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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:
15/2020/TB-LPQT
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Hà Nội, ngày 04
tháng 3 năm 2020
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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:
Hiệp định vay (Các nghiệp vụ thông thường [Ưu
đãi]) cho Chương trình đầu tư phát triển mạng lưới y tế cơ sở vùng khó khăn giữa
Cộng hòa xã hội chủ nghĩa Việt Nam và Ngân hàng Phát triển châu Á, số khoản
vay 3758-VN(COL), ký tại Hà Nội, ngày 06 tháng 8 năm 2019, có hiệu lực từ ngày
04 tháng 02 năm 2020.
Bộ Ngoại giao trân trọng gửi bản sao Hiệp định 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
Nguyễn Văn Ngự
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LOAN NUMBER
3758-VIE(COL)
LOAN
AGREEMENT
(Ordinary
Operations [Concessional])
(Local Health Care for Disadvantaged Areas Sector
Development Program)
BETWEEN SOCIALIST REPUBLIC OF VIET NAM AND ASIAN
DEVELOPMENT BANK
DATED 6 August 2019
VIE 50285
LOAN AGREEMENT
(Ordinary
Operations [Concessional])
LOAN AGREEMENT
dated 6 August 2019 between SOCIALIST REPUBLIC OF VIET NAM (“Borrower) and
ASIAN DEVELOPMENT BANK (“ADB”).
WHEREAS
(A) ADB has received from the Borrower a
development policy letter dated 14 November 2018 (“Policy Letter), setting
forth certain objectives, policies and actions, described in Schedule 1 to this
Loan Agreement, designed to develop die Borrower’s local health care sector for
disadvantaged areas ("Program’’);
(B) by a grant agreement of even date herewith
between the Borrower and ADB (“Project Grant Agreement"), ADD has agreed
to provide a grant equivalent to the amount of twelve million Dollars
($12,000,000) from ADB’S Special Funds resources in support of the Local Health
Care for Disadvantaged Areas Sector Development Program (“Project") as
described in Schedule 1 to the Project Grant Agreement;
(C) the Borrower has applied to ADB for a loan for
the purposes of the Program; and
(D) ADB has agreed to make a concessional loan to
the Borrower from ADB's ordinary capital resources to finance the Program upon
the terms and conditions set forth herein;
NOW THEREFORE the parties agree as follows:
ARTICLE
I
Loan
Regulations; Definitions
Section 1.01. All the provisions of ADB’S Ordinary
Operations
(Concessional) Loan Regulations, dated 1 January
2017 (“Loan Regulations’), are hereby made applicable to this Loan Agreement
with the same force and effect as if they were fully set forth herein, subject,
however, to the following modifications:
(a) Section 2.01(v) is deleted and the following is
substituted therefor:
“Program” means die program for which ADB has
agreed to make the Loan, as described in the Loan Agreement and as the
description thereof may be amended from time to time by agreement between ADB
and the Borrower;
(b) The term “Project- wherever it appears in the
Loan Regulations shall be substituted by the term “Program”;
(c) Section 2,01 (x) is deleted and the following
is substituted therefor:
“Program Executing Agency” means the entity or
entities responsible for the carrying out of the Program as specified in the
Loan Agreement;
(d) The term “Project Executing Agency” wherever it
appears in the Loan Regulations Shalt be substituted by the term “Program
Executing Agency”; and
(e) Section 5.01 (b) is deleted.
Section 1.02. Wherever used in this Loan Agreement,
the several terms defined in the Loan Regulations have the respective meanings
therein set forth unless modified herein or the context otherwise requires.
Additional terms used in this Loan Agreement have the following meanings:
(a) "Counterpart Funds” means the local
currency generated from the Loan proceeds under the Program and referred to in
paragraph 5 of Schedule 4 to this Loan Agreement;
(b) “Deposit Account" means the account
referred to in paragraph 3 of Schedule 3 to this Loan Agreement;
(c) “Loan Disbursement Handbook" means ADB's
Loan Disbursement Handbook (2017, as amended from time to time);
(d) “MOH” means the Ministry of Health of the
Borrower or any successor thereto;
(e) “Policy Matrix” means the policy matrix as
agreed between the Borrower, through MOH, and ADB, which sets forth actions
accomplished or to be accomplished by the Borrower under the Program and is
attached to the Policy Letter; and
(f) “Program Executing Agency” for the purposes of,
and within the meaning of, the Loan Regulations means MOH or any successor
thereto acceptable to ADB, which is responsible for the carrying out of the
Program.
ARTICLE
II
The
Loan
Section 2.01. (a) ADB agrees to lend to the
Borrower from ADB's ordinary capital resources an amount of eighty-eight
million six hundred thousand Dollars ($88,600,000).
(b) The Loan has a principal repayment period of 20
years, and a grace period as defined in subsection (c) hereinafter.
(c) The term "grace period” as used in
subsection (b) hereinabove means the period prior to the first Principal
Payment Date in accordance with the amortization schedule set forth in Schedule
2 to this Loan Agreement.
Section 2.02. The Borrower shad pay to ADB an
interest charge at the rate of 2% per annum during the grace period and
thereafter, on the amount of the Loan withdrawn from the Loan Account and
outstanding from time to time.
Section 2.03. The interest charge and any other
charge on the Loan shall be payable semiannually on 1 May and 1 November in
each year.
Section 2.04. The Borrower shall repay the
principal amount of the Loan withdrawn from the Loan Account in accordance with
the amortization schedule set forth in Schedule 2 to this Loan Agreement
Section 2.05. The currency of repayment of the
principal of the Loan and the currency of payment of the interest charge for
the purposes of Sections 4.03(a) and 4.04 of the Loan Regulations shall be the
Dollar.
ARTICLE
III
Use
of Proceeds of the Loan
Section 3.01. The Borrower shall cause the proceeds
of the Loan to be applied to the financing of expenditures on the Program in
accordance with the provisions of this Loan Agreement
Section 3.02. The proceeds of the Loan shall be
withdrawn in accordance with the provisions of Schedule 3 to this Loan
Agreement, as such Schedule may be amended from time to time by agreement
between the Borrower and ADB.
Section 3.03. The Loan Closing Data for the
purposes of Section 8.02 of the Loan Regulations Shalt be 31 March 2020 or such
other date as may from time to time be agreed between the Borrower and ADB.
ARTICLE
IV
Particular
Covenants
Section 4.01. In the carrying out of the Program,
the Borrower shall perform, or cause to be performed, all obligations set forth
in Schedule 4 to this Loan Agreement.
Section 4.02. As pert of the reports and
information referred to in Section 6.05 of the Loan Regulations, the Borrower
shall furnish, or cause to be furnished, to ADB all such reports and
information as ADB shall reasonably request concerning (i) Counterpart Funds
and the use thereof, and (ii) the implementation of the Program, including the
accomplishment of the targets and carrying out of the actions set out in the
Policy Letter.
ARTICLE
V
Suspension;
Acceleration of Maturity
Section 5.01. The following is specified as an
additional event for suspension ofthe right of the Borrower to make withdrawals
from the Loan Account for the purposes of Section 8.01 (m) of the Loan
Regulations: the grant under the Project Grant Agreement shall have become
liable for suspension or cancellation.
Section 5.02. The following Is specified as an
additional event for acceleration of maturity for the purposes of Section 8.07(d)
of the Loan Regulations: the grant under the Project Grant Agreement shall have
become liable for suspension for 30 days or cancellation.
ARTICLE
VI
Effectiveness
Section 6.01. The following is specified as an
additional condition to the effectiveness of this Loan Agreement for the
purposes of Section 9.01(f) of the Loan Regulations: the execution and delivery
of the Project Grant Agreement on behalf of the Borrower shall have been duty
authorized or ratified by all necessary action and all conditions precedent to
its effectiveness (other than a condition requiring the effectiveness of this
Loan Agreement) shall have been fulfilled.
Section 6.02. A date 90 days after the date of this
Loan Agreement is specified for the effectiveness of the Loan Agreement for the
purposes of Section 9.04 of the Loan Regulations.
ARTICLE
VII
Miscellaneous
Section 7.01. The Minister of Finance of the
Borrower is designated as representative of the Borrower for the purposes of
Section 11.02 of the Loan Regulations.
Section 7.02. The following addresses are specified
for the purposes of Section 11.01 of the Loan Regulations:
For the Borrower
Ministry of Finance
No. 28 Tran Hung Dao Street
Hoan Kiem District
Ha Noi, Viet Nam
Facsimile Number
(84-24) 2220-8020
For ADB
Asian Development Bank
6 ADB Avenue
Mandaluyong City
1550 Metro Manila
Philippines
Facsimile Numbers:
(632) 636-2444
(632) 636-2305.
IN WITNESS WHEREOF the parties hereto, acting
through their representatives thereunto duly authorized, have caused this Loan
Agreement to be signed in their respective names as of the day and year first
above written and to be delivered at the principal office of ADB.
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SOCIALIST
REPUBLIC OF VIET NAM
TRAN XUAN HA
Deputy Minister
Ministry of Finance
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ASIA DEVELOPMENT
BANK
ERIC SIDGWICK
Country Director
Viet Nam Resident Mission
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SCHEDULE
1
Description of the Program
1. The principal objective of the Program is to
improve the quality of and access to local health care services for people in disadvantaged
and remote areas of the Borrower. The scope of the Program indudes (i)
strengthening public investment management for local health care; (ii)
improving service delivery models for the local health care network; and (iii)
strengthening the development and management of the local health care
workforce.
2. The Program is described in more detail in the
Policy Letter.
3. The disbursement of Loan proceeds under the
Program is expected to be completed by 31 March 2020
SCHEDULE
2
Amortization Schedule
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Date Payment
Due
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Payment of Principal
(Expressed in US Dollars)
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1 May 2024
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2,215,000
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1 November 2024
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2,215,000
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1 May 2025
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2,215,000
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1 November 2025
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2,215,000
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1 May 2026
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2,215,000
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1 November 2026
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2,215,000
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1 May 2027
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2,215,000
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1 November 2027
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2,215.000
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1 May 2028
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2,215,000
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1 November 2028
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2,215,000
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1 May 2029
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2,215,000
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1 November 2029
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2,215,000
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1 May 2030
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2,215,000
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1 November 2030
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2,215,000
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1 May 2031
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2.215.000
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1 November 2031
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2,215,000
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1 May 2032
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2,215,000
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1 November 2032
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2,215,000
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1 May 2033
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2,215,000
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1 November 2033
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2,215,000
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1 May 2034
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2,215,000
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1 November 2034
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2,215,000
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1 May 2035
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2,215,000
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1 November 2035
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2,215,000
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1 May 2036
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2,215,000
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1 November 2036
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2,215,000
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1 May 2037
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2,215,000
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1 November 2037
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2,215,000
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1 May 2038
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2,215,000
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1 November 2038
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2,215,000
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1 May 2039
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2,215,000
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1 November 2039
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2,215,000
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1 May 2040
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2,215,000
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1 November 2040
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2,215,000
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1 May 2041
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2,215,000
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1 November 2041
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2,215,000
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1 May 2042
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2,215,000
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1 November 2042
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2,215,000
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1 May 2043
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2,215,000
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1 November 2043
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2,215,000
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Total
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88,600,000
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The arrangements for payment are subject to the
provisions of Sections 3.04 and 4.03 of the Loan Regulations
SCHEDULE
3
Withdrawal of Loan Proceeds
1. Except as set out in this Schedule or as ADB may
otherwise agree, the Loan proceeds shall to disbursed in accordance with the
Loan Disbursement Handbook.
2. An application for withdrawal from the Loan
Account shell be submitted to ADB by the Borrower and shall be in a form
satisfactory to ADB.
3. (a) Prior to submitting the first application to
ADD for withdrawal from the Loan Account, the Borrower shall nominate an
account (the Deposit Account) at a commercial bank into which all withdrawals
from the Loan Account shall be deposited. The Deposit Account shall be
established, managed and liquidated in accordance with the applicable
regulations and procedures of the Borrower.
(b) Separate accounts and records in respect of the
Deposit Account shall be maintained in accordance with accounting principles
acceptable to ADB. Upon ADB's request, the Borrower shall have the financial
statements for the Deposit Account audited by independent auditors, whose
qualifications, experience and terms of reference are acceptable to ADB, in
accordance with international standards for auditing or the national equivalent
acceptable to ADB. Promptly after their preparation but in any event not later
than 6 months after the date of ADB’s request copies of such audited financial
statements and toe opinion of the auditors on the financial statements, in the
English language, shall be furnished to ADB.
4. No Loan proceeds shall be withdrawn to finance
any item specified in the Attachment to this Schedule.
5. The Borrower may withdraw the Loan upon
effectiveness of this Loan Agreement.
Attachment to
Schedule 3
Negative List
No withdrawals of Loan proceeds will be made for
the following:
(i) expenditures for goods included in the
following groups or sub-groups of the United Nations Standard International
Trade Classification, Revision 3 (SITC, Rev. 3) or any successor groups or
sub-groups under future revisions to the SITC, as designated by ADB by notice
to the Borrower:
Table: ineligible
items
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Chapter
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Heading
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Description of items
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112
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Alcoholic beverages
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121
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Tobacco,
unmanufactured; tobacco refuse
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122
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Tobaoco, manufactured
(whether or not containing tobacco substitute
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525
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Radioactive and
associated materials
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667
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Pearls, precious and
semiprecious stones, unworked or worked
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718
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718.7
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Nuclear reactors, and parts
thereof, fuel elements (cartridges), nonirradlated for nuclear reactors
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728
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728.43
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Tobacco processing
machinery
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897
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897.3
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Jewelry of gold, silver
or platinum-group metals (except watches and watch cases) and goldsmiths’ or silversmiths’
wares (including set gems)
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971
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Gold, nonmonetary
(excluding gold ore and concentrates)
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Source: United Nations.
(ii) expenditures in the currency of the Borrower
or for goods supplied from the territory of the Borrower;
(iii) expenditures for goods supplied under a
contract that any national or international financing institution or agency
will have financed or has agreed to finance, including any contract financed
under any loan or grant from the ADB;
(iv) expenditures for goods intended for a military
or paramilitary purpose or for luxury consumption;
(v) expenditures for narcotics;
(vi) expenditures for environmentally hazardous
goods, the manufacture, use or import of which is prohibited under the laws of
the Borrower or international agreements to which the Borrower is a party; and
(vii) expenditures on account of any payment
prohibited by the Borrower in compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the United Nations.
SCHEDULE
4
Program implementation and Other Matters
Implementation Arrangements
1. The Program Executing Agency shall oversee and
coordinate the timely implementation of the policy actions.
2. The Borrower shall ensure that the Loan proceeds
are made available to the Program Executing Agency for development and
implementation of health policies and plans consistent with the Program.
Policy Actions and Dialogue
3. The Borrower, through MOH, shall ensure that all
policy actions adopted under the Program, as set forth in the Policy Letter and
the Policy Matrix, continue to be in effect for the duration of the Program.
4. The Borrower, through MOH, shall keep ADB
informed of policy discussions with other multilateral and bilateral aid
agencies that may have implications for the implementation of the Program and
shall provide ADB with an opportunity to comment on any resulting policy
proposals. The Borrower shall take into account ADB's views before finalizing
and implementing any such proposal.
Use of Counterpart Funds
5. The Borrower shall ensure that the Counterpart
Funds are used to finance the implementation of certain programs and activities
consistent with the objectives of the Program.
Governance and Anticorruption
6. The Borrower and the Program Executing Agency
shall (a) comply with ADB's Anticorrption Policy (1998, as amended to date) and
acknowledge that ADB reserves the right to investigate directly, or through its
agents, any alleged corrupt fraudulent collusive or coercive practice relating
to the Program; and (b) cooperate with any such investigation and extend all
necessary assistance for satisfactory completion of such investigation.
Monitoring and Review
7. The Program reviews shall be carried out and
performance shall be monitored in conjunction with the Project reviews and
monitoring, as detailed in the Project Grant Agreement.