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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:
42/2014/TB-LPQT
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Hà Nội, ngày 30
tháng 06 năm 2014
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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 Nước chủ nhà giữa Chính phủ
nước Cộng hòa xã hội chủ nghĩa Việt Nam và Tòa Trọng tài thường trực, ký tại Hà
Nội ngày 23 tháng 6 năm 2014, có hiệu lực kể từ ngày 23 tháng 6 năm 2014.
Bộ Ngoại giao trân trọng gửi bản sao
Hiệp định theo quy định tại Điều 68 của Luật nêu trên (kèm bản
dịch tiếng Việt để tham khảo)./.
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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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HOST COUNTRY AGREEMENT
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE PERMANENT COURT OF
ARBITRATION
Preamble
The Government of the Socialist Republic of Viet
Nam (hereinafter referred to as the “Government”), and the Permanent Court of
Arbitration (hereinafter referred to as the “PCA” and together, “the Parties”),
CONSIDERING THAT:
International arbitration is a preferred means for
the peaceful resolution of international disputes;
The PCA was established by the 1899 Convention for
the Pacific Settlement of International Disputes (the “1899 Convention”) at the
first Hague Peace Conference, which was convened “with the object of seeking
the most objective means of ensuring to all peoples the benefits of a real and
lasting peace”;
The 1899 Convention was revised by the 1907
Convention for the Pacific Settlement of International Disputes (the “1907
Convention”), adopted at the second Hague Peace Conference;
In the 1899 and 1907 Conventions, the Contracting
Parties undertook to maintain the PCA accessible at all times, as a global
institution for the settlement of international disputes through third-party
intervention;
To further the objectives of the 1899 and 1907
Conventions, it is material that Member States in all regions of the world
enjoy access to international dispute resolution services provided by the PCA;
The Socialist Republic of Viet Nam became a
Contracting Party to the 1899 Convention on December 29, 2011, and to the 1907
Convention on February 27, 2012; and
The Secretary-General of the PCA has invited the
Socialist Republic of Viet Nam to become a host country for arbitration,
mediation, conciliation, and fact-finding commissions of inquiry administered
by the PCA; and the Government has accepted the invitation of the
Secretary-General of the PCA;
HAVE AGREED AS FOLLOWS:
Article 1 - Definitions
For the purposes of the present Agreement:
(1) “Appropriate Authority”, within the meaning of
Article 11 of this Agreement, shall mean such central, local or other
authorities of the Socialist Republic of Viet Nam as may be appropriate in the
context of the relevant provisions of this Agreement and in accordance with the
laws and regulations applicable in the Socialist Republic of Viet Nam;
(2) “International Bureau” shall mean the
International Bureau of the PCA;
(3) “members of the family” shall mean spouse or
the person living together as spouse, and children under 18 years old;
(4) “Ministry of Foreign Affairs” shall mean the
Ministry of Foreign Affairs of the Socialist Republic of Viet Nam;
(5) “Officials of the PCA” shall mean the
Secretary-General and all members of the staff of the International Bureau;
(6) “Participant in Proceedings” shall mean any counsel,
party, agent, or other party representative, witness, expert, as well as any
interpreters, translators, or court reporters taking part in a hearing,
meeting, or other activity in relation to PCA Proceedings;
(7) “PCA Adjudicator” shall mean any arbitrator,
mediator, conciliator, or member of a commission of inquiry taking part in a
hearing, meeting, or other activity in relation to PCA Proceedings;
(8) “PCA Meeting” shall mean any meeting, including
hearings in the context of PCA Proceedings and conferences, convened by the
PCA;
(9) “PCA Proceedings” shall mean any dispute
resolution proceedings administered by or under the auspices of the PCA,
whether or not pursuant to the 1899 or 1907 Convention or any of the PCA’s
optional rules of procedure;
(10) “property” mentioned in this Agreement shall
not consist of immovable property;
(11) “personnel of the Government" shall mean
any person assigned by the Government to assist in the conduct of any PCA
Proceedings or PCA Meeting in the Socialist Republic of Viet Nam;
(12) “Secretary-General” shall mean the head of the
International Bureau; and
(13) “UN Convention” shall mean the Convention on
the Privileges and Immunities of the United Nations, adopted by the General
Assembly of the United Nations on 13 February 1946.
Article 2 - Legal Capacity
The PCA shall have the legal capacity necessary to
conduct its peaceful resolution of international disputes through arbitration,
mediation, conciliation, and fact-finding commissions of inquiry and in
providing other appropriate assistance regarding its peaceful resolution of
international disputes in the Socialist Republic of Viet Nam to governments,
inter-governmental organizations, and other entities, as well as activities of
cooperation in the Socialist Republic of Viet Nam in accordance with the
provisions of this Agreement.
Article 3 - Cooperation
(1) The Socialist Republic of Viet Nam shall be a
host country for the PCA. As a host country, the Government shall strive to
facilitate the work of the PCA in the peaceful resolution of international
disputes through arbitration, mediation, conciliation, and fact-finding
commissions of inquiry and in providing other appropriate assistance regarding
its peaceful resolution of international disputes in the Socialist Republic of
Viet Nam to governments, inter-governmental organizations, and other entities.
(2) The Government shall make available, on an
as-needed basis and at no cost to the PCA, such office and meeting space
(including all public utilities therefor) and such secretarial services as may
reasonably be deemed necessary by the Secretary-General or other Officials of
the PCA for activities undertaken in connection with PCA Proceedings, as well
as for PCA Meetings, in the Socialist Republic of Viet Nam.
(3) In making office or meeting space available to
the PCA under the terms of paragraph (2) of this Article, the Government shall
make available, at no cost to the PCA, the means for such telephonic, fax,
internet, or other communications as may reasonably be deemed necessary by
Secretary-General or other Officials of the PCA.
Article 4 - Point of Contact
(1) On the part of the Government, the Ministry of
Foreign Affairs shall coordinate on behalf of the Government all issues that
may arise with respect to implementation of this Agreement.
(2) On the part of the PCA, the Deputy
Secretary-General shall serve as the principal point of contact with the
Government.
Article 5 - Privileges and
Immunities of the PCA
(1) The PCA, its property and assets, located in
the territory of the Socialist Republic of Viet Nam and by whomsoever held,
shall enjoy immunity from every form of legal process except insofar as in any
particular case it has expressly waived its immunity. It is, however,
understood that no waiver of immunity shall extend to any measure of execution.
(2) The archives of the PCA, and in general all
documents belonging to it or held by it in the territory of the Socialist
Republic of Viet Nam, shall be inviolable.
(3) The PCA, its assets, income and other property
shall be:
(a) exempt from all direct taxes; it is understood,
however, that the PCA will not claim exemption from taxes which are, in fact,
no more than charges for public utility services;
(b) exempt from customs duties and prohibitions and
restrictions on imports and exports in respect of articles imported or exported
by the PCA for its official use. It is understood, however, that articles
imported under such exemption will not be sold in the Socialist Republic of
Viet Nam except under conditions agreed with the Government; and
(c) exempt from customs duties and prohibitions and
restrictions on imports and exports in respect of its publications. It is
understood, however, that publications imported under such exemption will not
be sold in the Socialist Republic of Viet Nam except under conditions agreed
with the Government.
(4) While the PCA will not, as a general rule,
claim exemption from excise duties and from taxes on the sale of property which
form part of the price to be paid, nevertheless when the PCA is making
important purchases for official use of property on which such duties and taxes
have been charged or are chargeable, the Government will, whenever possible,
make appropriate administrative arrangements for the remission or return of the
amount of duty or tax.
(5) The Government shall permit and protect free
communication on the part of the PCA for all official purposes (including
communication by Officials of the PCA and PCA Adjudicators with the PCA or in
relation to PCA Proceedings). The PCA shall enjoy in the territory of the
Socialist Republic of Viet Nam for its official communications treatment not
less favorable than that accorded by the Government to the United Nations in
Viet Nam in the matter of priorities, rates and taxes on mails, cables,
telegrams, radiograms, telephotos, telephones and other communications; and
press rates for information to the press and radio.
(6) The official correspondence of the PCA
(including by Officials of the PCA and PCA Adjudicators with the PCA or in
relation to PCA Proceedings) shall be inviolable. The PCA shall have the right
to use codes and to dispatch and receive its papers or correspondence by
courier or in bags, which shall be subject to the same privileges and
immunities as diplomatic couriers and bags.
Article 6 - Privileges and
Immunities of Officials of the PCA and PCA Adjudicators
(1) Officials of the PCA and PCA Adjudicators shall
enjoy, mutatis mutandis, the same immunities and privileges as the
Government accords to the officials of the United Nations pursuant to the UN
Convention. In according privileges and immunities pursuant to this Article,
the Government shall not discriminate based on the nationality of Officials of
the PCA or PCA Adjudicators.
(2) Notwithstanding the preceding paragraph, the
privileges and immunities accorded by the Government to all Officials of the
PCA and PCA Adjudicators shall in no event include less than:
(a) immunity from personal arrest or detention and
from seizure of their personal baggage;
(b) immunity from legal process of every kind in
respect of words spoken or written and acts done by them in the course of the
discharge of their duties in connection with the PCA; such immunity shall
continue to be accorded even after the person has ceased to exercise his or her
functions in connection with the PCA;
(c) inviolability for all papers and documents;
(d) the same privileges and facilities in respect
of currency and exchange as are accorded to the officials of the United Nations
in Viet Nam;
(e) the same immunities and facilities in respect
of their personal baggage as are accorded to the officials of the United
Nations in Viet Nam;
(f) exemption from taxation on any fees, salaries,
and emoluments paid to them by the PCA;
(g) immunity from national service obligations;
(h) together with the members of their families
living with them into a household, the same privileges in respect of entry and
procedures to register residence for foreigners as the officials of the United
Nations in Viet Nam;
(i) together with the members of their families
living with them into a household, the same repatriation facilities in time of
international crises as the officials of the United Nations in Viet Nam; and
(j) the same right to import free of duty their
furniture and effects at the time of first taking up their post in the
Socialist Republic of Viet Nam as the officials of the United Nations in Viet
Nam.
(3) Officials of the PCA or PCA Adjudicators who
are Vietnamese nationals or permanent residents shall be entitled only to the
immunities spelt out in paragraphs (2)(a) and (b) of this Article.
Article 7 - Immunity of
Personnel of the Government
Personnel of the Government shall enjoy immunity
from legal process in respect of words spoken or written and any act performed
by them in their official capacity in connection with the work of the PCA. Such
immunity shall continue to be accorded even after the person has ceased to
exercise his or her functions in connection with the PCA.
Article 8 - Privileges and
Immunities of Participants in Proceedings
(1) During the period of their missions,
Participants in Proceedings- shall be accorded the following privileges and
immunities necessary for the independent exercise of their functions:
(a) immunity from personal arrest or detention and
from seizure of their personal baggage;
(b) immunity from legal process of every kind in
respect of words spoken or written and all acts performed by them in the course
of their participation in PCA Proceedings. This immunity shall continue to be
accorded even after the person has ceased to participate in PCA Proceedings;
(c) inviolability of documents and papers;
(d) the right to receive papers or correspondence
by courier or in sealed bags; and
(e) repatriation facilities in time of
international crises.
(2) Participants in Proceedings who are Vietnamese
nationals or permanent residents shall only be entitled to the immunities spelt
out in paragraph 1(b) of this Article.
Article 9 - Acquisition and
Waiver of Privileges and Immunities
(1) Officials of the PCA and PCA Adjudicators shall
be entitled to privileges and immunities from the moment when they enter the
Socialist Republic of Viet Nam to conduct their official duties or when the
Government is informed by the PCA of the list of Officials of the PCA and PCA
Adjudicators appointed to conduct their official duties in the Socialist
Republic of Viet Nam if they are present in the Socialist Republic of Viet Nam,
and such privileges and immunities shall cease at the moment when the Officials
of the PCA and PCA Adjudicators leave the Socialist Republic of Viet Nam or
when they have completed their official duties if they are nationals or
permanent residents of Viet Nam, except as otherwise provided in this Agreement.
The PCA shall inform the Government of the list of Officials of the PCA and PCA
Adjudicators appointed to conduct their official duties in the Socialist
Republic of Viet Nam, the members of their families living with them into a
household, their arrival and final departure.
(2) When an Official of the PCA or PCA Adjudicator
will be present to conduct their official duties in the Socialist Republic of
Viet Nam, or may have need to invoke privileges and immunities under this
Agreement, a certification of the status of such person shall be provided to
the Government under the signature of the Secretary-General.
(3) When personnel of the Government are assigned
to assist in the conduct of PCA Proceedings in the Socialist Republic of Viet
Nam, they shall enjoy immunities under this Agreement from the moment of their
assignment.
(4) Upon receipt of notification from parties to
PCA Proceedings as to the appointment of a Participant in Proceedings, a
certification of the status of such person shall be provided to the Government
under the signature of an Official of the PCA. The Government shall accord the
privileges and immunities provided for in Article 8 upon receiving this
certification if the Participants in Proceedings are present in the Socialist
Republic of Viet Nam or from the moment when they enter the Socialist Republic
of Viet Nam to conduct their official duties. Such privileges and immunities
shall cease at the moment when the Participants in Proceedings leave the
Socialist Republic of Viet Nam or when they have completed their official
duties if they are nationals or permanent residents of Viet Nam, except as
otherwise provided in this Agreement.
(5) Whenever a determination is required as to
whether a person enjoys status under this agreement entitling him or her to
privileges and immunities, or of whether words or acts are connected to the
discharge of that person’s official duties, such determination shall be made by
the competent authority.
(6) The privileges and immunities provided for in
Articles 6 to 8 of this Agreement are granted in the interests of the good
administration of justice and not for the personal benefit of the individuals
themselves. The competent authority has the right and the duty to waive the
immunity in any case where, in the opinion of such authority, the immunity
would impede the course of justice and can be waived without prejudice to the
interests of the PCA or to any PCA Proceedings in connection with which those
privileges and immunities are granted.
(7) For the purposes of this Article, the competent
authority shall be:
(a) in the case of PCA Adjudicators and Officials
of the PCA (other than the Secretary-General), the Secretary General;
(b) in the case of the Secretary-General, the
Administrative Council of the PCA;
(c) in the case of personnel of the Government, the
Government;
(d) in the case of Participants in Proceedings
representing or designated by a State which is a party to the relevant PCA
Proceedings, that State; and
(e) in the case of other individuals appearing at
the instance of a party to PCA Proceedings, the Secretary-General.
Article 10- Abuse of
Privileges and Immunities
(1) Without prejudice to the privileges and
immunities provided for in Articles 6 to 8 of this Agreement, the individuals
referred to in those Articles shall observe the laws and regulations of the
Socialist Republic of Viet Nam, and they shall not interfere in the internal
affairs, abuse the title of the PCA to have an act harmful to the security,
politics, independence, sovereignty and territorial integrity of the Socialist
Republic of Viet Nam.
(2) The Secretary-General shall take every
precaution to ensure that no abuse of the privileges and immunities provided
for in Articles 6 to 8 of this Agreement shall occur. If the Government considers
that there has been abuse of a privilege or immunity provided for in Articles 6
to 8 of this Agreement, the Secretary-General shall, when so requested, enter
into consultations with the relevant authorities of the Socialist Republic of
Viet Nam to determine whether such abuse has occurred. If the consultations
fail to achieve a result satisfactory to the Government and to the
Secretary-General, the matter shall be resolved according to the procedures
established in Article 15 of this Agreement.
(3) In case of abuse of the privileges and
immunities committed by the individuals referred to in Articles 6 to 8 in the
course of activities carried out in the Socialist Republic of Viet Nam outside
of their official duties, the Government may require these individuals to leave
the Socialist Republic of Viet Nam, provided that:
(a) in the case of persons entitled to privileges
and immunities as well as exemptions and facilities under Article 6, they shall
not be required to leave the Socialist Republic of Viet Nam otherwise than
according to the diplomatic procedure applicable to diplomatic envoys
accredited to the Socialist Republic of Viet Nam; and
(b) in the case of all other individuals to whom
Article 6 is not applicable, no order to leave the Socialist Republic of Viet
Nam shall be issued unless the Ministry of Foreign Affairs has approved it and
the Secretary-General has been notified beforehand.
(4) Paragraph (3) of this Article does not apply to
persons who are nationals or permanent residents of Viet Nam.
Article 11 - Security
(1) The Government shall take all appropriate steps
to protect PCA Proceedings and Meetings conducted in the Socialist Republic of
Viet Nam. The Appropriate Authorities shall ensure the security and tranquility
of PCA Proceedings and Meetings and protect against any intrusion, disturbance
of the peace, or impairment of the dignity of PCA Proceedings and Meetings. As
may be required for the purpose, the Appropriate Authorities shall provide
adequate physical protection on the boundaries and in the vicinity of any
office or meeting space provided to the PCA. In all cases, security
arrangements shall be made in consultation with the Secretary-General or an
Official of the PCA designated as his representative.
(2) The Government shall treat PCA Adjudicators and
their partners, Officials of the PCA and their partners, Participants in
Proceedings, and other persons attending PCA Meetings with due respect and
shall take all appropriate steps to prevent any attack on their person,
freedom, or dignity. As may be required for the purpose, to be determined in
consultation with the Secretary-General or an Official of the PCA designated as
his representative, the Appropriate Authorities shall provide adequate physical
protection for such persons during their travel within and sojourn in the
territory of the Socialist Republic of Viet Nam.
Article 12 - Entry into
Host Country and Facilitation of Travel
(1) The Government shall take all reasonable
measures to facilitate and allow the entry into and sojourn in the territory of
the Socialist Republic of Viet Nam of those non-residents and non-nationals of
the Socialist Republic of Viet Nam who enter as PCA Adjudicators, Officials of
the PCA, or the members of their families, Participants in Proceedings, and
other persons attending PCA Meetings.
(2) The Government shall take all reasonable
measures to ensure that any visas which may be required for any of the persons
referred to in paragraph 1 are issued as promptly as possible, and without
charge, in order to allow the timely conduct of official business pertaining to
the PCA.
(3) No activity performed by any person referred to
in paragraph 1 performed in his capacity with respect to the PCA shall
constitute a reason for preventing his or her entry into or departure from the
territory of the Socialist Republic of Viet Nam or for requiring him or her to
leave such territory.
(4) Subject to its laws and regulations concerning
zones into which entry is prohibited or regulated for reasons of national
security, the Government shall ensure freedom of movement and travel in its
territory to the persons referred to in paragraph 1. As may be required for the
purpose, to be determined in consultation with the Secretary-General or an
Official of the PCA designated as his representative, the Government shall make
available appropriate transportation to enable such persons to attend any PCA
Proceeding or Meeting.
Article 13 - Regional
Cooperation
The Government recognizes the importance of
regional cooperation for the effective settlement of international and regional
disputes. The Government shall therefore communicate the existence of the
facilities designated pursuant to this Agreement to the competent officials in
other countries of the same region and encourage their use for PCA Proceedings.
Article 14 - International
Responsibility
The Government shall not incur any international
responsibility for acts or omissions of the PCA or of Officials of the PCA
acting or abstaining from acting within the scope of their functions, other
than the International responsibility that may arise from the fact that the
Socialist Republic of Viet Nam is a Contracting Party to the 1899 and 1907
Conventions.
Article 15 - Dispute
Settlement
(1) Any dispute among the Parties to the present
Agreement that is not settled by negotiation shall be settled by final and
binding arbitration in accordance with the Permanent Court of
Arbitration-Optional Rules for Arbitration Involving International Organizations
and States (the “Rules”), as in force on the date of signature of this
Agreement. The number of arbitrators shall be one. The appointing authority
shall be the President of the International Court of Justice.
(2) In any such arbitration proceedings, the
registry, archive, and secretariat services of the PCA, referred to in Article
1, paragraph 3, and Article 25, paragraph 3, of the Rules, will not be
available, and the PCA shall not be empowered to request, hold, or disburse
deposits of costs as provided for in Article 41, paragraph 1, of the Rules.
Article 16 - Final
Provisions
(1) This Agreement shall enter into force on the
date of signature.
(2) At the request of the Government or the PCA,
consultations shall be entered into with respect to the modification of the
present Agreement. Any such modifications shall be made by consent of both
Parties to the Agreement.
(3) This Agreement may be terminated:
(a) by mutual consent of the PCA and the
Government; or
(b) by either Party by giving notice to the other
Party at least one year in advance of the effective date of termination.
IN WITNESS WHEREOF, the undersigned, being
duly authorized thereto, have signed this Agreement.
Done in Ha Noi, Viet Nam, on June 23, 2014, only in
English, in two authentic copies.
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FOR THE
GOVERNMENT OF
THE SOCIALIST REPUBLIC
OF VIET NAM
Ho Xuan Son
First Vice Minister of Foreign Affairs
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FOR THE
PERMANENT COURT
OF ARBITRATION
Hugo H. Siblesz
Secretary-General
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