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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:
62/2015/TB-LPQT
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Hà
Nội, ngày 29 tháng 12 năm 2015
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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:
Thỏa thuận hợp tác giữa Chính phủ
nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Ma-lai-xia về hàng không
dân dụng ký tại Kua-la Lăm-pua ngày 06 tháng 11 năm
2015, có hiệu lực kể từ ngày 06 tháng 11 năm 2015.
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
Nguyễn Văn Ngự
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CO-OPERATION ARRANGEMENT
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF
MALAYSIA ON CIVIL AVIATION
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET
NAM as represented by the Civil Aviation Authority of Viet Nam AND THE
GOVERNMENT OF MALAYSIA as represented by the Department of Civil Aviation
Malaysia (hereinafter referred to singularly as “the Participant” and
collectively as “the Participants”),
MINDFUL of the importance and significant
contribution of civil aviation to the socio-economic development and exchanges
between Malaysia and the Socialist Republic of Viet Nam;
MINDFUL of the steady growth of air traffic
between Malaysia and the Socialist Republic of Viet Nam:
DESIROUS of developing meaningful co-operation
so as to promote the safe, efficient and sustainable development of civil
aviation in Malaysia and the Socialist Republic of Viet Nam;
HAVE REACHED THE FOLLOWING UNDERSTANDINGS:
PARAGRAPH
1 - OBJECTIVE
The Participants, subject to the term of this Co-operation
Arrangement and the laws, rules, regulations and national policies from time to
time in force in each country, jointly decide to strengthen, promote and
develop co-operation between the two countries in the field of civil aviation
on the basis of equality and mutual benefit.
PARAGRAPH
II - SCOPE OF CO-OPERATION
Each Participant will, subject to the laws, rules,
regulations and national policies from time to time in force, governing the
subject matter in each country, endeavour to take necessary steps to encourage
and promote co-operation in the field of civil aviation, in particular on
safety, accident investigations, security, environment and any other topics of
common interest relating to civil aviation matters in the following areas:
a) exchange of information on matters relating to
civil aviation;
b) participation in international events and
meetings;
c) organisation of training activities;
d) organisation of joint initiatives; and
e) any other areas of co-operation in accordance
with the objective of the Co-operation Arrangement as set out in Paragraph I,
to be mutually agreed upon by the Participants in writing.
PARAGRAPH
III - IMPLEMENTATION
The designated points of contact responsible for
the implementation of this Co-operation Arrangement are as follows:
i) on behalf of the Government of Malaysia
Director General
Department of Civil Aviation Malaysia
No.27, Persiaran Perdana,
Aras 3, Blok Podium B, Lot 4G4, Presint 4,
Pusat Pentadbiran Kerajaan Persekutuan,
62618 Putrajaya, Malaysia.
Tel: +603-8871 4218
Fax: +603-8889 5691
ii) on behalf of the Government of the Socialist
Republic of Viet Nam
Director General
Civil Aviation Authority of Viet Nam
No. 119 Nguyen Son Street, Long Bien District
Ha Noi, Viet Nam
Tel: +844 38272241
Fax: +844 38271933
a) The points of contact will establish and
maintain contact through:
i) exchange of letters and documents;
ii) meetings and visits; and
iii) consultation and coordination, when necessary.
b) Senior representatives of each Participant may
be invited to attend, in an observer capacity, meetings and events of the other
Participant on a reciprocal basis.
c) Consultations and co-ordination meetings may be
organised prior to International Civil Aviation Organisation (ICAO) Assemblies
and/or major international civil aviation events/meetings when both
Participants consider such consultations and co-ordination meetings are likely
to be useful and of interest to both Participants.
PARAGRAPH
IV - FINANCIAL ARRANGEMENTS
The financial arrangements to cover expenses for
the co-operative activities undertaken within the framework of this
Co-operation Arrangement will be jointly decided by the Participants on a
case-by-case basis subject to the availability of funds and resources.
PARAGRAPH
V - REVIEW OF IMPLEMENTATION
The Participants will meet, when necessary, to
review the progress of the co-operative activities jointly carried out. Such
meetings will be held either in Malaysia or in the Socialist Republic of Viet
Nam on a rotation basis, or in another decided location as mutually agreed by
the Participants.
PARAGRAPH
VI - PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
a) The protection of intellectual property rights
shall be enforced in conformity with the respective national laws, rules and
regulations of the Participants and with other international agreements to
which both Participants are party to.
b) The use of name, logo and/or official emblem of
any of the Participants on any publication, document and/or paper is prohibited
without prior written approval of either Participant.
c) Notwithstanding anything in paragraph (a) above,
the intellectual property rights in respect of any technological development,
products and services development, carried out-
i) jointly by the Participants or research results
obtained through the joint activity effort of the Participants, shall be
jointly owned by the Participants in accordance with the terms to be mutually
agreed upon; and
ii) solely and separately by the Participant or the
research results obtained through the sole and separate effort of the
Participant, shall be solely owned by the Participant concerned.
PARAGRAPH
VII - CONFIDENTIALITY
a) Each Participant undertakes to observe the
confidentiality and secrecy of documents, information and other data received
or supplied to the other Participant during the period of the implementation of
this Co-operation Arrangement or any other arrangements made pursuant to this
Co-operation Arrangement.
b) Both Participants agree that the provisions of
this Paragraph shall continue to be binding between the Participants
notwithstanding the termination or expiration of this Co-operation Arrangement.
PARAGRAPH
VIII- SUSPENSION
Each Participant reserves the right for reasons of
national security, national interest, public order or public health to suspend
temporarily, either in whole or in part, the implementation of this
Co-operation Arrangement which suspension shall take effect immediately after
notification has been given to the other Participant through diplomatic channels.
PARAGRAPH
IX - SETTLEMENT OF DISPUTES
Any difference or dispute between the Participants
concerning the interpretation and/or implementation and/or application of any
of the provisions of this Co-operation Arrangement shall be settled amicably
through mutual consultation and/or negotiations between the Participants
through diplomatic channel without reference to any third-party or
international tribunal.
PARAGRAPH
X - EFFECT OF CO-OPERATION ARRANGEMENT
Except as provided in the paragraphs on Protection of
Intellectual Property Rights, Settlement of Disputes, Confidentiality and
Suspension, this Co-operation Arrangement serves only as a record of the
Participants' intentions and does not constitute or create, and is not intended
to constitute or create obligations under domestic or international law and
will not give rise to any legal process and will not be deemed to constitute or
create any legally binding or enforceable obligations, expressed or implied.
PARAGRAPH
XI - REVISION, MODIFICATION AND AMENDMENT
a) Either Participant may request in writing a
revision, modification or amendment of all or any part of this Co-operation
Arrangement.
b) Any revision, modification or amendment mutually
agreed to by the Participants will be made in writing and will form part of
this Co-operation Arrangement.
c) Such revision, modification or amendment will
come into effect on such date as may be determined by the Participants.
d) Any revision, modification or amendment will not
prejudice the rights and obligations arising from or based on this Co-operation
Arrangement before or up to the date of such revision, modification or
amendment.
PARAGRAPH
XII - ENTRY INTO EFFECT, DURATION AND TERMINATION
a) This Co-operation Arrangement will come into
effect on the date of signing and will continue to have effect for a period of
three (3) years.
b) Thereafter, this Co-operation Arrangement may be
extended upon mutual agreement of the Participants.
c) Notwithstanding anything in this Paragraph,
either Participant may terminate this Co-operation Arrangement by notifying the
other Participant of its intention to terminate this Co-operation Arrangement
by a notice in writing, at least sixty (60) days prior to its intention to do
so.
d) The termination of this Co-operation Arrangement
will not affect the implementation of on-going projects and/or programmes,
which have been agreed upon before the date of the termination of this
Co-operation Arrangement.
The Cooperation Arrangement represents the
understandings reached between the Government of Malaysia and the Government of
the Socialist Republic of Viet Nam upon the matters referred to therein.
Signed at Kuala Lumpur on this 6 day of November in
the year 2015, in two (2) original texts in the English language.
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FOR THE GOVERNMENT
OF THE SOCIALIST REPUBLIC
OF VIET NAM
LAI XUAN THANH
Director General
Civil Aviation Authority
of Viet Nam
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FOR THE GOVERNMENT
OF MALAYSIA
DATO’ SRI AZHARUDDIN
ABDUL RAHMAN
Director General
Department of Civil Aviation
of Malaysia
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