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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:
48/2015/TB-LPQT
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Hà Nội, ngày 22
tháng 09 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:
Công hàm trao đổi giữa Chính phủ nước Cộng hòa
xã hội chủ nghĩa Việt Nam và Chính phủ Nhật Bản về việc Chính phủ Nhật Bản cung
cấp khoản ODA vốn vay cho Chính phủ Việt Nam tại khóa 2014 với 15 tỷ Yên,
ký tại Hà Nội ngày 31 tháng 3 năm 2015, có hiệu lực kể từ ngày 31 tháng 3 năm
2015.
Bộ Ngoại giao trân trọng gửi bản sao Công hàm theo
quy định tại Điều 68 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG VỤ PHÁP LUẬT VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Lê Đức Hạnh
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EMBASSY OF
JAPAN
HANOI
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Hanoi, March 31,
2015
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Excellency,
I have the honour to confirm the following
understanding recently reached between the representatives of the Government of
Japan and of the Government of the Socialist Republic of Viet Nam 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
with particular focus on promoting the efforts by the Government of the
Socialist Republic of Viet Nam for achieving both reduction of emissions of
greenhouse gases and economic growth as well as for contributing to climate stability:
1. A loan in Japanese yen up to the amount of
fifteen billion yen (¥15,000,000,000) (hereinafter referred to as “the Loan”)
will be extended, in accordance with the relevant laws and regulations of
Japan, to the Government of the Socialist Republic of Viet Nam by the Japan
International Cooperation Agency (hereinafter referred to as “JICA”) for the
purpose of supporting the Government of the Socialist Republic of Viet Nam in
implementing its policy document under the Support Program to Respond to
Climate Change (V) (hereinafter referred to as “the Policy Document”).
2. (1) The Loan will be made available by a loan
agreement to be concluded between the Government of the Socialist Republic of
Viet Nam and JICA. The terms and conditions of the Loan as well as the
procedures for its utilization will be governed by the said loan agreement,
within the scope of the present understanding, which will contain, inter alia,
the following principles:
(a) The repayment period will be thirty (30) years
after the grace period of ten (10) years;
(b) The rate of interest will be nought point three
per cent (0.3%) per annum; and
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His Excellency
Mr. Bui Quang Vinh
Minister of Planning and Investment of the Socialist Republic of Viet Nam
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(c) The disbursement period will be two (2) years
after the date of coming into force of the said loan agreement.
(2) The disbursement period mentioned in
sub-paragraph (1) (c) above may be extended with the consent of the authorities
concerned of the two Governments.
3. (1) The Loan will be made available to cover
payments already made and/or to be made by importers in the Socialist Republic
of Viet Nam to suppliers of eligible source countries under such contracts as
have been and/or may be entered into between them for purchases of products,
except such products as will be enumerated in a list to be mutually agreed upon
between the authorities concerned of the two Governments, and/or for purchases
of services incidental to the purchase of those products, provided that such
purchases are made in such eligible source countries for products produced in
and/or services supplied from those countries.
(2) The list mentioned in sub-paragraph (1) above
may be modified by agreement between the authorities concerned of the two
Governments.
(3) The scope of eligible source countries
mentioned in sub-paragraph (1) above shall be agreed upon between the
authorities concerned of the two Governments.
4. The Government of the Socialist Republic of Viet
Nam shall take measures to have the equivalent in Vietnamese currency of the
amount of yen disbursements of the Loan transferred to the state budget account
opened in the name of the Government of the Socialist Republic of Viet Nam, The
amount thus transferred shall be included in the state budget of the Government
of the Socialist Republic of Viet Nam, and shall be used to support the
implementation of the Policy Document by the Government of the Socialist
Republic of Viet Nam.
5. The Government of the Socialist Republic of Viet
Nam shall ensure that the products and/or services mentioned in sub-paragraph
(1) of paragraph 3 are procured in accordance with the guidelines for
procurement of JICA, which set forth, inter alia, the procedures of
international competitive bidding to be followed except where such procedures
are inapplicable or inappropriate.
6. With regard to the shipping and marine insurance
of the products purchased under the Loan, the Government of the Socialist
Republic of Viet Nam shall refrain from imposing any restrictions that may
hinder fair and free competition among the shipping and marine insurance
companies.
7. The Government of the Socialist Republic of Viet
Nam shall exempt JICA from all fiscal levies and taxes imposed in the Socialist
Republic of Viet Nam on and/or in connection with the Loan as well as interest
accruing therefrom.
8. The Government of the Socialist Republic of Viet
Nam shall take necessary measures to ensure that the Loan be used properly and
exclusively for the economic stabilization and development efforts of the
Socialist Republic of Viet Nam.
9. While ensuring fair treatment of sources of
information and data, the Government of the Socialist Republic of Viet Nam
shall, upon request, furnish the Government of Japan and JICA with:
(a) information and data concerning the use of the
Loan and the progress of the implementation of the Policy Document; and
(b) any other information, including information on
corrupt practice, related to the Loan and the Policy Document.
10. The two Governments shall consult with each
other with respect to 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 Government of
the Socialist Republic of Viet Nam 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 renew to Your
Excellency the assurance of my highest consideration.
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Hiroshi Fukada
Ambassador Extraordinary and Plenipotentiary of Japan to the Socialist
Republic of Viet Nam
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Record
of Discussions
In connection with the Exchange of Notes between
the Government of Japan and the Government of the Socialist Republic of Viet
Nam dated March 31, 2015, 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 with particular focus on promoting the efforts
by the Government of the Socialist Republic of Viet Nam for achieving both
reduction of emissions of greenhouse gases and economic growth as well as for
contributing to climate stability (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 sub-paragraph (1) of paragraph 3
of the Exchange of Notes, Japanese Note Verbale No.J.D.24/2015 dated March 31,
2015 and Vietnamese Note Verbale No.1787/BKHĐT-KTĐN dated March 31, 2015, it
was a shared view of the two Delegations that suppliers of eligible source
countries mean nationals of the eligible source countries or juridical persons incorporated
and registered in those countries, and which have their appropriate facilities
for producing or providing goods and services in those countries and actually
conduct their business there.
2. With regard to sub-paragraph (1) of paragraph 3
of the Exchange of Notes, the representative of the Japanese Delegation stated
that the loan mentioned in paragraph 1 of the Exchange of Notes (hereinafter
referred to as “the Loan”) may be made available to cover payments already made
and/or to be made between January 1, 2012, and the previous date of coming into
force of the relevant loan agreement as well as payments to be made on and
after the date of coming into force of the said loan agreement, for purchases
of the products and/or services referred to in the said sub-paragraph.
3. With regard to paragraph 4 of the Exchange of
Notes, the representative of the Japanese Delegation stated that the
possibility of succeeding Japanese loans will be subject to confirmation of the
performance and the progress achieved by the Government of the Socialist
Republic of Viet Nam in implementing its policy document under the Support
Program to Respond to Climate Change referred to in paragraph 1 of the Exchange
of Notes.
4. With regard to paragraph 8 of the Exchange of
Notes, the representative of the Japanese Delegation stated that:
(a) the necessary measures referred to in the said
paragraph include measures preventing any offer, gift or payment, consideration
or benefit which would be construed as a corrupt practice in the Socialist
Republic of Viet Nam from being made as an inducement to or reward for the
award of the contracts referred to in sub-paragraph (1) of paragraph 3 of the
Exchange of Notes;
(b) the Government of the Socialist Republic of Viet
Nam will take all necessary measures to enable and facilitate ex-post
procurement audit to be carried out by independent auditors which the Japan
International Cooperation Agency (hereinafter referred to as “JICA”) will
designate and to be paid at JICA's expense, in order to ensure fairness and
competitiveness of the procurement process, in case where JICA considers such
audit to be necessary; and
(c) the products and services purchased under Loan
will not be used for the military purposes.
5. The representative of the Vietnamese Delegation
stated that the Vietnamese Delegation had no objection to the above-mentioned
statements by the Japanese Delegation.
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Bui Quang Vinh
Minister of Planning and Investment of the Socialist Republic of Viet nam
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Hiroshi Fukada
Ambassador Extraordinary and Plenipotentiary of Japan to the Socialist
Republic of Viet Nam
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EMBASSY OF
JAPAN
HANOI
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No.J.D.23/2015
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The Embassy of Japan in the Socialist Republic of
Viet Nam presents its compliments to the Ministry of Planning and Investment of
the Socialist Republic of Viet Nam and has the honour to refer to sub-paragraph
(1) of paragraph 3 of the Exchange of Notes between the Government of Japan and
the Government of the Socialist Republic of Viet Nam dated March 31, 2015,
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
with particular focus on promoting the efforts by the Government of the
Socialist Republic of Viet Nam for achieving both reduction of emissions of
greenhouse gases and economic growth as well as for contributing to climate
stability.
The Embassy has further the honour to propose
herewith a list of ineligible products for financing under the Japanese loan.
To: Ministry of Planning and Investment
The Socialist Republic of Viet Nam
LIST OF INELIGIBLE PRODUCTS
1. Alcoholic beverage (112)
2. Tobacco, unmanufactured tobacco refuse (121)
3. Tobacco, manufactured (whether or not containing
tobacco substitutes) (122)
4. Tobacco processing machinery (728.43)
5. Radioactive and associated materials (525)
6. Pearls, precious and semiprecious stones,
unworked or worked (667)
7. Nuclear reactors, and parts thereof, fuel
elements (cartridges), non-irradiated for nuclear reactors (718.7)
8. Jewelry of gold, silver or platinum group metals
(except watches and watch cases) and goldsmiths' or silversmiths' wares
(including set gems) (897.3)
9. Gold, non-monetary (excluding gold ores and
concentrates) (971)
10. Any type of arms
11. Any environmental hazardous goods (for purposes
of this paragraph the term “environmentally hazardous goods” means goods, the manufacture,
use or import of which is prohibited under the laws of the Socialist Republic
of Viet Nam or international agreements to which the Socialist Republic of Viet
Nam is a party.)
( ) SITC Code Number
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EMBASSY OF
JAPAN
HANOI
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No.J.D.24/2015
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The Embassy of Japan in the Socialist Republic of
Viet Nam presents its compliments to the Ministry of Planning and Investment of
the Socialist Republic of Viet Nam and has the honour to refer to sub-paragraph
(3) of paragraph 3 of the Exchange of Notes between the Government of Japan and
the Government of the Socialist Republic of Viet Nam dated March 31, 2015,
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
with particular focus on promoting the efforts by the Government of the
Socialist Republic of Viet Nam for achieving both reduction of emissions of
greenhouse gases and economic growth as well as for contributing to climate stability.
The Embassy has further the honour to propose that
the scope of eligible source countries mentioned in the said sub-paragraph will
be all countries and areas except the Socialist Republic of Viet Nam.
To: Ministry of Planning and Investment
The Socialist Republic of Viet Nam
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MINISTRY OF
PLANNING AND INVESTMENT OF SOCIALIST REPUBLIC OF VIET NAM
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Hanoi, March 31,
2015
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Excellency,
I have the honour to acknowledge the receipt of
Your Excellency's Note of today's date, which reads as follows:
“I have the honour to confirm the following
understanding recently reached between the representatives of the Government of
Japan and of the Government of the Socialist Republic of Viet Nam 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
with particular focus on promoting the efforts by the Government of the
Socialist Republic of Viet Nam for achieving both reduction of emissions of
greenhouse gases and economic growth as well as for contributing to climate
stability:
1. A loan in Japanese yen up to the amount of
fifteen billion yen (¥15,000,000,000) (hereinafter referred to as “the Loan”)
will be extended, in accordance with the relevant laws and regulations of
Japan, to the Government of the Socialist Republic of Viet Nam by the Japan
International Cooperation Agency (hereinafter referred to as “JICA”) for the
purpose of supporting the Government of the Socialist Republic of Viet Nam in
implementing its policy document under the Support Program to Respond to
Climate Change (V) (hereinafter referred to as “the Policy Document”).
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His Excellency
Mr. Hiroshi Fukada
Ambassador Extraordinary
and Plenipotentiary of Japan
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2. (1) The Loan will be made available by a loan
agreement to be concluded between the Government of the Socialist Republic of
Viet Nam and JICA. The terms and conditions of the Loan as well as the
procedures for its utilization will be governed by the said loan agreement,
within the scope of the present understanding, which will contain, inter
alia, the following principles:
(a) The repayment period will be thirty (30) years
after the grace period of ten (10) years;
(b) The rate of interest will be nought point three
per cent (0.3%) per annum; and
(c) The disbursement period will be two (2) years
after the date of coming into force of the said loan agreement.
(2) The disbursement period mentioned in
sub-paragraph (1) (c) above may be extended with the consent of the authorities
concerned of the two Governments.
3. (1) The Loan will be made available to cover
payments already made and/or to be made by importers in the Socialist Republic
of Viet Nam to suppliers of eligible source countries under such contracts as
have been and/or may be entered into between them for purchases of products,
except such products as will be enumerated in a list to be mutually agreed upon
between the authorities concerned of the two Governments, and/or for purchases
of services incidental to the purchase of those products, provided that such
purchases are made in such eligible source countries for products produced in
and/or services supplied from those countries.
(2) The list mentioned in sub-paragraph (1) above
may be modified by agreement between the authorities concerned of the two
Governments.
(3) The scope of eligible source countries
mentioned in sub-paragraph (1) above shall be agreed upon between the
authorities concerned of the two Governments.
4. The Government of the Socialist Republic of Viet
Nam shall take measures to have the equivalent in Vietnamese currency of the
amount of yen disbursements of the Loan transferred to the state budget account
opened in the name of the Government of the Socialist Republic of Viet Nam. The
amount thus transferred shall be included in the state budget of the Government
of the Socialist Republic of Viet Nam, and shall be used to support the
implementation of the Policy Document by the Government of the Socialist
Republic of Viet Nam.
5. The Government of the Socialist Republic of Viet
Nam shall ensure that the products and/or services mentioned in sub-paragraph
(1) of paragraph 3 are procured in accordance with the guidelines for
procurement of JICA, which set forth, inter alia, the procedures
of international competitive bidding to be followed except where such
procedures are inapplicable or inappropriate.
6. With regard to the shipping and marine insurance
of the products purchased under the Loan, the Government of the Socialist
Republic of Viet Nam shall refrain from imposing any restrictions that may
hinder fair and free competition among the shipping and marine insurance
companies.
7. The Government of the Socialist Republic of Viet
Nam shall exempt JICA from all fiscal levies and taxes imposed in the Socialist
Republic of Viet Nam on and/or in connection with the Loan as well as interest
accruing therefrom.
8. The Government of the Socialist Republic of Viet
Nam shall take necessary measures to ensure that the Loan be used properly and
exclusively for the economic stabilization and development efforts of the
Socialist Republic of Viet Nam.
9. While ensuring fair treatment of sources of information
and data, the Government of the Socialist Republic of Viet Nam shall, upon
request, furnish the Government of Japan and JICA with:
(a) information and data concerning the use of the
Loan and the progress of the implementation of the Policy Document; and
(b) any other information, including information on
corrupt practice, related to the Loan and the Policy Document.
10. The two Governments shall consult with each
other with respect to 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 Government of
the Socialist Republic of Viet Nam 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 renew to Your
Excellency the assurance of my highest consideration.”
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 and 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 renew to Your
Excellency the assurance of my highest consideration.
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Bui Quang Vinh
Minister of Planning and Investment of the Socialist Republic of Viet Nam
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Record
of Discussions
In connection with the Exchange of Notes between
the Government of the Socialist Republic of Viet Nam and the Government of
Japan dated March 31, 2015 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 with particular focus on promoting the efforts by the
Government of the Socialist Republic of Viet Nam for achieving both reduction
of emissions of greenhouse gases and economic growth as well as for
contributing to climate stability (hereinafter referred to as “the Exchange of
Notes”) , the representatives of the Vietnamese Delegation and of the Japanese
Delegation wish to record the following:
1. With regard to sub-paragraph (1) of paragraph 3
of the Exchange of Notes, Japanese Note Verbale No.J.D.24/2015 dated March 31,
2015 and Vietnamese Note Verbale No.1787/BKHĐT-KTĐN dated March 31, 2015, it
was a shared view of the two Delegations that suppliers of eligible source
countries mean nationals of the eligible source countries or juridical persons
incorporated and registered in those countries, and which have their
appropriate facilities for producing or providing goods and services in those
countries and actually conduct their business there.
2. With regard to sub-paragraph (1) of paragraph 3
of the Exchange of Notes, the representative of the Japanese Delegation stated
that the loan mentioned in paragraph 1 of the Exchange of Notes (hereinafter
referred to as “the Loan”) may be made available to cover payments already made
and/or to be made between January 1, 2012, and the previous date of coming into
force of the relevant loan agreement as well as payments to be made on and
after the date of coming into force of the said loan agreement, for purchases
of the products and/or services referred to in the said sub-paragraph.
3. With regard to paragraph 4 of the Exchange of
Notes, the representative of the Japanese Delegation stated that the
possibility of succeeding Japanese loans will be subject to confirmation of the
performance and the progress achieved by the Government of the Socialist
Republic of Viet Nam in implementing its policy document under the Support
Program to Respond to Climate Change referred to in paragraph 1 of the Exchange
of Notes.
4. With regard to paragraph 8 of the Exchange of
Notes, the representative of the Japanese Delegation stated that:
(a) the necessary measures referred to in the said
paragraph include measures preventing any offer, gift or payment, consideration
or benefit which would be construed as a corrupt practice in the Socialist
Republic of Viet Nam from being made as an inducement to or reward for the
award of the contracts referred to in sub-paragraph (1) of paragraph 3 of the
Exchange of Notes;
(b) the Government of the Socialist Republic of
Viet Nam will take all necessary measures to enable and facilitate ex-post
procurement audit to be carried out by independent auditors which the Japan
International Cooperation Agency (hereinafter referred to as “JICA”) will
designate and to be paid at JICA's expense, in order to ensure fairness and
competitiveness of the procurement process, in case where JICA considers such
audit to be necessary; and
(c) the products and services purchased under the
Loan will not be used for the military purposes.
5. The representative of the Vietnamese Delegation
stated that the Vietnamese Delegation had no objection to the above-mentioned
statements by the Japanese Delegation.
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Hiroshi Fukada
Ambassador Extraordinary and Plenipotentiary of Japan to the Socialist
Republic of Viet nam
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Bui Quang Vinh
Minister of Planning and Investment of the Socialist Republic of Viet Nam
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