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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:
35/2021/TB-LPQT
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Hà
Nội, ngày 10 tháng 12 năm 2021
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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
lần 4 của “Dự án cải thiện môi trường nước thành phố Hồ Chí Minh, lưu vực Tàu
Hũ - Bến Nghé - Đôi - Tẻ, giai đoạn 2”, ký tại Tokyo ngày 24 tháng
11 năm 2021, có hiệu lực từ ngày 24 tháng 11 năm 2021.
Bộ Ngoại giao trân trọng gửi
bản sao Công hàm trao đổi 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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Tokyo,
November 24, 2021
Sir,
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 ten billion eight hundred and thirteen million yen
(¥10,813,000,000) (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 represented by the Ministry of
Finance of the Socialist Republic of Viet Nam by the Japan International
Cooperation Agency (hereinafter referred to as "JICA") for the
purpose of implementing the Second Ho Chi Minh City Water Environment Improvement
Project (IV) (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 represented by the Ministry of Finance 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 twenty (20) years after the grace period of ten (10) years;
(b) The rate of interest
will be one point zero per cent (1.0%) per annum;
Mr. Vo Thanh Hung
Deputy 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 considerations.
(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 are 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, are 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 is
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 are 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 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 Note in reply.
I avail myself of this
opportunity to extend to you the assurance of my high consideration.
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YAMADA
Takio
Ambassador Extraordinary and Plenipotentiary of Japan to the Socialist
Republic of Viet Nam
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MINISTRY
OF FINANCE
THE SOCIALIST REPUBLIC OF VIETNAM
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Tokyo,
November 24, 2021
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 ten billion eight hundred and thirteen million yen
(¥10,813,000,000) (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 represented by the Ministry of Finance of
the Socialist Republic of Viet nam by the Japan International Cooperation
Agency (hereinafter referred to as “JICA”) for the purpose of implementing the
Second Ho Chi Minh city Water Environment Improvement Project (IV) (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 represented by the Ministry of Finance 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 twenty (20) years after the grace period of ten (10) years;
(b) The rate of interest
will be one point zero per cent (1,0%) per annum;
His Excellency
Mr. YAMADA Takio
Ambassador Extraordinary
and Plenipotentiary of Japan
to 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 considerations.
(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 are 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 he 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 Lean 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, are 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 is
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 are 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 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 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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Vo
Thanh Hung
Deputy Minister of Finance of the Socialist Republic of Viet Nam
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