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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:
21/2022/TB-LPQT
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Hà Nội, ngày 31
tháng 5 năm 2022
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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:
Hiệp định Tài trợ (Phát triển Đại học Việt Nam
cho Đại học Quốc gia Hà Nội, Đại học Quốc gia Thành phố Hồ Chí Minh và Đại học
Đà Nẵng) giữa nước Cộng hòa xã hội Chủ nghĩa Việt Nam và Hiệp hội phát triển Quốc
tế, số tài trợ 6723-VN, 6724-VN, 6725-VN, ký tại Hà Nội ngày 20
tháng 12 năm 2021, có hiệu lực từ ngày 19 tháng 4 năm 2022.
Bộ Ngoại giao trân trọng gửi bản sao hiệp định theo
quy định tại Điều 59 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 Lương Ngọc
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CREDIT NUMBER
6723-VN
CREDIT NUMBER
6725-VN
CREDIT NUMBER
6724-VN
FINANCING AGREEMENT
(Vietnam
University Development of VNU-Hanoi, VNU-HCM, and UD)
between
SOCIALIST REPUBLIC OF VIETNAM
and
INTERNATIONAL DEVELOPMENT ASSOCIATION
FINANCING AGREEMENT
AGREEMENT dated as of the Signature Date between
SOCIALIST REPUBLIC OF VIETNAM (“Recipient”) and INTERNATIONAL DEVELOPMENT
ASSOCIATION (“Association”). The Recipient and the Association hereby agree as
follows:
ARTICLE
I - GENERAL CONDITIONS; DEFINITIONS
1.01. The General Conditions (as defined in the
Appendix to this Agreement) apply to and form part of this Agreement.
1.02. Unless the context requires otherwise, the
capitalized terms used in this Agreement have the meanings ascribed to them in
the General Conditions or in the Appendix to this Agreement.
ARTICLE
II - CREDIT
2.01. The Association agrees to extend to the
Recipient a credit, which is deemed as Non-concessional Financing for purposes
of the General Conditions, in the amount of two hundred ninety-four million
eight hundred seventy thousand Dollars ($294.870,000), to assist in financing
the project described in Schedule 1 to this Agreement (“Project”), out of
which:
(a) the amount of ninety-eight million eight
hundred seventy thousand Dollars ($98,870,000), as such amount may be converted
from time to time through a Currency Conversion (“Portion A of the Credit
(VNU-Hanoi)”), to assist in financing VNU-Hanoi’s Respective Part of the
Project;
(b) the amount of ninety-eight million Dollars
($98,000,000) as such amount may be converted from time to time through a
Currency Conversion (“Portion B of the Credit (VNU-HCM)”), to assist in
financing VNU-HCM's Respective Part of the Project; and
(c) the amount of ninety-eight million Dollars
($98.000,000) as such amount may be converted from time to time through a
Currency Conversion (“Portion C of the Credit (UD)”), to assist in financing
UD’s Respective Part of the Project.
2.02. The Recipient may withdraw the proceeds of
the Credit in accordance with Section III of Schedule 2 to this Agreement.
2.03. The Front-end Fee is one quarter of one
percent (¼ of 1%) of the Credit amount.
2.04. The Commitment Charge is one-quarter of one
percent (¼ of 1%) per annum on the Unwithdrawn Credit Balance.
2.05. The Interest Charge is the Reference Rate
plus the Variable Spread or such rate as may apply following a Conversion;
subject to Section 3.09(e) of the General Conditions.
2.06. The Payment Dates are June 15 and December 15
in each year.
2.07. The principal amount of the Credit shall be
repaid in accordance with Schedule 3 to this Agreement.
ARTICLE
III - PROJECT
3.01. The Recipient declares its commitment to the
objective of the Project. To this end, the Recipient shall: (a) cause Part 1 of
the Project to be carried out by VNU-Hanoi; (b) Part 2 of the Project to be
carried out by VNU-HCM; and (c) through MOET, cause Part 3 of the Project to be
carried out by UD; all in accordance with the provisions of Article V of the
General Conditions and Schedule 2 to this Agreement.
ARTICLE
IV - EFFECTIVENESS; TERMINATION
4.01. The Effectiveness Deadline is the date one
hundred twenty (120) days after the Signature Date.
ARTICLE
V - REPRESENTATIVE; ADDRESSES
5.01. The Recipient’s Representative is the
Minister, or Vice Minister, of the Ministry of Finance.
5.02. For purposes of Section 11.01 of the General
Conditions: (a) the Recipient’s address is:
(a) the Recipient's address is:
Ministry of Finance
28 Tran Hung Dao
Hanoi, Vietnam; and
(b) the Recipient’s Electronic Address is:
Facsimile:
(84-24) 2220 8020
5.03. For purposes of Section 11.01 of the General
Conditions:
(a) the Association’s address is:
International Development Association
1818 H Street, N.W.
Washington, D.C. 20433
United States of America; and
(b) the Association’s Electronic Address is:
Facsimile:
1-202-477-6391
AGREED as of the Signature Date.
SOCIALIST REPUBLIC
OF VIETNAM
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By
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Authorized Representative
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Name: Hồ Đức Phớc
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Title: Minister of Finance
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Date: 20th December 2021
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INTERNATIONAL
DEVELOPMENT ASSOCIATION
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By
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Authorized
Representative
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Name: Carolyn Turk
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Title: Country Director for Viet Nam
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Date: December 17, 2021
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SCHEDULE
1
Project Description
The objective of the Project is to improve the
quality of teaching and research at three targeted national universities.
The Project consists of the following parts:
Part 1: Vietnam National University Development
- VNU-Hanoi
1.1 Improved Quality of Teaching and Learning:
(a) Construction of teaching and learning infrastructure and associated
facilities for selected universities, departments or centers; (b) provision of
equipment and appliances for selected universities/centers; and (c)
institutional and faculty capacity building related to e-learning, innovative
pedagogical methods, program accreditation, university-industry partnerships,
and international collaboration.
1.2 Research Excellence and Knowledge Transfer:
(a) Construction of modern inter-disciplinary research infrastructure and
associated facilities for selected universities/institutes/centers; (b)
provision of cutting-edge equipment and high-end technology for research
infrastructure: and (c) capacity building for the establishment of
interdisciplinary research groups in priority research fields and development
of partnerships on research and technology transfer.
1.3 Governance and Project Management: (a)
Improving university's internal governance by: (i) formulating development
strategies and implementation action plans; and (ii) supporting the
implementation of plans on autonomy and accountability, financial
sustainability, human resources management, organizational structure, and
information communication technology and data systems; and (b) supporting
Project management, including: (i) development of campus design, construction
supervision and audits; and (ii) procurement, financial management,
environmental and social impact management and monitoring, reporting and
evaluation.
Part 2: Vietnam National University
Development-VNU-HCM
2.1 Improved Quality of Teaching and Learning:
(a) Construction of teaching and learning infrastructure and associated
facilities for selected universities, departments or centers; (b) provision of
equipment and appliances for selected universities/centers; (c) upgrading
digital technology infrastructure; and (d) institutional and faculty capacity
building related to e-learning, innovative pedagogical methods, program
accreditation, university-industry partnerships, and international
collaboration.
2.2 Research Excellence and Knowledge Transfer:
(a) Construction of modem inter-disciplinary research infrastructure and associated
facilities for selected universities/institutes/centers; (b) provision of
cutting-edge equipment and high-end technology for research infrastructure: and
(c) capacity building for the establishment of interdisciplinary research
groups in priority research fields and development of partnerships on research
and technology transfer.
2.3 Governance and Project Management: (a)
improving university’s internal governance by: (i) formulating development
strategies and implementation action plans; and (ii) supporting the
implementation of plans on autonomy and accountability, financial
sustainability, human resources management organizational structure, and
information communication technology and data systems; and (b) supporting
Project management, including: (i) development of campus design, construction
supervision and audits; and (ii) procurement, financial management,
environmental and social impact management and monitoring, reporting and
evaluation.
Part 3: Development of Technical Infrastructure
and Essential Facilities - UD
3.1. Improved Quality of Teaching and Learning:
(a) Construction of teaching and learning Infrastructure and associated
facilities for selected universities, departments or centers; (b) provision of
equipment and appliances for selected universities/centers; and (c)
institutional and faculty capacity building related to e-learning, innovative
pedagogical methods, program accreditation, university-industry partnerships,
and international collaboration,
3.2. Research Excellence and Knowledge Transfer:
(a) Construction of modem inter-disciplinary research infrastructure and
associated facilities for selected universities/institutes/centers; (b)
provision of cutting-edge equipment and high-end technology for research
infrastructure; and (c) capacity building for the establishment of
interdisciplinary research groups in priority research fields and development
of partnerships on research and technology transfer.
3.3. Governance and Project Management: (a)
Improving university’s internal governance by: (i) formulating development
strategies and implementation action plans; and (ii) supporting the
implementation of plans on autonomy and accountability, financial
sustainability, human resources management, organizational structure, and
information communication technology and data systems: and (b) supporting
Project management, including: (i) development of campus design, construction
supervision and audits; and (ii) procurement, financial management,
environmental and social impact management and monitoring, reporting and
evaluation.
SCHEDULE
2
Project Execution
Section I. Implementation
Arrangements
A. Institutional Arrangements
1. The Recipient shall cause the Targeted
Universities to, throughout the period of implementation of the Project,
maintain, and cause to be maintained, a Project Management Unit, with
composition, powers, functions, staffing, facilities and other resources
acceptable to the Association, responsible for: (a) planning and managing the
implementation of the Project, including environmental and social impact
management, financial management and procurement; (b) ensuring coordination
among all relevant departments and agencies; and (c) monitoring and reporting.
2. The Recipient, through MOET, shall support UD in
the overall planning and management of UD’s Respective Part of the Project, in
a manner that will be specified in the Project Operations Manual.
B. Subsidiary Agreements
1. To facilitate the carrying out of the Project,
the Recipient shall make the proceeds of the Credit available to the Targeted
Universities, a portion of which will be made available under a subsidiary
agreement between the Recipient and the respective Targeted University under
the same terms and conditions as shall have been received from the Association
and in accordance with the provisions of this Agreement and the Recipient’s
on-lending policies and regulations (“Subsidiary Agreement”).
2. Notwithstanding paragraph 1 above, in the event
that any of the provisions of this Agreement were inconsistent with the
on-lending policies and regulations of the Recipient as reflected in the
Subsidiary Agreement, the provisions of this Agreement shall govern.
3. The Recipient shall exercise its rights under
each Subsidiary Agreement in such manner as to protect the interests of the
Recipient and the Association and to accomplish the purposes of the Financing.
C. Annual Work Plans and Project Operations
Manual
1. The Recipient shall cause the Targeted
Universities to: (a) prepare and furnish to the Association by October 31 in
each year during the implementation of the Project, a draft Annual Work Plan
for review and comment, summarizing the implementation progress of the Project
for the said year and the Project activities to be undertaken in the following
calendar year, including the proposed annual budget for the Project; (b) taking
into account the Association's comments, finalize and furnish to the
Association no later than December 31 in each year, during the implementation
of the Project, the Annual Work Plan, acceptable to the Association; and (c)
thereafter ensure the implementation of the Project during the following
calendar year in accordance with the Annual Work Plan agreed with the
Association and in a manner acceptable to the Association. The Recipient shall
not amend, suspend, abrogate, or waive said Annual Work Plans or any provision
thereof without the prior written agreement of the Association.
2. Throughout the implementation of the Project,
the Recipient shall cause the Targeted Universities to carry out the Project in
accordance with the Project Operations Manual in a timely and efficient manner
acceptable to the Association. The Recipient shall cause the Targeted
Universities to not amend, suspend, or waive said Project Operations Manual or
any provision or schedule thereof, without the prior written agreement of the
Association. In the event of any inconsistency between the provisions of the
Project Operations Manual and those of this Agreement, the provisions of this Agreement
shall prevail.
D. Safeguards
1. The Recipient shall, and shall cause the
Targeted Universities to, carry out the Project in accordance with the
Safeguards Instruments in a manner and substance satisfactory to the
Association.
2. The Recipient, through MOET, shall, and shall
cause UD to:
(a) take all necessary actions to avoid or minimize
to the extent possible any involuntary relocation of persons, or their loss of
shelter, assets, or access to assets, or loss of income sources or means of
livelihood, temporarily or permanently; and
(b) where the acquisition of land or assets or the
displacement of people is unavoidable, before initiating the implementation of
any works which would result in such acquisition or displacement, make
available to such people compensation and, as applicable, relocate and
rehabilitate the Displaced Persons in accordance with the Resettlement Action
Plan (“RAP”), and in a manner satisfactory to the Association.
3. The Recipient shall, and shall cause the
Targeted Universities to, ensure that all land acquisition required for the
purposes of carrying out works under the Project are financed exclusively out
of its own resources, and shall provide, promptly as needed, the resources
needed for the purposes of implementing the Safeguards Instruments, including:
(a) all land acquisition required for the purposes of carrying out the Project;
(b) resettlement and rehabilitation payments to Displaced Persons; and (c) all
other costs associated with environmental and/or social mitigation measures set
forth in the Safeguard Instruments.
4. The Recipient shall cause the Targeted
Universities to ensure that all bidding documents and contracts for civil works
under the Project include the obligation of contractors, and subcontractors and
supervising entities to: (a) comply with the relevant aspects of Safeguard
Instruments; (b) adopt and implement measures to assess and manage the risks
and impacts of labor influx and workers' camps; and (c) adopt and enforce codes
of conduct that should be provided to and signed by all workers, detailing
measures on environmental, social, health and safety, gender-based violence and
violence against children; all as applicable to such civil works commissioned
or earned out pursuant to said contracts.
5. The Recipient shall cause the Targeted
Universities to ensure, that all terms of reference for any technical
assistance or studies carried out under the Project are consistent with, and
pay due attention to, the Association’s Safeguards Policies.
6. The Recipient shall cause the Targeted
Universities to:
(a) not amend, revise or waive, nor allow to be
amended, revised or waived, the provisions of the Safeguard Instruments or any
provision of any one thereof, without the prior written agreement of the
Association; and
(b) maintain policies and procedures adequate to
enable it to monitor and evaluate, in accordance with guidelines acceptable to
the Association, the implementation of the Safeguard Instruments.
7. In case of any inconsistency between the
provisions of any of the Safeguard Instruments and this Agreement, the
provisions of this Agreement shall prevail.
8. Without limitation to the provisions of
paragraph 1 of Section II of this Schedule 2, the Recipient shall cause the
Targeted Universities to take all measures necessary on its part to regularly
collect, compile, and furnish to the Association, as part of the Project
Reports, and promptly in a separate report whenever the circumstances warrant,
information on the status of compliance with the Safeguards Instruments, giving
details of:
(a) measures taken in furtherance of the Safeguards
Instruments;
(b) conditions, if any, which interfere or threaten
to interfere with the smooth implementation of the Safeguards Instruments; and
(c) remedial measures taken or required to be taken
to address such conditions.
Section II. Project
Monitoring, Reporting and Evaluation
1. The Recipient shall cause the Targeted
Universities to furnish to the Association each Project Report not later than
forty-five (45) days after the end of each calendar semester, covering the
calendar semester.
2. The Recipient shall cause the Targeted
Universities to carry out jointly with the Association, not later than
thirty-six (36) months after the Effective Date, or such other period as may be
agreed by the Association, a midterm review to assess the status of Project
implementation, as measures against the performance indicators set forth in the
Project Operations Manual. Such review shall include an assessment of: (i) the
progress in implementation; (ii) the results of monitoring and evaluation
activities; (iii) the progress on procurement and disbursement; (iv) compliance
with safeguard requirements; (v) adequacy of implementation arrangements; and
(vi) the need to make any adjustments to the Project to improve performance.
Section III. Withdrawal of
the Proceeds of the Credit
A. General
Without limitation upon the provisions of Article
II of the General Conditions and in accordance with the Disbursement and Financial
Information Letter, the Recipient may withdraw the proceeds of the Credit to
finance Eligible Expenditures; in the amount allocated and, if applicable, up
to the percentage set forth against each Category in the following table:
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Category
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Amount of Portion
A of the Credit (VNU-Hanoi) Allocated (expressed in USD)
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Amount of
Portion B of the Credit (VNU-HCM) Allocated (expressed in USD)
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Amount of
Portion C of the Credit (UD) Allocated (expressed in USD)
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Percentage of
Expenditures to be Financed (exclusive of Taxes)
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(1) Goods, works and consulting services for
Parts 1.1 (a)-(b), 1.2 (a)-(b) and 1.3 (b)(i) of the Project with respect to
VNU-Hanoi
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98,870.000
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0
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0
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100%
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(2) Goods, works, and consulting services for Parts
2.1 (a)-(c), 2.2 (a)-(c) and 2.3 (b)(i) of the Project with respect to
UVNU-HCM
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0
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98,000,000
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0
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100%
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(3) Goods, works, and consulting services for
Parts 3.1 (a)-(b), 3.2 (a)-(b) and 3.3 (b)(i) of the Project with respect to
UD
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0
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0
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98,000,000
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100%
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TOTAL AMOUNT
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98,870,000
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98,000,000
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98,000,000
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B. Withdrawal Conditions; Withdrawal Period
1. Notwithstanding the provisions of Part A above,
no withdrawal shall be made:
(a) for payments made prior to the Signature Date;
or
(b) under each of Categories (1) through (3) unless
the respective Targeted University has furnished to the Association evidence
acceptable to the Association that: (a) a Subsidiary Agreement has been duly
executed by the Recipient and the respective Targeted University; and (b) the Project
Operations Manual has been duly prepared and adopted.
2. The Closing Date with respect to: (a) Portion A
of the Credit (VNU-Hanoi); (b) Portion B of the Credit (VNU-HCM); and (c)
Portion C of the Credit (UD) is December 31, 2025.
SCHEDULE
3
Commitment-Linked Amortization Repayment Schedule
The following table sets forth the Principal
Payment Dates of the Credit and the percentage of the total principal amount of
the Credit payable on each Principal Payment Date (“Installment Share”).
Level Principal
Repayments
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Principal
Payment Date
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Installment
Share
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On each June 15 and December 15
Beginning December
15, 2027 through December 15, 2041
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3.33%
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On June 15. 2042
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3.43%
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APPENDIX
Section I. Definitions
1. “Annual Work Plans” means each of the plans for
the Project to be prepared or updated by each of the Targeted Universities,
acceptable to the Association, on an annual basis as provided for in Section
I.C.1 of Schedule 2 to this Agreement.
2. “Anti-Corruption Guidelines” means, for purposes
of paragraph 5 of the Appendix to the General Conditions, the “Guidelines on
Preventing and Combating
Fraud and Corruption in Projects Financed by IBRD
Loans and IDA Credits and Grants”, dated October 15, 2006 and revised in
January 2011 and as of July 1, 2016.
3. “Association’s Safeguards Policies” means the
operational policies and procedures for financing of development projects by
the Association at the date of this Agreement and relating to Environmental
Assessment. Natural Habitats, Pest Management, Indigenous Peoples (Ethnic
Minorities), Physical Cultural Resources, Involuntary Resettlement, Forests,
Safety of Dams, Projects on International Waterwavs, and Projects in Disputed
Areas, as published under https://policies.worldbank.org.
4. “Category” means a category set forth in the
table in Section III.A of Schedule 2 to this Agreement.
5. “Danang City’s People’s Committee” means the
people's committee of the city of Danang.
6. “Displaced Persons” means persons who, on
account of implementation of the Project, have experienced or would experience
direct economic and social impacts caused by: (a) the involuntary taking of
land, resulting in: (i) relocation or loss of shelter; (ii) loss of assets or
access to assets; or (iii) loss of income sources
or means of livelihood, whether or not such persons
must move to another location; or (b) the involuntary restriction of access to
legally designated parks and protected areas, resulting in adverse impacts on
the livelihood of such person.
7. “Environmental and Social Management Plan”
means, collectively, the Targeted Universities’ environmental and social
management plans acceptable to the Association, dated Jane 2, 2020, which set
forth the specific actions, measures and policies designed to maximize the
benefit of the respective activities under the Project, protect natural
habitats, as well as eliminate, offset or mitigate any adverse environmental
and social impacts, or reduce such impacts to acceptable levels, along with
administrative and monitoring arrangements to ensure the implementation of said
actions, measures and policies, as said plan may be revised from time to time
with the prior written agreement of the Association, and such term includes any
annexes or schedules to such plan.
8. “General Conditions” means the “International
Development Association General Conditions for IDA Financing, Investment
Project Financing”, dated December 14, 2018, with the modifications set forth
in Section II of this Appendix.
9. “MOET” means the Recipient’s Ministry of
Education and Training, or any successor thereto.
10. “Portion A of the Credit (VNU-Hanoi)” means the
portion of the Credit referred to in Section 2.01(a) of this Agreement.
11. “Portion B of the Credit (VNU-HCM)” means the
portion of the Credit referred to in Section 2.01(b) of this Agreement.
12. “Portion C of the Credit (UD)” means the
portion of the Credit referred to in Section 2.01(c) of this Agreement.
13. “Procurement Regulations” means, for purposes
of paragraph 87 of the Appendix to the General Conditions, the “World Bank
Procurement Regulations for IPF Borrowers”, dated July 2016, revised November
2017 and August 2018.
14. “Project Operations Manual” means,
collectively, the manuals, acceptable to the Association, to be duly prepared
and approved by each of the Targeted Universities (and in the case of UD also
by MOET), which set forth detailed arrangements and procedures for: (a)
institutional coordination and day-to-day execution of the Project; (b)
disbursement and financial management; (c) procurement; (d) environmental and
social safeguards management; (e) monitoring and evaluation, reporting and
communication; (f) an integrity action plan; (g) performance indicators; and
(h) such other administrative, financial, technical and organizational
arrangements and procedures as shall be required for the Project; as the same
may be amended from time to time with the prior written agreement of the
Association, and such term includes any annexes or schedules or amendments to
such manual.
15. “Project Management Unit” means each unit to be
maintained by each Targeted University in accordance with the provisions of
Section I.A.1 of Schedule 2 to this Agreement.
16. “Resettlement Action Plan” or “RAP” means UD's
resettlement plan, dated June 2, 2020, acceptable to the Association upon its
adoption by Danang City's People's Committee, which set forth principles and
procedures governing the acquisition of land and related assets, and the
compensation, resettlement, and rehabilitation of Displaced Persons, grievance
redress mechanisms, monitoring and evaluations of resettlement activities,
budget and implementation arrangements, including capacity building through
training, to carry out the acquisition of land and related assets under the
Project, as said plans may be revised from time to time with the prior written
agreement of the Association, and such term includes any annexes or schedules
to such plan.
17. “Respective Part of the Project” means: (a)
with respect to VNU-Hanoi, Part 1 of the Project (also referred to by the
Recipient as “Vietnam National University Hanoi sub-project”); (b) with respect
to VNU-HCM, Part 2 of the Project (also referred to by the Recipient as
“Vietnam National University HCM sub-project”); and (c) with respect to UD,
Part 3 of the Project (also referred to by the Recipient as “Construction of
Technical Infrastructure and Essential Facility for UD in Hoa Quy-Dien Ngoc”).
18. “Safeguards Instruments” means, collectively,
the Environmental and Social Management Plan and the Resettlement Action Plan.
19. “Signature Date” means the later of the two
dates on which the Recipient and the Association signed this Agreement and such
definition applies to all references to “the date of the Financing Agreement”
in the General Conditions.
20. “Targeted Universities” means, collectively,
the University of Da Nang, the Vietnam National University - Hanoi and the
Vietnam National University - Ho Chi Minh City; and the “Project Implementing
Entities” for purposes of the General Conditions; and “Targeted University”
means any of said Targeted Universities.
21. “University of Da Nang” or the acronym “UD”
means the university established pursuant to Decree Number 32/CP, dated April
4, 1994, issued by the Recipient’s Government, as amended thereof, or any
successor thereto.
22. “Vietnam National University - Hanoi” or the
acronym “VNU-Hanoi” means the university established pursuant to Decree Number
97/CP, dated December 10, 1993 issued by the Recipient's Government, as amended
thereof, or any successor thereto.
23. “Vietnam National University - Ho Chi Minh
City” or the acronym “VNU-HCM” means the university established pursuant to
Decree Number 16/CP, dated January 27, 1995, issued by the Recipient's
Government, as amended thereof, or any successor thereto.
Section II. Modifications
to the General Conditions
The General Conditions are hereby modified as
follows:
1. Notwithstanding the definition of “Legal
Agreement” in paragraph 73 of the Appendix of the General Conditions, wherever
used throughout Article X (Effectiveness; Termination) of the General
Conditions, the term “Legal Agreement” is to be understood as meaning the
Financing Agreement or the Project Agreement, and the term “Legal Agreements”
as meaning collectively, all of such agreements.