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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:
39/2020/TB-LPQT
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Hà Nội, ngày 25
tháng 5 năm 2020
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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 viện trợ không hoàn lại (Dự án Đầu tư
xây dựng và phát triển hệ thống cung ứng dịch vụ y tuyến cơ sở) giữa nước Cộng
hòa xã hội chủ nghĩa Việt Nam và Ngân hàng Tái thiết và Phát triển Quốc tế/Hiệp
hội Phát triển Quốc tế trong vai trò quản lý Quỹ Tín thác Đa phương tài trợ cho
Quỹ Tài chính Toàn cầu, Quỹ Tín thác Đa phương để tài trợ các chương trình y tế,
và Quỹ Tín thác Đa phương để giải quyết thách thức về bệnh không lây nhiễm ở
các quốc gia có thu nhập thấp và trung (Ngân hàng Thế giới), số viện trợ
TFB0264, TFB0276, TFB0266, ký tại Hà Nội ngày 18 tháng 02 năm 2020, có hiệu lực
từ ngày 18 tháng 5 năm 2020.
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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GFF GRANT NUMBER
TFB0264
MDTF TF GRANT
NUMBER TFB0276
PHGF TF GRANT
NUMBER TFB0266
TRUST
FUND GRANT AGREEMENT
(Investing and
Innovating for Grassroots Health Service Delivery Project)
between
SOCIALIST
REPUBLIC OF VIETNAM
and
INTERNATIONAL
BANK FOR RECONSTRUCTION AND DEVELOPMENT/ INTERNATIONAL DEVELOPMENT ASSOCIATION
acting
as administrator of the Multi-Donor Trust Fund for the Global Financing
Facility in Support of Every Woman Every Child, the Integrating Donor-Financed
Health Programs Multi-Donor Trust Fund, and the Tackling of Non-Communicable
Diseases Challenges in Low and Middle-Income Countries Multi-donor Trust Fund
Dated 18
February, 2020
GFF GRANT NUMBER
TFB0264
MDTF TF GRANT
NUMBER TFB0276
PHGF TF GRANT
NUMBER TFB0266
TRUST FUND GRANT
AGREEMENT
AGREEMENT dated February 18, 2020 entered into
between SOCIALIST REPUBLIC OF VIETNAM (“Recipient”) and INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT/INTERNATIONAL DEVELOPMENT ASSOCIATION (“World
Bank”), acting as administrator of: (a) the Multi-Donor Trust Fund for the
Global Financing Facility (“GFF”) in Support of Every Woman Every Child; (b)
the Integrating Donor-Financed Health Programs Multi-donor Trust Fund, and (c)
the Tackling of Non-Communicable Diseases Challenges in Low and Middle Income
Countries Multi-donor Trust Fund.
WHEREAS (A) the Recipient, having satisfied itself
as to the feasibility and priority of the Project described in Schedule 1 to
this Agreement (“Project”), has requested the World Bank to extend certain
grants as provided in Section 3.01 of this Agreement;
(B) the Recipient has also requested the
International Development Association (“Association”) to assist in the
financing of the Project and the Association has agreed to make available a
credit to the Recipient to assist in the financing of the Project, pursuant to
the financing agreement of even date herewith between the Recipient and the
Association (“Financing Agreement”); and
WHEREAS the World Bank has agreed, on the basis, inter
alia, of the foregoing, to extend certain grants to the Recipient upon the
terms and conditions set forth in this Agreement.
The Recipient and the World Bank hereby agree as
follows:
Article
I
Standard
Conditions; Definitions
1.01. The Standard 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 Standard Conditions, the Financing Agreement or in this Agreement.
Article
II
The
Project
2.01. The Recipient declares its commitment to the
objective of the Project. To this end, the Recipient shall carry out the
Project, through MOH and the Project Provinces, in accordance with the
provisions of Article II of the Standard Conditions.
2.02. Without limitation upon the provisions of Section
2.01 of this Agreement, and except as the Recipient and the World Bank shall
otherwise agree, the Recipient shall ensure that the Project is carried out in
accordance with the provisions of Schedule 2 to this Agreement.
Article
III
The
Grant
3.01. The World Bank, acting in the following
capacities, agrees to extend to the Recipient, on the terms and conditions set
forth or referred to in this Agreement certain grants (collectively “Grant”)
from various sources in the following amounts:
(a) acting as administrator of the GFF, a grant in
an amount not to exceed seventeen million United States Dollars ($17,000,000)
(“GFF Grant”) to buy-down a portion of the credit provided for under the
Financing Agreement pursuant to Section 3.03 below;
(b) acting as administrator of the Integrating
Donor-Financed Health Programs Multi-donor Trust Fund, a grant in an amount not
to exceed five million United States Dollars ($5,000,000) (“MDTF Grant”) to
assist in financing Parts 2.2, 2.3 and 3 of the Project; and
(c) acting as administrator of the Tackling of
Non-Communicable Diseases Challenges in Low and Middle-Income Countries
Multi-donor Trust Fund, a grant in an amount not to exceed three million United
States Dollars ($3,000,000) (“PHGF Grant”) to assist in financing Parts 2.2,
2.3 and 3 of the Project
3.02. The Recipient may withdraw the proceeds of
tire MDTF Grant and the PHGF Grant in accordance with Section IV of Schedule 2
to this Agreement.
3.03. The Recipient irrevocably agrees, and hereby
instructs the World Bank, acting as administrator of the GFF to withdraw the
proceeds of the GFF Grant to pay to the Association on behalf of the Recipient
the Interest Charge and/or any principal amount of the Credit falling due and
accruing under the Financing Agreement until December 31, 2026 (or such other
date as the World Bank shall establish by notice to the Recipient).
3.04. The Grant is funded out of the abovementioned
trust funds for which the World Bank receives periodic contributions from the
donors to the trust funds. In accordance with Section 3.02 of the Standard
Conditions, the World Bank’s payment obligations in connection with this
Agreement are limited to the amount of funds made available to it by the donors
under the abovementioned trust funds, and the Recipient’s right to withdraw the
Grant proceeds is subject to the availability of such funds.
Article
IV
Additional
Remedies
4.01. The Additional Event of Suspension referred
to in Section 4.02 (k) of the Standard Conditions consists of the following,
namely, that the World Bank has determined after the Effective Date referred to
in Section 5.03 of this Agreement that prior to such date but after the date of
this Agreement, an event has occurred which would have entitled the World Bank
to suspend the Recipient's right to make withdrawals from the Grant Account if
this Agreement had been effective on the date such event occurred.
Article
V
Effectiveness;
Termination
5.01. This Agreement shall not become effective
until evidence satisfactory to the World Bank has been furnished to the World
Bank that:
(a) the Project Operations Manual has been duly
adopted by MOH; and
(b) the Financing Agreement has been executed and
delivered and all conditions precedent to its effectiveness or to the right of
the Recipient to make withdrawals under it (other than the effectiveness of
this Agreement) have been fulfilled.
5.02. Except as the Recipient and the World Bank
shall otherwise agree, this Agreement shall enter into effect on the date upon
which the World Bank dispatches to the Recipient notice of its acceptance of
the evidence required pursuant to Section 5.01 (“Effective Date”). If, before
the Effective Date, any event has occurred which would have entitled the World
Bank to suspend the right of the Recipient to make withdrawals from the Grant
Account if this Agreement had been effective, the World Bank may postpone the
dispatch of the notice referred to in this Section until such event (or events)
has (or have) ceased to exist.
5.03. Termination for Failure to Become Effective.
This Agreement and all obligations of the parties under it shall terminate if
it has not entered into effect by the date ninety (90) days after the date of
this Agreement, unless the World Bank, after consideration of the reasons for
the delay, establishes a later date for the purpose of this Section. The World
Bank shall promptly notify the Recipient of such later date.
Article
VI
Recipient’s
Representative; Addresses
6.01. The Recipient’s Representative referred to in
Section 7.02 of the Standard Conditions is the Minister, or a Vice Minister, of
the Ministry of Finance.
6.02. The Recipient’s Address referred to in
Section 7.01 of the Standard Conditions is:
Ministry of Finance
28 Tran Hung Dao
Hanoi, Vietnam
Facsimile:
(84-24) 2220 8020
6.03. The World Bank’s Address referred to in
Section 7.01 of the Standard Conditions is:
International Bank for Reconstruction and
Development
1818 H Street, N.W.
Washington, D.C. 20433
United States of America
Facsimile:
1-202-477-6391
AGREED at Ha noi, Viet Nam, as of the day and year
first above written.
SOCIALIST REPUBLIC OF VIETNAM
By
Authorized Representative
Name: Tran Xuan Ha
Title: Vice Minister
INTERNATIONAL BANH FOR RECONSTRUCTION AND
DEVELOPMENT/ INTERNATIONAL DEVELOPMENT ASSOCIATION
acting as administrator of the Multi-Donor Trust
Fund for the Global Financing Facility in Support of Every Woman Every Child,
the Integrating Donor-Financed Health Programs Multi-Donor Trust Fund, and the
Tackling of Non-Communicable Diseases Challenges in Low and Middle-Income
Countries Multi-donor Trust Fund
By
Authorized Representative
Name: Ousmans Dione
Title: Country Director
SCHEDULE
1
Project Description
The objective of the Project is to improve the
quality and utilization of grassroots health services, with a focus on the
commune level, in the Project Provinces.
The Project consists of the parts described in
Schedule 1 to the Financing Agreement.
SCHEDULE
2
Project Execution
Section I. Institutional and
Other Arrangements
A. Implementation
Arrangements
1. The institutional and other arrangements
described in Section 1 of Schedule 2 (except Section I.B) to the Financing
Agreement are hereby incorporated by reference in this Section, unless the
context otherwise requires, and shall apply, mutatis mutandis, to the
Grant, and the Recipient hereby undertakes to comply with the provisions
thereof to the same extent as if such provisions had been set out in full in
this Agreement.
2. For greater clarity and the avoidance of doubt,
in view of the incorporation of Section I of Schedule 2 (except Section I.B) to
the Financing Agreement in this Agreement pursuant to the preceding paragraph,
if the Financing Agreement terminates prior to the termination of this
Agreement, such termination shall have no effect for purposes of this
Agreement, and the provisions of the Financing Agreement incorporated in this
Agreement pursuant to the preceding paragraph shall continue in full force and
effect between the Recipient and the World Bank for purposes of this Agreement
following and notwithstanding such termination of the Financing Agreement.
B. Anti-Corruption
The Recipient shall ensure that the Project is
carried out in accordance with the provisions of the Anti-Corruption
Guidelines.
C. Donor Visibility and Visit
1. The Recipient shall take or cause to be taken
all such measures as the World Bank may reasonably request to identify publicly
the Donors’ support for the Project.
2. For the purposes of Section 2.09 of the Standard
Conditions, the Recipient shall, upon the World Bank’s request, enable the
representatives of the Donors to visit any part of the Recipient’s territory
for purposes directly related to the Project.
Section II. Protect Monitoring,
Reporting and Evaluation
A. Project Reports;
Completion Report
1. The Recipient, through MOH and the Project
Provinces, shall monitor and evaluate the progress of the Project and prepare
Project Reports in accordance with the provisions of Section 2.06 of the
Standard Conditions and on the basis of indicators acceptable to the World Bank
and set forth in the Project Operations Manual. Each Project Report shall cover
the period of one calendar semester, and shall be furnished to the World Bank
not later than forty-five (45) after the end of the period covered by such
report.
2. The Recipient, through MOH and the Project
Provinces, shall carry out jointly with the World Bank, not later than thirty
(30) months after the Effective Date, or such other period as may be agreed by
the World Bank, a midterm review to assess the status of Project
implementation, as measures against the performance indicators set forth in the
Project Operations Manual. Such review shall include an assessment of: (i) the
progress in implementation; (ii) the results of monitoring and evaluation
activities; (iii) the progress on procurement and disbursement; (iv) compliance
with safeguard requirements; (v) adequacy of implementation arrangements; and
(vi) the need to make any adjustments to the Project to improve performance.
3. The Recipient, through MOH and the Project
Provinces, shall prepare the Completion Report in accordance with the
provisions of Section 2.06 of the Standard Conditions. The Completion Report
shall be furnished to the World Bank not later than six (6) months after the
date referred to in Section III.B.2 of Schedule 2 to the Financing Agreement.
B. Financial Management;
Financial Reports; Audits
1. The Recipient, through MOH and the Project
Provinces, shall ensure that a financial management system is maintained in
accordance with the provisions of Section 2.07 of the Standard Conditions.
2. The Recipient, through MOH and the Project
Provinces, shall ensure that interim unaudited financial reports for the
Project are prepared and furnished to the World Bank not later than forty-five
(45) days after the end of each calendar semester, covering the semester, in
form and substance satisfactory to the World Bank.
3. The Recipient, through MOH and the Project
Provinces, shall have its Financial Statements for the Project audited in
accordance with the provisions of Section 2.07 (b) of the Standard Conditions.
Each such audit of the Financial Statements shall cover the period of one
fiscal year of the Recipient. The audited Financial Statements for each such
period shall be furnished to the World Bank not later than six (6) months after
the end of such period.
Section III. Procurement
All goods non-consulting services consulting
services required for the Project and to be financed out of the proceeds of the
Grant shall be procured in accordance with the requirements set forth or
referred to in the Procurement Regulations, and the provisions of the
Procurement Plan.
Section IV. Withdrawal of MDTF
Grant and PHGF Grant Proceeds
A. General
1. The Recipient may withdraw the proceeds of the
MDTF Grant and PHGF Grant in accordance with the provisions of; (a) Article III
of the Standard Conditions; (b) this Section; and (c) such additional
instructions as the World Bank may specify by notice to the Recipient
(including the “Disbursement Guidelines for Investment Project Financing” dated
February 2017, as revised from time to time by the World Bank and as made
applicable to this Agreement pursuant to such instructions), to finance
Eligible Expenditures as set forth in the table in paragraph 2 below.
2. The following table specifies the categories of
Eligible Expenditures that may be financed out of the proceeds of the MDTF
Grant Mid PHGF Grant (“Category”), the allocations of the amounts of the MDTF
Grant and PHGF Grant to each Category, and the percentage of expenditures to be
financed for Eligible Expenditures in each Category:
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Category
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Amount of the MDTF Grant Allocated (expressed in USD)
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Amount of the PHGF Grant Allocated (expressed in USD)
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Percentage of Expenditures to be Financed (inclusive of
Taxes)
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(1) Goods, consulting
services, Incremental Operating Costs, and Training and Workshops under Parts
2.2, 2.3 and 3 of the Project
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5,000,000
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100%
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(2) Goods, consulting
services, non-consulting services, Incremental Operating Costs, and Training
and Workshops under Parte 2.2, 2.3 and 3 of the Project
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3,000,000
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100%
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TOTAL AMOUNT
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5,000,000
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3,000,000
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B.
Withdrawal Conditions; Withdrawal Period
1. Notwithstanding the provisions of Part A of this
Section no withdrawal shall be made for payments made prior to the date of this
Agreement.
2. The Closing Date referred to in Section 3.06 (c)
of the Standard Conditions is; (a) with respect to the MDTF Grant, June 30,
2023; and (b) with respect to the PHGF Grant, March 31, 2022.
APPENDIX
Definitions
1. “Anti-Corruption Guidelines” means the
“Guidelines on Preventing and Combating Fraud and Corruption in Projects
Financed by IBRD Loans and IDA Credits and Grants”, dated October 15, 2006 and
revised in January 2011 and as of July 1, 2016.
2. “Financing Agreement” means the agreement for
the Project between the Recipient and IDA, dated the same date as this
Agreement, as such agreement may be amended from time to time. “Financing
Agreement” includes all appendices, schedules and agreements supplemental to
the Financing Agreement.
3. “GFF Grant” means the grant referred to in
Section 3.01(a) of this Agreement.
4. “Incremental Operating Costs” means the
reasonable costs of incremental eligible expenditures incurred by the Recipient
in the implementation of the Project, based on annual work plans and budgets
approved by the World Bank, which expenditures would not have been incurred
absent the Project, including the costs of consumables, operation, maintenance,
and/or rental of equipment and vehicles; bank charges; communication costs;
information and communication campaigns; transportation costs; translation,
printing, photocopying and advertising expenses; accommodation and per diem for
Project staff including contracted staff and other participants for purposes of
Project implementation, management, and supervision; and wages of contracted
staff; but in all cases excluding salaries, salary allowances, and salary
supplements of the Recipient’s civil servants (“công chức”, “viên chức”).
5. “MDTF Grant” means the grant referred to in
Section 3.01(b) of this Agreement.
6. “PHGF Grant” means the grant referred to in
Section 3.01(c) of this Agreement.
7. “Procurement Plan” means the Recipient’s
procurement plan for the Project, dated April 26, 2019, and provided for under
Section IV of the Procurement Regulations, as the same may be updated from time
to time in agreement with the World Bank.
8. “Procurement Regulations” means the “World Bank
Procurement Regulations for Borrowers under investment Project Financing”, dated
July 1, 2016, revised November 2017.
9. “Standard Conditions” means the “Standard
Conditions for Grants Made by the World Bank Out of Various Funds”, dated
February 15, 2012.
10. “Training and Workshops” means the reasonable
costs of expenditure incurred by the Recipient, and the Project Provinces based
on annual work plans and terms of reference acceptable to the World Bank, in
facilitating and conducting domestic and overseas training and workshop
activities of the Project, including costs of training or workshop materials
and consumables; honoraria; interpretation and translation; equipment and venue
rental; lunches; and per diem, accommodation, and transportation for those
attending the training or workshop; but excluding salary and salary supplements
of Recipient’s civil servants (“công chức” and “viên chức”).
