Decree 80: Application of 10 tasks and powers of managing agencies in Vietnam

Decree 80: Application of 10 tasks and powers of managing agencies in Vietnam (Illustration)

Under Article 3 of Decree 80/2020/ND-CP, the managing agencies in Vietnam include:

- Central agencies of political organizations and affiliated agencies; the Supreme People's Procuracy; the Supreme People's Court; agencies affiliated to the National Assembly; State Audit; Office of the President; ministries, ministerial-level agencies, agencies affiliated to the Government; central agencies of the Vietnam Fatherland Front and socio-political organizations; the People's Committees of provinces or central-affiliated cities (hereinafter referred to as provincial People's Committees);

- Where humanitarian aid does not have a specific address, the central agency of the Vietnam Fatherland Front is the managing agency;

- Ministries, ministerial-level agencies, governmental agencies and provincial People's Committees shall promulgate decisions on establishment of socio-political, socio-political-professional organizations, social organizations, socio-professional organizations, science and technology organizations, social funds and charity funds that are legally established according to the provisions of Vietnamese law on associations, scientific and technological organizations, social funds and charity funds;

- Central agencies of associations or unions of associations set up under the Prime Minister's Decision;

- If the recipient is a social enterprise, the People's Committee of the province where the business is registered is the managing agency.

Under Article 13 of this Decree, 10 tasks and powers of the managing agencies in the management and use of grant aid not in the form of official development assistance in Vietnam are as follows:

1. Mobilize aid on the basis of demands and orientations for socio-economic development and aid receiving capacity.

2. Approving aid according to their competence.

3. Deciding the management apparatus for the implementation of the program or project.

4. Approving the program/project implementation plan; making financial plan, annual state budget revenues and expenditures on the basis of the aid owner's proposal, in accordance with relevant provisions of law.

5. Directing the bidding work according to current law provisions. In case the aid is not part of the budget revenue, the implementation of bidding shall comply with the agreement with the aid donor.

6. Taking responsibility for financial management, fully reporting sources of capital and assets to receive and use aid amounts. Approving financial statements on annual basis and upon completion of the project.

7. Taking responsibility for periodically summarizing financial statements of aid amounts approved by the managing agencies.

8. Checking and supervising the project implementation, the observance of current regulations on project management.

9. Send annual report on aid disbursement and use; annual general report on aid mobilization results, implementation, supervision and appraisal of aid under their management, to the Ministry of Planning and Investment, the Ministry of Finance and relevant agencies no later than January 15 of the following year; send the final report on aid amounts to the Ministry of Planning and Investment and the Ministry of Finance within 06 months after the completion of the aid.

10. Take responsibility for loss, waste, corruption and other violations in aid management and use under their management.

More details may be found in Decree 80/2020/ND-CP effective from September 17, 2020.

Ty Na

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