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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:
21/2014/TB-LPQT
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Hà Nội, ngày 13
tháng 3 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:
Hiệp định giữa Chính phủ nước Cộng hòa xã hội chủ
nghĩa Việt Nam và Chính phủ nước Cộng hòa Phần Lan về hợp tác trong Chương
trình đối tác đổi mới sáng tạo Việt Nam - Phần Lan giai đoạn 2 (Agreement
between the Government of the Socialist Republic of Viet Nam and the Government
of the Republic of Finland on the Cooperation in the Innnovation Partnership
Programme in Viet Nam, Phase 2, ký tại Hà Nội ngày 06 tháng 3 năm 2014, có hiệu
lực kể từ ngày 06 tháng 3 năm 2014.
Bộ Ngoại giao trân trọng gửi bản sao Hiệp định theo
quy định tại Điều 68 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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AGREEMENT
BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM
AND THE GOVERNMENT OF THE REPUBLIC OF FINLAND ON THE CO-OPERATION IN THE
INNOVATION PARTNERSHIP PROGRAMME (IPP) IN VIETNAM, PHASE 2
The Government of the Republic of Finland ("Finland"),
represented by the Ministry for Foreign Affairs of Finland, and the Government
of the Socialist Republic of Viet Nam ("Viet Nam"), jointly referred
to as "the Parties", have, on the basis of the Agreement on General
Terms and Procedures for Development Co-operation between Finland and Viet Nam,
signed on 8 April 1992, and on the basis of consultations on development
co-operation held in Helsinki in June 2012 between the representatives of the
two Governments, agreed, in respect of the co-operation in the Innovation.
Partnership Programme (IPP) in Vietnam, phase 2 ("the Programme"), as
follows:
Article
I. Scope and Objective
1. The Programme shall be
implemented in accordance with the Programme Framework Document and the Budget,
dated October 2013 and attached as Annex II to this Agreement, as well as in
accordance with the annual work plans and budgets to be mutually agreed upon.
2. The overall objective
of the Programme is to contribute to Viet Nam’s overall aim to become by 2020
an industrialized, middle-income country (MIC) with a knowledge economy and a
national innovation system (NIS) that actively support socio-economic
development.
Article
II. Principles of Co-operation
1. Respect for human
rights, democratic principles, good governance and, the rule of law shall form
the basis for the co-operation between Finland and Viet Nam and constitute the
essential elements of this Agreement.
2. The Programme shall be
implemented in accordance with the principles of transparency and open
dialogue.
Article
III. Competent Authorities and Implementing Agency
1. The Ministry for
Foreign Affairs of Finland, represented in Viet Nam by the Embassy of Finland,
and the Ministry of Science and Technology of Viet Nam shall be the Competent
Authorities in matters relating to this Agreement.
2. The responsibility for
the implementation of the Programme lies with the Ministry of Science and
Technology, the Ministry of Planning and Investment, the Ministry of Finance of
Vietnam and the People's Committees of the programme participating provinces.
Article
IV. Financing by Finland
1. The contribution of Finland to the implementation of the
Programme in 2014 - 2018 shall, on a grant basis and subject to annual
parliamentary approval in Finland, be a maximum of nine million nine hundred
thousand Euros (€ 9 900 000). However, the contribution shall only be used up
to the actual amount necessary to cover the costs resulting from the
implementation of the Programme as specified in the Programme Document.
Article
V. Financing by Vietnam
1. Vietnam shall cover
the costs, amounting approximately to one million one hundred thousand Euros (€
1 100 000), as a contribution to the implementation of the Programme as
specified in the Programme Framework Document.
2. All financial and
other resources required for the implementation of the Programme exceeding the
Finnish contribution shall be provided by Vietnam.
Article
VI. Procurements
1. Finland shall procure
the supporting services prescribed in the Programme Document and shall conclude
a contract with a consulting agency to be agreed upon with Viet Nam.
Other procurements for
the Programme shall be made by Finland, a Consulting Agency or Viet Nani as
defined in the Programme document and the Inception Report agreed upon between
Finland and Viet Nam.
2. No offer, gift,
payment or benefit of any kind, which would or could be construed as an illegal
or corrupt practice, shall be accepted, either directly or indirectly, as an
inducement or reward for the award or execution of procurement contracts.
3. All procurements shall
be made in accordance with the procurement regulations of Vietnam or Finland,
depending on the location of the procurement. Invitations to tender as well as
procurement contracts shall, respectively, include a clause on the possibility
of the tender being rejected and the contract being cancelled, in case any
illegal or corrupt practices have been connected with the award or execution of
the contract. Furthermore, the damage or loss caused to the buyer shall, in
case of the cancellation of the contract, be compensated by the supplier.
Article
VII. Information
1. The Parties shall:
(a) promptly inform each
other of any event or situation which might affect the implementation of the
Programme; and
(b) ensure that all
relevant authorities and organisations are informed of this Agreement and the
Programme.
2. Both Parties shall
have the right to disseminate information about the Programme, including this
Agreement. to the general public and other interested parties.
3. Any publication or
other material produced in connection with the Programme shall mention that the
Programme is being or has been implemented with the financial contribution of
Finland and within the framework of the Finnish development co-operation.
Article
VIII. Monitoring and Reporting
The implementation of the
Programme shall be reported in the maimer specified in the Programme
documentation attached to this Agreement. The reports shall be prepared in
accordance with the mutually agreed principles.
Article
IX. Auditing
Vietnam shall permit the
representatives of Finland to carry out any inspection or audit in respect of
the implementation of the Programme. Such an inspection or audit may also be
initiated by Vietnam.
Article
X. Liability
The liability of the parties
will be as they were defined in the Agreement on General Terms and Procedures
of Development Co-operation between the Government of the Republic of Finland
and the Government of the Socialist Republic of Viet Nam, signed on the 8th of
April 1992
Article
XI. Suspension
1. Both Parties shall
have the right, after consulting the other Party, to suspend in whole or in
part the financing of the Programme if:
(a) either Party considers that the other Party has
failed to fulfill one of the essential elements referred to in Article II of
this Agreement.
(b) the financing by the
other Party is not forthcoming in accordance with this Agreement and the
Programme Document;
(c) any other obligation
under this Agreement, the Agreement on General Terms and Procedures for
Development Co-operation or the Programme Document is not fulfilled;
(d) following review and
consultation, the management of the Programme is deemed to be unsatisfactory;
(e) a condition has
arisen which interferes or threatens to interfere with the implementation of
the Programme or the attainment of the objectives and purposes of the
Programme; or
(f) the suspension is
warranted by a fundamental change in the circumstances under which the
Programme was started.
2. The suspension shall
cease as soon as the event or events which gave rise to suspension have ceased
to exist.
3. Finland reserves the
right to claim reimbursement in full or in part of the Finnish contribution if
it is found to be misused or not satisfactorily accounted for.
Article
XIII. Commodities
1. Commodities procured
in or imported into Viet Nam under this Agreement for the purposes of the
Programme shall be at the exclusive disposal of the Programme. Commodities
procured in Phase 1 shall be at the exclusive disposal of the Phase 2.
2. The commodities shall
become the property of Viet Nam upon the completion of the Programme, unless
otherwise agreed by the Parties.
Article
XIV. Special Provisions
1. Other obligations of
the Parties are specified in the Programme Document.
2. The Parties shall have
the right to carry out an evaluation during the implementation of and after the
completion of the Programme.
3. The implementation of
the Programme shall also be governed by the provisions of the Agreement on
Genera] Terms and Procedures for Development Co-operation, unless otherwise
provided for in this Agreement.
4. All unspent programme
funding from Phase I shall be transferred automatically to Phase II.A written annex
confirming the open amount of funding shall be automatically added as Annex II
to this Agreement based on the final audit of Phase I.
Article XV. Entry Into Force,
Termination, Amendments and Settlement of Disputes
1. This Agreement shall
enter into force on the date of its signature and remain valid until all the
obligations under this Agreement have been duly fulfilled by the Parties,
unless terminated earlier by either Party by giving a notice in writing to that
effect three months prior to the termination.
2. This Agreement may be
amended or supplemented upon written agreement between the Parties. The
amendment or supplement shall form an integral part of the Agreement.
3. Any dispute arising
from the implementation or interpretation of this Agreement shall be settled
amicably by negotiations between the Competent Authorities.
4. In witness thereof,
the undersigned, being duly authorized by their respective Governments, have
signed this Agreement.
Done in Hanoi on 6 March 2014 in two originals
in the English language.
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FOR THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM
Mr. Nguyen Quan
MINISTER OF MINISTRY OF SCIENCE AND TECHNOLOGY
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FOR THE GOVERNMENT OF THE REPUBLIC OF FINLAND
Mr Kimmo Lähdevirta
AMBASSADOR
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ANNEXES
Programme Document, dated
October 2013 (Annex I)
Audit statement on the
unspent programme funding from Phase I (Annex II)