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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: 22/2022/TB-LPQT
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Hà Nội, ngày 31
tháng 5 năm 2022
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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:
Hiệp định tài trợ (Chương trình hỗ trợ chính
sách phát triển về phục hồi bền vững và bao trùm tại Việt Nam) giữa nước Cộng
hòa xã hội Chủ nghĩa Việt Nam và Hiệp hội Phát triển quốc tế, số tài trợ 6954-VN,
ký tại Hà Nội ngày 22 tháng 12 năm 2021, có hiệu lực từ ngày 21 tháng 4 năm
2022.
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
Nguyễn Lương Ngọc
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CREDIT
NUMBER 6954-VN
FINANCING
AGREEMENT
AGREEMENT dated as of the Signature Date
between SOCIALIST REPUBLIC OF VIETNAM (“Recipient”) and INTERNATIONAL DEVELOPMENT
ASSOCIATION (“Association”) for the purpose of providing financing in support
of the Program (as defined in the Appendix to this Agreement). The Association
has decided to provide this financing on the basis, inter alia, of: (i) the
actions which the Recipient has already taken under the Program and which are
described in Section I of Schedule 1 to this Agreement; and (ii) the
Recipient’s maintenance of an adequate macroeconomic policy framework. The
Recipient and the Association therefore hereby agree as follows:
ARTICLE
I - GENERAL CONDITIONS; DEFINITIONS
1.01. The General Conditions (as defined in
the Appendix to this Agreement) apply to and form 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 or in the Appendix to this Agreement.
ARTICLE
II - FINANCING
2.01. The Association agrees to extend to the
Recipient a credit, which is deemed as Concessional Financing for purposes of
the General Conditions, in an amount equivalent to one hundred fifty four
million three hundred special Drawing Rights (SDR 154,300,000) (“Credit”).
2.02. The Maximum Commitment Charge Rate is
one-half of one percent (1/2 of 1%) per annum on the Unwithdrawn Credit
Balance.
2.03. The Service Charge is three-fourths of
one percent (3/4 of 1%) per annum on the Withdrawn Credit Balance.
2.04. The Interest Charge is one and a
quarter percent (1.25%) per annum on the Withdrawn Credit Balance.
2.05. The Payment Dates are June 1 and
December 1 in each year.
2.06. The principal amount of the Credit
shall be repaid in accordance with the repayment schedule set forth in Schedule
2 to this Agreement.
2.07. The Payment Currency is Dollar.
2.08. Without limitation upon the provisions
of Section 5.05 of the General Conditions, the Recipient shall promptly furnish
to the Association such information relating to the provisions of this Article
II as the Association may, from time to time, reasonably request.
ARTICLE
III - PROGRAM
3.01. The Recipient declares its commitment
to the Program and its implementation. To this end, and further to Section 5.05
of the General Conditions:
(a) the Recipient and the Association shall
from time to time, at the request of either party, exchange views on the
Recipient’s macroeconomic policy framework and the progress achieved in
carrying out the Program;
(b) prior to each such exchange of views, the
Recipient shall furnish to the Association for its review and comment a report
on the progress achieved in carrying out the Program, in such detail as the
Association shall reasonably request; and
(c) without limitation upon the provisions of
paragraphs (a) and (b) of this Section, the Recipient shall promptly inform the
Association of any situation that would have the effect of materially reversing
the objectives of the Program or any action taken under the Program.
ARTICLE
IV - REMEDIES OF THE ASSOCIATION
4.01. The Additional Event of Suspension is
that a situation has arisen which shall make it improbable that the Program, or
a significant part of it, will be carried out.
ARTICLE
V - EFFECTIVENESS; TERMINATION
5.01. The Additional Condition of
Effectiveness is that the Association is satisfied with the progress achieved
by the Recipient in carrying out the Program and with the adequacy of the
Recipient’s macroeconomic policy framework.
5.02. The Effectiveness Deadline is the date
one hundred twenty (120) days after the Signature Date.
ARTICLE
VI - REPRESENTATIVE; ADDRESSES
6.01. The Recipient’s Representative is the
Minister, or a Vice Minister, of the Ministry of Finance.
6.02. For purposes of Section 11.01 of the
General Conditions:
(a) the Recipient’s address is:
Ministry of Finance
28 Tran Hung Dao
Hanoi, Vietnam; and
(b) the Recipient’s Electronic Address is:
Facsimile:
(84-24) 2220 8020
6.03. For purposes of Section 11.01 of the
General Conditions:
(a) The Association’s address is:
International Development Association
1818 H Street, N.W.
Washington, D.C. 20433
United States of America; and
(b) the Association’s Electronic Address is:
Facsimile:
1-202-477-6391
AGREED as of the Signature Date.
SOCIALIST REPUBLIC OF VIETNAM
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By
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Authorized Representative
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Name: Hồ Đức Phớc
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Title: Minister of Finance
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Date: 22nd December 2021
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INTERNATIONAL DEVELOPMENT ASSOCIATION
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By
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Authorized Representative
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Name: Carolyn Turk
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Title: Country Director for Viet Nam
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Date: 14th December, 2021
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SCHEDULE
1
Program
Actions; Availability of Credit Proceeds
Section I. Actions
Taken Under the Program
A. Support Inclusive Recovery
1. The Recipient, through its government, has
approved the second package of tax deferrals for COVID-19 affected businesses,
as evidenced by Decree No. 52/2021/ND-CP, April 19, 2021.
2. The Recipient, through its government, has
adopted the investment policy for the National Targeted Program for Ethnic
Minorities and Mountainous Areas, which commits to increase investments in
human capital and livelihood interventions in targeted communes, as evidenced
by Decision No. 1409/QD-TTG, September 15, 2020.
3. The Recipient, through its government, has
adopted entitlements for subsidized nursery and pre-school care and education
for children of workers in worker-populated areas, including industrial parks,
as evidenced by Decree No. 145/2020/ND-CP, dated December 14, 2020.
4. The Recipient, through its Prime Minister,
has adopted criteria for participating enterprises, customer registration
requirements and eligible services for demonstrating the implementation of a
nationwide mobile money system, as evidenced by Decision No. 316/QD-TTg, dated
March 9, 2021.
B. Promote Sustainable Recovery
5. The Recipient, through its National
Assembly, has adopted a resolution ratifying the EVFTA, determining the scope
of its direct application and committing to its implementation in the domestic
legal framework by the government and relevant agencies, as evidenced by
Resolution No. 102/2020/QH14, dated June 8, 2020.
6. The Recipient, through its government, has
regulated the conduct of administrative procedures by ministries, agencies and
people’s committees using electronic means, as evidenced by Decree No.
45/2020/NĐ-CP, dated April 8, 2020.
7. The Recipient, through its government, has
adopted rules for managing, connecting, and sharing digital data across
ministries, agencies, and people’s committees at all levels, as evidenced by
Decree No. 47/2020/ND-CP, dated April 9, 2020.
8. The Recipient, through its government, has
committed to increase renewable energy-based power generation in in its plan to
implement the Orientations of the National Energy Development Strategy of
Vietnam to 2030, with a vision to 2045, as evidenced by Resolution No.
140/NQ-CP, dated October 2, 2020.
9. The Recipient, through MOIT, has
established common standards for commercial agreements for solar power projects
under the feed-in-tariff regime, as evidenced by Circular No. 18/2020/TT-BCT,
dated July 17, 2020.
Section II. Availability
of Credit Proceeds
A. General. The Recipient may withdraw the
proceeds of the Credit in accordance with the provisions of this Section and
such additional instructions as the Association may specify by notice to the
Recipient.
B. Allocation of Credit Amounts. The Credit is
allocated in a single withdrawal tranche, from which the Recipient may make
withdrawals of the Credit proceeds. The allocation of the amounts of the Credit
to this end is set out in the table below:
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Allocations
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Amount of the
Credit Allocated
(expressed in SDR)
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(1) Single Withdrawal Tranche
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154,300,000
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TOTAL AMOUNT
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154,300,000
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C. Withdrawal Tranche Release Conditions.
No withdrawal shall be made of the Single
Withdrawal Tranche unless the Association is satisfied; (a) with the Program
being carried out by the Recipient; and (b) with the adequacy of the
Recipient’s macroeconomic policy framework.
D. Deposit of Credit Amounts.
The Recipient, within forty-five (45) days
after the withdrawal of the Credit from the Credit Account, shall report to the
Association; (a) the exact sum received into the account referred to in Section
2.03 (a) of the General Conditions; (b) the record that an equivalent amount
has been accounted for in the Recipient’s budget management systems, which will
include the details of all the accounts to which the Vietnamese Dong equivalent
of the Credit proceeds will be credited; and (c) the statement of receipts and
disbursement of the account referred to in Section 2.03 (a) of the General
Conditions.
E. Audit. Upon the Association’s request, the
Recipient shall:
1. have the account referred to in Section
2.03 (a) of the General Conditions audited by independent auditors acceptable
to the Association, in accordance with consistently applied auditing standards
acceptable to the Association;
2. furnish to the Association as soon as
available, but in any case, not later than four (04) months after the date of
the Association’s request for such audit, a certified copy of the report of
such audit, of such scope and in such detail as the Association shall
reasonably request, and make such report publicly available in a timely fashion
and in a manner acceptable to the Association; and
3. furnish to the Association such other
information concerning the account referred to in Section 2.03 (a) of the
General Conditions and their audit as the Association shall reasonably request.
F. Closing Date. The Closing Date is
December 15, 2022.
SCHEDULE
2
Repayment
Schedule
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Date Payment Due
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Principal Amount of
the Credit repayable
(expressed as a percentage) *
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On each June 1 and December 1:
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commencing December 1, 2026 to and
including June 1, 2046
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1.65%
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commencing December 1, 2046 to and
including June 1, 2051
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3.40%
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* The percentages represent the percentage of
the principal amount of the Credit to be repaid, except as the Association may
otherwise specify pursuant to Section 3.05 (b) of the General Conditions.
APPENDIX
Definitions
1. “COVID-19” means the coronavirus disease
caused by the 2019 novel coronavirus (SARS-CoV-2).
2. “EVFTA” means the free trade agreement
signed between the European Union and the Socialist Republic signed on June 30,
2019.
3. “General Conditions” means the
“International Development Association General Conditions for IDA Financing, Development
Policy Financing”, dated December 14, 2018 (revised on August 1, 2020 and April
1, 2021).
4. "MOIT” means the Recipient's Ministry
of Industry and Trade, or any successor thereto.
5. "National Assembly” means the
highest-ranking institution in the legislative branch of the Recipient, having
the mandate and competence for enacting laws and passing amendments Thereto.
6. “National Targeted Program for Ethnic
Minorities and Mountainous Areas” means the Recipient's National Targeted
Program for Ethnic Minorities and Mountainous Areas for the period 2021-2030
approved by the National Assembly pursuant to Resolution 120/2020/QH14, June
19, 2020.
7. “Prime Minister” means the Prime Minister
of the Socialist Republic of Vietnam, the highest ranking official in the
executive branch of the Recipient’s government.
8. “Orientations of the National Energy
Development Strategy of Vietnam to 2030, with a vision to 2045” means
Politburo's Resolution No. 55-NQ/TW, dated February 11, 2020.
9. “Program” means: the program of
objectives, policies, and actions set forth or referred to in the letter dated
June 4, 2021 from the Recipient to the Association declaring the Recipient’s
commitment to the execution of the Program and requesting assistance from the
Association in support of the Program during its execution and comprising
actions taken, including those set forth in Section I of Schedule 1 to this
Agreement, and actions to be taken consistent with the program's objectives.
10. “Signature Date” means the later of the
two dates on which the Recipient and the Association signed this Agreement and
such definition applies to all references to “the date of the Financing
Agreement” in the General Conditions.
11. “Single Withdrawal Tranche” means the
amount of the Credit allocated to the category entitled “Single Withdrawal
Tranche” in the table set forth in Part B of Section II of Schedule 1 to this
Agreement.
12. “Vietnamese Dong” means currency having
legal tender in the Recipient's territory.
