Decree No. 20/2023/ND-CP dated April 25th, 2023 of the Goverrnment on amendments and supplements to several Articles of the Government’s Decree No. 114/2021/ND-CP dated December 16, 2021, regarding management and use of official development assistance (ODA) or soft loans from foreign donors

The provisions of Decree No. 114/2021/ND-CP regarding investment in ODA projects that are amended, supplemented include:

- Addition of decision making authority on investment policy for Category-B and Category-C ODA projects to Ministers and Provincial-level People’s Councils at clauses 3a, 3b Article 12;

- Amendments, supplement s to procedures for modification of ODA program/project proposals at clause 5 Article 13

- Additions of procedures for making an investment policy decision for ODA projects under the decision-making authority of a Minister and the provincial People’s Council at clauses 5a, 5b Article 14.

- Addition of the regulation on application for appraisal of the feasibility study report, report on investment policy proposal for the Category-B and Category-C ODA projects which must have Letter of opinions from the Ministry of Planning and Investment, the Ministry of Finance and entities involved at point b1 clause 1 Article 15.

- Amendments to procedures for extension of the time limit for appraisal of the feasibility study report, report on investment policy proposal for ODA projects mentioned at clause 7 Article 15.

- Addition of the regulation to allow ODA project investor to undertake implementation of the procedures for formulation, appraisal and approval of the contractor selection plan before conclusion of the agreement on ODA loan at Article 17.

- Addition of the regulation on exemption from following procedures for amendments to the investment policy cases of amendments to ODA project, including: adjustment of the project implementation duration does not change the remaining main contents of the investment policy decision; the adjustment leading to the decrease in an ODA loan and does not lead to any change in the remaining main contents of the investment policy decision (clause 2a Article 19).

- Amendments, supplements to the authority to approve documents of the technical assistance project financed by the non-refundable ODA grant at point c clause2 Article 23.

- Replacement of form of proposal for ODA or soft loan-financed program/project at Appendix II.

This Decree takes effect from March 1st, 2022.