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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: 02/2013/TB-LPQT
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Hà Nội,
ngày 10 tháng 01 năm 2013
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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:
Hiệp định về việc thành lập Viện tăng trưởng
xanh toàn cầu, ký tại Ri-ô Đê Gia-nê-rô, Bra-xin ngày 21 tháng 6 năm 2012, có
hiệu lực đối với Việt Nam kể từ ngày 11 tháng 01 năm 2013.
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
Lê Thị Tuyết Mai
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AGREEMENT
ON THE ESTABLISHMENT OF
THE GLOBAL GREEN GROWTH INSTITUTE
The Parties to this
Agreement,
Acknowledging that the
integration of economic growth and environmental sustainability is essential
for the future of humankind;
Recognizing the need
to develop and diffuse a new model of economic growth-green growth - that
simultaneously targets economic performance and environmental sustainability,
ultimately supporting the global paradigm shift towards a sustainable economy;
Supporting the sustainable
development of developing and emerging countries, including the poorest
communities within those countries and the least developed countries, through
effective green growth strategies and plans that deliver poverty reduction, job
creation and social inclusion in an environmentally sustainable manner;
Striving to achieve
the sustainable development of the international community through dialogue,
collective learning and collaboration between developed and developing
countries and the public and private sectors;
Contributing to the
successful outcome of the United Nations process on sustainable development and
attainment of other internationally agreed goals, including the Millennium
Development Goals such as eradicating extreme poverty and hunger, ensuring
environmental sustainability and developing global partnerships for
development;
Pursuing a close
collaboration with other international organizations and international
financial institutions that promote green growth;
Understanding that the
design and implementation of green growth require continuity and a long term
perspective;
Noting that a new kind
of interdisciplinary and multi-stakeholder international organization is
necessary to effectively address climate change and implement low-carbon development
strategies; and
Desiring to establish
the Global Green Growth Institute as an international organization;
Have agreed as
follows:
Article
1. ESTABLISHMENT
1. The Global Green
Growth Institute is hereby established as an international organization
(hereinafter referred to as the “GGGI”).
2. The headquarters of
the GGGI shall be located in Seoul, the Republic of Korea.
Article
2. OBJECTIVES
The GGGI shall promote
sustainable development of developing and emerging countries, including the
least developed countries, by:
a. supporting and
diffusing a new paradigm of economic growth: green growth, which is a balanced
advance of economic growth and environmental sustainability;
b. targeting key
aspects of economic performance and resilience, poverty reduction, job creation
and social inclusions and those of environmental sustainability such as climate
change mitigation and adaptation, biodiversity protection and securing access
to affordable, clean energy, clean water and land; and
c. creating and
improving the economic, environmental and social conditions of developing and
emerging countries through partnerships between developed and developing
countries and the public and private sectors.
Article
3. DEFINITIONS
For the purposes of
this Agreement:
a. contributing member
means a Member of the GGGI that has provided a multi-year financial
contribution of core funding of no less than 15 million USD over three years or
10 million USD over the first two years. The level and nature of contribution
required to qualify as a contributing member shall be kept under review by the
Assembly, and may be adjusted by the Assembly by consensus to support the
growth of the GGGI over time;
b. participating
member means a Member of the GGGI that is not a contributing member under
paragraph a;
c. members present and
voting means members present and casting an affirmative or a negative vote. A
quorum for any decision of the Assembly or Council shall be a simple majority
of the members of the respective organ. For the avoidance of doubt, signatory
States and regional integration organizations under Article 5.3 shall be
counted for the purposes of quorum at the first session of the Assembly; and
d. the Organization
means the body known as the Global Green Growth Institute established as a
non-profit foundation on 16 June 2010 in the Republic of Korea.
Article
4. ACTIVITIES
In order to accomplish
its objectives, the GGGI shall engage in the following types of activities:
a. supporting
developing and emerging countries with capacity building to design and
implement green growth plans at the national, provincial, or local level to
facilitate poverty reduction, job creation and social inclusion;
b. pursuing research
to advance the theoiy and practice of green growth, drawing particularly from
the experience of governments and industries;
c. facilitating
public-private cooperation to foster an enabling environment for
resource-efficient investment, innovation, production and consumption, and
diffusion of best practices;
d. disseminating evidence-based
knowledge and enhancing public awareness of green growth and sustainable
development; and
e. performing any
other activities relevant to the objectives of the GGGI.
Article
5. MEMBERSHIP
1. A state or regional
integration organization[1]
shall become a Member of the GGGI by becoming Party to this Agreement. The
membership of the GGGI is open to any member state of the United Nations or
regional integration organization that subscribes to the objectives of the GGGI
under Article 2.
2. No Member shall be
liable, by reason of its status or participation in the GGGI, for acts,
omissions or obligations of the GGGI,
3. Signatory States
and regional integration organizations that have not submitted an instrument of
ratification, acceptance or approval to the Director-General by the time of
entry-into-force of the Agreement shall, at the first session of the Assembly,
have the same capacities as Members, including the right to vote and the
ability to be elected to, and serve on, the Council. For the avoidance of
doubt, this paragraph shall not apply in relation to subsequent sessions of the
Assembly.
4. Any regional
integration organization which becomes a Party to the Agreement without any of
its member states being a Party shall be bound by all the obligations under the
Agreement. In the case of such organizations, where one or more of its member
states is a Party to the Agreement, the organizations and its member states
shall decide on their respective responsibilities for the performance of their
obligations under the Agreement. A separate arrangement on the modalities of
the exercise of membership shall be negotiated prior to membership for regional
integration organizations and subsequently approved by the Assembly.
5. In their
instruments of ratification, acceptance, approval or accession, regional
integration organizations shall declare the extent of their competence with
respect to the matters governed by the Agreement. These organizations shall
also inform the Depositary, who shall in turn inform the Parties, of any
substantial modification in the extent of their competence.
Article
6. ORGANS
1. The GGGI shall have
an Assembly, a Council, an Advisory Committee and a Secretariat as its
principal organs,
2. Branch offices or
other subsidiary organs of the GGGI may be established if the Assembly so
decides as required to support its activities.
Article
7. THE ASSEMBLY
1. The Assembly is the
supreme organ of the GGGI and shall be composed of Members.
2. The Assembly shall
meet once every two years in ordinary sessions, or as otherwise decided by the
Assembly. An extraordinary session of the Assembly shall be convened upon the
initiative of one-third of its Members. Sessions of the Assembly shall take
place at the headquarters of the GGGI, unless the Assembly decides otherwise.
3. The Assembly shall
adopt its rules of procedure by consensus at its first session. For the
avoidance of doubt, this Agreement prevails to the extent of any inconsistency
between this Agreement and the rules of procedure.
4. The Assembly may
grant Observer status to non-state entities such as intergovernmental
organizations, private companies, research institutes and non-governmental
organizations (NGOs), based on criteria agreed by the Assembly. Representatives
with Observer status may engage in discussions in the Assembly but shall not
have voting rights in Assembly deliberations. Further provisions relating to
the participation of Observers in the Assembly may be made in the rules of procedure
referred to in paragraph 3.
5. The functions of
the Assembly shall include:
a. electing Members to
the Council, in accordance with Article 8.2, and considering the principle of
rotation;
b. appointing the
Director-General who shall be nominated by the Council;
c. considering and
adopting amendments to this Agreement, in accordance with Article 24;
d. advising on the
overall direction of the GGGl's work;
e. reviewing progress
in meeting the GGGl’s objectives;
f. receiving reports
from the Secretariat on strategic, operational and financial matters; and
g. providing guidance
on cooperative partnerships and linkages with other international bodies in
accordance with Article 16.
6. Each Member shall
be entitled to one vote.
7. Members that are
regional integration organizations shall, in matters for which they are
responsible in accordance with Article 5.4 and 5.5, exercise their right to
vote with a number of votes equal to the number of their member states that are
Parties to the Agreement The modalities of the exercise of membership rights
shall be included in the separate arrangement set out in Article 5.4 to be
negotiated prior to membership for regional integration organizations.
8. The Assembly shall
make every effort to reach decisions by consensus. If all efforts at consensus
have been exhausted, and no consensus reached, on the request by the President,
decisions shall as a last resort be adopted by a simple majority of the members
present and voting, except as otherwise provided in this Agreement. In
addition, the adoption of decisions shall require a majority of contributing
members present and voting, as well as a majority of participating members
present and voting. For the avoidance of doubt, decisions may be taken by
written procedure between meetings of the Assembly.
9. The Assembly shall
elect one President and two Vice-Presidents with terms of two years.
10. The President,
with the support of the Vice-Presidents, shal! preside over the Assembly and
shall carry out the duties which are entrusted to her or him.
11. The President
shall be responsible to the Assembly while it is in session.
Article
8. THE COUNCIL
1. The Council shall
act as the executive organ of the GGGI and shall, under the guidance of the Assembly,
be responsible for directing the activities of the GGGI.
2. The Council shall
consist of no more than seventeen members, as follows:
a. five contributing
members elected by the Assembly;
b. five participating
members elected by the Assembly;
c. five experts or
non-state actors who can contribute substantially to the objectives of the
GGGI, appointed by the Council;
d. the host country,
which shall have a permanent seat on the Council; and
e. the
Director-General without a voting right.
3. The members of the
Council specified in paragraph 2 a, b and c shall serve for terms of two years,
except as provided in paragraph 4.
4. The Assembly shall
ensure that around half of the initial Council members elected under paragraph
2 a, b and c are elected for an initial term of one year, for the purposes of
continuity of Council membership.
5. The functions of
the Council, under the guidance of the Assembly, shall be to:
a. nominate a
Director-General for appointment by the Assembly;
b. approve the GGGI's
strategy, and review the results, monitoring and evaluation framework;
c. approve the annual
work program and budget;
d. approve audited
financial statements;
e. approve the
admission of new members to the Advisory Committee in accordance with Article
9-2;
f. approve the
criteria for country program selection, which shall be consistent with the
objectives of the GGGI and based, inter alia, on objective criteria;
g. approve the Council
Sub-Committees* membership; and
h. perform any other
functions delegated by the Assembly or conferred elsewhere in this Agreement.
6. Each member of the
Council shall be entitled to one vote except for the Director-General.
7. The Council shall
make every effort to reach decisions by consensus. If all efforts at consensus
have been exhausted, and no consensus reached, on the request by the Chair,
decisions shall as a last resort be adopted by a simple majority of the members
present and voting, except as otherwise provided in this Agreement. In
addition, the adoption of decisions shall require a majority of contributing
members present and voting, as well as a majority of participating members
present and voting. For the avoidance of doubt, decisions may be taken by
written procedure between meetings of the Council.
8. The Council shall
adopt its rules of procedure by consensus at its first session.
9. The Council shall
elect one Chair and two Vice-Chairs with terms of two years.
10. The Chair, with
the support of the Vice-Chairs, shall preside over the Council and shall cany
out the duties which are entrusted to her or him.
11. The Chair shall be
responsible to the Council while it is in session.
12. For the effective
coordination and operation, the Council may establish sub-committees including,
as appropriate, a Facilitative Sub-Committee, a Human Resources Sub-Committee,
a Program Sub-Committee and an Audit & Finance Sub-Committee. The Audit
& Finance SubCommittee shall be chaired by a contributing member.
Article
9. THE ADVISORY COMMITTEE
1. The Advisory
Committee, as a consultative and advisory organ of the GGGI, shall have a key
role in:
a. serving as a forum
for public-private cooperation on green growth; and
b. advising the
Council on the strategy and activities of the GGGI, including with regard to
any synergies and linkages between the GGGI and other actors that may be
pursued through Article 16.
2. The Advisory
Committee shall be composed of leading, relevant experts and non-state actors. Applications
for membership to the Advisory Committee shall be presented to the Director-
General in writing, and shall be approved by the Council in accordance with
Article 8.5 e.
3. The Advisoiy
Committee shall meet in regular session which shall be held once a year unless
it decides otherwise.
4. The Advisory
Committee shall adopt its rules of procedure, and may elect a Chair and a Vice
Chair.
Article
10. THE SECRETARIAT AND DIRECTOR-GENERAL
1. The Secretariat
shall, under the guidance of the Council and Assembly, be the chief operational
organ of the GGGI, and be headed by a Director-General.
2. The
Director-General shall be nominated by the Council and appointed by the
Assembly. The Director-General may participate in meetings of the Council and
the Assembly, but shall not vote at such meetings.
3. The
Director-General shall be appointed for an initial term of four years and may
be reappointed for a further term.
4. In addition to any
functions conferred on the Director-General elsewhere in this Agreement or by
the Council or Assembly from time to time, the Director-General shall, under
the guidance of the Council and Assembly:
a. provide strategic
leadership for the GGGI;
b. prepare all
necessary operational and financial documents;
c. report on the overall
implementation of the GGGI’s activities and bring to the attention of the
Council any matter which he or she considers might impact on the fulfillment of
the GGGI’s objectives;
d. carry out the
directions of the Assembly and the Council; and
e. represent the GGGI
externally and develop strong relations with Members and other stakeholders.
5. The Secretariat
shall be responsible to the Director-General and shall, inter alia, support the
Director-General in carrying out the functions listed in paragraph 4 and the
core activities of the GGGI.
6. In the performance
of their duties, the Director-General, and the staff of the Secretariat shall
neither seek nor receive instructions from any state or from any authority
external to the GGGI. They shall refrain from any action which might reflect
adversely on their position as international officials.
7. The
Director-General shall appoint the staff of the Secretarial in accordance with
staff regulations approved by the Council. Efficiency, competence, merit and
integrity shall be the necessary considerations in the recruitment and
employment of the staff, taking into account the principle of gender equality.
Article
11. WORKING LANGUAGE
The working language
of the GGGI shall be English.
Article
12. FINANCE
1. The GGGI shall
obtain its financial resources through:
a. voluntary
contributions provided by Members;
b. voluntary
contributions provided by non-governmental sources;
c. the sale of
publications and other revenue;
d. interest income
from trusts; and
e. any other sources
in accordance with the Financial rules to be adopted by the Assembly by
consensus.
2. Members are
encouraged to support the GGGI and ensure its financial stability through
voluntary annual contribution of core funding, active engagement in its activities
or other appropriate means.
3. To promote
financial transparency, a financial audit of the operations of the GGGI shall
be conducted on an annual basis by an independent external auditor appointed by
the Council and the audit shall be conducted in accordance with international
auditing standards.
4. The audited
financial statements shall be made available to Members as soon as possible
after the close of each financial year, but not later than six months after
that date, and shall be considered for approval by the Council at its next
session, as appropriate.
Article
13. DISCLOSURE
The organs of the GGGI
shall develop a comprehensive disclosure policy which ensures transparency in
the work of the GGGI, including:
a. the discussions, decisions
and documents received, reviewed and adopted by the Assembly;
b. the criteria on
which non-state entities are granted Observer status;
c. the discussions,
decisions and related documents in the Council;
d. the criteria on
which experts and non-state actors in the Council are selected;
e. the criteria and
methodology for country program selection;
f. the criteria on
which the members of the Advisory Committee are approved; and
g. the GGGFs annual
audited financial statements.
Article
14. LEGAL PERSONALITY AND CAPACITY
The GGGI shall possess
legal personality and have the capacity:
a. to contract;
b. to acquire and
dispose of immovable and movable property; and
c. to institute and
defend itself in legal proceedings.
Article
15. PRIVILEGES AND IMMUNITIES
The GGGI may enjoy
such privileges and immunities in the member state in which it is
headquartered, and may seek such privileges and immunities in other Members, as
may be necessary and appropriate for the proper functioning of the GGGI in the
territory of member states, in due consideration of such privileges and
immunities as are customarily accorded to a similar types of international
organization. Such privileges and immunities shall be specified in a separate
agreement that may be concluded among the Members or between the GGGI and the
individual Member.
Article
16. COOPERATIVE PARTNERSHIPS
1. The GGGI may
establish cooperative relationships with other organizations, including international,
intergovernmental and non-governmental organizations, with a view to further
the objectives of the GGGI.
2. The GGGI may also
invite organizations with which it shares similar objectives in green growth,
to enter into a strategic partnership for mutual cooperation on a medium or
long-term basis.
Article
17 TRANSITIONAL PROVISIONS
1. Until such time as
the Secretariat of the GGGI has been established, the Organization shall serve
and perform functions of the Secretariat. The Executive Director of the
Organization shall serve as the Director-General of the GGGI until the Assembly
appoints the Director-General in accordance with Article 7.5b.
2. Upon the entry into
force of this Agreement, the rights, obligations, undertakings, existing
branch/regional offices[2]
and property of the Organization above shall devolve to the GGGI in accordance
with any necessary processes of that body.
3. The rules,
regulations, resolutions, procedures and practices of the Organization shall
apply to the GGGI until otherwise decided by the Assembly, the Council or the
Director-General as appropriate, and only to the extent that they are not
inconsistent with this Agreement or with any rules, regulations, resolutions,
procedures and practices adopted by the Assembly or the Council.
4. Until a sufficient
number of states and regional integration organizations become Party to this
Agreement, each number specified in the respective subparagraphs a through c of
Article 8.2 as a requirement for the number of the Council members may be
applied flexibly as decided by the Assembly.
Article
18. DEPOSITARY
The Director-General
of the Secretariat shall be the Depositary of this Agreement.
Article
19. SIGNATURE
This Agreement shall
be open for signature at Rio de Janeiro in Brazil as of 20 June 2012 and shall
remain open for signature for twelve months.
Article
20. RATIFICATION, ACCEPTANCE AND APPROVAL
1. This Agreement
shall be subject to ratification, acceptance or approval by the signatory
States and regional integration organizations.
2. Instruments of
ratification, acceptance or approval shall be deposited with the Depositary.
Article
21. ACCESSION
1. This Agreement
shall be open for accession by any state or regional integration organization which
has not signed the Agreement.
2. Instruments of
accession shall be deposited with the Depositary.
Article
22. ENTRY INTO FORCE
1. This Agreement
shall enter into force on the thirtieth day after the deposit of the third
instrument of ratification, acceptance, approval or accession.
2. For each state or
regional integration organization ratifying, accepting, approving or acceding
to this Agreement after the entry into force, this Agreement shall enter into
force on the thirtieth day after the deposit of the respective instrument.
Article
23. RESERVATIONS
No reservations shall
be made to the Agreement.
Article
24. AMENDMENTS
1. Any Party to this
Agreement may propose an amendment to this Agreement by submitting such a
proposal to the Director-General of the Secretariat. The Director-General shall
communicate a proposed amendment to all the Members of the GGGI at least ninety
days prior to its consideration by the Assembly.
2. An amendment to
this Agreement shall enter into force for those Parties having accepted it on
the ninetieth day after the deposit of an instrument of acceptance by at least
three-quarters of the Parties to this Agreement, unless otherwise specified in
such an amendment, after adoption by the Assembly, In addition, instruments of
acceptance shall be required from three-quarters of contributing members, as
welt as three-quarters of participating members, for entry-into-force.
Article
25. WITHDRAWALS
Any Party may withdraw
from this Agreement by written notification, of its intention to withdraw from
this Agreement. Such withdrawal shall take effect six months after the date of
receipt by the Director-GeneraJ of the Secretariat of the notification.
Article
26. INTERPRETATION
Any question of
interpretation of the provisions of this Agreement arising between any Member
and the GGGI or between any Members of the GGGI shall be submitted to the
President of the Assembly for decision by the Assembly. The Assembly shall make
every effort to reach a decision by consensus. If all efforts at consensus have
been exhausted, and no consensus reached, such decisions shall as a last resort
be adopted by three-quarters of members present and voting. In addition, the
adoption of such decisions shall require three-quarters of contributing members
present and voting, as well as three-quarters of participating members present
and voting. This Agreement, including the aforementioned decisions, shall be
interpreted in accordance with customary rules of interpretation of public
international law, including the Vienna Convention on the Law of Treaties
adopted in 1969.
Article
27. CONSULTATIONS
1. Any Members of the
GGGI may request in writing consultations with the Director-General of the GGGI
or with other Members concerning any matter on the implementation, application
or operation of this Agreement.
2. Parties to those
consultations shall make every effort to arrive at a mutually satisfactory
resolution of the matter.
3. The consultations
under this Article shall not be disclosed to any other party unless otherwise
agreed, and are without prejudice to the right of a Member to raise a matter in
the Assembly.
Article
28. TERMINATION
1. This Agreement may
only be terminated through a decision by consensus in the Assembly of all
Members.
2. Any decision taken
under paragraph 1 shall not take effect before twelve months have expired,
unless otherwise decided by the Assembly by consensus.
3. The termination of
this Agreement shall not affect the carrying out of any project or program
undertaken under this Agreement and not fully executed at the time of
termination of this Agreement, unless as otherwise agreed by the Assembly
consensus.
4. Upon termination,
the Assembly may agree, by consensus, to devolve the property and assets of the
GGGI to one or more international bodies that have the same, or substantially
the same, objectives of the GGGI as contained in Article 2. The property and
assets of the GGGI may otherwise be redistributed to the Members according to
any procedure agreed by the Assembly.
IN WITNESS WHEREOF the
undersigned representatives, being duly authorized thereto by their respective
governments, have signed this Agreement.
Done at Rio de
Janeiro, this twentieth day of June, two thousand and twelve, in the English
language.
For the
Commonwealth of Australia
For the Kingdom of
Cambodia
For the Republic of
Costa Rica
For the Kingdom of
Denmark
For the Federal
Democratic Republic of Ethiopia
For the Republic of
Guyana
For the Republic of
Kiribati
For the Kingdom of
Norway
For the Independent
State of Papua New Guinea
For the Republic of
Paraguay
For the State of
Qatar
For the Republic of Korea
For the United Arab
Emirates
For the United
Kingdom of Great Britain and Northern Ireland
For the Socialist
Republic of Viet Nam
For the Republic of
the Philippines
Date: 21 June 2012