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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:
30/2016/TB-LPQT
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Hà
Nội, ngày 30 tháng 5 năm 2016
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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:
Hiệp định thành lập Cơ quan nghiên
cứu kinh tế vĩ mô ASEAN + 3 (Agreement Establishing ASEAN + 3 Macroeconomic
Research Office) ký ngày 10 tháng 10 năm 2014 tại
Oa-xinh-tơn có hiệu lực với Việt Nam kể từ ngày 09 tháng 02 năm 2016.
Khi tham gia Hiệp định thành lập Cơ
quan nghiên cứu kinh tế vĩ mô ASEAN+3 (AMRO), Cộng hòa xã hội chủ nghĩa Việt
Nam tuyên bố:
“Tại Điều 19 Việt Nam sẽ áp
dụng nội luật đối với việc đánh thuế lên lương và thù lao của công dân Việt Nam
làm việc cho AMRO nếu AMRO thành lập văn phòng tại Việt Nam”.
Bộ Ngoại giao trân trọng gửi bản sao
chứng thực Hiệp định 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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Agreement Establishing ASEAN+3 Macroeconomic Research
Office ("AMRO")
THE CONTRACTING PARTIES,
Recalling the Chiang Mai Initiative
Multilateralisation (hereinafter referred to as “CMIM") to establish a
multilateral liquidity support arrangement under the ASEAN+3 framework to
address balance-of-payments and short-term liquidity difficulties in the
region;
Whereas the parties to the CMIM agreed under
the CMIM to establish a surveillance unit;
Recognising that ASEAN+3 Macroeconomic
Research Office Limited (hereinafter referred to as “AMRO Ltd") was
established in 2011 on the initiative of the ASEAN+3 Finance Ministers'
Meeting;
Desiring to constitute AMRO as an
international organisation with full legal personality to take over the role of
AMRO Ltd so that it can function effectively as an independent surveillance
unit in the region; and
Convinced that the establishment of AMRO will
serve as an important step forward to promote regional financial cooperation
through a permanent institution which will underpin regional financial
stability together with a strengthened CMIM;
HAVE AGREED AS FOLLOWS:
CHAPTER 1
ESTABLISHMENT, PURPOSE AND FUNCTIONS
Article
1
Establishment
and Members
(1) By this Agreement, the Contracting Parties
establish ASEAN+3 Macroeconomic Research Office (hereinafter referred to as
“AMRO”) as an international organisation which shall have full legal
personality and the legal capacity for carrying out its purpose and functions.
(2) The Contracting Parties that have ratified,
accepted or approved this Agreement shall be members of AMRO in accordance with
Articles 25 and 26.
Article
2
Purpose
The purpose of AMRO is to contribute to securing
the economic and financial stability of the region through conducting regional
economic surveillance and supporting the implementation of the regional
financial arrangement. The term "regional financial arrangement” means the
multilateral liquidity support arrangement under the ASEAN +3 framework to
address potential and actual balance-of-payments and short-term liquidity
difficulties in the region.
Article
3
Functions
To fulfil its purpose, AMRO shall have the
following functions:
(a) to monitor, assess and report to members on
their macroeconomic status and financial soundness;
(b) to identify for members macroeconomic and
financial risks and vulnerabilities in the region and assist them, if
requested, in the timely formulation of policy recommendations to mitigate such
risks;
(c) to support members in the implementation of the
regional financial arrangement; and
(d) to conduct such other activities necessary for
achieving the purpose of AMRO as may be determined by the Executive Committee.
CHAPTER 2
OPERATIONS
Article
4
Cooperation
of Members
(1) Each member shall provide AMRO with relevant
information and assistance as may reasonably be required for its surveillance
and other activities provided for under Article 3 to the extent permissible
under its applicable laws and regulations. Members shall be under no obligation
to provide information in such detail that the affairs of individuals or
corporations are disclosed.
(2) Each member shall cooperate with AMRO in good
faith in AMRO’s surveillance and other activities provided for under Article 3.
Article
5
Operations
In order to fulfil its purpose and functions under
Article 2 and Article 3;
(a) AMRO shall use the information provided by
members under Article 4 appropriately;
(b) AMRO may conduct consultations with each member
on an annual basis (“Annual Consultation Visits") on such issues as may be
relevant to the purpose and functions of AMRO under this Agreement;
(c) AMRO, independently and without undue influence
of any member, shall prepare such reports as it deems desirable in carrying out
its purpose and functions, and communicate its views informally and
confidentially to any member on any matters arising under this Agreement that
may affect such member;
(d) AMRO shall publish such reports as it deems
desirable for carrying out its purpose and functions in accordance with
subparagraph (2) (f) of Article 8; and
(e) AMRO may cooperate with members, international
organisations or institutions in related fields within the terms of this
Agreement, and enter into agreements with them. No member shall be liable, by
reason of its status or participation in AMRO, for acts, omissions or
obligations of AMRO arising out of such agreements.
CHAPTER 3
GOVERNANCE
Article
6
Structure
AMRO shall have an Executive Committee, an Advisory
Panel, a Director and staff.
Article
7
Executive
Committee: Composition
(1) Each member shall be represented on the
Executive Committee and for this purpose may appoint up to two Deputies: one
finance deputy from its government with responsibility for finance and one
central bank deputy from its central bank or its equivalent. Any such
appointment may be revoked at any time by the member that made the appointment.
(2) Each Deputy shall appoint an alternate who
shall have full power to act on his or her behalf when the former is not
present.
(3) Notwithstanding paragraphs (1) and (2) above,
Hong Kong Special Administrative Region of the People’s Republic of China
(hereinafter referred to as "Hong Kong, China") may appoint one
Deputy only.
Article
8
Executive
Committee: Powers and Procedures
(1) All powers of AMRO under this Agreement that
are not otherwise conferred on the Advisory Panel or the Director shall be
vested in the Executive Committee.
(2) The Executive Committee shall maintain
strategic oversight of and set policy directions for AMRO and, in particular:
(a) review the reports prepared under Article 3 and
Article 5 and such other reports and assessments as may be prepared by the
Director, including any input provided by the Advisory Panel;
(b) review and approve its annual reports which set
out the performance of the functions and duties of AMRO containing an audited
statement of AMRO's financial accounts and staffing levels;
(c) review and approve the staffing levels, annual
budget, and work programme of AMRO;
(d) oversee the appointment process for, appoint,
suspend or terminate the employment of the Director in accordance with Article
11 where necessary, and review the performance of the Director;
(e) appoint the Advisory Panel members, and suspend
or terminate any such appointments; and
(f) set the publication policy of AMRO.
(3) The Executive Committee may promulgate such
rules, regulations, policies and procedures as may be necessary or appropriate
to conduct the business of AMRO.
(4) The Executive Committee may establish such
committees as are necessary and appropriate to facilitate the general
operations of AMRO.
(5) The Executive Committee shall meet at such
frequency and at such place as it may determine and shall be jointly chaired by
a Deputy from each of the coordinating countries, which consist of two members,
one from among the ASEAN Member States and the other from among the People's
Republic of China, Japan and the Republic of Korea.
Article
9
Voting
(1) A quorum for any meeting of the Executive
Committee shall be a majority of the Deputies who, in aggregate, exercise not
less than two-thirds of the total voting power as set out in the Schedule to
this Agreement.
(2) The decisions of the Executive Committee shall
be taken by consensus. If consensus cannot be reached, such decisions of the
Executive Committee shall be effective if approved by no less than two-thirds
of the total voting power as set out in the Schedule to this Agreement.
(3) When two Deputies represent one member, they
shall cast their votes as a unit. For the avoidance of doubt, the votes of the
People’s Republic of China and Hong Kong, China shall be cast separately.
Article
10
Advisory Panel
(1) The Advisory Panel shall provide timely
strategic, technical and professional input to AMRO‘s macroeconomic assessments
and recommendations to the Director.
(2) The Advisory Panel shall be independent from
the Director and the staff of AMRO, and shall be accountable to the Executive
Committee.
(3) The Advisory Panel shall consist of not more
than six members who are distinguished and respected economists under such
terms and conditions as the Executive Committee may determine. The Advisory
Panel members shall be appointed by the Executive Committee.
Article
11
Director and Staff
(1) The Executive Committee shall appoint a
Director. The Director shall hold office on such terms as determined by the
Executive Committee.
(2) The appointment of the Director shall be guided
by the principles of meritocracy, transparency and openness.
(3) The Director shall, unless directed otherwise
by the Executive Committee, participate in the meetings of the Executive
Committee.
(4) The Director shall:
(a) provide the Executive Committee with periodic
assessments of macroeconomic and financial conditions and policies in the
region;
(b) be accountable to the Executive Committee and
subject to its general control;
(c) be chief of the staff of AMRO and, unless the
Executive Committee decides otherwise, be responsible for the organisation,
appointment and dismissal of staff and overall performance of AMRO;
(d) represent AMRO and conduct the current business
of AMRO;
(e) submit to the Executive Committee an annual
report; and
(f) submit to the Executive Committee a plan of the
staffing levels, annual budget, and annual work programme of AMRO for review
and approval.
(5) The Director and the staff shall, in the
discharge of their functions, owe their duty entirely to AMRO and to no other authority.
Members shall respect the international character of this duty and shall
refrain from all attempts to influence any of the staff in the discharge of
these functions.
(6) In appointing the staff, the Director shall,
subject to the paramount importance of securing the highest standards of
efficiency and of technical competence, pay due regard to the importance of
recruiting staff on as wide a regional geographical basis as possible.
Article
12
Confidentiality
Deputies and their alternates, members of the
Advisory Panel, the Director and staff, experts performing missions for AMRO
and any other persons who work or have worked for or in connection with AMRO
shall not disclose information that they receive while discharging or
purporting to discharge their duties unless approved by the Executive
Committee. Their obligation to maintain the confidentiality of such information
shall continue after their duties to AMRO have ceased. Throughout this
Agreement, the term “experts performing missions for AMRO” refers to
professionals carrying out AMRO's purpose and functions under contract with
AMRO.
Article
13
Budget and Finance
(1) AMRO shall be provided with the necessary
financial resources to perform its functions effectively.
(2) AMRO shall establish financial rules and
procedures in accordance with international standards. AMRO shall observe sound
and prudent financial management policies and practices and budgetary
discipline consistent with international best practices.
(3) Office-related expenses shall, on a reasonable
basis, be borne by the Republic of Singapore as host country, and shall be
remitted in a timely manner.
(4) All remaining expenses (including, but not
limited to, human resources-related expenses) shall be borne by members in
accordance with their contribution in the proportions set out in the Schedule
to this Agreement. The members shall remit their contribution in a timely
manner upon approval of their respective annual budgetary appropriations.
(5) AMRO may not borrow funds unless otherwise
approved by the Executive Committee.
Article
14
Communication
(1) Each member may designate up to two appropriate
official entities with which AMRO may communicate in connection with any matter
arising under this Agreement. AMRO shall address all such communications to
such designated official entities.
(2) Whenever the approval of any member is required
under this Agreement before any act may be done by AMRO, approval shall be
deemed to have been given unless the member presents a written objection within
such reasonable period as the Executive Committee may determine when it
notifies the member of the proposed act.
(3) The official language of AMRO shall be English.
Article
15
Location
The Headquarters of AMRO shall be located in the
Republic of Singapore.
CHAPTER 4
STATUS, PRIVILEGES AND IMMUNITIES
Article
16
Purposes of Status, Privileges and Immunities
The legal status, privileges, immunities, and
exemptions set out in this Agreement shall be accorded to AMRO in the territory
of each member to enable AMRO to effectively exercise its purpose and
functions.
Article
17
Legal Status of AMRO
AMRO shall have full legal personality and, in
particular, full legal capacity to:
(a) enter into contracts;
(b) acquire and dispose of immovable and movable
property; and
(c) institute legal proceedings.
Article
18
Privileges and immunities of AMRO
(1) AMRO shall enjoy immunity from every form of
legal process except to the extent that it expressly waives its immunity for
the purpose of any proceedings or under the terms of any contract.
(2) The property and assets of AMRO shall, wherever
located and by whomsoever held, be immune from search, requisition,
confiscation, expropriation or any other form of seizure, taking or foreclosure
by executive or legislative action.
(3) The archives of AMRO, and all documents
belonging to it, or held by it, shall be inviolable.
(4) To the extent necessary to carry out its
functions, all property and assets of AMRO shall be tree from restrictions,
regulations, controls and moratoria of any nature.
(5) Official communications of AMRO shall be
accorded by each member treatment not less favourable than that it accords to
the official communications of any other member.
(6) No censorship shall be applied to the official
correspondence and other official communications of AMRO. Nothing in this
Article shall be construed to preclude the adoption of appropriate security
precautions to be determined by agreement between a member and AMRO.
(7) AMRO, its assets, property, income, and its
operations and transactions shall be exempt from all taxation and from all
customs duties. AMRO shall also be exempt from any obligation for the payment,
withholding or collection of any tax or duty. Notwithstanding this, it is
understood, however, that AMRO shall not claim exemption from taxes which are,
in fact, no more than charges for public utility services.
Article
19
Privileges and Immunities of AMRO Personnel
Deputies and their alternates, members of the
Advisory Panel, the Director and staff of AMRO, and experts performing missions
for AMRO (hereinafter referred to as “AMRO Personnel”):
(a) shall be immune from legal process with respect
to words spoken and written and acts performed by them in their official
capacity and shall enjoy inviolability in respect of their official papers and
documents except when AMRO waives this immunity;
(b) where they are not local citizens or nationals,
shall be granted the same immunities from immigration restrictions, alien
registration requirements and national service obligations and the same
facilities as regards exchange restrictions as are accorded by each member to
the representatives and staff of comparable rank of any other member;
(c) shall be granted the same treatment in respect
of travelling facilities as is accorded by each member to the representatives
and staff of comparable rank of any other member; and
(d) where they are not local citizens or nationals,
shall be exempt from taxation on the salaries and emoluments paid to them by
AMRO.
Article
20
Implementation
(1) Each member shall take the action necessary to
give effect in its own territory to the legal status, privileges, immunities,
exemptions and facilities of AMRO and AMRO Personnel set out in Articles 17, 18
and 19 and shall inform AMRO of the action that it has taken on the matter.
(2) Notwithstanding the other provisions of this
Agreement, in the territories where AMRO is not located, the legal status,
privileges, immunities, exemptions and facilities set out in this Agreement may
be accorded to AMRO and AMRO Personnel to the extent permitted by the laws and
regulations of the respective members: Nevertheless, privileges, immunities,
exemptions and facilities referred to in Articles 18 and 19 for AMRO's
fundamental necessities as determined by the Executive Committee shall be
respected by such members.
(3) The provisions of this Agreement shall in no
way limit or prejudice the privileges and immunities which may hereafter be
accorded by any member to AMRO and AMRO Personnel by reason of the location of
AMRO in the territory of that member. This Agreement shall not be deemed to
prevent the conclusion between any member hereto and AMRO of supplemental agreements
adjusting the provisions of this Agreement or extending or curtailing the
privileges and immunities hereby granted.
Article
21
Waiver of Immunity
(1) Privileges and immunities are granted to AMRO
Personnel in the interest of AMRO only and not for the personal benefit of the
individuals themselves.
(2) The Executive Committee may waive to such
extent and upon such conditions as it determines any of the immunities
conferred under this Chapter in respect of Deputies and their alternates,
members of the Advisory Panel, and the Director.
(3) The Director may waive any such immunity in
respect of any staff of and experts performing missions for AMRO other than
himself or herself.
(4) AMRO shall cooperate at all times with the
appropriate authorities of members to facilitate the proper administration of
justice, secure the observance of police regulations, respect and comply with
focal laws and prevent the occurrence of any abuse in connection with the
privileges and immunities provided under this Agreement.
CHAPTER 5
FINAL PROVISIONS
Article
22
Amendments
(1) Any member may at any time propose to the
Executive Committee amendments to this Agreement.
(2) The Executive Committee may adopt any proposed amendment
of this Agreement only where consensus can be reached amongst the Deputies. For
the avoidance of doubt, paragraph (2) of Article 9 relating to voting by the
Executive Committee shall not apply to this Article.
(3) Amendments to this Agreement shall enter into
force on the ninetieth (90th) day after the date on which they have
been ratified, accepted or approved by all members. The instruments of such
ratification, acceptance or approval shall be dealt with in accordance with the
procedure provided for in Article 25.
Article
23
Interpretation and Dispute Settlement
(1) Members shall endeavour to settle disputes
concerning the interpretation or application of this Agreement within six (6)
months from the occurrence of such disputes through negotiation.
(2) Any dispute that cannot be settled under
paragraph (1) above shall be submitted to the Executive Committee, whose
decision shall be final.
(3) lf a dispute should arise between AMRO and a
government which has ceased to be a member, or between AMRO and any member
after terminating the operations of AMRO, such dispute shall be submitted to
arbitration by a tribunal of three arbitrators, one appointed by AMRO, another
by former member or the government concerned, and the third, unless the parties
concerned otherwise agree, by the President of the International Court of
Justice or such other authority as may have been prescribed by regulations
adopted by the Executive Committee, A majority vote of the arbitrators shall be
sufficient to reach a decision which shall be final and binding upon the
parties. The third arbitrator shall be empowered to settle all questions of
procedure in any case where the parties are in disagreement with respect
thereto.
Article
24
Signature and Deposit
(1) The original of this Agreement in a single copy
in the English language shall be signed by the Contracting Parties (hereinafter
referred to as the ''Signatories"), who shall then deposit the signed
Agreement with the Secretary-General of the Association of Southeast Asian
Nations (hereinafter referred to as the “Depositary").
(2) The Depositary shall communicate certified
copies of the signed Agreement to all the Signatories.
Article
25
Ratification, Acceptance or Approval
(1) This Agreement shall be subject to
ratification, acceptance or approval by the Signatories. Instruments of
ratification, acceptance or approval shall be deposited with the Depository,
who shall notify the other Signatories of each deposit and the date thereof.
(2) A Signatory whose instrument of ratification,
acceptance or approval is deposited before the date on which this Agreement
enters into force, shall become a member on the date of the Agreement’s entry
into force. Any other Signatory, which complies with paragraph (1) above, shall
become a member of AMRO upon the date of deposit of its instrument of
ratification, acceptance or approval with the Depositary, which shall notify
the other members thereof.
Article
26
Entry into Force
This Agreement shall enter into force on the sixtieth
(60th) day following the deposit of Instruments of ratification,
acceptance or approval by the Peoples Republic of China, Japan, the Republic of
Korea, and at least five (5) ASEAN Member States including the Republic of
Singapore.
Article
27
Membership and Withdrawal
(1) Membership of AMRO shall be open to governments
whose relevant authorities are parties to the regional financial arrangement on
the condition that they accept the obligations contained in this Agreement and
are able and willing to carry out these obligations.
(2) Following the approval by the Executive
Committee, an applicant shall become a member upon deposit of an instrument of
accession with the Depositary, who shall notify the other members thereof.
(3) Any member whose relevant authorities cease to
be parties to the regional financial arrangement may withdraw from AMRO at any
time by delivering a notice in writing to Headquarters of AMRO. A withdrawing
member shall remain liable for all direct and contingent obligations to AMRO to
which it was subject at the date of cessation of membership.
(4) Withdrawal by a member shall become effective,
and its membership shall cease, on the date specified in its notice but in no
event earlier than six (6) months after the date that notice has been received
by Headquarters of AMRO.
Article
28
Transitional Arrangement
The Executive Committee shall have oversight over
the transitional arrangement between AMRO Ltd and AMRO.
IN WITNESS WHEREOF, the undersigrsed, being duly
authorised thereto by their respective governments, have signed this Agreement.
Done in Washington, District of Columbia, United
States of America on the tenth day of October in the year two thousand and fourteen
in a single original in the English language which shall be deposited with the
Secretary-General of the Association of Southeast Asian Nations in accordance
with Article 24.
For the Government of Brunei Darussalam
For the Government of the Kingdom of Cambodia
For the Government of the Republic of Indonesia
For the Government of the Lao People’s Democratic
Republic
For the Government of Malaysia
For the Government of the Republic of the Union of
Myanmar
For the Government of the Republic of the
Philippines
For the Government of the Republic of Singapore
For the Government of the Kingdom of Thailand
For the Government of the Socialist Republic of
Viet Nam
For the Government of the People’s Republic of
China
For the Government of Japan
For the Government of the Republic of Korea
For the Government of Hong Kong, China
I hereby certify that the foregoing text is a true
copy of the Agreement Establishing the ASEAN + 3 Macroeconomic Research Office
("AMRO"), 2014, concluded in Washington. District of Columbia, United
States of America, on 10 October 2014, the original of which has been deposited
with the Secretary-General of ASEAN
For the Secretary-General of ASEAN
Deputy Secretary-General
Community and Corporate Affairs Department
ASEAN Secretariat
17 October 2014
Schedule
Contributions and Voting-Power Distribution
|
|
Financial
contribution
|
Basic votes
|
Votes based on
contribution
|
Total voting power
|
|
|
(%)
|
(no. of vote)
|
(no. of vote)
|
(no. of vote)
|
(%)
|
|
China
|
China (excl. HK)
|
32.0
|
28350
|
3.20
|
68.40
|
71.60
|
25.43
|
|
Hong Kong, China
|
3.50
|
0.00
|
8.40
|
8.40
|
2.98
|
|
Japan
|
32.00
|
3.20
|
76.80
|
80.00
|
28.41
|
|
Korea
|
16.00
|
3.20
|
38.40
|
41.60
|
14.77
|
|
Plus 3
|
80.00
|
9.60
|
192.00
|
201.60
|
71.59
|
|
Indonesia
|
3.793
|
3.20
|
9.104
|
12.304
|
4.369
|
|
Thailand
|
3.793
|
3.20
|
9.104
|
12.304
|
4.369
|
|
Malaysia
|
3.793
|
3.20
|
9.104
|
12.304
|
4.369
|
|
Singapore
|
3.793
|
3.20
|
9.104
|
12.304
|
4.369
|
|
Philippines
|
3.793
|
3.20
|
9.104
|
12.304
|
4.369
|
|
Vietnam
|
0.833
|
3.20
|
2.00
|
5.20
|
1.847
|
|
Cambodia
|
0.100
|
3.20
|
0.24
|
3.44
|
1.222
|
|
Myanmar
|
0.050
|
3.20
|
0.12
|
3.32
|
1.179
|
|
Brunei
|
0.025
|
3.20
|
0.06
|
3.26
|
1.158
|
|
Lao PDR
|
0.025
|
3.20
|
0.06
|
3.26
|
1.158
|
|
ASEAN
|
20.00
|
32.00
|
48.000
|
80.00
|
28.41
|
|
Total
|
100.00
|
41.60
|
240.00
|
281.60
|
100.00
|