agreement signed between the Vietnamese Government and the donor.

3.2. Dossiers of application for adjustment of and/or supplement to ODA programs or projects

3.2.1. For requests for adjustment of, amendment and/or supplement to programs or projects mentioned at Points 3.1.1 and 3.1.2, Section V of this Circular, the dossiers thereof sent to the Ministry of Planning and Investment shall consist of:

a/ The written request for the adjustment of, amendment and/or supplement to the program or project, endorsed by the head of the managing agency;

b/ For once adjusted, amended and/or supplemented ODA programs and projects which fall under the competence of the managing agencies as prescribed at Point b, Clause 1, Article 31 of the Regulation, the copies of the feasibility study report (or the document of the technical support program or project) already adjusted, amended and/or supplemented at the last time and the decision approving such feasibility study report (or the document of the technical support program or project), which is issued by the head of the managing agency; the written explanation on the previous adjustments, supplements and/or amendments;

c/ The written notice on the donor�s commitment to the adjustment, amendment and/or supplement (a copy written in a language agreed upon by the two sides and its Vietnamese version), if any;

d/ A draft agreement on the ODA adjustment of, amendment and/or supplement, to be signed between the representatives of the Vietnamese side and the donor (a copy written in a language agreed upon by the two parties and its Vietnamese version);

e/ Where the dossier of appraisal of the adjustment, amendment and/or supplement to the ODA program or project is not valid, the Ministry of Planning and Investment shall notify such to the managing agency and ask the latter to make necessary supplements or amendments to validate the dossier. Within five working days after receiving the complete and valid dossiers, the Ministry of Planning and Investment shall complete the appraisal procedures.

3.2.2. As for requests for adjustment of the completion deadline and/or the deadline for the final withdrawal of capital of the program or project as mentioned at Point 3.1.3, Section V of this Circular, the dossiers thereof sent to the Ministry of Planning and Investment shall consist of:

a/ The written request for adjustment of the completion deadline and/or the deadline for the final withdrawal of capital of the program or project, endorsed by the head of the managing agency, clearly stating the reasons therefor and related matters arising from the adjustment (if any);

b/ The donor�s consent on the adjustment of the completion deadline and/or the time limit for closing the account of the program or project.

3.3. The form, process and time limit for appraisal of the content adjustment, amendment and/or supplement stated at Points 3.1.1 and 3.1.2, Section V of this Circular for ODA-funded investment programs and projects shall comply with the evaluation provisions in the Regulation on Investment and Construction Management.

3.4. The form, process and time limit for evaluation of the content adjustment, amendment and/or supplement stated at Points 3.1.1 and 3.1.2, Section V of this Circular for technical support programs and projects shall comply with the provisions of Point 2, Section III of this Circular.

3.5. The submission to the Prime Minister for consideration and decision of the adjustments of and/or supplements to the completion deadline and/or the deadline for the final withdrawal of capital of the programs or projects as stated at Point 3.1.3, Section V of this Circular is as follows: Within five working days after the Ministry of Planning and Investment receives the complete and valid dossiers, it shall, depending on the dosier contents, assume the prime responsibility for submitting them in either of the following two forms:

3.5.1. Submitting them to the Prime Minister for consideration and decision.

3.5.2. Sending documents to the concerned agencies (attaching therewith the managing agencies� dossiers of application for adjustment and/or supplement) requesting them to give their official opinions on the adjustment and/or supplement:

- Within 10 working days after the Ministry of Planning and Investment sends the written requests, the concerned agencies shall send their written opinions to the Ministry of Planning and Investment.

- Within five working days after the end of the time limit for the concerned agencies to give their written opinions, the Ministry of Planning and Investment shall submit them in writing to the Prime Minister for consideration and decision.

4. Approval of adjustments of, amendments and/or supplements to the contents of ODA programs and projects by the managing agencies and project owners

The approval of adjustments of, amendments and/or supplements to the contents of programs and projects as mentioned at Points 3.1.1 and 3.1.2, Section V of this Circular by the managing agencies as prescribed at Point a, Clause 2, and Point b, Clause 1, Article 31 of the Regulation and by the project owners as prescribed at Point b, Clause 2, Article 31 of the Regulation must ensure the uniform management over ODA. At least 10 working days prior to approval, the agencies that issue approval decisions must send to the Ministry of Planning and Investment the written agreements or adjustment requests of the donors.

VI. PROJECT MONITORING AND EVALUATION

In the course of implementing ODA programs and projects, the Project Management Boards must send the following periodical reports according to regulations to the managing agencies, the Ministry of Planning and Investment, the Ministry of Finance, the concerned provincial-level People�s Committees and the branch-managing ministries:

1.1. Monthly reports:

For investment programs and projects which have been approved by the Prime Minister and are key national ones, within 10 working days after the end of each month, the Project Management Boards must send reports made according to the set form. Particularly for the first month�s implementation reports, right after the agreements come into force, these reports must be sent together with the "Basic information on the project" made according to the set form.

1.2. Quarterly reports:

Within 15 working days after the end of every quarter, all Project Management Boards must send reports made according to the set form. For programs and projects which are not key national ones, particularly for the first quarter�s implementation reports, immediately after the agreements come into force, these reports must be sent together with the "basic information on the project" made according to the set form.

1.3. Annual reports:

Not later than January 31 of the subsequent year, the Project Management Boards must send reports made according to the set form.

1.4. Completion reports:

Within six months after the completion of the implementation of the ODA programs or projects, the Project Management Boards must send reports made according to the set form.

2. The managing agencies� reports

Quarterly, within 20 working days after the end of the quarter, and 40 days after the end of the year, the managing agencies must make sum-up reports for the whole quarter and the whole year on the ODA mobilization results, reports evaluating the situation of the implementation of ODA programs and projects under their respective management, made according to the set forms, and send them to the Ministry of Planning and Investment and the Ministry of Finance.

3. Handling of breaches of the reporting regime

For agencies that fail to abide by the prescribed reporting regime, depending on the seriousness of their breaches, the managing agencies or the Ministry of Planning and Investment shall assume the prime responsibility in coordinating with the concerned agencies according to their functions to:

3.1. Request the agencies with the reporting responsibility to directly present in detail the contents required by the reporting regime.

3.2. Handle, within the ambit of their powers, breaches of the reporting regime committed by the reporting agencies or notify the matter beyond their competence to the competent agencies for handling.

4. Formulation of the systems of monitoring and evaluating ODA programs and projects

The formulation of the systems of monitoring and evaluating ODA programs and projects at the managing agencies mentioned in Clause 5, Article 45 of the Regulation is guided as follows:

4.1. At the Planning and Investment Services of the provincial/municipal People�s Committees and the Planning and Investment Departments (or departments in charge of ODA management) of the ministries and branches, there should be full-time (or part-time) sections in charge of monitoring and evaluating ODA programs and projects under the management by the managing agencies.

4.2. Functions and tasks of the sections in charge of project monitoring and evaluation are as follows:

- Monitoring the situation of the implementation of ODA programs and projects under the management of the managing agencies; updating problems arising in the course of implementation of ODA programs and projects and coordinating with the concerned agencies in solving them.

- Monitoring and urging the handling of problems in the course of implementation of ODA programs and projects; summing up and reporting to the unit heads the situation of the project implementation and proposing measures to solve problems.

- Urging the Project Management Boards under the managing agencies and concerned Project Management Boards according to the State management functions (for the provinces and cities, they are projects managed by the ministries or branches but implemented in these provinces or cities; for the ministries and branches, they are projects under their management but implemented by the provinces or cities) to abide by the prescribed reporting regime.

- Making reports according to regulations and sending them to the managing agencies.

- Assuming the prime responsibility for organizing the evaluation of ODA programs and projects at the requests of the heads of the managing agencies.

- Developing, utilizing and applying information technologies to, and guiding professional skills in, the work of management, monitoring and evaluation of ODA programs and projects under the managing agencies.

VII. ORGANIZATION OF IMPLEMENTATION

1. This Circular replaces Circular No. 15/1997/TT-BKH of October 24, 1997 of the Ministry of Planning and Investment guiding the implementation of Decree No. 87/CP of August 5, 1997.

2. This Circular takes effect 15 days after its signing. In the course of implementation if there arise any problems, the ministries, localities and concerned units should promptly report them to the Ministry of Planning and Investment for further supplements to and finalization of this guiding Circular.

Minister of Planning and Investment
TRAN XUAN GIA