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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:
27/2020/TB-LPQT
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Hà Nội, ngày 30 tháng 3 năm 2020
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THÔNG BÁO
VỀ
VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Khoản 3 Điều
56 Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:
Hiệp định vay (Các nghiệp vụ thông thường [Ưu
đãi]) cho Chương trình Phát triển lĩnh vực ngân hàng - tài chính và Tài chính toàn diện, tiểu chương trình 1 giữa nước Cộng hòa xã hội Chủ nghĩa Việt Nam
và Ngân hàng Phát triển Châu Á [3743-VIE (COL)], ký tại Hà Nội ngày 03
tháng 6 năm 2019, có hiệu lực từ ngày ngày 28 tháng 11 năm 2019.
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 Văn Ngự
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LOAN
NUMBER 3743-VIE (COL)
LOAN
AGREEMENT
(Ordinary Operations
[Concessional])
(Financial
Sector Development and Inclusion Program - Subprogram 1)
between
SOCIALIST REPUBLIC
OF VIET NAM
and
ASIAN DEVELOPMENT
BANK
DATED
3rd June, 2019
LOAN AGREEMENT
(Ordinary
Operations [Concessional])
LOAN AGREEMENT dated _______ between
SOCIALIST REPUBLIC OF VIET NAM (“Borrower”) and ASIAN DEVELOPMENT BANK (“ADB”).
WHEREAS
(A) ADB has received from the Borrower a
development policy letter dated 01 November 2018 (“Policy Letter”), setting
forth certain objectives, policies and actions, described in Schedule 1 to this
Loan Agreement, designed to develop the Borrower’s financial sector
(“Program”);
(B) the Program comprises the first subprogram of a
programmatic approach, as described in paragraph 1 of Schedule 1 to this Loan
Agreement (“Programmatic Approach”), and the Borrower has applied to ADB for a
loan for the purposes of the Program; and
(C) ADB has agreed to make a concessional loan to
the Borrower from ADB's ordinary capital resources upon the terms and
conditions set forth herein;
NOW THEREFORE the parties agree as follows:
ARTICLE
I
Loan
Regulations; Definitions
Section 1.01. All the provisions of ADB’s Ordinary
Operations (Concessional) Loan Regulations, dated 1 January 2017 (“Loan
Regulations”), are hereby made applicable to this Loan Agreement with the same
force and effect as if they were fully set forth herein, subject, however, to
the following modifications:
(a) Section 2.01(v) is deleted and the following is
substituted therefor:
“Program” means the program for which ADB has
agreed to make the Loan, as described in the Loan Agreement and as the
description thereof may be amended from time to time by agreement between ADB
and the Borrower;
(b) The term “Project” wherever it appears in the
Loan Regulations shall be substituted by the term “Program”.
(c) Section 2.01(x) is deleted and the following is
substituted therefor:
“Program Executing Agency” means the entity or
entities responsible for the carrying out of the Program as specified in the
Loan Agreement;
(d) The term “Project Executing Agency” wherever it
appears in the Loan Regulations shall be substituted by the term “Program
Executing Agency”.
(e) Section 5.01(b) is deleted.
Section 1.02. Wherever used in this Loan Agreement,
the several terms defined in the Loan Regulations have the respective meanings
therein set forth unless modified herein or the context otherwise requires.
Additional terms used in this Loan Agreement have the following meanings:
(a) “Counterpart Funds” means the local currency
generated from the Loan proceeds under the Program and referred to in
paragraphs 6 of Schedule 4 to this Loan Agreement;
(b) “Deposit Account” means the account referred to
in paragraph 3 of Schedule 3 to this Loan Agreement;
(c) “Loan Disbursement Handbook” means ADB’s Loan
Disbursement Handbook (2017, as amended from time to time);
(d) “MOF” means the Ministry of Finance of the
Borrower, or any successor thereto;
(e) “Policy Matrix” means the policy matrix as
agreed between the Borrower and ADB, which sets forth actions accomplished or
to be accomplished by the Borrower under the Program and is attached to the
Policy Letter;
(f) “Program Executing Agency” for the purposes of,
and within the meaning of, the Loan Regulations means the State Bank of Viet
Nam (“SBV”) or any successor thereto acceptable to ADB, which is responsible
for the carrying out of the Program; and
(g) “Program Implementing Agencies” means the MOF
and SBV.
ARTICLE
II
The
Loan
Section 2.01. (a) ADB agrees to lend to the
Borrower from ADB’s ordinary capital resources an amount of one hundred million
Dollars ($100,000,000).
(b) The Loan has a principal repayment period of 20
years, and a grace period as defined in subsection (c) hereinafter.
(c) The term “grace period” as used in subsection
(b) hereinabove means the period prior to the first Principal Payment Date in
accordance with the amortization schedule set forth in Schedule 2 to this Loan
Agreement.
Section 2.02. The Borrower shall pay to ADB an
interest charge at the rate of 2% per annum during the grace period and
thereafter, on the amount of the Loan withdrawn from the Loan Account and
outstanding from time to time.
Section 2.03. The interest charge and any other
charge on the Loan shall be payable semiannually on 1 May and 1 November in
each year.
Section 2.04. The Borrower shall repay the
principal amount of the Loan withdrawn from the Loan Account in accordance with
the amortization schedule set forth in Schedule 2 to this Loan Agreement.
Section 2.05. The currency of repayment of the
principal of the Loan and the currency of payment of the interest charge for
the purposes of Sections 4.03(a) and 4.04 of the Loan Regulations shall be the
Dollar.
ARTICLE
III
Use
of Proceeds of the Loan
Section 3.01. The Borrower shall cause the proceeds
of the Loan to be applied to the financing of expenditures on the Program in accordance with the provisions of this Loan Agreement.
Section 3.02. The proceeds of the Loan shall be
withdrawn in accordance with the provisions of Schedule 3 to this Loan
Agreement, as such Schedule may be amended from time to time by agreement
between the Borrower and ADB.
Section 3.05. The Loan Closing Date for the
purposes of Section 8.02 of the Loan Regulations shall be 30 June 2020 or such
other date as may from time to time be agreed between the Borrower and ADB.
ARTICLE
IV
Particular
Covenants
Section 4.01. In the carrying out of the Program,
the Borrower shall perform, or cause to be performed, all obligations set forth
in Schedule 4 to this Loan Agreement.
Section 4.02. As part of the reports and
information referred to in Section 6.05 of the Loan Regulations, the Borrower
shall furnish, or cause to be furnished, to ADB all such reports and
information as ADB shall reasonably request concerning; (a) the Counterpart
Funds and the use thereof; and (b) the implementation of the Program, including
the accomplishment of the targets and carrying out of the actions set out in
the Policy Letter.
ARTICLE
V
Effectiveness
Section 5.01. A date 90 days after the date of this
Loan Agreement is specified for the effectiveness of the Loan Agreement for the
purposes of Section 9.04 of the Loan Regulations.
ARTICLE
VI
Miscellaneous
Section 6.01. The Minister of Finance of the
Borrower is designated as representative of the Borrower for the purposes of
Section 11.02 of the Loan Regulations.
Section 6.02. The following addresses are specified
for the purposes of Section 11.01 of the Loan Regulations:
For the Borrower
Ministry of Finance
No. 28 Tran Hung Dao Street
Hoan Kiem District
Ha Noi, Viet Nam
Facsimile Number:
+824-4 2220-8020
For ADB
Asian Development Bank
6 ADB Avenue
Mandaluyong City
1550 Metro Manila
Philippines
Facsimile Numbers:
(632) 636-2444
(633) (632) 636-2331.
IN WITNESS WHEREOF the parties
hereto, acting through their representatives thereunto duly authorized, have
caused this Loan Agreement to be signed in their respective names as of the day
and year first above written and to be delivered at the principal office of
ADB.
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SOCIALIST
REPUBLIC OF VIETNAM
By _____________
TRAN XUAN HA
Vice Minister
Ministry of Finance
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ASIAN
DEVELOPMENT BANK
By ___________
ERIC SIDGWICK
Country Director
Viet Nam Resident Mision
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SCHEDULE
1
Description of the Program
1. The principal objective of
the Programmatic Approach is to develop a deeper, more inclusive financial
sector. The Programmatic Approach comprises two subprograms and the Program is
the first subprogram.
2. The scope of the Program includes legislative
and policy actions to: (a) strengthen financial sector stability: (b) broaden
and deepen the domestic capital market: and (c) promote financial inclusion.
3. The Program is described in more detail in the
Policy Letter.
4. The disbursement of Loan proceeds under the
Program is expected to be completed by 30 June 2020.
SCHEDULE
2
Amortization Schedule
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Payment Due Date
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Payment of
Principal
(Expressed in US
Dollars)
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1 May 2024
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2,500,000
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1 November 2024
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2,500,000
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1 May 2025
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2,500,000
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1 November 2025
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2,500,000
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1 May 2026
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2,500,000
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1 November 2026
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2,500,000
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1 May 2027
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2,500,000
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1 November 2027
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2,500,000
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1 May 2028
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2,500,000
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1 November 2028
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2,500,000
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1 May 2029
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2,500,000
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1 November 2029
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2,500,000
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1 May 2030
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2,500,000
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1 November 2030
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2,500,000
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1 May 2031
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2,500,000
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1 November 2031
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2,500,000
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1 May 2032
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2,500,000
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1 November 2032
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2,500,000
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1 May 2033
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2,500,000
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1 November 2033
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2,500,000
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1 May 2034
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2,500,000
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1 November 2034
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2,500,000
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1 May 2035
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2,500,000
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1 November 2035
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2,500,000
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1 May 2036
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2,500,000
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1 November 2036
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2,500,000
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1 May 2037
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2,500,000
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1 November 2037
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2,500,000
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1 May 2038
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2,500,000
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1 November 2038
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2,500,000
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1 May 2039
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2,500,000
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1 November 2039
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2,500,000
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1 May 2040
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2,500,000
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1 November 2040
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2,500,000
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1 May 2041
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2,500,000
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1 November 2041
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2,500,000
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1 May 2042
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2,500,000
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1 November 2042
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2,500,000
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1 May 2043
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2,500,000
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1 November 2043
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2,500,000
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Total
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100,000,000
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* The arrangements for payment are subject to the
provisions of Sections 3.04 and 4.03 of the Loan Regulations.
SCHEDULE
3
Withdrawal of Loan Proceeds
1. Except as set out in this Schedule or as ADB may
otherwise agree, the Loan proceeds shall be disbursed in accordance with the
Loan Disbursement Handbook.
2. An application for withdrawal from the Loan
Account shall be submitted to ADB by the Borrower and shall be in a form
satisfactory to ADB.
3. (a) Prior to submitting the first application to
ADB for withdrawal from the Loan Account, the Borrower shall nominate an
account (the Deposit Account) at a commercial bank into which all withdrawals
from the Loan Account shall be deposited. The Deposit Account shall be
established, managed and liquidated in accordance with the applicable
regulations and procedures of the Borrower.
(b) Separate accounts and records in respect of the
Deposit Account shall be maintained in accordance with accounting principles
acceptable to ADB. Upon ADB’s request, the Borrower shall have the financial
statements for the Deposit Account audited by independent auditors, whose
qualifications, experience and terms of reference are acceptable to ADB, in
accordance with international standards for auditing or the national equivalent
acceptable to ADB. Promptly after their preparation but in any event not later
than 6 months after the date of ADB’s request, copies of such audited financial
statements and the opinion of the auditors on the financial statements, in the
English language, shall be furnished to ADB.
4. No Loan proceeds shall be withdrawn to finance
any item specified in Attachment to this Schedule.
Attachment
to Schedule 3
Negative
List
No withdrawals of Loan proceeds will be made for
the following:
(i) expenditures for goods included in the
following groups or sub-groups of the United Nations Standard International
Trade Classification, Revision 3 (SITC, Rev. 3) or any successor groups or
sub-groups under future revisions to the SITC, as designated by ADB by notice
to the Borrower.
Table: Ineligible
Items
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Chapter
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Heading
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Description of Items
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112
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Alcoholic beverages
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121
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Tobacco,
unmanufactured; tobacco refuse
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122
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Tobacco, manufactured (whether
or not containing tobacco substitute
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525
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Radioactive and
associated materials
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667
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Pearls, precious and
semiprecious stones, unworked or worked
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718
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718.7
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Nuclear reactors, and parts
thereof, fuel elements (cartridges), nonirradiated for nuclear reactors
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728
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728.43
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Tobacco processing
machinery
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897
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897.3
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Jewelry of gold, silver
or platinum-group metals (except watches and watch cases) and goldsmiths’ or
silversmiths’ wares (including set gems)
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971
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Gold, nonmonetary
(excluding gold ore and concentrates)
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Source: United Nations.
(ii) expenditures in the currency of the Borrower or
for goods supplied from the territory of the Borrower;
(iii) expenditures for goods supplied under a
contract that any national or international financing institution or agency
will have financed or has agreed to finance, including any contract financed
under any loan or grant from the ADB;
(iv) expenditures for goods intended for a military
or paramilitary purpose or for luxury consumption;
(v) expenditures for narcotics;
(vi) expenditures for environmentally hazardous
goods, the manufacture, use or import of which is prohibited under the laws of
the Borrower or international agreements to which the Borrower is a party; and
(vii) expenditures on account of any payment
prohibited by the Borrower in compliance with a decision of the United Nations
Security Council taken under Chapter VII of the Charter of the United Nations.
SCHEDULE
4
Program Implementation and Other Matters
Implementation Arrangements
1. The Program Executing Agency shall be responsible
for the overall implementation of the Programmatic Approach. The Program
Implementing Agencies shall be responsible for the day-to-day implementation of
the Programmatic Approach.
Policy Actions and Dialogue
2. The Borrower shall ensure that all policy
actions adopted under the Program, as set forth in the Policy Letter and the
Policy Matrix, continue to be in effect for the duration of the Programmatic
Approach.
3. The Borrower shall keep ADB informed of policy
discussions with other multilateral and bilateral aid agencies that may have
implications for the implementation of the Program and shall provide ADB with
an opportunity to comment on any resulting policy proposals. The Borrower shall
take into account ADB’s views before finalizing and implementing any such
proposal.
4. The Borrower shall keep ADB informed of, and the
Borrower and ADB shall from time to time exchange views on, sector issues,
policy reforms and additional reforms arising during the implementation of the
Program, that may be considered necessary, or desirable, including the progress
made in carrying out policies and actions set out in the Policy Letter and the
Policy Matrix.
5. The Borrower shall promptly discuss with ADB
problems and constraints encountered during implementation of the Program, and
appropriate measures to overcome or mitigate such problems and constraints.
Use of Counterpart Funds
6. The Borrower shall ensure that the Counterpart
Funds are used to finance the implementation of certain programs and activities
consistent with the objectives of the Program.
Governance and Anticorruption
7. The Borrower, the Program Executing Agency, and
the Program Implementing Agencies shall: (a) comply with ADB's Anticorruption
Policy (1998, as amended to date) and acknowledge that ADB reserves the right
to investigate directly, or through its agents, any alleged corrupt,
fraudulent, collusive or coercive practice relating to the Program; and (b)
cooperate with any such investigation and extend all necessary assistance for
satisfactory completion of such investigation.