|
Kính gửi:
|
- Bộ Y tế;
- Bộ Ngoại giao;
- Ủy ban nhân dân các tỉnh Tuyên Quang, Bắc Giang, Phú Thọ, Điện Biên, Lai
Châu, Nghệ An, Hà Tĩnh, Quảng Nam, Phú Yên, Bình Thuận, Kon Tum, Gia Lai, Đắk
Nông, Bình Phước, Sóc Trăng, Cà Mau.
|
Căn cứ thư của
Ngân hàng Phát triển Châu Á (ADB) ngày 13/2/2020 thông báo hiệu lực của Hiệp định
vay số 3758 và Hiệp định viện trợ số 0636 cho Chương trình đầu tư phát triển mạng
lưới y tế cơ sở vùng khó khăn do ADB tài trợ, Bộ Tài chính xin thông báo hai Hiệp
định trên có hiệu lực từ ngày 4/2/2020.
Theo quy định hiện hành, Bộ Tài chính xin gửi kèm bản
gốc Hiệp định vay và Hiệp định viện trợ đã ký cho Bộ Ngoại giao. Đề nghị Bộ Ngoại
giao thực hiện sao lục các Điều ước quốc tế của Dự án gửi Quốc hội, Chủ tịch nước
và Chính phủ để báo cáo, gửi Bộ Tài chính, Bộ Kế hoạch và Đầu tư, Bộ Tư pháp, Bộ
Y tế để thực hiện và cơ quan Công báo theo quy định hiện hành.
Bộ Tài chính xin cảm ơn sự hợp tác của Quý Cơ
quan./.
|
Nơi nhận:
- Như trên;
- VPCP;
- Lưu: VT, QLN (06).
|
KT. BỘ TRƯỞNG
THỨ TRƯỞNG
Trần Xuân Hà
|
LOAN NUMBER
3758-VIE(COL)
LOAN
AGREEMENT
(Ordinary Operations [Concessional])
(Local Health Care for
Disadvantaged Areas Sector Development Program)
between
SOCIALIST
REPUBLIC OF VIET NAM
and
ASIAN DEVELOPMENT
BANK
DATED 6 August
2019
LOAN AGREEMENT
(Ordinary Operations [Concessional])
LOAN AGREEMENT dated
6 August 2019 between SOCIALIST REPUBLIC OF VIET NAM (“Borrower”) and ASIAN
DEVELOPMENT BANK ("ADB").
WHEREAS
(A) ADB has received from the Borrower a
development policy letter dated 14 November 2018 (“Policy Letter”), setting
forth certain objectives, policies and actions, described in Schedule 1 to this
Loan Agreement, designed to develop the Borrower’s local health care sector for
disadvantaged areas (“Program”);
(B) by a grant agreement of even date herewith
between the Borrower and ADB (“Project Grant Agreement”), ADB has agreed to
provide a grant equivalent to the amount of twelve million Dollars
($12,000,000) from ADB’s Special Funds resources in support of the Local Health
Care for Disadvantaged Areas Sector Development Program (“Project”) as
described in Schedule 1 to the Project Grant Agreement;
(C) the Borrower has applied to ADB for a loan for
the purposes of the Program; and
(D) ADB has agreed to make a concessional loan to
the Borrower from ADB's ordinary capital resources to finance the Program upon
the terms and conditions set forth herein;
NOW THEREFORE the parties agree as follows:
ARTICLE
I
Loan
Regulations; Definitions
Section 1.01. All the provisions of ADB’s Ordinary Operations
(Concessional) Loan Regulations, dated 1 January 2017 (“Loan Regulations”), are
hereby made applicable to this Loan Agreement with the same force and effect as
if they were fully set forth herein, subject, however, to the following
modifications:
|
(a)
|
Section 2.01 (v) is deleted and the following is
substituted therefor:
“Program” means the program for which ADB has
agreed to make the Loan, as described in the Loan Agreement and as the
description thereof may be amended from time to time by agreement between ADB
and the Borrower;
|
|
(b)
|
The term “Project” wherever it appears in the
Loan Regulations shall be substituted by the term “Program”;
|
|
(c)
|
Section 2.01 (x) is deleted and the following is
substituted therefor:
“Program Executing Agency” means the entity or
entities responsible for the carrying out of the Program as specified in the
Loan Agreement;
|
|
(d)
|
The term "Project Executing Agency"
wherever it appears in the Loan Regulations shall be substituted by the term
“Program Executing Agency”; and
|
|
(e)
|
Section 5.01(b) is deleted.
|
Section 1.02. Wherever
used in this Loan Agreement, the several terms defined in the Loan Regulations
have the respective meanings therein set forth unless modified herein or
the context otherwise requires. Additional terms used in this Loan Agreement
have the following meanings:
|
(a)
|
“Counterpart Funds” means the local currency
generated from the Loan proceeds under the Program and referred to in
paragraph 5 of Schedule 4 to this Loan Agreement;
|
|
(b)
|
“Deposit Account” means the account referred to
in paragraph 3 of Schedule 3 to this Loan Agreement;
|
|
(c)
|
“Loan Disbursement Handbook” means ADB’s Loan
Disbursement Handbook (2017, as amended from time to time);
|
|
(d)
|
“MOH” means the Ministry of Health of the
Borrower or any successor thereto;
|
|
(e)
|
“Policy Matrix” means the policy matrix as agreed
between the Borrower, through MOH, and ADB, which sets forth actions
accomplished or to be accomplished by the Borrower under the Program and is
attached to the Policy Letter; and
|
|
(f)
|
“Program Executing Agency” for the purposes of,
and within the meaning of, the Loan Regulations means MOH or any successor
thereto acceptable to ADB, which is responsible for the carrying out of the
Program.
|
ARTICLE II
The
Loan
Section 2.01. (a) ADB agrees to lend to the
Borrower from ADB's ordinary capital resources an amount of eighty-eight million
six hundred thousand Dollars ($88,600,000).
(b) The Loan has a principal repayment period of 20
years, and a grace period as defined in subsection (c) hereinafter.
(c) The term “grace period” as used in subsection
(b) hereinabove means the period prior to the first Principal Payment Date in
accordance with the amortization schedule set forth in Schedule 2 to this Loan
Agreement.
Section 2.02. The Borrower shall pay to ADB an
interest charge at the rate of 2% per annum during the grace period and thereafter,
on the amount of the Loan withdrawn from the Loan Account and outstanding from
time to time.
Section 2.03. The interest charge and any other
charge on the Loan shall be payable semiannually on 1 May and 1 November in
each year.
Section 2.04. The Borrower shall repay the
principal amount of the Loan withdrawn from the Loan Account in accordance with
the amortization schedule set forth in Schedule 2 to this Loan Agreement.
Section 2.05. The currency of repayment of the
principal of the Loan and the currency of payment of the interest charge for
the purposes of Sections 4.03(a) and 4.04 of the Loan Regulations shall be the
Dollar.
ARTICLE
III
Use
of Proceeds of the Loan
Section 3.01. The Borrower shall cause the proceeds
of the Loan to be applied to the financing of expenditures on the Program in
accordance with the provisions of this Loan Agreement.
Section 3.02. The proceeds of the Loan shall be
withdrawn in accordance with the provisions of Schedule 3 to this Loan
Agreement, as such Schedule may be amended from time to time by agreement
between the Borrower and ADB.
Section 3.03. The Loan Closing Date for the
purposes of Section 8.02 of the Loan Regulations shall be 31 March 2020 or such
other date as may from time to time be agreed between the Borrower and ADB.
ARTICLE
IV
Particular
Covenants
Section 4.01. In the carrying out of the Program,
the Borrower shall perform, or cause to be performed, all obligations set forth
in Schedule 4 to this Loan Agreement.
Section 4.02. As part of the reports and information
referred to in Section 6.05 of the Loan Regulations, the Borrower shall
furnish, or cause to be furnished, to ADB all such reports and information as
ADB shall reasonably request concerning (i) Counterpart Funds and the use
thereof, and (ii) the implementation of the Program, including the
accomplishment of the targets and carrying out of the actions set out in the
Policy Letter.
ARTICLE
V
Suspension;
Acceleration of Maturity
Section 5.01. The following is specified as an
additional event for suspension of the right of the Borrower to make
withdrawals from the Loan Account for the purposes of Section 8.01(m) of the
Loan Regulations: the grant under the Project Grant Agreement shall have become
liable for suspension or cancellation.
Section 5.02. The following is specified as an
additional event for acceleration of maturity for the purposes of Section
8.07(d) of the Loan Regulations: the grant under the Project Grant Agreement shall
have become liable for suspension for 30 days or cancellation.
ARTICLE
VI
Effectiveness
Section 6.01. The following is specified as an
additional condition to the effectiveness of this Loan Agreement for the
purposes of Section 9.01(f) of the Loan Regulations: the execution and delivery
of the Project Grant Agreement on behalf of the Borrower shall have been duly
authorized or ratified by all necessary action and all conditions precedent to
its effectiveness (other than a condition requiring the effectiveness of this
Loan Agreement) shall have been fulfilled.
Section 6.02. A date 90 days after the date of this
Loan Agreement is specified for the effectiveness of the Loan Agreement for the
purposes of Section 9.04 of the Loan Regulations.
ARTICLE
VII
Miscellaneous
Section 7.01. The Minister of Finance of the
Borrower is designated as representative of the Borrower for the purposes of
Section 11.02 of the Loan Regulations.
Section 7.02. The following addresses are specified
for the purposes of Section 11.01 of the Loan Regulations:
For the Borrower
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 Loan
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.
|
|
SOCIALIST REPUBLIC OF VIET NAM
By________________
TRAN XUAN HA
Deputy Minister
Ministry of Finance
|
|
|
ASIAN DEVELOPMENT BANK
By________________
ERIC SIDGWICK
Country Director
Viet Nam Resident Mission
|
SCHEDULE
1
Description of the Program
1. The principal objective of the Program is to
improve the quality of and access to local health care services for people in
disadvantaged and remote areas of the Borrower. The scope of the Program
includes (i) strengthening public investment management for local health care;
(ii) improving service delivery models for the local health care network; and
(iii) strengthening the development and management of the local health care
workforce.
2. The Program is described in more detail in the
Policy Letter.
3. The disbursement of Loan proceeds under the
Program is expected to be completed by 31 March 2020.
SCHEDULE
2
Amortization Schedule
|
|
Date Payment Due
|
Payment of Principal (Expressed in US Dollars)
|
|
|
1 May 2024
|
2,215,000
|
|
|
1 November 2024
|
2,215,000
|
|
|
1 May 2025
|
2,215,000
|
|
|
1 November 2025
|
2,215,000
|
|
|
1 May 2026
|
2,215,000
|
|
|
1 November 2026
|
2,215,000
|
|
|
1 May 2027
|
2,215,000
|
|
|
1 November 2027
|
2,215,000
|
|
|
1 May 2028
|
2,215,000
|
|
|
1 November 2028
|
2,215,000
|
|
|
1 May 2029
|
2,215,000
|
|
|
1 November 2029
|
2,215,000
|
|
|
1 May 2030
|
2,215,000
|
|
|
1 November 2030
|
2,215,000
|
|
|
1 May 2031
|
2,215,000
|
|
|
1 November 2031
|
2,215,000
|
|
|
1 May 2032
|
2,215,000
|
|
|
1 November 2032
|
2,215,000
|
|
|
1 May 2033
|
2,215,000
|
|
|
1 November 2033
|
2,215,000
|
|
|
1 May 2034
|
2,215,000
|
|
|
1 November 2034
|
2,215,000
|
|
|
1 May 2035
|
2,215,000
|
|
|
1 November 2035
|
2,215,000
|
|
|
1 May 2036
|
2,215,000
|
|
|
1 November 2036
|
2,215,000
|
|
|
1 May 2037
|
2,215,000
|
|
|
1 November 2037
|
2,215,000
|
|
|
1 May 2038
|
2,215,000
|
|
|
1 November 2038
|
2,215,000
|
|
|
1 May 2039
|
2,215,000
|
|
|
1 November 2039
|
2,215,000
|
|
|
1 May 2040
|
2,215,000
|
|
|
1 November 2040
|
2,215,000
|
|
|
1 May 2041
|
2,215,000
|
|
|
1 November 2041
|
2,215,000
|
|
|
1 May 2042
|
2,215,000
|
|
|
1 November 2042
|
2,215,000
|
|
|
1 May 2043
|
2,215,000
|
|
|
1 November 2043
|
2,215,000
|
|
|
Total
|
88,600,000
|
* The arrangements for payment are subject to the
provisions of Sections 3.04 and 4.03 of the Loan Regulations.
SCHEDULE
3
Withdrawal of Loan Proceeds
1. Except as set out in this Schedule or as ADB may
otherwise agree, the Loan proceeds shall be disbursed in accordance with the
Loan Disbursement Handbook.
2. An application for withdrawal from the Loan
Account shall be submitted to ADB by the Borrower and shall be in a form
satisfactory to ADB.
3. (a) Prior to submitting the first application to
ADB for withdrawal from the Loan Account, the Borrower shall nominate an
account (the Deposit Account) at a commercial bank into which all withdrawals
from the Loan Account shall be deposited. The Deposit Account shall be
established, managed and liquidated in accordance with the applicable
regulations and procedures of the Borrower.
(b) Separate accounts and records in respect of the
Deposit Account shall be maintained in accordance with accounting principles
acceptable to ADB. Upon ADB’s request, the Borrower shall have the financial
statements for the Deposit Account audited by independent auditors, whose
qualifications, experience and terms of reference are acceptable to ADB, in
accordance with international standards for auditing or the national equivalent
acceptable to ADB. Promptly after their preparation but in any event not later
than 6 months after the date of ADB’s request, copies of such audited financial
statements and the opinion of the auditors on the financial statements, in the
English language, shall be furnished to ADB.
4. No Loan proceeds shall be withdrawn to finance
any item specified in the Attachment to this Schedule.
5. The Borrower may withdraw the Loan upon
effectiveness of this Loan Agreement.
Attachment to
Schedule 3
Negative List
No withdrawals of Loan proceeds will be made for
the following:
(i) expenditures for goods included in the
following groups or sub-groups of the United Nations Standard International
Trade Classification, Revision 3 (SITC, Rev. 3) or any successor groups or
sub-groups under future revisions to the SITC, as designated by ADB by notice
to the Borrower:
Table: Ineligible
Items
|
Chapter
|
Heading
|
Description of
Items
|
|
112
|
|
Alcoholic beverages
|
|
121
|
|
Tobacco, unmanufactured; tobaco refuse
|
|
122
|
|
Tobaco, manufactured (whether or not containing
tobaco substitute
|
|
525
|
|
Radioative and associated materials
|
|
667
|
|
Pearls, precious and semiprecious stones,
unworked or worked
|
|
718
|
718.7
|
Nuclear reactors, and parts thereof, fuel
elements (cartridges), nonirradiated for nuclear reators
|
|
728
|
728.43
|
Tobaco processing machinery
|
|
897
|
897.3
|
Jewelry of gold, silver or platinum-group metals
(except watches and watch cases) and goldsmiths’ or silversmiths’ wares
(including set gems)
|
|
971
|
|
Gold, nonmonetary (excluding gold ore and
concentrates)
|
|
Source: Unites Nations.
|
|
(ii)
|
expenditures in the currency of the Borrower or
for goods supplied from the territory of the Borrower;
|
|
(iii)
|
expenditures for goods supplied under a contract
that any national or international financing institution or agency will have
financed or has agreed to finance, Including any contract financed under any
loan or grant from the ADB;
|
|
(iv)
|
expenditures for goods intended for a military or
paramilitary purpose or for luxury consumption;
|
|
(v)
|
expenditures for narcotics;
|
|
(vi)
|
expenditures for environmentally hazardous goods,
the manufacture, use or import of which is prohibited under the laws of the
Borrower or international agreements to which the Borrower is a party; and
|
|
(vii)
|
expenditures on account of any payment prohibited
by the Borrower in compliance with a decision of the United Nations Security
Council taken under Chapter VII of the Charter of the United Nations.
|
SCHEDULE
4
Program Implementation and Other Matters
Implementation Arrangements
1. The Program Executing Agency shall oversee and
coordinate the timely implementation of the policy actions.
2. The Borrower shall ensure that the Loan proceeds
are made available to the Program Executing Agency for development and
implementation of health policies and plans consistent with the Program.
Policy Actions and Dialogue
3. The Borrower, through MOH, shall ensure that all
policy actions adopted under the Program, as set forth in the Policy Letter and
the Policy Matrix, continue to be in effect for the duration of the Program.
4. The Borrower, through MOH, shall keep ADB
informed of policy discussions with other multilateral and bilateral aid
agencies that may have implications for the implementation of the Program and
shall provide ADB with an opportunity to comment on any resulting policy
proposals. The Borrower shall take into account ADB's views before finalizing
and implementing any such proposal.
Use of Counterpart Funds
5. The Borrower shall ensure that the Counterpart
Funds are used to finance the implementation of certain programs and activities
consistent with the objectives of the Program.
Governance and Anticorruption
6. The Borrower and the Program Executing Agency
shall (a) comply with ADB's Anticorruption 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 Program; and (b) cooperate with any such investigation and
extend all necessary assistance for satisfactory completion of such
investigation.
Monitoring and Review
7. The Program reviews shall be carried out and
performance shall be monitored in conjunction with the Project reviews and
monitoring, as detailed in the Project Grant Agreement.
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 ofGoods 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 ADB 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 accountsand 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 APB
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
By________________
TRAN XUAN HA
Deputy Minister
Ministry of Finance
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ASIAN DEVELOPMENT BANK
By________________
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:
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Component 1:
Strengthening Equipment Management for Local Health Care facilities at
district level
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(a)
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equipping DHCs with
preventive and curative functions to deliver health services;
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(b)
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equipping DHCs which
operate centralized testing units to meet quality and biosafety standards;
and
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(c)
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equipping DHCs to meet
the service delivery requirements of the family medicine model.
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Component 2:
Improving Implementation of Service Models for the Local Health Care Network
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(a)
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piloting implementing
service models for disease surveillance and response, primary health care,
family medicine principles; and
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(b)
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conducting health
information, education and communication campaigns on improved service
models.
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Component 3:
Strengthening the Local Health Care Workforce Financing, Management and
Development
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(a)
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assessing local health
care human resources capacity for health security functions, family medicine,
and service management;
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(b)
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providing recommendations
for further policy reforms for local health care delivery; and
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(c)
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delivering the training
program on family medicine; and implementing trainings addressing health
security, and service management capacity gaps.
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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,
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(a)
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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
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(b)
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if the amount of the
Grant allocated to any Category appears to exceed all agreed expenditures in
that Category, ADBmay, in consultation with the Recipient, reallocate such
excess amount to any other Category.
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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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6,094,905
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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 shalt cause the EA to,
ensure that;
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(a)
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the procurement of
Goods and Services is carried out in accordance with the Procurement Policy
and the Procurement Regulations;
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(b)
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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
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(c)
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(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.
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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 the Project,
an assurance that a suitable increase in the annual allocation for operations
and maintenance budget of medial and 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,
and 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:
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(a)
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submit semi-annual
Safeguards Monitoring Reports to ADB and disclose relevant information from
such reports to affected persons promptly upon submission;
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(b)
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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
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(c)
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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.
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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 Antlcorruption
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.