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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: 02/2017/TB-LPQT
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Hà Nội, ngày 24 tháng 02 năm 2017
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Điều 56 của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân
trọng thông báo:
Công hàm trao đổi về
khoản ODA vốn vay cho Chương trình hỗ trợ ứng phó với biến đổi khí hậu chu kỳ 7
tài khóa 2016 giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính
phủ Nhật Bản, ký tại Hà Nội ngày 16 tháng
01 năm 2017, có hiệu lực từ ngày 16 tháng 01 năm 2017.
Bộ Ngoại giao trân trọng
gửi bản sao Công hàm theo quy định tại Điều 59 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
Q. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
Lê Thị Tuyết Mai
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EMBASSY OF JAPAN
HA NOI
Hanoi, January 16, 2017
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 ten billion yen
(¥10,000,000,000) (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 (VII)
(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. Nguyen Chi Dung
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 be 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 extend to Your
Excellency the assurance of my highest consideration.
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Kunio Umeda
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 the Socialist Republic of Viet Nam and the Government of
Japan dated January 16, 2017, concerning a Japanese loan up to the amount of
ten billion yen 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. 3
dated January 16, 2017 and Vietnamese Note Verbale No. 370/BKHDT-KTDN dated
January 16, 2017, 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 since January 1, 2014.
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/or 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.
Hanoi, January 16, 2017
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Nguyen Chi Dung
Minister of Planning and Investment of the Socialist Republic of Viet Nam
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Kunio Umeda
Ambassador Extraordinary and Plenipotentiary of Japan to the Socialist
Republic of Viet Nam
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