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INTRODUCTION AND ACKNOWLEDGEMENTS This volume serves as an updater to the main report Vietnam: Partnership for Development produced for the full Consultative Group Meeting in December 2003. It is the product of teamwork and partnerships in Vietnam, and brings together contributions from many of the joint Government-donor-NGO partnership groups in Vietnam. Its production was only possible through the co- operation, contributions and active support of a wide range of development partners, including Government staff, donors and NGOs. Key contacts (though not necessarily leaders) of the partnership groups, many of which have reported in this volume, are currently as detailed below. Non-inclusion in this volume does not imply non-activity on the part of a partnership group: some prefer to report on an annual basis only. Poverty Working Group/PTF Martin Rama/Doan Hong Quang (World Bank); Alessandro Pio (ADB); Nguyen Tien Phong (UNDP) Gender Partnership Group Tran Mai Huong (NCFAW) Environment Ta Dinh Thi (MONRE)/Nguyen Ngoc Ly (UNDP) People’s Participation Katrine Pedersen (UNDP) SOE Reform & Equitization Daniel Musson (World Bank) Small and Medium Enterprises Philippe Scholtes (UNIDO) Financial Sector James Seward(World Bank)/Susan Adams (IMF) Trade Martin Rama/Nguyen Minh Duc/Theo Larsen (World Bank) Vietnam Business Forum Deepak Khanna (IFC) Education Mandy Woodhouse (Oxfam GB)/ Erik Bentzen (UNICEF)/ Bill Tod (SCF- UK)/ Samuel Lieberman (World Bank) Health Dr. Hans Troedsson (WHO) HIV/AIDS Nancy Fee (UNAIDS) Forestry Vu Van Me (FSSP - MARD) Poorest Communes Le Thi Thong (MPI) Natural Disasters R. Kuberan (UNDP) MARD-ISG Tran Nam Binh (MARD-ISG) Transport Truong Tan Vien (Ministry of Transport)/ Masayuki Karasawa (JBIC) HCMC ODAP Trang Trung Son (HCM DPI) 1

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Page 1: INTRODUCTION AND ACKNOWLEDGEMENTSsiteresources.worldbank.org/INTVIETNAM/Resources/... · Web viewSo far more than 14,500 former employees have benefited. In January 2003, work began

INTRODUCTION AND ACKNOWLEDGEMENTS

This volume serves as an updater to the main report Vietnam: Partnership for Development produced for the full Consultative Group Meeting in December 2003. It is the product of teamwork and partnerships in Vietnam, and brings together contributions from many of the joint Government-donor-NGO partnership groups in Vietnam. Its production was only possible through the co-operation, contributions and active support of a wide range of development partners, including Government staff, donors and NGOs. Key contacts (though not necessarily leaders) of the partnership groups, many of which have reported in this volume, are currently as detailed below. Non-inclusion in this volume does not imply non-activity on the part of a partnership group: some prefer to report on an annual basis only.

Poverty Working Group/PTF Martin Rama/Doan Hong Quang (World Bank); Alessandro Pio (ADB); Nguyen Tien Phong (UNDP)

Gender Partnership Group Tran Mai Huong (NCFAW)Environment Ta Dinh Thi (MONRE)/Nguyen Ngoc Ly

(UNDP)People’s Participation Katrine Pedersen (UNDP)SOE Reform & Equitization Daniel Musson (World Bank)Small and Medium Enterprises Philippe Scholtes (UNIDO)Financial Sector James Seward(World Bank)/Susan Adams (IMF)Trade Martin Rama/Nguyen Minh Duc/Theo Larsen

(World Bank) Vietnam Business Forum Deepak Khanna (IFC)Education Mandy Woodhouse (Oxfam GB)/ Erik Bentzen

(UNICEF)/ Bill Tod (SCF-UK)/ Samuel Lieberman (World Bank)

Health Dr. Hans Troedsson (WHO)HIV/AIDS Nancy Fee (UNAIDS) Forestry Vu Van Me (FSSP - MARD)Poorest Communes Le Thi Thong (MPI)Natural Disasters R. Kuberan (UNDP)MARD-ISG Tran Nam Binh (MARD-ISG)Transport Truong Tan Vien (Ministry of Transport)/

Masayuki Karasawa (JBIC)HCMC ODAP Trang Trung Son (HCM DPI)Urban Tran Ngoc Chinh (Ministry of Construction)Legal Luu Tien Dung (UNDP)Public Administrative Reform Pham Van Diem (MoHA)/Nguyen Tien Dung

(UNDP)/ Dao Viet Dung (ADB)/Soren Davidsen (World Bank)

Public Financial Management Nguyen Ba Toan (Ministry of Finance)/Susan Adams (IMF)

Partnership group on Aid Effectiveness Duong Duc Ung (MPI)/Bella Bird (DFID)

Bo Thi Hong Mai (World Bank) managed production of this volume and coordinated the Theme Notes from the Development Partnership Groups.

Further copies of this report are available from the Vietnam Development Information Center, Ground Floor, 63 Ly Thai To, Hanoi, and at www.worldbank.org.vn , www.un.org.vn and www.vdic.org.vn

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TABLE OF CONTENTS

GENDER............................................................................................................................................4

ENVIRONMENT (ISGE)...................................................................................................................6

PEOPLE'S PARTICIPATION...........................................................................................................8

STATE OWNED ENTERPRISE REFORM....................................................................................10

FINANCIAL SECTOR....................................................................................................................13

SMALL AND MEDIUM ENTERPRISES (SMES)........................................................................29

FOREST SECTOR SUPPORT PROGRAM AND PARTNERSHIP (FSSP & P)..........................34

AGRICULTURE AND RURAL DEVELOPMENT (ISG).............................................................39

TRANSPORT..................................................................................................................................64

LEGAL SECTOR............................................................................................................................70

PUBLIC ADMINISTRATION REFORM......................................................................................88

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ACRONYMS AND ABBREVIATIONS

ADB Asian Development Bank ASEAN Association of South East Asian NationsAFD Agence Francaise de Developpement CEPT Common Effective Preferential TariffCIDA Canadian International Development Agency CIE Center for International EconomicsCIEM Central Institute for Economic Management CPNET The government information network CPRGS Comprehensive Poverty Reduction and Growth StrategyCPLAR Cooperation Program on Land Administration Reform DANIDA Danish International Development AgencyEU European UnionFAO Food and Agricultural OrganisationGDP Gross Domestic Product ILO International Labour OrganisationISG International Support GroupJICA Japanese International Cooperation AgencyJBIC The Japan Bank for International CooperationKfW Kreditanstalt fur WiederaufbauLPTS Legal Professional Training SchoolLMDG Like-Minded Donor GroupMDG Millennium Development GoalMOJ Ministry of Justice MOT Ministry of TradeNGO Non-governmental OrganizationNORAD Norway Agency for Development NSCERD National Steering Committee for Enterprise Reform and Development ODA Official Development AssistanceONA Office of National Assembly OSS One-Stop Shop PPA Participatory Poverty AssessmentRPA Regional Poverty AssessmentSDC Swiss Development CooperationSIDA Swedish International Development AgencySPC Supreme People’s CourtSPP Supreme People’s ProcuracyUNDP United Nations Development ProgrammeUNODC United Nations Office of Drug ControlUN United NationsUNFPA United Nations Population FundUNICEF United Nations Children's FundUNESCO United Nations Educations, Scientific and Cultural OrganisationUNIDO United Nations Industrial Development OrganisaitonUNV United Nations VolunteersUNHCR United Nations High Commissioner for Refugee VDG Vietnam Development GoalVHLSS Vietnam Household Living Standards SurveyVNU Viet Nam National University SBV State Bank of VietnamWB World BankWHO World Health Organisation WTO World Trade Organization

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The Gender Action Partnership (GAP) was established in late 2002. GAP is an inclusive partnership whose membership includes representatives from government agencies, international and local non-governmental organizations, bilateral donors, United Nations and other multilateral agencies that contribute to Viet Nam’s development. The group aims to support more coordinated efforts towards equitable development and poverty reduction in Viet Nam by supporting gender-responsive policies, practices and approaches in the national development process.

Since gender equality plays a central role in poverty reduction and sustainable development, GAP’s work focuses around promoting gender equality outcomes through dialogue, policy review and specific development initiatives on gender issues between partners and government and within government. GAP’s efforts are guided by a strategic and responsive forward work program, supported by targeted working groups focusing on key issues such as Public Finance Reform and the CPRGS process. The group is action oriented, specifically targeting current issues, relevant to the Vietnamese context.

The National Committee for the Advancement of Women (NCFAW), as the key government agency responsible for the provision of policy advice to government on gender equality in national policy and planning, acts as the GAP Secretariat.

GAP meetings are hosted and facilitated by a different organisation on a bi-monthly basis.

GAP is an open forum for discussions on key development issues related to gender for all members of the development community.

GAP Secretariat Contact details:National Committee for the Advancement of Women39 Hang Chuoi St, HanoiPhone: (84 4) 971 13 49 – Fax: (84 4) 971 13 48E-mail: [email protected]

ISSUES IN FOCUS FOR 2004

2004 People's Councils Elections

GENDER ACTION PARTNERSHIP(GAP)

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Recently efforts were made to increase the proportion of women elected to People's Councils at the provincial, district and commune levels within 17 provinces for the May 2004 elections. Based on results received thus far, there are increases in the number of women elected to People's Councils in at least 11 of 17 provinces (65%) ; 13 of 17 districts (76%) and 14 of 17 communes (82%) , thanks to an extensive communication campaign, candidate training, and other support.

This is a positive sign. However, political balance of power remains at far less than parity and in most cases, the proportion of elected women still does not meet National Strategy for the Advancement of Women targets for elected candidates which are set at 28% at the provincial level, 23% at the district level, and 18% at the commune level, or government targets for this election of a minimum of 25% at all three levels, and at least 27% in large cities. Thus greater efforts towards women's empowerment are needed to increase and strengthen the quality of women's political participation at these various levels.

Gender Equality Law

In November 2003, the 9th Session of the National Assembly issued a resolution on the body's law making agenda for 2004, which included the Law on Gender Equality. The first draft of the law is expected to be submitted to the National Assembly in late 2005, and the final draft law, submitted for National Assembly approval in the 2nd quarter of 2006.

The Law will aim either to outline specific regulations on gender equality (e.g., gender equality in economic opportunities, in politics, in healthcare, etc.), or to provide a mechanism for implementing existing legal regulations on gender equality. The Law in either form can have a significant impact on ensuring that all government agencies are afforded the means and capacity for gender equality and gender mainstreaming as well as held accountable for developing gender responsive policies in their regular work. Thus donor awareness of and support for this Law will be critical to improving its quality and potential effectiveness.

Next five-year Socio-economic Development Plan (2006-2010)

In addition, during the upcoming development of the next five-year national socio-economic development plan, it will be critical that gender analysis is undertaken and gender-responsive plans and policies are adopted throughout this process. It will be especially important not only to require government agencies to initiate and develop gender sensitive plans and policies themselves, but also that key agencies with expertise on gender issues (e.g., NCFAW at the policy level, the VWU at the local levels) are regularly consulted during the development of the five-year plan.

Land Tenure Certificate

The issue of Land Tenure Certificate (LTC) carrying the names of both husband and wife is extremely important because of the fundamental role of access to and awareness of land in income generation, access to formal credit, shared wealth ownership and the security of women and children, especially in the case of divorce. However, only 2,3% of land use certificates have the name of both husband and wife (GSO 2003). It is recognized that the problem regarding equality of rights for women is not in the law itself but rather in the administration and application of the law as well as in the attitude of officials and stakeholders at local levels.

In June 2004 a workshop will be organized by the World Bank to contribute to the implementation of the new land law on having LTCs with the names of both spouses nationwide.

INTERNATIONAL SUPPORT GROUP NOTES FOR MIDPARTNERSHIP REPORT

Progress

International Support Group on Natural Resources and Environment (ISGE) under the Ministry of Natural Resources and Environment (MoNRE) has been officially reactivated since the Plenary Meeting held on

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16 June 2003. The period afterwards was spent on completing all relevant documents relating to organization and work plan of ISGE.

The core document is Terms of Reference (TOR) for ISGE completed in July 2003 and was approved by MoNRE, donor community and the line Ministries at the Consultation Meeting on 1st September 2003. The objective of ISGE was identified to assist MoNRE, other Ministries and international donors towards mobilization and better coordination of ODA resources to attain Government of Vietnam and MoNRE plans, priorities, policies and strategies geared towards enhanced sustainable management of the natural resources and environment through facilitating functions and activities.

The Steering Committee of ISGE was established according to the Decision No. 255/QD-BTNMT dated 26 February 2004 issued by the Minister of the MoNRE. The Steering Committee of ISGE had drawn up future mandates of ISGE, especially towards to formation of initial Thematic Ad-hoc Groups (TAG) – key action of ISGE. The Decision comprised an official list of ISGE members including 9 line Ministries and 11 embassies and international organizations. On 24 March 2004, the Minister of MoNRE signed Decision No. 269/QD-BTNMT on formation of ISGE Secretariat to assist the ISGE Steering Committee and implement specific assignments of ISGE.

The ISGE Secretariat and consultants completed a Report “Mobilization of ISGE Thematic Ad-Hoc Working Groups”, a basis for formation of 3 pilot TAGs. Other works has been being completed as regards of Trust Fund, recruitment and nomination of members as well as working facilities for ISGE Secretariat, preparation of ISGE Steering Committee meeting.

The 1st Meeting of the ISGE Steering Committee was held in Hanoi on 12 May 2004. Participating in the Meeting were around 50 participants represented for members of ISGE Steering Committee, other relevant international and domestic agencies.

The meeting addressed two key issues:Policy exchange: i) National Strategy on Environment Protection to 2010 with a vision to 2020; ii) Agenda 21 – A Vision to Sustainable Development in Vietnam; iii) Revision of laws on Environment Protection, Water Resources and Minerals; ISGE issues: Nomination of Co-chairs of ISGE, Work Plan 2004-2006, formation of 3 pilot TAGs.The Meeting has given the following conclusions:Approval for formation of 3 pilot TAGs.Nomination of Mr. Rolf Samuelsson, First Secretary of the Embassy of Sweden as Co-chair of ISGE.Confirmation of 4 key donors in contributing fund to ISGE for its operation.ISGE Secretariat was requested to complete quickly the Work Plan and Budget of ISGE and Terms of References for pilot TAGs.

II. Concrete Actions for the next six months

As concluded in the 1st meeting of ISGE Steering Committee, the following actions should be undertaken for the next 6 months: To develop TOR for and start up pilot TAGs not later than July 2004 To issue at least 2 issues of ISGE Newsletter To set up ODA databases and commence ISGE website before September To prepare thematic seminars on topics such as environment in planning, inclusion of environment in

education at primary and high school or any topic raised for the future by ISGE Steering Committee. The outcomes from thematic seminars might be good for formation of new TAGs or ODA projects.

To hold a Plenary Meeting of ISGE on December for reviewing of works done and drawing up future mandates for ISGE.

III. The key assignments of ISGE in the next 6 months:

Coordination and policy dialogue: outcomes from pilot TAGs, thematic seminars, Plenary Meeting. Dissemination of information: setting up website, issue of newsletter and gathering ODA databases. Lesson learned for next steps.

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INFORMAL WORKING GROUP on PEOPLE’S PARTICIPATION (PPWG)WORKPLAN 2004

Revised 05.04.04

I. Background

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In October 2003 the Civil Society Working Group was renamed as the People’s Participation Working Group (PPWG). The overall goal and objectives of the PPWG were revised accordingly to reflect the development of the group’s purpose and character since its initial meetings in 1998 in Hanoi.

Goal: to support the Government of Vietnam in its efforts to enhance people’s participation in their own development and the development process in Vietnam including participation in development policy design, implementation and monitoring.

Objectives: to promote 1) an enabling environment and capacity building for enhanced people’s participation and 2) coordination of activities for efficient use of resources invested in this area

It was also agreed that the new PPWG will draw up an annual work plan.

II. Principles for work plan and organisation of work

To ensure the effectiveness of group interactions a core group of regular participants was formed to take on the coordination role.

While considering the 2004 work plan, it was felt that the PPWG’s tradition of knowledge-sharing and discussion could be maintained. This provides a basis for PPWG participants who engage in activities outside the scope of the PPWG to meet around issues of particular interest to enhance the cooperation and allow for synergies. PPWG participants thus share the commitment of making the group a place to develop ideas and approaches that may be useful or inspirational to its respective participants at the operational level.

The work plan is structured around regular meetings, which will be held - more or less - on a quarterly basis. It is thus proposed to have four thematic meetings in 2004. Each meeting will enable participants to reflect on important participation issues through presentations and discussion and will also deal with ongoing business issues. Each meeting should contribute to the production of the three general outputs (listed in the group’s mission statement):

- information and knowledge sharing- clarification of concepts and- promotion of dialogue.

Relevant and interested Government bodies as well as non-governmental organisations will be invited to participate in the activities of the PPWG in order to promote dialogue and partnership.

III. Work plan 2004

The work plan was drafted in February-March 2003 by the core group with inputs from participants of the PPWG group meetings on December 9, 2003 and February 3rd.

Tentative timing

Type of activity Theme

April Thematic meeting “Clarification of concepts”

Through presentation and discussion participants will explore some key concepts in Vietnamese and in English used in relation to the issue of “people’s participation”. It will be discussed how the terms are used and understood and ways to

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clarify terms will be explored. Possible activities to help clarification in this area will be presented and discussed.

May Partnership note Update on activities of the group

A brief note will be produced to feed into the partnership report for the Mid-CG meeting in June.

June Thematic meeting “NGOs and Local Governance”

Through presentation and discussion participants will explore the linkages between NGO sector development and local governance. Exploring the legal framework it will be discussed how linkages could be further enhanced.

September Thematic meeting “CPRGS: the role of Civil Society and NGOs”To be further developed ….

October Partnership note Update on activities of the groupA brief note will be produced to feed into the partnership report for the CG meeting in December.

November Thematic meeting “Lessons learnt from NGOs”To be further developed ….

STATE OWNED ENTERPRISES REFORM

1. The working group on SOE reform continues to mobilize and coordinate technical assistance for the formulation of the SOE reform and equitization program, even though the frequency of meetings of the SOE reform group has been irregular.

2. A weakness of the working group previously identified has been its inability to secure representation of the Government on a regular basis, in part because relevant agencies were engrossed in developing greater consensus in the Party and re-organizing their machinery for implementing SOE reform.

3. However, the group has been very effective in disseminating and sharing information and in mobilizing assistance. Donors have used several mechanisms for spreading information. Also, they have helped to mobilize assistance for both formulation and implementation of the program.

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Meeting the success criteria and supporting the CPRGS

The implementation of the multi-year SOE reform program continues. More than 2,500 transformations are planned over the period 2003-05 of which the majority will be equitisations. This would reduce the number of SOEs to less than half this number there were at 31 December 2002. Implementation of these plans is behind schedule, although the target schedule was ambitious. The numbers of SOEs equitised each month continues to increase.

The Social Safety Net set up for employees leaving SOEs has been operational throughout the last six months. So far more than 14,500 former employees have benefited.

In January 2003, work began at 3 General Corporations: Vinatex, Vinacafe and Seaprodex directed at producing restructuring plans for the General Corporations themselves and, thereafter, restructuring assistance to several of the SOEs at each of the three industry groupings. This work is being funded by DFID. The restructuring plans for the 3 General Corporations were presented in June 2003 and were adopted by Government. There are several recommendations including converting each of the 3 General Corporations into holding companies. A legislative framework that would accommodate the formation of “mother-child” companies is expected to be in place in July of this year.

The initial target of conducting performance assessments of 30 large SOEs was met and a total of 42 such assessments have now been completed. Further assessments are planned at 5 Vinacoal SOEs. The work has been funded by AusAID, Danida and, latterly, by PHRD funding. The performance assessments of 5 large food SOEs and the Southern Foods GC was the subject of a one day workshop held in Hanoi in March of this year. The consultants presented the findings from their work including recommendations for future action. All stakeholders are invited to such workshops.

A major meeting was held in Hanoi in March over 2 days at which the status and future direction of SOE reform was discussed. One outcome from this meeting has been Prime Ministerial Directive 11/2004. This document lists the several pieces of legislation concerning SOE reform that are to be listed and/or updated. The list is comprehensive. The new SOE Law is due to come into force on 1 July. The timing is designed such that the subsidiary pieces of legislation will be ready by a similar date. Directive 11 also indicates the plans that are to be drawn up for the equitisation of larger SOEs. This will be a significant development of the SOE reform program.

Aligning support to the CPRGS over the next six months

The remaining agenda for SOE reform as listed in the CPRGS is being addressed already.

The Government’s implementation of the plans to transform smaller SOEs will continue.

It is programmed to continue the implementation of the restructuring plans for the Vinatex, Vinacafe and Seaprodex and commence upon the reform work at other associated SOEs.

Further work is in progress to facilitate the clearance of SOE debts through the Debt and Asset Trading Company (DATC).

Work is also in progress to improve the reporting of financial data by SOEs and to develop a set of criteria for supervising and evaluating the business performance and effectiveness of SOEs.

Success criteria for 2004 and beyond

Progress measured against the criteria in the CPRGS has been good. SOE reform continues to be regarded as a “litmus test” of reform and is frequently cited by both donors and Vietnamese officials as an area that should be given special attention. As well as tackling the remaining tasks, attention should be focused on:

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Continued implementation of SOE reform and the equitization program.

Greater participation of Government, including a leadership role in the working group.

Higher frequency of meetings.

Assistance to SOE reform

Donor &Grant Amount

Purpose (Implementing Agency) Status

ADBUS$ 1,400,000

Enhancing institutional capacity of key agencies (MOF, SAGO, SBV, SSC) in diagnostic audit of SOEs and in review and approval of SOEs seeking to equitize and obtain public listing (MOF, SAGO and SSC)

Ongoing.

ADB US$ 1,600,000

Formulate and implement a strategy and practical method for corporatization of SOEs; Implement and enforce the adoption of international best practice in corporate governance (NSCERD).

Ongoing.

ASEM 1 European (WB administered) US$ 100,000

Social safety net program to deal with labor displaced by SOE reform (CIEM in coordination with NSCERD)

Completed

ASEM 4 European (WB administered) US$ 439,000

Acceleration of equitization and restructuring SOEs in the Ministry of Transport.

Completed

ASEM 5 European (WB administered) US$ 1,470,000+US$ 400,000

Support implementation of SOE reform in three line ministries (industry, agriculture, and construction) and two provinces /municipalities (Hanoi and one other). (NSCERD)

Phase I completed, extended to a Phase II – ongoing

Danida (Denmark) administeredUS$ 3,100,000

Support to Industry Restructuring and Enterprise Development by implementing equitization plans and providing post equitization assistance (Ministry of Fisheries).

Approved and ongoing. Expected completion: 2002; an extension is expected

Danida (Denmark) (WB administered) US$ 390,000

Advisory services, public awareness campaign, the establishment of a MIS for SOEs, and capacity building in NERC (NSCERD)

Completed in Jan.00.

Danida (Denmark)(WB administered) US$ 340,000

Advisory services on implementation of the decree on divestiture, and establishment and use of Support Fund for Equitization and Restructure (NESCERD)

Completed.

Danida (Denmark) administeredUS$ 1,700,000

Support to capacity building in NSCERD in the SOE reform process (NSCERD).

Project started 2001 and will run through 2004.

DFID (UK)UK£ 1,800,000 Pilot restructuring of three general corporations –

Vinatex, Vinacafe, and the Seaprodex (NSCERD)

Approved initial phase; consultants prepared inception report.

GTZ (Germany) administeredUS$ 5,600,000

Support to restructuring SOEs in agriculture (Quang Tri Province, Tan Lam area) by providing advise in implementing equitization plans (People’s Committee Quang Tri, CREM)

Under implementation. Expected completion: 2003.

IFC administered /Danida (Denmark)US$ 410,000

Dak Lak pilot project to equitize and divest 51 SOEs, using the auction process for equitization.

Ongoing

IFC administeredUS$ 782,000 AusAID & US$ 180,000, IFC

Support a pilot divestiture program for small SOEs in Haiphong People’s Committee, using the auction process for equitization.

Completed, never finalized

Japanese Int’l Coop Agency -- SOE part

Study on Economic Development Policy in the Transition Toward a Market Oriented Economy in

Phase II 1997 – 1998, follow-up is ongoing.

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US$ 250,000 Vietnam (MPI)Japan PHRD (WB administered) US$ 218,000

Data collection and monitoring system for SOEs under SAC-preparation. It is also financing a survey of 350 SOEs (GDMSCAE, Ministry of Finance)

Completed in June 1999.

Japan PHRD, AusAID, DanidaUS$ 7,900,000

Diagnostic audits to assess financial health and performance of selected SOEs, and recommend restructuring plans to turn around enterprises.

Expected completion: February 2004.

UNDP US$2,145,800

“Strengthening the Capacity of the General Department for the Management of State Capital and Assets in Enterprises” by setting up a MIS for SOEs and valuation (GDMSCAE, Ministry of Finance)

Now ended.

FINANCIAL SECTOR PARTNERSHIP UPDATE

The Government-donor financial sector working group was established in late 1999 to discuss the proposed banking reform program developed by State Bank of Vietnam (SBV), to support implementation of that program, and to coordinate donor support on banking reform. Since that time, the working group has expanded beyond just banking reform and now covers a wide range of financial sector issues, including capital market development.

The partnership on financial sector reform is informal, but serves as an effective forum in which partners can periodically share information on the financial sector reform program, provide updates on current financial sector developments, and coordinate various donor reform activities. In addition, the working group serves as a forum for seeking donor assistance.

Meeting the Success Criteria and Supporting the CPRGS Implementation of the Government’s financial sector reform program continues with strong

donor support as evidenced by an ever increasing number of related assistance projects.

Five meetings of the working group have been held since the CG meeting in Hanoi in 2002 with strong participation from Government, donors and NGOs.

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The findings of the Vietnam Banking Sector Review were presented by the SBV and the World Bank to the working group in January 2003 and the report was formally released to the working group in May.

At the May meeting of the working group, the SBV emphasized the importance and need for more technical assistance from the donor group to the SBV and the State Owned Commercial Banks (SOCBs), particularly VBARD.

Also at the May working group meeting, Canada presented its proposed banking reform project, the new World Bank Financial Sector Specialist (funded by the Dutch) was introduced, an update on the World Bank’s Payment System and Bank Modernization Project and plans for a follow-on operation were discussed, and the USAID-funded STAR Project provided an overview of its advisory activities on amending the financial sector laws to comply with the US-Vietnam Bilateral Trade Agreement (BTA).

The October working group meeting was designed to discuss technical assistance to the financial sector of Vietnam and the Government strategies for banking and capital market development. Over 30 representatives from 20 different interested donor agencies attended the session with presentations of financial sector reform strategies by the World Bank, ADB, SBV, and State Securities Commission (SSC).

The March 2004 meeting of the group was focused on the SBV’s strategy for international integration, the announced equitization plans for two SOCBs, and improving donor coordination. The meeting was hosted by the World Bank with participation by the SBV and ten other donors. The meeting resulted in concrete action in the formation of a technical assistance proposal for ASEM resources to support the SBV in developing a detailed implementation and assistance roadmap for the strategy for international integration.

There continues to be good accord between the sections on banking reform in the Government’s CPRGS and overall donor supported technical and lending assistance in the area of financial sector reform. In addition, the key Government agencies involved in reform implementation, the SBV and SSC, are beginning to more tightly link their recently issued sector development strategies to their assistance needs.

In the June 2004 meeting, the newly passed amendments to the Law on Credit Institutions was presented by the SBV. The five key reform areas of the amendments were outlined and follow-on discussion focused on the implications of the new amendments. In addition, AusAID presented their new Technical Assistance to the SBV for Formulating the Strategy on International Integration in Banking Sector. The USAID-supported Vietnam Competitiveness Initiative was also presented to the group, as were some updates on four other donor projects. The meeting concluded with an offer of the IMF to develop a technical financial sector dictionary for use by the donors and the SBV. Representatives from 15 donor organizations and donor-funded projects were in attendance.

The comprehensive matrix covering the technical assistance and lending support provided by all donors on the Government’s financial sector reform agenda has been updated, improved, and expanded to cover most areas of financial sector support beyond banking (such as policy lending, microfinance, and non-bank financial institutions). The Financial Sector Assistance Matrix now is organized by financial institution and then by function for easier navigation, with active links to the appropriate contacts for each project, and it is now posted on the on the World Bank Vietnam Country Office (www.worldbank.org.vn).

Aligning Support to the CPRGS Over the Next Six Months

The Government’s CPRGS enjoys strong backing by the members of the working group on banking reform. This is expected to continue to be the case going forward, and based on the last session of the donor working group (as well as the last session of the sub-group on technical assistance to the SBV), below are some descriptive examples of the ongoing and planned assistance projects by bilateral and multilateral donors going forward:

The Dutch are supporting financial sector reform through the funding of a technical twinning arrangement at Vietcombank, which is being administered by the World Bank. The Dutch are

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also funding a World Bank Financial Sector Specialist to facilitate the implementation of financial sector reform programs.

Canada is preparing for a comprehensive, long-term technical assistance program with the SBV on supervisory and regulatory capacity building. Canada is also providing assistance in the review of the Law on the State Bank and the Law on Credit Institutions.

France is continuing to support the development of VBARD and the restructuring of ICB, as well as support of ADB operations on capital market development.

Japan is exploring technical assistance in a number of areas, including on the development of money brokering regulations and bond market development, SME access to finance issues, as well as other capital market legal framework issues.

The United States, through its STAR Project, has initiated technical assistance and support for amending the financial legal framework to comply with the US-Vietnam Bilateral Trade Agreement, WTO accession, and international best practices.

Germany is supporting the SBV through training on International Accounting Standards (IAS) and will be assisting in providing training to banks on internal audit and risk management in the coming year.

Switzerland is supporting a training program for macroeconomic and monetary policy making and is planning to provide assistance in other areas, such as training on bank restructuring and securities market development.

The European Commission is strongly supporting the ASEM Trust Fund process and is engaging in an large SME development credit line project to be managed by the Development Assistance Fund (DAF), which will include some training components.

The Asian Development Bank continued providing lending and technical assistance support to the Government on non-bank financial issues, such as capital market, insurance, and leasing development, as well as strengthening the framework for secured transactions. The ADB released its publication, “Vietnam Capital Market Roadmap: Challenges and Policy Options,” during the October meeting of the working group.

The IMF is providing advisory services on banking supervision, monetary policy, and auditing of the central bank.

The World Bank has provided Vietnam with an investment loan to support the development of the payments system and bank modernization efforts and is preparing a follow-up investment project. One additional lending operation is under preparation to assist the SBV in developing comprehensive management information systems. Beyond lending operations, the Bank has eight active or approved technical assistance programs. The following two active ASEM grants cover: (i) SBV for Supervision, Regulation and Development, and (ii) Basel Core Principle Assessment as well as to the SOCBs for their in area such as the IAS audits. In addition, four other proposals that will begin implementation in the coming months under the ASEM Trust Fund resources will provide assistance on reforming policy lending institutions, accounting, capital markets development, bank restructuring, and preparing an SOCB for equitization. The World Bank is also supporting two other assistance projects that are assessing the credit information infrastructure and strengthening the Ministry of Finance’s role as shareholder of the SOCBs that are funded by Spain and a multi-donor trust fund respectively.

Success Criteria for 2004 and Beyond

Regular meetings of the Financial Sector Donor Working Group with strong participation of donors, NGOs and representatives from relevant Government agencies, such as the SBV, SSC, and MOF.

Gradual transition of full leadership in the Working Group process to the Government, with donor support of the process.

Effective information sharing and project progress reporting through the Financial Sector Assistance Matrix, which is posted on the World Bank Vietnam Country Office website and updated as appropriate.

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Increased efficiency of donor assistance to support the financial sector reform agenda through enhanced strategic planning and sequencing of financial sector reforms and assistance initiatives.

Improved and accelerated implementation of the financial sector reform programs as outlined in the CPRGS and other key Government development strategies.

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FINANCIAL SECTOR ASSISTANCE PROJECTS IN VIETNAMFinancial Sector Donor Working Group

As of June 7, 2004

REFORM AREA TASK DONOR / PROVIDER STATUS START DATE CONTACT

State Owned Commercial Banks (SOCBs)

Bank RestructuringSupport for implementation. of restructuring plan for ICB

World Bank / European Union

ASEM Trust FundCompleted 2001

Miguel Navarro-Martin, World Bank

[email protected]

Support for Implementation of ICB Restructuring Plan AFD Ongoing Sept. 2003 Marc Gilbert, AFD

[email protected]

Twinning arrangement for VCB Dutch Embassy / World Bank Ongoing 2003

Hans Peter Verhoeff, Dutch Embassy

[email protected] Thomas Rose, World Bank

[email protected]

Support for implementation. of restructuring plan for BIDV

World Bank / European Union

ASEM Trust FundCompleted 2002

Miguel Navarro-Martin,World Bank

[email protected]

Support for the implementation of the restructuring plan for BIDV – phase 2

World Bank / European Union

ASEM Trust FundApproved 2004 James Seward, World Bank

[email protected]

Business strategy for VCB GTZ Ongoing 2002 Andreas Hauskrecht, [email protected]

Reform internal auditing for VCB GTZ Ongoing 2002 Andreas Hauskrecht, [email protected]

Plan for SOCB RestructuringWorld Bank /

Japan PHRD Trust Fund

Completed March 2000

Miguel Navarro-Martin, World Bank

[email protected]

Bank corporate governance World Bank / European Union

Completed Nov. 2001 Miguel Navarro-Martin, World Bank

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REFORM AREA TASK DONOR / PROVIDER STATUS START DATE CONTACT

ASEM Trust Fund [email protected]

Mekong Housing Bank IAS Audits, Assessment, and Preparation for Strategic Partnering / Equitization

World Bank / European Union

ASEM Trust FundApproved 2003

Amanda Carlier, World Bank

[email protected]

Mekong Housing Bank Diagnostic Review

Seco (Swiss Embassy) / Private

SectorCompleted Nov 2003

Barbara Jäggin, Swiss Embassy

[email protected]

Quondam Partners, Juerg Vontobel

[email protected]

Mekong Housing Bank TA for Credit Management, Treasury and Asset Liability Management, HR management, IT,and MIS

Seco / Private Sector Proposed 2004

Barbara Jäggin, Swiss Embassy

[email protected]

Quondam Partners, Juerg Vontobel

[email protected]

Workshops in Bank Restructuring Seco (Swiss Embassy) / Private

SectorApproved Dec 2003

Barbara Jäggin, Swiss Embassy

[email protected]

Quondam Partners, Juerg Vontobel

[email protected] Resolution

Planning the establishment of a national AMCWorld Bank /

European Union ASEM Trust Fund

Completed May 2000

Miguel Navarro-Martin, World Bank

[email protected]

Development of AMCs in each of the SOCBs World Bank / European Union

ASEM Trust Fund

Completed Dec. 2001 Miguel Navarro-Martin,World Bank

[email protected]

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REFORM AREA TASK DONOR / PROVIDER STATUS START DATE CONTACT

Non-performing loan resolutions for Joint Stock Banks GTZ Ongoing 2004 Andreas Hauskrecht, GTZ

[email protected]

Workshop and training on AMCsWorld Bank /

European Union ASEM Trust Fund

Completed Dec. 2001

Miguel Navarro-Martin,World Bank

[email protected]

Payment System

Payment System and Bank Modernization Project World Bank On-going 1996

Miguel Navarro-Martin, World Bank

[email protected]

James Seward, World [email protected]

Second Payment System and Bank Modernization Project World Bank Proposed 2005

Miguel Navarro-Martin, World Bank

[email protected]

James Seward, World [email protected]

Payment System and Bank Modernization for VBARD (extension of the WB PSBM) AFD Ongoing Sept.2003 Marc Gllbert, AFD

[email protected] Auditing

Enhancing VAS for Banks (Application of IAS)

World Bank /Japan PHRD Trust

FundCompleted Dec. 2001

Miguel Navarro-Martin, World Bank

[email protected]

Workshop on IAS ApplicationWorld Bank /

Japan PHRD Trust Fund

Completed Dec. 2001

Miguel Navarro-Martin, World Bank

[email protected]

Audit Pre-work for ICBWorld Bank /

European Union ASEM Trust Fund

Completed Sept. 2001

Miguel Navarro-Martin,World Bank

[email protected]

IAS Audits 2003-2004 for ICB World Bank / Ongoing 2003 James Seward, World Bank

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REFORM AREA TASK DONOR / PROVIDER STATUS START DATE CONTACT

European Union ASEM Trust Fund [email protected]

IAS Audit 2000 for ICB USAID Completed Sept. 2001 Dennis Zvinakis, [email protected]

IAS Audit 2001 for ICB USAID Completed Nov. 2002 Dennis Zvinakis, [email protected]

IAS Audit 2000 for VCB Danida (Denmark) CompletedMikael Winther, Danish

[email protected]

Pilot Training Internal Auditing for VCB GTZ Completed Jan. 2002Andreas Hauskrecht, [email protected]

t

Audit Training series GTZ Ongoing 2003/4Andreas Hauskrecht, [email protected]

t

Joint Stock Banks (JSBs)

Bank Restructuring

Blue print for JSB restructuring and consolidation

World Bank /Japan PHRD Trust

FundCompleted 1999

Miguel Navarro-Martin, World Bank

[email protected]

Management information system diagnosticWorld Bank /

European Union ASEM Trust Fund

Completed Dec. 2001

Miguel Navarro-Martin,World Bank

[email protected]

Assessment of 10 JSBsWorld Bank /

European Union ASEM Trust Fund

Completed Dec. 2001

Miguel Navarro-Martin,World Bank

[email protected]

Risk Management Review risk management procedures and techniques

World Bank /AusAID

Completed Dec. 2001 Miguel Navarro-Martin,World Bank

[email protected]

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REFORM AREA TASK DONOR / PROVIDER STATUS START DATE CONTACT

Risk management trainingWorld Bank /

European Union ASEM Trust Fund

Completed Dec. 2001

Miguel Navarro-Martin,World Bank

[email protected]

Risk Management for Joint Stock Banks GTZ Ongoing 2003 Andreas Hauskrecht, [email protected]

Training of the JSBs credit departments, training of BRC in risk management

Seco (Swiss Embassy) / Private

Sector / BTCOngoing 1998 - 2004

Barbara Jäggin, Swiss Embassy

[email protected]

Training and enforcement of capacities, specially in the fields of credit policies, risk management and sectoral analysis for VBARD

AFD On-going Sept. 2003 Marc Gilbert, [email protected]

State Bank of Vietnam (SBV)

Organizational Change Banking Sector Review World Bank Completed 2002 James Seward, World Bank

[email protected]

Training in change management

Unidentified—to be coordinated by

MPDF—Bankers Training Center

Proposed Nov. 2002 Tony Jennings, [email protected]

SBV restructuring GTZ Ongoing 2002 Andreas Hauskrecht, [email protected]

Long-term training and technical assistance to the SBV on supervisory, regulatory and banking services issues

CIDA Proposed Feb. 2004

Dean Frank/CIDADean.frank@dfait-

maeci.gc.caClaude Goulet/CIDAClaude.goulet@dfait-

maeci.gc.ca

SBV Capacity Building in Regulation, Supervision, and Development

World Bank / European Union

ASEM Trust FundOngoing 2003 James Seward, World Bank

[email protected]

SBV Capacity Building European Union Proposed 2005 Francisco Fontan, EC

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REFORM AREA TASK DONOR / PROVIDER STATUS START DATE CONTACT

[email protected]

Supervision /Safety-Soundness

Standards Assistance in directing Credit Manual Preparation IMF / World Bank Completed 2001

Susan Adams, [email protected]

Miguel Navarro-Martin, World Bank

[email protected]

Review on-site inspection manualWorld Bank /

Japan PHRD Trust Fund

Completed 2001

Miguel Navarro-Martin, World Bank

[email protected]

Establish chair for bank auditing at Banking Institute GTZ Ongoing 2000 Andreas Hauskrecht, GTZ

[email protected]

Training on Bank Auditing GTZ Completed 2001 Andreas Hauskrecht, [email protected]

Strengthening banking supervision/auditing GTZ Ongoing 2000 Andreas Hauskrecht, [email protected]

Training IAS GTZ Ongoing 2003 Andreas [email protected]

Transition of VAS to IAS for banks and improving financial reporting

World Bank / European Union

ASEM Trust FundApproved 2003 James Seward, World Bank

[email protected]

Training on U.S. financial system and money laundering regulations

Private Sector/US Government Completed Feb. 2003

Jennifer L. Bachus, US Embassy

[email protected] laundering- assessment and assistance for drafting decree, action plan for FIU establishment

ADB Approved Sept. 2003 Shigeko Hattori, [email protected]

Full Basel Core Principle Assessment of the SBV

World Bank / European Union

ASEM Trust Fund

Approved 2003 James Seward, World [email protected]

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REFORM AREA TASK DONOR / PROVIDER STATUS START DATE CONTACT

Assessment of the implementation of a CAMELS-based ratings system for the supervision of banks

World Bank / Irish CTF Completed 2003 James Seward, World Bank

[email protected]

Assessment of the bank reporting system. World Bank / New Zealand CTF Completed 2003 James Seward, World Bank

[email protected] self-assessment of the Basel Core Principles

World Bank/ASEM Trust Fund Approved 2004 James Seward, World Bank

[email protected] services for strengthening banking regulation and supervision IMF/MFD Ongoing 2004 Susan Adams, IMF

[email protected]

Legal Framework for Banking

Review of State Bank and Credit Institutions Laws GTZ Ongoing 2003 Andreas Hauskrecht, GTZ

[email protected]

Technical advice on the State Bank and Credit Institutions Laws CIDA Ongoing June 2003

Dean Frank, CIDADean.frank@dfait-

maeci.gc.caClaude Goulet, CIDAClaude.goulet@dfait-

maeci.gc.ca

Review of the Banking Sector Legal and Regulatory Framework

World Bank / European Union

ASEM Trust FundCompleted May 2000

Miguel Navarro-Martin, World Bank

[email protected]

Introduction of international standards (Basel Principles) GTZ Ongoing Andreas Hauskrecht, GTZ

[email protected]

Credit Information

Review and development of key functions of the Credit Information Center (CIC)

World Bank / European Union

ASEM Trust FundCompleted Dec. 2001

Miguel Navarro-Martin, World Bank

[email protected]

Workshop on CICWorld Bank /

European Union ASEM Trust Fund

Completed Dec. 2001

Miguel Navarro-Martin, World Bank

[email protected]

Assessment of the CIC World Bank / Spanish CTF Ongoing Nov. 2003 James Seward, World Bank

[email protected]

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REFORM AREA TASK DONOR / PROVIDER STATUS START DATE CONTACT

International Agreements

Supporting the SSC to develop a (transitional) decree on unlisted shares and the (planned) law on securities in support of the US-Vietnam BTA and WTO accession.

USAID-STAR Project Ongoing Nov. 2003

Dennis Zvinakis, [email protected] Steve Parker, STAR

[email protected]

Assessment of and technical workshops on the financial sector implications of the US-Vietnam Bilateral Trade Agreement

USAID-STAR Project Ongoing Nov. 2002

Dennis Zvinakis, [email protected] Steve Parker, STAR

[email protected] the amendment of the Law on Credit Institutions, and other SBV-related legal instruments in support of the US-Vietnam BTA and WTO accession

USAID-STAR Project Complete Nov. 2002

Dennis Zvinakis, [email protected] Steve Parker, STAR

[email protected]

Reserves Management

Training in Reserves Investment Private Sector/US Government Completed Jan. 2003

Jennifer L. Bachus, US Embassy

[email protected]

Reserves Management Capacity Building SIDA/Swedish Central Bank Proposed May 2003

Karl-Anders Larsson, SIDA

[email protected]

Safeguards Assessment IMF/Treasurer’s Department Ongoing 2001 Susan Adams, IMF

[email protected]

Assistance in auditing the SBV IMF/MFD Proposed 2004 Susan Adams, [email protected]

Monetary Policy Introduction of new monetary policy instruments GTZ Ongoing Thru 2003 Andreas Hauskrecht, GTZ

[email protected]

Financial market/policies Train the trainer, HR management/appraisal, empirical research skills

Seco (Switzerland) / Graduate Institute for International Studies

Ongoing

Phase I: 1997-1999

Phase II: 2000-2002

Phase III: 2003-2005

Barbara Jäggin, Swiss Embassy

[email protected]

Graduate Institute of International Studies Geneva, Prof. [email protected]

Training in Macroeconomic model-building INSEE/Banque de Ongoing 2002 Alain Fontanel

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REFORM AREA TASK DONOR / PROVIDER STATUS START DATE CONTACT

and forecasting France/ ADETEF [email protected] Workshops in Macroeconomic Policy Coordination IMF Ongoing 2002 Susan Adams, IMF

[email protected]

Staff exchange Sida/Swedish Central Bank Proposed 2003

Karl-Anders Larsson, SIDA

[email protected]

Research / seminars on monetary statistics JICA Completed July 2002 Daisuke [email protected]

Guidance on monetary policy instruments and operations IMF/MFD Ongoing 2004 Susan Adams

[email protected]

Money Market Development

Training SBV and Commercial Bankers, Monetary Instruments GTZ Ongoing 2002 Andreas Hauskrecht, GTZ

[email protected] regulations on Money Market Development and Repurchase Agreements ADB Completed 2002 Alessandro A. Pio, ADB

[email protected] in development of a database for tracking money market transactions ADB Approved May 2003 Alessandro A. Pio, ADB

[email protected]

SME Credit Policies

Pilot Study on Soft Infrastructure development for better Financial Access of SME JBIC On-going /

Proposed March 2003 Takayuki Sato, [email protected]

SBV Capacity Building as Executing Agency for SME Credit Policies JBIC Ongoing Dec. 2001 Takayuki Sato, JBIC

[email protected]

SME Finance Project JBIC On-going 1999 Takayuki Sato, [email protected]

SME Credit Line (ICBV) KfW Ongoing 2001 Helmut Schoen, [email protected]

SME Revolving Fund European Union Proposed 2004Francisco Fontan, EC

[email protected]

Vietnam Competitiveness Initiative - training and technical assistance to joint stock banks (JSBs) to facilitate access to finance for SMEs

USAID On-going 2004

Dennis Zvinakis, [email protected]

Bob Webster, [email protected]

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REFORM AREA TASK DONOR / PROVIDER STATUS START DATE CONTACT

Policy Lending Institutions

Risk Management

Training and enforcement of capacities, specifically in the fields of credit policies, risk management and sectoral analysis for the Development Assistance Fund (DAF)

European Union Proposed 2004Francisco Fontan, EC

[email protected]

Operational Framework

Comprehensive TA for the reform and restructuring of the DAF

World Bank / European Union

ASEM Trust FundApproved 2003 James Seward, World Bank

[email protected]

Comprehensive TA for the reform and development of the Bank for Social Policies (VBSP)

World Bank / European Union

ASEM Trust FundApproved 2003 James Seward, World Bank

[email protected]

Microfinance Institutions (MFIs)Access to

MicrofinanceStudies, training and technical assistance to improve low-income household access to formal financial services

CIDA Completed Dec. 1997Claude Goulet, CIDAClaude.goulet@dfait-

maeci.gc.ca

Support the establishment of the People's Credit Fund network CIDA Completed 1994

Claude Goulet, CIDAClaude.goulet@dfait-

maeci.gc.ca

Modernizing a number of People's Credit Fund and improving the services of the Central People's Credit Fund

Développement internationalDesjardins

(DID)/CIDA

Approved Feb. 2004 [email protected]

Legal, regulatory and supervisory framework for MFIs ADB Ongoing Aug. 2002 Brett Coleman, ADB

[email protected] Loan and technical assistance to support rural enterprise finance through VBARD and People’s Credit Funds

ADB Ongoing Nov. 2000 Alessandro A. Pio, [email protected]

Loan to support rural enterprise finance through VBARD AFD On-going Sept. 2003 Marc Gllbert

[email protected] Study On Rural Finance JBIC On-going /

ProposedFeb. 2003 Takayuki Sato, JBIC

[email protected]

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REFORM AREA TASK DONOR / PROVIDER STATUS START DATE CONTACT

Rural Credit and Saving Program (VBARD) KfW Ongoing 2002 Helmut Schoen, [email protected]

Revolving Credit Fund for Poverty Alleviation (VBARD) KfW Ongoing 2001 Helmut Schoen, KfW

[email protected]

Rural Finance Loan - Micro-finance Loan Fund (MLF) and its implementation agencies (Micro-finance Institutions, MFIs)

World Bank Ongoing 2003

Liza Valenzuela, World Bank

[email protected]

Institutional strengthening for the Vietnam Women’s Union on providing microfinance and advice on the MFI legal framework

Embassy of Belgium Approved 2004Marcus Leroy, Embassy of

[email protected]

Non-Bank Financial Institutions (NBFIs)

Leasing

Assistance in introduction of operating leases and support for drafting regulation on reposition of leased assets

ADB Approved April 2003 Shigeko Hattori, [email protected]

Seminars/courses on financial leasing JICA Completed Jan. 2003 Oshikiri Koji, [email protected]

Market-Based Financial

Intermediation

Second Financial Sector Program Loan to support the development of alternative channels of market-based financial intermediation includinginsurance sector, leasing sector, money market and capital market, and financial market infrastructure such as secured transactions registrationand accounting association

ADB On-going Jan. 2003 Shigeko Hattori, [email protected]

Second Financial Sector Program Loan, cofinanced with ADB, to support the non banking financial sector.

AFD Approved/On-going 2003 Marc Gilbert, AFD

[email protected]

Technical Assistance for Capacity Building for Nonbank Financial Institutions and the Capital Market

ADB Ongoing 2003 Shigeko Hattori, [email protected]

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REFORM AREA TASK DONOR / PROVIDER STATUS START DATE CONTACT

Assistance to State Securities Commission in preparation of the Capital Market Roadmap ADB Completed 2003 Shigeko Hattori, ADB

[email protected]

Capital Market Development GTZ Proposed 2004/5 Andreas [email protected]

TA for the State Securities Commission (SSC) for capacity building, linking the equitization process with market development, and investor education.

World Bank / European Union

ASEM Trust FundApproved 2003 James Seward, World Bank

[email protected]

TA for the State Securities Commission (SSC) for the development of the securities market and the medium and long-term capital market

Seco (Swiss Embassy) / Private

SectorProposed 2004

Barbara Jäggin, Swiss Embassy

[email protected]

Training and advisory services and assessments to the MOF / SSC on Asian Bond Market Initiative, bond market legal framework, OTC government bond market, settlement system for the bond market, and human resource development

IIMA (Japan) Completed 2003

Junichi Mori, [email protected]

Assistance to the MOF to develop the corporate bond market NRI (Japan) Approved 2004 Kengo Mizuno, NRI

[email protected] Assistance to the MOF for external debt management issues UNDP Ongoing 2000 Trinh Tien Dung, UNDP

[email protected] Capacity building assistance to the MOF for financial policy analysis UNDP Ongoing 2003 Trinh Tien Dung, UNDP

[email protected] Comprehensive assessment of municipal bond market issuances and development USTDA Approved 2004 Paul Marin, USTDA

[email protected]

Secured Transactions

Capacity building for the National Registration Agency of Secured Transactions ADB On-going Dec. 2002 Armes Adhikari, ADB

[email protected]

Supporting the Ministry of Justice to develop the legal framework for secured transactions.

USAID-STAR Project Ongoing 2002

Dennis Zvinakis, [email protected] Steve Parker, STAR

[email protected]

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THE SMALL AND MEDIUM ENTERPRISES PARTNERSHIP GROUPReport To The 2004 Mid Term CG Meeting

The SME Partnership Group gained new impetus at the meeting of 20 May hosted by the Embassy of Japan. On this occasion H.E. Truong Van Doan, Vice-Minister of MPI delivered an opening address underlining the crucial role played by the SME sector in Vietnam’s remarkable economic growth. Notwithstanding the continuous assistance provided by donors in terms of technical assistance, capacity building, and exposure to international best practices, the Vice-Minister pointed out that further commitment to help the Government face the SME industry’s emerging challenges was needed to achieve a better coordination and utilization of resources.

The meeting was inaugurated and co-chaired by the Agency for SME Development (ASMED), the Embassy of Japan and the United Nations Industrial Development Organization (UNIDO)1. It was attended by delegations from Canada (CIDA and Oxfam Quebec), Denmark (Danida), France (AFD), Germany (GTZ and KfW), Italy, Japan, the Netherlands (SNV), Norway, Sweden (SIDA), and the United States (USAID). Representatives from the Asian Development Bank, the European Commission, the International Labour Organization, the International Trade Centre, the World Bank Group, as well as from International Non Governmental Organisations were also in attendance.

With several projects and programmes are in hard pipeline and some already underway, the meeting stressed the need to take steps to delineate potential fruitful areas of cooperation and coordination amongst donors.

Opening remarks by the co-chairs

The Agency for SME Development, the leading MPI body in charge to plan and manage the SME-related initiatives, with a look towards the establishment of an efficient coordination mechanism among donors in the SME field, presented the four major achievements reached since last November 2003 Partnership Group Meeting: the Roadmap for SME development together with two SME support programmes (SME Human Resource Training and Export Promotion) were submitted to the Prime Minister;; the establishment of the three Technical Assistance Centres (TAC) is now in its initial phase; lastly, the National Business Information Network (NBIN) computerized business registration processes and acts as a reliable source for business information.

Currently ASMED is involved in the implementation of three cornerstone projects (ADB’s “SME Development Programme Loan”, USAID’s “Vietnam Competitiveness Initiative”, and UNIDO’s “Establishment of the National and Provincial SME Support Infrastructure”); equally, a significant number of projects are in the formulation stage with several donors (Japan, EU, GTZ, Danida, UNDP, etc.).

When anticipating a drastic increase in the number of operating SMEs —from the current 130,000 to 500,000 million by 2010— ASMED called for further assistance in the expansion of the NBIN (US$ 2,5-3 million) and TAC (the first one to be operational in Hanoi), as well as in supporting human resource training and export promotion programmes.

By way of concluding remark, the ASMED proposed to form sub-groups of donors to focus on technical domains of common interest within their respective SME programmes.

“Japan-Vietnam joint initiative to improve business environment with a view to strengthen competitiveness” is the framework for the two countries’ bilateral relation: its outcome is the Action Plan for year 2004-2005 where top priority is given to the development of supporting industry in Vietnam. Based on a survey conducted by JETRO in early 2004 where the main

1 Upon instruction of MPI, Japan and the United Nations Industrial Development Organization (UNIDO) act as co-chairs of the “Partnership Group for SME Promotion and Private Sector Development” in Vietnam.

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sectoral gaps where identified, Japan’ s cooperation will be addressed at drafting appropriate policies to build the concept of supporting industries in the law system; a continuity for reforming the SOE sector as well as nurturing the private sector is required; other issues refer to human resources training both in terms of technical teams and middle management training; completing the business information system, building control mechanisms for quality of goods and mobilizing capital in order to attract foreign investment need also to be effectively addressed.

UNIDO’s intervention was two-fold: as co-chair of the Partnership Group Meeting and in line with MPI’s coordination function, UNIDO welcomed and indeed, encouraged the emergence of initiatives in smaller groups aimed at deepening technical discussions and possibly fostering concrete cooperation around well-delineated SME-related issues (such as Enterprise Law, BDS, SME policy, TBT), and offered the platform of the Partnership Group to disseminate their conclusions and voice their recommendations.

UNIDO further reported on recently approved projects directly geared to the SME sector: the project “Assistance to establish the national and provincial SME support infrastructure”, due to start in June 2004, aims at assisting the ASMED and SME Development Promotion Council at the national level together with the initiation of linkages with a network of provincial focal points (Budget: US$2.4 million contributed by Italy and Finland). In addition, UNIDO recently launched a project to facilitate market access and export capabilities by reducing technical barriers to trade through the strengthening of standards, metrology, testing, quality and conformity assessment institutional structures and national capacities (Budget: US$2 million funded by Norway and Switzerland. Counterpart: STAMEQ, MOST)

Presentation of donors programmes

In their remarks, the ADB affirmed the importance of the partnership group as a platform where donors are to go beyond the mere scope of exchange of information (the web-site of ASMED represents a virtual gateway to his extent), to focus on what to be done, and work at technical level on areas in which analytical inputs are needed: to this end, joint appraisal missions, with Government participation, are positive measures to strengthen the policy debate.

By its SDPL, the ADB is currently finalizing a US$65 million credit line to the SME sector (together with Germany’s KfW and France’s AFD) with special reference to the development of the policy framework regarding SME development (estimated starting date: end 2004). Another initiative is the joint ADB-DFID programme “Making Markets Work Better for the Poor”.

Danida’s Business Sector Programme Support (BSPS) is a five-year programme (endowed with a budget of US$ 30 million — estimated starting date: end 2004) that targets SMEs with a sectoral focus in 4 selected provinces; a transparent regulatory and legal framework, an improved labour market, better access to markets and the creation of an SME Competitiveness Fund, improvement in commercial dispute resolution and research in business climate/private sector development are the programme’s overall priorities. Since intervening both at policy and technical level is necessary for improving donor’s coordination, the proposal of launching working-groups was seen as a good step in that direction.

The German Development Cooperation (GTZ, KfW) provided an overview of the “Enabling Environment for Competitiveness of SMEs”: the programme, due to start by in the last quarter of 2004, will support the sector in terms of SME policy, local economic development, value chain development and advanced technical services (the BDS legal framework study has been finalized). As far as the coordination issue is concerned, the idea of technical sub-groups was welcome with the following remarks: putting more focus on results (for instance with the joint preparation of outputs) and thus on effective cooperation/harmonization, was seen a necessary step for linking the different contributions.

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The “Vietnam Competitiveness Initiative—VNCI” is a USAID-sponsored project that carries on work of VNCI pilot project, and consists of the following components: a policy environment component which will focus on microeconomic and regulatory reform, investment policy, competition policy and advocacy (a Provincial Competitiveness Index will be designed to provide a benchmark for monitoring provincial performance and hopefully instil a healthy competition between them); an SME capacity building component which will pursue the work with pilot clusters identified in the previous phase as well as new clusters (ICT, fruit, artisan craft for the previous, and tourism, home accessories, banking/financial services for the latter); and an access to finance component to increase the lending by Joint Stock Banks (JSBs) to SMEs through delivering training and implementing a cluster approach.

The EC portfolio consists of two projects targeting the development of the private sector: the Private Sector Support Programme —PSSP (€9 million), to be initiated at the end of 2004, focuses on two specific objectives: creating an enabling business environment in nine provinces (Hanoi, Danang and Can Tho will be the three pilot provinces, whereas the future assistance to the remaining six provinces will depend on the expected results achieved in the former) and the creation of new enterprises through the establishment of two incubators in Hanoi (food processing and packaging) and in Ho Chi Minh City (information technology).

The three-year project “Trade Promotion and SPS development-phase II” (co-financed by Swiss and Sweden for a budget of US$2.3 million), is part of the Mekong Trade Promotion initiative in Vietnam, Laos and Cambodia and targets both the institutional and the enterprise level (mostly, but not exclusively, SMEs). It consists of four components: competition enhancement; export promotion network; human resource development; and trade information. Approval of the project by the Vietnamese Government was obtained in May 2004; operations to start in June.

Sida has been actively supporting the SME sector through ILO’s “Start and Improve Your Business” (SIYB) programme which aims at stimulating small-scale entrepreneurship development in Vietnam. The project has now been transferred to the Vietnam Chamber of Commerce and Industry (VCCI). The proposal of setting-up a sub-group on micro and small enterprises and another looking into regional activities was put forward; Sida also pointed out that the actual legal framework provides a definition of SMEs that does not include the micro and household sector.

Finally, MPDF informed the Partnership that it is working on a gap analysis in donors’ support to the SME sector: final results of such work will be disseminated at the next Partnership Meeting.

Conclusions

The question of following a bottom-up approach with respect to reporting the progress of the SME Partnership Group to the Consultative Group Meeting was raised; at the same time, the SME Partnership Group initiative must be seen as a dynamic, flexible platform where donors can interact constructively, rather than a rigid structure of formal gatherings geared essentially to sharing information; spontaneous initiatives in relation to the creation of sub-groups (the SNV’s initiative provides an example in the BDS area), are invited to use the SME Partnership as a vehicle to convey their views to the Government, to other donors and to the Consultative Group.

As an action-oriented measure to gauge the effectiveness of the Partnership, it was suggested to establish five sub-groups where a limited number of actively-engaged donors could realize cooperation opportunities (the tentative membership given here is purely indicative, and will ultimately reflect the specific interests and availability of donor agencies):

Enterprise Law: World Bank, UNDP, GTZ, etc BDS: SNV, ILO, GTZ, MPDF, VNCI, ITC etc Policy: ADB, Japan, VNCI, GTZ, UNIDO, etc TBT: GTZ, Danida, EC, AFD, UNIDO, etc Local government and decentralized activities: EC, GTZ, Danida, etc

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These sub-groups are expected to report on their activities at the next meeting of the SME Partnership, in November 2004.

The website of the Agency for SME Development (www.business.gov.vn) will host a comprehensive database where the flow of SME- related information generated by the Partnership will be posted.It was finally recommended that the SME Partnership continue meeting twice a year, while the technical sub-groups will presumably need to meet more frequently.

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Annex: SME Partnership meeting, 20 May 2004List of participants

No. Name Title OrganizationDonors

1 Mr. Alwyn Chilver Sustainable Livelihoods Adviser DFID2 Mr. Pietro Sequi Director, Development Cooperation Italy3 Mr. Ragna Fidjestl Second Secretary Royal Norwegian Embassy4 Mr. Claude Goulet First Secretary (Development) Canadian Embassy5 Mr. Karl-Anders Larsson Counsellor Economist Embassy of Sweden (SIDA)6 Ms. Le Thi Ngoc Lien National Programme Officer Embassy of Sweden (SIDA)7 Mr. James Donovan Economist SIDA Stockholm8 Mr. John Strafford Economic Growth Consultant USAID Vietnam9 Mr. Philippe Scholtes Representative UNIDO

10 Mr. Paolo Casilli Programme Officer UNIDO11 Mr. Nobuya Haraguchi Programme Officer UNIDO12 Ms. Nguyen Thi Thu Hang Programme Officer European Union13 Mr. Jens Dyring Christensen Chief Technical Adviser ILO14 Ms. Corinna Kuesel SME Promotion and PSD GTZ15 Mr. Marc Gilbert Deputy Director France AFD16 Mr. Gilles E. Boutin Development & Management Advisor Oxfam Quebec17 Ms. Nguyen Thien Huong Business Development analyst MPDF18 Ms. Vu Thi Quynh Anh Senior Programme Officer Netherlands 19 Mr. Robert Webster Project Director VNCI20 Mr. David Ray Deputy Project Director VNCI21 Mr. Doan Tien Giang Regional Coordinator VNCI22 Mr. Thomas Bo Pedersen Counsellor Commercial Royal Danish Embassy 23 Ms. Pham Lien Anh Senior Programme Officer Royal Danish Embassy24 Mr. Alain Chevalier Senior Trade Promotion Advisor Mekong Trade Promotion25 Mr. Nathaniel H. Dickerson Chief Representative Think DKG26 Mr. Alessandro Pio Principal Programs Officer ADB27 Mr. Le Cong Viet Economist ADB28 Ms. Duong Hong Loan Senior Program Manager AUSAID29 Mr. Watanabe Sadanori Senior Advisor JICA30 Mr. Makoto Uchida Representative JBIC31 Ms. Nguyen Thi Thu Huong Economic Coordinator JBIC32 Mr. Yasukata Fukahori First Secretary Embassy of Japan

Vietnamese organizations 33 Mr. Truong Van Doan Vice Minister MPI34 Mr. Nguyen Ngoc Phuc Director General SMEs Development Agency35 Mr. Do Van Hai Deputy Director General SMEs Development Agency36 Mr. Nguyen Chi Dung Deputy Director General SMEs Development Agency37 Mr. Nguyen Le Trung Deputy Director General SMEs Development Agency38 Mr. To Dinh Thai Director, Inter’ Coop. Div. SMEs Development Agency39 Mr. Le Quang Manh Officer SMEs Development Agency40 Mr. Nguyen Hoa Cuong Officer SMEs Development Agency41 Ms. Bui Thu Thuy Officer SMEs Development Agency42 Mr. Luong Van Khoi Officer SMEs Development Agency43 Ms. Nguyen Thi Lan Officer SMEs Development Agency44 Mr. Do Doan Tuan Officer SMEs Development Agency45 Mr. Pham Thai Son Officer SMEs Development Agency46 Mr. Le Van Khuong Officer SMEs Development Agency47 Mr. Bui Anh Tuan Officer SMEs Development Agency

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THE FOREST SECTOR SUPPORT PROGRAM & PARTNERSHIP

IN FIRST SIX MONTHS 2004

2004 is the 3rd year of implementation of the Forest Sector Support Program (FSSP) and the FSSP CO. This report briefly focuses on the activities of the FSSP during the first 6 months of 2004, achievements, activities to be done in the coming six months and criteria for success.

1. Major activities over the last 6 months

1.1 Establishment of the Trust Fund for ForestsTo transform the idea of establishment of a Trust Fund for Forests (TFF) into the reality, which was discussed by the PSC in its conference on 26 June 2003 and reviewed at its conference 11 December 2003, the FSSP CO has organised many meetings with interested donors and related national agencies. To date, after more than one year, with the support of the Vietnamese agencies and the effective assistance of the international donors, i.e., the Netherlands, Switzerland, Finland, Germany, Sweden, and the European Union, the Proposal for TFF and the Memorandum of Understanding have been finalized, waiting for the approval of Vietnam’s Government Office and the final signing between MARD and the initial donors.

A meeting was held on 17 December 2003 to present the Proposal to the Government’s agencies (Government Office, MPI, MOFI, Ministry of Foreign Affairs, etc.) to receive their final comments. Relevant donors organized a meeting on 6 April 2004 for the final consensus on the creation of TFF. The MOU and proposal was finalized after comments from donors, and submitted to FSSP CO. The Vietnamese translation was sent by MARD to relevant ministries for comments and then submitted to GOV for approval.

The launch of TFF marks a new milestone for the development of the FSSP, and an important step towards a full Sector-Wide Approach (SWAp).

1.2 Law on Forest Protection and Development

A meeting was held on 8 April 2004, between His Excellency Mr. Le Huy Ngo, Minister of MARD, and representatives of FSSP international partners, who were interested to support Vietnam to revise the Law on Forest Protection and Development. Minister Ngo expressed MARD’s appreciation of the willingness of international partners to support Vietnam to develop the drafted law. He listed some key areas of support that MARD would like to have from the international side. The international representatives confirmed their willingness to provide support.

Following the 8 April meeting, a follow-up meeting was held in the CO office on 28 April amongst international donors and MARD’s law editorial board. Five international partners, including Sweden, the World Bank, the Netherlands, IUCN and REFAS, are willing to support Vietnam side to complete the draft law and develop implementing decrees. The detailed action plan, however, is to be developed with clear participation of international and national partners. An internal meeting between two of these five donors and the editorial board representative was also held on 28 May to discuss in detail the proposal for support drafted by the editorial board. MARD has approved a workshop with international partners for 23 June on the revised law draft.

Thus, it has been agreed among key FSSP partners that coordinating international support for revision of the law and preparation of the implementing decrees will be added to the FSSP 2004 Work Plan as one of main activities for 2004. The preparation of the new law and decrees needs to be closely linked with the preparation of a new forest sector strategy.

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1.3 Establishment of the Strategic Planning and Monitoring Working Group (SPM WG)

The December 2003 Partnership Steering Committee meeting endorsed the proposal to establish an inter-ministerial Working Group (WG) to coordinate and guide activities in strategic planning and monitoring for the forest sector. Based upon decisions by MARD leadership, this working group was established to coordinate and guide four key activities to be undertaken in 2004: (1) preparing a new national forest development strategy, to cover the period until 2020; (2) undertaking a study of the implementation of the Five Million Hectare Reforestation Program, through Decision 661, and then preparing a proposal to revise Decision 661; (3) preparing FSSP action plans for the nine result areas for 2004-2005 and (4) designing and piloting forest Monitoring and Information Systems (FOMIS).

The international partners of FSSP and other stakeholders will be involved in these activities in terms of participation in key workshops, consultations, and review of draft documents. The FSSP Coordination Office is serving as a secretariat to the WG, and providing support to the WG and its smaller teams.

Since its establishment, the working group has conducted several activities. The WG conducted its initial meeting on 10 February 2004. The initial meeting was to discuss the purpose and aims of the Working Group, its mandates and responsibilities, organization of the technical officers into three teams, and a general work plan.

The working group emphasized on the importance of preparing a new national forest development strategy and a proposal for revision of 661 by the end of 2004, in order to get government adoption by mid-2005.

The launch of the Strategic Planning and Monitoring Working Group (SPM WG) is a significant step in mobilizing and coordinating national efforts in major issues of forestry.

1.4 National Forest Strategy (2005-2020)

Concerning preparation of a new National Forest Strategy (2005-2020), with careful preparation of the CO and other colleagues during April, an important inter-ministerial workshop was held on 5-7 May 2004 in Ha Long City, to discuss specific approaches and methodology for preparing a new forest strategy. Participants included officers from line ministries and government bodies, strategy development experts and some stakeholder representatives. The workshop results were a consensus on priorities, an outline of the new strategy and an initial action plan for the strategy working group and consultant team was generated. A follow-up meeting was held on 17 May with the strategy working team, to discuss team TOR, revise the outline and action plan. These documents are needed to get MARD leadership endorsement before the strategy preparation team can move ahead with the strategy work.

1.5 Study of the 661 Programme

The TOR have been revised for the technical team responsible for MARD’s study of the 661 programme. The 1st technical team meeting was held on 20 May to discuss the TOR and action plan for work, and the 2nd meeting was held on 27 May to further discuss the TOR and budget. A third meeting is planned for 10 June. The team is getting ready to undertake proposed field work, but first the budget and funding sources need to be agreed. REFAS has agreed to provide partial support for an international consultant to work with the team.

1.6 FSSP Action PlanningConcerning preparation of the FSSP Action Plan 2004-2005, the consultants, Mr. Jens Rydder and Mr. Doan Diem, have already contacted a range of stakeholders during the last few weeks. The consultants completed the final report in early June 2004, for presentation and approval at the June 2004 Partnership Steering Committee meeting. It can serve as an input into the strategic planning process.

1.7 Forest Monitoring and Information Systems (FOMIS) design

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For the design of sectoral monitoring and information systems, work is already underway, with a team of consultants hired by the FSSP CO in late November 2003 and the FSSP CO’s international advisor, Dr. Paula J. Williams. The FOMIS working group has been established, its technical team on monitoring and information issues began working with the consultants. A series of meetings was conducted during the last 6 months, to develop basic elements for the preliminary design of the systems.

The monitoring and information technical team held three meetings on 31 March and 8 April. A third meeting also was held 7 June with the monitoring team to review this report, and demonstrate the prototype. Then, on 14 June, a broader stakeholder workshop will be held to review the initial design.

A computer server has been installed in MARD, A9, Room 405, to host the FOMIS system, as well as the new FSSP website, and to connect easily with the MARD intranet.

1.8 Other Information Systems and Communications

Information on the existing FSSP Website is being updated on a regular basis. The proposal to establish a new FSSP website was approved by MARD leaders. The aim is to improve information flow, and provide a host for the electronic reference library being designed with support from Helvetas. The new website will also be used to host the new sectoral monitoring system and Forest Sector Manual. The new website construction will be contracted to an independent IT company, tentatively to start in early June.

With support from Helvetas, the FSSP electronic “Reference Library” database has been finalized. It currently consists of approximately 7900 references in the reference library database. It is essentially a master database, combining the databases of documents held in the libraries of 6 FSSP partners. This Reference Library can be expanded, to include more documents from other FSSP partners, as well as to update the existing collections. The database software will be installed on the FSSP computer server. Relevant CO staff members will be trained in how to use it and to update the information. The FSSP CO is now in the process of organizing its own library and preparing an electronic library catalogue (database), so that it can be integrated into the FSSP&P Reference Library.

With the active and efficient financial and technical support from REFAS project, the partnership newsletters are released quarterly and distributed widely in printed form, CD-ROM and emails. FSSP Newsletter No. 4, 5 and 6 were finalized, printed and circulated to stakeholders.

1.9 Development of Forest Sector Manual (FSM)

The development of the FSM is a huge and complex work. So far, with the active and efficient support of REFAS (GTZ) financially and technically, 11 out of 38 chapters have been completed in both Vietnamese and English languages. A full-day workshop on Forest Sector Manual was organized by the CO and REFAS on 28 April 2004 in Hanoi. The workshop focused on introduction of first eleven chapters of FSM prepared in 2003-04, and collecting feedback from stakeholders on these chapters to finalize them. The next ten chapters’ topics were also introduced for stakeholders’ comments and suggestions. During May 2004, several contracts were signed between the CO and REFAS with various consultant teams for compiling next chapters. Once the existing chapters have been revised, they will be uploaded to the new FSSP website.

1.10 The Harmonisation of Implementation Frameworks (HIF) exercise

In August 2003 the HIF exercise was resumed. The HIF working group includes a counterpart team composed of experts from departments in MARD, MPI, MOFI, and a consultant team. It has come up with a number of proposed principles for harmonisation of implementation frameworks of forestry projects.

In accordance with the proposed principles, 4 elements are identified for harmonising. The HIF Phase II Action Plan has been approved by TEC. The working group has been working on its report outline and beginning to draft their report. Activities are being done according to the HIF work plan. Piloting

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has been postponed, however, due to the lack of financing and the desire to link the piloting with other ongoing activities. The deadline for the HIF final report is September 2004.

1.11 Provincial Reference Group

The Provincial Reference Group (PRG), started operations in July 2003. The 8 members of the PRG represent 7 of Vietnam’s agro– ecological zones (Northern Mountainous Area, Red River Delta, Northern Central, Central Coastal, Central Highlands, East Southern and the Mekong River Delta). Following the Terms of Reference (TOR) approved by the Technical Executive Committee (TEC), and with support from the FSSP CO and SNV, the PRG successfully completed its planned activities for 2003.

The FSSP CO has supported the PRG group to develop their work plan and budget for 2004 for approval by the TEC. The FSSP CO also collated the reports of the Group to submit to the TEC. Feedbacks about provincial forestry activities are very helpful for the CO to coordinate its decentralization activities.

The PRG has been circulating concepts, principles, and framework of the FSSP to provinces, through various information channels such as document dissemination, workshops and dissemination of forestry related departments in provinces. Some provinces have started to refer the FSSP principles in planning, and preparing their provincial visions and strategies. REFAS has assisted Thanh Hoa and Dac Lac to prepare Provincial Forestry Strategies. More provinces will be preparing provincial forest strategies this year.

1.12 FSSP Collaboration with Government FSSP Partners

During the last 6 months, the activities under FSSP and Partnership have been attracting more attention and support from Government’s agencies, such as the Government Office, the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Foreign Affairs, the State Bank of Vietnam, etc. These agencies have now started to refer to the FSSP Framework when considering prioritised ODA projects in the forestry sector. The link with and the support to the 5MHRP is considered by the Ministry of Planning and Investment as an important factor to adjust and successfully implement this 5MHRP. The participation of government institutions, such as MPI, MOFI, and MET, in meetings of the TEC, PSC and other workshops and consultations assists the CO with its operations, such as forest strategy development.

During the implementation of the FSSP, the CO has a close collaboration with related departments in the Ministry of Agriculture and Rural Development, particularly the 5MHRP Office, the International Support Group (ISG), the Forestry Department, the Forest Protection Department. The CO is becoming a true focal point between these agencies when donors identify investments in forestry in general, and in the 5MHRP in particular.

1.13 Collaboration/exchange of information with international partners

The FSSP has become the information focal point for all FSSP partners in forest sectors. In addition to signatories to the FSSP&P, the CO also collaborates and exchanges information with non-signatory organisations to obtain their support for development of the sector, such as JICA (Japan), and the U.K. Department for International Development (DFID). Many projects have referred the FSSP during their project design and implementation. For example, the FSSP CO staff met with JICA’s feasibility study team, preparing a new capacity-strengthening project. JICA has requested the FSSP to provide some HIF result as input for JICA’s project.

In terms of exchange of information with international partners, the Director and Deputy Director of the FSSP CO, as well as other key MARD staff, have participated in some important regional and international conferences, where they have shared information on Vietnam’s 5MHRP, FSSP, and other sectoral activities. These meetings included the Asia-Pacific Forestry Commission meeting held in Fiji in April 2004, and the United Nations Forum on Forests–4, held in Geneva in May 2004.

1.14 Extending the FSSP Partnership

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The Australian Foundation for People in Asia and Pacific (APAF) has submitted a Letter of Interest regarding joining the FSSP to the two co-chairmen of FSSP. If approved, APAF will become the 23rd member of the FSSP&P. The Australian Center of International Agriculture Research is also discussing with the CO its interest to join the FSSP. The FSSP will continue to invite potential new members to its PSC meetings, so they can learn more about FSSP activities.

2. Major activities over the next 6 months

Continue major activities as mentioned above;Training and capacity strengthening for MARD and other key stakeholders;Study on “Forestry, Poverty Reduction and Rural Livelihoods” ;Implementation of Gender Study;Strengthening the capacity for the Technical Executive Committee ;Strengthening the capacity for the FSSP CO;Strengthening PRG capacity;Mobilizing additional Support from donors;Enhancing consultations with partners in overall activities; andImplement further Sector-Wide Approach.

3. Success criteria by December 2004

The results of the 2004 Annual Review will provide guidelines for improvement of FSSP&P and the CO activities;

TFF is established, with funding granted for initial FSSP&P priorities; Four key activities: (1) a new forest development strategy; (2) Law on Forest Protection and

Development; (3) Study of the 661 Programme, and (4) Gender study are implemented as their workplans;

FSSP implementation process is widely understood by provinces and the FSSP framework is initially applied at the provincial level;

Final reports of the HIF is available and Study on Forestry, poverty alleviation and rural livelihood is initiated;

FSSP’s FOMIS system is in place and functions well; Drafts of additional several chapters of the FSM are available and published on the FSSP’s

website; A new Website for FSSP&P is in place and will be the host for FOMIS system.

INTERNATIONAL SUPPORT GROUP (ISG-MARD)A Semi-annual Report to CG Meeting

Progress of ISG MARD and its three Thematic Ad-hoc Groups (TAGs)in the first sixth months of 2004 and planned activities in the second half of 2004

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I. ACTIVITIES DONE IN THE FIRST SIX MONTHS OF 2004

ISG Steering Board MeetingThe eight meeting of ISG Steering Board was held 30th March 2004:

The Framework Arrangement was signed between ISG Core Donors Group, consisting of AusAID (Australia), Danida (Denmark), the Royal Netherlands Embassy, and SIDA (Sweden) and MARD to fund ISG Trust Fund for implementation of ISG Work Plan 2004-2006.

The ISG Work Plan 2004-2006 was approved by the Board. The work plan included several tools for improvement of coordination and policy dialogue: provincial dialogue platforms, advisory briefings (see Appendix 1: ISG work plan 2004 for further details).

The Swiss Agency for Development Cooperation (SDC) has become the official member of the ISG Steering Board since 30 March 2004.

ISG SB members were requested to send their comments on the format of the Advisory Briefing and Questionnaire, as well as propose policy themes for this round of policy discussion.

ISG Plenary Meeting 2004

The preparation for the Annual ISG Plenary Meeting 2004, the biggest forum for Government-donor policy dialogue in the agriculture and rural development sector, has been undergoing. There will be some hundred participants as representatives from international donors, NGOs, national relevant agencies, non-state organizations, and news agencies to join the forum. Comments/suggestions/proposals for the meeting topics are being collected from donors and GoV relevant agencies.

The meeting minutes of previous meetings were already sent to all the ISG stakeholders for reference and actions, and are now available in English and Vietnamese on the ISG website at http://www.isgmard.org.vn. All the meeting documents in both languages are also available on the site.

Activities of the Thematic Ad-hoc Groups (TAGs)

Within the frame work of the ISG process, there are three Thematic Ad-hoc Groups established and working in parallel, including the TAG1 on Support International agro-economic integration and policy, TAG2 on Support to hydraulic works development, disaster control and rural water supply, and

TAG3 on Support to the implementation of CPRGS in agriculture and rural areas.

In the first six months of 2004, to support MARD and donor community in their activities, especially the ones relating CPRGS implementation in the agriculture and rural development sector, the three TAGs already carried out some activities in the mandate of each TAGs. The work plans of each TAG as described in the attached Appendices 2,3 and 4 present what the TAGs have done and their plans until the end of 2004.

Activities of the Management Information System (MIS) in service of policy dialogue, exchange and sharing of information and lessons learnt

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This type of activity is carried out regularly in the year by ISG Secretariat in order to ensure the smooth flow of in-and-out information to serve the exchange and sharing of information and lessons learnt among the stakeholders involved in the ISG process. The activities include:

Keep regular contacts with donors in order to collect news, synthesis reports and study reports on different issues/areas, ongoing and/or pipelined, for sharing and exchange of information among ISG stakeholders via ISG News Letters, Monthly Briefings and website.

Maintain regular contacts with partnerships such as NDM-P, FSSP in sharing and provision of information relating to the sector.

Consultations by ISG Secretariat have been made to donors interested in the ISG activities, and with the donors who wish to establish long-tem relation with the ISG process.

Provide reports of all kinds at request of related national and international stakeholders, particularly the ones relating to activities of the sector and legal documents of MARD and the Government.

ISG Newsletters: quarterly issued in Vietnamese and English, and sent to Vietnamese relevant agencies, donors, and projects/programmes. The first volume of 2004 has been issued timely.

ISG Monthly Briefings: monthly issued in Vietnamese and English, providing information relating to international cooperation activities in the sector within the month. Sent to a larger number of donors’ organizations and GoV agencies through email system.

ISG Website: is an effective tool for information sharing and dissemination and is a forum for exchange of experience among stakeholders, and to some extent, can be used as a web-based library with necessary documents. The ISG web-based Development Forum has been activated on the ISG website, serving daily discussions on the issues and themes that stakeholders are interested in. ISG Secretariat has provided accounts for all ISG members to join the forum.

MARD ODA database: has been upgraded and updated with information collected from MARD relevant agencies and donors. The database has been upgraded by using the MS Visual Basic for programming and Crystal Reports for designing reports, and has been uploaded online for stakeholders’ convenient access.

A consulting services database: Preparation for the establishment of the database is progressing.

Other activities

Provincial dialogue platformsIn preparation for establishment of dialogue platforms in several piloted provinces, working visits by ISG Secretariat have been paid to the provinces of An Giang, Tra Vinh, Vinh Long, Thanh Hoa and Thai Nguyen. Consultations have also been made to relevant donors about the possibility of using existing donor-funded projects to support the operation of the dialogue platforms. The platforms, once established, will:

Facilitate the policy dialogues that ensure short, medium and long term plans and priorities at central and local levels are known to the donors and for donors to identify areas of support at a very early stage.

Benefit interested provinces if they can exploit the chance to communicate with the Government and donors regarding priorities in their development strategies and plans for seeking external support.

Encompass sharing of relevant information and forecasts of local, national and international market tendencies for agro-forestry and salt products; progress of poverty reduction programmes/projects at local levels.

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Support strengthening relations between State managers, scientists, entrepreneurs, and farmers to ensure interactions among them.

ISG is now facilitating development of several fora, providing a mechanism to support coordination and dialogues between MARD, other Ministries, and provinces. Several dialogue platforms are being established in some provinces, with support from donor community through ISG process, donor funded projects/programmes located in provinces and ongoing partnerships. 20 DARDs who have been provided with IT assistance from PAR Project in MARD will get involved in this process.

Preparation of Advisory BriefingsISG is supporting MARD in preparing advisory briefings with consultations made to relevant MARD Departments and donors’ organizations. The first Advisory Briefing entitled “Streamlining CPRGS into MARD rural development strategy” is under preparation with several comments from interested donors. On 17 May 2004, a request and questionnaire (which will serve as inputs for the Advisory Briefings) were sent to MARD departments.

Supporting MARD in revising Decision No. 132Given the recent restructure of MARD organization and newly issued legal documents by the Government and MARD, and in an effort to support MARD to effectively and efficiently manage and use the external sources of funds for the sector, ISG has been supporting MARD in the revision of the Decision No. 132 /1999/QD-BNN-HTQT (dated 22 September 1999 by the MARD Minister on Promulgation of the regulation on management of programs and projects using external fund sources under responsibility of MARD). The revising team which consists of relevant Departments of MARD have already completed final draft and is now processing submission to MARD leader for approval.

Experience sharingExperience and lessons learnt by ISG process of MARD have been shared to other MARD’s Partnerships (FSSP and NDM partnerships), provinces, donors, NGOs, and projects/programmes under the management of other ministries, including MPI, MONRE, MOH and MOLISA, through their consultations made to ISG Secretariat and the ISG Information System.

II. MAIN ACTIONS TO BE TAKEN IN THE LAST SIX MONTHS OF 2004

In the year 2004 (see ISG Work Plan 2004 in the Appendix 1) as well as in the whole period 2004-2006, ISG process will focus its recourses to the activities within the seven key areas, including (i) Facilitation of policy dialogue, (ii) Donor funding coordination, (iii) Development and Coordination of Thematic Studies, (iv) Support to ICD, (v) Information gathering and dissemination, (vi) Capacity building and management processes, and (vii) Monitoring and evaluation. In that sense, the following products should be produced:

Roadmap

Six-monthly advisory briefings

Meetings and other interaction opportunities

Provincial “dialogue platforms”

Database and information services

Expert network

Analysis and surveys

Training programs.

ISG meeting schedule has also been prepared (see Appendix 5). Particularly, ad-hoc meetings or special meetings will be called for more often on the basis of ISG stakeholders’ requests. Several special meetings were planned for 2004: River Basin Organizations, Action Plan for Avian Flu control,

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etc. Development of an integrated database including data/information on ODA, FDI, consultancy services, policy documents, etc.

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APPENDIX 1

ISG WORK PLAN 2004No.

Activity Resp. Q1 Q2 Q3 Q4 Expected outputs by the end of 2004

1 2 3 4 5 6 7 8 9 10 11 12KEY AREA 1- Facilitation of policy dialogue

1. Review roadmaps prepared by donors (water sector), FSSP (forestry sector) and others

ISG Sec - An updated roadmap of sub-sectors (simple format with a list of reference).IT; PAR; Gender; AST; Water; FSSP; Intl Integ

2. Agree on what additional sectors need to be covered (At first Steering Board Meeting-SBM 04)

Steering Board (SB)

3. Prepare initial draft of new roadmap. Donor advisors;ISG Sec

4. Review draft roadmap and recommend changes.

SB (out of session)

5. Finalize draft according to comments received and submit to Steering Board for approval.

ISG Sec

6. Submit approved roadmap to Minister of MARD(After second SBM 04)

Chairman of SB

7. Prepare template for advisory briefings. ISG Sec - First Advisory Briefing approved by ISG Steering Board and submitted to Minister of MARD then included in the sector’s report to CG Meeting for information sharing.

8. Agree on topic(s) for first advisory briefing.(At first SBM 04)

SB

9. Circulate template and instructions to relevant department heads within MARD.(After first SBM 04)

ISG Sec

10. Prepare draft advisory briefing and return to ISG Secretariat.

Relevant MARD department heads

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11. Review and revise, as necessary, draft advisory briefing and submit to Steering Board.(Before second SBM 04)

ISG Sec

12. Discuss, amend (if necessary) and approve advisory briefing. (At second SBM 04)

SB

13. Submit advisory briefing to Minister. Chairman of SB

14. Continue six-monthly cycle of advisory briefing preparation.

SB, relevant MARD department heads

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15. Prepare and conduct meetings as per Meeting Schedule.

ISG Sec, participants in ISG process

On-going - 25 meetings conducted

16. Create an inventory of existing provincial groups (networks) set up under donor funded projects, and/or through DARD activities. Identify a key person as the primary contact point.

ISG Sec - A list of primary contacts is set and regularly updated- Summary of provincial issues and responses- At least seven provinces responded as ISG dialogue platforms

17. Ensure that each province contact person receives ISG newsletters and other relevant information.

ISG Sec

18. Invite the provincial contact persons to prepare a list of key issues for the province in the agricultural and rural development areas, and consolidate the responses as a reference list for future use. Update annually.

ISG Sec

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19. Through the contact persons invite provincial representatives to attend relevant (based on the reference list) thematic meetings and workshops and give presentations on provincial issues and initiatives.

ISG Sec

20. Prepare and conduct a provincial forum annually as per the Meeting Schedule with focused and appropriate themes.

(see under Objective 6.5)

21. Invite relevant departments in MARD to nominate experts from their department to participate in the expert network.

ISG SecTechnical Coordinators (TCs)

- A group of experts working in the sector is established.- A number of Meetings conducted to provide technical inputs for ISG process22. Invite expert network members to assist in

ISG related activities that require technical inputs.

ISG SecTCs

23. Hold expert network meetings as per the Meeting Schedule.

ISG Sec(see under Objective 6.5)

24. Hold occasional lunch time meetings with international advisors working in MARD to discuss issues and possibilities for collaboration in an informal manner.

ISG SecTCs

25. Work with representatives of TAG3 and the TAG Technical Coordinators to elaborate on the proposal to establish a TWG, and submit to the Steering Board for discussion and recommendation

ISG SecTCs

- A TWG is proposed to SB

26. Ensure that representatives from FSSP, NDMP, VPAAN, MPI, MONRE and other relevant organizations are invited to ISG meetings, that they are on the mailing list, and are aware of the website

ISG Sec - All the stakeholders are aware of ISG process products

27. Personally visit representatives of any of Manager’

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these organizations that appear not to be participating in the ISG process to better understand their needs, and to gather information about their activities.

ISG Sec

KEY AREA 2 - Donor funding coordination

28. Provide advice and other inputs to the development of an improved MARD institutional framework related to management and coordination of external resources for the sector

ISG Sec, SB, Depts,donors

- Advices and recommendation as inputs of development process of sector institutional frameworks- Regulation 132 on ODA utilization and management is revised

KEY AREA 3 - Development and Coordination of Thematic Studies

29. Develop proposals for thematic studies to improve the policy development process within MARD.

TAGsTCs

- A number of thematic studies for improvement of policy development process are conducted- The results of the thematic studies are incorporated into the ISG information system

30. Prepare a list of thematic studies proposed by the TAGs and submit to the Steering Board for prioritization and approval of highest priority studies.

ISG SecTCs

31. Facilitate the process of identifying donors that are willing to support the approved priority studies.

- ISG Sec- TCs

32. Monitor the progress on thematic studies during implementation.

- ISG Sec- TCs

33. Take steps to ensure that information generated by the thematic studies is incorporated into the ISG information system and becomes accessible to those that need it.

- ISG Sec- TCs

KEY AREA 4 - Support to ICD

34. Agree with Director of ICD on the priority of work assignments and carry out high priority assignments.

- Manager- ISG Sec

- Provided supports to high priority assignments of ICD

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35. Provide secretarial and data administration services to ICD.

- ISG Sec

KEY AREA 5 - Information gathering and dissemination

36. Identify suitable experts and invite them to be part of the network.

- ISG Sec- TCs

- An updated information system that serves the interaction of ISG stakeholders:* 4 quarterly Newsletter published* 12 Monthly Briefings sent to all the stakeholders* Accessible metadata on available policy and documents* Accessible databases* ISG on line Forum…

37. Provide opportunities for the experts to provide advice on development of the information system.(As required)

- ISG Sec

38. Develop inventories for policies, legal documents, ODA and FDI projects and consulting services.

- ISG Sec- TCs

39. Engage consultants to gather and prepare metadata on available policy and other documents relevant to ISG process.

- ISG Sec

40. Second experts from donors for short time each year to review and update their own information held in the database.

- ISG Sec

41. Maintain the Computer system so that it operates effectively

- ISG Sec

42. Continue to upgrade the design and implementation of the website, with assistance from local consultant.

- ISG Sec

43. Create opportunities to gain user feedback on the website.

- ISG Sec

44. Engage a more professional publishing company to design and publish the newsletter.

- ISG Sec

45. Send out timely reminders by email to ISG participants requesting news and information on topical issues, and particularly requesting contributions to "policy focus" issues.

- ISG Sec

46. Send out monthly reminders by email to ISG participants requesting news and information on topical issues.

- ISG Sec

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KEY AREA 6 - Capacity building and management processes

47. Prepare a brief report on training needs of ISG staff and key staff of ICD and submit to Steering Board for approval.

- ISG Sec - A training needs assessment- Training programs conducted: IT skills, project management skills…

48. Identify means of providing training to meet needs (as agreed by the Steering Board), including engagement of local and/or international consultants, training programs available in Hanoi and so on, and develop a training program, including target staff and timetable.

- ISG Sec

49. Implement the training program after approval.

- ISG Sec, key ICD Staff

According to approved training

program50. Identify appropriate localities for field visits

and study tours, and prepare a program for approval.

- ISG Sec - Visits/study tours conducted

51. Implement the field visit/study tour program after approval.

- ISG Sec, key ICD Staff

According to approved program

52. Undertake day - to - day operational functions, such as accounting, secretarial and similar tasks.

- ISG Sec - Monitoring and evaluation of ISG process in operation

53. Engage an appropriate locally-based international consultant to review present processes, recommend new processes, and carry out training of ISG staff.

- Manager- ISG Sec

54. Investigate, with help of local consultants, if necessary, technology required to implement the information systems needed to fill the needs of ISG stakeholders.

- ISG Sec

55. Prepare comprehensive and informed proposals for purchase of appropriate

- ISG Sec

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technology to implement the information systems.

56. Prepare submission on a formal process for ISG work plan formulation, approval and review, and submit to the Steering Board for approval.

- ISG Sec

57. Implement the agreed process for ISG work plan formulation, approval and review

- ISG Sec

58. Engage an international consultant to advice on improved process for meeting preparation and conduct.

- Manager- ISG Sec

KEY AREA 7 - Monitoring and evaluation

59. Keep records necessary to assess indicators at the end of each year.

- ISG Sec - An evaluation and monitoring mission conducted- An auditing mission conducted60. Annually circulate questionnaire annually to

gather additional information required for indicators, and collate results.

- ISG Sec

61. Annually prepare evaluation report based on agreed indicators, using information from records held and the questionnaire.

- ISG Sec

62. Annually prepare an audit report on the actions contained in the work plan planned to be carried out in the current year.

- ISG Sec

63. Arrange for a financial audit to be carried out each year.

- ISG Sec

64. Prepare 6 monthly reports and submit to Core Donor Group.

- ISG Sec

Legend: Planned- On-going

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APPENDIX 2

DRAFT WORK PLAN 2004 FOR TAG1

International Agro-economic Integration and PolicyNo Activity Resp. Q1 Q2 Q3 Q4 Expected outputs by the end of

2004

1 2 3 4 5 6 7 8 9 10 11 12A Meeting

1. Regular meeting 5:- Update of TAG1 work plan 2004- MARD activities- Emerging issue: Expanded AFTA

MARD,ISG Sec, TAG 1 members

- TAG1 Work Plan 2004 agreed among its members.- Most priority activities, thematic studies selected- Sharing information on emerging issues and proposing solutions- Funding arrangements.

2. Regular meeting 6:- Implementation Progress TAG1 work plan 2004 and preparation for TAG1 work plan 2005- Update of MARD’s activities relating to international economic integration- Presentations of thematic studies

MARD,ISG Sec, TAG 1 members

- TAG1 Work Plan 2005 agreed among its members- Information shared- Study results and/or progress shared

3. Ad-hoc meeting 1: International economic integration roadmap of agriculture and rural development sector

MARD, AusAID, ISG Sec, TAG 1 members

- Information shared- Recommendations made towards a proper roadmap

4. Ad-hoc meeting 2: - To defined later based on the hot issues emerging (???)

MARD,ISG Sec, TAG 1 members

B Coordination Activities

5. Facilitate the implementation of MARD, A revised Action Plan prepared

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MARD’s Action Plan on Integration:- To support relevant departments to revising of the Action Plan on International integration- To support implementation of the Action Plan

ISG Sec, TAG 1 membersMARD,ISG Sec, TAG 1 members

and submitted to MARD Minister for issuanceConcrete activities implemented to enhance the sector’s effective integration into the world markets

6. Support the relevant departments/ institutions of MARD to prepare for negotiations with WTO and ASEAN partners for the expanded AFTA

Alternative options worked out to support the sector’s negotiations with partners

C Thematic Studies

7. Training Need Assessment with respect to international economic integration at sector-wide scope

ICD (a consultant required), ISG Sec.

Specific training needs on integration of the sector identified for comprehensive capacity building program

8. Impacts of medium and small trading enterprises in agricultural sector when Vietnam becomes member of WTO

Planning Dept., ISG Sec.

Recommendations made to raise SME’s awareness and enable its preparation to integrate into a global liberalized market.

9. Performance analysis of FDI in agriculture and rural development

ICD, ISG Sec.

Recommendations made to combine FDI and ODA resources for development of agriculture and rural areas.

D Information collation and dissemination

10. To disseminate study reports of 2 on-going projects on trade liberalization (funded by DANIDA and AusAID)

MARD, ISG Sec, TAG1 members; TAG1 Tech. Coord.

Ensured smooth flows of information shared among TAG1 member s and other if relevant.

11. Disseminate study reports from the thematic studies

MARD, ISG Sec, TAG1 members;

As above

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TAG1 Tech. Coord.

12. Provision of results from the above TAG1 activities to ISG Management Information System (Newsletters, ISG Monthly Briefings, ISG website, ODA database, etc.)

MARD, ISG Sec, TAG1 members; TAG1 Tech. Coord.

As above

13. Updating progress of MARD’s negotiations and progress of the Doha round

MARD, ISG Sec, TAG1 members; TAG1 Tech. Coord.

As above

Legend: Planned- On-going

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APPENDIX 3

WORK PLAN 2004 FOR TAG2

Support to Hydraulic Works Development, Disaster Control, and Rural Water Supply

No Activity Resp. Q1 Q2 Q3 Q4 Expected outputs by the end of 2004

1 2 3 4 5 6 7 8 9 10 11 12A Meeting

1. Regular meeting 6:-TAG2 work plan 2004- MARD activities- Institutional framework (NRW strategy, IRBM decree, Law on Water Resources)

MARD,RNE,ISG Sec, TAG 2 members

- TAG2 Work Plan 2004 agreed among its members.- Information shared and documented- Most priority activities, thematic studies selected- Funding arrangements.

2. Regular meeting 7:- Preparation for TAG 2 work plan 2005- Presentations of thematic studies - Clarification of issues related to water sector in the next period

MARD,A donor to be identified,ISG Sec, TAG 2 members

- TAG 2 Work Plan 2005 agreed among its members- Information shared and documented- Study results and/or progress shared

3. Ad-hoc meeting 1: (proposed by ADB)Priority Integrated Water Resources Management Issues in Vietnamese River Basins:- Updates on policies on river basins- Priority IWRM Issues in the Red, Cuu Long, and Dong Nai River Basins and comparison of priority IWRM issues in three Basins- Start-up of RBM for Ca and Srepok

MARD,ADB,ISG Sec, Second Red River Basin Sector Project,TAG 2 members, TAG2 Tech.

- Information shared- A comparison of the three river basins, their water resource endowments vs. demand and the priority IWRM issues and challenges- Policy issues related to coordination bw MARD, MONRE, and others

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Rivers- Regional WRM activities, especially those of the recently established Network of Asian River Basin Organizations (NARBO)- Coordination between MARD, MONRE and other agencies in IWRM

Coord.

4. Ad-hoc meeting 2: (proposed by Danida)Creating the legislative basis for water user groups in rural water supply and irrigation; Working towards Participatory Irrigation Management:- ???

MARD,DANIDA,ISG Sec, TAG 2 members

???

5. A Workshop on Decree 143 which specifies functions of IMCs. - participated by IMCs in several provinces- to discuss the Decree 143, with a view to find out what the IMCs say and think about this decree, - to identify appropriateness and possible implementation of this decree

MARD DWR, ICD, ISG Sec., TAG2 Tech Coord., ADB, TAG2 members

- Increased awareness of the IMCs about the Decree- Opinions shared among the invited provinces.- Recommendations, comments synthesized and sent to relevant agencies for incorporating into the Decree

B Coordination Activities

6. Preparation of semi-annual Advisory Briefings relating to TAG2 mandated activities:- ???- ???

MARD,DANIDA,ISG Sec, TAG 2 members

A list of important issues, as inputs for the thematic studies

7. National Workshop on Rural Water Supply and Sanitation in Vietnam:- To document the status of implementing the National RWSS Strategy; - To present and discuss how to address key challenges for achieving the national strategy and goals for RWSS in Vietnam, and

MARD,DANIDA,ISG Sec, WaterSPS

- A Draft RWSS Sector Review Document.- Draft Aide Memoire describing issues of common concern for implementing the National RWSS Strategy, achieving the Vietnam Dev’t Goals for rural water supply and sanitation and outlining

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- To identify and discuss opportunities for new aid modalities and future partnerships in the sector.

opportunities for new partnerships modalities in the sector.

8. Support to the Joint GoV – Donor Sector Review on Rural Water Supply, Sanitation and Health in Vietnam:- To describe and assess the present status of the RWSS sector framework in Vietnam and related health aspects, including a brief overall assessment of GoV programmes and donor-/INGO/NGO assisted programmes and projects;- To assess the status of implementing the National Rural Clean WSS Strategy Up To Year 2020 and summarize lessons learned and recommend solutions to constraints/issues identified in the implementation of RWSS Strategy; and;- To provide guidance and recommendations to GoV and donors on harmonization, aid management modalities, partnership implementation strategies, information sharing, and access to global learning, and appropriate approach for RWSS and health in Vietnam.

- Draft Review Report on the status, lessons learnt, challenges and action plan for RWSS and health in Vietnam with emphasis on harmonization.- Stakeholders workshop on the findings, recommendations of the action plan;- Publication on the status, challenges and action plan for RWSS and health in Vietnam. - Publication for CERWASS and ISGMARD sites;- Joint GoV-donor MOU on agreed action plan for RWSS.

C Thematic Studies

9. Thematic study 1: (waiting for the inputs from Advisory Briefing)

??? ???

10. Thematic study 2: (waiting for the inputs from Advisory Briefing)

??? ???

D Information collation and dissemination

11. Provision of results from the above TAG2 activities to ISG Management Information System (Newsletters, ISG Monthly

MARD, ISG Sec, TAG2 members;

Ensured smooth flows of information shared among TAG2 member s and other if relevant.

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Briefings, ISG website, ODA database, etc.)

TAG2 Tech. Coord.

12. Provision of information relating to the project “Support to Coordination of International Assistance and Information in WRM” under ISG framework

MARD, ISG, Danida, WAterSPS, TAG2

As above

13. Collection and provision of reports and documents relating the water sector for the ISG MIS

MARD, ISG Sec, TAG2 members; TAG2 Tech. Coord.

As above

14. Collection and dissemination of the information regarding ongoing activities of MARD and donors in the water sector to TAG2 members.

MARD, ISG Sec, TAG2 members; TAG2 Tech. Coord.

As above

E Reports to CG Meetings

15. TAG2 Notes for CG Meeting June 2004:- Progress of the TAG2, and the water sector- Planned activities

MARD, ISG Sec, TAG2 members; TAG2 Tech. Coord.

A report submitted to CG meeting in-time

16. TAG2 Notes for CG Meeting Dec. 2004:- Progress of the TAG2, and the water sector- Planned activities

As above

A report submitted to CG meeting in-time

Legend: Planned Completed- On-going

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APPENDIX 4

WORK PLAN 2004 FOR TAG 3

Support to the implementation of CPRGS in the agriculture and rural development areas

No Activity Responsibility. Q1 Q2 Q3 Q4 Expected outputs by the end of

2004

1 2 3 4 5 6 7 8 9 10 11 12A Meeting

1. Regular meeting 3:- TAG 3 work plan 2004- MARD activities- Support to roll-out CPRGS to the provincial level

MARD,CECI,ISG Sec, TAG 3 members

- TAG 3 Work Plan 2004 agreed among its members.- Information shared and documented- Most priority activities, thematic studies selected- Funding arrangements.

2. Regular meeting 4:- Preparation for TAG 3 work plan 2005- Presentations of thematic studies - Clarification of issues related to CPRGS implementation

MARD,A donor to be identified,ISG Sec, TAG 3 members

- TAG 3 Work Plan 2005 agreed among its members- Information shared and documented- Study results and/or progress shared

3. Ad-hoc meeting 1: - Briefing on CPRGS- Update and share lessons learnt in CPRGS implementation - Issues related to coordination of CPRGS implementation- Update and share information, lessons learnt in CPRGS implementation in MARD.

MARD,MPI,ISG Sec, TAG 3 Technical Coordinator (TC)

- Information shared on CPRGS implementation- Better understanding of preparation works for the CPRGS implementation to leaders of MARD Departments

4. Ad-hoc meeting 2: (proposed by SDC)- Within the framework of Rural Policy Analysis and Advisory Network toward CPRGS project proposed by SDC

MARD,SDC,ISG Sec, TAG 3

??? (SDC)

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membersB Coordination Activities

5. Preparation of quarterly Advisory Briefings relating to TAG 3 mandated activities:- Streamlining CPRGS into MARD rural development strategy- ???

MARD,Informal core donor group,ISG Sec, TAG 3 members

- Advisory Briefing Note to be sent to MARD Minister and CG Meeting- A list of important issues, as inputs for the thematic studies

6. Support to the establishment of Provincial CPRGS Working Groups (WGs) – Please see the attached Work plan for more detail.- To assist provincial DARDs and other key agencies & actors at the province level to establish and operate working groups to support achieving the full integration of CPRGS into the DARD planning processes and linkage with provincial CPRGS rollout

MARD,CECI,ISG Sec, CDEEP, TAG 3 - TC

- Pilot provinces are selected and visited- Working Groups at provincial level are established and operated

7. Support the WGs at provincial level of selected provinces to integrate CPRGS into the Work plan of its DARD.

ISG Sec, CECI, CDEEP, other donors

- Work plan of selected DARDs are drafted.

C Thematic Studies

8. Thematic study 1: (waiting for the inputs from Advisory Briefing)

??? ???

9. Thematic study 2: (waiting for the inputs from Advisory Briefing)

??? ???

10. Thematic study 3: Study on the roles of NGOs in CPRGS implementation

CARE, TAG 3 members, ISG Sec,TC

??? (CARE International)

11. Setting up a set of indicator to monitor and evaluate CPRGS implementation

MARD, WB, ISG Sec

- An operational monitoring system to measure progress in the implementation of CPRGS in the rural sector is established.- Institutional capacity of MARD

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to carry out analyses of the impact of past public investments and various policies on poverty reduction are strengthened, through technical assistance, training and equipment

12. Study on contributions of the SOEs to the rural growth (???)

MARD, ISG Sec, a donor ???

13. Study on contributions of private sector to the rural growth (???)

MARD, ISG Sec, a donor ???

D Information collation and dissemination

14. Provision of results from the above TAG 3 activities to ISG Management Information System (Newsletters, ISG Monthly Briefings, ISG website, ODA database, etc.)

MARD, ISG Sec, TAG 3 members; TC.

Ensured smooth flows of information shared among TAG 3 members and other if relevant.

15. Publishing “Background information document on CPRGS”

WB, ISG Sec

A publication on background information of CPRGS is published

16. Collection and provision of reports and documents relating to CPRGS implementation for the ISG MIS

MARD, ISG Sec, TAG3 members; TC.

As above

17. Collection and dissemination of the information regarding ongoing activities of MARD and donors related to CPRGS implementation.

MARD, ISG Sec, TAG 3 members; TC.

As above

E Reports to CG Meetings

18. TAG3 Notes for CG Meeting June 2004:Progress of the TAG3, and CPRGS related issues; Planned activities

MARD, ISG Sec, TAG 3 members; TAG3 - TC.

A report submitted to CG meeting in-time

19. TAG3 Notes for CG Meeting December 2004:Progress of the TAG3, and CPRGS related

As above

A report submitted to CG meeting in-time

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issues; Planned activities

Legend: Planned Completed- On-going

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PPENDIX 5: Schedule of Meetings 2004 – 2006

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TRANSPORT PARTNERSHIP GROUP

Since its establishment in July 2000, the group has consolidated information and experience on projects and programs for the alignment of supports and the improvement of project/program effectiveness. The group is currently stepping toward the forum of active discussion on policy issues so that policies and strategies pursued by the GoV could align with supports funded by donors in the transport sector. In addition, monitoring MoT’s Transport Sector Strategy Plan and, if considered necessary by MoT, holding workshops on specific themes are important activities of the group. In 2004, co-chairmanship of the group has been changed from JICA to JBIC. Main activities of the group and its members are following:

1. Activities of Group Members1.1 Government Strategy:MoT presented the Transport Sector Strategy Plan to the Prime Minister at the end of 2002. The development strategy is based on VITRANSS, the transport sector study conducted by JICA. Master Plans of Maritime, Railways, Waterway, Road and detailed plans of several regional port areas have been approved. Master Plan of Aviation is being modified to submit to the Prime Minister for approval. Moreover, several subsector and regional Master Plans are under preparation.

1.2 Maintenance Funding for National Highways:Preliminary findings from the Public Expenditure Review (PER) conducted by WB in close collaboration with the GoV shows that budget allocation for recurrent expenditure for national roads had been less than a half of the amount planned in the Public Investment Plan during 2001-2002. For the last six months, the GoV takes important steps to tackle this issue. Besides a substantial increase in budget allocation for road maintenance, the Prime Minister approved the study project on maintenance funding including the proposal on the establishment of road fund. MoT assigned VRA to conduct this study which will be submitted to the Prime Minister for approval.

1.3 Projects / Programs:The vital role of large-infrastructure in economic growth and poverty reduction is recognized in the CPRGS. Partnership members have been committed to the development of large-infrastructure. Some descriptive examples of ongoing and planned supports in the transport sector are following.

Urban Transport: JICA is finalizing Master Plan for HCM City urban transport and will commence Hanoi City Master Plan which includes a component on the transport sector. France is conducting two studies related to tramway in Hanoi.

Rural Transport: WB and DfID have assisted provincial governments in the improvement of rural roads and the capacity building of local road authorities and are currently preparing the third program in this sub-sector. In collaboration with DfID, VRA’s Local Transport Unit is planning the inclusion of rural road inventory information in VRA’s data base. ADB has

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supported provincial governments in improvement of provincial roads in Northern and Central provinces and capacity building for PDOT’s staff.

National Highways: ADB, JBIC, and WB have supported the improvement of national highway network and the development of road management system. Moreover, WB expand its assistance to periodic maintenance of national highways and the enhancement of VRA’s managerial capabilities

Railways: KfW has supported the improvement of railway infrastructure and currently prepares a project to enhance the control center of the Vietnam Railway. GTZ assists the Vietnam Railway in modernizing management procedures. ADB will be supporting the rehabilitation and improvement of a section of Ha Noi – Lao Cai railway which is on Kuming-Hai Phong Corridor.

Inland Waterways: WB is supporting the improvement of waterways in the Mekong Delta. This includes institutional support to VIWA to manage and maintain the network of waterways, navigational aids and inland ports.

2. The 8 th Transport Partnership Meeting: 2.1 Toward the Venue of Policy DiscussionThe 8th transport partnership meeting was held on May 26, 2004. The 8 th partnership meeting took a new approach -- actively discussing on specific policy issues. During the meeting, participants concentrated on two specific agendas, Road Maintenance and Hanoi Urban Transport. As group members are generally supportive of this change, the new approach will be continuously employed in coming meetings.

2.2 Road MaintenanceAfter the discussion held in previous partnership meetings, the group members regarded Road Maintenance as an important sector issue. Since donors considered the successful implementation of road management system as a crucial milestone in road maintenance, the TORs on their TA projects were shared among them. Based on this collaboration to align supports, the matrix on road maintenance TA was created. Though this process, donors realized several overlap tasks among their TA projects, in particular the development of a road management system. At the 8th partnership meeting, stakeholders shared the perception that VRA, as a user of the road management system, is in a focal position to handle this overlap issue. The group members reached the general consensus that the overlap issue requires further discussion among the stakeholders under VRA’s lead. In addition to the development of a road management system, members identified several other issues including the lack of maintenance funding and an integrated road management system to cover both national highways and rural roads for further discussion in coming meetings.

2.3 Hanoi Urban TransportMany studies and project preparations are commenced in 2004. JICA is preparing a next Hanoi City Master Plan. French agencies start two studies, one related on to tramway and the other about Hanoi public transport Development Plan. WB is conducting the study on bus transit system and preparing a transport project in Hanoi. Given increasing interest in transport

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projects/programs in Hanoi, this agenda was chosen for the 8th partnership meeting. In order to promote coordination and ensure effective implementation, stakeholders including Hanoi People’s Committee exchanged information on transportation sector strategy, projects, and study programs at the meeting. JICA expressed interest in having inputs from stakeholders to refine the transportation sector component in the Hanoi City Master Plan in which the scope of study will be determined in this summer.

2.4 Actions for the Next Six Months To organize follow-up meetings on the overlap issue in road management system among

MoT, VRA, donors, and consultants under VRA’s leadership

To share the progress of master plans related to the transport sector in Hanoi and provide inputs for these plans in order to refine their planning activities

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TRANSPORT SECTOR ASSISTANCE PROJECTS IN VIETNAMTRANSPORT PARTNARSHIP GROUP

PROJECT DONOR STATUS DURATION CONTACTRoad Improvement ADB Completed 1993-2001  Sai Gon Port ADB Completed 1994-2001  Second Road Improvement ADB Completed 1997-2003  

Third Road Improvement ADB Ongoing [email protected] [email protected]

GMS: HCMC-Phnom Penh Highway ADB Ongoing [email protected] [email protected]

GMS: East-West Corridor ADB Ongoing [email protected] [email protected]

Provincial Roads Improvement ADB Ongoing [email protected] [email protected]

Central Region Transport Network ADB Preparation Stage [email protected] [email protected] [email protected]

GMS: Kunming-Haiphong Corridor ADB Preparation Stage [email protected] [email protected] [email protected]

GMS: Southern Coastal Corridor ADB Concept Stage [email protected] [email protected] [email protected]

Implementation of Sector Development Policy (Road Information and Management System)

ADBConsultants presently

being recruited2004-2005

[email protected] [email protected] [email protected]

F/S of LRT on Road 32 France (MoF) Ongoing 2004  Study on Intergrated Long-term Public Transpor Development Plan in Hanoi

France(EEFD) Ongoing 2004 [email protected]

Rehabilitation of 15 Main-Line Locomotives

KfW completed15.03.1996 -

2000

Dr. K. Mueller; Mr. Nguyen Van Minh: [email protected]

Feasibility Study on Urban Railway System of Hanoi

KfW completed 1999-2000Dr. K. Mueller; Mr. Nguyen Van Minh: [email protected]

Supply of Modern Railway Cranes KfW Ongoing 2000-2003Dr. K. Mueller; Mr. Nguyen Van Minh: [email protected]

Workshop Programme Danang KfW Ongoing19.05.1999 -

2004

Dr. K. Mueller; Mr. Nguyen Van Minh: [email protected]

Main Line Locomotives KfW OngoingBegin:

11.10.2001

Dr. K. Mueller; Mr. Nguyen Van Minh: [email protected]

Hopper Suction Dredger KfW Ongoing Begin: 29.08.2000

Dr. K. Mueller; Mr. Nguyen Van Minh:

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[email protected]

VietRanilway Control Center KfW Prpposed  Dr. K. Mueller; Mr. Nguyen Van Minh: [email protected]

Vietnam Railways Project GTZ Ongoing 2001- 2004  National Highway No. 5 Improvement Project

JBIC Ongoing 1996 – 2004Makoto Uchida, JBIC [email protected]

National Highway No. 1 Bridge Rehabilitation Project

JBIC Ongoing 1996 - 2005Makoto Uchida, JBIC [email protected]

Second National Highway No. 1 Bridge Rehabilitation Project

JBIC Ongoing 1999 - 2004Makoto Uchida, JBIC [email protected]

Third National Highway No. 1 Bridge Rehabilitation Project

JBIC Ongoing 2003 - 2009Makoto Uchida, JBIC [email protected]

National Highway No. 10 Improvement Project

JBIC Ongoing 1998 -2007Makoto Uchida, JBIC [email protected]

National Highway No. 18 Improvement Project

JBIC Ongoing 1998 -2008Makoto Uchida, JBIC [email protected]

Bai Chay Bridge Construction Project JBIC Ongoing 2001 - 2008Makoto Uchida, JBIC [email protected]

Binh Bridge Construction Project JBIC Ongoing 2000 - 2007Makoto Uchida, JBIC [email protected]

Red River (Thanh Tri) Bridge Construction Project

JBIC Ongoing 2000 - 2008Makoto Uchida, JBIC [email protected]

Can Tho Bridge Construction Project JBIC Ongoing 2001 - 2009Makoto Uchida, JBIC [email protected]

National Highway No. 1 Bypass Road Construction Project

JBIC Ongoing 2001 - 2009Makoto Uchida, JBIC [email protected]

Hai Van Tunnel Construction Project JBIC Ongoing 1997 - 2007Makoto Uchida, JBIC [email protected]

Rural Development and Living Standard Improvement Project III (Rural Road)

JBIC Ongoing 1999 - 2006Makoto Uchida, JBIC [email protected]

Small-Scale Pro Poor Infrastructure Development Project (Rural Road)

JBIC Ongoing 2003 - 2007Makoto Uchida, JBIC [email protected]

Hanoi – Ho Chi Minh City Railways Bridge Rehabilitation Project

JBIC Ongoing 1994 - 2005Makoto Uchida, JBIC [email protected]

Hai Phong Port Rehabilitation Project (Phase II)

JBIC Ongoing 2000 - 2007Makoto Uchida, JBIC [email protected]

Cai Lan Port Expansion Project JBIC Ongoing 1996 - 2005Makoto Uchida, JBIC [email protected]

Da Nang Port Improvement Project JBIC Ongoing 1999 - 2004Makoto Uchida, JBIC [email protected]

Coastal Communication System Project in Southern Vietnam

JBIC Ongoing 2000 - 2007Makoto Uchida, JBIC [email protected]

Tan Son Nhat Airport International Terminal Construction Project

JBIC Ongoing 2002 - 2007Makoto Uchida, JBIC [email protected]

Sai Gon East-West Highway JBIC Ongoing 2000 - 2007 Makoto Uchida, JBIC

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Construction Project [email protected] Infrastructure Development Project in Hanoi

JBIC Ongoing 1999 - 2006Makoto Uchida, JBIC [email protected]

National Weak Bridges Reconstruction Project

JBIC Ongoing 2004 - 2008Makoto Uchida, JBIC [email protected]

Hanoi – Ho Chi Minh City Railways Bridge Rehabilitation Project (III)

JBIC Ongoing 2004 - 2009Makoto Uchida, JBIC [email protected]

Cai Mep-Thi Vai International Port Development project

JBIC Proposed 2004 - 2012Makoto Uchida, JBIC [email protected]

National Highway No.3 Improvement Project

JBIC Proposed 2005-Makoto Uchida, JBIC [email protected]

Detailed Design Study of CAI MEP-THI VAI International Terminals

JICA Ongoing 2004-2006Komori katsutoshi, JICA

[email protected]

Traffic Safety Program JICA Ongoing 2004-2005Komori katsutoshi, JICA

[email protected] on Urban Transport Master Plan and Feasibility Study in HCN Metropolitan Area

JICA Ongoing8/2002-6/2004

Komori katsutoshi, JICA [email protected]

Study on urban transportation master plan in Hanoi (as one component of the Hanoi City Planning Master Plan)

JICA Proposed 2004-2006Komori katsutoshi, JICA

[email protected]

Project for Reconstruction of Bridges in Mekong Delta Area

GOJ/JICA Completed6/2001-3/2004

Komori katsutoshi, JICA [email protected]

Project for Reconstruction of Bridges in the Central District

GOJ/JICA Ongoing /Proposed4/2002-3/2006

Komori katsutoshi, JICA [email protected]

Urban Transport Improvement Project WB Ongoing11/1998-12/2003

Edward Dotson/ Shomik Mehndiratta

[email protected] Waterways and Port Rehabiltation Project

WB Ongoing03/1998 - 09/2005

Simon Ellis [email protected]

Mekong Transport and Flood Protection Project

WB Ongoing06/2001 - 06/2006

Maria Margarita Nunez [email protected]

Road Network Improvement Project WB Ongoing12/2003-9/2008

Jerry Lebo [email protected]

Road Safety Project WB Under preparation 2005-2010Jerry Lebo

[email protected]

Hanoi Urban Transport Development Project

WB Under preparation 2006-2011Shomik Mehndiratta

[email protected]

Mekong Transport Infrastructure Development project

WB Under preparation 2006-2011Simon Ellis

[email protected]

Second Rural Transport Project WB/DFID Ongoing01/05/2000 -

12/2005

[email protected] Simon Lucas s-

[email protected] or Simon Ellis

[email protected]

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Third Rural Transport Project: WB/DFID Proposed 2005 - 2010

[email protected] Simon Lucas s-

[email protected] Simon Ellis

[email protected]

Rural Road Surfcing Reasearch WB/DFID Ongoing01/05/2003 -

12/2005RITST or Robert Petts

[email protected]

Review of Rural Road Strategy DFID Proposed July 2005-Simon Lucas s-

[email protected] sector co-ordination JBIC/DFID Design TBC TBCTrasnport Safety Design Work NZ/DFID Design TBC TBC

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PARTNERSHIP NOTE: LEGAL AND JUDICIAL REFORMS2

A long-term Legal System Development Strategy is still under finalization. Given its comprehensiveness, importance and a cross-cutting nature of the Strategy, the Standing Committee of the National Assembly urged the Drafting Committee to seek comments from relevant committees/council and members of the National Assembly, as well as relevant Party committees/commissions before it will be submitted for final approval. It is expected that the Strategy will be approved this year, after a long but necessary consultation process.

Along with legal reforms, judicial reforms are also underway. During the period between April 14-17 a National Judicial Conference was held in Ha Noi where top leaders of the country and heads of legal and judicial institutions at both national and local levels gathered together discussing achievements and remaining issues after two years of the implementation of Politburo Resolution No8 on Key Judicial Tasks issued January 2, 2002. The Conference also touched upon issues on how to accelerate the judicial reform agenda. To this end, a Judicial Reform Strategy would be needed, as indicated in the Conference. There was also expression of a need to link judicial reforms with public administration reforms, and of course, with legal reforms. In this context, a Deputy Chief Justice of the Supreme People’s Court of Viet Nam has briefed the donor community at a Monthly Donor Forum at UNDP office this May on key conclusions of the Conference and the challenges Viet Nam is facing in this area as well as planned actions for further acceleration of the judicial reform agenda.

Anti-corruption was also brought up with high attention of the government agenda. At the last meeting of the Government, Prime Minister Phan Van Khai emphasised that PAR and anti-corruption will be two focuses of the government agenda in 2004. In December 2003, the Government of Viet Nam signed a UN Convention Against Corruption. Now the Government is seeking ways to be well prepared for ratification and effective implementation afterwards. Briefing on anti-corruption issues in Viet Nam before the donor community at a Monthly Donor Forum last April at UNDP, the State Inspector General asked the donor community to assist the Government in this field.

A key substantive legal development since last CG was revision of the Criminal Procedure Code. A number of positive changes towards better protection of citizen rights and interests have been made. The draft New Criminal Procedure Code has brought great attention of the NA deputies. The key newly introduced points of the bill were to aim at enhancing the transparency and fairness during the criminal investigation and trial. The new Code now allows the defense lawyers to be involved in very first stages of investigation and paved initial ways for them to challenge the investigators and prosecutors in the investigation process and especially in the courtroom. A key principle of trial that requires judges to be based on those facts that have been proved and tested in the courtroom in delivering their decisions has been highlighted in this law. Much more direct and meaningful debates between the parties of the case and between the prosecutors and defense lawyers have also been highlighted in the new Code, which will come to force since 1st July this year.

It is also worth to note that the Civil Procedure Code was promulgated by the National Assembly at this on-going section. This is the first ever Code for civil procedure in Viet Nam, which would cover procedures in dealing with almost all non-criminal cases. The Code, which will come into force since January 1, 2005, has paid much attention to autonomy of the parties on the case in commencing the action and introducing evidence, etc. during the whole process of civil justice.

A number of legal normative documents further enabling a legal environment for doing business have been promulgated, such as the Revised Land Law, the Revised State-owned Enterprise Law, the Revised Cooperative Law, the Construction Law, the Revised Bankruptcy Law. On-going efforts in developing a unified legislation on domestic and foreign investment and a unified enterprise law are being made with donor assistance.

The Land Law has received much attention from the public. According to the revised law, land prices defined by the State must be close to the land use right transfer prices in the market in normal conditions. Another item in the amended law is improvement to the institution's compensation for

2 This note is prepared by Luu Tien Dung, UNDP Programme Analyst.

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those who have had legally owned land revoked by the state. Previously they were compensated in cash at state-regulated prices, a practice that triggered many lawsuits. Now, land or housing of the same or better standard than reclaimed land or houses will be used as compensation.

The rights of land users are also expanded. Apart from the right to change, transfer, lease, sub-let, inherit, mortgage, guarantee and contribute capital by land use right, the amended law also sets rights for land users, including the right of gifting land use rights, even to overseas Vietnamese and the right to be compensated should land be revoked by the state. The rights of women are also promoted as both husband’s and wife’s names – according to the revised law - are to be on the land certificates.

Legislation agenda for 2004: The NA plans to ratify 17 laws and 16 ordinances this year. In addition to 8 laws on civil litigation code, inspections, domestic waterway transport, and amendments to the credit institution law, the child protection law, and businesses bankruptcy, which will have been promulgated by the end of this on-going section, the next session, to be organized in November 2004, expects to pass nine laws on electricity, competition, issuance of legal documents by people's councils and committees, land use tax, national security, and amendments to the laws on publishing, forestry protecting, education, and complaints and denunciations.

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MATRIX OF DONOR ASSISTANCE IN THE LEGAL SECTOR

General SupportArea of support Donors Key objectives Counterpar

tsStatus Start-end

datesContact persons

Support the Legal System Development Strategy

UNDP/SIDA/DANIDA/WB/ADB

UNDP/SIDA/DANIA

To strengthen the Management Capacity for the LSDS implementation

To implement a number of high priorities of the legal and judicial reform agenda

MOJ and other legal agencies

On going

On going

Sep. 2003- Sep. 2007

Sep. 2003-Sep. 2007

UNDP: Luu Tien Dung at [email protected] or Katrine Pedersen at [email protected] : Anette Dahlstrom at [email protected] or Mr. Vu Tuan Minh at [email protected]: Mr. Anders JorgensenCounsellor at [email protected] : Hoi-Chan NguyenHnguyen3@worldbank,orSoren Davidsen [email protected]: Mr. Ramesh Adhikari at [email protected] or Mr. Dao Viet Dung at [email protected]

Professional advice and Aassistance in revising carryinigcarrying out legal issues reforms relating needed forto the implementation of the Bilateral

USAID /STARid

To create a legal environment for implementation of the BTA and accession to WTO

36 Relevant government and state

On going 2002-2005 Dennis Zvinakis [email protected] Mr. Steve Parker at [email protected]

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Trade Agreement between Viet Nam and the United States (BTA) and accession to WTO

agencies at the national level, and 10 provincial/ city governments

Mr. John Bentley at [email protected]. Hank Baker at [email protected]. Phan Vinh Quang [email protected]. Helle Weeke at [email protected]

EC Institutional Support Programme (ISP) for Vietnam(EC contribution: 8 million Euro)

EC Institutional support to the legislative and legal/judicial sectors in Vietnam pertaining to integration issues including a) policy advice and institutional support and b) capacity building and training.

M OJ, ONA, SPC, SPP

Planned 2004three years

Mr. Francisco Fontan Pardo [email protected]; and Mrs. Vu Thi Tuan Anh at [email protected]

LAW MAKING AND DRAFTING, INCLUDING SPECIFIC LEGISLATION

Area of support Donors Key objectives Counterpart

Status Start-end dates

Contact persons

Strengthening legislative drafting process

UNDP To strengthen capacity of reviewing constitutionality, legality and consistency of normative legal documents

MOJ On going Sep. 2003 Luu Tien Dung at [email protected] or Katrine Pedersen at [email protected]

Support for dDeveloping a follow-on Roadmap for changes to laws, regulations, and procedures needed to implement the BTA and to Aaccede to WTO

USAID/STAR

Support a research study and workshops by MOJ and related agencies.

MOJ On going 20034 Dennis Zvinakis [email protected] Ms. Helle Weeke at [email protected]

Support for dDeveloping a Legislative Development Report (“LDR”) for National Assembly legislative action needed to implement the BTA and Accede to

USAID/STAR

Support a research study, and workshops and publication of the Report by the ONA Center for Legal Information, with dissemination to all Deputies and relevant NA staff

ONA On going 2003 Dennis Zvinakis [email protected] Ms. Helle Weeke at [email protected]

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WTORevision of Commercial Law UNDP To revise the Trade Law MOT On going 2003 Khuong Viet Thang at

[email protected] of the Commercial Law USAID/

STARWorkshops and comments on drafts to Ddevelop a consistent, effective set of contract pprovisions and enabling legislation regarding trade in goods and services

Ministry of TradeMOT/NA

On going 2003-2005 Dennis Zvinakis [email protected] Ms. Helle Weeke at [email protected]

Amending theed Civil Code USAID/STAR

Workshops and comments on draft amendments to Ddevelop a consistent, effective set of contract provisions, clearer IPR IPR definitions and protection, more effective protection of property rights more generally, and an effective regime for secured transactions.

MOJ/NA On going 2003-2005 Dennis Zvinakis [email protected] Mr. John Bentley at [email protected]

Repeal of Ordinance On Economic Contracts

USAID/STAR

Workshops to Ddevelop a consistent, effective set of contract provision to ensure clarity in applicable law to contracts in Vietnam.

SPC/NA On going 2003-2004 Dennis Zvinakis [email protected] John Bentley at [email protected]

Drafting the new Civil Procedure Code and implementing regulations

USAID/STAR

Workshops and comments on drafts to Ddevelop effective rules of procedures for court operations in compliance with BTA/WTO and best practices to effectively handle IPR and civil cases.

SPC/NA Completed 2003 - 2004 Dennis Zvinakis [email protected] John Bentley at [email protected]

Drafting implementing regulations for the Civil Procedure Code implementing regulations

USAID/STAR

Workshops and comments on drafts to Ddevelop effective rules of procedures for court operations in compliance with BTA/WTO and best practices to effectively handle IPR and civil cases.

SPC/NA Just begun and on-going

2004-2005 Dennis Zvinakis [email protected] John Bentley at [email protected]

Revision of Ordinance on Procedures for Administrative Cases

USAID/STAR

Workshops and comments on drafts to Ddevelop effective procedures for judicial review of administrative actions in line with BTA/WTO requirements.

SPC On going 2003/2005 Dennis Zvinakis [email protected] John Bentley at [email protected]

Draft of SOE Law and Revision of Cooperative Law

UNDP To increase a more efficient business environment CIEM On going 2003 Do Thi Nguyet Nga at [email protected]

Draft of government regulations on business registration and licenses

UNDP To effectively implement the Enterprise Law CIEM On going 2003 Do Thi Nguyet Nga at [email protected]

Draft of a Law on Investment UNDP To create an uniformed legal basis for both foreign and domestic investment

CIEM On going 2003-2004 Do Thi Nguyet Nga at [email protected]

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Draft Common Investment Law and Unified Enterprise Law

USAID/STAR

Workshops, support for research studies and comments on drafts to Ddevelop a level playing field for all business sectors in line with the commitments in the BTA and WTO and best practices to enable more and better investment.

MPI /CIEM/PMRC

On going 20034-2005 Dennis Zvinakis [email protected] John Bentley at [email protected]

Draft of a Competition Law UNDP To create a legal foundation for fair competition in business

MOT On going 2001-2004 Steven Geiger at [email protected]

Draft of a Competition Law USAID/STAR

Workshops and comments on drafts to Ddevelop healthy competitive environment for businesses in line BTA and WTO commitments

NA (Committee on Economy and Budget)

On going 2004 Dennis Zvinakis [email protected] John Bentley at [email protected]

Draft regulations on customs valuation, classification, post-entry audit and border measures for IPR enforcement; amendment to the Customs Law

USAID/STAR

Workshops and comments on drafts to Ddevelop WTO/BTA compliant customs regulations in these areas.

MOF/CustomsGDC

On going 2003-200554 Dennis [email protected] Phan Vinh Quang [email protected]

Amended Law on Complaints and Denunciations

USAID/STAR

Workhops, support for research studies, regional study tour and comments on drafts to Ddevelop effective, BTA/WTO -compliant mechanisms for handling administrative complaints and judicial review of administrative decisions

SI/IAC On going 20053-2004 Dennis Zvinakis [email protected] John Bentley at [email protected]

Law on Electronic Transactionsc USAID/STAR

Workshops and comments on drafts to Ddevelop effective rules on electronic transactions to enable trade in goods and services, and and development of e-government and e-customs

NA/S&T Committee

On going 20054-2005 Dennis Zvinakis [email protected] Phan Vinh Quang [email protected]

Law on Concluding and Implementing International Treaties

USAID/STAR

Workshops and comments to Ddevelop a BTA/WTO compliant law to enable the effective implementation ofon international treaties to enable effective implementation

MOFA On going 20054-2005 JDennis Zvinakis [email protected] John Bentley at [email protected]

Ordinance Regulations on Ccommercial Aarbitration and implementing regulations

USAID/STAR

DComments on drafts to develop effective, BTA/WTO-compliant rules for commercial arbitration and enforcement of arbitral awards

VLA/SPC/MOJ

Completed 200334 Dennis Zvinakis [email protected] John Bentley at [email protected]

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Ordinance on Aanti-Ddumping USAID/STAR

Workshops and comments on drafts to Ddevelop WTO compliant rules and procedures for anti-dumping cases

MOT/NA Completed 2003-2004 Dennis Zvinakis [email protected] Ms. Helle Weeke at [email protected]

BankrupcyBankruptcy Law USAID/STAR

Workshop and comments on a draft to Ddevelop effective legislation on bankrupcybankruptcy

NA/CEBA Completed 2004 Dennis Zvinakis [email protected] John Bentley at [email protected]

Development of Rregulations oin Ttelecommunications

USAID/STAR

Workshops on BTA/WTO requirements and comments on drafts to Ddevelop effective regulations in telecommunications to foster competition, liberalization and regulation in line with the BTA/WTO commitments.

MOPT Completed 2003-2004 Dennis Zvinakis [email protected] Steve [email protected]

Amendment of the Law on Local Election and the Law on Organization of People’s Councils and Committees

UNDP To support the debate on amendment of the law and in consultation with people’s councils and committees

ONA On going 2003-2004 Shane Sheils at [email protected]

Draft of a Decree and other legal regulations to implement the State Budget Law

UNDP/AusAid/SECO/DFID

To support the implementation of the Revised Budget Law

MOF and CEBA

On going 2003-2006 Trinh Tien Dung at [email protected]

Legislation on human trafficking, smuggling of migrants and transnational organized crime.

UNODC

Enable VN to ratify the UN Convention on Transnational Organized Crime and its protocols

MOJ On going August 2003 –August 2005

Troels Vester [email protected]

Drafting Ordinance on registration of secured transactions

ADB To assist in drafting the Ordinance MOJ On-going 2003 Ms. Xuechun Zhang at [email protected] or Mr. Ramesh adhikari at [email protected]

Support revision and implementation of law related to court procedure.

DANIDA

To support a speedy introduction of the adversarial system in Vietnam

SPP On going 2005 Mette Jacobsgaard, [email protected]

Support revision and implementation of law on administrative procedure

DANIDA

To increase capacity to deal with administrative cases SPC Ongoing 2005 Mette [email protected]

Strengthening the NA and ONA participation in the legislative process (study tours on specific laws,

DANIDA

To reduce the adoption time of laws presented to the NA and increase the number of laws passed in each session of the NA.

ONA On-going 2005 Anne-Dorte [email protected]

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comparative studies, workshops, internships etc.)Legislation on Anti-Dumping CEG

Facility (AusAID)

Develop legal and institutional framework to deal with anti-dumping measures taken against Vietnam and against foreign products in Vietnam

MOT On-ging 2004 Graham [email protected]

Increasing capacity to undertake comparative law analysis

CIDA Improving law drafting and research MOJ On going 2001-2007 Vu Thi Yen [email protected] Vilandré [email protected]

Amendments to theRevision of Law on Credit Institutions

USAID/STAR

Workshops and comments on drafts to Ddevelop a strong legal underpiningunderpinning for a sound, competitive commercial banking sector in line with BTA/ and WTO commitments and best practices.

SBV/NA OCompletedn going

2003-200434 Dennis Zvinakis [email protected] JoJohn Bentley at [email protected]

Revision of Law on Credit Institutions

CIDA Creating a legal foundation for credits VSB On going 2003-2004 Vu Thi Yen [email protected] Vilandré [email protected]

Consolidation of Decrees on Securities and Development of a new Securities Law

USAID/STAR

Workshops and comments on drafts to Ddevelop effective legislation on securities to enable development of capital market and portfolio investment in line with BTA/WTO and best practice

SSC On going 2003-542005 Dennis Zvinakis [email protected] John Bentley at [email protected]

Drafting of JudgementJudgment Enforcement Code

USAID/STAR

Workshops, study tour and comments on drafts to Ddevelop a more effective mechanism for execution of judgements.

MOJ On going 2004-2005 Dennis Zvinakis [email protected] John Bentley at [email protected]

Draft Amended Law on Promulgation of Legal Normataive Documents (“Law Oon Laws”), and implementing regulations

USAID/STAR

Workshops and comments on drafts to Ddevelop a transparent and effective system of publication of enacted laws and regulations and , with consultation on draft legislation

MOJ/OOG/NA

Law Completed, Regulations On going(but On-going)

2002-2004 Dennis Zvinakis [email protected] John Bentley at [email protected]

Draft Decree On Official Gazette USAID/STAR

Workshops and comments on drafts to Ddevelop legislation to ensure timely and effective publication

OOG/MOJ Completed 2003-2004 Dennis Zvinakis [email protected]

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of regulations before their effectiveness John Bentley at [email protected]

Draft Law on Local Laws and implementing regulations

USAID/STAR

Workshops and comments on drafts to Ddevelop a transparent and effective system of publication of enacted laws and regulations, and consultation on draft legislation, at local levels

MOJ/OOG/NA

On going 2003-20052005

Dennis Zvinakis [email protected] John Bentley at [email protected]

Support legislative drafting and review process

CIDA Strengthening law drafting and reviewing Law Committee and Committee for Social Affairs of NA

On going 2001-2007 Vu Thi Yen [email protected] Vilandré [email protected]

Establishing legal framework for fisheries sector

NORAD

Creating a legal environment in the fisheries sector Ministry of Fishery

On going 2000-2004 Chinh Tran <[email protected]>

Judicial ReformsArea of support Donors Key objectives Counterpar

ts Status Start-end

datesContact persons

Drafting a Bench book for Judges CEG Facility (AusAID)

Improve the professional and practical skills of the judiciary in court proceedings

SPC On-going 2004-2005 Graham [email protected]

Legal Aid UNDP/DANIA/SIDA/NOVIB/SDC/

To develop a sound legislation on legal aid and supporting the provincial legal aid centers

MOJ On going Luu Tien Dung at [email protected] or Katrine Pedersen at [email protected]

Legal Aid Sida Strengthen NLAA capacity to carry out legal aid, strengthen the PLAC’s capacity to carry out legal aid, strengthen the capacity of mediation groupsNLAA/MoJ

MOJ On going 2001-2004/10 Anette Dahlstrom at [email protected] or Mr. Vu Tuan Minh at [email protected]

Legal Aid CIDA Strengthening legal aid service for disadvantaged groups in two provinces

MOJ On going 2003-2005 Vu Thi Yen [email protected]

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Isabeau Vilandré [email protected]

Law Implementation/EnforcementArea of support Donors Key objectives Counterpar

tsStatus Start-end

datesContact persons

Support for law enforcement in dealing with administrative violations

UNDP To strengthen capacity of the police force in implementing the Ordinance on Dealing with Administrative Violations

Ministry of Public Security

On going Sep. 2003 Luu Tien Dung at [email protected] or Katrine Pedersen at [email protected]

Drug law enforcement UNODC

To strengthen the law enforcement efforts over trafficking in drugs

Ministry of Public Security

On going 1 Jan 2004 –31 Dec 2006

Troels Vester [email protected]

Law making and law implementation Sida - To strengthen the capacity of MoJ in law making and law implementation- To strengthen law implementation ability of judges and civil executors,- To strengthen MoJ’s admin. management capacity

Ministry of Justice

On going 2001- 2004/06

Anette Dahlstrom at [email protected] or Mr. Vu Tuan Minh at [email protected]

Assistance in drafting Civil Code, Civil Procedure Code, Enterprise Bankruptcy law, and other laws related to Civil Code including Security transaction Ordinance, Immovable property registration law and Judgment Execution law.

JICA Basic civil laws consistent with market economy are enacted through the increased law drafting capacity of legislative staff.

MOJ, SPC On going July 2003 – June 2006

Mr. Morinaga, Taro [email protected] orMr. Sakakibara, Shinji [email protected]

Registration of secured transactions ADB To support the capacity building and training National Registration Agency of Secured Transactions, MOJ

On-going 2003 Ms. Xuechun Zhang at [email protected] or Mr. Ramesh adhikari at [email protected]

Support the establishment of an Agency for Criminology and Statistics

DANIDA

To collect, process and disseminate accurate data on crime

SPP On going 2005 Mette Jacobsgaard, [email protected]

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Support the international economic integration

CIDA Strengthening legal capacity for international economic integration,access to WTO

MOJ On going 2001-2007 Vu Thi Yen [email protected] Vilandré [email protected]

Support for enhanced enforcement of Intellectual Property Rights (IPR) by the economic police

USAID/STARNDP

Workshops to Sstrengthen the capacity of the economic police force in enforcing IPR through training workshops and assisting the Police Academy to develop training manuals on IPR enforcement

Ministry of Public Security/Economic Police

On going 2004-20053 Dennis Zvinakis [email protected] Hank Baker at [email protected]

Support for enhancing the capacity of the courts to enforce Intellectual Property Rights (IPR)

UNDPSAID/STAR

Workshops to Sstrengthen the capacity of the Supreme People’s Court and local courts in enforcing IPR, including through an intensive 3-week training courtcourses in Vietnam and Thailand in addition to a number ofand on-going workshops

Supreme People’s Court

On going 2002-32005 Dennis Zvinakis [email protected] Hank Baker at [email protected]

Support for enhancing the capacity of local governments to enforce Intellectual Property Rights (IPR)

USAID/STARNDP

Strengthen the awareness of and coordination within People’s Committees in Hanoi and Ho Chi Minh City on the importance and means of IPR enforcement through awareness-raising, coordination, and training workshops

Hanoi and HCMC PCs

On going 2003-2005 Dennis Zvinakis [email protected] Hank Baker at [email protected]

Support for enhancing the capacity of Vietnamese right-holders to enforce their Intellectual Property Rights (IPR)

UNDPSAID/STAR

Strengthen the capacity of the Vietnam Copyright Center in enforcing IPR of Vietnamese artists and authors through awareness-raising workshops

Vietnam Copyright Center

On going 2003-2004 Dennis [email protected] Hank Baker at [email protected]

Improving capacity to enforce civil judgments

CIDA Strengthening law enforcement capacity MOJ On going 2001-2007 Vu Thi Yen [email protected] Vilandré [email protected]

Law Education and TrainingArea of support Donors Key objectives counterpart

sStatus Start-end

datesContact persons

Support for the law training for officials at the grass root level

UNDP - To strengthen capacity of officials at the grass root level in law implementation

Central Party Internal Affairs

On going Sep. 2003 Luu Tien Dung at [email protected] or Katrine Pedersen at [email protected]

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Committee Strengthening legal education Sida - Upgrading law teachers’ knowledge on teaching

methods,- library development,¨ - improving project management and international relations

Hanoi and HCMC Law University and the Ministry of Education and Training

on going 2001-2005/02 Anette Dahlstrom at [email protected] or Mr. Vu Tuan Minh at [email protected] Malmberg at Hanoi Law [email protected] [email protected] Thi Hien at Hanoi Law University [email protected] Dong Tung at the Law University Ho Chi Minh [email protected]

Strengthening judicial training JICA Judicial training institutions become capable of developing high-caliber human resoureces

LPTS (MOJ)

On going July 2003 – June 2006

Mr. Morinaga, Taro [email protected] orMr. Sakakibara, Shinji [email protected]

Assistance to eduaction in Law Faculty of Vietnam National University

JICA Ditto VNU On going Ditto Ditto

Support to the Judicial Training School of SPCConstructing mock court and develop training material. Procurement of Vietnamese and international books for library

DANIDA

Strengthen the capacity of the court system to move towards greater independence for the courts

SPC Ongoing 2004 (2005) Mette [email protected]

Support to the capacity building in SPC inSPC in administrative law, court management and case management. Procurement of Vietnamese and international books

DANIDA

Strengthen the capacity of the court system to move towards greater independence for the courts

SPC Ongoing 2004 (2005) Mette [email protected]

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for library and translation of selected booksTraining in general judicial skills for prosecutors

DANIDA

Train prosecutors in international and comparative law

SPP Ongoing 2005 Mette [email protected]

Training in judicial skills for judges DANIDA

Increase independence of judiciary and their capacity in selected areas

SPC Ongoing 2005 Mette [email protected]

CIntensive training programs and workshops for government agencies and business leaders onduct 65 training and policy workshops on development of various legal documents;on BTA and WTO commitments and their implications for Vietnam

USAID/STAR

Increase awareness about the BTA/WTO, especially in IPR, transparency, investment, and trade in goods and services, and develop concensusconsensus and support for repsectiverespective legal changes.

NA/SPC/SPC/MOT/IAC/MOJ/OOG and others

On going 2002-2005 John Bentley at [email protected]

LAW INFORMATION AND DISSEMINATIONArea of support Donors Key objectives Key

government counterparts

Status Start-end dates

Contact persons

Support publication of court decisions USAID/STAR

Support for publication of one or two volumes of judicial decisions for the Supreme Judicial Council (Vietnam’s highest court decision making body) and continuing awareness raising workshops

SPC On going 20042 Dennis Zvinakis [email protected] John Bentley at [email protected]

Development of an Electronic Official Gazette

DANIDA/SCOG and USAID/STAR

Develop a Roadmap for Creating an Electronic Official Gazette electronic capability to publish laws and regulations on the internet, .

OOG On going 2003-2005 Dennis Zvinakis [email protected] John Bentley at [email protected]

Support enhanced transparency in legislative operations of the National Assembly

USAID/STAR

Support a research study and workshops by the ONA Center for Information.

ONA On going 2004 Dennis Zvinakis [email protected] Phan Vinh Quang atQuang.starvn@fpt,vn

Support online business forum for publishing draft regulations for comments by businesses

USAID/STAR

Support the dDevelopment of a website operated by VCCI for publishing draft legal documents for public comment.

VCCI On going 20045 Dennis [email protected] Phan Vinh Quang at

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Quang.starvn@fpt,vnSupport publication of 25 reference materials on BTA/WTO and related legal reforms and research on economic impact of the BTA

USAID/STAR

Raise awareness and build support for legal changes in BTA implementation and WTO accession and the economic impact of the BTA.

NA/SPC/SPC/MOT/IAC/MOJ and others

On going 2002-2005 Dennis [email protected] Mr. Steve Parker at [email protected] Phan Vinh Quang atQuang.starvn@fpt,vn

Support for the development of national legal database

UNDP - To better coordinate existing legal databases and make them available for public use.

MOJ - On going Sep. 2003 Luu Tien Dung at [email protected] or Katrine Pedersen at [email protected]

Strengthening legal information Sida - enhance capacity of MoJ’s staff in accessing legal information in the National Legal Database- strengthening legal dissemination- library development

Legal Research Institute, MoJ

on going 2001-2004/11 Anette Dahlstrom at [email protected] or Mr. Vu Tuan Minh [email protected]

Assistance in improving Judgments and compiling court precedents

JICA The quality of judgment documents is improved. SPC On going July 2003 – June 2006

Mr. Morinaga, Taro [email protected] orMr. Sakakibara, Shinji [email protected]

Support for IT networks DANIDA

To improve and expand the communication and information system

ONA, SPC, SPP

On-going 2004/2005 Mette [email protected]

Other areasStrengthening the skills of the MPs as representatives of the people

DANIDA

Improved general skill sets of MPs. Communication with voters, handling of claims and petition, policy analysis, debating and presentation skills and assessment of bills.

ONA On-going 2005 Anne-Dorte [email protected]

Abbreviations: UNDP: United Nations Development Programme;SIDA: Swedish International Development AgencyDANIDA: Danish International Development AgencyWB: World Bank

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JICA: Japanese International Cooperation AgencyCIDA: Canadian International Development AgencyADB: Asian Development BankEU: European UnionCEG Facility: SDC: Swiss Development CooperationUNODC: United Nations Office of Drug ControlNORAD: Norway Agency for DevelopmentSPC: Supreme People’s CourtONA: Office of National AssemblySPP: Supreme People’s ProcuracyMOJ: Ministry of JusticeMOT: Ministry of TradeMOFA: Ministry of Foreign AffairsLPTS: Legal Professional Training SchoolVNU: Viet Nam National UniversityVSB: Viet Nam State BankMOT: Ministry of TradeCIEM: Central Institute for Economic ManagementNA: National AssemblySI: State InspectorateIAC: Internal Affair Commission of the Central Executive Committee of the Communist Party of VietnamUSAID: U.S. Agency for International DevelopmentVLA: Vietnam Lawyer’s AssociationSSC: State Securities Commission, Ministry of FinanceCustoms: General Department of Customs, Ministry of Finance

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Members of the Legal Partnership Group

NO REPRESENTATIVES PARTNERS CONTACT NUMBER

1 Mr. Jordan Ryan, Resident Representative UNDP [email protected]

2 Ms. Kanni Wignaraja, Deputy Resident Representative (P) [email protected]

3 Mr. Jonas Lovkrona, Governance Advisor [email protected]

4 Mr. Luu Tien Dung, Programme Officer [email protected]

5 Ms. Katrine Pedersen [email protected]

6 Mr. Doris Buddenberg UNODC [email protected]

7 Mr. Troels Vester [email protected]

8 Mr. Klaus Rohland, Country Director WB

9 Mr. Soren Davidsen, Governance Specialist [email protected]

10 Mr. Ramesh Adhiakri – Principal Governance Specialist ADB [email protected]

11 Mr. Dao Viet Dung, Governance and Public sector Reform Specialist [email protected]

12 Mr. Jan-Olof Agrell, Minister for Development Cooperation Sweden

13 Ms. Annette Dahlstrom, [email protected]

14 Mr. Vu Tuan Minh, Programme Officer [email protected]

15 Dr. Lars Goran Malmberg, Project Coordinator

A SIDA funded Project [email protected]

16 Mr. Rolf Larsson, Leader of Sida Policy Dev Forum [email protected]

17 Mr. Phan Nguyen Toan, National Legal Expert [email protected]

18 Mr. FUJIWARA Hiroaki, Counselor Japan Embassy [email protected]

19 Mr. KIKUMORI Hiroshito, Second Secretary of Dev. Cooperation

20 Mr. Soma Atsushi, Deputy Resident Representative JICA Deputy Rep. [email protected]

21Mr. Morinaga, TaroJICA Legal Expert and Prosecution Attorney JICA experts

[email protected]

22Mr. Sakakibara, ShinjiJICA Legal Expert and Judge

[email protected]

23 Mr. Anders Jorgensen Counsellor (Development Cooperation) Danish Embassy [email protected]

24 Mette Jacobsgaard, Senior Legal Advisor DANIDA funded [email protected]

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NO REPRESENTATIVES PARTNERS CONTACT NUMBER

JOPSO, Danida Legal Reform Project (JOPSO)

25 Ms. Susanne Ravn, JOPSO, Danida [email protected]

26 Ms. Anne-Dorte Johansen, JOPSO, Danida [email protected]

27 Mr. Dean Frank Canadian Emb.,CIDA [email protected]

28 Ms. Vu Thi Yen, Programme Officer [email protected]

29 Mr. Michael McCabe, PIAP – CIDA CIDA funded ProjectS

[email protected]

30 Mr. Isabeau Vilandré, LERAP - CIDA [email protected]

31 Mr. Nghiem Thanh Tung LERAP – CIDA [email protected]

32 Ms. Pham Le Dung, Programme Assistant USAID USAID

[email protected]

33 Mr. Dennis Zvinakis: USAID Country Manager [email protected]

34 Mr. Hank Baker, STAR Vietnam, USAID STAR Project [email protected],

35 Mr. Steve Parker, STAR Vietnam, USAID [email protected],

36 Mr. John Bentley, STAR Vietnam, USAID [email protected]

37 Ms. Helle Weeke, STAR Vietnam, USAID [email protected]

38 Mr. Nguyen Quang Hung, STAR Vietnam, USAID   [email protected]

39 Ms. Sandra Henderson, Australian Embassy Australian Embassy [email protected]

40 Mr. Russell Miles, Focal AusAid [email protected]

41 Ms. Nguyen Thu Phuong, Senior Programme Officer [email protected]

42 Mr. Graham Alliband AusAid Funded CEG [email protected]

43 Mr. Fabien Dulphy, Maison du Droit Vietnamese-French House of Law [email protected]

44 Mr. Serge Durand, Maison du Droit [email protected]

45 Mr. Dao Minh Chau SDC [email protected]

46 Mr. Francisco Fontan Pardo, Deputy Head of Cooperation, EC Delegation EU

[email protected]

47 Mrs. Vu Thi Tuan Anh, Programme Officer, EC Delegation [email protected]

PUBLIC ADMINISTRATION REFORM

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General information

The Government has made great effort to promote Public Administration Reform (PAR) to facilitate sustainable economic growth and development, to make the Government machinery clean and to improve governance effectiveness and efficiency. During the past few months, PAR has been carried out according to the PAR Master Program 2001 – 2010, in a more systematic and active manner, and step-by-step been deepened. However, looking at the demand of the renovation process and for the socio-economic development, PAR has still been slow, inefficient and inconsistent.

I. Activities and results achieved

1. Institutional reform:

Results:

Obvious and positive results have been achieved in institutional reform. A number of important legal documents have been issued as follows:

- Law on Election to the People’s Council (amended and revised), December 2003- Law on Organization of the People’s Council and People’s Committee 2003- Law on State Owned Enterprises, December 2003- Decree No. 109/2004/ND-CP dated 2 April 2001 on business registration- Decree No. 112/2004/ND-CP dated 8 April 2004 on regulation on staff-sizing

management mechanism for State service delivery agencies.- Decision No. 137/2004/QD-TTg of the Prime Minister on approved orientations for

planning of the training and upgrading of cadres and civil servants working in communes, wards and townships towards 2010.

- Necessary documents for the implementation of the amended and revised Ordinance on Cadres and Civil Servants have been primarily issued. Circulars providing guidance for the implementation of 5 Decrees issued as a result of and for the rolling out of the said Ordinance have also been issued.

It should be noted that all these legal documents mentioned above have highlighted the spirit of reform for development and fine-tuning of the institutional framework to contribute to the renovation process and development of the socialist oriented market economy. Specifically, the guidelines and policy for the stepping up decentralization between the central and local governments have been clearly shown by the Law on State Budgets, the Land Law, the Law on Organization of the People’s Council and the People’s Committee, the Decree on Decentralized Staff Sizing Management for Administrative Agencies and Public Service Delivery Agencies; and separation of the State management function from public service delivery function has also been represented in the revised Ordinance on Cadres and Civil Servants.

The reform of administrative procedures has been carried on. Local Governments have combined the reform of administrative procedures with the introduction of the “one-stop-shop” mechanism. Most of provinces have “one-stop-shop” mechanism established up to the district level. As of March 2004, “one-stop-shop” mechanism has been set up in:

- 535 out of 1557 provincial departments (accounting for 34.36%)- 512 out of 659 district departments (accounting for 77.69%)- 851 out of 10751 communes (accounting for 7.91%)

Constraints:

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- A number of institutions on decentralization between central and local governments in specific areas of operation have yet to be established

- Administrative procedures have still been cumbersome and complicated.

2. Reform of Organizational Structuring of the Administrative Machinery:

Results:

- Functions, mandates of ministries and central agencies have been clarified and a number of overlaps and duplications have been cleared.

- Internal organizational structuring of ministries and sectors has been better rationalized and improved with separation of the organization structure of administrative agencies from that of public service delivery agencies.

- Organization structure of People’s Committees and their sub-ordinate units have been improved and re-arranged according to Decree No. 12/CP 2001 on organization machinery of District People’s Committee machinery and Government Regulation on Provincial People’s Committee machinery.

Constraints:

In the process formulation of Government Decrees on functions and organization of ministries, overlaps in functions, mandates have not been completely addressed; internal organization of a number of ministries have not been appropriate and consistent with tasks assigned. The task for modernization and computerization of the administration system has not been well implemented.

3. Building and developing the contingent of cadres and civil servants

Results:

- In the implementation of the Amended Ordinance on Cadres and Civil Servants and 5 associated Decrees, in the past time, a number of circulars have been issued on detailed regulations on the implementation of the decree on commune civil servants; on On-Reserve civil servants; recruitment, deployment and management of civil servants and employees in state service delivery agencies. In addition, the Prime Minister has approved training plan guidelines for commune civil servants by 2010.

- The Proposal for salary reform has been approved by the National Assembly (the 11 th Legislature) in its 4th Meeting Session and will be put into implementation from 2004. It is critical to develop and to introduce a separate system of salary scales and schedules for the public service delivery sector, and step by step separating and delineating those salary policies that affect administrative cadres and civil servants from those that affect cadres and employees working in the public service delivery agencies. Through the implementation of new salary policies, it is expected that work discipline and sense of responsibility will be strengthened and stepped up, and that self-governance and accountability of SOE’s and public service delivery agencies will be promoted.

- Training for civil servants has been strengthened in which training content and curriculums have been adjusted gradually to meet actual demands of performance.

Constraints

Even positive results have been attained in the development of civil servants, there have been constraints in quality of the implementation of activities to improve capacity of civil servants.

4. Reform of Public Finances

Results:

- In the implementation of the new Budget Law (December 2002), the new budgetary process has been put in place to increase the authority of local governments in making decision on budget

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allocation for various local levels, to highlight the autonomy and accountability of various local authorities. Transparency has been improved in the budget management process.

- Central and local agencies continuing to implement the Decision No. 192 of the Prime Minister on block grant. The block grant models has showed to be positive in improving effectiveness and efficiency in financial management, increasing autonomy, changing management formality, reducing pressure for upsizing, promoting savings, productivity and legitimate income for civil servants.

- Decree No. 10/2002/ND-CP of the Government on financial mechanism for income generating public service delivery agencies being implemented with a great number of positive outcomes. Through the implementation of the mechanism, autonomy has been increased for public service delivery agencies in re-arranging their organization structure, downsizing, saving promotion, and being more dynamic in handling their problems. In fact, it is one step to separate public service delivery agencies from administrative ones.

Constraints:

Though remarkable outcomes have been achieved in the reform of financial management, in general, the implementation of the Decree No. 192 has not been consistent, especially in central ministries and agencies. The implementation of Decree No. 10 has not been active at both central and local level.

5. Other activities:

(a) Steering and guiding PAR efforts:

The Government and the Prime Minister have paid close attention to the steering and guiding of PAR efforts, and considered PAR to be one of the six important groups of solutions, contributing to realization of national socio-economic development plans. However, PAR has been slow, inefficient and inconsistent, still failing to meet expectations of the people and requirements for socio-economic development. One of the causes rests with the steering and guiding of PAR implementation. In the recognition of the role and impact of this important function, the organization structure of the Government PAR Steering Committee has been improved and the operation of this Committee has been strengthened by clarifying its function, mandate, authority, not only advising but also directly assisting the Prime Minister in steering and guiding the implementation of PAR tasks, and reporting on the implementation of PAR to the monthly meeting of the Government.

In order to achieve better results, PAR should be combined with the fight against red-tape and corruption, to make the government machinery clean, strengthening discipline and order in the administration system together with the exercising democracy, increasing transparency in the operation of the State agencies. By doing that, we will make a great contribution to rolling back corruption, red tape and to making the government clean, improving the confidence of the people in the State.

In addition, the monitoring and supervision of PAR in ministries and provinces has been paid due attention by the Government PAR Steering Committee and seen as one of the most effective instruments to monitor and evaluate the PAR progresses. On the other hand, this activity also helps the Government Steering Committee for PAR to get feedback for timely and relevant adjustment in its PAR steering work.

(b) PAR advocacy as per Decision No. 178/TTg dated 3 September 2003 by the Prime Minister:

PAR advocacy through mass media has also been promoted and it is noted that the PAR Program on Vietnam Television every Monday Evening has been maintained regularly and providing essential information. In order to contribute to the effort to increase the awareness of the whole society on PAR, the MOHA and the Ho Chi Minh Central Youth Union recently have signed a cooperation program “The Youth as Shock Troops to Participate in PAR Efforts and Development of Civilized, Clean and Nice Work Places”, for the 2004 – 2005 period.

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II. Tasks for forthcoming months:

- To implement in consistence all the action-program identified in the PAR Master Program 2001 – 2010 according to the priorities of 2004;

- As a result of the election to the People’s Councils at all levels, the organization structure of local government should be promptly stabilized especially the grassroots level. To facilitate the process, the Government will issue the Decree on regulations on the subordinate agencies of district People’s Committees in order to distinguish the functions of local authorities in urban and rural areas reflecting the conditions of each geographical area.

- To formulate and approve the proposal on Decentralization from Central to Local Government;- To issue regulations on the implementation of the full autonomy mechanism for public service

delivery agencies – completely changing from the life-time recruitment mechanism to the contracting system for public employees working in public service delivery agencies;

- To improve the quality of civil servants with the focus on those working in the administrative agencies from central to local governments;

- To prepare for the implementation of the “one-stop-shop” mechanism at the commune level from 1 January 2005;

- To organize the National Conference to review the implementation of PAR in the past 3 years in accordance with the PAR Master Program for the 2001 – 2010 Period;

- To reform further in-depth administrative procedures in selected areas and to carry out an overall review of administrative procedures in all ministries and provinces;

- To promote the advocacy for PAR on the basis of the review of the Decision No. 178 of the Prime Minister on the PAR Master Program Advocacy Strategy.

PAR PARTNERSHIP

The PAR Partnership was officially established in June 2003. It is truly new approach to highlight the partnership. After one year of establishment, considerable progresses have been made in information sharing and exchange between the Government and the donor community, contributing to overcome difficulties caused by the isolation of PAR projects and the lack of information updated for the donor community on PAR progresses. The combination of the PAR Project Review Meeting and the PAR Partnership meeting was started in November 2003. It was an essential improvement because the meeting can involve all stakeholders: the donor community, foreign embassies, PAR project representatives and Government coordinating agencies. Through the operation of the PAR Partnership the quality of information shared and the way to organize and conduct semi-annual PAR Projects Review Meetings have been obviously improved.

Activities carried out in the past few months:

- The operation of the PSF after some time has shown the flexibility and timeliness has been officially recognized as an open Fund during the lifetime of the Project VIE/01/024. Recently, the Switzerland Development and Cooperation Agency (SDC) and CIDA of Canada have released an amount of US$ 120,000 as a direct contribution to the on-going PAR Project of Ho Chi Minh City.

- Information sharing through e-mail has been promoted. The active and efficient contribution by the donor community and PAR projects to the discussion topics of the PAR project Review Meeting and PAR Partnership Forum this time has been significantly improved.

- A working group consisting of representatives of Government coordinating agencies (MPI, MOHA, MOF) and representatives of 4 donor agencies (Swedish Embassy, Denmark, Norway and Switzerland) has conducted a study and review to share and replicate experiences of the “one-stop-shop” mechanism on land certificate granting experimented in the PAR Project in Quang Tri to 4 central provinces. It is one of the effective partnership activities that should be promoted in the forthcoming time.

- The Asian Development Bank (ADB) has assisted the MOHA to organize a number of workshop and meeting to support the salary reform and civil service management. The ADB has also assisted the translation and publishing of the book entitled: “To serve and to Preserve: Improving

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the Public Administration in a Competitive World”, which has been highly appreciated by administrators, managers and PAR practitioners.

- The SDC has assisted a number of provinces to replicate the “one-stop-shop”. These activities were essential and timely to contribute to the implementation of the Decision 181 on the nation-wide implementation of the “one-stop-shop” mechanism.

- The first ever report card survey on service delivery is being piloted in the five urban sites of Ho Chi Minh City, Danang, Dong Hoi, Nam Dinh and Hai Phong. The report card survey focuses on the following service sectors: administrative service, health, education, garbage collection and water delivery. The report card survey is commissioned by the Ministry of Home Affairs and supported by the World Bank and SDC. It signals a stronger focus on performance management and service delivery outcome. The report card survey is expected to enhance transparency and accountability, to generate user feedback on specific services, to facilitate comparison across units, and to foster a dialogue on practical problem solving in service delivery.

- The public expenditure review is conducted by the Ministry of Finance and supported by the World Bank and the like-minded donors. The review will analyze the incidence of spending, particularly at the provincial level and lower levels.

New PAR projects and new Phases of on-going PAR projects being on the pipe-line or have been signed:

- The project “Strengthening capacity of financial analysis” of the Ministry of Finance funded by UNDP and signed in December 2003;

- The project “Strengthening capacity of commune authorities” of Cao Bang Province funded by Helvetas – Switzerland which has been signed and put into implementation since early 2004;

- The Project on “Rural Development” Phase 2 with the component of institutional development for Thua Thien Hue Province funded by the Government of Finland was signed in April 2004;

- The PAR Project for Ninh Binh Province Phase 2, to be funded by the Norwegian Government, in the process of finalization of the project document;

- The PAR Project for Dak Lak Province Phase 2 funded by DANIDA now in the process of completion of all procedures and preparatory work for its signing ceremony;

- The PAR Project for Quang Tri Province Phase 2 funded by SIDA now in the process of preparation of the project document;

- The SIDA is working with the MOHA to prepare a new project to support MOHA and selected provinces in personnel management.

SUPPORTING THE IMPLEMENTATION OF THE COMPREHENSIVE POVERTY REDUCTION AND GROWTH STRATEGY (CPRGS).

The World Bank in coordination with a number of donors is finalizing details of the project to provide credits to support poverty reduction stage 3 for the Government of Vietnam.

Some projects such as the SDC-funded project for Nam Dinh, the GTZ-funded PAR project for the forestry sector, and the BTC (of Belgium)-funded PAR project for Can Tho City and Hau Giang Province have carried out activities linking PAR with HEPR efforts.

GOOD PRACTICES OF PAR PROJECTS THAT NEED TO BE SUPPORTED FOR REPLICATION OR FURTHER STUDIED FOR REPLICATION

Following is the list of good practices developed or experimented by PAR projects. These practices are recommended to the donor community and projects for replication or further consideration for improvement.

- ISO 9000:2000-based quality management of Ho Chi Minh City may be replicated, firstly to provinces and cities with similar conditions as Ho Chi Minh City. There might be the possibility

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to develop the set of standards applied particularly for Vietnamese administrative and public service delivery agencies;

- Block grant and block staffing practices for administrative agencies in Ho Chi Minh City should be reviewed and documented as an exemplary model;

- Land allocation and certificate granting experiences applying the “one-stop-shop” in Quang Tri should be documented and published as a good practice to facilitate the model replication in other provinces;

- Experiences of Hai Phong City in socialization of public service delivery, particularly in waste collection should be studied and improved for replication to other provinces;

- New experiences in budget planning experimented in Hai Phong and Dak Lak with the support of the Ministry of Finance should be further studied for replication;

- The training manual for commune officials, particularly for People’s Council members piloted in Ninh Binh Province should be further experimented in other localities;

- Job description piloted in Nho Quan District, Ninh Binh Province should be further studied and finalized;

- The training materials for courses on “Organization and Methodologies”, “Methodologies in Administrative Analysis”, and “Job Descriptions” introduced by the SIDA-MOHA Project and successfully experimented in the provinces of Bac Ninh, Ninh Binh and Nam Dinh should be finalized, published and promoted;

- Procedures on PAR planning in the Ministry of Agriculture and Rural Development and the Master Program for IT in MARD should be further studied and promoted as a good example;

- The Personnel Management Information System (PMIS) of the SIDA-MOHA Project should be improved and integrated into the Program 112.

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