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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:
50/2012/TB-LPQT
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Hà Nội, ngày
27 tháng 11 năm 2012
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại khoản 3 Điều
47 của Luật Ký kết, gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại
giao trân trọng thông báo:
Hiệp định giữa Chính phủ nước Cộng hòa xã hội
chủ nghĩa Việt Nam và Chỉnh phủ Vương quốc Đan Mạch về hợp tác phát triển liên
quan đến hỗ trợ nghiên cứu khối doanh nghiệp giai đoạn cuối (2013 - 2014),
ký tại Hà Nội ngày 08 tháng 11 năm 2012, có hiệu lực kể từ ngày 08 tháng 11 năm
2012.
Bộ Ngoại giao trân trọng gửi Bản sao Hiệp định
nêu trên theo quy định tại Điều 68 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TÉ
Nguyễn Thị Thanh Hà
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AGREEMENT
BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
AND THE GOVERNMENT OF THE KINGDOM OF DENMARK ON DEVELOPMENT COOPERATION
REGARDING THE “BUSINESS SECTOR RESEARCH PHASING-OUT SUPPORT (2013-2014)”
WHERAS the Government of the Socialist Republic
of Viet Nam (hereinafter referred to as ‘GoV’) has requested the support of the
Government of the Kingdom of Denmark (hereafter referred to as “GoDK”) to
contribute towards the funding of the “Business Sector Research Phasing- out
Support (2013-2014)” (hereinafter referred to as the ‘Project’);
WHEREAS GoDK has agreed to support the
implementation of the Project as defined in the Project Description with up to
an amount of DKK 4.5 million on a grant basis (hereafter referred to as “the
Grant”), as a financial and technical assistance to the Central Institute of
Economic Management (OEM), General Statistics Office (GSO) under the Ministry
of Planning and investment (MPI), Institute of Labour Science and Social
Affairs (ILSSA) under the Ministry of Labour, Invalids and Social Affairs
(MOLISA) (hereafter referred to as the Implementing Agencies), who will
implement the Project;
WHEREAS the general provision of this agreement
is set forth in the agreement between GoV and GoDK named General Terms and
Procedures of Development Cooperation dated 25th August 1993;
WHEREAS the GoV and GoDK have agreed that the
Ministry of Foreign Affairs of Denmark will sign subsidiary administrative
agreements with the implementing agency under this agreement. The
administrative agreements will define common procedures for consultation and
decisionmaking, disbursement mechanisms, financial management, reporting and
audit, and exchange of information and cooperation with implementing agency and
the Danish Ministry of Foreign Affairs;
WHEREAS commitment to international law and
conflict prevention, respect for human rights, democratic principles, including
free and fair elections, the rule of law, independence of the judiciary, free,
transparent and democratic processes, accountability and the fight against
corruption, sound macro-economic policies and the commitment to poverty
reduction govern the policies of GoV and GoDK, and which are prerequisites for
this agreement, and hence constitutes essential elements of this agreement;
WHEREAS the GoV and GoDK shall abide by the
local laws and by applicable international instruments, including the UN
Convention on the Rights of the Child and International Labour organization
Convention;
WHEREAS GoV and GoDK is committed to the
principles of harmonisation and to strive for the highest degree of alignment
with the budgetary and accountability system of the implementing agencies and
the legislation of the GoV so as to enhance effective implementation, to reduce
the administrative burden, to minimise transaction costs and increase
transparency and accountability of the support provided;
NOW THEREFORE GoV and GoDK have decided as
follows:
Article 1. Definitions
For the purpose of this Agreement, unless
otherwise stated, the terms listed below mean the following:
a) “Competent authorities” in the case of the
Government of Denmark/GoDK refers to the Ministiy of Foreign Affairs, Embassy
of Denmark (EDK) in Viet Nam, and in the case of the Government of the
Socialist Republic of Viet Nam/GoV refers to the Ministry of Planning and
Investment or for both Parties any other authority empowered to perform the
functions exercised by said authorities.
b) “The Parties” means the competent
authorities.
c) “The Project Description” refers to the
Document which, by signature, has been approved by the Ministry of Planning and
Investment and the Embassy of Denmark on 02 November 2012 and is attached as
Annex 1 to this Agreement, hence constituting an integral part hereof. Changes
to the Project Description are subject to approval by joint decision of the
Parties.
Development objectives as described in the
Project Description and the total amount of the Danish contribution cannot be
changed.
d) “Project period” means the 2-year period of
project implementation from 1 January 2013 to 31 December 2014.
Article 2. Objectives of the
Project
a) The development objective of the Project is
“Strengthening the competitiveness of Vietnamese enterprises and creating good
jobs”, as stated in the Project Description.
b) The intermediate objective of the Project is:
“Improve research and analytical capacity for guiding economic policy-making in
Viet Nam” as stated in the Project Description.
Article 3. Management and
Execution
a) Oversight and coordination of project
activities rests with CIEM. CIEM will appoint a Project Director in charge of
managing the day-to-day activities of the project.
b) The project will be managed and implemented
by CIEM based on a Memorandum of Understanding between Danida and CIEM. CIEM
will also establish a Memorandum of Understanding between CIEM and GSO for the
implementation of the Enterprise Survey in 2014 and between CIEM and ILSSA for
implementation of the SME Survey in 2013/14.
c) To ensure cooperation between the different
partners, a Research Cooperation Group (RCG) will be formed, comprised of one
senior member each of CIEM, GSO and ILSSA, and the international research
partner.
Article 4. Obligations of
Government of Viet Nam
Under this Agreement, the Government of the
Socialist Republic of Viet Nam shall:
a) Promptly inform GoDK of any condition which
interfere or threaten to interfere with the successful implementation of the
Project;
b) Within a reasonable time advice on all
reports, recommendations and other matters properly referred for advice by
GoDK, in order not to delay or disrupt the execution of the services or the
works of the Project;
c) Ensure that all relevant provisions in the
General Terms and Procedures of Development Cooperation dated 25th
August 1993 regarding the GoDK execution of activities are honoured;
d) Investigate matters, if misuse of funds,
fraud or corruption within the Project is discovered. The appropriate authorities
i.e. the Government Inspectorate and the Inspectorates of MoLISA and the
Ministry of Planning and Investment of Viet Nam are expected to participate in
this endeavour. Where Project funds have been lost in such a manner as
described above, the Parties will cooperate in order to have the implementing
agency repay such funds to the project, in order to ensure that planned
activities will not be disrupted;
e) Provide office facilities and relevant
support for the international research team while in Viet Nam, personal
emoluments (all salaries and allowances) and administrative expenses of the
participating Vietnamese research staff;
f) Ensure the tax exemption of expatriate
personnel and their family members follows the Regulation on expatriate personnel
for ODA programmes and projects in Viet Nam which is Decision No.
119/2009/QD-TTg dated 1/10/2009 of the Prime Minister of Viet Nam and other
documents on amendment, addition, or replacement of this Decision;
g) Equipment, materials, supplies and spare
parts to be purchased for the Project by the GoDK, if any, will be exempted
from any duties, VAT, taxes, and public fees and charges other than user's fee
and charges, etc. in accordance with Vietnamese regulations. The refunded VAT
and other charges from these equipment and materials will be transferred to the
Project funds for the following fiscal year;
h) Ensure timely settlement of any other related
formalities that might keep the Project behind schedule;
i) Maintain all Project accounting materials within
5 years after the Project’s end for possible use of the National Audit Office
of Denmark.
Article 5. Obligations of
GoDK
a) GoDK will provide the following financial
means for the implementation of the Project:
CIEM: 700,000 DKK
ILSSA: 825,000 DKK
GSO: 935,000 DKK
International research partner: 1,980,000 DKK
Audit costs: 60,000 DKK
Total: 4,500,000 DKK
All commitments of GoDK are made in Danish
Kroner (DKK).
b) Interest accrued from the remittances shall
be returned by the implementing agencies to GoDK.
c) The Danish support for the Project will be
passed on to the implementing agencies as grant without any repayment
conditions to the GoV.
d) GoDK will cooperate and communicate fully and
in a timely manner with the GoV on all matters relevant to the implementation
of the Project as defined in the Project Document and this Agreement.
e) GoDK will inform any changes regarding the
years of commitments or the schedule of disbursements for discussion between
the two Parties before such adjustments are made.
f) GoDK will not bear any responsibility and/or
liability to any third party with regard to implementation of the Project.
Article 6. Obligations of
both Parties
Both Parties will:
a) Strengthen aid effectiveness by endeavour to
co-ordinate efforts under this agreement with other development partners, be
they states, international organisations or non-governmental organisations;
b) Use best endeavours to optimise the use of
Project resources in line with the Project’s objectives.
Article 7. Information,
reporting, monitoring and evaluation
a) The Parties shall collaborate fully to ensure
that the purposes of this Agreement be accomplished. To this end, the Parties
shall exchange views with regard to matters relating to the Project and provide
each other with all available data, documentation and information; shall
provide appropriate mutual assistance required in the discharging of the
Parties’ duties; and provide all necessary support to facilitate the due
implementation of the Project.
b) The following reports should be submitted to
the Embassy of Denmark:
- Activity and financial reports every six
months from the start of the project;
- An annual report one year after the start of
the project;
- A completion report at the end of the project
period.
CIEM is responsible to compile reports from
individual implementing agencies and make one consolidated report to GoDK.
c) Responsibility for monitoring, i.e.
achievement of intermediate and immediate objectives ais well as outputs, rests
with the Project Director. Indicators for measuring success of the project are
presented in the LFA Matrix, Annex 1 of the project document.
d) GoDK shall have the right to carry out any
technical or financial mission that is considered necessary to monitor the
implementation of the Project. To facilitate the work of the person or persons
instructed to carry out such monitoring missions, the GoV shall provide these
persons with all relevant supports if deemed necessary.
e) Representatives of the Auditor General of
Denmark shall have the right to:
(i) Carry out any audit or inspection
considering necessary as regards the use of the Danish funds in question, on
the basis of all relevant documentation.
(ii) Inspect accounts and records of suppliers
and contractors relating to the performance of the contract, and to perform a
complete audit.
Article 8. Financial
management, procurement and audit
a) Funds to be used by CIEM will be transferred
from the Danish Embassy to the Ministry of Finance (MoF)’s external account for
the project. MoF in turn will release funds to CIEM on the basis of approved
biannual work and budget plans.
Funds to cover the survey costs will be
transferred from CIEM to GSO and ILSSA on the basis of the MoU signed between
CIEM and the institutions. Funds to the selected international research partner
will be transferred from the Ministry of Foreign Affairs upon financial
statements and funds requests counter-signed by the Project Director.
b) GSO and ILSSA will be independently
responsible for management of the financial resources received under the
Project.
c) The international research partner will be
recruited through an open tender following Danida rules. The Danish Ministry of
Foreign Affairs (MFA) is responsible for the recruitment of the international
research partner with in close consultation with the Danish Embassy and CIEM.
d) The implementing partners are subject to an
external audit arranged by the Embassy every year.
Article 9. Transfer of
ownership
a) The implementing partners responsible for the
implementation of the Project shall maintain updated inventories of all
equipment financed by earmarked support from GoDK, e.g. vehicles, computers,
furniture and tools.
b) Equipment, material, supplies and facilities
purchased by Denmark, which are used during the implementation of the Project,
e.g. vehicles, computers, furniture and tools, remain the property of Denmark,
until such time as the Parties may agree otherwise.
c) Transfer of ownership of the above-mentioned
assets to the implementing partners may take place during the Project period.
Before Project termination, the Parties will assess and agree on final transfer
of such assets, which can be justified on the basis of a final request from the
implementing partners. Any remaining assets will be disposed of by Denmark.
Article 10. Corruption
No offer, payment, consideration or benefit of
any kind, which could be regarded as an illegal or corrupt practice, shall be
made, promised, sought or accepted - neither directly nor indirectly - as an
inducement or reward in relation to activities funded under this agreement,
incl. tendering, award, or execution of contracts. Any such practise will be
grounds for the immediate cancellation of this agreement or parts of it, and
for such additional action, civil and/or criminal, as may be appropriate. At
the discretion of the GoDK, a further consequence of any such practise can be
the definite exclusion from any projects funded by the GoDK.
Article 11. Child labour
The authority, organisation and/or consultant
shall abide by the local laws and by applicable international instruments,
including the UN Convention on the Rights of the Child and International Labour
Organisation conventions.
The authority, organisation and/or consultant
shall ensure that no one under 14 years of age or the age of the end of
compulsory schooling in that area, whichever is lower, is engaged by the
authority, organisation and/or consultant or anyone working or acting under the
authority of the authority, organisation and/or consultant.
Article 12. Suspension
In case of non-compliance with the provisions of
this Agreement and/or violation of the essential elements mentioned in this
Agreement, GoDK reserves the right to suspend with immediate effect further
disbursements to the implementing partners under this Agreement. Non-compliance
includes inter alia:
● The Project develops unfavourably in relation
to the development objective and intermediate objective mentioned in Article 2,
● Substantial deviations from agreed plans or
budget occur,
● Financial management of the activities has not
been satisfactory,
● Resources to be allocated by the GoV are not
provided as agreed.
If serious irregularity in the Project or
suspicion thereof has been ascertained, either Party may suspend Project
implementation, wholly or in part, until the suspending Party decides to resume
the implementation.
Article 13. Settlement of
disputes
If any dispute arises between the Parties as to
the interpretation, application or implementation of this agreement, they will consult
each other in order to reach an amicable solution.
Article 14. Entry into
force, duration and termination
This Agreement shall enter into force on the
date of signature.
The cooperation between the Parties under this
Agreement will have the duration of 2 years. The duration of the cooperation
may be extended by mutual agreement of the Parties (MPI and EDK) and within the
agreed budget.
Notwithstanding the previous clause, each Party
may terminate the Agreement upon 6 months written notice.
In witness hereof, the Parties hereto have
caused this Agreement to be signed in two (02) originals in the English
language in Ha Noi, Viet Nam on this day of 08 November 2012.
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FOR THE
GOVERNMENT OF
THE SOCIALIST REPUBLIC
OF VIET NAM
Mr. Dao Quang Thu
Vice Minister of Planning and Investment
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FOR THE
GOVERNMENT OF THE
KINGDOM OF DENMARK
Mr. John Nielsen
Ambassador of Denmark to Viet Nam
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