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BỘ NGOẠI GIAO
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CỘNG HÒA XÃ HỘI
CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số:
16/2020/TB-LPQT
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Hà Nội, ngày 04
tháng 3 năm 2020
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THÔNG BÁO
VỀ
VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Điều 56 của Luật
Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:
Hiệp định viện trợ (Các nghiệp vụ đặc biệt) cho
Chương trình Đầu tư Phát triển mạng lưới y tế cơ sở vùng khó khăn giữa Cộng hòa
xã hội chủ nghĩa Việt Nam và Ngân hàng Phát triển châu Á, số viện trợ 0636-VIE
(SF), ký tại Hà Nội, ngày 06 tháng 8 năm 2019, có hiệu lực từ ngày 04 tháng
02 năm 2020.
Bộ Ngoại giao trân trọng gửi bản sao Hiệp định theo
quy định tại Điều 59 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Nguyễn Văn Ngự
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GRANT NUMBER 0636-VIE(SF)
GRANT
AGREEMENT
(Special Operations)
(Local Health
Care for Disadvantaged Areas Sector Development Program)
BETWEEN SOCIALIST
REPUBLIC OF VIET NAM AND ASIAN DEVELOPMENT BANK
DATED 6 AUGUST 2019
GRANT AGREEMENT
(Special Operations)
GRANT AGREEMENT dated 6 August 2019 between
SOCIALIST REPUBLIC OF VIET NAM (“Recipient”) and ASIAN DEVELOPMENT BANK
(“ADB”).
WHEREAS
(A) by a loan agreement of even date herewith
between the Recipient and ADB (“Program Loan Agreement”), ADB has agreed to
provide to the Recipient a loan from its ordinary capital resources equivalent
to eighty-eight million six hundred thousand Dollars ($88,600,000) in support
of the Recipient's Local Health Care for Disadvantaged Areas Sector Development
Program as described in paragraph 1 of the Schedule 1 to the Program Loan
Agreement (“Program”);
(B) in support of the Program, the Recipient has
applied to ADB for a grant for the purposes of the Project described in
Schedule 1 to this Grant Agreement (“Project”); and
(C) ADB has agreed to make a grant to the Recipient
from ADB’s Special Funds resources upon the terms and conditions set forth
herein;
NOW THEREFORE the parties agree as follows:
ARTICLE
I
Grant
Regulations; Definitions
Section 1.01. All provisions of ADB's Special
Operations Grant Regulations, dated 1 January 2017 (“Grant Regulations”), are
hereby made applicable to this Grant Agreement with the same force and effect
as if they were fully set forth herein.
Section 1.02. Wherever used in this Grant
Agreement, the several terms defined in the Grant Regulations have the
respective meanings therein set forth unless modified herein or the context
otherwise requires. Additional terms used in this Grant Agreement have the
following meanings:
(a) “BHSP” means the basic health service package
as described in the PAM;
(b) “Consulting Services” means consulting services
as described in the Procurement Regulations and set out in the Procurement
Plan, and to be financed out of the proceeds of the Grant;
(c) “DHCs” means district health centers as
described in the PAM;
(d) “EA” or “Project Executing Agency” means MOH or
any successor thereto acceptable to ADB, which is responsible for carrying out
of the Project;
(e) “EMDP” means the ethnic minority development
plan for the Project, including any updates thereto, prepared and submitted by
the EA and cleared by ADB;
(f) "GAP" means the gender action plan
prepared for the Project, including any update thereto, and agreed to between
the EA and ADB;
(g) “Goods” means equipment and materials as set
out in the Procurement Plan and to be financed out of the proceeds of the
Grant, including any related Nonconsulting Services such as transportation,
insurance, installation, commissioning, training, and initial maintenance;
(h) “Indigenous Peoples Safeguards” means the
principles and requirements set forth in Chapter V, Appendix 3 and Appendix 4
(as applicable) of the SPS;
(i) “Loan Disbursement Handbook” means ADB’s Loan
Disbursement Handbook (2017, as amended from time to time);
(j) “MOH" means the Ministry of Health of the
Recipient or any successor thereto;
(k) “Nonconsulting Services” means nonconsulting
services as described in the Procurement Regulations and set out in the
Procurement Plan, and to be financed out of the proceeds of the Grant;
(l) “PAM” means the project administration manual
for the Project dated 13 November 2018 and agreed between the Recipient,
through MOH, and ADB, as updated from time to time in accordance with the
respective administrative procedures of the Recipient and ADB;
(m) “Procurement Plan” means the procurement plan
for the Project dated 13 November 2018 and agreed between the Recipient,
through MOH, and ADB, as updated from time to time in accordance with the
Procurement Policy, the Procurement Regulations, and other arrangements agreed
with ADB;
(n) “Procurement Policy” means: ADB’S Procurement Policy
- Goods, Works, Nonconsulting and Consulting Services (2017, as amended from
time to time);
(o) “Procurement Regulations”means ADB’s
Procurement Regulations for ADB Borrowers - Goods, Works, Nonconsulting and
Consulting Services (2017, as amended from time to time);
(p) “Safeguard Monitoring Report” means each report
prepared and submitted by the EA to ADB that describes progress with
implementation of and compliance with the EMDP, including any corrective and
preventative actions;
(q) “Services” means Consulting Services and
Nonconsulting Services; and
(r) "SPS" means ADB’s Safeguard Policy
Statement (2009).
ARTICLE
II
The
Grant
Section 2.01. ADB agrees to make available to the
Recipient from ADB's Special Funds resources an amount of twelve million Dollars
($12,000,000).
ARTICLE
III
Use
of Proceeds of the Grant
Section 3.01. The Recipient shall cause the
proceeds of the Grant to be applied exclusively to the financing of
expenditures on the Project in accordance with the provisions of this Grant
Agreement.
Section 3.02. The proceeds of the Grant shall be
allocated and
withdrawn in accordance with the provisions of
Schedule 2 to this Grant Agreement, as such Schedule may be amended from time
to time by agreement between the Recipient and ADB.
Section 3.03. Except as ADB may otherwise agree,
the Recipient shall procure, or cause to be procured, the items of expenditure
to be financed out of the proceeds of the Grant in accordance with the
provisions of Schedule 3 to this Grant Agreement.
Section 3.04. Withdrawals from the Grant Account in
respect of Goods and Services shall be made only on account of expenditures
relating to:
(a) Goods which are produced in and supplied from
and Services which are supplied from such member countries of ADB as shall have
been specified by ADB from time to time as eligible sources for procurement;
and
(b) Goods and Services which meet such other
eligibility requirements as shall have been specified by ADD from time to time.
Section 3.05. The Grant Closing Date for the purposes
of Section 8.02 of the Grant Regulations shall be 30 September 2025 or such
other date as may from time to time be agreed between the Recipient and ADB.
ARTICLE
IV
Particular
Covenants
Section 4.01. In the carrying out of the Project
and operation of the Project facilities, the Recipient, through MOH, shall
perform, or cause to be performed, all obligations set forth in Schedule 3 to
this Grant Agreement.
Section 4.02. (a) The Recipient, through MOH, shall
(i) maintain or cause to be maintained, separate accounts and records for the
Project; (ii) have such accounts and related financial statements audited
annually, in accordance with appropriate auditing standards consistently
applied, by independent auditors whose qualifications, experience and terms of reference
are acceptable to ADB; (iii) furnish to ADB, as soon as available but in any
event not later than 6 months after the end of each related fiscal year,
certified copies of such audited accounts and financial statements and the
report of the auditors relating thereto (including the auditors’ opinion on the
use of the Grant proceeds, the advance account and SOE procedures), all in the
English language; and (iv) furnish to ADB such other information concerning
such accounts and financial statements and the audit thereof as ADB shall from
time to time reasonably request.
(b) ADB shall disclose the annual audited financial
statements for the Project and the opinion of the auditors on the financial
statements within 14 days of the date of ADB's confirmation of their
acceptability by posting them on ADB's website.
(c) The Recipient, through MOH, shall enable ADB,
upon ADB’s request, to discuss the financial statements for the Project and the
Recipient's financial affairs where they relate to the Project with the
auditors appointed pursuant to subparagraph (a) hereabove, and shall authorize
and require any representative of such auditors to participate in any such
discussions requested by ADB. This is provided that such discussions shall be
conducted only in the presence of an authorized officer of the Recipient unless
the Recipient shall otherwise agree.
Section 4.03. The Recipient, through MOH, shall
enable ADB's representatives to inspect the Project, the Goods and Services,
and any relevant records and documents.
ARTICLE
V
Suspension
Section 5.01. The following is specified as an
additional event for
suspension of the right of the Recipient to make withdrawals
from the Grant Account for the purposes of Section 8.01(k) of the Grant
Regulations: the Recipient shall have failed to perform any of its obligations
under the Program Loan Agreement.
ARTICLE
VI
Effectiveness
Section 6-01. The following is specified as an
additional condition to the effectiveness of this Grant Agreement for the
purposes of Section 9.01(e) of the Grant Regulations: the Program Loan
Agreement shall have been duly executed and delivered on behalf of, and shall
have become legally binding upon, the Recipient, and all conditions precedent
to its effectiveness (other than a condition requiring the effectiveness of
this Grant Agreement) shall have been fulfilled.
Section 6.02. A date 90 days after the date of this
Grant Agreement is specified for the effectiveness of this Grant Agreement for
the purposes of Section 9.04 of the Grant Regulations.
ARTICLE
VII
Miscellaneous
Section 7.01, The Minister of Finance of the
Recipient is designated as representative of the Recipient for the purposes of
Section 11.02 of the Grant Regulations.
Section 7.02. The following addresses are specified
for the purposes of Section 11.01 of the Grant Regulations:
For the Recipient
Ministry of Finance
No. 28 Tran Hung Dao Street
Hoan Kiem District
Ha Noi, Viet Nam
Facsimile Number:
(84-24) 2220-8020
For ADB
Asian Development Bank
6 ADB Avenue
Mandaluyong City
1550 Metro Manila
Philippines
Facsimile Numbers:
(632) 636-2444
(632) 636-2305.
IN WITNESS WHEREOF the parties hereto, acting
through their representatives thereunto duly authorized, have caused this Grant
Agreement to be signed in their respective names as of the day and year first
above written and to be delivered at the principal office of ADB.
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SOCIALIST
REPUBLIC OF VIET NAM
TRAN XUAN HA
Deputy Minister
Ministry of Finance
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ASIA
DEVELOPMENT BANK
ERIC SIDGWICK
Country Director
Viet Nam Resident Mission
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SCHEDULE
1
Description of the Project
1. The objective of the Project is to improve the
quality of and access to local health care services for women and men in
disadvantaged and remote areas of the Recipient.
2. The Project shall support the Program's reform
areas in six target provinces (Tuyen Quang, Phu Tho, Dak Nong, Gia Lai, Quang
Nam and Soc Trang) and shall comprise:
Component 1: Strengthening Equipment Management
for Local Health Care facilities at district level
(a) equipping DHCs with preventive and curative
functions to deliver health services;
(b) equipping DHCs which operate centralized
testing units to meet quality and biosafety standards; and
(c) equipping DHCs to meet the service delivery
requirements of the family medicine model.
Component 2: Improving implementation of Service
Models for the Local Health Care Network
(a) piloting implementing service models for
disease surveillance and response, primary health care, family medicine
principles; and
(b) conducting health information, education and
communication campaigns on improved service models.
Component 3: Strengthening the Local Health Care
Workforce Financing, Management and Development
(a) assessing local health care human resources
capacity for health security functions, family medicine, and service
management;
(b) providing recommendations for further policy
reforms for local health care delivery; and
(c) delivering the training program on family
medicine; and implementing trainings addressing health security, and service
management capacity gaps.
3. The Project is expected to be completed by 31
March 2025.
SCHEDULE
2
Allocation and Withdrawal of Grant Proceeds
General
1. The table attached to this Schedule sets forth
the Categories of items of expenditure to be financed out of the proceeds of
the Grant and the allocation of the Grant proceeds to each such Category (“Table”).
(Reference to “Category” in this Schedule is to a Category or Subcategory of
the Table.)
Basis for Withdrawal from the Grant Account
2. Except as ADB may otherwise agree, the proceeds
of the Grant shall be allocated to items of expenditure, and disbursed on the
basis of the withdrawal percentage for each item of expenditure, as set forth
in the Table.
Reallocation
3. Notwithstanding the allocation of Grant proceeds
and the withdrawal percentages set forth in the Table,
(a) if the amount of the Grant allocated to any
Category appears to be insufficient to finance all agreed expenditures in that
Category, ADB may, in consultation with the Recipient, (i) reallocate to such
Category, to the extent required to meet the estimated shortfall, amounts of
the Grant which have been allocated to another Category but, in the opinion of
ADB, are not needed to meet other expenditures, and (ii) if such reallocation
cannot fully meet the estimated shortfall, reduce the withdrawal percentage
applicable to such expenditures in order that further withdrawals under such
Category may continue until all expenditures thereunder shall have been made;
and
(b) if the amount of the Grant allocated to any
Category appears to exceed all agreed expenditures in that Category, ADB may,
in consultation with the Recipient, reallocate such excess amount to any other
Category.
Disbursement Procedures
4. Except as ADB may otherwise agree, the Grant
proceeds shall be disbursed in accordance with the Loan Disbursement Handbook.
Attachment to Schedule
2
TABLE
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ALLOCATION AND
WITHDRAWAL OF GRANT PROCEEDS
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Number
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Item
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Total Amount Allocated for ADB Financing ($)
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Basis for Withdrawal from the Grant Account
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Category
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1
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Equipment
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6,694,905
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100% of total expenditure claimed
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2
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Trainings and workshops
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1,679,871
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100% of total expenditure claimed
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3
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Local health care
system development
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2,544,409
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100% of total expenditure claimed
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4
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Consulting Services
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351,557
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100% of total expenditure claimed
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5
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Project management
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729,258
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100% of total expenditure claimed
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TOTAL
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12,000,000
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SCHEDULE
3
Execution of Project; Financial Matters
Implementation Arrangements
1. The Recipient and the EA shall ensure that the
Project is implemented in accordance with the detailed arrangements set forth
in the PAM. Any subsequent change to the PAM shall become effective only after
approval of such change by the Recipient and ADB. In the event of any
discrepancy between the PAM and this Grant Agreement, the provisions of this
Grant Agreement shall prevail.
Procurement
2. The Recipient shall, and shall cause the EA to,
ensure that:
(a) the procurement of Goods and Services is carried
out in accordance with the Procurement Policy and the Procurement Regulations;
(b) Goods and Services will be procured based on
the detailed arrangements set forth in the Procurement Plan, including the
procurement and selection methods, the type of bidding documents, and ADB's
review requirements. The Recipient shall, and shall cause the EA to, modify the
detailed arrangements set forth in the Procurement Plan only with the prior
agreement of ADB, and such modifications must be set out in updates to the Procurement
Plan; and
(c) (i) all Goods procured and Services obtained
(including all computer hardware, software and systems, whether separately
procured or incorporated within other goods and services procured) do not
violate or infringe any industrial property or intellectual property right or
claim of any third party; and (ii) all contracts for the procurement of Goods
and Services contain appropriate representations, warranties and, if
appropriate, indemnities from the contractor, supplier, consultant or service
provider with respect to the matters referred to in this subparagraph.
Medical and IT Equipment
3. The Recipient shall, and shall cause the EA to,
ensure that prior to preparing the relevant bidding documents, the EA has
finalized an assessment of medical and IT equipment lists for each district
hospital nominated to receive equipment under the Project by taking into
account the needs of such district hospital and its existing inventory of
equipment. The Recipient shall, and shall cause the EA to, ensure that the EA
receives from each of the district hospitals receiving new equipment under tile
Project, an assurance that a suitable increase in the annual allocation for
operations and maintenance budget of medial end IT equipment will be made in order
to support the increase in equipment inventory under the Project.
Health Facility Waste Management
4. The Recipient shall, and shall cause the EA to,
ensure that health facility waste management in health facilities supported
under the Project (in particular, disposal of hazardous waste) is carried out
in accordance with health care waste management guidelines developed by the EA,
end that adequate budget, training and supplies are provided under the Project
to do so.
Project Budget & Counterpart Support
5. The Recipient shall, and shall cause the EA to,
ensure (i) adequate budgetary and human resources are made available to each of
the Project provincial health bureaus to ensure mainstreaming of Project
activities into the annual operations plans and budgets of such provincial
health bureaus, and (ii) the provision of all necessary counterpart funds. In
addition, the Recipient shall ensure that the EA has sufficient funds to
satisfy its liabilities arising from any Goods and Services under the Project.
6. The Recipient shall, and shall cause the EA to,
ensure that each Project provincial health bureau submits to the EA, their
respective annual operational plans and budgets for the health sector,
including the annual work plans and budgets for the Project, in each case based
on the format to be agreed between the concerned parties. The EA shall inform
ADB of the approval of such annual plans. In particular, the annual operations
plans for the Project will include plans and budgets for implementation of the EMDP.
Safeguards
7. The Recipient shall, and shall cause the EA to,
ensure that the Project has only minimal or no environmental impact, does not
have any involuntary resettlement or any adverse ethnic peoples impact, all
within the meaning of the SPS. In the event that the Project does have any such
impact, or in the case of environment it results in more than a minimal impact,
the Recipient shall, and shall cause the EA to, take all steps required to
ensure that the Project complies with the applicable laws and regulations of
the Recipient and with the SPS.
8. The Recipient shall, and shall cause the EA to,
ensure that the preparation, design, implementation and operation of the
project complies with (a) all applicable local laws and regulations relating to
indigenous peoples; (b) the indigenous Peoples Safeguards set out in the SPS;
and (c) all measures and requirements set forth in the EMDP, and any corrective
or preventative actions set forth in a Safeguard Monitoring Report.
Human and Financial Resources to implement
Safeguards Requirements
9. The Recipient shall, and shall cause the EA to,
make available necessary budgetary and human resources to fully implement the
EMDP.
Safeguards Monitoring and Reporting
10. The Recipient shall, and shall cause the EA to:
(a) submit semi-annual Safeguards Monitoring
Reports to ADB and disclose relevant information from such reports to effected
persons promptly upon submission;
(b) if any unanticipated environmental and/or social
risks and impacts arise during implementation or operation of the project that
were not considered in the EMDP, promptly inform ADB of the occurrence of such
risks or impacts, with detailed description of the event and proposed
corrective action plan; and
(c) report any actual or potential breach of
compliance with the measures and requirements set forth in the EMDP promptly
after becoming aware of the breach.
Prohibited List of investments
11. The Recipient shall, and shall cause the EA to,
ensure that no proceeds of the Grant is used to finance any activity included
in the list of prohibited investment activities provided in Appendix 5 of the
SPS.
Gender and Development
12. The Recipient shall, and shall cause the EA to,
ensure that (a) the GAP is implemented in accordance with its terms; (b) the
bidding documents and contracts include relevant provisions for contractors to
comply with the measures set forth in the GAP;
(c) adequate resources are allocated for
implementation of the GAP; and (d) progress on implementation of the GAP,
including progress toward achieving key gender outcome and output targets, are
regularly monitored and reported to ADB.
Financial Management
13. The Recipient shall, and shall cause the EA to,
ensure that a sound financial management system is in place during Project
implementation. In particular, the Recipient shall, and shall cause the EA to,
within six months of the Effective Date: (i) prepare a manual and guidelines on
financial management and procurement; (ii) carry out staff training on ADB's
procedures for financial management, procurement and the use of such manual;
and (iii) ensure the implementation of such financial management system.
Governance and Anticomiption
14. The Recipient shall, and shall cause the EA to,
(i) comply with ADB’s Anticorruption and Integrity Policy (1998, as amended to
date) and acknowledge that ADB reserves the right to investigate directly, or
through its agents, any alleged corrupt, fraudulent, collusive or coercive
practice relating to the project; and (ii) cooperate with any such
investigation and extend all necessary assistance for satisfactory completion
of such investigation.
15. The Recipient shall, and shall cause the EA to,
ensure that the anticorruption provisions acceptable to ADB are included in all
bidding documents and contracts, including provisions specifying the right of
ADB to audit and examine the records and accounts of the EA and all
contractors, suppliers, consultants, and other service providers as they relate
to the project