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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:
41/2018/TB-LPQT
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Hà Nội, ngày 09
tháng 10 năm 2018
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THÔNG BÁO
VỀ
VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Điều 56 của Luật
Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:
Thỏa thuận khung giữa Chính phủ nước Cộng hòa xã
hội chủ nghĩa Việt Nam và Chính phủ nước Cộng hòa Ấn Độ về hợp tác khai thác và
sử dụng vũ trụ cho mục đích hòa bình, ký tại Hà Nội, ngày 03 tháng 9 năm
2016, có hiệu lực đối với Việt Nam từ ngày 17 tháng 7 năm 2018.
Bộ Ngoại giao trân trọng gửi bản sao Thỏa thuận
theo quy định tại Điều 59 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 Hải Triều
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FRAMEWORK AGREEMENT
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE
REPUBLIC OF INDIA ON COOPERATION IN THE EXPLORATION AND USES OF OUTER SPACE FOR
PEACEFUL PURPOSES
The Government of the Socialist Republic of Viet
Nam
and
The Government of the Republic of India
(hereinafter jointly referred to as the
"Parties"),
INTENDING to place the achievements in the
exploration and use of outer space for peaceful purposes for the benefit of the
people of both Countries;
TAKING INTO ACCOUNT the mutual interest in
expanding the application of space technology for peaceful purposes;
EXPRESSING THEIR DESIRE to develop the
organisational basis and effective forms of bilateral interaction and to
promote the development of partnership relations in the field of exploration of
outer space and application of space technologies for the benefit of the people
of both Countries;
SEEKING to preserve outer space for peaceful
purposes open to wide international cooperation;
DESIRING to establish an overall legal
framework to facilitate cooperation in the peaceful uses of outer space between
both Parties and the conclusion of Implementing Arrangements for cooperation
between their Implementing Agencies;
PURSUANT to the prevailing laws and
regulations of the respective Countries;
HAVE AGREED AS FOLLOWS;
ARTICLE
1
Purpose
The Parties shall promote cooperation between the
two Countries in the field of outer space research and use of outer space for
peaceful purposes in accordance with the respective national laws and
regulations in force and their international obligations, commitments and
principles of international law.
ARTICLE
2
Implementing
Agencies and Designated Institutions
1. Ministry of Natural Resources and Environment
(MONRE) from Viet Nam side and Indian space Research Organisation (ISRO),
Department of Space (DOS) from Indian side are identified as the Implementing
Agencies which shall be responsible for the development, coordination and
control of cooperation envisaged under this Framework Agreement between the
Government of the Socialist Republic of Viet Nam and the Government of the
Republic of India on Cooperation in the Exploration and Uses of Outer Space for
Peaceful Purposes (hereinafter referred to as the “Agreement”). Related
agencies of both Countries Including the Ministry of Science and Technology of
Viet Nam, Viet Nam Academy of Science and Technology and other relevant
agencies are envisaged to be involved in the implementation of this Agreement.
2. The Parties or the Implementing Agencies within
the limits of their competence may designate other institutions to develop
Cooperative Programmes in areas enumerated in Article 3 below. In such a case,
that Party or Implementing Agency shall duly notify the other Party or
Implementing Agency the designated institution in charge of this Cooperative
Programme.
3. Designation of any other institutions for the
development and execution of the Cooperative Programmes as stipulated in
Article 3 of this Agreement shall be mutually agreed upon by the Parties.
ARTICLE
3
Areas
of Cooperation
1. Cooperation within the scope of this Agreement
shall be carried out in the following areas:
(i). Remote sensing of the earth;
(ii). Satellite communication and satellite based
navigation;
(iii). Space science and planetary exploration;
(iv). Use of spacecraft, space systems and ground
system;
(v). Practical applications of space technology
including geospatial tools and techniques; and
(vi). Other areas of cooperation to be determined
by the Parties.
2. Additional areas of space cooperation shall be
determined by mutual agreement between the Parties.
ARTICLE
4
Forms
of Cooperation
1. Cooperation within the scope of this Agreement
shall be carried out in the following forms:
(i) Planning and implementation of joint space
projects of mutual benefit and interest;
(ii) Establishment, Operation and Maintenance of
ground stations for supporting Indian remote sensing satellites’ data
reception, processing and utilisation and also to provide support for Indian
Space Research Organisation (ISRO)’s launch vehicle and satellite missions;
(iii) Establishment, Operation and Maintenance of
ground stations for supporting satellite navigation programmes;
(iv) Exchange of equipment, documentation, data,
results of experiments and scientific and technological information;
(v) Development of micro and mini satellites for
scientific purposes;
(vi) Joint research and development activities,
launch services, operation and utilisation of satellites;
(vii) Developing multidisciplinary forms of
cooperation in the practical applications of space technology and using the
spin-off benefits of space technologies;
(viii) Capacity building in space science and
technology and space application programmes for societal purposes;
(ix) Development of ground infrastructure for joint
satellites pregrammes;
(x) Exchange of technical and scientific personnel
designated to participate in the cooperative programmes;
(xi) Organisation of joint symposia, conferences
and scientific meetings;
(xii) Organisation of training programmes in areas
of mutual interest.
2. Additional forms of cooperation shall be
determined in writing upon mutual consent between the Parties.
ARTICLE
5
Implementing
Arrangements and Cooperative Programmes
1. For the implementation of this Agreement, the
Parties may conclude specific Implementing Arrangements, which shall refer to
and be subject to this Agreement, unless the Parties agree otherwise.
2. Under this Agreement, A specific Project “ASEAN
- India Tracking and Data Reception Station and Data Processing Facility” using
ASEAN - India Fund shall be developed between Department of National Remote
Sensing under MONRE Viet Nam and ISRO under DOS India.
3. The Implementing Agencies and other designated
institutions may, subject to procedures established by the laws and regulations
of their respective Countries:
a) agree on specific Cooperative Programmes, which
will determine the principles, rules and procedures related to the
organisation, implementation and, if necessary, financial support to such
programmes;
b) conclude Implementing Arrangements, which shall
include, as appropriate, provisions related to the nature and scope of the
Cooperative Programmes and the individual and common responsibilities of the
Implementing Agencies or other designated institutions. Such Implementing
Arrangements shall refer to and be subject to this Agreement
4. In accordance with the prevailing laws,
regulations and policies of the respective Countries; and upon mutual written
consent of the Parties, any other third party may participate in the
Cooperative Programmes carried out within the framework of this Agreement. Such
participation from third parties shall be concluded in separate arrangements.
ARTICLE
6
Joint
Working Group and Project Teams
1. The Parties shall set up a Joint Working Group
with members from both Parties and co-chaired by nominees from both Parties for
the purpose of achieving the goals of this Agreement.
2. The Joint Working Group shall meet at least once
a year, alternately in India and Viet Nam.
3. The Joint Working Group shall be responsible for
examining the Cooperative Programmes, following up on them implementation,
promoting cooperation between both countries within the ambit of this
Agreement, and in a general manner examining all questions with respect to the
performance of this Agreement and finding insofar as possible an amicable
solution to any dispute that could arise between the Parties.
4. The Parties or, upon their authority, the
Implementing Agencies, may set up Project Teams if necessary, to manage
specific cooperative projects taken up under Implementing Arrangements.
ARTICLE
7
Principles
of Financing
1. The Parties intend that the mutually agreed
Programmes shall be performed on a cooperative basis. Funding arrangements for
such activities shall be agreed upon by the Parties mutually on a case by case
basis.
2. The financing of joint activities carried out pursuant
to this Agreement shall be provided by the Parties in accordance with the laws
and regulations of respective Parties and subject to the availability of funds
allocated for these purposes.
3. The detailed financing of each project shall be
drawn up in the respective implementing arrangement.
4. Nothing in this Article shall be construed as
creating additional obligations for the Socialist Republic of Viet Nam and the
Republic of India concerning budgetary provisions to finance cooperation
conducted pursuant to this Agreement.
ARTICLE
8
Intellectual
Property
1. The Parties and their Implementing Agencies and
other designated institutions, take the obligation to ensure effective
protection of intellectual property created and rights obtained from Cooperative
Programmes earned out under this Agreement, in accordance with prevailing
national laws of each Party and the international agreements to which they are
parties.
2. The specific and detailed terms and conditions
that will determine the ownership of intellectual property will be defined in
each Implementing Arrangement, if applicable.
3. The Implementing Agencies shall inform one
another in a timely fashion of any inventions or copyrighted works arising out
of this Agreement and Implementing Arrangements and promptly seek protection
for such intellectual property.
ARTICLE
9
Exchange
of Information
1. In accordance with their respective laws and
regulations, and observing the conditions of confidentiality envisaged under
Article 10 of this Agreement, the Parties and their Implementing Agencies shall
provide access, on a mutual basis and within a reasonable time, to the results
of scientific research and work jointly carried out within the framework of
this Agreement in accordance with the Implementing Arrangement in any chosen
area of cooperation.
2. The Parties shall exchange scientific and
technical results from any cooperation prepared and undertaken under this
Agreement and Implementing Arrangement. Such results cannot be transferred to
third Parties without prior mutual consent of the Parties.
3. The Parties, through their Implementing Agencies
according to their prevailing national laws concerning the information of
limited access, shall facilitate the mutual exchange of information concerning
the basic directions of their respective national space programmes in the
framework of this Agreement
ARTICLE
10
Confidentiality
1. All the information exchanged by the Parties and
Implementing Agencies in the course of implementation of cooperative programmes
shall be considered as confidential unless otherwise expressed by the Parties
in writing.
2. Each Implementing Arrangement will define,
inter-alia, the terms and conditions of confidential information exchange
related to the Cooperative Programme.
ARTICLE
11
Customs Regulations and Exchange of Personnel
1. In accordance with relevant current laws and
regulations, each Party shall consider, based on mutual submissions from the
Joint Working Group of this Agreement, to facilitate customs clearance and work
towards waiver of, all applicable customs duties and taxes for equipment and
related goods necessary for die implementation of this Agreement. Such
arrangements will be fully reciprocal and in accordance with the respective
relevant laws and regulations governing the Parties.
2. Each Party shall facilitate visits by the
personnel of the other Party in pursuance of this Agreement and for this
purpose take all actions necessary in order to facilitate the delivery by the
competent authorities of required visas.
3. The Parties shall ensure that its personnel and
equipment involved in the activities agreed under this Agreement shall respect
political independence, sovereignty and territorial integrity of the host
country, and shall have a duty not to interfere in internal affairs of the host
country.
ARTICLE
12
Transfer of goods and technical data
All activities of the Parties concerning transfer
of goods and technical data shall be carried out in accordance with their
current national laws and regulations.
ARTICLE
13
Liability
The Parties and their respective Implementing
Agencies agree on a comprehensive mutual waiver of claims among them and other
designated institutions for damages caused to their goods or personnel directly
involved in the implementation of this Agreement.
ARTICLE
14
Amendment
This Agreement may be amended at any time by mutual
written consent of the Parties through diplomatic channel. The amended
agreements shall be an integral part of this Agreement and shall not affect the
activities implementing under the framework of this Agreement.
ARTICLE
15
Settlement of Disputes
The Parties and Implementing Agencies shall
endeavour to resolve amicably any dispute concerning the interpretation and
implementation of this Agreement through direct negotiations and diplomatic
channels between the Parties.
ARTICLE
16
Entry into Force, Duration and Termination
1. This Agreement shall enter into force on the
date of receipt of the last written notice through diplomatic channels whereby
the Parties inform each other indicating the fulfilment of all internal legal
requirements necessary for its entry into force.
2. This Agreement shall remain in force for a
period of 10 (ten) years. Thereafter, it may be renewed by mutual written
consent of the Parties.
3. This Agreement may be terminated by either Party
by giving written notification through diplomatic channel. The termination
shall take effect six (6) months following the date of the notification.
4. In the event of the termination or expiration of
this Agreement, its provisions shall continue to apply to all Implementing
Arrangements in effect at the time of termination or expiration of all
unfinished programmes and projects, if the Parties do not agree otherwise. The
termination of this Agreement shall not serve as the basis for the revision or
termination of obligations of a financial or contractual nature still in force
and shall not affect the rights and obligations of legal persons and citizens
which have arisen before the termination of this Agreement.
5. After termination of this Agreement, both sides
may, by a separate arrangement, continue exchanging information relating to
relevant areas of cooperation in order to ensure national security; Such
information shall not be transferred to third Parties without prior mutual
consent of the Parties or without a replacement agreement after termination of
this Agreement.
IN WITNESS WHEREOF, the Undersigned, being duly
authorized thereto by their respective Governments, have signed this Agreement.
Done in Ha Noi city, on September 03, 2016, in two
originals in English.
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FOR THE
GOVERNMENT OF THE
SOCIALIST REPUBLIC OF VIET NAM
HE. Mr. Tran Hong Ha
Minister of Natural Resources
and Environment
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FOR THE
GOVERNMENT OF
THE REPUBLIC OF INDIA
HE. Mr. Parvathaneni Harish
Ambassador of India to Viet Nam
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