|
BỘ NGOẠI GIAO
-------
|
CỘNG HÒA XÃ HỘI
CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
---------------
|
|
Số:
46/2015/TB-LPQT
|
Hà Nội, ngày 22
tháng 9 năm 2015
|
THÔNG BÁO
VỀ
VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định của Luật Ký kết, gia nhập và thực
hiện điều ước quốc tế năm 2005, Bộ Ngoại giao trân trọng thông báo:
Công hàm trao đổi giữa Chính phủ nước Cộng hòa
xã hội chủ nghĩa Việt Nam và Chính phủ Nhật Bản về việc Chính phủ Nhật Bản cung
cấp khoản ODA vốn vay cho Chính phủ Việt Nam tài khóa 2014 cho 06 chương
trình/dự án với tổng giá trị 97.414 tỷ Yên, ký tại Hà Nội ngày 31 tháng 3
năm 2015, có hiệu lực kể từ ngày 31 tháng 3 năm 2015.
Bộ Ngoại giao trân trọng gửi bản sao Công hàm theo
quy định tại Điều 68 của Luật nêu trên./.
|
|
TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Lê Đức Hạnh
|
|
EMBASSY OF
JAPAN
HANOI
|
|
|
|
Hanoi March 31,
2015
|
Excellency,
I have the honour to confirm the following understanding
recently reached between the representatives of the Government of Japan and of
the Government of the Socialist Republic of Viet Nam concerning a Japanese loan
to be extended with a view to promoting the economic stabilization and
development efforts of the Socialist Republic of Viet Nam:
1. A loan in Japanese yen up to the amount of
ninety- seven billion four hundred and fourteen million yen (¥97,414,000,000)
(hereinafter referred to as “the Loan”) will be extended, in accordance with
the relevant laws and regulations of Japan, to the Government of the Socialist
Republic of Viet Nam by the Japan International Cooperation Agency (hereinafter
referred to as “JICA”) for the purpose of implementing the projects enumerated
in Column 1 of the Annex attached hereto (hereinafter referred to as “the
Projects”) according to the allocation for each project as specified in Column
2 of the Annex attached hereto.
2. (1) The Loan will be made available by loan
agreements to be concluded between the Government of the Socialist Republic of
Viet Nam and JICA. The terms and conditions of the Loan as well as the
procedures for its utilization will be governed by the said loan agreements,
within the scope of the present understanding, which will contain, inter
alia, the rate of interest, the repayment period and the disbursement
period enumerated respectively in Columns 3, 4 and 5 of the Annex attached
hereto.
(2) The loan agreements mentioned in sub-paragraph
(1) above will be concluded after JICA is satisfied with the feasibility of the
Projects, including environmental consideration,
His Excellency
Mr. Bui Quang Vinh
Minister of Planning and Investment
of the Socialist Republic of Viet Nam
(3) The respective disbursement periods enumerated
in Column 5 of the Annex attached hereto may be extended with the consent of
the authorities concerned of the two Governments.
3. (1) The Loan will be made available to cover
payments to be made by the Vietnamese executing agencies to suppliers,
contractors and/or consultants of eligible source countries under such
contracts as may be entered into between them for purchases of products and/or
services required for the implementation of the Projects, provided that such
purchases are made in such eligible source countries for products produced in
and/or services supplied from those countries.
(2) The scope of eligible source countries
mentioned in sub-paragraph (1) above shall be agreed upon between the
authorities concerned of the two Governments.
(3) A part of the Loan may be used to cover
eligible local currency requirements for the implementation of the Projects.
4. The Government of the Socialist Republic of Viet
Nam shall ensure that the products and/or services mentioned in sub-paragraph
(1) of paragraph 3 are procured in accordance with the guidelines for
procurement of JICA, which set forth, inter alia, the procedures
of international competitive bidding to be followed except where such
procedures are inapplicable or inappropriate.
5. With regard to the shipping and marine insurance
of the products purchased under the Loan, the Government of the Socialist
Republic of Viet Nam shall refrain from imposing any restrictions that may
hinder fair and free competition among the shipping and marine insurance
companies.
6. Japanese nationals whose services may be
required in the Socialist Republic of Viet Nam in connection with the supply of
the products and/or services mentioned in sub-paragraph (1) of paragraph 3
shall be accorded such facilities as may be necessary for their entry into the
Socialist Republic of Viet Nam and stay therein for the performance of their
work.
7. The Government of the Socialist Republic of Viet
Nam shall exempt:
(a) JICA from ail fiscal levies and taxes imposed in
the Socialist Republic of Viet Nan on and/or in connection with the Loan as
well as interest accruing therefrom; and
(b) Japanese companies operating as suppliers,
contractors and/or consultants from all duties and related fiscal charges
imposed in the Socialist Republic of Viet Nam with respect to the import and
re-export of their own materials and equipment needed for the implementation of
the Projects.
8. The Government of the Socialist Republic of Viet
Nam shall take necessary measures to:
(a) ensure that the Loan be used properly and
exclusively for the Projects;
(b) ensure and maintain the safety of persons
engaged in the implementation of the Projects and of the general public of the
Socialist Republic of Viet Nam in constructing the facilities under the Loan
and in using such facilities; and
(c) ensure that the facilities constructed under
the Loan be maintained and used properly and effectively for the purpose
prescribed in the present understanding.
9. While ensuring fair treatment of sources of information
and data, the Government of the Socialist Republic of Viet Nam shall, upon
request, furnish the Government of Japan and JICA with:
(a) information and data concerning the progress of
the implementation of the Projects; and
(b) any other information, including information on
corrupt practice, related to the Projects.
10. The two Governments shall consult with each
other with respect to any matter that may arise from or in connection with the
present understanding.
11. The Annex attached hereto shall form an
integral part of the present Note.
I have further the honour to propose that this Note
and Your Excellency’s Note in reply confirming on behalf of the Government of
the Socialist Republic of Viet Nam the foregoing understanding shall constitute
an agreement between the two Governments, which shall enter into force on the
date of Your Excellency’s Note in reply.
I avail myself of this opportunity to renew to Your
Excellency the assurance of my highest consideration.
|
|
Hiroshi Fukada
Ambassador Extraordinary
And Plenipotentiary of Janpa
to the Socialist Republic of Viet Nam
|
Column 1
|
Column 2
|
|
Column 3
|
Column 4
|
Column 5
|
|
Project
|
Maximum amount
|
|
Rate of interest
|
Repayment period
|
Disbursement period
(after the effective date of the loan agreement)
|
|
1. Thai Binh Thermal Power Plant and Transmission
Lines Construction Project (III)
|
9,873 million Yen
|
|
1.4%
|
twenty (20) years
after the grace period of ten (10) years
|
eight (8) years
|
|
The part concerning payments to consultants
|
0.01%
|
|
2. North-South Expressway Construction Project
(Ben Luc - Long Thanh Section) (II)
|
31,328 million Yen
|
|
0.1%
|
thirty (30) years
after the grace period of ten (10) years
|
nine (9) years
|
|
The part: concerning payments to consultants
|
0.01%
|
|
3. Second Power Transmission and Distribution
Network Development Project
|
29,786 million Yen
|
|
1.4%
|
twenty (20) years
after the grace period of ten (10) years
|
seven (7) years
|
|
4. Ha Long City Water Environment Improvement
Project (Engineering Services)
|
1,061 million Yen
|
The part concerning payments to consultants
|
0.01%
|
thirty (30) years
after the grace period of ten (10) years
|
six (6) years
|
|
5. Dong Nai Province Water Infrastructure
Construction Project
|
14,910 million Yen
|
|
1,4%
|
twenty (20) years
after the grace period of ten (10) years
|
ten (10) years
|
|
The part concerning payments to consultants
|
0.01%
|
|
6. Can Tho University Improvement Project
|
10,456 million Yen
|
|
0.3%
|
thirty (30) years
after the grace period of ten (10) years
|
ten (10) years
|
|
The part concerning payments to consultants
|
0.01%
|
|
|
|
|
|
|
|
Total amount: 97,414 million
Yen
3. With regard to paragraph 3 of Japanese Note
Verbale and Vietnamese Note Verbale mentioned in paragraph 1 above, it was a
share view of the two Delegations that:
(a) any services provided by a company of a country
or region other than Japan which form a joint venture with a Japanese company
will not be regarded as services provided by a Japanese company; and
(b) services provided by a subsidiary in a country
or region other than Japan included in the scope of consolidation and factored
into the aggregated accounting figure of a consolidated financial statement of
a Japanese company made in accordance with the Financial Instruments and
Exchange Law (Law No. 25 of 1948) of Japan and the related ministerial
ordinances will be regarded as services provided by a Japanese company.
4. With regard to sub-paragraph (3) of paragraph 3
of the Exchange of Notes concerning the financing of eligible local currency
requirements for the implementation of the projects enumerated in Column 1 of
the Annex attached to the Exchange of Notes (hereinafter referred to as “the
Annex”), the representative of the Japanese Delegation stated that:
(a) such local currency requirements as general
administrative expenses, interest during construction, taxes and duties, expenses
connected to offices, remuneration to employees of the executing agencies and
housing, not directly related to the implementation of the projects enumerated
in Column 1 of the Annex, as well as purchase of land properties, compensation
and the like, however, will not be considered as eligible for financing under
the loan mentioned in paragraph 1 of the Exchange of Notes (hereinafter
referred to as “the Loan”); and
(b) the procurement of products and/or services
will be made in accordance with the procedures of competitive bidding except
where such procedures are inapplicable or inappropriate.
5. With regard to the Loan, the representative of
the Japanese Delegation stated that any financial requirements of the projects
enumerated in Column 1 of the Annex exceeding the amount of the Loan under the
loan agreements mentioned in sub-paragraph (1) of paragraph 2 of the Exchange
of Notes, will be duly met by the Government of the Socialist Republic of Viet
Nam to assure the smooth implementation of the projects enumerated in Column 1
of the Annex.
6. With regard to paragraph 8 of the Exchange of
Notes, the representative of the Japanese Delegation stated that:
(a) the necessary measures referred to in the said
paragraph include measures preventing any offer, gift or payment, consideration
or benefit which would be construed as a corrupt practice in the Socialist
Republic of Viet Nam from being made as an inducement to or reward for the
award of the contracts referred to in sub-paragraph (1) of paragraph 3 of the Exchange
of Notes; and
(b) the Government of the Socialist Republic of
Viet Nam will take all necessary measures to enable and facilitate ex-post
procurement audit to be carried out by independent auditors which the Japan
International Cooperation Agency ( hereinafter referred to as “JICA”) will
designate and to be paid at JICA’s expense, in order to ensure fairness and
competitiveness of the procurement process, in case where JICA considers such
audit to be necessary,
7. The representative of the Vietnamese Delegation
stated that the Vietnamese Delegation had no objection to the statements by the
Japanese Delegation mentioned in paragraphs 4, 5 and 6.
|
Bui Quang Vinh
Minister of Planning and Investment of the Socialist Republic of Viet Nam
|
Hiroshi Fukada
Ambassador Extraordinary and Plenipotentiary of Japan to the Socialist
Republic of Viet nam
|
Record
of Discussions
In connection with the Exchange of Notes between
the Government of Japan and the Government of the Socialist Republic of Viet
Nam dated March 31, 2015, concerning a Japanese loan to be extended with a view
to promoting the economic stabilization and development efforts of the
Socialist Republic of Viet Nam (hereinafter referred to as “the Exchange of
Notes”), the representatives of the Japanese Delegation and of the Vietnamese
Delegation wish to record the following:
1. With regard to sub-paragraph (1) of paragraph 3
of the Exchange of Notes, paragraphs 1 and 2 of Japanese Note Verbale No.
22/2015 dated March 31, 2015, and Vietnamese Note Verbale No. 1785/BKHĐT-KTĐN
dated March 31, 2015, it was a shared view of the two Delegations that:
(a) suppliers and contractors of eligible source
countries mean nationals of eligible source countries or juridical persons
incorporated and registered in those countries, and which have their
appropriate facilities for producing or providing goods and services in those
countries and actually conduct their business there;
(b) consultants of eligible source countries mean
nationals of eligible source countries or juridical persons controlled by
nationals of those countries;
(c) notwithstanding sub-paragraphs (a) and (b)
above, in cases where one or more suppliers, contractors or consultants of the
Socialist Republic of Viet Nam form a joint venture with Japanese ones, such a
joint venture will be regarded as a Japanese supplier, contractor or consultant
provided that the lead partner of the said joint venture is a Japanese
supplier, contractor or consultant and that the total share of work of Japanese
ones in the said joint venture is more than fifty per cent (50%); and
(d) notwithstanding sub-paragraph (a) above, in
cases where a subsidiary incorporated in a country or region other than Japan
is included in the scope of consolidation and factored into the aggregated
accounting figure of a consolidated financial statement of a Japanese company
made in accordance with the Financial Instruments and Exchange Law (Law No. 25
of 1948) of Japan and the related ministerial ordinances, such a subsidiary
will be regarded as a Japanese supplier or contractor.
2. With regard to paragraph 3 of Japanese Note
Verbale and Vietnamese Note Verbale mentioned in Paragraph 1 above, it was a
shared view of the two Delegations that:
(1) products procured from a Vietnamese manufacturing
company invested in by one or more Japanese companies will be regarded as
products procured from Japan, if they meet the following:
(a) not less than ten per cent (10%) of the shares
of the Vietnamese manufacturing company are held by a Japanese company; and
(b) the proportion of the shares held by the
Japanese company mentioned in (a) above (or the company having the largest
share among Japanese companies if more than one Japanese company meet the
condition stated in (a) above) is the same as or greater than that of the
shares held by any company of a third country or region.
(2) products procured from a manufacturing company
in a developed country or region other than Japan, will be regarded as products
procured from Japan if it is a subsidiary included in the scope of
consolidation and factored into the aggregated accounting figure of a
consolidated financial statement of a Japanese company made in accordance with
the Financial Instruments and Exchange Law (Law No. 25 of 1948) of Japan and
the related ministerial ordinances.
(3) products procured from a manufacturing company
invested in by one or more Japanese companies and located in one of the
developing countries and territories listed in the List of Recipients of Official
Development Assistance approved by the Development Assistance Committee of the
Organization for Economic Co-operation and Development other than the Socialist
Republic of Viet Nam, will be regarded as products procured from Japan, if they
meet the following:
(a) not less than one third (1/3) of the shares of
the manufacturing company are held by a Japanese company; and
(b) the proportion of the shares held by the
Japanese company mentioned in (a) above is the same as or greater than that of
the shares held by any company of a country or region other than Japan and the
country or the territory where the manufacturing company is located.
|
EMBASSY OF
JAPAN
HANOI
|
|
|
No.J.D.22/2015
|
|
The Embassy of Japan in the Socialist Republic of Viet
Nam presents its compliments to the Ministry of Planning and Investment of the
Socialist Republic of Viet Nam and has the honour to refer to sub-paragraph (2)
of paragrap 3 of the Exchange of Notes between the Government of Japan and the
Government of the Socialist Republic of Viet Nam dated March 31, 2015,
concerning a Japanese loan to be extended with a view to promoting the economic
stabilization and development efforts of the Socialist Republic of Viet Nam.
The Embassy has further the honour to propose that
the scope of eligible source countries mentioned in the said sub paragraph will
be as follows:
1. The eligible source countries are all countries
and areas.
2. Notwithstanding paragraph 1 above, the eligible
source country for the project mentioned in 2 of the Column 1 of the Annex
attached to the Exchange of Notes (hereinafter referred to as “the Project”) is
Japan.
3. Notwithstanding paragraph 2 above, products
and/or services excluding consulting services procured from countries other
than Japan will be eligible for financing under the loan for the Project if the
combined costs of products procured from Japan and services supplied by
Japanese companies excluding consulting services are not less than thirty per
cent (30%) of the total price of the contract (s) of product and services
excluding consulting services required for the implementation of the Project.
4. Notwithstanding paragraph 2 above, consulting
services partly supplied by consultants of countries other than Japan will be
eligible for financing under the loan for the Project if the nationality of
prime contractor (s) of the said consulting services is Japan.
To: Ministry of Planning and Investment
The Socialist Republic of Viet Nam
|
MINISTRY OF PLANNING
AND INVESTMENT OF SOCIALIST REPUBLIC OF VIET NAM
|
|
|
|
Hanoi, March 31,
2015
|
Excellency,
I have the honour to acknowledge the receipt of
Your Excellency’s Note of today’s date, which reads as follows:
“I have the honour to confirm the following
understanding recently reached between the representatives of the Government of
Japan and of the Government of the Socialist Republic of Viet Nam concerning a
Japanese loan to be extended with a view to promoting the economic
stabilization and development efforts of the Socialist Republic of Viet Nam:
1. A loan in Japanese yen up to the amount of
ninety- seven billion four hundred and fourteen million yen (¥97,414,000,000)
(hereinafter referred to as “the Loan”) will be extended, in accordance with
the relevant laws and regulations of Japan, to the Government of the Socialist
Republic of Viet Nam by the Japan International Cooperation Agency (hereinafter
referred to as “JICA”) for the purpose of implementing the projects enumerated
in Column 1 of the Annex attached hereto (hereinafter referred to as “the
Projects”) according to the allocation for each project as specified in Column
2 of the Annex attached hereto.
2. (1) The Loan will be made available by loan agreements
to be concluded between the Government of the Socialist Republic of Viet Nam
and JICA. The terms and conditions of the Loan as well as the procedures for
its utilization will be governed by the said loan agreements, within the scope
of the present understanding, which will contain, inter alia, the
rate of interest, the repayment period and the disbursement period enumerated
respectively in Columns 3, 4 and 5 of the Annex attached hereto.
His Excellency
Mr. Hiroshi Fukada
Ambassador Extraordinary
and Plenipotentiary of Japan
(2) The loan agreements mentioned in sub-paragraph
(1) above will be concluded after JICA is satisfied with the feasibility of the
Projects, including environmental consideration.
(3) The respective disbursement periods enumerated
in Column 5 of the Annex attached hereto may be extended with the consent of
the authorities concerned of the two Governments.
3. (1) The Loan will be made available to cover
payments to be made by the Vietnamese executing agencies to suppliers, contractors
and/or consultants of eligible source countries under such contracts as may be
entered into between them for purchases of products and/or services required
for the implementation of the Projects, provided that such purchases are made
in such eligible source countries for products produced in and/or services
supplied from those countries.
(2) The scope of.eligible source countries
mentioned in sub-paragraph (1) above shall be agreed upon between the
authorities concerned of the two Governments.
(3) A part of the Loan may be used to cover
eligible local currency requirements for the implementation of the Projects.
4. The Government of the Socialist Republic of Viet
Nam shall ensure that the products and/or services mentioned in sub-paragraph
(1) of paragraph 3 are procured in accordance with the guidelines for
procurement of JICA, which set forth, inter alia, the procedures
of international competitive bidding to be followed except where such
procedures are inapplicable or inappropriate.
5. With regard to the shipping and marine insurance
of the products purchased under the Loan, the Government of the Socialist
Republic of Viet Nam shall refrain from imposing any restrictions that may
hinder fair and free competition among the shipping and marine insurance
companies.
6. Japanese nationals whose services may be
required in the Socialist Republic of Viet Nam in connection with the supply of
the products and/or services mentioned in sub-paragraph (1) of paragraph 3
shall be accorded such facilities as may be necessary for their entry into the
Socialist Republic of Viet Nam and stay therein for the performance of their
work.
7. The Government of the Socialist Republic of Viet
Nam shall exempt:
(a) JICA from all fiscal levies and taxes imposed
in the Socialist Republic of Viet Nam on and/or in connection with the Loan as
well as interest accruing therefrom; and
(b) Japanese companies operating as suppliers,
contractors and/or consultants from all duties and related fiscal charges
imposed in the Socialist Republic of Viet Nam with respect to the import and
re-export of their own materials and equipment needed for the implementation of
the Projects.
8. The Government of the Socialist Republic of Viet
Nam shall take necessary measures to:
(a) ensure that the Loan be used properly and
exclusively for the Projects;
(b) ensure and maintain the safety of persons
engaged in the implementation of the Projects and of the general public of the
Socialist Republic of Viet Nam in constructing the facilities under the Loan and
in using such facilities; and
(c) ensure that the facilities constructed under
the Loan be maintained and used properly and effectively for the purpose
prescribed in the present understanding.
9. While ensuring fair treatment of sources of
information and data, the Government of the Socialist Republic of Viet Nam
shall, upon request, furnish the Government of Japan and JICA with:
(a) information and data concerning the progress of
the implementation of the Projects; and
(b) any other information, including information on
corrupt practice, related to the Projects.
10. The two Governments shall consult with each
other with respect to any matter that may arise from or in connection with the
present understanding.
11. The Annex attached hereto shall form an integral
part of the present Note.
I have further the honour to propose that this Note
and Your Excellency’s Note in reply confirming on behalf of the Government of
the Socialist Republic of Viet Nam the foregoing understanding shall constitute
an agreement between the two Governments, which shall enter into force on the
date of Your Excellency’s Note in reply.
I avail myself of this opportunity to renew to Your
Excellency the assurance of my highest consideration.”
I have further the honour to confirm on behalf of
the Government of the Socialist Republic of Viet Nam the foregoing
understanding and to agree that Your Excellency’s Note and this Note in reply
shall constitute an agreement between the two Governments, which shall enter
into force on the date of this Note in reply.
I avail myself of this opportunity to renew to Your
Excellency the assurance of my highest consideration.
|
|
Bui Quang Vinh
Minister of Planning and Investment of the Socialist Republic of Viet nam
|
Record
of Discussions
In connection with the Exchange of Notes between
the Government of the Socialist Republic of Viet Nam and the Government of
Japan dated March 31, 2015, concerning a Japanese loan to be extended with a
view to promoting the economic stabilization and development efforts of the
Socialist Republic of Viet Nam (hereinafter referred to as “the Exchange of
Notes”), the representatives of the Vietnamese Delegation and of the Japanese
Delegation wish to record the following:
1. With regard to sub-paragraph (1) of paragraph 3
of the Exchange of Notes, paragraphs 1 and 2 of Japanese Note Verbale No.
22/2015 dated March 31, 2015, and Vietnamese Note Verbale No.1785/BKHĐT-KTĐN
dated March 31, 2015, it was a shared view of the two Delegations that:
(a) suppliers and contractors of eligible source
countries mean nationals of eligible source countries or juridical persons
incorporated and registered in those countries, and which have their
appropriate facilities for producing or providing goods and services in those
countries and actually conduct their business there;
(b) consultants of eligible source countries mean
nationals of eligible source countries or juridical persons controlled by
nationals of those countries;
(c) notwithstanding sub-paragraphs (a) and (b)
above, in cases where one or more suppliers, contractors or consultants of the
Socialist Republic of Viet Nam form a joint venture with Japanese ones, such a
joint venture will be regarded as a Japanese supplier, contractor or consultant
provided that the lead partner of the said joint venture is a Japanese
supplier, contractor or consultant and that the total share of work of Japanese
ones in the said joint venture is more than fifty per cent (50%); and
(d) notwithstanding sub-paragraph (a) above, in
cases where a subsidiary incorporated in a country or region other than Japan
is included in the scope of consolidation and factored into the aggregated
accounting figure of a consolidated financial statement of a Japanese company
made in accordance with the Financial Instruments and Exchange Law (Law No. 25
of 1948) of Japan and the related ministerial ordinances, such a subsidiary
will be regarded as a Japanese supplier or contractor.
2. With regard to paragraph 3 of Japanese Note
Verbale and Vietnamese Note Verbale mentioned in Paragraph 1 above, it was a
shared view of the two Delegations that:
(1) products procured from a Vietnamese
manufacturing company invested in by one or more Japanese companies will be
regarded as products procured from Japan, if they meet the following:
(a) not less than ten per cent (10%) of the shares
of the Vietnamese manufacturing company are held by a Japanese company; and
(b) the proportion of the shares held by the
Japanese company mentioned in (a) above (or the company having the largest
share among Japanese companies if .more than one Japanese company meet the
condition stated in (a) above) is the same as or greater than that of the
shares held by any company of a third country or region.
(2) products procured from a manufacturing company
in a developed country or region other than Japan will be regarded as products
procured from Japan if it is a subsidiary included in the scope of
consolidation and factored into the aggregated accounting figure of a
consolidated financial statement of a Japanese company made in accordance with
the Financial Instruments and Exchange Law (Law No. 25 of 1948) of Japan and
the related ministerial ordinances.
(3) products procured from a manufacturing company invested
in by one or more Japanese companies and located in one of the developing
countries and territories listed in the List of Recipients of Official
Development Assistance approved by the Development Assistance Committee of the
Organization for Economic Co-operation and Development other than the Socialist
Republic of Viet Nam, will be regarded as products procured from Japan, if they
meet the following:
(a) not less than one third (1/3) of the shares of
the manufacturing company are held by a Japanese company; and
(b) the proportion of the shares held by the
Japanese company mentioned in (a) above is the same as or greater than that of
the shares held by any company of a country or region other than Japan and the
country or the territory where the manufacturing company is located.
3. With regard to paragraph 3 of Japanese Note
Verbale and Vietnamese Note Verbale mentioned in paragraph 1 above, it was a
share view of the two Delegations that:
(a) any services provided by a company of a country
or region other than Japan which form a joint venture with a Japanese company
will not be regarded as services provided by a Japanese company; and
(b) services provided by a subsidiary in a country
or region other than Japan included in the scope of consolidation and factored
into the aggregated accounting figure of a consolidated financial statement of
a Japanese company made in accordance with the Financial Instruments and
Exchange Law (Law No. 2 5 of 1948) of Japan and the related ministerial
ordinances will be regarded as services provided by a Japanese company.
4. With regard to sub-paragraph (3) of paragraph 3
of the Exchange of Notes concerning the financing of eligible local currency
requirements for the implementation of the projects enumerated in Column 1 of
the Annex attached to the Exchange of Notes (hereinafter referred to as “the
Annex”), the representative of the Japanese Delegation stated that:
(a) such local currency requirements as general
administrative expenses, interest during construction, taxes and duties,
expenses connected to offices, remuneration to employees of the executing
agencies and housing, not directly related to the implementation of the
projects enumerated in Column 1 of the Annex, as well as purchase of land
properties, compensation and the like, however, will not be considered as
eligible for financing under the loan mentioned in paragraph 1 of the Exchange
of Notes (hereinafter referred to as “the Loan”); and
(b) the procurement of products and/or services
will be made in accordance with the procedures of competitive bidding except
where such procedures are inapplicable or inappropriate.
5. With regard to the Loan, the representative of
the Japanese Delegation stated that any financial requirements of the perojects
enumerated in Column 1 of the Annex exceeding the amount of the Loan under the
loan agreements mentioned in sub-paragraph (1) of paragraph 2 of the Exchange
of Notes, will be duly met by the Government of the Socialist Republic of Viet
Nam to assure the smooth implementation of the projects enumerated in Column 1
of the Annex.
6. With regard to paragraph 8 of the Exchange of
Notes, the representative of the Japanese Delegation stated that:
(a) the necessary measures referred to in the said
paragraph include measures preventing any offer, gift or payment, consideration
or benefit which would be construed as a corrupt practice in the Socialist
Republic of Viet Nam from being made as an inducement to or reward for the
award of the contracts referred to in sub-paragraph (1) of paragraph 3 of the
Exchange of Notes; and
(b) the Government of the Socialist Republic of
Viet Nam will take all necessary measures to enable and facilitate ex-post
procurement audit to be carried out by independent auditors which the Japan
International Cooperation Agency (hereinafter referred to as “JICA”) will
designate and to be paid at JICA’s expense, in order to ensure fairness and
competitiveness of the procurement process, in case where JICA considers such
audit to be necessary.
7. The representative of the Vietnamese Delegation
stated that the Vietnamese Delegation had no objection to the statements by the
Japanese Delegation mentioned in paragraphs 4, 5 and 6.
|
Hiroshi Fukada
Ambassador Extraordinary and Plenipotentiary of Japan to the Socialist Republic
of Viet nam
|
Bui Quang Vinh
Minister of Planning and Investment of the Socialist Republic of Viet Nam
|