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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:
47/2018/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 về việc Chính phủ Nhật Bản cung
cấp viện trợ không hoàn lại trị giá 1.204.000.000 triệu Yên Nhật cho Dự án
“Tăng cường năng lực kiểm nghiệm cho Trung tâm Kiểm nghiệm kiểm chứng và Tư vấn
chất lượng nông lâm thủy sản (RETAQ) để đảm bảo an toàn thực phẩm nông lâm thủy
sản”, ký tại Tô-ky-ô, Nhật Bản, ngày 08 tháng 10 năm 2018, có hiệu lực đối
với Việt Nam từ ngày 08 tháng 10 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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(Vietnamese Note)
Tokyo, October 8, 2018
Excellency,
I have the honour to acknowledge the receipt of
Your Excellency's Note of today's date, which reads as follows:
"I have the honour to refer to the recent
discussions held between the representatives of the Government of Japan and of
the Government of the Socialist Republic of Viet Nam (hereinafter referred to
as "the Recipient") concerning Japanese economic cooperation to be
extended with a view to promoting the economic and social development of the
Socialist Republic of Viet Nam. I have further the honour to propose on behalf
of the Government of Japan the following understanding:
1. (1) For the purpose of contributing to the
Implementation of the Project for Enhancing Laboratory Capacities of the
Reference Testing and Agrifood Quality Consultancy (RETAQ) Center for Ensuring
Safety of Agricultural and Fisheries Foods (hereinafter referred to as
"the Project") by the Recipient, the Government of Japan has decided
that a grant up to one billion two hundred and four million Japanese Yen
(¥1,204,000,000) (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, 2024. The period may be
extended by mutual consent between the authorities concerned of the two
Governments.
His Excellency
Mr. Kunio Umeda
Ambassador Extraordinary and Plenipotentiary of
Japan to the Socialist Republic of Viet Nam
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 stay 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 propose that this note
and Your Excellency's Note in reply confirming on behalf of the Recipient the
foregoing understanding shall constitute an agreement between the two
Governments, which shall enter into force on the date of Your Excellency's Note
in reply."
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 QUOC CUONG
Ambassador Extraordinary and
Plenipotentiary of the Socialist Republic
of Viet Nam to Japan
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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 October 8, 2018
concerning Japanese economic cooperation 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, October 8, 2018
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NGUYEN QUOC CUONG
Ambassador Extraordinary and
Plenipotentiary of the Socialist Republic
of Viet Nam to Japan
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KUNIO UMEDA
Ambassador Extraordinary and
Plenipotentiary of Japan to the Socialist
Republic of Viet Nam
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(Draft of Note
Verbale for non-military use)
With reference to the Exchange of Notes between the
Government of Japan and the Government of the Socialist Republic of Viet Nam dated
October 8, 2018 concerning Japanese economic cooperation to be extended with a
view to promoting the economic and social development of the Socialist Republic
of Viet Nam, the Ministry of Agriculture and Rural Development of the Socialist
Republic of Viet Nam has the honour to inform the Embassy that products and/or
services purchased under the Japanese grant shall not be used for military
purposes.
Tokyo, October 8, 2018
Excellency,
I have the honour to refer to the recent
discussions held between the representatives of the Government of Japan and of
the Government of the Socialist Republic of Viet Nam (hereinafter referred to
as "the Recipient") concerning Japanese economic cooperation to be
extended with a view to promoting the economic and social development of the
Socialist Republic of Viet Nam. I have further the honour to propose on behalf
of the Government of Japan the following understanding:
1. (1) For the purpose of contributing to the
implementation of the Project for Enhancing Laboratory Capacities of the
Reference Testing and Agrifood Quality Consultancy (RETAQ) Center for Ensuring
Safety of Agricultural and Fisheries Foods (hereinafter referred to as
"the Project") by the Recipient, the Government of Japan has decided
that a grant up to one billion two hundred and four million Japanese Yen
(¥1,204,000,000) (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.
His Excellency
Mr. Nguyen Quoc Cuong
Ambassador Extraordinary and Plenipotentiary of the
Social Republic of Vietnam to Japan
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, 2024. The period may be
extended by mutual consent between the authorities concerned of the two
Governments.
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 propose that this Note
and Your Excellency's Note in reply confirming on behalf of the Recipient the
foregoing understanding shall constitute an agreement between the two
Governments, which shall enter into force on the date of Your Excellency's Note
in reply.
I avail myself of this opportunity to renew to Your
Excellency the assurance of my highest consideration.
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Kunio Umeda
Ambassador Extraordinary and
Plenipotentiary of Japan
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Record of
Discussions
With reference to the Exchange of Notes between the
Government of Japan and the Government of the Socialist Republic of Viet Nam
(hereinafter referred to as "the Recipient") dated October 8, 2018
concerning Japanese economic cooperation 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 Japanese Delegation and of the Vietnamese 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 Delecration referred to above.
Tokyo, October 8, 2018
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Kunio Umeds
Ambassador Extraordinary and
Plenipotentiary of Japan
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Nguyen Quoc Cuong
Ambassador Extraordinary and Plenipotentiary
of the Social Republic of Vietnam to Japan
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