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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:
38/2016/TB-LPQT
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Hà
Nội, ngày 13 tháng 6 năm 2016
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định của Luật Ký kết, gia
nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại giao trân trọng thông
báo:
Hiệp định giữa Chính phủ nước Cộng
hòa xã hội chủ nghĩa Việt Nam và Chính phủ Hung-ga-ri về việc thiết lập chương
trình khung về hợp tác tài chính, ký tại Hà Nội ngày
12 tháng 01 năm 2016, có hiệu lực kể từ ngày 03 tháng 7 năm 2016.
Bộ Ngoại giao trân trọng gửi bản sao
Hiệp định theo quy định tại Điều 68 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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AGREEMENT
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE GOVERNMENT OF
HUNGARY ABOUT THE ESTABLISHMENT OF A FRAMEWORK PROGRAMME FOR FINANCIAL
CO-OPERATION
The Government of the Socialist Republic of Vietnam
and the Government of Hungary (further on: Contracting Parties) agree about the
mutually advantageous extension of the economic relationship and promotion of
the development co-operation as follows:
Article
1
Definitions
For the purpose of this Agreement:
a) tied aid credit: export credit tied to
procurement of goods and/or services originating from Hungary and supported
officially through interest rate support and insurance with a concessionality
level not less than 35 per cent;
b) mixed credits: associated financing
packages of concessionary credits mixed with grants. The overall
concessionality level of a package set forth in the OECD rules is calculated on
the basis of the interest subsidy and the grant part, the latter may include
but not exceed the amount of the risk premium;
c) concessionality level: the difference
between the nominal value of the tied aid credit and the discounted present
value of the future debt service payable by the borrower, expressed as a
percentage of the nominal value of the tied aid credit;
d) nominal value of the tied aid: the total
value of the project financed in the frame of the tied aid credit along with
the risk premium for the credit repayment excluding interests;
e) grant element: the part of the tied aid
credits nominal capital value, non-repayable by the borrower;
f) OECD Arrangement: OECD Arrangement on
Officially Supported Export Credits effective on the day of contracting;
g) starting point of credit: to be
determined according to the list of definitions set out in the m) point
of Annex XIV. of the OECD Arrangement;
h) DDR: Differential Discount Rate used for
calculating the concessionality level of tied aid, determined by the OECD;
i) ODA: Official Development Assistance;
j) MOF: The Ministry of Finance of Vietnam, representing
the Sovereign;
Article
2
Establishment
of the framework programme for financial co-operation
The Government of Hungary, in accordance with its
international development co-operation policy, offers a non-refundable official
support through interest rate support and grant element, to tied aid credits
(further on: tied aid credit line) disbursed by the Hungarian Export-Import
Bank Pte. Ltd. (further on: Eximbank) with the framework conditions set out in
the present Agreement, available for financing included in the development aims
of high importance of the Socialist Republic of Vietnam.
The Government of the Socialist Republic of Vietnam
accepts the tied aid credit line and, acting in accordance with its own legal
system and international obligations, supports the realisation of the present
framework programme of tied aid credit.
Contracting Parties express their willingness with
respect to the participants of the credit transactions belonging to the present
tied aid credit line and will confirm by declarations that pursuant to the
provisions of the action statement of the OECD on “Bribery and officially
supported export credits” they did not participate in any bribery in relation
to the transactions and they are not aware of any corruption.
Article
3
Amount
of the tied aid credit line and its financial conditions
The total value of the project financed under the
tied aid credit line is maximum 60 Million EUR. The firm commitment arises on
the basis of the individual credit agreement concluded between MOF and Eximbank
as stipulated in Article 7 of this Agreement.
The concessionality level of credit payable under
the tied aid credit line shall be not less than 35% in conformity with the OECD
Arrangement.
Tenor of the credit disbursed under the tied aid
credit line shall not exceed 21,5 (twenty one and a half) years, which includes
1 (one) year grace period and 20,5 (twenty and a half) years repayment period.
The first repayment is due 18 months from the starting point of credit as
defined in the OECD Arrangement. The interest rate is 0% per annum.
The disbursement period of credit disbursed under
the tied aid credit line will be stipulated in the individual credit agreement
depending on the particular project. The disbursement period for the individual
credits shall not exceed 3,5 (three and a half) years.
Relating to the credit disbursed under the tied aid
credit line, a risk premium stipulated in the individual credit agreement will
be calculated in line with the OECD Arrangement and will be officially supported
and counted in as a grant part of the mixed credit.
Article
4
Utilisation
of the tied aid credit line
The tied aid credit line can be utilised for the
realisation of projects not objected by signers of the OECD Arrangement during the
procedure in conformity with the acceptance rules of the OECD Arrangement and
the consultation procedure, respectively.
Contracting Parties agree that the Government of
the Socialist Republic of Vietnam will apply the tied aid credit line for
priority areas specified in the Appendix forming an integral part of this
Agreement.
The selected project shall be realised by Hungarian
exports through companies registered in Hungary. The financing realised under
the tied aid credit line may include the foreign content in cases if at least
50 per cent of the export realised by companies registered in Hungary qualifies
as of Hungarian origin performed on the territory of the Socialist Republic of
Vietnam.
The Government of the Socialist Republic of Vietnam
or the organisation appointed by it for realisation of the project under
priority areas specified in the Appendix, in conformity with its legislation,
acting in accordance with generally accepted principles and good procurement
practices and Vietnamese procurement procedures, gives the Ministry of Foreign
Affairs and Trade of Hungary information about its decisions.
Article
5
Acceptance
procedure
The Contracting Parties, for acceptance of the
projects financed under the credit line as per this Agreement, will follow the
procedure below:
a) The exporter and the importer elaborate
the export contract on the realisation of the project.
b) The Relevant Party of Vietnam approves
the export contract concluded in conformity with the Vietnam Law on Procurement
and the Vietnamese regulations on management and utilization of ODA and gives a
written notice about this to Ministry of Foreign Affairs and Trade and
Eximbank.
c) Eximbank confirms in writing the start of
the negotiation about the individual credit agreement based on the export
contract approved by the Party of Vietnam.
Article
6
Disbursement
of the tied aid credit
Detailed conditions of the tied aid credit provided
to finance the project accepted by the Contracting Parties is to be stipulated
in the individual credit agreement between MOF in accordance with the
provisions laid down in Article 7 on the one part and Eximbank as the lender on
the other.
Eximbank, for the account of its own resources,
lends, up to the amount of credit line agreed in this Agreement, concessional
credit to MOF for the realisation of the accepted project. The measure of the
financing is 100 per cent of the value of the accepted project and the amount
of the grant element.
Commercial and political risks of the tied aid
credit will be insured by the Hungarian Export Credit Insurance Pte. Ltd.
(further on: MEHIB).
Eximbank and MEHIB, in accordance with the
international obligations, notify beforehand their intention to lend tied aid
credit related to the particular project. After successful execution of the
procedure of approval Eximbank gives notes to the importer/buyer and the
exporter, and the Contracting Parties, respectively.
Article
7
Conditions
of the individual credit agreement
The Government of the Socialist Republic of Vietnam
based on the signed individual credit agreement shall secure the repayment
obligation as agreed by the Contracting Parties and shall set aside the amount
of its payment obligation in the actual year in its state budget.
Eximbank and MEHIB shall conclude a credit insurance
contract complying with the conditions fixed by the Hungarian law in force.
Article
8
Taxes,
fees
The Contracting Parties are obliged to pay the
taxes, fees and other public charges arising on the basis of the execution of
this Agreement in their own country. These costs cannot be paid from the
individual tied aid credits and they cannot be separated.
Costs arising during the individual credit
agreement shall be paid by the parties of the credit agreement in their own
country and they cannot be charged on the individual tied aid credit.
During the reimbursement of the loan the amounts to
be paid cannot be decreased by the tax levied by the Socialist Republic of
Vietnam or other amounts arising as a result of other payment obligations.
Regarding any taxes relevant for this Agreement and
the individual credit agreement the Agreement on Avoiding Double Taxation
between the Socialist Republic of Vietnam and Hungary should be respected.
The Government of Socialist Republic of Vietnam
ensures all the licences - if any - necessary for the start and execution of
the project by the time of the signing of the individual credit agreement.
Article
9
Dispute
Settlement
The Contracting Parties shall settle any dispute in
connection with this Agreement in the course of direct negotiations.
Article
10
Governing Law
The individual credit agreement shall be governed
by the laws of Hungary and applicable rules of international law.
Article
11
Closing Provisions
a) This Agreement shall be valid for a
period of two (02) years from the date of its coming into force and shall be
automatically renewed for period of one (01) year, unless one Party informs the
other of its decision to terminate it, by means of a written notification at
least three (03) months before expiry.
b) Provisions of this Agreement, even after
their expiry, shall be applicable for those projects accepted and financed on
the basis of the individual credit agreement concluded according to this
Agreement.
c) The Contracting Parties shall notify each
other in writing through diplomatic channels that they have fulfilled the
internal legal prescriptions necessary for the coming into force of this
Agreement. The present Agreement shall come into force on the 30th (thirtieth)
day after the receipt of such a note later on.
d) This Agreement may be cancelled upon
agreement of Contracting Parties in writing through diplomatic channels. In
this case the Agreement shall abate on 60th (sixtieth) day of the other
Contracting Party’s receipt of the notification about cancellation.
e) The Contracting Parties may amend or
supplement this Agreement at their common will and agreement. These amendments
and supplements shall come into force according to point c) of this
Article.
Signed in Ha Noi on the day of 12th January in
2016, in English language, in two originals.
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For the
Government
of the Socialist Republic of Vietnam
Nguyen Chi Dung
Vice Minister of Planning and Investment
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For the
Government
of Hungary
Szijjarto Peter
Minister of Foreign Affairs and Trade
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APPENDIX ON
LIST OF PRIORITY AREAS FOR REALISATION UNDER THE
AGREEMENT BETWEEN THE GOVERNMENT OF HUNGARY AND THE GOVERNMENT OF THE SOCIALIST
REPUBLIC OF VIETNAM ON THE ESTABLISHMENT OF A FRAMEWORK PROGRAMME FOR FINANCIAL
CO-OPERATION
1. Can Tho oncological hospital project
