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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:
60/2020/TB-LPQT
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Hà Nội, ngày 01
tháng 12 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:
Công hàm trao đổi giữa Chính phủ nước Cộng hòa xã hội
chủ nghĩa Việt Nam và Chính phủ Nhật Bản về khoản viện trợ không hoàn lại cho Dự
án Học bổng phát triển nguồn nhân lực trị giá 774.000.000 JPY, ký tại Hà Nội
ngày 10 tháng 9 năm 2020 có hiệu lực từ ngày 10 tháng 9 năm 2020.
Bộ Ngoại giao trân trọng gửi bản sao Công hàm 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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EMBASSY OF
JAPAN
HANOI
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Hanoi, September 10,
2020
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Excellency,
I have the honour to refer to the recent
discussions held between the representatives of the Government of Japan and of
the Government of the Socialist Republic of Viet Nam (hereinafter referred to
as “the Recipient”) concerning Japanese economic cooperation to be extended
with a view to promoting the economic and social development of the Socialist
Republic of Viet Nam. I have further the honour to propose on behalf of the
Government of Japan the following understanding:
1. (1) For the purpose of contributing to the
inplementation of the Project for Human Resource Development scholarship
(hereinafter referred to ae "the Project") by the Recipient, the
Government of Japan has decided that a grant up to seven hundred and
seventy-four million Japanese Yen (¥774, 000,000) (hereinafter referred to as
"the Grant") will be extended to the Recipient, subject to the relevant
laws and regulations and budgetary appropriations of Japan.
(2) The Grant will be made available by concluding
a grant agreement between the Recipient or its designated authority and the
Japan International Cooperation Agency (JICA) (hereinafter referred to as
"the G/A").
(3) The terms and conditions of the Grant as well
as the procedures few its utilization will be governed by the G/A within the
scope of the present understanding.
2. The Grant will be available during such period
as may be specified in the G/A, provided that the period will be between the
date of entry into force of the G/A and December 31, 2028. The period may be
extended by mutual consent between the authorities concerned of the two
Governments.
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His Excellency
Hr. PHUNG XUAN NHA
Minister of Education and Training
of the Socialist Republic of Viet Nam
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3. The Grant shall be used by the Recipient
properly and exclusively for the purchase of such products and/or services
necessary for the implementation of the Project as may be specified in the G/A
(hereinafter respectively referred to as the "Products" and the
"Services").
4. The Recipient or its designated authority shall
enter into contracts in Japanese Yen with Japanese nationals for the purchase
of the Products and/or the Services (The term "Japanese nationals" in
the present understanding means Japanese physical persons or Japanese juridical
persons controlled by Japanese physical persons and registered in Japan.). Such
contracts will be verified by JIGA to be eligible for the Grant.
5. The Grant will he executed by JICA, in
accordance with the provisions of the G/A, by making payments in Japanese Yen
to an account to be opened in the name of the Recipient at a bank in Japan
designated by the Recipient or its designated authority.
6. (1) The Recipient shall take necessary measures:
(a) to ensure that customs duties, internal taxes
and other fiscal levies which may be imposed in the country of the Recipient
with respect to the payment carried out for and the income accruing from the
supply of the Products and/or the Services are exempted or borne by its
designated authority and shall not be covered by the Grant;
(b) to give due environmental and social
consideration in the implementation of the project;
(c) to accord the Japanese physical persons and/or
physical persons of third countries whose services may be required in
connection with the supply of the Products and/or the services such facilities
as may be necessary for their entry into the country of the Recipient and stay
therein for the performance of their work; and
(d) to bear all the expenses, other than those
covered by the Grant, necessary for the implementation of the Project.
(2) while ensuring fair treatment of sources of
information, the Recipient shall provide the Government of Japan with necessary
information, including information on corrupt practice, related to the Project.
(3) With regard to the shipping and marine
insurance of the Products, the Recipient shall refrain, from imposing any
restrictions that may hinder fair and free competition among the shipping and
marine insurance companies.
(4) The Products and/or the Services shall not be
exported or re-exported front the country of the Recipient.
7. The two Governments shall consult with each
other in respect of any matter that nay arise front or in connection with the
present understanding.
I have further the honour to propose that this Note
and Your Excellency's Note in reply confirming on behalf of the Recipient the
foregoing understanding shall constitute an agreement between the two
Governments, which shall enter into force on the date of Your Excellency's Note
in reply.
I avail myself of this opportunity to extend to
Your Excellency the assurance of my highest consideration.
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YAMADA TAKIO
Ambassador Extraordinary and Plenipotentiary of Japan to the Socialist
Republic of Viet Nam
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Record of
Discussions
With reference to the Exchange of Notes between the
Government of the Socialist Republic of Viet Nam (hereinafter referred to as
"the Recipient") and the Government of Japan dated September 10, 2020
concerning Japanese economic cooperation to then extended with a view to
promoting the economic and social development of the Socialist Republic of Viet
Nam (hereinafter referred to an "the Exchange of Notes"), the
representatives of the Vietnamese Delegation and of the Japanese Delegation
wish to record the following:
1. With, regard to paragraph 3 of the Exchange of
Notes, the representative of the Japanese Delegation stated that the Government
of Japan understands that the Recipient will take necessary measures to prevent
any offer, gift or payment, consideration or benefit which would be construed
as a corrupt practice in the country of the Recipient from being made as an
inducement to or reward for the award of the contracts referred to in paragraph
4 of the Exchange of Notes.
2. The representative of the Vietnamese Delegation
stated that the Vietnamese Delegation has no objection to the statement by the
representative of the Japanese Delegation referred to above.
Hanoi, September 10, 2020
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PHUNG XUAN NHA
Minister of Education and Training
of the socialist Republic of Viet Nam
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YAMADA TAKIO
Ambassador Extraordinary and Plenipotentiary
of Japan to the Socialist Republic of Viet Nam
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Hanoi, September 10,
2020
Excellency,
I have this honour to acknowledge the receipt of
Excellency's Note of today's date, which reads as follows:
I have the honour to refer to the recent
discussions held between the representatives of the government of Japan and of
the Government of the Socialist Republic of Viet Nam (hereinafter referred to
as "the Recipient") concerning Japanese economic cooperation to be
extended with a view to promoting the economic and social development of the
Socialist Republic of Viet Nam. I have further the honour to propose on behalf
of the Government of Japan the following understanding:
1. (1) For the purpose of contributing to the
implementation of the Project for Human Resource Development Scholarship
(hereinafter referred to as “the Project”) by the Recipient, the Government of
Japan has decided that a grant up to seven hundred end seventy-four million
Japanese Yen (¥774,000,004) (hereinafter referred to as “the Grant”) will he
extended to the Recipient, subject to the relevant laws end regulations end
budgetary appropriations of Japan.
(2) The Grant will be made available by concluding
a grant agreement between the Recipient or its designated authority and the
Japan International Cooperation Agency (JICA) (hereinafter referred to as “the
G/A”).
(3) The terms and conditions of the Grant as well
as the procedures for its utilization will be governed by the G/A within the
scope of the present understanding.
2. The Grant win be available during such period as
may be specified in the G/A, provided that the period will be between the date
of entry into force of the G/A and December 11, 2028. The period may be
extended by mutual consent between the authorities concerned of the two
Governments.
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His Excellency
Mr. YAMADA TAKIO
Ambassador Extraordinary end Plenipotentiary of Japan to the Socialist
Republic of Viet Nam
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3. The Grant shall be used by the Recipient
properly and exclusively for the purchase of such products and/or services
necessary for the implementation of the Project as may be specified in the G/A
(hereinafter respectively referred to as the "Products" and the
"Services").
4. The Recipient or its designated authority shall
enter into contracts in Japanese Yen with Japanese nationsis for the purchase
of the Products and/or the services (The term "Japanese nationals" in
the present understanding means Japanese physical persons or Japanese juridical
parsons controlled by Japanese physical persons and registered in Japan.). Such
contracts will be verified by JICA to be eligible for the Grant.
5. The Grant will be executed by JICA, in
accordance with the provisions of the G/A, by asking payments in Japanese Yen
to an account to be opened in the name of the Recipient at a bank in Japan
designated by the Recipient or its designated authority.
6. (1) The Recipient shall take necessary measures;
(a) to ensure that customs duties, internal taxes
and other fiscal levies which may be imposed in the country of the Recipient
with respect to the payment carried out for and the income accruing from the
supply of the Products and/or the Services are exempted or borne by its
designated authority and shall not be covered by the Grant;
(b) to give due environmental and social
consideration in the implementation of the Project;
(c) to accord the Japanese physical persons and/or
physical persons of third countries whose services may be required in
connection with the supply of the Products and/or the Services such facilities
as may be necessary for their entry into the country of the Recipient and stay
therein for the performance of their work; and
(d) to bear all the expenses, other than those
covered by the Grant, necessary for the implementation of the Project.
(2) While ensuring fair treatment of sources of
information, the Recipient shall provide the Government of Japan with necessary
information, including information on corrupt practice, related to the Project.
(3) With regard to the shipping and marine
insurance of the Products, the Recipient shall refrain from imposing any
restrictions that may hinder fair and free compatition among the shipping and
marine insurance companies.
(4) The Products and/or the Services shall not be
exported or re-exported from the country of the Recipient.
7. The two Governments shall consult with each
other in respect of any matter that may arise from or in connection with the
present understanding.
I have further the honour to propose that this Note
and Your Excellency's Note in reply confirming on behalf of the Recipient the
foregoing understanding shall constitute an agreement between the two
Governments, which shall enter into force on the date of Your Excellency's Note
in reply.”
I have further the honour to confirm on behalf of
the Government of the Socialist Republic of Viet Nam the foregoing
understanding and to agree that Your Excellency's Note end this Note in reply
shall constitute an agreement between the two Governments, which shall enter
into force on the date of this Note in reply.
I avail myself of this opportunity to extend to
Your Excellency the assurance of my highest consideration.
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PHUNG XUAN NHA
Minister of Education and Training
of the socialist Republic of Viet Nam
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Record of
Discussions
With reference to the Exchange of Noted between the
Government of Japan and the Government of the Socialist Republic of Viet Nam
(hereinafter referred to as "the Recipient") dated September 10, 2020
concerning Japanese economic cooperation to be extended with a view to
promoting the economic and social development of the Socialist Republic of Viet
Nam (hereinafter referred to as "the Exchange of Notes"), the
representatives of the Japanese Delegation and of the Vietnamese Delegation
wish to record the following:
1. With regard to paragraph 3 of the Exchange of
Notes, the representative of the Japanese Delegation stated that, the
Government of Japan understands that the Recipient will take necessary measures
to prevent any offer, gift or payment, consideration or benefit which would be
construed as a corrupt practice in the country of the Recipient from being made
as an inducement to or reward for the award of the contracts referred to in
paragraph 4 of the Exchange of Notes.
2. The representative of the Vietnamese Delegation
stated that the Vietnamese Delegation has no objection to the statement by the
representative of the Japanese Delegation referred to above.
Hanoi, September 10, 2020
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YAMADA TAKIO
Ambassador Extraordinary and Plenipotentiary
of Japan to the Socialist Republic of Viet Nam
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PHUNG XUAN NHA
Minister of Education and Training
of the socialist Republic of Viet Nam
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