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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:
67/2011/TB-LPQT
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Hà
Nội, ngày 25 tháng 11 năm 2011
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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 Nhật Bản về hợp
tác xây dựng nhà máy điện hạt nhân Ninh Thuận 2 ở nước Cộng hòa xã hội chủ
nghĩa Việt Nam, ký tại Tô-ki-ô ngày 31 tháng 10 năm 2011, có hiệu lực kể từ
ngày 31 tháng 10 năm 2011.
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
Lê Thị Tuyết Mai
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ARRANGEMENT
BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
AND THE GOVERNMENT OF JAPAN ON COOPERATION IN CONSTRUCTION OF NINH THUAN 2
NUCLEAR POWER PLANT PROJECT IN THE SOCIALIST REPUBLIC OF VIET NAM
The Government of the Socialist
Republic of Viet Nam and the Government of Japan (hereinafter referred to as
the "two Governments");
Expressing their mutual interest
in promoting cooperation between the two countries in the field of nuclear
energy;
Recalling that, at the Viet Nam
- Japan Summit Meeting on October 31, 2010, Prime Minister Nguyen Tan Dung
affirmed that the Government of the Socialist Republic of Viet Nam decided to
select Japan as the cooperation partner of the project of constructing and
operating two reactors at the second nuclear power plant site in Ninh Thuan
Province in the Socialist Republic of Viet Nam;
Confirming that cooperation
between the two countries in the field of the peaceful uses of nuclear energy
including the project will be undertaken in accordance with the Agreement
between the Government of the Socialist Republic of Viet Nam and Government of
Japan the for Cooperation in the Development and Peaceful Uses of Nuclear Energy
signed on January 20, 2011 (hereinafter referred to as the "Agreement"),
which will enter into force after the completion of their respective necessary
internal procedures; and Committing further to enhance nuclear safety by
sharing the experience and lessons learned from the recent accident in Japan on
the basis of thorough investigation of the causes of the accident conducted by
the Government of Japan;
HAVE decided as follows:
ITEM I:
COOPERATION UNDER THIS ARRANGEMENT
1. The two Governments will cooperate
with each other, to the extent possible and where appropriate, subject to the
laws and regulations in force in the respective countries, for the purpose of
facilitating the smooth implementation of Ninh Thuan 2 Nuclear Power Plant
Project (hereinafter referred to as the "Project", whose
outline is attached as an integral part of this Arrangement), which is to be
conducted by the entities of the two countries referred to in the Attachment
(hereinafter referred to as the "Executing Entities").
2. Cooperation under this
Arrangement will be implemented in accordance with the Agreement, other
relevant international agreements in force between the two countries and
applicable laws and regulations in force in the respective countries.
ITEM II:
COORDINATING AGENCIES
1. For the purpose of
facilitating the smooth implementation of the Project, the two Governments have
respectively designated the following Ministries as the Coordinating Agencies:
On the part of the Government of
Japan, Ministry of Economy, Trade and Industry of Japan (METI); and
On the part of the Government of
the Socialist Republic of Viet Nam, Ministry of Industry and Trade (MOIT).
2. If there is any change in or
addition to the Coordinating Agencies of either of the Governments, the Government
will so inform the other Government in a written form through diplomatic
channel.
3. For the purpose of monitoring
jointly the progress of the implementation of the Project and facilitating the
Executing Entities to engage smoothly in their cooperative activities, a
technical steering committee composed of the Coordinating Agencies may be
established upon a request of either Government. Matters related to the
establishment of the technical steering committee will be decided separately
between the two Governments.
ITEM III:
AREAS OF COOPERATION
The two Governments will, taking
note of the importance of the elements of cooperation stated in paragraph 1 of
this Item, coordinate the cooperation referred to in Item I of this Arrangement
for a successful and smooth implementation of the Project, including the
cooperation activities in the areas referred to in paragraph 2 of this Item:
1. Elements of cooperation
referred to in the "Japan-Viet Nam Joint Statement on the Comprehensive
Development of Strategic-Partnership for Peace and Prosperity in Asia" on
October 31, 2010:
(a) Provision of assistance in
conducting feasibility studies for the Project (hereinafter referred to as the
"FS");
(b) Provision of low-interest
and preferential loans for the Project;
(c) Uses of the most advanced
and proven technology with the highest safety standards for the Project;
(d) Technology transfer and
provision of training of human resources for the Project;
(e) Cooperation in spent fuel
and radioactive waste management and treatment for the Project; and
(f) Supply of nuclear fuel for
the whole life of the Project.
2. Areas of Cooperation:
(a) Site investigation and
evaluation, and development of Site Approval Dossier and the FS of the Project;
(b) Design, construction,
commissioning and operation of Ninh Thuan 2 Nuclear Power Plant in Ninh Thuan
Province in the Socialist Republic of Viet Nam (hereinafter referred to as the
"NPP");
(c) Quality assurance of all the
works in all phases of the implementation of the Project;
(d) Human resources development
in the fields of design, construction, operation, maintenance, management,
inspection and supervision of the NPP including those related to nuclear
safety;
(e) Preparation of a fuel
management plan of the NPP for both short term and long term;
(f) Provision of nuclear fuel
for the whole life of the NPP;
(g) Technology transfer in the
field of nuclear energy in relation to the implementation of the Project;
(h) Personnel training and
development of nuclear regulations including licensing and supervision of the
NPP, nuclear safety, nuclear security, and emergency response;
(i) Enhancement of nuclear
safety and cooperation in preparation of the security and safety plan;
(j) Development of implementing
measures for physical protection and safeguards for nuclear material of the
NPP;
(k) Accounting for and control
of nuclear material for the NPP;
(1) Spent fuel and radioactive
waste management and treatment of the NPP;
(m) Public acceptance of the
NPP; and
(n) Other cooperation activities
and facilities as decided by the two Governments.
ITEM IV:
SITE PROVISION, LICENSING, APPROVAL AND REGULATIONS
For the purpose of facilitating
the implementation of the Project and as a part of the cooperation activities
referred to in Item III, the Government of the Socialist Republic of Viet Nam
will:
1. Enact and implement laws and
regulations on peaceful uses of nuclear energy, nuclear safety, nuclear
security and nuclear liability conforming with international standards and
required for the Project, including those related to permits and licenses;
2. Determine the Project site,
including approving the Investment Project, permitting personnel participating
in the Project to access the Project site;
3. Take all measures to
establish and maintain favorable environment for the implementation of the
Project, including promoting public awareness regarding the use of nuclear
energy;
4. Conduct licensing and
inspection process and Quality Assurance and Quality Control (hereinafter
referred to as the "QA/QC");
5. Grant the Executing Entities
necessary licenses and permits for the Project;
6. Complete the environmental
impact assessment for the Project;
7. Ensure nuclear safety of the
NPP as a whole by taking appropriate measures;
8. Ensure nuclear security of
the Project site by developing and implementing programs and measures for
physical protection of the NPP;
9. Provide support for timely
delivery of the equipment for the NPP such as approval of related documents,
import license, custom clearance and tax-related arrangements;
10. Supervise Vietnamese
Executing Entity which is to operate the NPP, including conducting regular
inspection of the NPP and requiring Vietnamese Executing Entity to submit
necessary reports;
11. Assign and manage a
sufficient number of qualified personnel in the Government as well as the
Vietnamese Executing Entity necessary for the implementation of the Project, by
taking such measures as providing adequate treatment or incentive;
12. Develop and secure nuclear
fuel supply chain necessary for the operation of the NPP;
13. Take appropriate measures
regarding storage, transportation, processing and disposal of spent fuel and
radioactive waste related to the NPP; and
14. Inspect and supervise the
compliance of the NPP construction requirements with necessary cooperation from
the Japanese side. In the meantime, the Vietnam side will, independendy or with
a third party consultant, implement supervision and inspection activities of
the observation of the NPP construction requirements.
ITEM V:
FEASIBLLITY STUDY
The Government of Japan will
fully provide financial support to Japan Atomic Power Company (hereinafter
referred to as the "JAPC") in conducting the FS and Site
Approval Dossier and supervise the performance of the JAPC by reflecting on the
discussion at the technical steering committee.
ITEM VI:
HUMAN RESOURCE DEVELOPMENT
For the purpose of facilitating
the smooth implementation of the Project, and as a part of the cooperation
activities referred to in Item III, the Government of Japan will support human
resources development for the Vietnamese side for safe and stable operation of
the NPP, by training approximately 1,000 personnel.
ITEM VII:
FINANCIAL SUPPORT TO THE PROJECT
As a part of the cooperation
activities referred to in paragraph 1 of Item III, the Government of Japan will
take an appropriate approach and commit to the provision of a package of low
interest and the most preferential loans applicable in accordance with
internationally accepted principles and regulations to the Government of the
Socialist Republic of Viet Nam for the purpose of full implementation of the
Project.
The framework including
provisional major financial elements such as amount, interest rate, grace
period and repayment period of such loans will be negotiated and concurred by
both sides, and set out in a separate document of financial arrangement for the
Project.
ITEM VIII:
MISCELLANEOUS
1. The two Governments will
consult each other amicably on any matters regarding this Arrangement.
2. This Arrangement will come
into operation from the date of signature. This Arrangement may be modified by
mutual consent in writing of the two Governments, Either Government may
terminate this Arrangement by giving 6 month's prior written notice to the
other Government.
3. All necessary communication
for the cooperation under this Arrangement will be done in English.
Done in Tokyo on this thirty
first day of October 2011, in duplicate in the English language.
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FOR
THE GOVERNMENT
OF THE SOCIALIST REPUBLIC OF VIET NAM
Nguyen Tan Dung
Prime Minister
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FOR
THE GOVERNMENT OF JAPAN
Yoshihiko Noda
Prime Minister
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ATTACHMENT
1. Project:
Ninh Thuan 2 Nuclear Power Plant Project
1.1 Location
The site of the Project is in
Vinh Hai commune, Ninh Hai district, Ninh Thuan Province, the Socialist
Republic of Viet Nam.
1.2 Executing Entities
The Project will be implemented
by the following Executing Entities:
(a) Executing Entity of the
Vietnamese side: Vietnam Electricity (EVN); and
(b) Executing Entities of the
Japanese side:
(1) To perform feasibility
studies for the Project (hereinafter referred to as the "FS")
with the EVN: the Japan Atomic Power Company (JAPC),
(2) To develop concrete
cooperative activities after FS to the Project with the EVN: International
Nuclear Energy Development of Japan, and
(3) To execute an EPC contract:
a Japanese EPC contractor will be selected through a procedure in accordance
with the laws, regulations and practices of both sides, subject to the
consultation between both sides after determining the scope of works funded by
each source of financing, and considering the fact that Japan was selected as a
partner with regard to the Project
If there is any change in or
addition to the Executing Entities of either side, it will be so informed to
the other side in a written form through the diplomatic channel.
2.
Cooperation Activities
For the implementation of the
Project, the following activities and allotment of expenses may be considered,
where necessary, performed by the Executing Entities based upon agreements
and/or MOCs which will be negotiated and concluded between Executing Entities:
2.1 Activities by the Japanese
side for construction and commissioning of the NPP:
2.1.1 Site investigation and
evaluation, and development of Site Approval Dossier and the FS of the Project;
2.1.2 Design, construction, and
commissioning of the Project;
2.1.3 Preparation of technical
design documents for the construction items of the NPP;
2.1.4 Development of safety
analysis reports with consideration to safety requirements regulated by the
laws and regulations in force in the respective countries, International Atomic
Energy Agency's recommendations as well as the results of the environmental
impact assessment for the Project;
2.1.5 Installation of the
construction items of the NPP;
2.1.6 Observation of
construction requirements of the NPP in all construction phases including
conducting inspection as EPC contractor;
2.1.7 Preparation of QA/QC
programs in all construction phases of the NPP;
2.1.8 Tests, organization and
implementation of start-up activities to bring the NPP into operation;
2.1.9 Development of operation,
maintenance and technical repair manuals of the NPP;
2.1.10 Supplying necessary
equipment, tools and materials with sufficient quantity as required and in a
timely manner as scheduled to bring the NPP into operation;
2.1.11. Provision of technical
maintenance services for the supplied equipment, tools and materials including
consulting services and supply of spare parts;
2.1.12 Support repair and
maintenance activities of the NPP;
2.1.13 Development of the
systems for monitoring and diagnosing construction process;
2.1.14 Provision of technical
advice for the development of programs and measures for physical protection of
the NPP;
2.1.15 Support for planning and
carrying out of radiation protection measures;
2.1.16 Supply of technical
devices for site protection of the NPP;
2.1.17 Support in retrofit and
rehabilitation of the NPP beyond its scheduled lifetime;
2.1.18 Preparation of
thermal-hydraulic calculation programs for the NPP safety analysis, including
training of the personnel;
2.1.19 Technical assistance for
the application for licenses;
2.1.20 Technical assistance for
preparation for emergency;
2.1.21 Human resources training
in the fields of design, construction, operation, maintenance, management,
inspection and supervision of the NPP; and
2.1.22 Facilitation of local
companies in the Socialist Republic of Viet Nam in terms of the supply of
equipment, tools, materials, and services and the performance of other
activities necessary for the implementation of the Project.
2.2 Nuclear fuel supply for the
whole life of the Project:
2.2.1 Supply of nuclear fuel for
the whole life of the Project;
2.2.2 Preparation of a fuel
management plan for the NPP for both short term and long term, to ensure a safe
and efficient operation of the NPP; and
2.2.3 Provision of fresh nuclear
fuel for the NPP, equipment for inspecting and repairing fuel assemblies and
associated technical services for the NPP during its operation.
2.3 Spent fuel and radioactive
waste management and treatment for the project:
Assistance to the safe
management of spent fuels and others related radioactive wastes from the NPP.
2.4 Assistance for the
development of nuclear energy in the Socialist Republic of Viet Nam:
2.4.1 Assistance in preparation
of specific programs in the field of nuclear energy, such as localization of
nuclear items, fuel assembly manufacturing, radiation protection and nuclear
safety by using Japanese experiences and related advanced technologies;
2.4.2 Assistance in construction
of a research center in the field of nuclear energy; and
2.4.3 Assistance in instructing
and training Vietnamese personnel for design and construction of nuclear
reactors.
3. Activities
by the Vietnamese side
3.1 Provision of available
reliable data and documents regarding the Project site to the Executing
Entities of the Japanese side;
3.2 Upon the consensus of both
sides, participation in design and construction of the NPP, including the
construction of main and supporting items and the assembly of equipment;
3.3 Upon the consensus of both
sides, design and construction of infrastructure for the NPP, including water
and electricity supply, construction of access roads to the Project site;
3.4 Provision of skilled
operator; and
3.5 Support of the Executing
Entities of both sides and other organizations related to the Project in
obtaining licenses/permits in compliance with the Vietnamese law, required for
smooth implementation of the Project.