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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:
66/2011/TB-LPQT
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Hà
Nội, ngày 06 tháng 12 năm 2011
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định
tại khoản 3 Điều 47 của Luật Ký kết, gia nhập và thực hiện điều
ước quốc tế năm 2005, Bộ Ngoại giao trân trọng thông báo:
Thỏa thuận giữa
Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Nhật Bản về hợp
tác phát triển ngành công nghiệp đất hiếm tại nước Cộng hòa xã hội chủ nghĩa Việt
Nam, ký tại Tô-ki-ô ngày 31 tháng 10 năm 2011, có hiệu lực kể từ ngày 31 tháng
10 năm 2011.
Bộ Ngoại giao trân
trọng gửi Bản sao Thỏa thuận theo quy định tại Điều 68 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
Lê Thị Tuyết Mai
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ARRANGEMENT
BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
AND THE GOVERNMENT OF JAPAN ON COOPERATION IN DEVELOPMENT OF RARE EARTHS
INDUSTRY IN THE SOCIALIST REPUBLIC OF VIET NAM
The Government of the Socialist
Republic of Viet Nam and the Government of Japan (hereinafter referred to as
the "two Governments");
Expressing their mutual interest
in promoting cooperation between the two Governments for the development of
rare earths industry in the Socialist Republic of Viet Nam in the form of joint
geological investigation, human resources development, transfer of
environmentally friendly technology for sustainable resources development and
joint R&D program on a government-to-government basis; and
Recalling that, at the Viet Nam
- Japan summit meeting on October 31, 2010, Prime Minister Nguyen Tan Dung
expressed the decision to select Japan as the partner in investigation,
exploration, exploitation and processing of rare earths in the Socialist
Republic of Viet Nam (hereinafter referred to as the "Cooperation".);
HAVE decided as follows:
ITEM I:
COOPERATION UNDER THIS ARRANGEMENT
The two Governments will
cooperate with each other, to the extent possible and where appropriate,
subject to the laws and regulations then in force in the respective countries,
for the purpose of facilitating the smooth implementation of the Cooperation.
ITEM II:
COORDINATING AGENCIES
1. For the purpose of
facilitating the smooth implementation of the Cooperation, the two Governments
have respectively designated the following ministries as Coordinating Agencies:
(a) on the part of the
Government of Japan, Ministry of Economy, Trade and Industry of Japan (METI);
and
(b) on the part of the
Government of the Socialist Republic of Viet Nam, Ministry of Industry and
Trade (MOIT), 2. The Government of Japan will conduct cooperation under this
Arrangement through Japan Oil, Gas and Metals National Corporation (JOGMEC) and
other appropriate bodies.
ITEM III:
AREAS OF COOPERATION
The two Governments will
coordinate the cooperation referred to in Item I of this Arrangement, which may
include the activities in the following areas:
(a) implementation of
development and processing of rare earths with regard to the project in Dong
Pao deposits in Lai Chan Province (hereinafter referred to as "Dong Pao
deposits"),
(b) joint investigation and
exploration of rare earths in the Socialist Republic of Viet Nam;
(c) human resources development
in exploration of resources;
(d) transfer of advanced and
environmentally friendly technology for sustainable resource development;
(e) joint R&D, human
resources development and technology transfer programs on separation, refining
and application of rare earths;
(f) promotion of export of rare
earths in the worldwide market; and
(g) supports to the improvement
of the master plan of rare earths industry in the Socialist Republic of Viet
Nam
ITEM IV:
IMPLEMENTATION OF THE DEVELOPMENT AND PROCESSING IN DONG PAO DEPOSITS
1. The mining license and the
investment license for metallurgical process of the Dong Pao project will be
granted to Lai Chau VIMICO Rare Earth Joint Stock Company (LAVRECO) from the
Government of the Socialist Republic of Viet Nam in accordance with the
Vietnamese laws and regulations as soon as possible, and after that, LAVRECO
and Japanese companies will establish the joint-venture company to develop the
Dong Pao deposits and process the ore deeply as long as
technologically/economically feasible.
2. The two Governments recognize
that the development of Dong Pao deposits will be started from the F3 deposit,
and the decision of the development of the F7 deposit will be made based on the
evaluation of the result of the cooperation.
3. The Government of Japan
commits to assign only Japanese companies which commits to apply advanced and
environmentally friendly technologies, based on relevant guidelines and
regulations of Japan (including proper handling of Natural Occurring
Radioactive Materials (hereinafter referred to as NORM) produced in the
processing stages of rare earths deposits) in the exploitation and processing
stages of rare earth, consistent with the policy framework in the Socialist
Republic of Viet Nam and the internationally-recognized standards.
4. The two Governments will
periodically monitor the progress and attempts made by the Japanese private
companies and the Vietnamese partner to protect environment.
5. In case of any environmental
problems arise which cannot be solved by the joint venture company, the two
Governments will hold consultations to solve the problems.
6. The Government of Japan
expressed its firm commitment to the sustainable mining development which
includes the environmental preservation and improvement of the social welfare
of the local communities.
7. The Government of Japan
firmly commits to request, as appropriate, the Japanese private companies to
abide by the domestic laws and regulations of the Socialist Republic of Viet
Nam with regard to above mentioned 3 and 6.
8. The two Governments also
reaffirm that the locations of processing facilities of rare earths and types
of product will be determined based on the detailed feasibility study by the
joint venture company in terms of technological/economic consideration in
accordance with Viet Nam's deep ore processing policy.
9. The Government of Japan will
provide financial and/or technical support for the Cooperation through JOGMEC
based on the evaluation of Japanese private companies' attempts to protect
environment and to improve social welfare in the Dong Pao area.
10. The two Governments welcome
the Japan's ongoing ODA loan which includes the project for the roads
construction and water supply system in Lai Chau Province which will contribute
to improve social welfare of the localities-
11. The Government of Japan
recognizes the needs to improve social welfare of the localities in Lai Chau
Province. Furthermore, the Government of Japan will consider the formal request
of ODA from the Government of Viet Nam taking into account of the above
mentioned needs.
ITEM V:
JOINT INVESTIGATION AND EXPLORATION OF RARE EARTHS IN THE SOCIALIST REPUBLIC OF
VIET NAM
1. The two Governments note that
cooperation for investigation of rare earths has been in progress between the
Government of Japan and the Government of the Socialist Republic of Viet Nam.
The two Governments will promote cooperation for investigation, exploration
and/or development of other deposits of rare earths in the Social Republic of Viet
Nam, taking current cooperation into account
2. The Government of the
Socialist Republic of Viet Nam will provide preferential treatment in
accordance with the Mineral, Investment, Environmental Protection Laws and
other relevant laws of the Socialist Republic of Viet Nam for Japanese
companies which are to cooperate as a business partner in the development of
rare earths.
3. The Government of Japan may
provide financial and technical assistance through JOGMEC to Japanese companies
which conduct investigation and exploration of the deposits as (a) partners) of
Vietnamese companies upon their request.
ITEM VI:
HUMAN RESOURCES DEVELOPMENT IN EXPLORATION OF RESOURCES
1. Human resource development
program in the field of geological analysis with regard to exploration
1.1. The Government of Japan
will carry out human resources development through JOGMEC in the Socialist
Republic of Viet Nam to foster experts in geological analysis using satellite
image data (remote sensing). Computers and satellite image data required for
the program will be provided by the two Governments and training courses will
also be set up.
1.2. The Government of the
Socialist Republic of Viet Nam will provide venues for the training courses and
assist their implementation through, such measures as enrolling trainees widely
from the government, industry and academia in the Socialist Republic of Viet
Nam.
2. Training courses in
geophysical and geochemical exploration in the Socialist Republic of Viet Nam.
2.1. The Government of Japan
will set up training courses in geophysical and geochemical exploration through
JOGMEC in the Socialist Republic of Viet Nam.
2.2. The Government of Viet Nam
will provide venues for the training courses and assist their implementation
through such measures as enrolling trainees widely from the government,
industry and academia in the Socialist Republic of Viet Nam.
ITEM VII:
TRANSFER OF ADVANCED AND ENVIRONMENTALLY FRIENDLY TECHNOLOGY FOR SUSTAINABLE
RESOURCES DEVELOPMENT
1. The two Governments firmly
commit to the sustainable resources development with the use of advanced and
environmentally friendly technology (including proper handling of NORM produced
as by-product in rare earths deposits) in terms of policy framework and
technical aspects in the Socialist Republic of Viet Nam. The Government of
Japan will continue to provide the training courses related to advanced and
environmentally friendly technologies in mining and processing.
2. The Government of Japan will
dispatch expert(s) to support development of technical guideline on proper
handling of NORM to be drafted by the Government of the Socialist Republic of
Viet Nam.
ITEM VIII:
JOINT R&D, HUMAN RESOURCES DEVELOPMENT AND TECHNOLOGY TRANSFER PROGRAMS ON
SEPARATION, REFINING AND APPLICATION OF RARE EARTHS
1. The two Governments will
conduct Joint R&D, human resources development and technology transfer
programs on separation, refining and application of rare earths in the
Socialist Republic of Viet Nam, in cooperation with research institutes in the
two countries. While the Government of Japan and Japanese research institutes
will participate in the programs, Vietnamese research institutes and
organizations will participate.
2. The Government of Japan
firmly commits to support the Government of the Social Republic of Viet Nam for
establishing Research and Technology Transfer Centre (hereinafter referred to
as RTTC) and provide major equipments necessary for the Joint R&D, human
resources development and technology transfer programs, which, will be procured
by JOGMEC RTTC will have the full right to manage and use those equipments. All
the expenses including the above-mentioned equipments will be borne by JOGMEC.
Further details about the joint R&D, human resources development and
technology transfer programs will be discussed and defined by both sides.
3. On the part of Viet Nam, the
Institute for Technology of Radioactive and Rare Elements (ITRRE) of the
Vietnam Atomic Energy Institute under Ministry of Science and Technology is the
responsible counterpart in the establishment and implementation of RTTC.
4. The Government of Japan will
make all the necessary arrangements and procedures to transfer those equipments
of the RTTC procured by JOGMEC to the Government of the Social Republic of Viet
Nam after their depreciation or appropriate duration.
5. The two Governments will
promote rare earths industry development jointly by transferring the outcome of
the joint R&D program to companies and organizations in the two countries
with reasonable protection of intellectual property rights of each entity
participating in the Cooperation.
ITEM IX:
PROMOTION OF EXPORT OF RARE EARTHS IN THE WORLDWIDE MARKET
1. Cooperation for research and
development of marketing strategy on rare earths export
1.1. The Government of Japan
will provide the Government of the Socialist Republic of Viet Nam with
information on user industries of rare earths and world-wide market situations
to support formulation of strategy/program on rare earths export.
1.2. The Government of the
Socialist Republic of Viet Nam will promote the export of rare earths products
to the world market- including that to Japan, giving adequate consideration to
the importance of ensuring the sufficient supply of rare earths to Japan.
ITEM X:
SUPPORTS TO THE IMPROVEMENT OF THE MASTER PLAN OK RARE EARTHS INDUSTRY IN THE
SOCIALIST REPUBLIC OF VIET NAM
The Government of Japan will
provide necessary support to the Government, of the Socialist Republic of Viet
Nam in improving the master plan of rare earths industries in the Socialist
Republic of Viet Nam.
ITEM XI:
MISCELLANEOUS
1. For the purpose of jointly
monitoring the progress of the implementation of this Arrangement, the two
Governments will hold meetings approximately twice a year. In case of requiring
to organize an ad hoc meeting, both sides need to inform to each other through
diplomatic channel, by giving 21 days' notice in advance in principle.
2. The two Governments will
consult each other amicably on any matters regarding this Arrangement.
3. This Arrangement will come
into operation from the date of signature. This Arrangement may be modified by
mutual consent in writing of the two Governments. Hither Government may
terminate this Arrangement by giving 6 months' prior written notice to the
other Government.
4. All necessary communication
for the cooperation under this Arrangement will be done in English, unless the
two Governments decide otherwise.
Done in Tokyo on this thirty
first day of October 2011, in duplicate in the English language.
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FOR
THE GOVERNMENT
OF THE SOCIALIST REPUBLIC
OF VIET NAM
Nguyen Tan Dung
Prime Minister
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FOR
THE GOVERNMENT
OF JAPAN
Yoshihiko Noda
Prime Minister
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