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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:
08/2020/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 nước Cộng hòa
xã hội chủ nghĩa Việt Nam và Chính phủ Nhật Bản cho khoản vay của Dự án Thoát
nước và xử lý nước thải thành phố Hạ Long, 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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MINISTRY OF FOREIGN AFFAIRS OF JAPAN
Hanoi, January 6,
2020
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
eleven billion eight hundred and ninety-one million yen (¥11,891,000,000)
(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 Ha Long city Drainage and Wastewater Treatment Project
(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 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 thirty (30) years
after the grace period of ten (10) years;
(b) The rate of interest will be nought point three
per cent (0.3%) per annum;
His Excellency Mr. Dinh Tien Dung
Minister of Finance
of the Socialist Republic of Viet Nam
(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 consideration.
(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 be 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, be 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 be 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 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 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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MOTEGI Toshimitsu
Minister for Foreign Affairs of Japan
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MINISTRY OF FINANCE OF SOCIALIST REPUBLIC OF
VIET NAM
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 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
eleven billion eight hundred and ninety-one million yen (¥11,891,000,000)
(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 Ha Long City Drainage and Wastewater Treatment Project (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 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 thirty (30) years
after the grace period of ten (10) years;
(b) The rate of interest will be nought point three
per cent (0.3%) per annum;
His Excellency Mr. MOTEGI Toshimitsu
Minister for Foreign Affairs of Japan
(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 consideration.
(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 be 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, be 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 be 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 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 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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Dinh Tien Dung
Minister of Finance
of the Socialist Republic of Viet Nam
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