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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:
45/2018/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:
Công hàm trao đổi giữa Chính phủ nước Cộng hòa
xã hội chủ nghĩa Việt Nam và Chính phủ Nhật Bản cung cấp khoản viện trợ 1.
882.000.000 triệu Yên Nhật cho Dự án “Cải tạo phục hồi đường cống thoát nước
cũ, xuống cấp bằng công nghệ không đào hở tại Thành phố Hồ Chí Minh”, ký tại
Tô-ky-ô, Nhật Bản, ngày 31 tháng 5 năm 2018, có hiệu lực đối với Việt Nam từ
ngày 31 tháng 5 năm 2018.
Bộ Ngoại giao trân trọng gửi bản sao Công hàm 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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Tokyo, May 31, 2018
Excellency,
I have the honour to acknowledge the receipt of
Your Excellency's Note of today's date, which reads as follows:
1. (1) For the purpose of contributing to the
implementation of the Project for Trenchless Sewerage Pipe Rehabilitation in Ho
Chi Minh City (hereinafter referred to as "the Project") by the
Recipient, the Government of Japan has decided that a grant up to one billion
eight hundred and eighty-two million Japanese Yen (¥1,882,000,000) (hereinafter
referred to as "the Grant") will be extended to the Recipient,
subject to the relevant laws and regulations and budgetary appropriations of
Japan.
(2) The Grant will be made available by concluding
a grant agreement between the Recipient or its designated authority and the
Japan International Cooperation Agency (JICA) (hereinafter referred to as
"the G/A").
(3) The terms and conditions of the Grant as well
as the procedures for its utilization will be governed by the G/A within the
scope of the present understanding.
2. The Grant will be available during such period
as may be specified in the G/A, provided that the period will be between the
date of entry into force of the G/A and December 31, 2025. The period may be
extended by mutual consent between the authorities concerned of the two
Governments.
His Excellency
Mr. Taro Kono
Minister for Foreign Affairs of Japan
3. The Grant shall be used by the Recipient
properly and exclusively for the purchase of such products and/or services
necessary for the implementation of the Project as may be specified in the G/A
(hereinafter respectively referred to as the "Products" and the
"Services").
4 . The Recipient or its designated authority shall
enter into contracts in Japanese Yen with Japanese nationals for the purchase
of the Products and/or the Services (The term ''Japanese nationals" in the
present understanding means Japanese physical persons or Japanese juridical
persons controlled by Japanese physical persons and registered in Japan.) .
Such contracts will be verified by JICA to be eligible for the Grant.
5. The Grant will be executed by JICA, in
accordance with the provisions of the G/A, by making payments in Japanese Yen
to an account to be opened in the name of the Recipient at a bank in Japan
designated by the Recipient or its designated authority.
6. (1) The Recipient shall take necessary measures:
(a) to ensure that customs duties, internal taxes
and other fiscal levies which may be imposed in the country of the Recipient
with respect to the purchase of the Products and/or the Services be exempted or
be borne by its designated authority and shall not be covered by the Grant;
(b) to give due environmental and social
consideration in the implementation of the Project;
(c) to ensure that the Products and/or the Services
be maintained and used properly and effectively for the implementation of the
Project;
(d) to secure (a) lot(s) of land necessary for the
implementation of the Project and to clear the site(s);
(e) to provide facilities for distribution of
electricity, water supply and drainage and other incidental facilities necessary
for the implementation of the Project outside the site(s);
(f) to ensure prompt unloading, customs clearance
and internal transportation in the country of the Recipient of the Products;
(g) to accord the Japanese physical persons and/or
physical persons of third countries whose services may be required in
connection with the supply of the Products and/or the Services such facilities
as may be necessary for their entry into the country of the Recipient and stay
therein for the performance of their work; and
(h) to bear all the expenses, other than those
covered by the Grant, necessary for the Implementation of the Project.
(2) While ensuring fair treatment of sources of
information, the Recipient shall provide the Government of Japan with necessary
information, including information on corrupt practice, related to the Project.
(3) With regard to the shipping and marine
insurance of the Products, the Recipient shall refrain from imposing any
restrictions that may hinder fair and free competition among the shipping and
marine insurance companies.
(4) The Products and/or the Services shall not be
exported or re-exported from the country of the Recipient.
7. The two Governments shall consult with each
other in respect of any matter that may arise from or In connection with the
present understanding.
I have further the honour to confirm on behalf of
the Government of the Socialist Republic of Viet Nam the foregoing
understanding and to agree that Your Excellency's Note and this Note in reply
shall constitute an agreement between the two Governments, which shall enter
into force on the date of this Note in reply.
I avail myself of this opportunity to renew to Your
Excellency the assurance of my highest consideration.
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Nguyen Chi Dung
Minister
of Planning and Investment
of the Socialist Republicof Viet Nam
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Record of
Discussions
With reference to the Exchange of Notes between the
Government of the Socialist Republic of Viet Nam (hereinafter referred to as
"the Recipient") and the Government of Japan dated May 31, 2018
concerning Japanese economic cooperation up to one billion eight hundred and
eighty-two million Japanese Yen to be extended with a view to promoting the
economic and social development of the Socialist Republic of Viet Nam (hereinafter
referred to as "the Exchange of Notes") , the representatives of the
Vietnamese Delegation and of the Japanese Delegation wish to record the
following:
1. With regard to paragraph 3 of the Exchange of
Notes, the representative of the Japanese Delegation stated that the Government
of Japan understands that the Recipient will take necessary measures to prevent
any offer, gift or payment, consideration or benefit which would be construed
as a corrupt practice in the country of the Recipient from being made as an
inducement to or reward for the award of the contracts referred to in paragraph
4 of the Exchange of Notes.
2. The representative of the Vietnamese Delegation
stated that the Vietnamese Delegation has no objection to the statement by the
representative of the Japanese Delegation referred to above.
Tokyo, May 31,2018
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Nguyen Chi Dung
Minister
of Planning and Investment
of the Socialist Republicof Viet Nam
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Taro Kono
Minister
for Foreign Affairs
of Japan
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