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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:
30/2017/TB-LPQT
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Hà Nội, ngày 29
tháng 6 năm 2017
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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 giữa Chính phủ nước Cộng hòa xã hội chủ
nghĩa Việt Nam và Chính phủ Hung-ga-ri về việc thiết lập chương trình khung cho
hợp tác tài chính, ký tại Hà Nội ngày 12 tháng 01 năm 2017, có hiệu lực với
Việt Nam kể từ ngày 25 tháng 6 năm 2017.
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
Lê Hải Triều
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FRAMEWORK AGREEMENT
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF
HUNGARY ABOUT THE ESTABLISHMENT OF A FRAMEWORK PROGRAMME FOR FINANCIAL
CO-OPERATION
The Government of the Socialist Republic of Viet Nam
and the Government of Hungary (hereinafter referred to as: Contracting Parties)
agree about the mutually advantageous extension of the economic relationship
and promotion of the development co-operation as follows:
Article
1
Definitions
For the purpose of this Agreement:
a) tied aid credit: export credit tied to
procurement of goods and/or services originating from Hungary and supported
officially through interest rate support and insurance with a concessionality
level not less than 35 per cent;
b) mixed credits: associated financing
packages of concessionary credits mixed with grants. The overall
concessionality level of a package set forth in the OECD rules is calculated on
the basis of the interest subsidy and the grant part, the latter may include but
not exceed the amount of the risk premium;
c) concessionality level: the difference
between the nominal value of the tied aid credit and the discounted present
value of the future debt service payable by the borrower, expressed as a
percentage of the nominal value of the tied aid credit;
d) nominal value of the tied aid: the total
value of the project financed in the frame of the tied aid credit along with
the risk premium for the credit repayment excluding interests;
e) grant element: the part of the tied aid
credits nominal capital value, non-repayable by the borrower;
f) OECD Arrangement: OECD Arrangement on
Officially Supported Export Credits effective on the day of contracting;
g) starting point of credit: to be
determined according to the list of definitions set out in the m) point
of Annex XIV. of the OECD Arrangement;
h) DDR: Differential Discount Rate used for
calculating the concessionality level of tied aid, determined by the OECD;
i) ODA: Official Development Assistance;
j) MOF: The Ministry of Finance of Viet Nam,
representing the Government of the Socialist Republic of Viet Nam;
Article
2
Establishment
of the framework programme for financial co-operation
The Government of Hungary, in accordance with its
international development co-operation policy, offers a non-refundable official
support through interest rate support and grant element, to tied aid credits
(further on: tied aid credit line) disbursed by the Hungarian Export-Import
Bank Pte. Ltd. (further on: Eximbank) with the framework conditions set out in
the present Agreement, available for financing included in the development aims
of high importance of the Socialist Republic of Viet Nam.
The Government of the Socialist Republic of Viet
Nam accepts the tied aid credit line and, acting in accordance with the legal
normative documents of Viet Nam and international treaties to which Viet Nam is
a member, supports the realisation of the present framework program of tied aid
credit.
Contracting Parties express their willingness with
respect to the participants of the credit transactions belonging to the present
tied aid credit line and will confirm by declarations that pursuant to the
provisions of the action statement of the OECD on, Bribery and officially
supported export credits” they did not participate in any bribery in relation
to the transactions and they are not aware of any corruption.
Article
3
Amount
of the tied aid credit line and its financial conditions
The total value of the projects financed under the
tied aid credit line is maximum 440 Million EUR. The firm commitment arises on
the basis of the individual credit agreement concluded between MOF and Eximbank
as stipulated in Article 7 of this Agreement.
The concessionality level of credit payable under
the tied aid credit line shall be not less than 35% in conformity with the OECD
Arrangement.
Tenor of the credit disbursed under the tied aid
credit line shall not exceed 26.5 (twenty six and a half) years, which includes
2 (two) year grace period and 24.5 (twenty four and a half) years repayment
period. The first repayment is due 30 (thirty) months from the starting point
of credit as defined in the OECD Arrangement. The interest rate is 0.00 (zero)
% per annum.
The disbursement period of credit disbursed under
the tied aid credit line will be stipulated in the individual credit agreement
depending on the particular projects. The disbursement period for the
individual credits shall not exceed 3.5 (three and a half) years.
Relating to the credit disbursed under the tied aid
credit line, a risk premium stipulated in the individual credit agreement will
be calculated in line with the OECD Arrangement and will be officially
supported and counted in as a grant part of the mixed credit.
Article
4
Utilisation
of the tied aid credit line
The tied aid credit line can be utilised for the
realisation of projects not objected by signers of the OECD Arrangement during
the procedure in conformity with the acceptance rules of the OECD Arrangement
and the consultation procedure, respectively.
Contracting Parties agree that the Government of
the Socialist Republic of Viet Nam will apply the tied aid credit line for
priority areas specified in the Appendix forming an integral part of this
Agreement.
The selected projects shall be realised by Hungarian
exports through companies registered in Hungary. The financing realised under
the tied aid credit line may include the foreign content in cases if at least
50 per cent of the export realised by companies registered in Hungary qualifies
as of Hungarian origin performed on the territory of the Socialist Republic of
Viet Nam.
The Government of the Socialist Republic of Viet
Nam or the organisation appointed by it for realisation of the projects under
priority areas specified in the Appendix, in conformity with its legislation,
acting in accordance with generally accepted principles and good procurement
practices and Viet Namese procurement procedures, gives the Ministry of Foreign
Affairs and Trade of Hungary information about its decisions.
Article
5
Acceptance
procedure
The Contracting Parties, for acceptance of the
projects financed under the credit line as per this Agreement, will follow the
procedure below:
a) The exporter and the importer elaborate the
export contract on the realisation of the projects.
b) The Relevant Agency of Viet Nam approves the
export contract concluded in conformity with the Viet Nam Law on Procurement
and the Vietnamese regulations on management and utilization of ODA and gives a
written notice about this to Ministry of Foreign Affairs and Trade of Hungary
and Eximbank of Hungary.
c) Eximbank confirms in writing the start of the
negotiation about the individual credit agreement based on the export contract
approved by the Agency of Viet Nam.
Article
6
Disbursement
of the tied aid credit
Detailed conditions of the tied aid credit provided
to finance the projects accepted by the Contracting Parties is to be stipulated
in the individual credit agreement between MOF in accordance with the
provisions laid down in Article 7 on the one part and Eximbank as the lender on
the other.
Eximbank, for the account of its own resources,
lends, up to the amount of credit line agreed in this Agreement, concessional
credit to MOF for the realisation of the accepted projects. The measure of the
financing is 100 per cent of the value of the accepted projects and the amount
of the grant element.
Commercial and political risks of the tied aid
credit will be insured by the Hungarian Export Credit Insurance Pte. Ltd.
(further on: MEHIB).
Eximbank and MEHIB, in accordance with the
international obligations, notify beforehand their intention to lend tied aid
credit related to the particular projects. After successful execution of the
procedure of approval Eximbank gives notes to the importer/buyer and the exporter,
and the Contracting Parties, respectively.
Article
7
Conditions
of the individual credit agreement
The Government of the Socialist Republic of Viet
Nam based on the signed individual credit agreement shall secure the repayment
obligation as agreed by the Contracting Parties and shall set aside the amount
of its payment obligation in the actual year in its state budget.
Eximbank and MEHIB shall conclude a credit
insurance contract complying with the conditions fixed by the Hungarian law in
force.
Article
8
Taxes,
fees
The Contracting Parties are obliged to pay the
taxes, fees and other public charges arising on the basis of the execution of
this Agreement in their own country. These costs cannot be paid from the
individual tied aid credits and they cannot be separated.
Costs arising during the individual credit
agreement shall be paid by the parties of the credit agreement in their own
country and they cannot be charged on the individual tied aid credit.
During the reimbursement of the loan the amounts to
be paid cannot be decreased by the tax levied by the Socialist Republic of Viet
Nam or other amounts arising as a result of other payment obligations.
Regarding any taxes relevant for this Agreement and
the individual credit agreement the Agreement on Avoiding Double Taxation
between the Socialist Republic of Viet Nam and Hungary should be respected.
The Government of Socialist Republic of Viet Nam
ensures all the licences - if any - necessary for the start and execution of
the project by the time of the signing of the individual credit agreement.
Article
9
Dispute
Settlement
The Contracting Parties shall settle any dispute in
connection with this Agreement in the course of direct negotiations.
Article
10
Closing Provisions
a) The Contracting Parties shall notify each
other in writing through diplomatic channels that they have fulfilled the
internal legal procedures necessary for the coming into force of this
Agreement. The present Agreement shall come into force on the 30th (thirtieth)
day after the receipt of the latter note.
b) This Agreement shall be valid for a
period of two (02) years from the date of its coming into force and shall be
automatically renewed for period of one (01) year, unless one Party informs the
other of its decision to terminate it, by means of a written notification at
least three (03) months before expiry.
c) Provisions of this Agreement, even after
their expiry, shall be applicable for those projects accepted and financed on the
basis of the individual credit agreement concluded according to this Agreement.
d) This Agreement may be cancelled upon
agreement of Contracting Parties in writing through diplomatic channels. In
this case the Agreement shall abate on 60th (sixtieth) day of the other
Contracting Party’s receipt of the notification about cancellation.
e) The Contracting Parties may amend or
supplement this Agreement by mutual consent. These amendments and supplements
shall come into force according to point a) of this Article.
Signed in Hanoi on the day of 12 th January
in 2017, in English language, in two originals.
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For the Government of the Socialist Republic
of Viet Nam
Nguyen The Phương
Deputy Minister
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For the Government of Hungary
Dr. Craba BALOGH
State Secretary
Minister of Foreign Affairs and Trade of Hungary
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APPENDIX
ONE
LIST OF PRIORITY AREAS FOR REALISATION UNDER THE
AGREEMENT BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE
GOVERNMENT OF HUNGARY ON THE ESTABLISHMENT OF AFRAMEWORK PROGRAMME FOR
FINANCIAL CO-OPERATION
1. Health care infrastructure
2. Environment protection and adoption to climate
change
3. Public water supply/sewage treatment
4. Public administration (population registration)
5. Agricultural infrastructure
6. Educational infrastructure including vocational
training
7. Elimination of the consequences of war