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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: 26/2012/TB-LPQT
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Hà Nội, ngày 23 tháng 4 năm 2012
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định của Luật Ký kết,
gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại giao trân trọng thông
báo:
Bản ghi nhớ giữa Chính phủ các
quốc gia thành viên Hiệp hội các quốc gia Đông Nam Á (ASEAN) và Tổ chức Thú y
thế giới (OIE), ký tại Gia-các-ta, In-đô-nê-xi-a ngày 07 tháng 10 năm 2011, có
hiệu lực đối với Việt Nam và các Bên ký kết khác kể từ ngày 07 tháng 10 năm
2011.
Bộ Ngoại giao trân trọng gửi Bản
sao Bản ghi nhớ 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
Lê Thị Tuyết Mai
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MEMORANDUM OF UNDERSTANDING
BETWEEN MEMBERS OF THE ASSOCIATION OF SOUTHEAST ASIAN
NATIONS (ASEAN) AND THE WORLD ORGANISATION FOR ANIMAL HEALTH (OIE)
The Governments of Brunei
Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao
People's Democratic Republic, Malaysia, the Republic of the Union of Myanmar,
the Republic of the Philippines, the Republic of Singapore, the Kingdom of
Thailand and the Socialist Republic of Viet Nam, Member States of the
Association of Southeast Asian Nations ("ASEAN"), hereinafter
referred to individually as "ASEAN Member State" or collectively as
"ASEAN Member States".
and
The World Organisation for
Animal Health, with headquarters at 12 rue de Prony, 75017 Paris, France,
hereinafter referred to as "the OIE", duly represented by its
Director General, Dr. Bernard Vallat.
RECOGNISING that the OIE
has developed the World Anima! Health Information System (WAHIS), an on-line
information system for the submission and reporting of official animal disease
information by OIE member countries to the OIE;
NOTING that a number of
regional organisations have already established regional animal disease reporting
systems and therefore recognising the need to avoid duplication and
inconsistencies in disease reporting and to streamline the reporting process;
NOTING that the ASEAN
Regional Animal Health Information System (ARAHIS) was therefore developed under
a project funded by the Australian Government's Overseas Aid Program (AusAID),
in partnership with ASEAN Member States, as a WAHIS Regional Core (WRC), which
allows disease information for nominated priority animal diseases in ASEAN
Member States to be shared privately within ASEAN, and for confirmed outbreak
reports to be transferred electronically to the WAHIS;
DESIRING to improve
animal disease control within ASEAN, through information sharing in order to
achieve a coordinated response and thus improve early disease detection;
Have reached the
following understanding:
Section I.
Definitions and Interpretations
i. "ARAHIS national
coordinators" refer to representatives of respective ASEAN Member States,
who are appointed by their respective Senior Officials Meeting for ASEAN
Ministers of Agriculture and Forestry (ASEAN SOM-AMAF) Leaders to manage ARAHIS
matters.
ii. "ARAHIS priority
diseases" include Foot and Mouth disease, Newcastle Disease, Notifiable
Avian Influenza, Classical Swine Fever, rabies and any other animal diseases
designated by ASWGL.
iii. "ARAHIS regional
coordinator" refers to the representative of the ten ASEAN Member States,
appointed by ASWGL in managing the ARAHIS.
iv. "ASWGL" means the
ASEAN Sectoral Working Group on Livestock, which consists of members of the
ARAHIS Management Committee, v. "Chief Veterinary Officer" means the
official delegate representative of an ASEAN Member State to the OIE
vi. "OIE-Iisted
diseases" refer to animal diseases designated by OIE, which are notifiable
to OIE through the WAHIS
vii. "WAHIS" refers to
World Animal Health Information System, which is a global animal health
information system, managed by OIE.
viii. "WRC" or
"WAHIS Regional Core" refers to ASEAN Regional Animal Health
Information System (ARAHIS) in this Memorandum of Understanding.
Section II.
Purpose of this Memorandum of Understanding
This Memorandum of Understanding
establishes procedures, guidelines and obligations governing linkage between
ARAHIS and WAHIS and the management of ARAHIS, which is hosted by OIE and
implemented for the benefit of ASEAN Member States.
Section
Ill. OIE obligations
OIE shall:
(i) Host the ARAHIS on its
hardware at no cost whatsoever to ASEAN Member States.
(ii) Maintain regular backups of
the data on system.
(iii) Take necessary measures
deemed reasonable to ensure the physical and electronic security of the system.
(iv) Treat the data held on
ARAHIS as confidential. OIE does not have the right to view any ARAHIS data
unless as required for system maintenance, and shall not treat any ARAHIS
reports as official OIE reports unless authorised by the respective individual
ASEAN Member State, which has provided the data through its Chief Veterinary
Officer.
(v) Offer ARAHIS to display the
OIE validated data of ASEAN Member States from the WAHIS database, namely
outbreak details from immediate notifications and follow-ups for ARAHIS
priority diseases.
Section IV.
ASEAN Member States obligations
ASEAN Member States shall:
(i) Participate fully to the
extent possible, in the ARAHIS, submitting information on all outbreaks of
ARAHIS priority diseases when mutually agreed by ASEAN Member States.
(ii) Periodically transfer data
on confirmed outbreaks of endemic ARAHIS priority diseases from ARAHIS to the
OIE WAHIS, using an automated data transfer facility. These data shall be
treated as official reports from the Chief Veterinary Officers of the
respective ASEAN Member States for routine disease information updates on the
diseases.
(iii) Submit immediate
notification and follow up reports on the confirmed outbreaks of OIE-Iisted
diseases in respective ASEAN Member States, which were previously absent,
through WAHIS.
(iv) Ensure that the data
provided by the OIE to display information on ARAHIS website for exceptional
disease events of ARAHIS priority diseases occurring in an ASEAN Member State
is unable to be edited or changed by other ARAHIS users.
Section V.
System Management
ASEAN Member States shall manage
ARAHIS through ARAHIS Management Committee, The ARAHIS Management Committee is
authorised and responsible for making decisions regarding the development of
the system. The system shall be operated by the ARAHIS national coordinators
and a regional coordinator nominated by ASEAN Member States. Any significant
modification to ARAHIS, which would affect the transfer of data on ARAHIS
priority diseases to WAHIS, shall be done in consultation with OIE. ASEAN
Member States shall be informed by OIE of any major changes to WAHIS, which
shall impact ARAHIS, prior to the modification.
The ARAHIS Management Committee
shall work closely with the OIE on any developments with respect to ARAHIS and
obtain advice on issues of compatibility with the OIE WAHIS notification system
and reporting requirements.
With regard to modifications to system
functionality
(i) OIE and the ASEAN Member
States shall decide on the recruitment of a programmer to make the changes as
mutually agreed by ASEAN Member States and OIE.
(ii) Once decided by the ARAHIS
Management Committee, the OIE shall provide reasonable access to the programmer
to a copy of the WAHIS source code in relation with WRC and server computers to
allow the new code to be developed, consistent with OlE's security
requirements.
(iii) OIE shall not be required
to provide any access to any other systems (such as other components of WAHIS)
with regard to programmer's access.
(iv) OIE has the right to test
any code developed on its own test servers before implementation.
(v) OIE reserves the right to
refuse to implement newly developed code if potential security and data
integrity problems are discovered.
(vi) OIE shall install and
update ARAHIS codes providing functionality requested by ASEAN Member States on
its server in accordance with instructions notice given by ASEAN Member States
through its ARAHIS regional coordinator, unless security or data integrity
issues are identified.
4. In relation to funding system
modifications, OIE shall pay the ongoing hosting costs of maintaining ARAHIS.
Section VI.
Data Ownership
Data submitted to the ARAHIS is
owned by the individual ASEAN Member State which submitted the data.
Section VII.
Ownership of Code
The source code of the ARAHIS is
jointly owned by ASEAN Member States and the OIE. Ownership of code for future
extensions to the ARAHIS shall be determined by ASEAN Member States, in
consultation with OIE.
Section
VIII. Data Submission
1. Data submitted to ARAHIS is
based on two different levels of authority:
(i) For submission of data to
ARAHIS for endemic ARAHIS priority diseases the appointed national coordinators
shall be given authority by their respective Chief Veterinary Officers to
immediately submit reports of suspected and confirmed outbreaks to the system.
(ii) For transfer of data for
endemic ARAHIS priority diseases from ARAHIS to WAHIS, the normal rules in
force within each ASEAN Member State for submission of data to OIE shall apply.
The Chief Veterinary Officer of respective ASEAN Member State must give
approval for any official submission of data pertaining to his country to OIE.
2. In relation to data submitted
to WAHIS:
(i) Each ASEAN Member State
shall through WAHIS, ensure the completion of six-monthly reports for the
information on OIE-Iisted diseases that are not ARAHIS priority diseases and
that are not transferred automatically from ARAHIS to WAHIS as well as the
annual report.
(ii) Each ASEAN Member State
shall submit immediate notification and follow-up reports through the WAHIS
system.
3. In order to facilitate
electronic upload of data from national systems to ARAHIS, the ARAHIS regional
coordinator shall provide ASEAN Member States with updated versions of standard
electronic data submission formats, as and when they become available.
Section IX.
Financial Arrangements
The financial arrangements to
cover expenses for the implementation of this Memorandum of Understanding shall
be mutually agreed upon by ASEAN Member States and OIE on a case-by-case basis
subject to availability of funds.
Section X.
Protection of Intellectual Property Rights
The protection of intellectual
property rights shall be enforced in conformity with the respective national
laws, rules and regulations of the ASEAN Member States and with other
international agreements signed by both ASEAN Member States and OIE.
The use of the name, logo and/or
official emblem of ASEAN or OIE on any publication, document and/or paper is
prohibited without the prior written approval of respective Parties, which are
ASEAN Member States and OIE.
Notwithstanding anything in
paragraph 1 above, the intellectual property rights in respect of any
technological development, products and services development, carried out:
(a) jointly by ASEAN and OIE or
research results obtained through the joint activity effort of ASEAN and OIE,
shall be jointly owned by ASEAN and OIE in accordance with the terms to be
mutually agreed upon; and
(b) solely and separately by the
Parties or the research results obtained through the sole and separate effort
of the Parties, shall be solely owned by the Parties concerned.
Section XI.
Confidentiality
Both ASEAN Member States and OlE
shall undertake to observe the confidentiality and secrecy of documents,
information and/or other data received or supplied to the other Party during
the period of. the implementation of this Memorandum of Understanding or any
other agreements made pursuant to this Memorandum of Understanding.
Both ASEAN Member States and OlE
agree that the provisions of this Section shall continue to be binding between
them notwithstanding the termination of this Memorandum of Understanding.
Section
XII. Revision, Modification and Amendment
Either ASEAN Member States or
the OlE may request in writing a revision, modification or amendment of all or
any part of this Memorandum of Understanding.
Any revision, modification or
amendment mutually agreed to by ASEAN Member States and the OlE shall be
reduced into writing and shall constitute an integral and inseparable part of
this Memorandum of Understanding.
Such revision, modification or
amendment shall come into effect on such date as may be determined by both
ASEAN Member States and the OlE.
4. Any revision, modification or
amendment shall not prejudice the rights and obligations arising from or based
on this Memorandum of Understanding before or up to the date of such revision,
modification or amendment.
Section
XIII. Settlement of Disputes
Any difference or dispute
between the 01E and ASEAN Member States concerning the interpretation and/or
implementation and/or application of any of the provisions of this Memorandum
of Understanding shall be settled amicably through mutual consultation and/or
negotiation between them without reference to any third party or international
tribunal.
Section
XIV. Effective Date, Duration and Termination
This Memorandum of Understanding
shall come into effect on the date of its signature and shall be valid for a
period of five (5) years. Thereafter, it may, by mutual agreement, be extended
for such further period or periods and upon such terms and conditions as may be
mutually agreed in writing by ASEAN Member States and the OIE.
Notwithstanding anything in this
Section, either ASEAN Member States or the OIE may terminate this Memorandum of
Understanding by giving written notification of its intention to terminate this
Memorandum of Understanding by giving at least three (3) months prior written
notice of its intention to do so.
Upon the termination of this
Memorandum of Understanding, in accordance with paragraph 2 of this Section,
all ongoing activities and programmes commenced under this Memorandum of
Understanding shall be completed or resolved in such manner as may be amicably
decided upon by ASEAN Member States and the OIE.
IN WITNESS WHEREOF, the
undersigned, being duly authorized representatives of the OIE, or the
Governments of the respective ASEAN Member States, have signed this Memorandum
of Understanding.
SIGNED at Jakarta,
Indonesia on this Seventh Day of October in the year Two Thousand and Eleven in
two (2) original texts.
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For OIE:
Bernard Vallat
Director General
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For the Government
of Brunei Darussalam:
Pehin Dato Yahya
Minister of Industry and Primary Resources
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For the
Royal Government of the Kingdom of Cambodia:
Chan Tong Yves
Secretary of State
Ministry of Agriculture, Forestry and Fisheries
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For the
Government of the Republic of Indonesia:
Suswono
Minister of Agriculture
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For the
Government of the Lao People's Democratic Republic:
Vilayvanh Phomkhe
Minister of Agriculture and Forestry
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For the
Government of Malaysia:
Noh Bin Omar
Minister of Agriculture and Agro-Based Industry
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For the
Government of me Republic of the Union of Myanmar:
Ohn Than
Deputy Minister of Agriculture and Irrigation
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For the
Government of the Republic of the Philippines:
Joel S.Rudinas
Undersecretary of Agriculture
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For the
Government of the Republic of Singapore:
Mohamad Maliki Bin Osman
Senior Parliamentary Secretary for National Development and Defence
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For the
Government of the Kingdom of Thailand:
Theera Wongsamut
Minister of Agriculture and Cooperatives
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For the
Government of the Socialist Republic of Viet Nam:
Nguyen Thi Xuan Thu
Vice Minister of Agriculture and Rural Development
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