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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:
38/2020/TB-LPQT
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Hà Nội, ngày 25
tháng 5 năm 2020
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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 vay (Dự án Đầu tư xây dựng và phát triển
hệ thống cung ứng dịch vụ y tuyến cơ sở) giữa nước Cộng hòa xã hội chủ nghĩa Việt
Nam và Hiệp hội Phát triển Quốc tế (Ngân hàng Thế giới), số khoản vay 6439-VN,
ký tại Hà Nội ngày 18 tháng 02 năm 2020, có hiệu lực từ ngày 18 tháng 5 năm
2020.
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 Văn Ngự
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CREDIT NUMBER
6439-VN
FINANCING
AGREEMENT
(Investing and
Innovating for Grassroots Health Service Delivery Project)
between
SOCIALIST
REPUBLIC OF VIETNAM
and
INTERNATIONAL
DEVELOPMENT ASSOCIATION
CREDIT
NUMBER 6439-VN
FINANCING AGREEMENT
AGREEMENT dated as of the Signature Date between
SOCIALIST REPUBLIC OF VIETNAM (“Recipient”) and INTERNATIONAL DEVELOPMENT
ASSOCIATION (“Association”).
WHEREAS (A) the Recipient, having satisfied itself
as to the feasibility and priority of the Project described in Schedule 1 to
this Agreement (“Project”), has requested the Association to extend a credit as
provided in Section 2.01 of this Agreement, to assist in the financing of the
Project;
(B) the Recipient has also requested the
International Bank for Reconstruction and Development and the International
Development Association (“World Bank”), acting as administrator of: (i) the
Integrating Donor-Financed Health Programs Multi-Donor Trust Fund; and (ii) the
Tackling of Non-Communicable Diseases Challenges in Low and Middle Income
Countries Multi-donor Trust Fund, to assist in the financing of Parts 2.2, 2.3
and 3 of the Project and the World Bank, acting in such capacities, has agreed
to make available certain grants to the Recipient from the said trust funds to
assist in the financing of said parts of the Project, pursuant to the grant
agreement of even date herewith between the Recipient and the World Bank
(“Grant Agreement”);
(C) the Recipient has also requested the World
Bank, acting as administrator of the Multi-donor Trust Fund for the Global
Financing Facility (“GFF”) in Support of Every Woman Every Child, to buy down a
portion of the credit provided for in Section 2.01 of this Agreement, and the
World Bank, acting in such capacity, has agreed to make available a grant to
the Recipient from the said trust fund for this purpose, pursuant to the Grant
Agreement; and
WHEREAS the Association has agreed, on the basis, inter
alia, of the foregoing, to extend a credit to the Recipient upon the terms
and conditions set forth in this Agreement.
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 Section I of 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 eighty million Dollars
($80,000,000), as such amount may be converted from time to time through a
Currency Conversion (“Credit”), to assist in financing 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 Fixed 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 May 1 and November 1 in
each year.
2.07. The principal amount of the Credit shall be
repaid in accordance with Schedule 3 to this Agreement.
2.08. The Association shall apply the funds
provided for by the World Bank, acting as administrator of the GFF, under the
Grant Agreement on behalf of the Recipient for the purpose of paying the
Interest Charge and any principal amount of the Credit falling due and accruing
under this Agreement until December 31, 2026 (or such other date as the World
Bank, acting as administrator of the GFF shall establish by notice to the
Recipient). For avoidance of doubt, the Recipient shall not have any payment
obligation with regard to the amounts paid for to the Association under the
Grant Agreement on account of the Interest Charge and/or any principal amount
of the Credit falling due and accruing under this Agreement; it being
understood however that, notwithstanding the foregoing, the Recipient shall
remain liable for any such amount falling due and accruing under this
Agreement, in the event that the funds provided by the World Bank, acting as
administrator of the GFF, under the Grant Agreement are not sufficient to cover
any of the respective Recipient’s payment obligations under this Agreement.
ARTICLE
III - PROJECT
3.01. The Recipient declares its commitment to the
objective of the Project. To this end, the Recipient shall carry out the Project,
through its Ministry of Health (“MOH”) and the Project Provinces, in accordance
with the provisions of Article V of the General Conditions.
ARTICLE
IV - EFFECTIVENESS; TERMINATION
4.01. The Additional Conditions of Effectiveness
consist of the following:
(a) the Project Operations Manual has been duly
adopted by MOH; and
(b) the Grant Agreement has been executed and
delivered and all conditions precedent to its effectiveness or to the right of
the Recipient to make withdrawals under it (other than the effectiveness of
this Agreement) have been fulfilled.
4.02. The Effectiveness Deadline is the date ninety
(90) days after the Signature Date.
4.03. For purposes of Section 10.05 (b) of the
General Conditions, the date on which the obligations of the Recipient under
this Agreement (other than those providing for payment obligations) shall
terminate is twenty (20) years after the Signature Date.
ARTICLE
V - REPRESENTATIVE; ADDRESSES
5.01. The Recipient’s Representative is the
Minister, or a 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:
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
By Authorized Representative
Name: Tran Xuan Ha
Title: Vice Minister
Date: 18 February 2020
INTERNATIONAL DEVELOPMENT ASSOCIATION
By Authorized Representative
Name: Ousmans Dione
Title: Country Director
Date: 01/31/2020
SCHEDULE
1
Project Description
The objective of the Project is to improve the
quality and utilization of grassroots health services, with a focus on the
commune level, in the Project Provinces.
The Project consists of the following parts:
Part 1: Upgrading of CHS
Infrastructure
Supporting the construction, renovation or
expansion of selected CHS and DHC/DH.
Part 2: Improving the Readiness
of CHS to Manage Tracer Conditions
2.1 Providing selected equipment for the management
of tracer conditions or other health-related needs at selected CHS and DHC/DH.
2.2 Improving the competencies of primary
healthcare teams at CHS and DHC/DH to provide integrated preventive and
curative services and better manage tracer conditions by supporting, inter
alia: (a) the development of training curricula and e-learning modules; (b)
the training of trainers and training of primary healthcare teams; and (c) the
provision of on-the-job supervision of primary healthcare teams’ performance.
2.3 Supporting the implementation of quality
scorecards at CHS and DHC/DH to monitor and improve the quality of healthcare.
Part 3: Creating an Enabling
Policy Environment, Piloting Innovations, Evaluation and Project Management
3.1 Providing technical and analytical support for
the development and evaluation of selected policies, regulations and guidelines
related to the management of the tracer conditions, as well as financing and
service delivery issues related to the grassroots health system.
3.2 Supporting the design, implementation and
evaluation of selected pilot activities at the grassroot level related to, inter
alia, health promotion, clinical quality of care, patient care-seeking
behaviors and treatment compliance, organization of service delivery, and
CHS-level health financing mechanisms.
3.3 Supporting Project management, evaluation and
coordination at the central and provincial level.
SCHEDULE
2
Project Execution
Section I. Implementation
Arrangements
A. Institutional Arrangements
1. The Recipient, through MOH, shall, throughout
the period of implementation of the Project, maintain, and cause to be
maintained, a Central Project Management Unit (“CPMU”), with composition,
powers, functions, staffing, facilities and other resources acceptable to the
Association, responsible for the overall and day-to-day implementation,
coordination, reporting, environmental and social safeguards, financial
management, procurement and monitoring and evaluation of the activities under
Parts 2.2, 2.3 and 3 of the Project, and for coordination with the PPMUs for
the implementation of the Project activities within the Project Provinces,
including environmental and social safeguards management, financial management
and procurement.
2. The Recipient, through each Project Province,
throughout the period of implementation of the Project, shall maintain a
Provincial Project Management Unit (“PPMU”) with functions, composition,
staffing and resources acceptable to the Association, to be responsible for:
(a) the day-to-day implementation of the activities under Parts 1 and 2.1 of
the Project within the respective Project Province, including environmental and
social safeguards management, financial management and procurement; and (b)
coordination with the CPMU for the implementation of the Project activities
within the respective Project Province.
B. Subsidiary Agreement
1. To facilitate the carrying out of the Project
within the Project Provinces, the Recipient shall make the proceeds of the
Credit available to the Project Provinces under a subsidiary agreement between
the Recipient represented by its Minister of Finance (“MOF”) and the respective
Project Province, under terms and conditions acceptable the Association
(“Subsidiary Agreement”). The Recipient shall exercise its lights under the
Subsidiary Agreement in such manner as to protect the interests of the
Recipient and the Association and to accomplish the purposes of the Credit.
C. Annual Work Plans,
Project Operations Manual
1. The Recipient, through MOH and the Project
Provinces, shall: (a) prepare and furnish to the Association by October 1 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 1 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, through MOH and the Project Provinces, shall carry out the
Project in accordance with the Project Operations Manual in a timely and
efficient manner acceptable to the Association. The Recipient, through MOH and
the Project Provinces, shall 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, through MOH and the Project
Provinces, shall carry out the Project in accordance with the Safeguards
Instruments in a manner and substance acceptable to the Association.
2. The Recipient, through MOH and the Project
Provinces, shall, whenever required in terms of the ESMF OT the EMPF, proceed
to have ESMPs, ECOPs or EMDPs: (i) prepared in form and substance acceptable to
the Association; (ii) except as otherwise agreed with the Association,
furnished to the Association for review and approval; (iii) thereafter, adopted
and publicly disclosed; and (iv) thereafter, to implement, or cause to be
implemented, such plans in accordance with their terms and in a manner
acceptable to the Association.
3. The Recipient, through MOH and the Project
Provinces, shall 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 carried out pursuant to said contracts.
4. The Recipient, through the MOH and the Project
Provinces, shall 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.
5. The Recipient, through the MOH and the Project
Provinces, shall:
(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.
6. In case of any inconsistency between the
provisions of any of the Safeguard Instruments and this Agreement, the
provisions of this Agreement shall prevail.
7. Without limitation to the provisions of
paragraph 1 of Section II of this Schedule 2, the Recipient, through MOH and the
Project Provinces, shall 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, through MOH and the Project
Provinces, shall 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, through MOH and the Project
Provinces, shall carry out jointly with the Association, not later than thirty
(30) 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 the Credit Allocated (expressed in USD)
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Percentage of Expenditures to be Financed (exclusive of
Taxes)
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(1) Goods and works for
Parts 1 and 2.1 of the Project
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80,000,000
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100%
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TOTAL AMOUNT
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80,000,000
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B.
Withdrawal Conditions; Withdrawal Period
1. Notwithstanding the provisions of Part A above,
no withdrawal shall be made for payments made prior to the Signature Date.
2. The Closing Date is December 31, 2024.
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 May 1 and
November 1
Beginning November 1,
2024 through November 1, 2038
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3.33%
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On May 1, 2039
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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 the Recipient, through MOH and each of the
Project Provinces, 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, Involuntaiy Resettlement, Forests,
Safety of Dams, Projects on International Waterways, 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. “Central Project Management Unit” or “CPMU”
means the unit established and maintained within MOH and referred to in Section
I.A.1 of Schedule 2 to this Agreement; or any successor thereto.
6. “CHS” means commune health stations.
7. “DHC/DH” means district health
centers/hospitals.
8. “Ethnic Minorities Development Plans” or “EMDPs”
means the ethnic minority development plans acceptable to the Association, to
be prepared and adopted in accordance with the EMDF; as referred to in Section
I.D of Schedule 2 to this Agreement; which set forth the measures to be
undertaken to ensure culturally appropriate social and economic benefits for
the ethnic minorities affected by Project activities, and to avoid, minimize,
mitigate and/or compensate for any potential adverse effects on the ethnic
minorities associated with such activities; as said plan may be 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.
9. “Ethnic Minority Planning Framework” or “EMPF”
means the Recipient’s ethic minority planning framework, acceptable to the
Association, dated November 2018, which sets forth the policies and procedures
to ensure that ethnic minority communities affected by the Project receive
culturally appropriate social and economic benefits, and if any potential
adverse effects on such communities are identified, measures to ensure their
effects are avoided, minimized, mitigated, or compensated, as well as the
preparation of EMDPs during the implementation of the Project, as said
framework 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
framework.
10. “Environmental Codes or Practices” or “ECOPs”
means, the codes to be prepared in accordance with the ESMF; all setting out
measures and procedures to avoid, minimize and/or mitigate any adverse environmental,
social, health and safety impacts that may result from the implementation of
the Project.
11. “Environmental and Social Management Plans” or
“ESMPs” means the environmental and social plans acceptable to the Association,
to be prepared and approved in accordance with the ESMF, as referred in Section
l.D of Schedule 2 to this Agreement; which set forth the specific actions,
measures and policies designed to maximize the benefit of the respective
activities under the Project, 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 ESMPs 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.
12. “Environmental and Social Management Framework”
or “ESMF” means the Recipient's environmental and social management framework
for the Project, acceptable to the Association, dated February 2019, which sets
out the policies and procedures for the assessment of environmental and social
impacts of, and for the preparation of ESMPs/ECOPs, as may be required for, Project
activities, and grievance redress procedures, as said framework may be revised
from time to time with the prior written agreement of the Association; and such
term includes all schedules and annexes supplemental to said framework.
13. “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.
14. “GFF” means Multi-donor Trust Fund for the
Global Financing Facility in Support of Every Woman Every Child.
15. “Grant Agreement” means the grant agreement of
even date herewith between the Recipient and the World Bank, acting as
administrator of: (a) (i) the Integrating Donor-Financed Health Programs
Multi-donor Trust Fund; and (ii) the Tackling of Non-Communicable Diseases
Challenges in Low and Middle Income Countries Multi-donor Trust Fund, to assist
in the financing of Parts 2.2, 2.3 and 3 of the Project; and (b) the GFF to buy
down a portion of the Credit.
16. “Ministry of Health” or “MOH” means the
Recipient’s Ministry of Health, or any successor thereto.
17. “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.
18. “Project Operations Manual” means the manual,
acceptable to the Association, to be approved by MOH, which sets 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.
19. “Project Provinces” means the Recipient’s
provinces of Ha Giang, Bac Kan, Son La, Yen Bai, Hoa Binh, Quang Binh, Quang
Tri, Quang Ngai, Ninh Thuan, Tra Vinh, Hau Giang, Bac Lieu and Long An, and
such other province or provinces, as may be agreed between the Recipient and
the Association; and the “Project Implementing Entities” for purposes of the
General Conditions.
20. “Provincial Project Management Unit” or “PPMU”
means collectively, the units established and maintained by the Project
Provinces for the activities to be carried out under the Project within their
jurisdiction, in accordance with Section I.A.2 of Schedule 2 to this Agreement,
and any successor thereto.
21. “Safeguards Instruments” means, collectively,
the Environmental and Social Management Framework, the Environmental Codes or
Practices, the Environmental and Social Management Plans, the Ethnic Minorities
Planning Framework, and the Ethnic Minorities Development Plans.
22. “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.
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.