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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:
82/2011/TB-LPQT
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Hà
Nội, ngày 30 tháng 12 năm 2011
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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:
Công hàm trao đổi giữa Chính
phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Nhật Bản về việc Chính
phủ Nhật Bản cung cấp khoản ODA vốn vay giá trị sáu mươi mốt tỷ sáu trăm năm
mươi triệu Yên (61.650.000.000 Yên) dành cho Chính phủ Việt Nam thực hiện Dự án
đường cao tốc Bắc-Nam (đoạn Bến Lức-Long Thành), Dự án sử dụng vệ tinh quan sát
trái đất để phòng chống thiên tai và biến đổi khí hậu và Dự án xây dựng nhà máy
điện Nghi Sơn, ký tại Hà Nội ngày 31 tháng 10 năm 2011, có hiệu lực kể từ
ngày 31 tháng 10 năm 2011.
Bộ Ngoại giao trân trọng gửi Bản
sao Công hàm trao đổi 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
|
Tokyo, October 31, 2011
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 stabilization and development efforts of the
Socialist Republic of Viet Nam:
1. A loan in
Japanese yen up to the amount of sixty-one billion six hundred and fifty
million yen (¥61,650,000,000) (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 by the Japan
International Cooperation Agency (hereinafter referred to as "JICA")
for the purpose of implementing the projects enumerated in Column 1 of the
Annex attached hereto (hereinafter referred to as "the Annex")
according to the allocation for each project as specified in Column 2 of the Annex.
2. (1) The Loan
will be made available by loan agreements to be concluded between the
Government of the Socialist Republic of Viet Nam and J1CA. The terms and
conditions of the Loan as well as the procedures for its utilization will be
governed by the said loan agreements, within the scope of the present
understanding, which will contain, inter alia, the rate of interest, the
repayment period and the disbursement period enumerated respectively in Columns
3, 4 and 5 of the Annex.
(2) Each of the
loan agreements mentioned in sub-paragraph (1) above will be concluded after
JICA is satisfied of the feasibility, including environmental consideration, of
the projects enumerated in Column 1 of the Annex to which such loan agreements
relate.
(3) The
respective disbursement periods enumerated in Column 5 of the Annex 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
agencies 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
projects enumerated in Column 1 of the Annex, 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 projects enumerated in Column 1 of the Annex.
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 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. The
Government of the Socialist Republic of Viet Nam shall exempt:
(a) 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; and
(b) Japanese
companies operating as suppliers, contractors and/or consultants from-all
duties and related fiscal charges imposed in the Socialist Republic of Viet Nam
with respect to the import and re-export of their own materials and equipment
needed for the implementation of the projects enumerated in Column 1 of the
Annex.
8. The
Government of the Socialist Republic of Viet Nam shall take necessary measures
to:
(a) ensure that
the Loan be used properly and exclusively for the projects enumerated in Column
1 of the Annex;
(b) ensure and
maintain the safety of persons engaged in the implementation of the projects
enumerated in Column 1 of the Annex 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 be 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 projects
enumerated in Column 1 of the Annex; and
(b) any other
information, including information on corrupt practice, related to the projects
enumerated in Column 1 of the Annex.
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.
11. The Annex
shall form an integral part of the present Note.
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.
His Excellency
Mr. Bui
Quang Vinh
Minister of
Planning and Investment of the Socialist Republic of Viet Nam
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|
Yasuaki
Tanizaki
Ambassador
Extraordinary and Plenipotentiary of Japan to the Socialist Republic of Viet Nam
|
ANNEX
|
Column
1
|
Column
2
|
|
Column
3
|
Column
4
|
Column
5
|
|
Project
|
Maximum
amount
|
|
Rate
of interest
|
Repayment
period
|
Disbursement
period (after the effective date of the loan agreement)
|
|
1. North-South Expressway Construction
Project (Ben Luc -Long Thanh Section) (I)
|
14,093
million Yen
|
|
0.2%
|
thirty
(30) years after the grace period of ten (10) years
|
five
(5) years
|
|
The part concerning payments
to consultants
|
0.01%
|
|
|
|
2. Project
for Disaster and Climate Change Countermeasures Using Earth Observation
Satellite (I)
|
7,227 million Yen
|
|
0.2%
|
thirty (30) years after the grace period of ten (10)
years
|
seven (7) years
|
|
The part concerning payments
to consultants
|
0.018
|
|
3. Nghi
Son Thermal Power Plant Construction Project(III)
|
40,330 million Yen
|
|
1.4%
|
twenty (20) years after the grace period of ten (10)
years
|
seven (7) years
|
|
The part concerning payments
to consultants
|
0.01%
|
Total amount: 61,650 million Yen
|
MINISTRY
OF PLANNING AND INVESTMENT
OF SOCIALIST REPUBLIC OF VIET NAM
|
|
Tokyo, October 31, 2011
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 stabilization and development efforts of the
Socialist Republic of Viet Nam:
1. A loan in
Japanese yen up to the amount of sixty-one billion six hundred and fifty
million yen (¥61,650,000,000) {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 by the Japan
International Cooperation Agency (hereinafter referred to as "JICA")
for the purpose of implementing the projects enumerated in Column 1 of the
Annex attached hereto (hereinafter referred to as "the Annex")
according to the allocation for each project as specified in.Column 2 of the
Annex.
2. (1) The Loan
will be made available by loan agreements to be' concluded between the
Government 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 agreements, within the scope of the present
understanding, which will contain, inter alia, the rate of interest, the
repayment period and the disbursement period enumerated respectively in Columns
3, 4 and 5 of the Annex.
(2) Each of the
loan agreements mentioned in sub-paragraph (1) above will be concluded after
JICA is satisfied of the feasibility, including environmental consideration, of
the projects enumerated in Column 1 of the Annex to which such loan agreements
relate.
The respective
disbursement periods enumerated in Column 5 of the Annex 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
agencies 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
projects enumerated in Column 1 of the Annex, 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 projects enumerated in Column 1 of the Annex.
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 Co 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 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. The
Government of the Socialist Republic of Viet Nam shall exempt:
(a) 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; and
(b) Japanese
companies operating as suppliers, contractors and/or consultants from all
duties and related fiscal charges imposed in the Socialist Republic of Viet Nam
with respect to the import and re-export of their own materials and equipment
needed for the implementation of the projects enumerated in Column 1 of the
Annex.
8. The
Government of the Socialist Republic of Viet Nam shall take necessary measures
to:
(a) ensure that
the Loan be used properly and exclusively for the projects enumerated in Column
1. of the Annex;
(b) ensure and
maintain the safety of persons engaged in. the implementation of the projects
enumerated in Column 1 of the Annex 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 be 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 projects
enumerated in Column 1 of the Annex; and
(b) any other
information, including information on corrupt practice, related to the projects
enumerated in Column 1 of the Annex.
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.
11. The Annex
shall form, an integral part of the present Note.
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.
His Excellency
Mr. Yasuaki
Tanizaki
Ambassador
Extraordinary and Plenipotentiary of Japan
|
|
Bui
Quang Vinh
Minister
of Planning and Investment of the Socialist Republic of Viet Nam
|
ANNEX
|
Column
1
|
Column
2
|
|
Column
3
|
Column
4
|
Column
5
|
|
Project
|
Maximum
amount
|
|
Rate
of interest
|
Repayment
period
|
Disbursement
period (after the effective date of the loan agreement)
|
|
1.
North-South Expressway Construction Project (Ben Luc -Long Thanh Section) (1)
|
14,093 million Yen
|
|
0.2%
|
thirty (30) years after the grace period of ten (10)
years
|
five (5) years
|
|
The part concerning payments
to consultants
|
0.01%
|
|
2. Project
for Disaster and Climate Change Countermeasures Using Earth Observation
Satellite (I)
|
7,227 million Yen
|
|
0.2%
|
thirty (30) years after the grace period of ten (10)
years
|
seven (7) years
|
|
The part concerning payments
to consultants
|
0.01%
|
|
3. Nghi
Son Thermal Power Plant Construction Project (IIl)
|
40,330 million Yen
|
|
1.4%
|
twenty (20) years after the grace period of ten (10)
years
|
seven (7) years
|
|
The part concerning payments
to consultants
|
0.01%
|
Total amount: 61,650 million Yen