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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:
03/2014/TB-LPQT
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Hà Nội, ngày
13 tháng 01 năm 2014
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Khoản 3, Điều
47 của Luật Ký kết, gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại
giao trân trọng thông báo:
Hiệp định hợp tác cho chương trình nước và vệ
sinh cho các thị trấn tại Việt Nam, giai đoạn III giữa Chính phủ nước Cộng hòa
xã hội chủ nghĩa Việt Nam và Chính phủ nước Cộng hòa Phần Lan, ký tại Hà Nội
ngày 04 tháng 12 năm 2013, có hiệu lực kể từ ngày 04 tháng 12 năm 2013.
Bộ Ngoại giao trân trọng gửi bản sao Hiệp định
theo quy định tại Điều 68 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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AGREEMENT
BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM
AND THE GOVERNMENT OF THE REPUBLIC OF FINLAND ON THE CO-OPERATION IN WATER AND
SANITATION PROGRAMME FOR SMALL TOWNS IN VIETNAM, PHASE III
The Government of the Socialist Republic of Viet
Nam (’Viet Nam"), and the Government of the Republic of Finland
("Finland"), represented by the Ministry for Foreign Affairs of
Finland, jointly referred to as "the Parties", have, on the basis of
the Agreement on General Terms and Procedures for Development Co-operation
between Finland and Viet Nam, signed on 8 April 1992, and on the basis of
consultations on development cooperation held in Helsinki in June 2012 between
the representatives of the two Governments, agreed, in respect of the
co-operation in the Water and Sanitation Programme for Small Towns in Vietnam
(WSPST), Phase III in Vietnam ("the Programme"), as follows:
ARTICLE I. Scope and
Objective
1. The Programme shall be implemented in
accordance with the Programme Document and the Budget, dated November 2013 and
attached as Annex I to this Agreement, as well as in accordance with the annual
work plans and budgets to be mutually agreed upon.
2. The overall objective of the Programme is to
promote safe potable water supply and environmentally sound sewerage that will
satisfy the needs of urban population as human right holders and will
contribute to the social and economic growth in WSPST in Vietnam
ARTICLE II. Principles of
Co-operation
1. Respect for human rights, democratic
principles, good governance and, the rule of law shall form the basis for the
co-operation between Finland and Viet Nam and constitute the essential elements
of this Agreement.
2. The Programme shall be implemented in
accordance with the principles of transparency and open dialogue.
ARTICLE III. Competent
Authorities and Implementing Agency
1. The Ministry for Foreign Affairs of Finland,
represented in Viet Nam by the Embassy of Finland, and the Ministry of
Construction of Viet Nam shall be the Competent Authorities in matters relating
to this Agreement.
2. The responsibility for the implementation of
the Programme lies with the Ministry of Construction, the Ministry of Finance
of Vietnam and the People's Committees of the programme participating
provinces.
ARTICLE IV. Financing by
Finland
The contribution of Finland to the
implementation of the Programme in 2013 - 2016 shall, on a grant basis and
subject to annual parliamentary approval in Finland, be a maximum of two
million five hundred thousand Euros (€ 2,500,000). However, the contribution
shall only be used up to the actual amount necessary to cover the costs
resulting from the implementation of the Programme as specified in the
Programme Document.
ARTICLE V. Financing by Viet
Nam
1. Viet Nam shall cover the costs, amounting
approximately to four hundred twenty thousand Euros (€ 420,000) as a
contribution to the implementation of the Programme as specified in the
Programme Document.
2. All financial and other resources required
for the implementation of the Programme exceeding the Finnish contribution
shall be provided by Viet Nam.
ARTICLE VI. Procurements
1. Finland shall procure the supporting services
prescribed in the Programme Document and shall conclude a contract with a
consulting agency to be agreed upon with Viet Nam.
Other procurements for the Programme shali be
made by Finland, a Consulting Agency or Viet Nam as defined in the Programme
document and the Inception Report agreed upon between Finland and Viet Nam.
2. No offer, gift, payment or benefit of any
kind, which would or could be construed as an illegal or corrupt practice,
shall be accepted, either directly or indirectly, as an inducement or reward
for the award or execution of procurement contracts.
3. All procurements shall be made in accordance
with the procurement regulations of Vietnam or Finland, depending on the
location of the procurement. Invitations to tender as well as procurement
contracts shall, respectively, include a clause on the possibility of the
tender being rejected and the contract being cancelled, in case any illegal or
corrupt practices have been connected with the award or execution of the
contract. Furthermore, the damage or loss caused to the buyer shall, in case of
the cancellation of the contract, be compensated by the supplier.
ARTICLE VIl. Information
1. The Parties shall:
(a) promptly inform each other of any event or
situation which might affect the implementation of the Programme; and
(b) ensure that all relevant authorities and
organisations are informed of this Agreement and the Programme.
2. Both Parties shall have the right to
disseminate information about the Programme, including this Agreement, to the
general public and other interested parties
3. Any publication or other material produced in
connection with the Programme shall mention that the Programme is being or has
been implemented with the financial contribution of Finland and within the
framework of the Finnish development co-operation.
ARTICLE VIII. Monitoring and
Reporting
The implementation of the Programme shall be
reported in the manner specified in the Programme documentation attached to
this Agreement. The reports shall be prepared in accordance with the mutually
agreed principles.
ARTICLE IX. Auditing
Viet Nam shall permit the representatives of
Finland to carry out any inspection or audit in respect of the implementation
of the Programme. Such an inspection or audit may also be initiated by Viet
Nam.
ARTICLE X. Suspension
1. Both Parties shall have the right, after
consulting the other Party, to suspend in whole or in part the financing of the
Programme if:
(a) either Party considers that the other Party
has failed to fulfill one of the essential elements referred to in Article II of
this Agreement.
(b) the financing by the other Party is not
forthcoming in accordance with this Agreement and the Programme Document;
(c) any other obligation under this Agreement,
the Agreement on General Terms and Procedures for Development Co-operation or
the Programme Document is not fulfilled;
(d) following review and consultation, the
management of the Programme is deemed to be unsatisfactory;
(e) a condition has arisen which interferes or
threatens to interfere with the implementation of the Programme or the
attainment of the objectives and purposes of the Programme; or
(f) the suspension is warranted by a fundamental
change in the circumstances under which the Programme was started.
2. The suspension shall cease as soon as the
event or events which gave rise to suspension have ceased to exist.
3. Finland reserves the right to claim
reimbursement in full or in part of the Finnish contribution if it is found to
be misused or not satisfactorily accounted for.
ARTICLE XI. Commodities
1. Commodities procured in or imported into Viet
Nam under this Agreement for the purposes of the Programme shall be at the
exclusive disposal of the Programme. Commodities procured in Phase I and Phase
II shall be at the exclusive disposal of Phase Ill
2. The commodities shall become the property of
Viet Nam upon the completion of the Programme, unless otherwise agreed by the
Parties.
ARTICLE XII. Liability
The liability of the parties will be as they
were defined in the Agreement on General Terms and Procedures of Development
Co-operation between the Government of the Republic of Finland and the
Government of the Socialist Republic of Viet Nam, signed on the 8th of April
1992.
ARTICLE XIII. Special
Provisions
1. Other obligations of the Parties are
specified in the Programme Document.
2. The Parties shall have the right to carry out
an evaluation during the implementation of and after the completion of the
Programme.
3. The implementation of the Programme shall
also be governed by the provisions of the Agreement on General Terms and
Procedures for Development Co-operation, unless otherwise provided for in this
Agreement.
4. All ongoing construction schemes and unspent
programme funding from Phase II shall be transferred automatically to Phase
III. A written annex confirming the open amount of funding shall be
automatically added as Annex II to this Agreement based on the final audit of
Phase II.
ARTICLE XIV. Entry Into
Force, Termination, Amendments and Settlement of Disputes
1. This Agreement shall enter into force on the
date of its signature and remain valid until all the obligations under this
Agreement have been duly fulfilled by the Parties, unless terminated earlier by
either Party by giving a notice in writing to that effect three months prior to
the termination.
2. This Agreement may be amended or supplemented
upon written agreement between the Parties. The amendment or supplement shall
form an integral part of the Agreement.
3. Any dispute arising from the implementation
or interpretation of this Agreement shall be settled amicably by negotiations
between the Parties.
4. In witness thereof, the undersigned, being
duly authorized by their respective Governments, have signed this Agreement.
Done in Hanoi on 4 December 2013 in two
originals in the English language.
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FOR THE
GORVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
Mr. Cao Lai Quang
Deputy Minister of Ministry of Construc tion
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FOR THE
GORVERNMENT OF THE REPUBLIC OF FINLAND
Mr. Kimmo Lähdevirta
Ambassador
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ANNEXES
Progamme Document, dated November 2013 (Annex I)
Audit statement on the unspent programme funding
from Phase II (Annex II)