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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:
76/2014/TB-LPQT
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Hà Nội, ngày 26
tháng 11 năm 2014
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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:
Bản ghi nhớ giữa Chính phủ nước Cộng
hòa xã hội chủ nghĩa Việt Nam và Chính phủ nước Cộng hòa Ấn Độ về việc thành lập
Trung tâm đào tạo tiếng Anh và Công nghệ thông
tin tại Trường Đại học Thông tin liên lạc Nha Trang, ký tại Niu Đê-li
ngày 28 tháng 10 năm 2014, có hiệu lực kể từ ngày 28 tháng 10 năm 2014.
Bộ Ngoại giao trân trọng gửi bản sao
Bản ghi nhớ theo quy định tại Điều 68 của Luật nêu trên (kèm
bản dịch tiếng Việt để tham khảo)./.
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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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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE
REPUBLIC OF INDIA FOR ESTABLISHING THE CENTRE FOR ENGLISH LANGUAGE AND
INFORMATION TECHNOLOGY TRAINING AT THE TELECOMMUNICATIONS UNIVERSITY, MINISTRY
OF DEFENSE, VIET NAM
The Government of the Socialist Republic of Viet
Nam and the Government of the Republic of India (hereinafter referred to as the
Parties);
Whereas the Republic of India is a summit-level
partner country of ASEAN and fully supportive of the Initiative for ASEAN Integration
(IAI), aimed at helping the new member countries of ASEAN in their economic
development;
Whereas the new member countries of ASEAN, namely,
Cambodia, Laos, Myanmar and Viet Nam (CLMV countries), are desirous of
establishing Centres for English Language Training (CELTs) in their respective
countries and for this purpose, are desirous of receiving technical assistance
from the Republic of India;
Whereas the Republic of India is agreeable to
assisting with non-refundable funding of the CLMV countries in establishing
Centres for English Language Training in their respective countries and
providing overall technical assistance for this purpose on a turnkey basis,
duly financed by it;
Whereas the Government of Viet Nam is agreeable to
provide all local inputs including operational and functional office, training
space, basic furniture, etc. for establishing the CELTs.
In support of the Initiative for IAI and as part of
India’s technical assistance to Viet Nam;
Have reached the following understanding.
I. Scope
Within the scope of this Memorandum of
Understanding (MoU) the Vietnam-India Centre for English Language and
Information Technology Training at the Telecommunications University, Ministry
of Defense, Viet Nam (VICELIT), shall be set up.
II. Objectives
1. The Centre for English Language and Information
Technology Training at the Telecommunications University, Ministry of Defense,
Viet Nam shall:
(a) Provide a permanent venue for teaching the
English language and information technology training and the conduct of
courses.
(b) Raise the general level of proficiency in the
English Language and information technology skills of trainees at the
Telecommunications University.
(c) Provide training in the use of the English
language and information technology skills with special reference to official
and military communications.
(d) Train and upgrade the skills of English
language teachers from schools and training institutions of the Armed forces in
recent trends in English language teaching.
(e) Prepare students for tests such as TOEFL
required for tertiary education.
(f) Perform such other activities supportive of the
objectives of this MoU.
2. The aforementioned activities will assist by
equipping Vietnam’s defense personnel with adequate English language communication
and information technology skills and enable them in successfully interacting
with their interlocutors.
III. Expectations
1. The VICELIT shall be located within the
Telecommunications University and will strive to develop into a centre of
excellence for providing training in English language and information
technology skills. The VICELIT shall also interact with other centers on
English and information technology education in Viet Nam established with the
assistance of the Government of the Republic of India.
2. The VICELIT, a State subsidized unit by the
Government of the Republic of India shall be constituted and operate under the
appropriate statues of Viet Nam. In due course, it shall operate as a
self-sustaining institution with the provision of reinvesting all its financial
surpluses into furthering its objectives. However, until such time as the
VICELIT can support itself financially, the Government of Viet Nam will
underwrite VICELIT operational costs as appropriate.
3. The VICELIT shall be governed by a department
(Department of Education and Training Affairs) of Telecommunications
University.
IV. Responsibilities of the
Parties
1. The Government of Viet Nam shall provide
functional operational premises comprising office, training space, utilities,
basic furniture and other fixtures required for running the centre. The
Government of Viet Nam shall also provide the financial support for payment of
salaries of the faculty and training equipment and to meet other operation
costs, etc. of the VICELIT, as per details in Annexure 1.
2. The Government of the Republic of India shall
provide services of two experts for the period of six months to set up and
operate the Centre; provide full time services for two instructors of Military
College of Telecommunications Engineering (MCTE), Directorate General of
Signals, India Army (including an English instructor and an information
technology instructor) under Indian Technical and Economic Cooperation (ITEC)
program to take part in teaching, editing textbooks, building syllabus and
supporting to utilize technical equipment in the English language and
information technology classrooms of capacity of 25 students each of VICELIT
for the period of three years, as per details in Annexure 2.
V. Implementing Agencies
The Government of Viet Nam shall be represented by
the Telecommunications University, Ministry of Defense in establishing the
VICELIT. The Republic of India shall utilize the services of an Institute/
agency to be decided by the Ministry of External Affairs for implementation of
the project.
VI. Force Majeure
Neither party shall be held responsible for
non-fulfillment of their respective obligations under this MOU due to the
exigency of the force majeure events such as to acts of God, War, Flood, Earthquakes,
Strike, Lockouts, Epidemics, Riots and Civil commotions etc. provided that on
the occurrence and/or cessation of such events the party affected thereby,
shall give notice in writing to the other party within one month of such
occurrence and/or cessation. If the force majeure conditions continue beyond
six months, the parties shall then mutually decide about the future course of
action.
VII. Confidentiality and
Non-Disclosure
Neither Party shall, at any time, disclose to any
third party, any confidential information on hardware/software material,
product specifications, financial information, documents, training material,
etc., which is acquired pursuant to this MOU without the prior written consent
of the other party under this MOU.
VIII. Amendments
This MOU may be amended at any time in writing as
agreed by mutual written consent of the Parties. The amendments shall become
effective from the date on which they are made unless otherwise agreed to by
the Parties.
IX. Settlement of Disputes
In case of any dispute or difference in the
interpretation or application of this MoU the same shall be settled amicably
through mutual consultations or negotiations between the Parties.
X. Entry Into Force
This Memorandum of Understanding shall be valid for
two years, and shall come into effect upon its signature. This MoU may be
extended by the mutual written consent of the Parties.
In witness whereof, the undersigned representatives
of the Parties being duly authorized to do so, have signed this Memorandum of Understanding.
Done at New Delhi on 28th October, 2014
in two originals in the English language.
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FOR THE
GOVERNMENT
OF THE SOCIALIST REPUBLIC OF
VIET NAM
PHẠM QUANG VINH
Deputy Minister
of Foreign Affairs
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FOR THE
GOVERNMENT
OF THE REPUBLIC OF INDIA
ANIL WADHWA
Secretary (East),
Ministry of External Affairs
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INSTITUTIONAL ROLES
Annexure 1: The Government of
the Socialist Republic of Viet Nam shall be responsible for the following
i) Provide permanent functional and operational
premises at an appropriate location, which include office, training and library
space, and furniture and other fixtures as appropriate to house and operate the
VICELIT campus.
ii) Facilitate the gratis issue of multiple entry
long-term visas for the visiting instructors and their families.
iii) Meet the costs of all furniture, and fittings
and the repair, replacement and maintenance of same; and salaries of Vietnamese
Director, faculty and staff and other financial benefits.
iv) Offer assistance directly or through the VICELIT
to visiting experts to facilitate their smooth functioning in the discharge of
their duties.
v) Provide exemption from customs import duties and
any other taxes payable for the equipment for the VICELIT, whenever required.
vi) In the event that the VICELlT has to use
temporary premises before the permanent premises are ready for occupancy, all
removal costs from the temporary to the permanent premises shall be borne.
Annexure 2: The Government of
India shall be responsible for the following
The Government of India shall be responsible for
the following:
i) Expenditure on the purchase of the equipment and
supplies for two classrooms of capacity of 25 students each for English and IT
at VICELIT.
ii) Ai its own cost, station two experts for the
period of six months to set up and operate the centre. Indian government shall
also provide full time services for two Indian experts under ITEC program for
the period of three years to teach English and information technology in
accordance to the syllabus of Telecommunications University, edit textbooks,
build syllabus and support Director and teachers of VICELIT in matters of
in-house human resources development (HRD), activity on planning and
scheduling, monitoring and guidance for program implementation and other
professional inputs required for smooth functioning of the centre. The
deputation of Indian experts can be extended for further period with mutual
agreement.
iii) 1,000 USD lumpsum per month towards running
expenses for communication, transport, utility bills, translation and
honorariums for a period of three years.
iv) Provide advisory services to the Government of
Viet Nam and /or VICELIT Hanoi on matters related to mobilization of funds for
capacity building activities of the VICELIT from agencies and international
donors.
v) Meet the cost of licensing proprietary training
models/materials developed by the Institute/ agency to be decided by MEA for
use by the VICELIT. The Institute/ agency to be decided by MEA will authorize
the VICELIT to use the Licensed Proprietary training models/materials when the
sponsorship ends for the purpose of maintaining the project in Nha Trang.