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:
27/2015/TB-LPQT
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Hà Nội, ngày 15
tháng 07 năm 2015
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định của Luật Ký kết,
gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại giao trân trọng thông
báo:
Hiệp định vay vốn cho dự án Xây dựng
nhà máy nhiệt điện Thái Bình và đường dây truyền tải (II) giữa Chính phủ nước Cộng
hòa xã hội chủ nghĩa Việt Nam và Cơ quan Hợp tác Quốc tế Nhật Bản (JICA), ký tại Hà Nội ngày 26 tháng 01 năm 2015, có hiệu lực kể từ ngày 20
tháng 5 năm 2015.
Bộ Ngoại giao trân trọng gửi bản sao
Hiệp định 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 Đức Hạnh
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Loan Agreement No. VN13-P8
LOAN AGREEMENT
For
Thai Binh Thermal Power Plant and Transmission Lines
Construction Project (II)
Between
JAPAN INTERNATIONAL COOPERATION AGENCY
And
THE GOVERNMENT OF THE SOCIALIST
REPUBLIC OF VIET NAM
January 26, 2015
Table of Contents
Article I
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Loan
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Section 1.
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Amount and Purpose of Loan
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Section 2.
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Use of Proceeds of Loan
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Article II
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Repayment, Interest and Front-End Fee
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Section 1.
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Repayment of Principal
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Section 2.
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Interest and Method of Payment thereof
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Section 3.
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Front-End Fee and Method of Payment thereof
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Article III
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Particular Covenants
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Section 1.
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General Terms and Conditions
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Section 2.
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Procurement Procedure
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Section 3.
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Disbursement Procedure
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Section 4.
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Administration of Loan
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Section 5.
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Table of Contents and Headings
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Section 6.
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Conditions of Contract
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Section 7.
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Notices and Requests
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Schedule 1
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Description of Project
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Schedule 2
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Allocation of Proceeds of Loan
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Schedule 3
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Amortization Schedule
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Schedule 4
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Procurement Procedure
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Schedule 5
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Commitment Procedure
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Schedule 6
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Reimbursement Procedure
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Schedule 7
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Transfer Procedure
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Loan Agreement No. VN13-P8, dated January 26, 2015,
between the JAPAN INTERNATIONAL COOPERATION AGENCY and THE GOVERNMENT OF THE
SOCIALIST REPUBLIC OF VIET NAM
On the basis of the Exchange of Notes between THE
GOVERNMENT OF JAPAN and THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
dated March 18, 2014 concerning a Japanese loan to be extended with a view to
promoting the economic stabilization and development efforts of the Socialist
Republic of Viet Nam,
the JAPAN INTERNATIONAL COOPERATION AGENCY (hereinafter
referred to as “JICA”) and THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF
VIET NAM (hereinafter referred to as the “Borrower”) herewith conclude
the following Loan Agreement (hereinafter referred to as the “Loan Agreement”,
which includes all agreements supplemental hereto).
Article
I
Loan
Section 1. Amount and Purpose of Loan
JICA agrees to lend the Borrower an amount not
exceeding THIRTY SIX BILLION THREE HUNDRED NINETY TWO MILLION Japanese Yen
(¥36,392,000,000) as the principal for the implementation of Thai Binh Thermal
Power Plant and Transmission Lines Construction Project described in Schedule 1
attached hereto (hereinafter referred to as the “Project”) on the terms
and conditions set forth in the Loan Agreement and in accordance with the
relevant laws and regulations of Japan (hereinafter referred to as the “Loan”);
provided, however, that when the cumulative total of disbursements under the
Loan Agreement reaches the said limit, JICA shall make no further disbursement.
Section 2. Use of Proceeds of Loan
(1) The Borrower shall cause the proceeds of the
Loan to be used for the purchase of eligible goods and services necessary for
the implementation of the Project from suppliers, contractors or consultants
(hereinafter collectively referred to as the “Supplier(s)”) of the
eligible source country(ies) described in Section 2. of Schedule 4 attached
hereto (hereinafter referred to as the “Eligible Source Country(ies)”)
in accordance with the allocation described in Schedule 2 attached hereto.
(2) The final disbursement under the Loan Agreement
shall be made within the period from the effective date of the Loan Agreement
to the same day and month nine (9) years after the effective date of the Loan
Agreement unless otherwise agreed upon between JICA and the Borrower
(hereinafter referred to as the “Disbursement Period”), and no further
disbursement shall be made by JICA after the Disbursement Period has expired.
(3) Notwithstanding the stipulation in Section 2. (2)
above, if the expiry date of the Disbursement Period is not a banking business
day in Japan, the immediately succeeding banking business day in Japan shall be
deemed the expiry date of the Disbursement Period.
(4) In the event that a specified amount of the
Loan is determined to have been used for the purpose other than that stipulated
in Section 2. (1) above, or overpaid upon the Borrower’s request, the Borrower
shall refund to JICA, such amount together with the interest accrued thereon.
Notwithstanding the above, if such refund is made before the Disbursement
Period expires, the interest accrued thereon shall be paid to JICA on the
Payment Date immediately following the date the refund is made.
Article
II
Repayment,
Interest and Front-End Fee
Section 1. Repayment of Principal
The Borrower shall repay the principal of the Loan
to JICA in accordance with the Amortization Schedule as set forth in Schedule 3
attached hereto.
Section 2. Interest and Method of Payment thereof
(1) The Borrower shall pay the interest to JICA
semi-annually at the rate of one and four-tenths percent (1.4%) per annum on
the principal corresponding to categories (a) and (b) below disbursed
(hereinafter referred to as the “Principal (I)”) and outstanding:
(a) the principal of the Loan allocated to
Categories (A), (B) and (D)-i) (provided for in Section 1. of Schedule 2
attached hereto); and
(b) any principal reallocated from Category (E)
(provided for in Section 1. of Schedule 2 attached hereto) and disbursed with
respect to Section 2.(1) (a) above.
(2) The Borrower shall pay the interest to JICA
semi-annually at the rate of one-hundredth percent (0.01%) per annum on the
principal corresponding to categories (a) and (b) below disbursed (hereinafter
referred to as the “Principal (II)”) and outstanding:
(a) the principal of the Loan allocated to
Categories (C) and (D)-ii) (provided for in Section 1. of Schedule 2 attached
hereto); and
(b) any principal reallocated from Category (E)
(provided for in Section 1. of Schedule 2 attached hereto) and disbursed with
respect to Section 2.(2) (a) above.
(3) The Borrower shall pay the interest on the Loan
to JICA on January 20 and July 20 each year (hereinafter each referred to as
the “Payment Date”).
(4) Such interest shall be payable in arrears on
each Payment Date:
(a) (in case of the initial payment of the interest
with respect to any disbursement) for the period from and including the day on
which the first disbursement is made under the Loan Agreement up to but
excluding the first Payment Date on or after the day on which the first
disbursement is made; and
(b) (in case of each subsequent payment of the
interest with respect to any disbursement) for the period from and including
the immediately preceding Payment Date up to but excluding such each Payment
Date.
(5) Notwithstanding Section 2. (4) above, for each
of the following cases, each payment that is required to be paid on each
Payment Date shall instead become due and payable on the corresponding date of
the month which is one (1) month after such each Payment Date:
(a) if any Payment Date of the interest falls
during the period from and including the day on which the first disbursement is
made up to and including the Completion Date; and
(b) if the Payment Date of the first payment of the
interest on or after the Completion Date falls during the period from and
including the Completion Date up to and including the corresponding date of the
month which is two (2) months after the Completion Date.
Section 3. Front-End Fee and Method of Payment thereof
(1) The Borrower shall pay a fee to JICA at the
rate of two-tenths percent (0.2%) on the maximum amount of the Loan specified
in Article I, Section 1. above (hereinafter referred to as the “Front-End
Fee”).
(2) The Borrower shall pay the Front-End Fee
anytime on or after the date of effectuation of the Loan Agreement, but by the
date set and notified by JICA to the Borrower upon effectuation of the Loan
Agreement, which shall be no less than sixty (60) days from but excluding the
date of effectuation of the Loan Agreement (hereinafter referred to as the “FEF
Payment Date”).
(3) Nevertheless, if the date notified as the FEF
Payment Date is not a banking business day in Japan, the immediately succeeding
banking business day in Japan shall be deemed the FEF Payment Date.
(4) If the Disbursement Period originally
stipulated in Article I, Section 2. (2) of the Loan Agreement (hereinafter
referred to as the “Original Disbursement Period”) has not been extended
and the Completion Date, determined by JICA, has occurred within the Original
Disbursement Period, the Borrower shall have the right to request JICA to repay
the amount equivalent to one tenth percent (0.1%) on the maximum amount of the
Loan specified in Article I, Section 1. above. Unless otherwise agreed between
JICA and the Borrower in writing, such repayment shall be made by setting-off,
as specified by JICA, against any amount payable by the Borrower to JICA under
the Loan Agreement, upon each due date. In any event, no interest or overdue
charge shall accrue on the amount to be repaid from JICA to the Borrower
hereunder.
Article III
Particular Covenants.
Section 1. General Terms and
Conditions
Other terms and conditions generally applicable to
the Loan Agreement shall be set forth in JICA’s General Terms and Conditions
for Japanese ODA Loans, dated April 2012 (hereinafter referred to as the “General
Terms and Conditions”), with the following supplemental stipulations:
(1) The term “principal” wherever mentioned in the
General Terms and Conditions shall be replaced by “Principal (I) and Principal
(II)” .
(2) The term “Executing Agency” stipulated in the
section 2.01 (j) in the General Terms and Conditions shall be replaced by
“Executing Agency (I) and Executing Agency (II)” as stipulated in section 4 (2)
and (4) of Article III.
(3) Section 3.02. (2) of the General Terms and
Conditions shall be read as follows:
(2) When all disbursements to be made under the
Loan Agreement have been completed:
(a) if there has been any reallocation between
Categories which caused any changes in the amounts of Principal (I) and
Principal (II), the amortization schedule attached to the Loan Agreement shall
be recalculated and amended by JICA based on the amounts of Principal (I) and
Principal (II) after such reallocation (hereinafter referred to as the
“Recalculated Schedule”); and
(b) if the cumulative total of all disbursements is
less than the full amount of the Loan stipulated therein, the difference
between the full amount of the Loan and the cumulative total of all
disbursements shall be deducted proportionately from all subsequent
installments of repayment of the principal, as indicated in the amortization
schedule attached to the Loan Agreement, or the Recalculated Schedule, if any
reallocation as stipulated in paragraph (a) above was made, as applicable,
excluding the Subsequent Installments;
(c) provided, however, that all fractions of less
than ONE THOUSAND Japanese Yen (¥1,000) of such subsequent installments after
the calculations in accordance with paragraph(s) (a) and/or (b) above, shall be
added to the first installment of the subsequent installments.
(4) The Commitment Charge shall not be charged or
payable hereunder, and therefore, the Articles and Sections of the General
Terms and Conditions or any part thereof applicable or referring to the
Commitment Charge shall be disregarded.
(5) Section 2.01. (v) of the General Terms and
Conditions shall be read as follows: (v) “Overdue Charge” means a charge to be
paid by the Borrower to JICA calculated at the rate of two percent (2%) per
annum over and above the interest rate specified in the Loan Agreement on the
overdue amount of principal, interest or Any Other Charges (excluding the
Front-End Fee and the Prepayment Premium) required under the Loan Agreement for
a period from the due date to the day immediately preceding the date of the
actual payment thereof, both inclusive.
(6) Section 3.06. (1) of the General Terms and
Conditions shall be read as follows: (1) Should repayment of principal, or
payment of interest or Any Other Charges (excluding the Front-End Fee and the
Prepayment Premium) required under the Loan Agreement be delayed, the interest
specified in Section 3.03. shall cease to accrue on such overdue amount of principal
on and after the due date and the Overdue Charge shall be payable.
(7) With regard to Section 3.08. (1) of the General
Terms and Conditions, the Borrower shall have all repayment and/or prepayment
of principal and payment of interest and Any Other Charges under the Loan
Agreement credited to “JICA-Loan” account No. 0207787 with The Bank
of Tokyo-Mitsubishi UFJ, Ltd., Head Office, Japan.
(8) Section 3.10 of the General Terms and
Conditions shall be read as follows: If the amount paid by the Borrower is less
than the total amount due and payable under the Loan Agreement, the Borrower
agrees that the amount paid shall be applied and appropriated in the following
order: (i) the Front-End Fee, (ii) the Overdue Charge, (iii) the Prepayment
Premium, (iv) the interest, and (v) the principal. Notwithstanding the
foregoing, JICA may apply and appropriate the amount received in the order
decided by itself.
Section 2. Procurement Procedure
The guidelines for procurement and for the
employment of consultants mentioned in Section 4.01. of the General Terms and
Conditions shall be as stipulated in the Procurement Procedure attached hereto
as Schedule 4.
Section 3. Disbursement Procedure
The disbursement procedure mentioned in Section
5.01. of the General Terms and Conditions shall be Commitment Procedure,
Reimbursement Procedure and/or Transfer Procedure as stipulated in the
Schedules attached hereto.
Section 4. Administration of Loan
(1) The Borrower shall authorize Ministry of
Industry and Trade (hereinafter referred to as the “Line Agency”) to
ensure the overall coordination and management of the Project.
(2) The Borrower shall authorize-Vietnam
Electricity (hereinafter referred to as the “Executing Agency I”) as the
executing agency.
(3) The Borrower shall cause the Executing Agency I
to employ consultants for the implementation of the Project.
(4) The Borrower shall also authorize National
Power Transmission Corporation (hereinafter referred to as the “Executing
Agency II”) as the executing agency.
(5) The Borrower may, out of the proceeds of the
Loan, make a loan(s) to the Executing Agency I and the Executing Agency II for
the implementation of the Project. The terms and conditions of the sub-loan
(hereinafter referred to as the “Sub-loan”) shall be those acceptable to
JICA.
(6) Should the funds available from the proceeds of
the Loan be insufficient for the implementation of the Project, the Borrower
shall make arrangements promptly to provide such funds as shall be needed.
(7) The Borrower shall cause the Executing Agency I
and the Executing Agency II to furnish JICA with progress reports for the
Project on a quarterly basis (in March, June, September and December of each
year) until the Project is completed, in such form and in such detail as JICA may
reasonably request.
(8) Promptly, but in any event not later than six
(6) months after completion of the Project, the Borrower shall cause the
Executing Agency I and the Executing Agency II to furnish JICA with a project
completion report in such form and in such detail as JICA may reasonably
request.
Section 5. Table of Contents and Headings
Table of Contents and the headings of Articles or
Sections herein are inserted for convenient reference only, are not part of the
Loan Agreement and do not affect the construction of, or be taken into
consideration in interpreting the Loan Agreement.
Section 6. Conditions of Contract
Any contract to be financed out of the proceeds of
the Loan shall fulfill the following conditions:
(1) The bid prices shall be stated in Japanese Yen
and/or other internationally traded currency, provided, however, that any
portion of the bid price which the bidder expects to spend in the Socialist
Republic of Viet Nam shall be stated in Vietnamese Dong.
(2) The contract prices shall be stated in Japanese
Yen and/or other internationally traded currency, provided, however, that any
portion of the contract price which the bidder expects to spend in the
Socialist Republic of Viet Nam shall be stated in Vietnamese Dong.
Section 7. Notices and Requests
The following addresses are specified for the
purpose of Section 9.03. of the General Terms and Conditions:
For JICA
Postal address:
JAPAN INTERNATIONAL COOPERATION AGENCY
JICA VIETNAM OFFICE
11th Floor, Corner Stone Building, 16 Phan Chu
Trinh Street, Hoan Kiem District, Hanoi, VIET NAM
Attention: Chief Representative
For the Borrower
Postal address:
MINISTRY OF FINANCE
28 Tran Hung Dao Street, Hanoi, VIET NAM
Attention: Director General of Debt Management and
External Finance Department
For the Executing Agency I
Postal address:
VIETNAM ELECTRICITY
EVN Tower, No. 11, Cua Bac Street, Truc Bach Ward,
Ba Dinh District, Hanoi, VIETNAM
Attention: Director of International Relations
Department
For the Executing Agency II
Postal address:
NATIONAL POWER TRANSMISSION CORPORATION
No. 18 Tran Nguyen Han Street, Hoan Kiem, Hanoi,
Vietnam
Attention Vice President, Finance
If the above addresses and/or names are changed,
the party concerned shall immediately notify the other party hereto in writing
of the new addresses and/or names.
IN WITNESS WHEREOF, JICA and the Borrower, acting
through their duly authorized representatives, have caused the Loan Agreement
to be duly executed in their respective names and delivered in Hanoi, Viet Nam,
as of the day and year first above written.
For
JAPAN INTERNATIONAL
COOPERATION AGENCY
Mutsuya Mori
Chief Representative
Vietnam Office
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For
THE GOVERNMENT OF
THE SOCIALIST REPUBLIC OF VIET NAM
Truong Chi Trung
Vice Minister
Ministry of Finance
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Schedule
1
Description of Project
Section 1. Outline of the Project
(1) Objective
The objective of the Project is to meet the
increasing power demand of the Socialist Republic of Vietnam through construction
of a new coal-fired thermal power plant and related transmission network, in
Thai Binh Province, thereby contributing to the socio-economic development of
the country.
(2) Location:
Thai Binh Province
(3) Line Agency
Ministry of Industry and Trade
(4) Executing Agencies:
Executing Agency I: Vietnam Electricity
Executing Agency II: National Power Transmission
Corporation
(5) Scope of the Work:
(a) Construction Works for Power Plant
(b) Construction Works for Transmission Lines
(c) Consulting Services
The proceeds of the Loan are available for the
above items (a) through (c).
Any balances remaining on the aforementioned items
are to be financed by the Borrower.
Section 2. Limitation of Government Budget
Disbursement of the proceeds of the Loan shall be
made within the limit of the Japanese Government’s annual budgetary
appropriations for JICA.
Schedule
2
Allocation of Proceeds of Loan
Section 1. Allocation
Category
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Amount of the Loan
Allocated (in million Japanese Yen)
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%
of Expenditure to be Financed
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(A) Construction Works for Power Plant
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32,334
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100%
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(B) Construction Works for Transmission Lines
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1,298
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100%
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(C) Consulting Services for Category (A)
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246
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100%
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(D) Interest During Construction
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_
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i) with respect to (A) and (B)
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831
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_
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ii) with respect to (C)
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1
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_
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(E) Contingencies
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1,682
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Total
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36,392
|
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Note: Items not eligible for financing are as shown
below
(a) General administration expenses
(b) Taxes and duties
(c) Purchase of land and other real property
(d) Compensation
(e) Other indirect items
(1) With regard to disbursement in any of
Categories (A) through (C), the amount to be disbursed shall be calculated from
the eligible expenditure by multiplying with the percentage of the respective
Category stipulated in this section, unless otherwise agreed upon between JICA
and the Borrower.
(2) Category (D) indicates the estimated cost of
the interest on the principal disbursed and outstanding during construction. JICA
shall be entitled to disburse as the principal out of the proceeds of the Loan
and pay to itself, on behalf of the Borrower, the amounts required to meet
payments, when due, of the interest during the construction period of the
Project(II). Such disbursement out of the proceeds of the Loan shall constitute
a valid and binding obligation upon the Borrower under the terms and conditions
of the Loan Agreement. The final date of such disbursement as described above
shall be determined by JICA.
Section 2. Reallocation upon change in cost
estimates
If the estimated cost of items included in any of
Categories (A) through (D) shall increase, the amount equal to the portion, if
any, of such increase to be financed out of the proceeds of the Loan, will be
allocated by JICA, to such Category from other Categories, subject, however, to
the requirements for contingencies, as determined by JICA, in respect of the
cost of items in the other Categories.
Schedule
3
Amortization Schedule
1. Repayment of Principal (I)
Due Date
|
Amount
(in Japanese Yen)
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On January 20, 2025
|
881,600,000
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On each January 20 and July 20
beginning July 20, 2025
through January 20, 2045
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881,585,000
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The loan amount allocated to Category (E) as stipulated
in Section 1. of Schedule 2 is tentatively included in the “Principal (I)”.
2. Repayment of Principal (II)
Due Date
|
Amount
(in Japanese Yen)
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On January 20, 2025
|
6,040,000
|
On each January 20 and July 20
beginning July 20, 2025
through January 20, 2045
|
6,024,000
|
Schedule
4
Procurement Procedure
Section 1. Guidelines to be used for procurement
under the Loan
(1) Procurement of all goods and services, except
consulting services, to be financed out of the proceeds of the Loan shall be in
accordance with the Guidelines for Procurement under Japanese ODA Loans dated
March 2009 (hereinafter referred to as the “Procurement Guidelines”).
(2) Employment of consultants to be financed out of
the proceeds of the Loan shall be in accordance with the Guidelines for the
Employment of Consultants under Japanese ODA Loans dated March 2009
(hereinafter referred to as the “Consultant Guidelines”).
Section 2. Eligible Source Country(ies)
The Eligible Source Country(ies) for procurement of
all goods and services (including consulting services) to be financed out of
the proceeds of the Loan are all countries and areas.
Section 3. JICA’s review of decisions relating to
procurement of goods and services (except consulting services)
In the case of contracts to be financed out of the
proceeds of the Loan allocated to Categories (A) and (B), as specified in
Section 1. of Schedule 2 attached hereto, the following procedures shall, in
accordance with Section 4.02. of the General Terms and Conditions, be subject
to JICA's review and concurrence.
(1) With regard to any contract the amount of which
is estimated to be not less than THREE BILLION Japanese Yen (¥ 3,000,000,000):
(a) If the Borrower wishes to adopt procurement
procedures other than International Competitive Bidding, the Borrower shall
submit to JICA a Request for Review of Procurement Procedure(s) (as per Form
No.1 attached hereto). The Borrower shall submit to JICA, for JICA’s reference,
such other documents related to the procurement procedures as JICA may
reasonably request. When JICA has no objection, JICA shall inform the Borrower
of its concurrence.
(b) Before advertisement and/or notification of
pre-qualification, the Borrower shall submit to JICA, for JICA’s review and
concurrence, the pre-qualification documents including a pre-qualification
evaluation criteria. The Borrower shall submit to JICA, for JICA’s reference,
such other documents related to the pre-qualification documents as JICA may
reasonably request. When JICA has no objection to the said documents, JICA
shall inform the Borrower accordingly. When the Borrower wishes to make an
important alteration to any of the said documents, JICA’s concurrence shall be
obtained before the documents are sent to prospective applicants.
(c) When the pre-qualified firms have
been selected, the Borrower shall submit to JICA, for JICA’s review and
concurrence, a list of those firms and a report on the selection process, with
the reasons for the choice made, attaching all relevant documents, together
with a request for review of result of pre-qualification. The
Borrower shall submit to JICA, for JICA’s reference, such other documents
related to the pre-qualification as JICA may reasonably request. When JICA has
no objection to the said documents, JICA shall inform the Borrower accordingly.
(d) Before inviting bids, the Borrower shall submit
to JICA, for JICA’s review and concurrence, the tender documents such as the
notices and instructions to bidders, bid form, bid evaluation criteria,
proposed draft contract, specifications, drawings and all other documents
related to the bidding. The Borrower shall submit to JICA, for JICA’s
reference, such other documents related to the tender documents as JICA may
reasonably request. When JICA has no objection to the said documents, JICA
shall inform the Borrower accordingly. When the Borrower wishes to make an
important alteration to any of the said documents, JICA’s concurrence shall be
obtained before the documents are sent to prospective bidders.
(e) Before sending a notice of award to the
successful bidder, the Borrower shall submit to JICA, for JICA’s review and
concurrence, the analysis of bids and proposal for award. The Borrower shall
submit to JICA, for JICA’s reference, such other documents related to the award,
such as tender documents, as JICA may reasonably request. When JICA has no
objection to the said documents, JICA shall inform the Borrower accordingly.
(f) When, as provided for in Section 5.10 of the
Procurement Guidelines, the Borrower wishes to reject all bids or to negotiate
with the lowest evaluated bidder (or, failing a satisfactory result of such
negotiation, with the next-lowest evaluated bidder) with a view to obtaining a
satisfactory contract, the Borrower shall inform JICA of its reasons, requesting
prior review and concurrence. When JICA has no objection, JICA shall inform the
Borrower of its concurrence. In the case of re-bidding, all subsequent
procedures shall be substantially in accordance with the sub-paragraphs (a)
through (e).
(g) Promptly after executing a contract but, in any
event, before implementation, the Borrower shall submit to JICA, for JICA’s
review and concurrence, a duly certified copy of the contract, together with a
Request for Review of Contract (as per Form No.2 attached hereto). The Borrower
shall submit to JICA, for JICA’s reference, such other documents related to the
contract as JICA may reasonably request. When JICA determines the contract to
be consistent with the Loan Agreement, JICA shall inform the Borrower of its concurrence.
(h) Any modificationt or cancellation of a contract
reviewed by JICA shall require the prior written concurrence of JICA thereto;
provided, however, that any change which does not constitute an important
modification of the contract and which does not affect the contract amount
shall not require such concurrence of JICA.
(i) Notwithstanding the provision of sub-paragraph
(h) above, with respect to the adjustment of the contract amount made in accordance
with the provisions of the original contract (including the price escalation
clauses or re-measurement under the original design) which have already been
reviewed and concurred by JICA, the Borrower may make an adjustment to the
contract amount pursuant to the original contract with submitting to JICA
promptly the post-fact notification reporting the adjustment made on the
contract amount, instead of obtaining the prior written concurrence of JICA.
(2) With regard to any contract the amount of which
is estimated to be not less than ONE BILLION Japanese Yen (¥ 1,000,000,000) but
less than THREE BILLION Japanese Yen (¥ 3,000,000,000):
(a) The procedures stipulated in Section 3.(1)
shall apply.
(b) Notwithstanding the stipulation in Section
3.(2)(a) above, the procedures stipulated in Section 3. (1)(a) through (f) may
be disregarded for specific contracts if the Borrower submits to JICA such
request in writing and if JICA agrees to such request.
(3) With regard to any contract the amount of which
is estimated to be less than ONE BILLION Japanese Yen (¥ 1,000,000,000):
(a) Promptly after executing a contract but, in any
event, before implementation, the Borrower shall submit to JICA, for JICA’s
review and concurrence, a duly certified copy of the contract, together with a
Request for Review of Contract (as per Form No.2 attached hereto). The Borrower
shall submit to JICA, for JICA’s reference, such other documents related to the
contract as JICA may reasonably request. When JICA determines the contract to
be consistent with the Loan Agreement, JICA shall inform the Borrower of its
concurrence.
(b) Any modification or cancellation of a contract
reviewed by JICA shall require the prior written concurrence of JICA thereto;
provided, however, that any change which does not constitute an important
modification of the contract and which does not affect the contract amount
shall not require such concurrence of JICA.
(c) Notwithstanding the provision of sub paragraph
(b) above, with respect to the adjustment of the contract amount made in
accordance with the provisions of the original contract (including the price
escalation clauses or re-measurement under the original design) which have
already been reviewed and concurred by JICA, the Borrower may make an adjustment
to the contract amount pursuant to the original contract with submitting to
JICA promptly the post-fact notification reporting the adjustment made on the
contract amount, instead of obtaining the prior written concurrence of JICA.
(4) With regard to any contract the amount of which
is estimated to be less than FIVE HUNDRED MILLION Japanese Yen (¥ 500,000,000):
JICA reserves the right to request the Borrower to
submit documents concerning such procurement for JICA’s reference.
Section 4. JICA’s review of decisions relating to
employment of consultants
In the case of contracts to be financed out of the
proceeds of the Loan allocated to Category (C), as specified in Section 1. of
Schedule 2 attached hereto, the following procedures shall, in accordance with Section
4.02. of the General Terms and Conditions, be subject to JICA’s review and
concurrence.
(1) Before proposals are invited from consultants,
the Borrower shall submit to JICA, for JICA’s review and concurrence, a Short
List of Consultants and the Request for Proposals, together with a Request for
Review of these documents. The Borrower shall submit to JICA, for JICA’s
reference, such other documents as JICA may reasonably request. When JICA has
no objection to the said documents, JICA shall inform the Borrower accordingly
by means of a Notice regarding the Short List of Consultants and the Request
for Proposals. Any further modification by the Borrower of the said documents
shall require the prior concurrence of JICA.
(2) When Quality and Cost-Based Selection (QCBS),
as provided for in Section 3.02 of the Consultant Guidelines, is adopted, the
Borrower shall, before opening financial proposals, submit to JICA, for JICA’s
review and concurrence, the Borrower’s analysis of technical proposals,
together with a Request for Review of Evaluation of Technical Proposals. The
Borrower shall submit to JICA, for JICA’s reference, such other documents as
JICA may reasonably request. When JICA has no objection, JICA shall inform the
Borrower accordingly by means of a Notice regarding Evaluation of Technical
Proposals.
(3) Before initiating contract negotiations with
the highest-ranked consultant, the Borrower shall submit to JICA, for JICA’s
review and concurrence, the results of the Borrower’s evaluation of proposals,
together with a Request for Review of Evaluation Report on Consultants’
Proposals. The Borrower shall submit to JICA, for JICA’s reference, such other
documents as JICA may reasonably request. When JICA has no objection to the
said documents, JICA shall inform the Borrower accordingly by means of a Notice
regarding Evaluation Report on Consultants’ Proposals.
(4) If the Borrower wishes, as provided for in
Section 3.02(4) of the Consultant Guidelines, to use single-source selection,
the Borrower shall inform JICA in writing of its reasons, for JICA’s review and
concurrence, together with the Letter of Invitation and the Terms of Reference.
After obtaining the concurrence of JICA, the Borrower may send the Letter of
Invitation and the Terms of Reference to the consultant concerned. If the
Borrower finds the proposal of the consultant to be satisfactory, it may then
negotiate the conditions (including the financial terms) of the contract.
(5) Promptly after executing a contract, the
Borrower shall submit to JICA, for JICA’s review and concurrence, a duly
certified copy of the contract, together with a Request for Review of Contract
(as per Form No.3 attached hereto). The Borrower shall submit to JICA, for
JICA’s reference, such other documents as JICA may reasonably request. When
JICA determines the contract to be consistent with the Loan Agreement, JICA
shall inform the Borrower accordingly by means of a Notice regarding Contract.
(6) Any modification or cancellation of a contract
reviewed by JICA shall require the prior written concurrence of JICA thereto,
provided, however, that any change which does not constitute an important
modification of the contract and which does not affect the contract price shall
not require such concurrence of JICA.
Form No. 1
Date:
Ref. No.
JAPAN INTERNATIONAL COOPERATION AGENCY
JICA Vietnam Office
Attention:
Chief Representative
Ladies and Gentlemen:
REQUEST FOR REVIEW
OF PROCUREMENT METHOD(S)
Reference: Loan Agreement No. VN13-P8, dated
January, 2015, for Thai Binh Thermal Power Plant and Transmission Lines
Construction Project (II)
In accordance with the relevant provisions of the
Loan Agreement under reference, we hereby submit for your review the
Procurement Method(s) as per attached sheet.
We should be grateful if you would notify us of
your concurrence.
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Very truly yours,
For:
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(Name of the Borrower)
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By:
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(Authorized Signature)
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Attached Sheet for
Form No.1
1. Name of the Project: Thai Binh 1 Thermal
Power Plant and Transmission Lines Construction Project (II)
2. Procedure for Procurement
(
) Limited International (Local) Bidding
(
) International (Local) Shopping
(
) Direct Contract
(
) Others (
)
3. Reason for Selection of Procedure for Procurement
in Detail
(For example: technical considerations, economic
factors, experiences and capabilities)
4. Name and Nationality of the Supplier
(in the cases of Limited International (Local)
Bidding and Direct Contracting)
5. Estimated Contract Amount
Foreign Currency
Local Currency
6. Main Items Covered by the Contract
7. Type of Contract
(
) Turnkey Contract
(
) Design-Build Contract
(
) Civil Works Contract
(
) Procurement of Goods/Equipment/Materials
(
) Procurement of Services
(
) Others
8. Schedule
i) Date of Contract
ii) Shipping Date and/or Date for Commencement of
Works/Services
iii) Completion Date (for delivery or construction)
Form-No. 2
Date:
Ref. No.
JAPAN INTERNATIONAL COOPERATION AGENCY
JICA Vietnam Office
Attention:
Chief Representative
Ladies and Gentlemen:
REQUEST FOR REVIEW
OF CONTRACT
Reference:
Loan Agreement No. VN13-P8, January , 2015, for Thai Binh Thermal Power Plant
and Transmission Lines Construction Project (II)
In accordance with the relevant provisions of the
Loan Agreement under reference, we hereby submit for your review a certified
copy of the Contract attached hereto. The details of the Contract are as
follows:
1. Number and Date of
Contract:____________________________________________
2. Name and Nationality of the
Supplier:______________________________________
3. Address of the Supplier: ________________________________________________
4. Name of the Purchaser:
________________________________________________
5. Contract Amount:
_____________________________________________________
6. Eligible Expenditure:
__________________________________________________
7. Amount of Financing Applied for:
_________________________________________
(representing _____ % of eligible expenditure)
8. Description and Origin of the Goods:
9. (In case the Supplier is a joint venture) Name, Nationality
and Address of each company of the Joint Venture:
(A company):
__________________________________________________________
(B company):
__________________________________________________________
We should be grateful if you would notify us of your
concurrence to the Contract.
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Very truly yours,
For:
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(Name of the Borrower)
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By:
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(Authorized Signature)
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Form No. 3
Date:
Ref. No.
JAPAN INTERNATIONAL COOPERATION AGENCY
JICA Vietnam Office
Attention:
Chief Representative
Ladies and Gentlemen:
REQUEST FOR REVIEW
OF CONTRACT (for consulting services)
Reference:
Loan Agreement No. VN13-P8, January , 2015, for Thai Binh Thermal Power Plant
and Transmission Lines Construction Project (II)
In accordance with the relevant provisions of the
Loan Agreement under reference, we hereby submit for your review a certified
copy of the Contract attached hereto. The details of the Contract are as
follows:
1. Number and Date of Contract:
2. Name and Nationality of the
Consultant:____________________________________
3. Address of the Consultant:
______________________________________________
4. Name of the Employer:
_________________________________________________
5. Contract Amount: _____________________________________________________
6. Eligible Expenditure:
__________________________________________________
7. Amount of Financing Applied for:
________________________________________
(representing ____% of eligible expenditure)
8. (In case the Consultant is a Joint Venture)
Name, Nationality and Address of each company of the Joint Venture:
(A company):
___________________________________________________________
(B company):
___________________________________________________________
We should be grateful if you would notify us of
your concurrence to the Contract.
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Very truly yours,
For:
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(Name of the Borrower)
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By:
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(Authorized Signature)
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Schedule
5
Commitment Procedure
Brochure on Commitment Procedure for Japanese ODA
Loans dated August 2012, as may be amended from time to time, (hereinafter
referred to as the “Commitment Brochure”) shall be applied with the
following supplemental stipulations, for disbursement of the proceeds of the
Loan for the purchase of goods and services from the Supplier(s) with respect
to the portion of the contract stated in the internationally traded currency
other than that of the Socialist Republic of Viet Nam.
The Paying Bank and the Issuing Bank mentioned in
the Commitment Brochure shall be The Bank of Tokyo-Mitsubishi UFJ, Ltd., Tokyo.
Schedule
6
Reimbursement Procedure
Brochure on Reimbursement Procedure for Japanese
ODA Loans dated August 2012, as may be amended from time to time (hereinafter
referred to as the “Reimbursement Brochure”) shall be applied with the
following supplemental stipulations, for disbursement of the proceeds of the
Loan for the payments already made to the Supplier(s).
1. The Paying Bank mentioned in this Schedule, including
the Reimbursement Brochure shall be The Bank of Tokyo-Mitsubishi UFJ, Ltd.,
Tokyo.
2. The Agent Bank mentioned in the Reimbursement
Brochure shall be The Joint Stock Commercial Bank for Foreign Trade of Vietnam.
3. The supporting documents evidencing each payment
and its usage, as mentioned in 2.01. (b) of the Reimbursement Brochure, shall
be as follows:
(1) For payments to the supplier(s) against
delivery/shipment of goods:
(a) the invoice from the supplier(s) specifying the
goods, with their quantities and prices, which have been or are being
supplied/shipped and, if any, bill of lading or similar document evidencing
shipment/delivery of the goods listed on the invoice; and
(b) the receipt from the supplier(s) showing the
date and amount of payment, bill of exchange or similar document evidencing the
date and amount of payment made to the supplier(s).
(2) For payments under civil works contracts:
(a) the claim, bill or invoice from the
contractor(s) showing, in sufficient detail, the work performed by the
contractor(s) and amount claimed therefor, certified by the chief engineer or
project officer of the Executing Agency assigned to the Project to the effect
that the work performed by the contractor(s) is satisfactory and in accordance
with the terms of the relevant contract; such certificate can be made
separately from the claim, bill or invoice; and
(b) the receipt from the contractor(s) showing the
date and amount of payment, cancelled bank check, demand draft or similar
document evidencing the date and amount of payment made to the contractor(s).
(3) For payments for consulting services:
(a) the claim from the consultant(s) indicating, in
sufficient details, the services rendered, period covered, and amount payable
to them; and
(b) the receipt from the consultant(s) showing the
date and amount of payment, cancelled bank check, demand draft or similar
document evidencing the date and amount of payment made to the consultant(s).
(4) For payments for other services rendered:
(a) the claim, bill or invoice from the service
provider(s) specifying the nature of services rendered and amounts charged
therefor; and
(b) the receipt from the service provider(s)
showing the date and amount of payment, cancelled bank check, demand draft or
similar document evidencing the date and amount of payment made.
Note: If such services relate to importation of
goods (e.g. freight, insurance payments), adequate references shall be given to
enable JICA to relate each of these items to the specific goods, the cost of
which has been or is to be financed by JICA.
Schedule 7
Transfer Procedure
Transfer Procedure set forth herein may be applied
for disbursement of the proceeds of the Loan for the payment to be made to the
Supplier(s) of the Eligible Source Country(ies) with respect to the portion of
the contract stated in the currency of the Socialist Republic of Viet Nam.
The designated foreign exchange bank in Tokyo
wherever mentioned in this Schedule, shall be The Bank of Tokyo-Mitsubishi UFJ,
Ltd., Tokyo, Japan (hereinafter referred to as the “Paying Bank”).
The designated foreign exchange bank in the
territories of the Borrower mentioned in this Schedule, shall be The Joint
Stock Commercial Bank for Foreign Trade of Vietnam (hereinafter referred to as
the “Agent Bank”).
1. Request for Disbursement
(1) When the Borrower receives Claims for Payment
from the Supplier(s) through the Executing Agency (substantially as per Form
CFP attached hereto), the Borrower shall request JICA to make disbursement for
a sum not exceeding the amount actually claimed by the Supplier(s) by sending
to JICA a Request for Disbursement in accordance with the Form TRF attached
hereto. Each request shall be accompanied by the following documents:
(a) Summary Sheet of Payments substantially as per
Form SSP(T/R) attached hereto
(b) A copy of Transfer Instruction addressed to the
Agent Bank, substantially as per Form JICA-TI attached hereto
(c) Claims for Payment evidencing the amount to be
paid to the Supplier(s)
(d) The following supporting documents evidencing
each payment and its usage;
(i) For payments to the supplier(s) against
shipment/delivery of goods:
supplier’s/suppliers’ invoice specifying the goods,
with their quantities and prices, which have been or are being
supplied/shipped;
bill of lading or similar document evidencing
shipment/delivery of the goods listed on the invoice.
(ii) For payments for consulting services:
the claim put in by the consultant(s) indicating,
in sufficient details, the services rendered, period covered, and amount
payable to them.
(iii) For payments under civil works contracts:
the claim, bill or invoice of the contractor(s)
showing, in sufficient detail, the work performed by the contractor(s) and
amount claimed therefor, certified by the chief engineer or project officer of
the Executing Agency assigned to the Project to the effect that the work
performed by the contractor(s) is satisfactory and in accordance with the terms
of the relevant contract; such certificate made separately may be sufficient.
(iv) For payments for other services rendered:
the claim, bill or invoice of specifying the nature
of services rendered and amounts charged therefor.
Note: If such services relate to
importation of goods (e.g. freight, insurance payments), adequate references
shall be given to enable JICA to relate each of these items to the specific
goods, the cost of which has been or is to be financed by JICA.
(2) The amount stated in the Request for
Disbursement shall be in Vietnamese Dong.
(3) The Borrower shall submit to the Agent Bank
Transfer Instruction (substantially as per Form JICA-TI) accompanied by a copy
of the Request for Disbursement and Claims for Payment.
2. Disbursement
(1) When JICA finds the Request for Disbursement in
order and in conformity with the provisions of the Loan Agreement, JICA shall
make disbursement in Japanese Yen. Disbursement will be made, in principle,
within fifteen (15) business days from the date of receipt of the Request for
Disbursement by paying into the non-resident Yen account in the name of the
Agent Bank, which shall be opened in advance with the Paying Bank on behalf of
the Borrower, in accordance with the relevant Iaws and regulations of Japan.
(2) The amount of disbursement in Japanese Yen
shall be calculated at authorized buying rate quoted by The Joint Stock
Commercial Bank for Foreign Trade of Vietnam, duly informed through the Paying
Bank at least two (2) business days before the day when the disbursement is
actually made.
3. Payment to the Supplier(s)
After receiving the disbursed amount from JICA, the
Agent Bank shall immediately transfer the exact amount actually claimed in
Vietnamese Dong by the Supplier(s) in the Claims for Payment to the
corresponding account of the Supplier(s) in accordance with the Transfer
Instruction.
4. Delegation of Authority
(1) The Borrower hereby designates the Agent Bank
as its agent for the purposes of taking any action or entering into any
agreement required or permitted under this Transfer Procedure.
(2) Any action taken or agreement entered into by
the Agent Bank pursuant to the authority conferred on the Agent Bank shall be
fully binding on the Borrower and shall have the same force and effect as if
such action was taken or such agreement was entered into by the Borrower.
(3) The authority conferred on the Agent Bank may
be revoked or modified by agreement between the Borrower and JICA.
5. Arrangement
The Borrower shall cause the Agent Bank to make a
necessary arrangement with the Paying Bank containing the following in
accordance with the authorization conferred on the Agent Bank set forth in 4.
above:
(1) To open a non-resident Yen account of the Agent
Bank on behalf of the Borrower with the Paying Bank.
(2) To let the Paying Bank make cable advice to the
Agent Bank of the disbursement by JICA.
6. JICA shall not be liable for any loss incurred
by the Borrower and/or the Supplier(s) owing to any difference between the
exchange rate to be used for conversion from Japanese Yen to the currency used
for actual payment to the Supplies(s) at the time of transfer and the exchange
rate to be used for conversion from the currency used for actual payment to the
Supplier(s) to the Japanese Yen at the time of disbursement.
Form-CFP
Claims for Payment
Date:
Loan Agreement No.:
Application Serial No.:
To: (Name and Address of the Executing Agency)
We hereby submit Claims for Payment to you for the
progress of the work in the following content.
1. Name of Beneficiary:
2. Contract No. and date:
3. JICA Contract Concurrence No. (if available):
4. Description of goods and/or services
accomplished:
5. Claimed amount for JICA financing:
6. Accumulated amount already claimed:
7. Total amount (5. + 6.):
Please pay the amount claimed in 5. above into the
following account.
Account number:
Account holder’s name:
Name of the bank of the Supplier:
Address or branch name of the bank of the Supplier:
SWIFT code:
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For:
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(Name of the Supplier)
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By:
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(Authorized Signature)
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Form-TRF
Request for
Disbursement
Date:
Loan Agreement No.:
Application Serial No.:
To: JAPAN INTERNATIONAL COOPERATION AGENCY
JICA Vietnam Office
Attention: Chief Representative
Ladies and Gentlemen:
1. Pursuant to the Loan Agreement No. VN13-P8,
January , 2015, between the JAPAN INTERNATIONAL COOPERATION AGENCY (hereinafter
referred to as “JICA”) and THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET
NAM, the undersigned hereby requests for disbursement under the said Loan
Agreement, of the sum of ____ (say ____ ) for the payment of expenditures as
described in the Summary Sheet(s) attached hereto.
2. The undersigned has not previously requested for
disbursement of any amount from the Loan for the purpose of meeting the
expenditures described in the Summary Sheet(s). The undersigned has not
obtained nor will obtain funds for such purpose out of the proceeds of any
other loan, credit or grant available to the undersigned.
3. The undersigned certifies that:
a) the expenditures described in the Summary
Sheet(s) are made for the purposes specified in the Loan Agreement;
b) the goods and services purchased with these
expenditures have been procured in accordance with the applicable procurement
procedures agreed with JICA pursuant to the said Loan Agreement and the cost
and terms of purchase thereof are reasonable;
c) the said goods and services were or will be
supplied by the Supplier(s) specified in the attached Summary Sheet(s) and were
or will be produced in (or, in the case of services, supplied from) the
applicable eligible country(ies) for Japanese ODA Loans.
4. Please disburse the amount herein requested by
paying into the non-resident Yen account of (the name of the Agent Bank) with
The Bank of Tokyo-Mitsubishi UFJ, Ltd., Tokyo, Japan.
5. This request consists of ____page(s) and
_____signed and numbered Summary Sheet(s).
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Very truly yours,
For:
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(Name of the Borrower)
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By:
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(Authorized Signature)
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Form JICA-TI
Transfer Instruction
Date:
Loan Agreement No.:
Application Serial No.:
To: (Name of the Agent Bank)
Pursuant to the Loan Agreement No. VN13-P8,
January , 2015, between the JAPAN INTERNATIONAL COOPERATION AGENCY and THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM, we hereby request you to
transfer the exact amount against our Request for Disbursement No. ____dated
____ into the account of the relevant Supplier mentioned in the Claims for
Payment No _____ dated ____ attached to the said Request for Disbursement.
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For:
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(Name of the Borrower)
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By:
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(Authorized Signature)
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encl. Request for Disbursement
Claims for Payment
Form
SSP(T/R)
Summary Sheet of Payments
□Transfer Procedure
□Reimbursement
Procedure
Date:
L/A No.:
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Application Serial No.
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Category:
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JICA Concurrence No.:
Contract No.:
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(A)
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(B)
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(C)=(A) x (B)
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Item No.
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Supplier
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Contract
Concurrence
Amount, or
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Date of payment (for Reimburse-ment
Procedure)
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Description
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Amount Paid (without
Tax)
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Disbursement Ratio
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Amount for JICA Financing
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Contract Amount
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1.
2.
3.
.
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100%
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Total(A)
________ Total(C) _______
If requested currency is different from (C) above:
Exchange rate <dated YYYY> (E): 1 JPY = XX
Request Amount (D)
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(D)=(C)÷(E)
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The undersigned certifies that the Supplier(s)
and payments stated above are eligible under the Loan Agreement.
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For (Name of the Borrower)
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Authorized
Person’s
Signature, Name & Title
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[Transfer Procedure / Reimbursement Procedure]
Tick the procedure applied to this request
[Category]: Category Name described in Section
1 of Schedule 2 of the loan Agreement
[Contract Concurrence Amount or Contract
Amount]: Concurrence amount by JlCA. If not applicable, contract amount
[Description]: Description of
service/goods, & details of payment (i.e. down payment, an installment
payment or the final payment, invoice no., monthly payment, etc).
[Amount Paid/Payable]: Amount in the
currency claimed by/paid to the Supplier(s). (A) ≥ Eligible amount
on the Claims for Payment/or amount on the Receipt
[Disbursement Ratio]: Ratio to derive the
Amount for JICA Financing against Amount Payable/Paid.
[Amount for JICA Financing]: Amount
applicable for JICA financing in the currency claimed by/paid to the
Supplier(s). If the currency for the final requested amount to JICA is different
from (C), indicate the Exchange rate (E) (TTB rate 1 business day prior to
the date on the Request for Disbursement/Reimbursement) quoted in accordance
with the Brochure on Transfer/Reimbursement Procedure and relevant
provision(s) of the Loan Agreement, to calculate the Request Amount (D).
If the Request for
Disbursement/Reimbursement includes payments for more than 1
Category/Concurrence no., prepare the Summary Sheet for each.
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