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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: 29/2023/TB-LPQT
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Hà Nội, ngày 28 tháng 11 năm 2023
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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:
Công
hàm trao đổi giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ
Nhật Bản cho khoản vay của Dự án "Cải tạo hạ tầng giao thông công cộng tại
tỉnh Bình Dương", ký tại Hi-rô-xi-ma ngày 21
tháng 5 năm 2023, có hiệu lực từ ngày 21 tháng 5 năm 2023.
Bộ Ngoại giao trân trọng
gửi bản sao Công hàm theo quy định tại Điều 59 của Luật nêu
trên./.
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TL. BỘ TRƯỞNG
VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Nguyễn Lương Ngọc
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MINISTRY OF FINANCE
THE SOCIALIST REPUBLIC OF VIETNAM
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Hiroshima, May 21, 2023
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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 stabilisation and development efforts of the
Socialist Republic of Viet Nam:
1. A loan in Japanese
yen up to the amount of six billion two hundred and forty-four million yen
(¥6,244,000,000) (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 Public Transport Infrastructure Improvement Project in Binh
Duong Province (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 twenty (20) years after the grace period of ten (10) years;
(b) The rate of
interest will be one point one five per cent (1.15%) per annum;
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His
Excellency
Mr, HAYASHI Yoshimasa
Minister for Foreign Affairs
of Japan
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(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 nine (9) 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
considerations.
(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 fox 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 to:
(a) ensure that the
Loan is used properly and exclusively for the Project;
(b) 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; and
(c) ensure that the
facilities constructed under the Loan are maintained and used properly and
effectively for the purpose prescribed in the present understanding.
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 Project; 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.
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Ho Duc Phoc
Minister of Finance
of the Socialist Republic
of Viet Nam
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Hiroshima,
May 21, 2023
Excellency,
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 stabilisation and development efforts of the
Socialist Republic of Viet Nam:
1. A loan in Japanese
yen up to the amount of six billion two hundred and forty-four million yen
(¥6,244,000,000) (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 Public Transport Infrastructure Improvement Project in Binh
Duong Province (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 twenty (20) years after the grace period of ten (10) years;
(b) The rate of
interest will be one point one five per cent (1.15%) per annum;
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His
Excellency
Dr. Ho Duc Phoc
Minister of Finance
of the Socialist Republic of Viet Nam
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(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 nine (9) 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
considerations.
(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 to:
(a) ensure that the
Loan is used properly and exclusively for the Project;
(b) 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; and
(c) ensure that the
facilities constructed under the Loan are maintained and used properly and
effectively for the purpose prescribed in the present understanding.
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 Project; 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 avail myself of
this opportunity to extend to Your Excellency the assurance of my highest
consideration.
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HAYASHI Yoshimasa
Minister for Foreign Affairs
of Japan
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