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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:
22/2019/TB-LPQT
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Hà Nội, ngày 10
tháng 5 năm 2019
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THÔNG BÁO
VỀ
HIỆU LỰC CỦA ĐIỀU ƯỚC QUỐC TẾ
Thực hiện quy định tại điều 56 của
Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:
Hiệp định tài trợ cho Dự án "Mở rộng nâng cấp
đô thị Việt Nam" giữa nước Cộng hòa xã hội chủ nghĩa Việt Nam và Hiệp hội
phát triển quốc tế, có số khoản vay 6055-VN, ký tại Hà Nội, ngày 29 tháng 6
năm 2018, có hiệu lực từ ngày 24 tháng 12 năm 2018.
Bộ Ngoại giao trân trọng gửi bản sao Hiệp định 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
Lê Đức Hạnh
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FINANCING AGREEMENT
(Vietnam Scaling Up
Urban Upgrading Project)
BETWEEN
SOCIALIST REPUBLIC OF VIETNAM AND INTERNATIONAL DEVELOPMENT ASSOCIATION
AGREEMENT date June 29, 2018, entered into between
SOCIALIST REPUBLIC OF VIETNAM ("Recipient") and INTERNATIONAL
DEVELOPMENT ASSOCIATION "Association").
WHEREAS the Recipient has requested the Association
to provide assistance towards the financing of the project described in
Schedule 1 to the SUE Financing Agreement (as defined the Appendix to this
Agreement) and the Association has agreed to provide such assistance, on the
terms and subject to the conditions provided or referred to therein, in the
amount of one hundred million Dollars (US$ 100,000,000).
NOW THEREFORE, the Recipient and the Association
hereby agree as follows:
ARTICLE
I - GENERAL CONDITIONS; DEFINITIONS
1.01. The General Conditions (as defined in the
Appendix to this Agreement) constitute an integral part of this Agreement.
1.02. Unless the context requires otherwise, the
capitalized terms used in this Agreement have the meanings ascribed to them in
the General Conditions, the SUF Financing Agreement or in the Appendix to this
Agreement.
ARTICLE
II - FINANCING
2.01. The Association agrees to extend to the
Recipient, on the terms and conditions set forth or referred to in this
Agreement, a credit in an amount equivalent to one hundred three million two
hundred thousand Special Drawing Rights (SDR 103,200,000) (“Financing”), to
assist in financing of the Project.
2.02. The Recipient may withdraw the proceeds of
the Financing in accordance with Section IV of Schedule 2 to the SUF Financing
Agreement.
2.03. The Maximum Commitment Charge Rate payable by
the Recipient on the Unwithdrawn Financing Balance shall be one-half of one
parent (1/2 of 1%) per annum.
2.04. The Service Charge payable by the Recipient
on the Withdrawn Credit Balance shall be equal to three-fourths of one percent
(3/4 of 1%) par annum.
2.05. The Interest Charge payable by the Recipient
on the Withdrawn Credit Balance shall be equal to one and a quarter percent
(1.25%) per annum.
2.06. The Payment Dates are January 1 and July 1 in
each year.
2.07. The principal amount of the Financing shall
be repaid in accordance with the repayment schedule set forth in the Schedule
to this Agreement.
2.08. The Payment Currency is Dollar.
ARTICLE
01 - PROJECT
3.01. The Recipient declares its commitment to the
objectives of the Project. To this end, the Recipient shall carry out the
Project through the Project Provinces in accordance with the provisions of
Article IV of the General Conditions.
3.02. Without limitation upon the provisions of
Section 3.01 of this Agreement, and except as the Recipient and the Association
shall otherwise agree, the Recipient shall ensure that the Project is carried
out in accordance with the provisions of Schedule 2 to the SUF Financing
Agreement.
ARTICLE
IV - EFFECTIVENESS; TERMINATION
4.01. The Additional Condition of Effectiveness
consists of the following, namely, the SUF Financing Agreement has been executed
and delivered and all conditions precedent to its effectiveness (other than the
effectiveness of this Agreement) have been fulfilled.
4.02. The Effectiveness Deadline is the date ninety
(90) days after the date of this Agreement.
4.03. For purposes of Section 8.05 (b) of the
General Conditions, the date on which the obligations of the Recipient under
this Agreement (other than those providing for payment obligations) shall
terminate is twenty years after the date of this Agreement.
ARTICLE
V - REPRESENTATIVE; ADDRESSES
5.01. The Recipient’s Representative is the
Governor, or a Deputy Governor, of State Bank of Vietnam.
5.02. The Recipient’s Address is:
State Bank of Vietnam
49 Ly Thai To
Hanoi, Vietnam
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Cable Address:
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Telex:
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Facsimile:
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VIETBANK
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412248
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(84-4)3825 0612
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Hanoi
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NHTWVT
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5.03. The Association's Address is:
International Development Association
1818 H Street, N.W.
Washington, D.C. 20433
United States of America
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Cable:
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Telex:
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Facsimile:
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INDEVAS
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248423 (MCI)
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1-202-477-6391
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Washington, D.C.
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AGREED at Hanoi, Vietnam, as of the day and year
first above written.
SOCIALIST REPUBLIC OF VIETNAM
By
Authorized Representative
Name: Le Minh Hung
Title: Governor
INTERNATIONAL DEVELOPMENT ASSOCIATION
By
Authorized Representative
Name: Ousmone Dione
Title: Country Director
APPENDIX
Section I. Definitions
1. “General Conditions” means the “International
Development Association General Conditions for Credits and Grants”, dated July
31, 2010, with the modifications set forth in Section II of this Appendix.
2. “SUF Financing Agreement” means the agreement
for the Project between the Recipient and the Association, dated the same date
as this Agreement, as such agreement may be amended from time to time. “SUF
Financing Agreement” includes all appendices, schedules and agreements
supplemental to the SUF Financing Agreement.
Section II. Modifications to
the General Conditions
The General Conditions are hereby modified as
follows:
1. Section 3.02 is modified to read as follows:
“Section 3.02. Service Charge and Interest
Charge
(a) Service Charge. The Recipient shall pay
the Association a service charge on the Withdrawn Credit Balance at the rate
specified in the Financing Agreement, The Service Charge shall accrue from the
respective dates on which amounts of the Credit are withdrawn and shall be
payable semi-annually in arrears on each Payment Date, Service Charges shall be
computed on the basis of a 360-day year of twelve 30-day months.
(b) Interest Charge. The Recipient shall pay
the Association interest on the Withdrawn Credit Balance at the rate specified
in the Financing Agreement. Interest shall accrue from the respective dates on
which amounts of the Credit are withdrawn and shall be payable semi-annually in
arrears on each Payment Date. Interest shall be computed on the basis of a
360-day year of twelve 30-day months.”
2. Paragraph 28 of the Appendix (“Financing
Payment”) is modified by inserting the words “the Interest Charge” between the
words “the Service Charge” and “the Commitment Charge”.
3. The Appendix is modified by inserting a new
paragraph 32 with the following definition of “Interest Charge”, and
renumbering the subsequent paragraphs accordingly:
“32. “Interest Charge” means the interest charge
specified in the Financing Agreement for the purpose of Section 3.02 (b).”
4. Renumbered paragraph 37 (originally paragraph
36) of the Appendix (“Payment Date”) is modified by inserting the words
"Interest Charges" between the words "Service Charges" and
"Commitment Charges".
5. Renumbered paragraph 50 (originally paragraph
49) of the Appendix (“Service Charge”) is modified by replacing the reference
to Section 3.02 with Section 3.02 (a).
