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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:
62/2013/TB-LPQT
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Hà
Nội, ngày 09 tháng 12 năm 2013
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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:
Thỏa thuận giữa Chính phủ nước Cộng
hòa xã hội chủ nghĩa Việt Nam và Chính phủ nước Cộng hòa Phần Lan cho dự án
"Phát triển hệ thống quản lý thông tin ngành lâm nghiệp, pha II", ký
tại Hà Nội ngày 24 tháng 5 năm 2013, có hiệu lực kể từ ngày 24 tháng 5 năm
2013.
Bộ Ngoại giao trân trọng gửi bản sao
Thỏa thuận 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
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE GOVERNMENT OF THE
REPUBLIC OF FINLAND ON THE DEVELOPMENT OF A MANAGEMENT INFORMATION SYSTEM FOR THE
FORESTRY SECTOR PROJECT, PHASE II
The Government of the Socialist Republic of Viet
Nam ("Viet Nam") and the Government of the Republic of Finland
(Finland"), represented by the Ministry for Foreign Affairs of Finland,
jointly referred to as "the Parties", have, on the basis of the
Agreement on General Terms and Procedures for Development Co-operation between
Viet Nam and Finland, signed on 8 April 1992, and on the basis of consultations
on development co-operation held in Ha Noi on 15 April 2009 between the
representatives of the two Governments, agreed, in respect of the co- operation
in the Development of a Management Information System for the Forestry Sector
in Vietnam, as follows:
Article 1. Scope and Objective
1. The Project shall be implemented in accordance
with the Project Document and the Budget, dated April 2013 and attached as
Annex I to this Agreement, as well as in accordance with the annual work plans
and budgets to be mutually agreed upon.
2 The overall objective of the Project is to promote
management of forest resources in a sustainable way based on up-to-date
information, and in a way that contributes to the alleviation of poverty in the
socio-economic development framework of Viet Nam.
Article 2. Principles of
Co-operation
1. Respect for human rights, democratic principles,
good governance and the rule of law shall form the basis for the co-operation
between Viet Nam and Finland and constitute the essential elements of this
Agreement.
2. The Project shall be implemented in accordance
with the principles of transparency and open dialogue.
Article 3. Competent
Authorities and Implementing Agency
1. The Ministry of Agriculture and Rural
Development in Viet Nam and the Ministry for Foreign Affairs of Finland,
represented by the Embassy of Finland in Viet Nam, shall be the Competent
Authorities in matters relating to this Agreement.
2. The responsibility for the implementation of the
Project lies with the Ministry of Agriculture and Rural Development.
Article 4. Financing by Finland
The contribution of Finland to the implementation
of the Project in 2013 - 2018 shall, on a grant basis and subject to annual
parliamentary approval in Finland, be a maximum of nine million seven hundred
thousand Euros (€9,700,000). However, the contribution shall only be used up to
the actual amount necessary to cover the costs resulting from the
implementation of the Project as specified in the Project Document.
Article 5. Financing by Viet
Nam
1. Viet Nam shall cover the costs, amounting
approximately to €437,530 (equivalent to 11,700,000,000 VND) as a contribution
to the implementation of the Project as specified in the Project Document.
2. All financial and other resources required for
the implementation of the Project exceeding the Finnish contribution shall be provided
by Viet Nam.
Article 6. Procurements
1. Finland shall procure the supporting services
prescribed in the Project Document and shall conclude a contract with a
consulting agency to be agreed upon with Viet Nam. Other procurements for the
Project shall be made by Finland, a Consulting Agency or Viet Nam as agreed
upon between Finland and Viet Nam.
2. No offer, gift, payment or benefit of any kind,
which would or could be construed as an illegal or corrupt practice, shall be
accepted, either directly or indirectly, as an inducement or reward for the
award or execution of procurement contracts.
3. All procurements shall be made in accordance
with the procurement regulations of Vietnam or Finland, depending on the
location of the procurement. Invitations to tender as well as procurement
contracts shall, respectively, include a clause on the possibility of the
tender being rejected and the contract being cancelled, in case any illegal or
corrupt practices have been connected with the award or execution of the
contract. Furthermore, the damage or loss caused to the buyer shall, in case of
the cancellation of the contract, be compensated by the supplier.
Article 7. Information
1. The Parties shall:
(a) promptly inform each other of any event or
situation which might affect the implementation of the Project; and
(b) ensure that all relevant authorities and
organizations are informed of this Agreement and the Project.
2. Both Parties shall have the right to disseminate
information about the Project, including this Agreement, to the general public
and other interested parties.
3. Any publication or other material produced in
connection with the Project shall mention that the Project is being or has been
implemented with the financial contribution of Finland and within the framework
of the Finnish development co- operation.
Article 8. Monitoring and
Reporting
The implementation of the Project shall be reported
in the manner specified in the Project documentation attached to this
Agreement. The reports shall be prepared in accordance with the mutually agreed
principles.
Article 9. Auditing
Viet Nam shall permit the representatives of
Finland to carry out any inspection or audit in respect of the implementation of
the Project. Such an inspection or audit may also be initiated by Viet Nam.
Article 10. Suspension
1. Both Parties shall have the right, after
Consulting the other Party, to suspend in whole or in part the financing of the
Project if:
(a) either Party considers that the other Party has
failed to fulfill one of the essential elements referred to in Article II of
this Agreement.
(b) the financing by the other Party is not
forthcoming in accordance with this Agreement and the Project Document;
(c) any other obligation under this Agreement, the
Agreement on General Terms and Procedures for Development Co-operation or the
Project Document is not fulfilled;
(d) the management of the Project is deemed to be
unsatisfactory;
(e) a condition has arisen which interferes or
threatens to interfere with the implementation of the Project or the attainment
of the objectives and purposes of the Project; or
(f) the suspension is warranted by a fundamental
change in the circumstances under which the Project was started.
2. The suspension shall cease as soon as the event
or events which gave rise to suspension have ceased to exist.
3. Finland reserves the right to claim
reimbursement in full or in part of the Finnish contribution if it is found to
be misused or not satisfactorily accounted for.
Article 11. Commodities
1. Commodities procured in or imported into Viet
Nam under this Agreement for the purposes of the Project shall be at the
exclusive disposal of the Project.
2. The commodities shall become the property of
Viet Nam upon the completion of the Project, unless otherwise agreed by the
Parties.
Article 12. Liability
The liability of the parties will be as they were
defined in the Agreement on General Terms and Procedures of Development
Co-operation between the Government of the Socialist Republic of Viet Nam and
the Government of the Republic of Finland, signed on the 8th of
April 1992.
Article 13. Special Provisions
1. Other obligations of the Parties are specified
in the Project Document.
2. The Parties shall have the right to carry out an
evaluation during the implementation of and after the completion of the
Project.
3. The implementation of the Project shall also be
governed by the provisions of the Agreement on General Terms and Procedures for
Development Co-operation, unless otherwise provided for in this Agreement.
Article 14. Entry Into Force,
Termination, Amendments and Settlement of Disputes
1. This Agreement shall enter into force on the
date of its signature and remain valid until all the obligations under this
Agreement have been duly fulfilled by the Parties, unless terminated earlier by
either Party by giving a notice in writing to that effect three months prior to
the termination.
2. Should either Party consider it desirable to
amend any provision of this Agreement, it may request consultations with the
other Party through its Competent Authority. Any amendment shall be agreed upon
in writing between the Competent Authorities. The amendment shall form an
integral part of the Agreement.
3. Any dispute arising from the implementation or
interpretation of this Agreement shall be settled amicably by negotiations
between the Competent Authorities.
4. In witness thereof, the undersigned, being duly
authorized by their respective Governments, have signed this Agreement.
Done in Ha Noi on 24 May 2013 in two originals in
the English language.
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FOR THE
GOVERNMENT OF
THE SOCIALIST REPUBLIC OF VIETNAM
MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT
DEPUTY MINISTER
Ha Cong Tuan
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FOR THE
GOVERNMENT OF
THE REPUBLIC OF FINLAND
EMBASSY OF FINLAND
AMBASSADOR
Kimmo Lähdevirta
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ANNEX
Project Document, April 2013