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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: 09/2019/TB-LPQT
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Hà Nội, ngày 07
tháng 03 năm 2019
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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:
Thỏa thuận của nước chủ nhà giữa Chính phủ nước
Cộng hòa xã hội chủ nghĩa Việt Nam và Liên hợp quốc, ký tại Niu-oóc, ngày
14 tháng 12 năm 2018, có hiệu lực từ ngày 14 tháng 12 năm 2018.
Bộ Ngoại giao trân trọng gửi bản sao Bản Thỏa
thuận 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
Lê Thị Tuyết Mai
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PHÁI ĐOÀN THƯỜNG
TRỰC
CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM TẠI LIÊN HỢP QUỐC
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PERMANENT MISSION
OF THE SOCIALIST REPUBLIC OF VIET NAM TO THE UNITED NATIONS
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866 U.N. Plaza, 4th
Floor, Suite 435
New York, N.Y.
10017
(212) 644-0594 •
(212) 644-0831
(212) 644-2535 •
(212) 644-1564
Fax (212) 644-5732
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The Permanent Mission of the Socialist Republic
of Viet Nam to the United Nations presents its compliments to the Secretariat
of the United Nations and has the honour to refer to the Host Country Agreement
dated 29 October 2018 concerning training to be conducted in Viet Nam under the
United Nations Triangular Partnership Project for Rapid Deployment of Enabling
Capabilities.
Further to our letter dated 26 October 2018
which was an interim acceptance of the provisions of the said Agreement pending
the final approval from the Office of our Prime Minister, the Permanent Mission
wishes to formally accept the terms and provisions under the referenced
Agreement.
The Permanent Mission and our Government
appreciate the understanding and cooperation of the United Nations Secretariat
in conducting the training in Viet Nam from 5 November to 14 December 2018
based on the interim approval and notes with great satisfaction the success of
the training.
The Permanent Mission of the Socialist
Republic of Viet Nam to the United Nations avails itself of this opportunity to
renew to the Secretariat of the United Nations assurances of its highest
consideration.
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New York, 14
December 2018
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To: United Nations Secretariat
NEW YORK
UNITED NATIONS 
NATIONS UNIES
POSTAL ADDRESS -
ADRESSE POSTALE: UNITED NATIONS. N.Y. 10017
CABLE ADDRESS - ADRESSE
TELEGRAPHIQUE: UNATIONS NEW YORK
Excellency,
I have the honour to refer to the
arrangements concerning the organization of Training to be conducted in Ha Noi,
Socialist Republic of Viet Nam within the framework of the Triangular
Partnership Project for Rapid Deployment of Enabling Capabilities (hereinafter
referred to as the “Training”), for the purpose of peacekeeping operations.
The Training will be organized by the United
Nations, represented by the Department of Field Support (hereinafter referred
to as the “United Nations”), in cooperation with the Government of the
Socialist Republic of Viet Nam represented by the Ministry of Foreign Affairs
(hereinafter referred to as “the Government”).
The Training will be held at 249 Engineer
Brigade, Ba Vi District, Hanoi, Viet Nam. The first course of the Training, a
trial, will be conducted from 5 November to 14 December 2018. Subsequent
courses will be planned and conducted in 2019 and 2020. Participants of the
first Training course are expected to arrive on or about 27 October 2018 and
depart on or about 19 December 2018.
With the present letter, I wish to obtain
your Government’s acceptance that the following terms be applicable in respect
of the Training:
1. The purpose of the Training will be to
provide basic heavy engineering equipment operation and maintenance skills to
representatives (trainees) from a limited number of countries from Asia and
surrounding region to prove the overall concept and gather feedback for the
design and development of the future training courses.
2. The first Training course will be attended
bv the following participants invited by the United Nations:
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His Excellency
Mr. Dang Dinh Quy
Permanent Representative of the Socialist
Republic of Viet Nam to the United Nations
New York
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UNITED NATIONS NATIONS UNIES
(a) up to twenty (20)
representatives (trainees) of Member States nominated by their respective Governments,
including from Viet Nam;
(b) twenty (20) trainers, including support
staff, from Member States:
(c) up to seven (7) interpreters/translators
from Member States;
(d) up to ten (10) observers nominated by
Member States;
(e) up to four (4) United Nations staff
members to assist in the management and conduct of the training; and
(f) up to fifteen (15) additional visitors
for special events such as opening and closing ceremonies.
3. The number of participants for subsequent
courses of the Training will be revised by the United Nations following the
conduct and feedback from the previous courses including the first Training.
The Government will be duly informed.
4. The selection of the participants is made
by the United Nations. A list of participants will be provided to the
Government, following completion of the selection process. The maximum number of
participants for the first Training is expected to be up to seventy-six (76).
5. The United Nations will be responsible
for:
(a) Covering costs of air transportation for
all participants as defined in paragraphs 2 (a), (b), (c) and (e), excluding
the participants from Viet Nam;
(b) Covering costs of local transportation
for all participants as defined in paragraph 2 (a), (b), (c) and (e) including
by arrangement through the Government;
(c) Providing training equipment, training
curriculum, and training aids, including by arrangement through the Government;
(d) Covering costs of office premises,
training venue, maintenance, office supplies, office equipment and services, as
detailed in paragraphs 6 (a), (b), (c), (d), (e), (f), (g), (h) and (i);
(e) Covering costs of equipment rental, as
detailed in paragraph 6 (j), in accordance with the rates listed in the United
Nations Contingent-Owned Equipment Manual (2017 Edition);
(f) Covering costs of accommodation and daily
meals for the participants as defined in paragraphs 2 (a), (b) and (c) above,
based on full board rates negotiated with the Government;
6. The Government will be responsible for:
(a) Providing transportation to all
participants and visitors to and from 1) the international airport in Ha Noi;
2) the training location; 3) the accommodation; and 4) all approved course
activities such as training visits, in coordination with United Nations;
(b) Arranging for all course venues,
including an auditorium with about 100 seats, equipped with public address (PA)
system, video projector with associated computer, screen, audio system, white
board and flipchart with stand;
(c) Arranging for one classroom with seating
for up to 40 people, equipped with classroom furniture, equipment, teaching
aids, and supplies;
(d) Arranging for up to two (2) rooms for
trainers to be used as offices, each equipped with five desktop computers/laptops
in each room with Microsoft Office (in English), Adobe Acrobat, DVD and CDRW
capability, one colour printer, one high speed photocopier, and one
fax/telephone with international and local access for official use. All
computers are to be connected with internet access with the latest licensed
anti-virus software installed, and networked or with secure wifi;
(e) Arranging for one room equipped with ten
computers networked to the Internet and one black and white printer for use by
Training participants (trainees) and support staff;
(f) Arranging for one room furnished with
office furniture for up to four course coordination and administration staff.
The office shall have secure internet access either networked LAN or wifi, one
colour printer in room and also equipped with one high speed photocopier, and
one fax/telephone with international and local access for official use.
(g) Arranging for office supplies, equipment
and services, including stationery, photocopiers), course binders, name badges
and name boards for all participants and documentation as deemed necessary by
the United Nations Project Team;
(h) Arranging for three meals, tea, coffee
and light snack for morning and afternoon breaks for trainers and trainees
accommodated at 249 Engineer Brigade location, and drinking water in living
accommodation and training venues including outdoor training areas, indoor training
areas, and offices.
(i) Arranging for opening and closing
ceremonies (including a Training photograph for all participants);
(j) rranging for the leasing of heavy
engineering equipment under wet lease arrangements and the supply of fuel,
tax-free, for the Training;
(k) Arranging cultural programme(s) for
participants, including visits to historical/cultural sites as determined by
and at the discretion of the Host State, at no cost to the United Nations;
(l) Provision of two support staff for the
Training to provide necessary assistance for the organization of the Training,
including addressing administrative issues prior to and during the Training;
(m) The Government shall make available at
its own cost adequate medical facilities for first aid in emergencies within
the Training area. The cost of hospitalization shall be borne by the patient
through his/her medical insurance;
(n) Providing transportation, as and if
necessary, for trainees from Viet Nam, as detailed in paragraph 2 (a), to 249
Engineer Brigade location before the start of the training and back to their
duty stations after the training; and
7. The costs of participation for those
participants listed in paragraphs 2 (d) and (f) shall be the responsibility of
those individuals and/or their respective organizations.
8. The following terms shall apply to the
Training:
(a) (i) The Convention on the Privileges and
Immunities of the United Nations adopted by the General Assembly on 13 February
1946 (hereinafter referred to as “the Convention”), to which Viet Nam is a party,
shall be applicable in respect of the Training. In particular, representatives
of States will enjoy the privileges and immunities accorded under Article IV of
the Convention. The participants invited by the United Nations shall enjoy the
privileges and immunities accorded to experts on mission for the United Nations
under articles VI and VII of the Convention. Officials of the United Nations
participating in or performing functions in connection with the Training shall
enjoy the privileges and immunities provided under articles V and VII of the
Convention, Officials of the Specialized Agencies participating in the Training
shall be accorded the privileges and immunities provided under articles VI and
VIII of the Convention on the Privileges and Immunities of the Specialized
Agencies, adopted by the General Assembly, on 21 November 1947;
(ii) Without prejudice to the provisions of
the Convention, all participants and persons performing functions for the
United Nations in connection with the Training shall enjoy such privileges and
immunities, facilities and courtesies as are necessary for the independent
exercise of their functions in connection with the Training;
(iii) Personnel provided by the Government
pursuant to this Agreement shall enjoy immunity from legal process in respect
of words spoken or written or any act performed by them in their official
capacity in connection with the Training.
(b) All participants and all persons
performing functions in connection with the Training shall have the right to
unimpeded entry and exit from the Socialist Republic of Viet Nam, Visas and
entry permits, where required, shall be granted free of charge. When
applications are made four weeks before the opening of the Training, visas
shall be granted not later than two weeks before the opening of the Training.
If the application is made less than four weeks before the opening, visas shall
be granted as speedily as possible and not later than three days before the
opening. Arrangements shall also be made to ensure that visas for the duration
of the Training are delivered at the airport of arrival to those who are unable
to obtain them prior to their arrival. Exit permits, where required, shall be
granted free of charge, as speedily as possible and in any case not later than
three days before the closing of the Training.
9. The Government shall furnish security and
safety services as may be required to ensure the effective conduct of the
Training in an atmosphere of security and tranquillity free from interference
of any kind. While security and safety services shall be under the supervision
and control of a senior officer provided by the Government, this officer shall
work in close co-operation with a designated senior official of the United
Nations.
10. The Government shall be responsible for
dealing with any action, claim or other demand against the United Nations or
its officials and arising out of:
(a) injury to persons or damage to or loss of
property in the Training premises that are provided by or are under the control
of the Government for the Training;
(b) injury to persons or damage to or loss of
property caused by, or incurred in using the transportation services provided
by or are under the control of the Government;
(c) the employment for the Training of personnel
provided or arranged by the Government
The Government shall indemnity and hold
harmless the United Nations and its officials in respect of any such action,
claim or other demand.
11. Any dispute concerning the interpretation
or implementation of this Agreement, except for a dispute subject to Section 30
of the Convention or to any other applicable agreement, shall, unless the
Parties otherwise agree, be resolved by negotiations or any other agreed mode
of settlement. Any such dispute that is not settled by negotiations or any
other agreed mode of settlement shall be submitted at the request of either
Party for a final decision to a tribunal of three arbitrators, one of whom
shall be appointed by the Secretary-General of the United Nations, one by the Government,
and the third, who shall be the Chairperson, by the other two arbitrators. If
either Party does not appoint an arbitrator within three months of the other
Party having notified the name of its arbitrator or if the first two
arbitrators do not within three months of the appointment or nomination of the
second one of them appoint the Chairperson, then such arbitrators shall be
nominated by the President of the International Court of Justice at the request
of either Party to the dispute. Except as otherwise agreed by the Parties, the
tribunal shall adopt its own rules of procedure, provide for the reimbursement
of its members and the distribution of expenses between the Parties, and take
all decisions by a two-thirds majority. Its decision on all questions of
procedure and substance shall be final and, even if rendered in default of one
of the Parties, be binding on both of them.
12. This Agreement shall be applicable mutatis
mutandis to all subsequent trainings in Viet Nam within the framework of
the Triangular Partnership Project for Rapid Deployment of Enabling
Capabilities in 2019 and 2020. The United Nations and the Government will enter
into ad hoc agreements regarding organizational and financial matters in
relation to each of those subsequent trainings.
I further propose that upon receipt of your
Government’s confirmation in writing of the above, this letter and your reply
thereto shall constitute an Agreement between the United Nations and the
Socialist Republic of Viet Nam on the holding of the trainings pursuant to the
Triangular Partnership Project, which shall enter into force on the date of
your reply and shall remain in force until the completion of the last training
and for such additional period as is necessary for all matters relating to any
of its provisions to be settled.
Please accept, Excellency, the assurances of
my highest consideration.
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Atul Khare
Under-Secretary-General
for Field Support
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