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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:
48/2018/TB-LPQT
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Hà Nội, ngày 09
tháng 10 năm 2018
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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:
Bản ghi nhớ giữa Chính phủ nước Cộng hòa xã hội
chủ nghĩa Việt Nam và Chính phủ Cộng hòa Xinh-ga-po về các nguyên tắc hoạt động
của Trung tâm đào tạo Việt Nam - Xinh-ga-po, ký tại Xinh-ga-po, ngày 31
tháng 7 năm 2018, có hiệu lực đối với Việt Nam từ ngày 31 tháng 7 năm 2018.
Bộ Ngoại giao trân trọng gửi bản sao Bản ghi nhớ
theo quy định tại Điều 59 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ PHÁP LUẬT VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Lê Hải Triều
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MEMORANDUM OF UNDERSTANDING (“MOU”)
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE
REPUBLIC OF SINGAPORE ON THE PRINCIPLES FOR THE OPERATION OF THE VIET NAM -
SINGAPORE COOPERATION CENTRE
PREAMBLE:
The Government of the Socialist Republic of Viet
Nam (hereinafter referred to as “Viet Nam”) and the Government of the
Republic of Singapore (hereinafter referred to as “Singapore”).
ACKNOWLEDGING the excellent state of
bilateral relations and the Strategic Partnership established in 2013 between
Singapore and Viet Nam (hereinafter collectively referred to as “the Parties”
and individually as “the Party”);
RECALLING the decision of the Association of
Southeast Asian Nations (hereinafter referred to as “ASEAN”) to adopt at
its 4th Informal Summit in Singapore in 2000 the “Initiative for
ASEAN Integration” (hereinafter referred to as “IAI”), a framework for
regional cooperation with the long-term objective of narrowing the development
gap between the newer ASEAN members and the ASEAN-6;
BUILDING upon the MOU between both Parties
on the Principles for the Operation of the Viet Nam-Singapore Training Centre
(hereinafter referred to as the “VSTC”) signed on 28 November 2001;
UNDERTAKING to comply with respective laws
and regulations of each Party relating to areas of cooperation in the process
of implementation of this MOU;
INTENDING to continue cooperation to develop
the human resources of Viet Nam consistent with the objectives of the IAI and
demonstrating Singapore’s continued commitment to ASEAN integration:
HAVE AGREED AS FOLLOWS:
Article
I
Objective
The Parties agree to enhance the existing VSTC in
Ha Noi into an integrated development platform called the Viet Nam-Singapore
Cooperation Centre (hereinafter referred to as the “VSCC”).
Article
II
Coordinating
Ministries
The Ministry of Foreign Affairs of Viet Nam and the
Ministry of Foreign Affairs of Singapore (hereinafter referred to as “the
Ministries”) shall be the main coordinating Ministries responsible for the
implementation of this MOU.
Article
III
Focal
Point Agencies
The agencies designated by the Ministries as their
agents for the implementation of this MOU (hereinafter referred to as “the
Focal Point Agencies”) are:
(a) For Singapore: The Embassy of Singapore in Ha
Noi, Viet Nam; and
(b) For Viet Nam: The Diplomatic Academy of Viet
Nam, Ministry of Foreign Affairs, Viet Nam.
Article
IV
Scope
of Activities
Subject to Vietnamese laws and regulations, the
VSCC shall facilitate capacity building activities by Singaporean agencies with
relevant development expertise. Such activities may include, but are not
limited to, the following:
(a) In-country training courses in areas relevant
to Viet Nam’s needs and aligned to the objectives of the IAI;
(b) Sustainable urban planning and development
solutions;
(c) Advisory or consultancy projects to assist in
Viet Nam’s development goals in areas where Singapore has expertise such as (i)
Info-Communications Technology (“ICT”) Master Planning; (ii) technical and
vocational training; (iii) E-Governance solutions; (iv) trade and economic
growth solutions; (v) administrative and judicial reforms; (vi) urban transport
management; (vii) cyber security; and (viii) sanitation and quarantine; and/or
(d) Local community projects on areas such as
healthcare, education, social entrepreneurship, and water, sanitation and
hygiene.
Article
V
Location
The VSCC shall be located in the office premises at
Pacific Place, 83B Ly Thuong Kiet, Ha Noi, Viet Nam, until a suitable alternative
site is found.
Article
VI
Roles
and Responsibilities of Singapore
(a) Singapore shall, subject to its available
resources, ensure that the VSCC is appropriately furnished and equipped to
support its activities.
(b) Singapore shall appoint suitably qualified
staff to manage and administer the VSCC. These may include a Centre Director,
Centre Manager and support staff, as necessary.
(c) Singapore shall undertake to bear the following
costs of the VSCC for the duration of the MOU, where applicable:
(i) Rental, furnishing, equipping and maintenance
of the VSCC;
(ii) The starting salary of the Vietnamese
Co-Manager of the VSCC fixed at US$660 (six hundred and sixty US dollars) a
month;
(iii) The expenses incurred in the hiring of staff
for the purpose of managing and administering the VSCC, pursuant to Article VI
(b).
(d) The salary of the VSCC staff pursuant to
Article VI (b) and Article VII (b) will be reviewed periodically. The salary of
any newly appointed Vietnamese Co-Manager(s) of the VSCC will be fixed at the
amount stated in Article VI (c) (ii).
Article
VII
Rotes
and Responsibilities of Viet Nam
(a) Viet Nam shall identify and nominate suitably
qualified Vietnamese participants to participate in the VSCC’s activities,
whose participation shall be subject to the mutual agreement of both Parties.
Viet Nam shall encourage the participants’ foil attendance during the duration
of said activities.
(b) Viet Nam shall appoint one (1) official to be
seconded to the VSCC as Co-Manager of the VSCC. The said Co-Manager shall,
inter alia, be responsible for performing the following tasks on a day-to-dav
basis for the VSCC:
(i) Assist the Centre Director and/or Manager in
ensuring the smooth running and efficient operation of the VSCC and its
activities;
(ii) Coordinate and liaise with the Focal Point
Agencies and other Vietnamese official agencies on the nomination of officials
and their participation in the activities conducted at the VSCC;
(iii) Ensure the maintenance of discipline among
participants of activities conducted at the VSCC; and
(iv) Attend to any other matter that the Management
Board may direct from time-to-time.
(c) Viet Nam shall undertake to:
(i) Grant an operating license to enable the VSCC
to commence and thereafter continue its operations;
(ii) Arrange and bear expenses related to domestic
travel, accommodation and other incidental costs incurred by all participants
from Viet Nam’s side in connection with the activities conducted by the VSCC in
accordance with Viet Nam’s current laws and regulations;
(iii) Provide the value-added tax (“VAT”)
refund for the rental of the office to house the VSCC as provided under Article
V from the beginning of the leasing term of the said office premises; and
(iv) Exempt any training materials and documents brought
into Viet Nam in connection with the activities at the VSCC from import duty,
and ensure the favourable treatment of such materials and documents for customs
clearance.
Article
VIII
Funding
The VSCC’s activities may be funded by either Party
or co-funded by both Parties upon the mutual agreement of both Parties.
The Parties may also use alternative funding
mechanisms such as from Public-Private Partnerships with private sector
entities of reputable standing.
Article
IX
Management
Board
The Parties shall form a Management Board for the
VSCC (hereinafter referred to as the “Management Board”) that shall
oversee the smooth running and efficient operation of the VSCC. The Management
Board shall comprise the following persons:
(a) Ambassador of Singapore to Viet Nam;
(b) One (1) duly-appointed official from the
Embassy of Singapore to Viet Nam;
(c) The President of the Diplomatic Academy of Viet
Nam of the Ministry of Foreign Affairs of Viet Nam; and
(d) One (1) other duly-appointed official from the
Ministry of Foreign Affairs of Viet Nam.
Article
X
Roles and Responsibilities of the Management Board
The Management Board shall:
(a) Convene an annual meeting to review the VSCC in
Ha Noi, Viet Nam;
(b) Convene other meetings, as and when necessary,
in Ha Noi, Viet Nam:
(c) Obtain regular feedback on the activities
conducted by the VSCC;
(d) Recommend possible future improvements to the
activities at the VSCC, taking into consideration the needs of Viet Nam, and
subject to the resources of both Parties;
(e) Submit a joint report to the Parties on the
operation of the VSCC in the preceding year, containing the matters set out in
Article X (a), (b) (c) and (d).
Article
XI
Dispute Settlement
Any question or dispute arising out of, or in
connection with, the activities at the VSCC shall be resolved by means of
mutual consultation between the Parties.
Article
XII
Amendments
This MOU may be amended with the consent of both
Parties. Such amendment(s) shall not prejudice, nor derogate, from the rights
and obligations of the Parties arising from this MOU prior to the amendment(s).
Article
XIII
Termination
Either Party may terminate this MOU at any time by
giving written notification to the other Party of its intention to terminate
this MOU at least six (6) months prior to the intended date of termination. The
termination of this MOU will not affect the validity or existence of any
projects or activities under this MOU which are in progress at the time of the
notification of such termination unless both Parties agree otherwise.
Article
XIV
Entry into Force
This MOU shall take effect on the date of signature
and will remain in effect for a period of five (5) years.
This MOU shall be automatically renewed for
successive periods of five (5) years unless either Party notifies the other
Party of its intention of termination of this MOU at least six (6) months
before this MOU expires.
IN WITNESS WHEREOF the undersigned, being duly
authorised by their respective Governments, have signed this MOU.
Done in Singapore on 31 July 2018, in duplicate in
English.
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FOR THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
PHAM BINH MINH
Deputy Prime Minister
Minister of Foreign Affairs
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FOR THE
GOVERNMENT OF THE REPUBLIC OF SINGAPORE
VIVIAN BALAKRISHNAN
Minister for Foreign Affairs
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