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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:
07/2020/TB-LPQT
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Hà Nội, ngày 10
tháng 02 năm 2020
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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 Việt Nam và
Chính phủ Nhật Bản về việc tiếp nhận trang thiết bị phân tích dioxin và môi trường
do Chính phủ Nhật Bản tài trợ, ký tại Hà Nội ngày 06 tháng 01 năm 2020, có
hiệu lực từ ngày 06 tháng 01 năm 2020.
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
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Nguyễn Văn Ngự
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Hanoi, January 6, 2020
Excellency,
I have the honour to refer to the recent discussions
held between the representatives of the Government of Japan and of the
Government of the Socialist Republic of Viet Nam (hereinafter referred to as
“the Recipient") concerning Japanese economic cooperation to be extended
with a view to promoting the economic and social development of the Socialist
Republic of Viet Nam, and to propose on behalf of the Government of Japan the
following understanding:
1. For the purpose of contributing to the
implementation of the Economic and Social Development Programme (hereinafter
referred to as “the Programme”) by the Recipient, the Government of Japan shall
extend to the Recipient, subject to the relevant laws and regulations and
budgetary appropriations of Japan, a grant of three hundred million Japanese Yen
(¥ 300,000,000) (hereinafter referred to as “the Grant”).
2. (1) The Grant and its accrued interest shall be
used by the Recipient properly and exclusively for the purchase of the products
and/or services necessary for the implementation of the Programme, enumerated
in a list to be mutually agreed upon between the authorities concerned of the
two Governments (hereinafter respectively referred to as the “Products” and the
“Services”), as well as for the payment of such fees necessary for the
Implementation of the Programme, provided that the Products are produced in
eligible source countries and the Services are provided by nationals of
eligible source countries.
(2) The list mentioned in sub-paragraph (1) above
will be subject to modifications which may be agreed upon between the
authorities concerned of the two Governments.
(3) The scope of the eligible source countries
mentioned in sub-paragraph (1) above shall be agreed upon between the
authorities concerned of the two Governments.
3. (1) The Recipient shall open a yen ordinary
deposit account at a bank in Japan in the name of the Recipient (hereinafter
referred to as “the Account”) within fourteen days after the date of entry into
force of the present understanding and shall notify in writing the Government
of Japan of the completion of the procedure for opening the Account within
seven days after the date of the opening of the Account.
His Excellency
Mr. Nguyen Chi VINH
Head of the standing board of the national steering
committee on overcoming post-war consequences of unexploded ordnances and toxic
chemicals in Viet Nam
(2) The sole purpose of the Account is to receive
the payment in Japanese Yen by the Government of Japan referred to in paragraph
4 as well as to make payments necessary for the purchase of the Products and/or
the Services, and such other payment as may be agreed upon between the
authorities concerned of the two Governments.
4. The Government of Japan shall execute the Grant
by making payment in Japanese Yen of the amount referred to in paragraph 1 to
the Account during the period between the date of receipt of the written
notification referred to in sub-paragraph (1) of paragraph 3 and March 31,
2020. The period may be extended by mutual consent between the authorities
concerned of the two Governments.
5. (1) The Recipient shall take necessary measures:
(a) to ensure that the Grant and its accrued
interest be completely disbursed from the Account to be ready for the purchase
of the Products and/or the Services and for the payment of the fees referred to
in sub-paragraph (1) of paragraph 2 within a period of twelve months after the
date of the execution of the Grant unless the period is extended by mutual
consent between the authorities concerned of the two Governments and to refund
the remaining amount upon the completion of the Programme to the Government of
Japan;
(b) to ensure that customs duties, internal taxes
and other fiscal levies which may be imposed in the country of the Recipient
with respect to the payment carried out for and the income accruing from the
supply of the Products and/or the Services be exempted or be borne by its
designated authority and shall not be covered by the Grant;
(c) to give due environmental and social
consideration in the use of the Grant and its accrued interest;
(d) to present to the Government of Japan a report
prepared in a written form acceptable to the Government of Japan on the
transactions on the Account together with copies of contracts, vouchers and
other documents concerning the relevant transactions without delay when the
Grant and its accrued interest are completely used for the purchase of the
Products and/or the Services and for the payment of the fees referred to in
sub-paragraph (1) of paragraph 2, or upon request by the Government of Japan;
(e) to ensure that the Products and/or the Services
be maintained and used properly and effectively for the implementation of the
Programme, and not be used for military purposes;
(f) to ensure that the Products and/or the Services
be utilized, in principle, by end-users including the Recipient itself, for
non-commercial purposes;
(g) to ensure prompt unloading, customs clearance
and internal transportation in the country of the Recipient of the Products;
(h) to accord the Japanese physical persons and/or
physical persons of third countries, whose services may be required in
connection with the supply of the Products and/or the Services such facilities
as may be necessary for their entry into the country of the Recipient and stay
therein for the performance of their work;
(i) to bear all the expenses, other than those
covered by the Grant and its accrued interest, necessary for the Implementation
of the Programme; and
(j) to provide the Government of Japan with a final
report on the Programme upon its completion.
(2) While ensuring fair treatment of sources of
information, the Recipient shall provide the Government of Japan with necessary
information, including information on corrupt practice, related to the Grant
and its accrued interest.
(3) With regard to the shipping and marine
insurance of the Products, the Recipient shall refrain from imposing any
restrictions that may hinder fair and free competition among the shipping and
marine insurance companies.
(4) The Products and/or the Services shall not be
exported or re-exported from the country of the Recipient.
6. Further procedural details for the
implementation of the present understanding shall be agreed upon through
consultation between the authorities concerned of the two Governments.
7. The two Governments shall consult with each
other in respect of 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 Recipient 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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UMEDA Kunio
Ambassador Extraordinary
and Plenipotentiary of Japan
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Hanoi, January 6, 2020
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 refer to the recent
discussions held between the representatives of the Government of Japan and of
the Government of the Socialist Republic of Viet Nam (hereinafter referred to
as "the Recipient") concerning Japanese economic cooperation to be
extended with a view to promoting the economic and social development of the
Socialist Republic of Viet Nam, and to propose on behalf of the Government of
Japan the following understanding:
1. For the purpose of contributing to the
implementation of the Economic and Social Development Programme (hereinafter
referred to as "the Programme") by the Recipient, the Government of
Japan shall extend to the Recipient, subject to the relevant laws and regulations
and budgetary appropriations of Japan, a grant of three hundred million
Japanese Yen (¥ 300,000,000) (hereinafter referred to as "the
Grant").
2. (1) The Grant and its accrued interest shall be
used by the Recipient properly and exclusively for the purchase of the products
and/or services necessary for the implementation of the Programme, enumerated
in a list to be mutually agreed upon between the authorities concerned of the
two Governments (hereinafter respectively referred to as the "Products"
and the "Services"), as well as for the payment of such fees
necessary for the implementation of the Programme, provided that the Products
are produced in eligible source countries and the Services are provided by
nationals of eligible source countries.
(2) The list mentioned in sub-paragraph (1) above
will be subject to modifications which may be agreed upon between the
authorities concerned of the two Governments.
(3) The scope of the eligible source countries
mentioned in sub-paragraph (1) above shall be agreed upon between the
authorities concerned of the two Governments.
3. (1) The Recipient shall open a yen ordinary
deposit account at a bank in Japan in the name of the Recipient (hereinafter
referred to as "the Account") within fourteen days after the date of
entry into force of the present understanding and shall notify in writing the
Government of Japan of the completion of the procedure for opening the Account
within seven days after the date of the opening of the Account.
His Excellency
Mr. UMEDA Kunio
Ambassador Extraordinary
and Plenipotentiary of Japan
(2) The sole purpose of the Account is to receive
the payment in Japanese Yen by the Government of Japan referred to in paragraph
4 as well as to make payments necessary for the purchase of the Products and/or
the Services/ and such other payment as may be agreed upon between the
authorities concerned of the two Governments.
4. The Government of Japan shall execute the Grant
by making payment in Japanese Yen of the amount referred to in paragraph 1 to
the Account during the period between the date of receipt of the written
notification referred to in sub-paragraph (1) of paragraph 3 and March 31,
2020. The period may be extended by mutual consent between the authorities
concerned of the two Governments.
5. (1) The Recipient shall take necessary measures:
(a) to ensure that the Grant and its accrued
interest be completely disbursed from the Account to be ready for the purchase of
the Products and/or the Services and for the payment of the fees referred to in
sub-paragraph (1) of paragraph 2 within a period of twelve months after the
date of the execution of the Grant unless the period is extended by mutual
consent between the authorities concerned of the two Governments and to refund
the remaining amount upon the completion of the Programme to the Government of
Japan;
(b) to ensure that customs duties, internal taxes
and other fiscal levies which may be imposed in the country of the Recipient
with respect to the payment carried out for and the income accruing from the
supply of the Products and/or the Services be exempted or be borne by its
designated authority and shall not be covered by the Grant;
(c) to give due environmental and social
consideration in the use of the Grant and its accrued interest;
(d) to present to the Government of Japan a report
prepared in a written form acceptable to the Government of Japan on the
transactions on the Account together with copies of contracts, vouchers and
other documents concerning the relevant transactions without delay when the
Grant and its accrued interest are completely used for the purchase of the
Products and/or the Services and for the payment of the fees referred to in
sub-paragraph (1) of paragraph 2, or upon request by the Government of Japan;
(e) to ensure that the Products and/or the Services
be maintained and used properly and effectively for the implementation of the
Programme, and not be used for military purposes;
(f) to ensure that the Products and/or the Services
be utilized, in principle, by end-users including the Recipient itself, for
non-coramerclal purposes;
(g) to ensure prompt unloading, customs clearance
and internal transportation in the country of the Recipient of the Products;
(h) to accord the Japanese physical persons and/or
physical persons of third countries, whose services may be required in
connection with the supply of the Products and/or the Services such facilities
as may be necessary for their entry into the country of the Recipient and stay
therein for the performance of their work;
(i) to bear all the expenses, other than those
covered by the Grant and its accrued interest, necessary for the implementation
of the Programme; and
(j) to provide the Government of Japan with a final
report on the Programme upon its completion.
(2) While ensuring fair treatment of sources of
information, the Recipient shall provide the Government of Japan with necessary
information, including information on corrupt practice, related to the Grant
and its accrued interest.
(3) With regard to the shipping and marine
insurance of the Products, the Recipient shall refrain from imposing any
restrictions that may hinder fair and free competition among the shipping and
marine insurance companies.
(4) The Products and/or the Services shall not be
exported or re-exported from the country of the Recipient.
6. Further procedural details for the
implementation of the present understanding shall be agreed upon through
consultation between the authorities concerned of the two Governments.
7. The two Governments shall consult with each
other in respect of 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 Recipient 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."
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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Nguyen Chi VINH
Head of the standing board of the national steering committee on overcoming
post-war consequences of unexploded ordnances and toxic chemicals in Viet
Nam.
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