|
BỘ NGOẠI
GIAO
-------
|
CỘNG HÒA
XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
---------------
|
|
Số: 17/2022/TB-LPQT
|
Hà Nội,
ngày 11 tháng 5 năm 2022
|
THÔNG BÁO
VỀ VIỆC ĐIỀU
ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Điều
56 của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:
Công hàm trao đổi giữa
Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Nhật Bản về khoản
vay lần 2 của Chính phủ Nhật Bản cho Dự án “Phòng chống thiên tai và biến đổi
khí hậu sử dụng vệ tinh quan sát trái đất (Dự án Trung tâm vũ trụ Việt Nam)”, ký tại
Hà Nội ngày 01 tháng 5 năm 2022, có hiệu lực từ ngày 01 tháng 5 năm 2022.
Bộ Ngoại giao trân trọng gửi bản sao
Công hàm theo quy định tại Điều 59 của Luật nêu trên./.
|
|
TL. BỘ
TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Nguyễn Lương Ngọc
|
|
MINISTRY
OF FINANCE
THE SOCIALIST REPUBLIC OF VIETNAM
|
|
Hanoi, May
1, 2022
Excellency,
I have the honour to acknowledge the
receipt of Your Excellency's Note of today's date, which reads as follows:
"I have the honour to confirm the
following understanding recently reached between the representatives of the
Government of Japan and of the Government of the Socialist Republic of Viet Nam
concerning a Japanese loan to be extended with a view to promoting the economic
stabilization and development efforts of the Socialist Republic of Viet Nam:
1. A loan in Japanese yen up to the
amount of eighteen billion eight hundred and seventy-one million yen
(¥18,871,000,000) (hereinafter referred to as “the Loan”) will be extended, in
accordance with the relevant laws and regulations of Japan, to the Government
of the Socialist Republic of Viet Nam represented by the Ministry of Finance of
the Socialist Republic of Viet Nam by the Japan International Cooperation Agency
(hereinafter referred to as “JICA”) for the purpose of implementing the Project
for Disaster and Climate Change Countermeasures Using Earth Observation
Satellite (II) (hereinafter referred to as “the Project”).
2. (1) The Loan will be made available
by a loan agreement to be concluded between the Government of the Socialist
Republic of Viet Nam represented by the Ministry of Finance of the Socialist
Republic of Viet Nam and JICA. The terms and conditions of the Loan as well as
the procedures for its utilization will be governed by the said loan agreement,
within the scope of the present understanding, which will contain, inter
alia, the following principles:
(a) The repayment period will be
thirty (30) years after the grace period of ten (10) years;
(b) The rate of interest will be
nought point one per cent (0.1%) per annum;
|
His Excellency Mr.
YAMADA Takio
Ambassador Extraordinary and Plenipotentiary of Japan to the Socialist
Republic of Viet Nam
|
|
(c) Notwithstanding sub-paragraph (b)
above, where a part of the Loan is made available to cover payments to
consultants of the Project, then the rate of interest of the said part will be
nought point nought one per cent (0.01%) per annum; and
(d) The disbursement period will be
seven (7) years after the date of coming into force of the said loan agreement.
(2) The loan agreement mentioned in
sub- paragraph (1) above will be concluded after JICA is satisfied with the
feasibility of the Project, including environmental consideration.
(3) The disbursement period mentioned
in sub- paragraph (1) (d) above may be extended with the consent of the
authorities concerned of the two Governments.
3. (1) The Loan will be made available
to cover payments to be made by the Vietnamese executing agency to suppliers,
contractors and/or consultants of eligible source countries under such
contracts as may be entered into between them for purchases of products and/or
services required for the implementation of the Project, provided that such
purchases are made in such eligible source countries for products produced in
and/or services supplied from those countries.
(2) The scope of eligible source
countries mentioned in sub-paragraph (1) above shall be agreed upon between the
authorities concerned of the two Governments.
(3) A part of the Loan may be used to
cover eligible local currency requirements for the implementation of the
Project.
4. The Government of the Socialist
Republic of Viet Nam shall ensure that the products and/or services mentioned
in sub-paragraph (1) of paragraph 3 are procured in accordance with the guidelines
for procurement of JICA, which set forth, inter alia, the
procedures of international competitive bidding to be followed except where
such procedures are inapplicable or inappropriate.
5. With regard to the shipping and
marine insurance of the products purchased under the Loan, the Government of
the Socialist Republic of Viet Nam shall refrain from imposing any restrictions
that may hinder fair and free competition among the shipping and marine
insurance companies.
6. Japanese nationals whose services
may be required in the Socialist Republic of Viet Nam in connection with the
supply of the products and/or services mentioned in sub-paragraph (1) of
paragraph 3 shall be accorded, in accordance with the relevant laws of the
Socialist Republic of Viet Nam, such facilities as may be necessary for their
entry into the Socialist Republic of Viet Nam and stay therein for the
performance of their work.
7. (1) The Government of the Socialist
Republic of Viet Nam shall exempt JICA from all fiscal levies and taxes
imposed, in the Socialist Republic of Viet Nam on and/or in connection with the
Loan as well as interest accruing therefrom.
(2) The Government of the Socialist
Republic of Viet Nam shall ensure that import tax, value added tax,
environmental protection tax and special consumption tax imposed in the
Socialist Republic of Viet Nam with respect to the import of materials and
equipment procured for the Project by the Vietnamese executing agency to duly
constitute the value of the Project, are borne by the said agency, except for
the case of materials and equipment imported by suppliers, contractors and/or
consultants to implement the Project.
8. The Government of the Socialist
Republic of Viet Nam shall take necessary measures:
(a) to ensure that the Loan is used
properly and exclusively for the Project;
(b) to ensure and maintain the safety
of persons engaged in the implementation of the Project and of the general
public of the Socialist Republic of Viet Nam in constructing the facilities
under the Loan and in using such facilities;
(c) to ensure that the facilities
constructed under the Loan are maintained and used properly and effectively for
the purpose prescribed in the present understanding;
(d) to ensure that the facilities
constructed under the Loan are used properly and exclusively for the purpose of
enhancing capacity of the Socialist Republic of Viet Nam for addressing natural
disaster and climate change, and not for military purposes; and
(e) not to transfer to any person not
an officer of the Government of the Socialist Republic of Viet Kara, nor to any
other government, title to or possession of products purchased under the Loan
without the prior written consent of the Government of Japan.
9. While ensuring fair treatment of
sources of information and data, the Government of the Socialist Republic of
Viet Nam shall, upon request, furnish the Government of Japan and JICA with:
(a) information and data concerning
the progress of the implementation of the Protect; and
(b) any other information, including
information on corrupt practice, related to the Project.
10. The two Governments shall consult
with each other with respect to any matter that may arise from or in connection
with the present understanding.
I have further the honour to propose
that this Note and Your Excellency's Note in reply confirming on behalf of the
Government of the Socialist Republic of Viet Nam the foregoing understanding
shall constitute an agreement between the two Governments, which shall enter
into force on the date of Your Excellency's Note in reply.”
I have further the honour to confirm
on behalf of the Government of the Socialist Republic of Viet Nam the foregoing
understanding and to agree that Your Excellency's Note and this Note in reply
shall constitute an agreement between the two Governments, which shall enter
into force on the date of this Note in reply.
I avail myself of this opportunity to
extend to Your Excellency the assurance of my highest consideration.
|
|
Ho Duc Phoc
Minister of Finance
of the Socialist Republic of Viet Nam
|