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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:
32/2020/TB-LPQT
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Hà
Nội, ngày 20 tháng 4 năm 2020
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THÔNG BÁO
VỀ HIỆU LỰC CỦA ĐIỀU ƯỚC QUỐC TẾ
Thực hiện quy định tại Điều
56 của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:
Bản ghi nhớ về thành lập Trung tâm
ASEAN - Trung Quốc giữa Chính phủ các nước thành viên Hiệp hội các Quốc gia
Đông Nam Á và Chính phủ nước Cộng hòa nhân dân Trung Hoa (Memorandum of
Understanding on Establishing the ASEAN-China Centre between the Governments of
the Member States of the Association of Southeast Asian Nations and the
Government of the People's Republic of China), ký tại Manila, Phi-líp-pin ngày
06 tháng 8 năm 2017 có hiệu lực đối với Việt Nam và
các Bên ký kết kể từ ngày 02 tháng 4 năm 2020.
Bản ghi nhớ về thành
lập Trung tâm ASEAN - Trung Quốc giữa Chính phủ các nước thành viên Hiệp hội các Quốc gia Đông Nam Á và Chính phủ
nước Cộng hòa nhân dân Trung Hoa (Memorandum of
Understanding on Establishing the ASEAN-China Centre between the Governments of
the Member States of the Association of Southeast Asian Nations and the
Government of the People's Republic of China), ký tại Cha-Am Hua Hin, Thái Lan ngày 25 tháng 10 năm 2009, hết hiệu lực đối với
Việt Nam và các Bên ký kết kể từ ngày 02 tháng 4 năm 2020.
Bộ Ngoại giao trân trọng thông báo./.
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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 ON ESTABLISHING THE ASEAN-CHINA CENTRE BETWEEN THE GOVERNMENTS OF
THE MEMBER STATES OF THE ASSOCIATION OF SOUTHEAST ASIAN NATIONS AND THE
GOVERNMENT OF THE PEOPLE’S REPUBLIC OF CHINA
The Governments of the Member States of the
Association of Southeast Asian Nations comprising Brunei Darussalam, the
Kingdom of Cambodia, the Republic of Indonesia, the Lao People’s Democratic
Republic, Malaysia, the Republic of the Union of Myanmar, the Republic of the
Philippines, the Republic of Singapore, the Kingdom of Thailand and the
Socialist Republic of Viet Nam (hereinafter referred to collectively as “ASEAN” or “ASEAN Member States” and the Government of the People’s
Republic of China (hereinafter referred to as “China”) (hereinafter referred to
collectively as “Contracting Parties” or “Parties”;
or singularly as “Contracting Party” or “Party”);
RECALLING the thrust of economic, social and
cultural cooperation between ASEAN and China, which both sides can mutually
benefit from;
MINDFUL of the Framework Agreement on Comprehensive
Economic Cooperation between ASEAN and the People’s Republic of China signed in
Phnom Penh on 4 November 2002 (“Framework Agreement”) as
well as the various agreements on trade in goods, services, dispute settlement,
investment and other agreements relating to economic cooperation signed between
ASEAN and China under the umbrella of the Framework and the Joint Declaration
of the Heads of State/Govemment of Association of Southeast Asian Nations and
the People’s Republic of China on ASEAN-China Strategic Partnership for Peace
and Prosperity signed in Bali on 8 October 2003;
REALISING the vast potential for economic,
social and cultural cooperation between the Contracting Parties;
RECOGNISING that cooperation is based on
equity, friendship and mutual benefit;
STRESSING that the areas of cooperation
under this Memorandum of Understanding (hereinafter referred to as “this MOU”) shall be complementary to the activities carried out in other
ASEAN-China fora and shall build on the earlier Memorandum of Understanding on
Establishing the ASEAN- China Centre between the Governments of the ASEAN
Member States and China done at Cha-Am Hua Hin on the Twenty Fifth Day of
October of the Year Two Thousand and Nine;
HAVE AGREED as follows:
Article
1
Mission
and Location
1. The ASEAN-China Centre (hereinafter referred to
as the “Centre”) shall be a one-stop information and activities centre to
promote ASEAN-China cooperation in trade, investment, tourism, education,
culture, and information and media with active involvement of the private
sector. The Centre shall gradually expand to include a more comprehensive array
of activities and participants,
2. The Centre shall be a non-profit organisation
but be able to raise funds necessary for its operations.
3. The Headquarters of the Centre shall be located
in Beijing. Its affiliated centres may be established in ASEAN Member States as
well as other parts of China in the future.
Article
2
Objectives
The objectives of the Centre are:
a) to support the implementation of the Framework
Agreement and various agreements on trade in goods, services, dispute
settlement, investment and other agreements relating to economic cooperation
signed under the umbrella of the Framework Agreement:
b) to enhance two-way trade between ASEAN and China
and further cultivate trade partnerships in order to jointly promote exports to
outside markets and achieve market expansion:
c) to promote two-way flows of investment between
ASEAN and China;
d) to undertake activities to help investors and
businessmen from all ASEAN Member States, especially the less developed ASEAN
Member States including Cambodia, Lao PDR, Myanmar and Viet Nam (CLMV), in
exploring trade and investment opportunities in China, and vice versa:
e) to promote flows of tourists between ASEAN and
China;
f) to enhance interaction among the business
communities of ASEAN and China;
g) to increase people-to-people contacts, public
awareness, mutual understanding, as well as active participation among the
ASEAN and Chinese peoples through cultural, educational and information
exchanges, and the Centre’s engagement with the media; and
h) to synergise the potentials of ASEAN and China
in order to enhance the region’s appeal to external partners, and facilitate
the latter's access to ASEAN and Chinese ventures.
Article 3
Roles and Activities
1. To achieve its objectives, the Centre shall work
closely with the trade, investment, tourism, education, cultural, and
information promotion offices/representatives of ASEAN Member States,
particularly those based in China, in undertaking activities that contribute to
further enhancing trade, investment, tourism, education, cultural and media
promotion between ASEAN and China.
2. The Centre shall have dual roles, acting as an
information centre and an activities centre.
3. The Centre shall continue to undertake the
following activities:
a) to serve as a central coordinator of
information, advice and activities to provide in English and Chinese languages
a comprehensive information bank and related publications on trade, investment,
tourism, culture and education to businesses, media and peoples of ASEAN and
China;
b) to serve as a channel for the meaningful
exchange of information relevant to the enhancement of trade, investment,
tourism and education of the ASEAN Member States and China, including rules and
regulations concerning market access, particularly in supporting the
development of Micro Small and Medium Enterprises (MSMEs);
c) to raise awareness of the benefits of the
ASEAN-China Free Trade Area (ACFTA) and the potential benefits of upgrading the
ACFTA. This can be achieved by organising various activities to raise awareness
and capacity building;
d) to promote culture by disseminating information
on traditional arts, handicrafts, intangible cultural heritages, music, dance,
drama, movies and languages of ASEAN and China;
e) to facilitate educational exchanges and
cooperation between both sides, including through the China ASEAN Education Cooperation
Week (CAECW), and support for student exchanges and activities for ASEAN
students studying in China;
f) to introduce and publicise products, industries
and investment opportunities, tourism resources, culture and educational
opportunities of ASEAN and China to a wider audience, including the private
sector and the population at large by providing consultations, educational
advisory services, as well as organising trade and investment exhibitions,
tourism fairs, food festivals, art exhibitions and educational exhibition
fairs;
g) to collaborate with the private sector and
appropriate partners to identify potential markets and areas of cooperation;
h) to manage the permanent ASEAN Trade, Investment
and Tourism Exhibition Hall within the framework of the Centre;
i) to serve as an investment promotion unit
creating sectoral linkages and facilitating business opportunities between
ASEAN and Chinese ventures, especially assisting investors and companies
seeking local business partners;
j) to maintain close cooperation in the fields of
trade, investment and tourism with the Governments of ASEAN Member States,
China and the relevant regional and international organisations;
k) to further promote trade relations between ASEAN
and China through activities including seminars/ workshops/symposiums, to share
ASEAN-China trade policies with stakeholders, and continue building up
ASEAN-China Products Trade Centres in China;
l) to develop a database of related agencies and
Government Officials related to the fields of trade, investment, education,
culture and tourism of both ASEAN and China;
m) to undertake capacity building initiatives to
support the promotion of trade, investment and tourism between ASEAN and China
as well as to facilitate, whenever necessary, technical cooperation including
exploring transfer of technology related to trade, investment and tourism;
n) to support the development of small- and
medium-sized cultural enterprises (SMCE) in order to promote cultural tourism;
o) to organise seminars or workshops on topics
related to the facilitation of trade, investments and tourism between China and
ASEAN Member States; to establish a learning centre on arts, culture and
language so as to enhance people-to-people contacts and to improve mutual
understanding between the peoples and societies of ASEAN and China;
p) to enhance people-to-peoplp exchange programmes
related to the fields of trade, investment and tourism;
q) to support programmes that are related to
narrowing the development gap in ASEAN Member States; and
r) to undertake any other activities that are
deemed necessary to achieve the purpose of the Centre.
Article
4
Membership
1. China and the ASEAN Member States shall be
Members of the Centre by virtue of their role as Contracting Parties to this Memorandum
of Understanding in accordance with Article 25.
2. Ventures and organisations can apply, through
the ASEAN China Centre Secretariat, to become Associates of the Centre. The
approval criteria, terms and conditions of joining the Centre as Associates
shall be determined by the Joint Council, Ventures and organisations shall pay
association dues.
Article
5
Organisation
The operations of the Centre shall be governed by
three bodies: the policy-making body, the advisory body, and the Secretariat
The policy-making body is the highest authority represented by the Joint
Council. The advisory body provides policy advice to the Secretariat and is
represented by the Joint Executive Board. The ASEAN-China Centre Secretariat is
the operating body responsible directly to the Joint Executive Board and the
Joint Council.
Article
6
Joint
Council
1. The Joint Council shall be the policy-making
body and provide policy directives for the Centre.
2. The Joint Council shall comprise designated
representative(s) of appropriate senior-level from each ASEAN Member States and
China. The Co-chairs of the Joint Council shall be represented by the current
ASEAN Chair and China.
3. The Joint Council shall be
the supreme organ of the Centre and exercise the powers and functions to:
a) determine the general policies governing the
activities of the Centre;
b) approve the plan of operation and work programme
concerning the operation of the Centre;
c) approve the annual work programme and the annual
budget of revenues and expenditures of the Centre within the framework of the
plan of operation and work programme as proposed by the Joint Executive Board;
d) approve the annual report on the operation of
the Centre;
e) determine the powers and functions to be
entrusted to the Joint Executive Board;
f) approve the appointment of the
Secretary-General;
g) consider and approve the expansion of areas of
cooperation besides those referred to in Article 1;
h) adopt its own rules and procedure to be the
norms and basic regulations for the running of the Centre;
i) decide on the disposal of the property and
assets of the Centre in case of the dissolution of the Centre, and on any other
matters connected with the dissolution; and
j) decide on and/or approve other important matters
concerning the Centre.
4. All the decisions of the Joint Council shall be
made by consensus.
Article
7
Joint
Executive Board
1. The Joint Executive Board shall consist of
representatives from ASEAN Embassies in Beijing and the China Council, which
may include relevant representatives from agencies
involved in trade, investment, tourism, educational and cultural matters.
2. The Co-Chairs of the Joint Executive Board shall
be represented by the current ASEAN Chair and China.
3. The Joint Executive Board shall continue to
exercise the following functions and other functions as and when entrusted by
the Joint Council:
a) supervise the activities of the Centre so that
the decisions of the Joint Council are effectively implemented:
b) work in close coordination and consultation with
the ASEAN-China Centre Secretariat, to help conceptualise and design the
projects and programmes of the Centre;
c) offer advice on policy related matters;
d) exercise the power to guide the
Secretary-General with the procedure to recruit staff of the Centre; and
e) consider and endorse the annual work programme
and annual budget of the Centre as prepared by the ASEAN- China Centre
Secretariat for consideration and approval of the Joint Council.
4. The Joint Executive Board shall convene regular
meetings.
5. The Joint Executive Board can appoint Working
Groups on trade and investment; tourism; education; culture; etc, in accordance
with the objective of the establishment of the Centre. The working groups can
include relevant officials from the ASEAN Embassies in Beijing, the China
Council and the Director of the respective Divisions of the Centre to elaborate
the annual work plan of the respective Divisions of the Centre as well as to
jointly coordinate the implementation of relevant activities of the Centre.
6. All the decisions of the Joint Executive Board
shall be made by consensus.
Article
8
ASEAN-China
Centre Secretariat
1. The ASEAN-China Centre Secretariat (hereinafter
referred to as “ACCS”) shall be an executing body,
responsible for the day-to-day operations of the Centre, and produce an annual
report to the Joint Council, as well as other reports requested by the Joint
Council.
2. The ACCS shall consist of a Secretary-General
and such professional staff as the Centra may require, who must be nationals of
Members of the Centre. The number of professional staff will be determined by
the Secretary-General in consultation with the Joint Council,
3. The Secretary-General shall represent the Centre
as its chief executive and shall be responsible to the Joint Council and the
Joint Executive Board.
4. The tenure of the
Secretary-General shall be 3 years on a contract basis. He/she shall be
selected and approved by the Joint Council.
5. The Secretary-General shall work
full time for the Centre and shall not hold any other
paid-position(s) in the government or private organizations during his/her
service at the Centre.
6. Selection of the Secretary-General shall be open
to candidates from the Contracting Parties of the Centre.
7. The Secretary-General shall execute the annual
work programme, administer the annual budget, and implement the decisions of
the Joint Council, under the supervision and advice of the Joint Executive
Board.
8. The Secretary-General shall prepare an annual
report which shall include the annual work programme and the annual budget
estimates, and present them for approval to the annual meeting of the Joint
Council.
9. The Secretary-General shall recruit Directors as
heads of divisions. The appointment of Directors shall be approved by the Joint
Executive Board. The tenure of Directors shall be on a contract basis and can
be renewed by the Joint Executive Board.
10. Other positions in the Centre could be created
based on the Centre’s requirement and subject to the approval of the Joint
Council.
11. The terms and conditions of employment of staff
shall be set out in staff regulations approved by the Joint Executive Board.
Article
9
Official
Language
The official language of the Centre shall be
English.
Article
10
Funding
1. The ASEAN Member States and China hall
contribute to the Centre, in accordance with an amount of money to be agreed by
Contracting Parties necessary for the operation of the Centre. The Members
shall also take into account the importance of maintaining the sustainability
of the funding sources with regard to the implementation of the Centre’s goals.
2. The expenses borne by China shall be as follows:
a) the rent of the offtce(s) occupied by the Centre
in the territory of China; and
b) the wages, insurance fees and other expenses
necessary to hire staff who are nationals of China.
3. The expenses borne by ASEAN shall be the wages,
insurance fees and other expenses necessary to hire staffs who are nationals of
the ASEAN Member States.
4. The expenses necessary for the Centre to execute
its regular functions performed and the expenses necessary for the Centre to
carry out activities shall be borne by the Parties in the following proportion:
China 90% and ASEAN Member States 10%.
5. The Centre shall secure funding from the Chinese
and ASEAN private sectors, including rental fees for exhibition space,
association dues, activities charges and sponsorship of activities, with the
eventual goal of being financially independent to support various activities of
the Centre.
6. The Centre may, with the approval of the Joint
Council, accept assistance on a grant basis from non-Member states and
organisations.
7. The statement of financial account of the Centre
shall be annually examined and duly approved by an external auditor in
accordance with international accounting standards.
Article 11
Juridical Personality
The Centre shall possess juridical personality. It
shall have the following capacities:
a) to enter into a contract;
b) to acquire and dispose of movable and immovable
property; and
c) to institute legal proceedings.
Article
12
Privileges and Immunities
1. The Centre and officials of the Secretariat
shall enjoy, in the territory of China, privileges and immunities in accordance
with the provisions of Articles 8 to 17. The privileges and immunities provided
by this Article and Articles 8 to 17 shall not apply to Associates of the
Centre and staff of Associates of the Centre.
2. For the furtherance of the purpose of this
Memorandum of Understanding the Centre may conclude, with one or more Members
other than China, agreements on privileges and immunities which shall be
approved by the Joint Council. Pending the conclusion of such agreements,
Members of the Centre shall grant, to the extent consistent with their
respective national laws and regulations, such privileges and immunities as may
be necessary for the proper operation of the Centre.
3. In the establishment of affiliated centres, the
privileges and immunities enjoyed by the affiliated centres, the scope of
persons who shall enjoy privileges and immunities, and the privileges and
immunities they shall enjoy shall be decided separately by the Joint Council in
consultation with the host countries of the affiliated centres before their
establishment and shall be governed in a separate arrangement between the
affiliated centre and the host country which shall be approved by the Joint
Council,
Article
13
Privileges and Immunities on Property, Funds and Assets
1. The Centre, its property and assets shall enjoy
immunity from proceedings in the courts except in so far as in any particular
case it has expressly waived its immunity. It is, however, understood that no
waiver of immunity shall imply waiver of immunity in respect of the execution
of judgment, for which a separate waiver shall be necessary.
2. The provisions of this paragraph shall not apply
in case of civil proceedings related to disputes arising out of contracts and
out of damage caused by a vehicle.
3. The archives of the Centre and in general all
official papers and documents belonging to it or held by it shall be
inviolable. The private papers of the officials of the ASEAN- China Centre
shall be held in a place entirely separate from the place where the official
papers and documents are held.
4. To facilitate its operation:
a) the Centre may open or hold accounts in RMB or
any other freely convertible currency; and
b) the Centre may freely transfer its funds or
currency from or to China, or within the territory of China, and convert any
currency held by it into any other currency, in accordance with the relevant
foreign exchange management regulations of China. China shall, in accordance
with its relevant laws and regulations, give facilities and assistance to the
Centre in transferring funds and operating accounts.
5. In exercising the right as provided for in
paragraph 3 above, the Centre shall comply with the formalities laid down in
national laws of China and shall pay due regard to any representations made by
China in so far as it is considered that effect can be given to such
representations without detriment to the interest of the Centre.
6. The Centre, its assets, income and other
property shall be:
a) exempt from all direct taxes except those which
are, in fact, no more than charges for public utility services; and
b) in accordance with relevant regulations of
China, exempt from customs duties within the directly necessary quantities
approved by the Chinese Customs in respect of articles imported or exported by
the Centre for its official use; without the approval of relevant Chinese
government agencies, the articles imported under such exemption shall not be
transferred, sold or disposed of in any other means in China during the period
of custom supervision, and according to the rules, the approved transfer, sale
and other disposal of the articles shall go through the procedure of paying
taxes or tax exemption at the Customs.
7. While the Centre shall not, as a general rule,
claim exemption from excise duties and from taxes on the sale of movable and
immovable property which form part of the price to be paid, nevertheless when
the Centre is making important purchases directly for official use of property
on which such duties and taxes have been charged or are chargeable, China
shall, whenever possible, make appropriate administrative arrangements for the
remission or return of the amount of duty or tax.
Article
14
Duty-Free Entry and Other Facilities to Products for
Promotion
China shall, in accordance with its relevant laws
and regulations, give tariff free and import value-added tax free entry in the
import of necessary goods by the Centre from the ASEAN Member States within the
reasonable quantities for display at exhibitions and used within the exhibition
area which shall not be circulated in China’s domestic market (limited to be
used as free samples), and the decorative materials needed for promotional
display.
Article
15
Facilities in respect of Communications
In respect of its official communications, the
Centre shall, in the territory of China and in so far as may be compatible with
any international conventions, regulations and arrangements to which China is a
party, enjoy treatment not less favourable than that accorded by China to any
other international organisation, in the matter of priorities and rates for
postal service and telecommunication.
Article
16
Privileges and Immunities of the Officials of the ACCS
1. The officials of the ACCS shall:
a) be exempt from taxation on the salaries and Centre
function related emoluments paid to them by the Centre;
b) enjoy, together with their spouses and legal
dependents (18 years old and below) on them, the same favorable treatment on
aliens registration and residence permit as accorded to other foreigners of
similar status;
c) within six months since they first take up their
post at the Centre, upon approval by the Customs authority of China, import
free of duty settlement articles within directly necessary quantities for direct
personal use (including one personal use car for one household); without the
approval of relevant Chinese government agencies, the articles for personal use
imported free of duty by ACCS officials should not be transferred, sold or
disposed of in any other means in China during the period of custom
supervision, and the approved transfer, sale and disposal of the articles shall
go through the procedure of paying taxes or tax exemption at the Customs; and
d) be accorded in respect of exchange facilities
treatment not less favourable than that accorded to officials of comparable
rank of any other international organisations.
2. China may not apply the provisions of paragraph
1 of this Article to officials who are nationals of or permanent resident in
China.
3. Privileges and immunities are accorded to
officials of the ACCS in the interest of the Centre only, and not for their
personal benefit. Consequently, the Joint Executive Board upon the
recommendation of the Secretary-General has the right and duty to waive the
immunity of any official in any case where, in its opinion, the immunity would
impede realisation of justice and can be waived without prejudice to the
interests of the Centre. The Joint Council has the right and duty to waive the
immunity accorded to the Secretary-General.
4. The officials of the ACCS to which the
provisions of this Article shall apply shall be the Secretary-General and other
officials categories of which shall be determined by the Joint Council. The
Secretory- General shall notify the Members of the names, title and addresses
of those officials.
Article
17
Entry Facilities
1. China shall facilitate the entry, such as the
issuance of visa, of the following persons into its territory where they are
visiting on their missions related to the Centre:
a) representatives of the other Members
participating in the Meetings prescribed in Articles 6 and 7 together with
their spouses:
b) the officials of the ACCS together with their
spouses and legal dependents (18 years old and below); and
c) other persons invited by the Centre.
2. The provision of paragraph 1 above does not mean
that the entrants mentioned in that paragraph are exempted from complying with
national laws of China relating to entry formalities.
Article
18
Abuse of Privileges
1. The Centre shall cooperate at ail times with the
appropriate authorities of China to prevent the occurrence of any abuse in
connection with the privileges, immunities and facilities conferred by this
Memorandum of Understanding in China.
2. If China considers that there has been an abuse
of a privilege or immunity conferred by this Memorandum of Understanding in
China, consultations shall be held between China and the Centre to determine
whether any such abuse has occurred and, if so, to ensure that no repetition of
such abuse occurs.
Article
19
Settlement of Disputes
1. The Council shall make provisions for
appropriate modes of settlement of:
a) legal claims of a civil nature to which the
Centre is a party other than those referred to in Article 13, paragraph 1; and
b) disputes involving any officials of the
Secretariat, who enjoys immunity under the provisions of this Memorandum of
Understanding, if the immunity has not been waived in accordance with Article
16, paragraph 3,
2. Any disputes or differences between the Parties
arising out of the interpretation and/or implementation and/or application of
any of the provisions of this Memorandum of Understanding shall be settled
amicably through mutual consultation and/or negotiations between the Parties through
diplomatic channels.
Article
20
Protection of Intellectual Property Rights
1. The protection of intellectual property rights
shall be enforced in conformity with the respective national laws and
regulations of the Parties and with relevant international agreements binding
upon the respective parties.
2. The use of the name, logo and/or official emblem
of any one of the Parties on any publication, document and/or paper, pursuant
to this Memorandum of Understanding is prohibited without written approval by
that Party.
3. Notwithstanding anything contained in paragraph
1 above, a Party shall own the intellectual property rights in respect of any
technological development, which were solely and separately developed by that
Party. Where such technological development has been developed by two or more
Parties, the intellectual property rights in respect of such technological
development shall be owned jointly by those Parties, unless otherwise agreed by
them.
Article
21
Suspension
Each Party reserves the right for reasons of
national security, national interest, public order or public health to suspend
temporarily, either in whole or in part, the implementation of this Memorandum
of Understanding which suspension shall take effect on the date on which the
last Party receives written notification through diplomatic channels.
Article
22
Confidentiality
1. Each Party shall undertake
to observe the confidentiality and secrecy of documents, information and other
data received or supplied by another Party during the period of the
implementation of this Memorandum of Understanding or any other agreements made
pursuant to this Memorandum of Understanding.
2. The Parties agree that the provisions of this
Article shall continue to be binding between the Parties notwithstanding the
termination of this Memorandum of Understanding.
Article
23
Withdrawal
1. A Contracting Party may at anytime withdraw from
this Memorandum of Understanding by giving notice in writing to that effect to
the ASEAN Secretary-General.
2. Upon receiving such a notice, the
Secretary-General of ASEAN shall inform the other Contracting Parties.
3. A Contracting Party shall cease to be party to
this Memorandum of Understanding at the end of the fiscal year of the Centre in
which such notification is made. A withdrawal shall not affect the financial
obligations of that Contracting Party that is outstanding at the time when its
withdrawal takes effect.
Article
24
Amendments
1. Any Contracting Party may propose amendments to
this Memorandum of Understanding. A proposed amendment shall be communicated to
the Secretary-General who shall communicate it to the other Contracting Parties
at least six months in advance of its consideration by the Joint Council.
2. Amendments to this Memorandum of Understanding
shall be adopted by the Joint Council and shall require acceptance by the
Contracting Parties.
3. Amendments shall enter into force upon the date
of the last deposit of the instruments of acceptance or approval by the
Contracting Parties with the ASEAN Secretariat
Article
25
Entry into Force and Duration
1. After the completion of its internal legal
procedures for the entry into force of this Memorandum of Understanding, each
ASEAN Member State shall give written notification to the Secretary-General of
ASEAN, who shall promptly notify China when all of the ASEAN Member States have
finished the said procedures.
2. After the completion of its internal legal
procedures for the entry into force of this Memorandum of Understanding, China
shall give written notification to the Secretary-General of ASEAN.
3. This Memorandum of Understanding shall enter
into force upon the Secretary-General of ASEAN’s receipt of the later of (i)
China’s written notification, and (ii) the last written notification by the
ASEAN Member States. The Secretary- General of ASEAN shall notify ASEAN Member
States and China of the date of entry into force of this Memorandum of
Understanding.
4. Upon the date of entry into force of the
Memorandum of Understanding, it shall supersede the earlier Memorandum of
Understanding on Establishing the ASEAN-China Centre between the Governments of
the ASEAN Member States and China done on the Twenty Fifth Day of October of
the Year Two Thousand and Nine (25 October 2009).
5. This Memorandum of Understanding shall remain in
force for a period of five years, and thereafter may be automatically renewed
for five further years, unless objected to by any Contracting Party.
6. This Memorandum of Understanding shall be
deposited with the ASEAN Secretariat. The Secretary-General of ASEAN shall
promptly furnish a certified true copy all ASEAN Member States.
IN WITNESS WHEREOF, the undersigned, being
duly authorised thereto by the respective Governments of the ASEAN Member
States and the People's Republic of China, have signed this Memorandum of
Understanding.
DONE at Manila, the Philippines, this Sixth
Day of August in the Year Two Thousand and Seventeen, in duplicate, in the
English and Chinese languages. In the event of any dispute, the English text
shall prevail.
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For the Government
of Brunei Darussalam:
PEHIN DATO LIM JOCK SENG
Minister at the Prime Minister’s Office and Second Minister of Foreign
Affairs and Trade
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For the Government
of the
People’s Republic of China:
WANG YI
Minister of Foreign Affairs
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For the Royal
Government of Cambodia:
PRAK SOKHONN
Senior Minister and Minister of Foreign Affairs and International
Cooperation
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For the Government
of the Republic of Indonesia:
RETNO L.P. MARSUDI
Minister for Foreign Affairs
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For the Government
of the Lao People’s Democratic Republic:
SALEUMXAY KOMMASITH
Minister for Foreign Affairs
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For the Government
of Malaysia:
ANIFAH AMAN
Minister for Foreign Affairs
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For the Government
of the Republic of the Union of Myanmar:
KYAW TIN
Minister of State for Foreign Affairs
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For the Government
of the Republic of the Philippines:
ALAN PETER S. CAYETANO
Secretary of Foreign Affairs
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For the Government
of the Republic of Singapore:
DR VIVIAN BALAKRISHNAN
Secretary of Foreign Affairs
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For the Government
of the Kingdom of Thailand
DON PRAMUDWINAI
Minister of Foreign Affairs
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For the Government
of the Socialist Republic of Viet Nam
PHAM BINH MINH
Deputy Prime Minister and
Minister of Foreign Affairs
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