|
BỘ NGOẠI GIAO
-------
|
CỘNG HÒA XÃ HỘI
CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
---------------
|
|
Số:
02/2022/TB-LPQT
|
Hà Nội, ngày 17
tháng 01 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:
Nghị định thư giữa Chính phủ nước Cộng hòa xã hội
chủ nghĩa Việt Nam và Tòa trọng tài thường trực về việc thành lập của Văn phòng
đại diện của Tòa trọng tài thường trực tại Việt Nam, ký tại Hà Nội ngày 27
tháng 10 năm 2021, có hiệu lực ngày 27 tháng 10 năm 2021.
Bộ Ngoại giao trân trọng gửi bản sao Nghị định thư
theo quy định tại Điều 59 của Luật nêu trên./.
|
|
KT. BỘ TRƯỞNG
VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
Lê Đức Hạnh
|
PROTOCOL
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE PERMANENT COURT OF
ARBITRATION ON THE ESTABLISHMENT OF THE PERMANENT COURT OF ARBITRATION
REPRESENTATIVE OFFICE IN VIET NAM
The Government of the Socialist Republic of Viet Nam
(hereinafter the "Government") and the Permanent Court of Arbitration
(hereinafter the "PCA", and together, the "Parties"),
With reference to the Host Country Agreement
between the Government of the Socialist Republic of Viet Nam and the Permanent
Court of Arbitration. Signed in Ha Noi, Viet Nam, on 23 June 2014 (hereinafter
the “Agreement ”),
Recalling paragraph 1 of Article 3 of the
Agreement, which provides: “The Socialist Republic of Viet Nam shall be a host
country for the PCA. As a host country, the Government shall strive to
facilitate the work of the PCA in the peaceful resolution of international
disputes through arbitration, mediation, conciliation, and fact-finding
commissions of inquiry and in providing other appropriate assistance regarding its
peaceful resolution of international disputes in the Socialist Republic of Viet
Nam to governments, inter-governmental organizations, and other entities.”,
In connection with the ongoing efforts in
furthering the cooperation between the Government and the PCA under the
Agreement,
HAVE AGREED THAT:
Article
1
(1) The PCA will establish a representative office
in Viet Nam (hereinafter the “PCA Viet Nam Office”). The PCA Viet Nam
Office is an organ of the PC A and is subject to the direction of the Secretary-General.
(2) The PCA Viet Nam Office shall have the legal
capacity necessary to fulfill its objectives and perform its functions in Viet
Nam in conformity with the provisions of this Protocol and the Agreement.
Article
2
(1) One or more PCA legal officers will be posted
at the PCA Viet Nam Office in Ha Noi in the near future (hereinafter the “Viet
Nam- based PCA Officials”). The number of Viet Nam-based PCA Officials and
the time at which they will commence their functions will be determined by the
PCA in consultation with the Government. Notwithstanding the funding
arrangements set out in this Protocol, the Viet Nam-based PCA Officials shall
be selected solely by the PCA and will remain at all times under the sole
employment and control of the PCA. Their term of office will be those generally
applicable to PCA employees of the same seniority, subject to such
modifications as may be agreed between the Government and the PCA from time to
time.
(2) The responsibilities of the Viet Nam-based PCA
Officials will include, but not be limited to, assisting with the discharge of
the Secretary- General's functions as well as assisting with the promotion of
PCA dispute resolution services and the promotion of Viet Nam as a venue for
the resolution of international disputes through arbitration, mediation,
conciliation, and fact-finding commissions of inquiry.
(3) To allow the Viet Nam-based PCA Officials to
discharge their responsibilities, the Government shall grant Viet Nam-based PCA
Officials the privileges and immunities extended to PCA Officials in accordance
with the Agreement. In addition, the Government undertakes that, with effect
from the date on which the said Viet Nam-based PCA Officials assume their
functions in Viet Nam, the Government will:
(a) pay on an annual basis, towards staff salary
costs, an amount which is equivalent to the annual salary for one person
provided in the latest salary scale for OECD (Organisation for Economic
Co-Operation and Development) staff - basic salary scale for staff. Grade A3, step
3, posted in the Netherlands (salary expressed in Euros):
(b) pay a monthly housing allowance for the Viet
Nam-based PCA Officials (except where the PCA legal officer posted to Viet Nam
is a national or permanent resident of Viet Nam):
(c) pay a monthly transport allowance;
(d) pay on an annual basis, for travel expenses for
official missions approved by the Secretary-General for the Viet Nam-based PCA
Officials, such amount being intended to cover at least two return business
class airfares between the Hague and Ha Noi:
(e) pay an annual promotional materials and travel
budget to be applied to the Viet Nam-based PC A Officials' work on the
promotion in the region of the PCA services and the promotion of Ha Noi as a
venue for the resolution of international disputes, including printing and
translation, brochures, banners, airfare and accommodation for domestic and
regional flights for the Viet Nam-based PCA Officials' attendance at
arbitration-related conferences or seminars, the use of the travel budget shall
be subject to approval by the Secretary-General;
(f) pay an annual budget for furniture, equipment,
stationery and other office supplies;
(e) pay a monthly budget for public utilities for
the PC A Viet Nam Office:
(h) pay a monthly budget for secretarial and
care-taker services;
(i) provide office space as may reasonably be
deemed necessary by the Viet Nam-based PCA Officials and grant the office space
the privileges and immunities as indicated in Article 5 of the Agreement.
(4) The PCA Viet Nam Office shall use services and
equipment available in Viet Nam. To this end, PCA will advise and cooperate
with the Government on developing capacity for supporting services needed for
international arbitration, mediation and conciliation.
(5) The PCA shall inform the Government at least 15
days prior to the arrival and departure or the termination of functions of any
Viet Nam-based PCA Official.
(6) The Ministry of Foreign Affairs of the
Socialist Republic of Viet Nam shall serve as the contact point for the Government
to coordinate on behalf of the Government with the PCA Viet Nam Office on all
issues that may arise with respect to the implementation of this Protocol and
the Agreement.
Article
3
The Government shall take all appropriate steps to
protect the PCA Viet Nam Office. The Government shall ensure the security and
tranquility of the PCA Viet Nam Office and protect against any intrusion,
disturbance of the peace or impairment of the dignity of the PCA Viet Nam
Office. As may be required for this purpose, the Government shall provide
adequate physical protection on the boundaries and in the vicinity of the PCA
Viet Nam Office. In all cases, security arrangements shall be made in
consultation with the Secretary-General or a Viet Nam-based PCA Official designated
as representative of the Secretary-General.
Article
4
The Government shall not, by reasons of the
location of the PCA Viet Nam Office within its territory, incur any
international responsibility for acts or omissions of the PCA or of Officials
of the PCA acting or abstaining from acting within their functions, other than
the international responsibility that may arise from the fact that the
Socialist Republic of Viet Nam is a Contracting Party to the 1899 and 1907
Conventions.
Article
5
(1) The PCA Viet Nam Office and each and every Viet
Nam-based PCA Official and individual staff of the PCA Viet Nam Office shall:
(a) Respect the laws, regulations of Viet Nam;
(b) Not interfere in the internal affairs and abuse
the title of the PCA to have an act harmful to the security, politics,
independence, sovereignty and territorial integrity of Viet Nam;
(c) Not be engaged, for personal profit, in any
professional or commercial activity in Viet Nam;
(d) Not use their premises or assets in any manner
incompatible with their functions or capacities.
(2) Local staff recruited by the PCA Viet Nam
Office who are nationals or permanent residents of Viet Nam shall only be
entitled to the immunities spelt out in paragraphs 2(a) and 2(b) of Article 6
of the Agreement.
(3) The Secretary-General shall take every
precaution to ensure that no abuse of the privileges and immunities provided
for under this Protocol shall occur.
(4) In case of abuse committed by the individuals
referred to under this Protocol in the course of activities carried out in Viet
Nam outside of their official duties, or in violation of their residency
obligations according to the legislation of Viet Nam, the Agreement and the
Protocol, the Government may require these persons to leave Viet Nam provided
that:
(a) in case of persons entitled to diplomatic
privileges and immunities, as well as exemptions and facilities under this
Protocol, they shall not be required to leave Viet Nam other than according to
the diplomatic procedure applicable to diplomatic envoys accredited to Viet
Nam; and
(b) in case of other individuals to whom Article 2
of the Protocol is not applicable, no order to leave Viet Nam shall be issued
unless the Ministry of Foreign Affairs of the Socialist Republic of Viet Nam
has approved it and the Secretary-General has been notified beforehand.
Article
6
Any dispute among the Parties to this Protocol
shall be resolved in accordance with the procedures provided for in Article 15
of the Agreement.
Article
7
At the request of the Government or the PCA,
consultations shall be entered into with respect to the modification of this
Protocol. Any modification shall be made in writing by mutual consent of the
Parties.
Article
8
(1) This Protocol shall enter into force on the
date of signature and constitute an integral part of the Agreement.
(2) This Protocol may be terminated:
(a) by mutual consent of the PCA and the
Government; or
(b) by either Party by giving notice to the other
Party at least one year in advance of the effective date of termination.
IN WITNESS WHEREOF, the undersigned, being
duly authorised thereto, have signed this Protocol.
Done on 27th October 2021, only in English, in two
authentic copies.
|
FOR THE
GOVERNMENT OF
THE SOCIALIST REPUBLIC OF VIET NAM
PHAM QUANG HIEU
Deputy Minister of Foreign Affairs
|
FOR THE
PERMANENT COURT OF ARBITRATION
HUGO H. SIBLESZ
Secretary-General
|