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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:
43/2020/TB-LPQT
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Hà
Nội, ngày 18 tháng 6 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 (các Nghiệp vụ thông
thường [Ưu đãi]) cho Dự án Kỹ năng và kiến thức cho tăng trưởng kinh tế toàn diện
giữa nước Cộng hòa xã hội chủ nghĩa Việt Nam và Ngân hàng Phát triển châu Á, số khoản vay 3761-VIE(COL), ký tại Hà Nội ngày 10 tháng 12 năm 2019,
có hiệu lực từ ngày 05 tháng 6 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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LOAN AGREEMENT
(Ordinary
Operations [Concessional])
(Skills and
Knowledge for Inclusive Economic Growth Project)
BETWEEN SOCIALIST
REPUBLIC OF VIET NAM AND ASIAN DEVELOPMENT BANK
DATED 10 DECEMBER
2019
LOAN AGREEMENT
(Ordinary
Operations [Concessional])
LOAN AGREEMENT dated 10 December 2019 between
SOCIALIST REPUBLIC OF VIET NAM (“Borrower”) and ASIAN DEVELOPMENT BANK (“ADB”).
WHEREAS
(A) the Borrower has applied to ADB for a loan for
the purposes of the Project described in Schedule 1 to this Loan Agreement;
(B) by on agreement of even date herewith between
the Borrower and ADB (“Grant Agreement”), ADB has agreed to administer the
grant from the Japan Fund for Poverty Reduction (“JFPR”) in the amount of
$3,000,000 (“JFPR Grant”) upon the terms and conditions set out in the JFPR
2018 Guidelines;
(C) the Project will be carried out by the Ministry
of Labour - Invalids and Social Affairs ("MOLISA"), and the Ministry
of Industry and Trade (“MOIT”), in partnership with the Ministry of
Constructions (“MOC”), Ministry of Agriculture and Rural Development (“MARD”),
the Ministry of Transport (“MOT”), the selected TVET and Training Institutions
(as defined herein), and for this purpose the Borrower will make available to
MOLISA and TVET and Training Institutions a portion of the proceeds of the loan
provided for herein upon terms and conditions satisfactory to ADB; and
(D) ADB has agreed to make a concessional loan to
the Borrower from ADB’s ordinary capital resources upon the terms and
conditions set forth herein and in the Project Agreement between ADB and the
TVET and Training Institutions;
NOW THEREFORE the parties agree as follows:
ARTICLE
I
Loan
Regulations; Definitions
Section 1.01. All provisions of ADB’s Ordinary
Operations (Concessional) Loan Regulations, dated 1 January 2017 (“Loan
Regulations”), are hereby made applicable to this Loan Agreement with the same
force and effect as if they were fully set forth herein, subject, however, to
the following modifications:
(a) Section 2.01(w) is deleted and the following is
substituted therefor:
"Project Agreement" means the prefect
agreement of even date herewith between ADB and any end all of the following,
Bac Ninh College of Electromechanics and Construction, Cao Thang Technical
College, College of Industry and Technique, College of Industry and Trade, Dung
Quat College of Technology, Fisheries and Technical Economics College, Hand
College of Electro-Mechanics, Ho Chi Minh City College of Construction, Hue
Industrial College, Maritime College No. 1, Mien Trung Industry and Trade
College, Nam Dinh Industrial College, Phu Tho College of Electromechanics, The
Central College of Transport 1, Vinh Long University of Technology Education,
Vinh University of Technology Education, as such agreement may be amended from
time to time;
(b) The term “Project Executing Agency appearing in
Sections 6.01(a), 8.01(d), 8.01(f), 8.01(k), 9.01(c) and 9.02(c) of the Loan
Regulations shall be substituted by the term “TVET and Training Institutions”.
Section 1.02. Wherever used in this Loan Agreement,
the several terms defined in the Loan Regulations have the respective meanings
therein set forth unless modified herein or the context otherwise requires.
Additional terms used in this Loan Agreement have the following meanings:
(a) "Consulting Guidelines" means the
Guidelines on the Use of Consultants by Asian Development Bank and its
Borrowers (2013, as amended from time to time);
(b) “Consulting Services” means the services to be
financed out of the proceeds of the Loan as described in paragraph 3 of
Schedule 1 to this Loan Agreement;
(c) “GAP” means the gender action plan prepared for
the Project, including any update thereto, and agreed to between the Borrower
and ADB;
(d) “Goods” means equipment and materials to be
financed out of the proceeds of the Loan, including related services such as
transportation, insurance, installation, commissioning, training, and initial
maintenance, but excluding Consulling Services;
(e) "Indigenous Peoples Safeguards" means
the principies and requirements set forth in Chapter V, Appendix 3, and
Appendix 4 (as applicable) of the SPS;
(f) "Loan Disbursement Handbook" means
ADB's Loan Disbursement Handbook (2017, as amended from time to time);
(g) “MARD TVET institutions” means technical and
vocational education and training institutions, selected to participate in the
Project as implementing partners under MOLISA's Project Implementation
resposibility, namely, the following: Phu Tho College of Electromechanics,
Fisheries and Technical Economics College, Bac Ninh College of Electromechanics
and Construction, and Hanoi College of Electro-Mechanics;
(h) “MOC TVET Institutions” means technical and
vocational education and training Institutions, selected to participate in the
Project as implementing partners under MOLISA’s Project implementation
responsibility, namely, the following: Ho Chi Minh City College of
Construction;
(i) "MOIT" means the Borrower’s the
Ministry of Industry and Trade that is responsible for implementing parts or
components of the Project concerning MOIT TVET Institutions;
(j) “MOIT TVET Institutions” means technical and
vocational education and training institutions under MOIT’s Project
implementation responsibility, selected to participate in the Project as
implementing partners, namely, the following: Nam Dinh Industrial College,
College of Industry and Trade, College of Industry and Technique, Hue
Industrial College, Cao Thang Technical College, and Mien Trung Industry and
Trade College;
(k) “MOLlSA TVET and Training Institutions” means
technical and vocational education and training institutions and universities
under MOLISA's Project implementation responsibility, selected to participate
in the Project as implementing partners, namely, the following: Dung Quat
College of Technology, Vinh Long University of Technology Education, Vinh
University of Technology Education;
(l) “MOT TVET Institutions” means technical and
vocational education and training Institutions, selected to participate in the
Project as implementing partners under MOLISA's Project implementation
responsibility, namely, the following: The Central College of Transport 1 and
Maritime College No. 1;
(m) “PAM” means the project administration manual
for the Project dated 5 November 2018 and agreed between the Borrower, through
MOLISA and MOIT, and ADB, as updated from time to time in accordance with the
respective administrative procedures of the Borrower and ADB;
(n) “Procurement Guidelines” means ADB’s
Procurement Guidelines (2015, as amended from time to time);
(o) "Procurement Plan" means the
procurement plan for the Project dated 5 November 2018 and agreed between the
Borrower, through MOLISA and MOIT, and ADB, as updated from time to time in
accordance with the Procurement Guidelines, the Consulting Guidelines, and
other arrangements agreed with ADB;
(p) "Project Executing Agency" for the
purposes of, and within the meaning of, the Loan Regulations means MOLISA or
any successor thereto acceptable to ADB, which is responsible for the carrying
out of the Project overall and for implementing parts or components of the
Project concerning MOLISA TVET and Training institutions;
(q) “Project facilities” means the facilities to be
improved, constructed or provided under the Project;
(r) “Safeguards Monitoring Report” means each
report prepared and submitted by the Borrower to ADB that describes progress
with implementation of and compliance with the Indigenous Peoples
Safeguards-related measures provided in the PAM (as applicable), including any
corrective and preventative actions;
(s) “SPS” means ADB's Safeguard Policy Statement
(2009);
(t) "Subsidiary Loan Agreement" means the
agreement or agreements between the Borrower and each of the TVET and Training
Institutions, as described in Section 3.01 of this Loan Agreement; and
(u) “TVET and Training Institutions” means the MARD
MOC MOIT MOT TVET institutions, and MOLISA TVET and Training Institutions.
ARTICLE
II
The
Loan
Section 2.01. (a) ADB agrees to tend to the
Borrower from ADB's ordinary capital resources an amount of seventy-five
million Dollars ($75,000,000).
(b) The Loan has a principal repayment period of 20
years, and a grace period as defined in subsection (c) hereinafter.
(c) The term “grace period” as used in subsection
(b) hereinabove means the period prior to the first Principal Payment Date in
accordance with the amortization schedule set forth in Schedule 2 to this Loan
Agreement.
Section 2.02. The Borrower shall pay to ADB an
interest charge at the rate of 2% per annum during the grace period and
thereafter, on the amount of the Loan withdrawn from the Loan Account and
outstanding from time to time.
Section 2.03. The interest charge and any other
charge on the Loan shall be payable semiannually on 1 May and 1 November in
each year.
Section 2.04. The Borrower shall repay the
principal amount of the Loan withdrawn from the Loan Account in accordance with
the amortization schedule set forth in Schedule 2 to this Loan Agreement.
Section 2.05. The currency of repayment of the
principal amount of the Loan and the currency of payment of the interest charge
for the purposes of Sections 4.03(a) and 4.04 of the Loan Regulations shall be
the Dollar.
ARTICLE
III
Use
of Proceeds of the Loan
Section 3.01. (a) The Borrower shall provide the
proceeds of the Loan through (I) budgetary allocation and (II) relending to
each of the TVET and Training institutions under Subsidiary Loan Agreement upon
terms and conditions acceptable to ADB.
(b) The Borrower shall cause the proceeds of the
Loan to be applied exclusively to the financing of expenditures on the Project
in accordance with the provisions of this Loan Agreement and the Project
Agreement.
Section 3.02. The proceeds of the Loan shall be
allocated and withdrawn in accordance with the provisions of Schedule 3 to this
Loan Agreement, as such Schedule may be amended from time to time by agreement
between the Borrower and ADB.
Section 3.03. Except as ADB may otherwise agree,
the Borrower shall procure, or cause to be procured, the items of expenditure
to be financed out of the proceeds of the Loan in accordance with the
provisions of Schedule 4 to this Loan Agreement.
Section 3.04. Withdrawals from the Loan Account in
respect of Goods and Services shall be made only on account of expenditures
relating to:
(i) Goods which are produced in and supplied from
and Consulting Services which are supplied from such member countries of ADB as
shall have been specified by ADB from time to time as eligible sources tor
procurement; and
(ii) Goods and Consulting Services which meet such
other eligibility requirements as shall have been specified by ADB from time to
time.
Section 3.05. The Loan Closing Date tor the
purposes of Section 8.02 of the Loan Regulations shall be 31 December 2024 or
such other date as may from time to time be agreed between the Borrower and
ADB.
ARTICLE IV
Particular Covenants
Section 4.01. In the carrying
out of the Project and operation of the Project facilities, the Borrower shall
perform, or cause to be performed, all obligations set forth in Schedule 5 to
this Loan Agreement and the Project Agreement.
Section 4.02. (a) The Borrower, through MOLISA,
shall (i) maintain separate accounts and records tor the Project; (ii) prepare
annual financial statements for the Project in accordance with financial
reporting standards acceptable to ADB; (iii) have such financial statements
audited annually by independent auditors whose qualifications, experience and
terms of reference are acceptable to ADB, in accordance with auditing standards
acceptable to ADB; (iv) as part of each such audit, have the auditors prepare a
report, which includes the auditors' opinion(s) on the financial statements and
the use of the Loan proceeds, and a management letter (which sets out the
deficlencies in the internal control of the Project that were identified in the
course of the audit, If any): and (v) furnish to ADB, no later than 6 months
after the end of each related fiscal year, copies of such audited financial
statements, audit report and management letter, all in the English language,
and such other information concerning these documents and the audit thereof as
ADB shall from time to time reasonably request.
(b) ADB shall disclose the annual audited financial
statements tor the Project and the opinion of the auditors on the financial
statements within 14 days of the data of ADB’S confirmation of their
acceptability by posting them on ADB's website.
(c) The Borrower, through MOLISA, shall enable ADB,
upon ADB’s request, to discuss the financial statements for the Project and the
Borrower's financial affairs where they relate to the Project with the auditors
appointed pursuant to subsection (a)(iii) hereinabove, and shall authorize and
require any representative of such auditors to participate in any such
discussions requested by ADB. This is provided that such discussions shall be
conducted only in the presence of an authorized officer of the Borrower, unless
the Borrower shall otherwise agree.
Section 4.03. The Borrower, through MOLISA, MOIT
and other relevant ministriss, shall enable ADB's representatives to inspect
the Project, the Goods and any relevant records and documents.
Section 4.04. The Borrower shall take all actions
which shall be necessary on its part to enable the TVET and Training
Institutions to perform their obligations under the Project Agreement and
Subsidiary Loan Agreements, and shall not take or permit any action which would
interfere with the performance of such obligations.
Section 4.05. The Borrower shall exercise its
rights under the Subsidiary Loan Agreement(s) in such a manner as to protect
the Interests of the Borrower and ADB and to accomplish the purposes of the
Loan.
ARTICLE
V
Effectiveness
Section 5.01. The following is specified as an
additional condition to the effectiveness of this Loan Agreement for the
purposes of Section 9.01(f) of the Loan Regulations: that the Grant Agreement
shall have been duly executed and delivered, and all conditions precedent to
its effectiveness (other than a condition requiring the effectiveness of this
Loan Agreement) shall have been fulfilled.
Section 5.02. A date 90 days after the date of this
Loan Agreement is specified for the effectiveness of this Loan Agreement for
the purposes of Section 9.04 of the Loan Regulations.
ARTICLE
VI
Miscellaneous
Section 6.01. The Minister of Finance of the
Borrower is designated as representative of the Borrower for the purposes of
Section 11.02 of the Loan Regulations.
Section 6.02. The following addresses are specified
for the purposes of Section 11.01 of the Loan Regulations:
For the Borrower
Ministry of Finance
No. 28 Tran Hung Dao Street
Hoan Kiem District
Ha Noi, Viet Nam
Facsimile Number
(8424) 2220-8020
For ADB
Asian Development Bank
6 ADB Avenue
Mandaluyong City
1550 Metro Manila
Philippines
Facsimile Numbers:
(632) 636-2444
(632) 636-2228.
IN WITNESS WHEROF the parties hereto, acting
through their representatives thereunto duly authorized, have caused this Loan
Agreement to be signed in their respective names as of the day year first above
written and to be delivered at the principal office of ADB.
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SOCIALIS
REPUBLIC OF VIET NAM
TRAN XUAN HA
Vice Minister
Ministry of Finance
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ASIAN
DEVELOPMENT BANK
ERIC SIDGWICK
Country Director
Viet Nam Recident Mission
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SCHEDULE
1
Description of the Project
1. The objective of the Project is to strengthen
and align to evolving labor market needs the selected high-quality TVET and
Training Institutions.
2. The Project shall comprise:
(a) Improving the teaching and learning
environments at the TVET and Training Institutions, which includes provision of
up-to-date training equipment, induing high-technology equipment, which will
enable TVET and Training institutions to deliver quality training programs in
modem occupations required by companies; and
(b) Enhancing skills training opportunities for
disadvantaged communities and soft skills of students in the TVET and Training
institutions, which includes:
(i) reviewing mechanisms to assess skills demand at
the local level;
(ii) upgrading of existing or developing new
short-term training courses (Including ubiquitous-based training) for
disadvantaged youth and adults (making sure they are interesting to females),
who are seeking new employment opportunities in modem professions;
(iii) conducting short courses in disadvantaged and
poor communities (with at least 50% female beneficiaries);
(iv) developing methods to integrate soft skills
into regular technical curriculum context based on international good
practices;
(v) piloting soft skills programs in the vicinity
of the TVET and Training Institutions in collaboration with local companies and
communities; and
(vi) conducting an impact evaluation of the pilot
activities.
3. The Project includes Consulting Services, as
described in the PAM.
4. Activities under paragraph 2(b) above shall be
financed by the JFPR Grant.
5. The Project is expected to be completed by 30
June 2024.
SCHEDULE
2
Amortization Schedule
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Payment Due Date
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Payment of
Principal
(Expressed in Dollars)*
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1 May 2024
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1,875,000
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1 November 2024
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1,875,000
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1 May 2025
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1,875,000
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1 November 2025
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1,875,000
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1 May 2026
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1,875,000
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1 November 2026
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1,875,000
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1 May 2027
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1,875,000
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1 November 2027
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1,875,000
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1 May 2028
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1,875,000
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1 November 2028
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1,875,000
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1 May 2029
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1,875,000
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1 November 2029
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1.875,000
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1 May 2030
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1,875,000
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1 November 2030
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1,875,000
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1 May 2031
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1,875,000
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1 November 2031
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1,875,000
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1 May 2032
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1,875,000
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1 November 2032
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1,875,000
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1 May 2033
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1,875,000
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1 November 2033
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1,875,000
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1 May 2034
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1,875,000
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1 November 2034
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1,875,000
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1 May 2035
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1,875,000
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1 November 2035
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1,875,000
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1 May 2036
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1,875,000
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1 November 2036
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1,875,000
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1 May 2037
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1,875,000
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1 November 2037
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1.875,000
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1 May 2038
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1,875,000
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1 November 2038
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1,875,000
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1 May 2039
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1,875,000
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1 November 2039
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1,875,000
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1 May 2040
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1,875,000
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1 November 2040
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1,875,000
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1 May 2041
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1,875,000
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1 November 2041
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1,875,000
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1 May 2042
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1,875,000
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1 November 2042
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1,875,000
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1 May 2043
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1,875,000
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1 November 2043
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1,875,000
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Total
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75,000,000
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*The arrangements for payment are subject to the
provisions of Sections 3.04 and 4.03 of the Loan Regulations.
SCHEDULE
3
Allocation and Withdrawal of Loan Proceeds
General
1. The table attached to this Schedule sets forth
the Categories of items of oxpondituro to bo financed out of the proceeds of
the Loan end the allocation of the Loan proceeds to each such Category
(“Table”). (Reference to “Category” to this Schedule is to a Category of the
Table.)
Basis for Withdrawal from the Loan Account
2. Except as ADB may otherwise agree, the proceeds
of the Loan shall be allocated to items of expenditure, and disbursed on the
basis of the withdrawal percentage for each item of expenditure set forth in
the Table.
Reallocation
3. Notwithstanding the allocation of Loan proceeds
and the withdrawal percentages set forth in the Table,
(a) If the amount of the Loan allocated to any
Category appears to be Insufficient to finance all agreed expenditures in that
Category, ADB may, in consultation with the Borrower, (i) reallocate to such
Category, to the extent required to meet the estimated shortfall, amounts of
the Loan which have been allocated to another Category but, In the opinion of
ADB, are not needed to meat other expenditures, and (ii) if such reallocation
cannot fully meet the estimated shortfall, reduce the withdrawal percentage
applicable to such expenditures in order that further withdrawals under such
Category may continue until all expenditures thereunder shall have been made;
and
(b) if the amount of the Loan allocated to any
Category appears to exceed all agreed expenditures in that Category. ADB may,
in consultation with the Borrower, reallocate such exoess amount to any other
Category.
Disbursement Procedures
4. Except as ADB may otherwise agree, the Loan
proceeds shall be disbursed in accordance with the Loan Disbursement Handbook.
Condition for Withdrawals from Loan Account
5. Notwithstanding any other provision of this Loan
Agreement, no withdrawals shall be made from the Loan Account until the
Borrower has confirmed to ADB in writing that the Subsidiary Loan Agreements,
on terms and conditions consistent with this Loan Agreement, have been duly
executed by the Borrower's authorized agency and each of the TVET and Training
Institutions, and have become affective and binding upon the parties thereto.
Attachment to
Schedule 3
TABLE
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ALLOCATION AND
WITHDRAWAL OF LOAN PROCEEDS
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Number
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Item
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Total Amount
Allocated for ADB Financing ($)
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Basle for
Withdrawal from the Loan Account
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Category
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1
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Equipment (Goods)**
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70,350,000
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100% of total expenditure claimed*
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2
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Consulting Services
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100,000
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100% of total expenditure claimed
|
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3
|
Unallocated
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4,550,000
|
|
|
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TOTAL
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75,000,000
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*Exclusive of taxes and duties imposed within the
temitory of the Borrower.
**Subject to condition provided in paragraph 5 of
Shedule 3.
SCHEDULE
4
Procurement of Goods and Consulting Services
General
1. The procurement of Goods and Consulting Services
shall be subject to and governed by the Procurement Guidelines, and the
Consulting Guidelines, respectively.
2. Except as ADB may otherwise agree, Goods shall
be procured and Consulting Services shall be selected and engaged only on the
basis of the procurement methods and the selection methods set forth below.
These methods are subject to, among other things, the detailed arrangements and
threshold values set forth in the Procurement Plan. The Borrower may only
modify the procurement methods and the selection methods or threshold values
with the prior agreemerd of ADB, and modifications must be set out in updates
to the Procurement Plan.
3. All terms used in this Schedule and not
otherwise defined to this Loan Agreement have the meanings provided in the
Procurement Guidelines and/or the Consulting Guidelines, as applicable.
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Goods
4. Goods shall be procured on the basis of the
procurement methods set forth below:
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(a)
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International Competitive Bidding;
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(b)
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National Competitive Bidding; and
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(c)
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Shopping.
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National Competitive Bidding
5. The Borrower and ADB shall ensure that, prior to
the commencement of any procurement activity under national competitive
bidding, the Borrower’s national competitive bidding procedures are consistent
with the Procurement Guidelines. Any modifications or clarifications to such
procedures agreed between the Borrower and ADB shall be set out in the
Procurement Plan. Any subsequent change to the agreed modifications and
clarifications shall become effective only after approval of such change by the
Borrower and ADB.
Consulting Services
6. Except as set forth in the paragraph below, the
Borrower, through MOLISA, shall apply Quality- and Cost-Based Selection for
Consulting Services.
7. The Borrower, through MOLISA shall apply the
following selection method for the specified Consulting Services, in accordance
with, among other things, the procedures set forth to the Procurement Plan:
Fixed Budget Selection for audit services.
Schedule 4
Industrial or Intellectual Property Rights
8. (a) The Borrower, through MOLISA, MOIT and other
relevant ministries, shall ensure that all Goods procured (Including without
limitation all computer hardware, software and systems, whether separately
procured or incorporated within other goods and services procured) do not
violate or infringe any industrial property or intellectual property right or
claim of any third party.
(b) The Borrower, MOLISA, MOIT and other relevant ministries,
shall ensure that all contracts for the procurement of Goods contain
appropriate representations, warranties and, if appropriate, indemnities from
the contractor or supplier with respect to the meters referred to in
subparagraph (a) of this paragraph.
9. The Borrower, through MOLISA, shall ensure that
all ADB-financed contracts with consultants contain appropriate
representations, warranties and, if appropriate, indemnities from the
consultants to ensure that the Consulting Services provided do not violate or
infringe any industrial property or Intellectual property right or claim of any
third party.
ADB's Review of Procurement Decisions
10. Contracts procured under international
competitive bidding procedures and contracts for Consulting Services shall be
subject to prior review by ADB, unless otherwise agreed between the Borrower
and ADB and set forth in the Procurement Plan.
SCHEDULE
5
Execution of Project; Financial Matters
Implementation Arrangements
1. The Borrower, through MOLISA, MOIT and other
relevant ministries, shall ensure that the Project is implemented in accordance
with the detained arrangements set forth in the PAM. Any subsequent change to
the PAM shall become affective only after approval of such change by the
Borrower, through MOLISA and MOIT, and ADB. In the event of any discrepancy
between the PAM and this Loan Agreement, the provisions of this Loan Agreement
shall prevail.
Environment and Involuntary Resettlement
2. The Borrower, through MOLISA, MOIT and the
relevant ministries, shall ensure that the Project does not have any
environmental or involuntary resettlement impacts, all within the meaning of
the SPS. In the event that the Project does have any such impact the Borrower
shall take all steps required to ensure that the Project complies with the
applicable laws and regulations of the Borrower and with the SPS.
3. The Borrower, through MOLISA, MOIT and the
relevant ministries, shall ensure that no Loan proceeds are used for
expenditures for new infrastructure development, or land use adjustments and
redevelopment, that have potentially adverse environmental impacts within the
meaning of Viet Nam's Law on Environmental Protection (2014) and SPS.
Indigenous Peoples
4. The Borrower, through MOLISA, MOIT and the
relevant ministries, shall ensure that the preparation, design, implementation
and operation of the Project and all Project facillities comply with (a) all
applicable laws and regulations of the Borrower relating to Indigenous peoples,
(b) the Indigenous Peoples Safeguards; and (c) all measures and requirements
set forth in the Indigenous Peoples Safeguards-related measures provided In the
PAM, and any corrective or preventative actions set forth In a Safeguards
Monitoring Report.
Human and Financial Resources to implement
Safeguards Requirements
5. The Borrower shall make avallable, or cause
MOLISA, MOIT and the relevant ministries to make available, necessary budgetary
and human resources to fully implement the Indigenous Peoples
Safeguards-related measures provided in the PAM.
Safeguards - Related Provisions In Bidding
Documents
6. The Borrower, through MOLISA and MOIT, shall
ensure that all bidding documents contain provisions that require contractors
to:
(a) comply with the measures relevant to the
contractor set forth in the Indigenous Peoples Safeguards-related measures
provided in the PAM (to the extent they concern impacts on affected people
during construction), and any corrective or preventative actions set forth in a
Safeguard Monitoring Report;
(b) make available a budget for all such
enviromental and social measures; and
c) provide the Borrower with a written notice of
any unanticipated environmental, resettlement or indigenous peoples risks or
impacts that arise during construction, implementation or operation of the
Project that were not considered in the Indigenous Peoples Safeguards-related
measures provided in the PAM.
Safeguards Monitoring and Reporting
7. The Borrower, through MOLISA and MOIT, shall do
the following:
(a) submit semiannual Safeguards Monitoring Reports
to ADB and disclose relevant information from such reports to affected persons
promptly upon submission;
(b) If any unanticipated environmental and/or
social risks and impacts arise during Implementation or operation of the
Project that were not considered in the PAM, promptly inform ADB or the
occurrence of such risks or impacts, with detailed description of the event and
proposed corrective action plan; and
(c) report any actual or potential breach of
compilance with the measures and requirements set forth in the Indigenous
Peoples Safeguards-related measures provided in the PAM promptly after becoming
aware of the breach.
Prohibited List of Investments
8. The Borrower, through MOLISA, MOIT and the
relevant ministries, shall ensure that no proceeds of the Loan are used to
finance any activity included in the list of prohibited investment activities
provided in Appendix 5 of the SPS.
Gender and Development
9. The Borrower, through MOLISA, MOIT and the relevant
ministries, shall ensure that (a) the GAP is implemented in accordance with its
terms; (b) the bidding documents and contracts Include relevant provisions for
contractors to comply with the measures set forth in the GAP; (c) adequate
resources are allocated for implementation of the GAP; (d) progress on
implementation of the GAP, including progress toward achieving key gender
outcome and output targets, are regularly monitored and reported to ADB; and
(e) key gender outcome and output targets indude: (i) areas selected for
short-term trainings are areas in which there is a demand for skills, that are
interesting to females and have the potential to provide them with decent
employment and/or substantive increase in income; (ii) females are encouraged
to enroll in the regular TVET and Training Institutions that target high skills
jobs and are currently male-dominated through Implementation of a pilot career
education, mentor and recruitment support program and promotion campaign in
five selected TVET and Training Institutions; and (iii) specific modules on
soft skills that are relevant to gender equality are integrated into regular
curriculum in the TVET and Training Institutions.
Counterpart Support
10. The Borrower shall ensue that MOLISA, MOIT and
other relevant ministries have sufficient funds to satisfy its liabilities
arising from any Goods and/or Consulting services contract. Borrower shall make
available counterpart fund required for timely and effective Implementation and
sustainability of the Project and ensure that appropriate budgetary allocations
are made for the continued operation and maintenance of the Project facilities.
Grievance Redress Mechanism
11. The Borrower, through MOLISA and MOIT, shall
ensure that separate safeguards grievance redress mechanism acceptable to ADB
is established in accordance with the provisions of the Indigenous Peoples
Safeguards-related measures provided in the PAM at the project management unit,
within the timeframes specified in the Indigenous Peoples Safeguards-related
measures provided in the PAM, to consider safeguards complaints.
Governance and Anticorruption
12. The Borrower, MOLISA, MOIT, the relevant
ministries and the implementing agencies shall (a) comply with ADB’s
Anticorruption Policy (1998, as amended to date) and acknowledge that ADB
reserves the right to investigate directly, or through its agents, any alleged
corrupt, fraudulent, collusive or coercive practice relating to the Project;
and (b) cooperate with any such investigation and extend all necessary
assistance for satisfactory completion of such investigation.
13. The Borrower, MOLISA, MOlT, the relevant
ministries and the implementing agencies shall ensure that the anticorruption
provisions acceptable to ADB are included in all bidding documents and
contracts, including provisions specifying the right of ADB to audit and
examine the records and accounts of the executing and implementing agencis and
all contractors, suppliers, consultants, and other service providers as they
relate to the Project.