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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:
54/2017/TB-LPQT
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Hà Nội, ngày 28
tháng 12 năm 2017
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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 khung giữa Chính phủ nước cộng hòa xã
hội chủ nghĩa Việt Nam và Chính phủ Đại hàn Dân quốc cho các khoản tín dụng từ
Quỹ hợp tác phát triển kinh tế (EDCF) giai đoạn 2016 - 2020, ký tại Hà Nội,
ngày 08 tháng 11 năm 2017, có hiệu lực từ ngày 08 tháng 11 năm 2017.
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
Lê Hải Triều
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FRAMEWORK ARRANGEMENT
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE
REPUBLIC OF KOREA CONCERNING LOANS FROM THE ECONOMIC DEVELOPMENT COOPERATION
FUND FOR THE YEARS 2016 THROUGH 2020
The Government of the Socialist Republic of Viet
Nam (hereinafter referred to as the "Vietnamese Government") and the
Government of the Republic of Korea (hereinafter referred to as the
"Korean Government") (hereinafter referred to as the
"Parties"),
In accordance with the Agreement between the
Government of the Socialist Republic of Viet Nam and the Government of the
Republic of Korea concerning Loans from the Economic Development Cooperation
Fund signed on April 12, 1995 (hereinafter referred to as the "Agreement"),
Have agreed as follows:
Article
1
The Korean Government shall
enable the Vietnamese Government to obtain loans from the Economic Development
Cooperation Fund (hereinafter referred to as the "EDCF") up to a
maximum commitment amount in Korean Won not exceeding the equivalent of one
billion five hundred million US dollars (US$ 1,500,000,000) for the years 2016
through 2020 to finance EDCF loan projects in the Socialist Republic of Viet
Nam, unless otherwise agreed by the Parties.
Article
2
An EDCF loan for each
individual project (hereinafter referred to as the "Loan") shall be
extended to the Vietnamese Government in accordance with the following
procedures:
(a) The Vietnamese Government and The Korean
Government shall identify potential projects in close collaboration with each
other, and the Vietnamese Government shall submit a list of prospective
projects to be financed under this Arrangement to the Korean Government;
(b) The Vietnamese Government shall request the
Korean Government, through diplomatic channels, to extend a Loan for each
individual project;
(c) In case the Korean Government decides to extend
a Loan for the requested project after appraisal of the project, it shall
inform the Vietnamese Government of its decision through diplomatic channels;
and the Vietnamese Government shall send its acceptance to the Korean
Government through diplomatic channels; and
(d) Details of each individual project and the Loan
amount for the project shall be set out in and made available through a loan agreement
(hereinafter referred to as the "Loan Agreement") to be concluded
between the Vietnamese Government and The Export-Import Bank of Korea
(hereinafter referred to as the "Bank").
Article
3
1. The terms and conditions
for each individual project shall be specified in each Loan Agreement to the
extent consistent with the Agreement and the provisions of this Arrangement.
Each Loan Agreement shall contain, inter alia, the following principles, unless
otherwise agreed by the Parties:
(a) The borrower or guarantor of the Loan shall be
the Vietnamese Government;
(b) The repayment period shall be twenty five to
forty (25-40) years, including a seven to ten (7-10) year grace period, and the
interest rate shall be zero percent to two percent (0%-2.0%) per annum. Such
terms and conditions are subject to change reflecting the revision of country
classification, may be determined in due consideration of the characteristics
of individual projects including procurement conditions, and shall be in
accordance with the laws and regulations and guidelines of Republic of Korea,
and specified in the Loan Agreement of the individual project;
(c) No interest shall accrue for the Loan covering
the consulting services costs, in case the consultant is selected from among
Korean firms;
(d) In the event that the Vietnamese Government
fails to make payment of all or any portion of the principal of the Loan or any
other amount due under the Loan Agreements, the unpaid amount shall bear an
overdue charge at the rate of two percent (2%) per annum in addition to the
interest rate specified in the Loan Agreements;
(e) The eligible source countries for the
procurement of goods and services including consulting services, to be financed
out of the Loan shall be the Republic of Korea for the foreign currency portion1) and the Socialist Republic of Viet Nam for the
local currency portion2). Procurement from the
third countries other than the eligible source countries, if any, maybe
acceptable if the Parties agree and shall be set out in the Loan Agreements;
(f) The procurement or consulting contracts shall
be concluded within eighteen (18) months from the effective date of each Loan
Agreement;
(g) Eligible suppliers for EDCF loan-financed
projects shall be Korean companies. Considering the characteristics of
individual projects, if both parties agree, additional eligible suppliers may
be allowed and shall be set out in the Loan Agreements; and
(h) The Vietnamese Government ensures that the
Value Added Tax (VAT) and import tax imposed in the Socialist Republic of Viet
Nam on goods and services provided by the suppliers for the implementation of
the projects under the Loan Agreements shall be borne by the executing agencies
of the project.
2. The revision of any principle stated in
paragraph 1 above may be made with the mutual consent of the Parties, and shall
be set out in the Loan Agreements.
3. The procurement of goods and services under the
EDCF Loan shall be made in conformity with each Loan Agreement including the
Guidelines for Procurement under the EDCF Loan and the Guidelines for the
Employment of Consultants under the EDCF Loan.
Article
4
Should the Loan allocated to
a project be insufficient for the implementation of the project, the Vietnamese
Government shall take responsibility to provide such funds as shall be needed.
Article
5
The Loans shall be disbursed
by the Bank to the Vietnamese Government upon its request, or to the suppliers
and/or consultants on behalf of the Vietnamese Government, in accordance with
the disbursement procedures under the Loan Agreements.
Article
6
1. The Vietnamese Government
shall permit the Bank to maintain an EDCF office in the Socialist Republic of
Viet Nam (hereinafter referred to as the "Office") with the same
status as the offices of other development partners executing ODA loans to the
Vietnamese Government and shall allow Resident Representatives to be dispatched
from the Republic of Korea (hereinafter referred to as the "Representatives")
and the EDCF staff to be dispatched from the Republic of Korea (hereinafter
referred to as the "Staff") to discharge their duties in connection
with the Loans under this Arrangement.
2. The Vietnamese Government shall accord the
Representatives, Staff and then families as well as the Office the following
privileges, exemptions, and benefits:
(a) For the Representatives, Staff and their
families:
(i) exemption from income tax and other fiscal
charges imposed on remuneration for fulfilling their duties of EDCF in the
Socialist Republic of Viet Nam;
(ii) exemption from consular fees, customs duties,
taxes and other charges of a similar nature other than those for storage,
cartage, and similar services, as well as from the requirements of obtaining
import licenses and certificates of foreign exchange coverage, in respect of
the importation of personal and household effects including one motor vehicle
for each Representative and Staff member who is assigned to stay in the
Socialist Republic of Viet Nam for more than 183 days and actually resides in
the Socialist Republic of Viet Nam and other items for personal use only;
(iii) exemption from special consumption tax and
VAT on one motor vehicle for each Representative and Staff member who is assigned
to stay in the Socialist Republic of Viet Nam for more than 183 days and
actually resides in the Socialist Republic of Viet Nam and does not import any
motor vehicle into the Socialist Republic of Viet Nam, in case of a local
purchase;
(iv) exemption from the registration fees for the
motor vehicles mentioned in (ii) and (iii) above;
(v) permission to enter, leave, and sojourn in the
Socialist Republic of Viet Nam for the duration of their assignment therein,
and the expediting and facilitation of the procedures for alien registration
and exemption from consular fees;
(vi) issuance of identification cards and special
passes to enter airports and seaports beyond the passport control point to
receive and send off missions of the EDCF; and
(vii) expediting and facilitation of the
acquisition of car driving licenses.
(b) For the Office:
(i) exemption from customs duties, taxes, and other
charges of similar nature other than those for storage, cartage and similar
services, as well as from the requirements of obtaining import licenses and
certificates of foreign exchange coverage, in respect of the importation of
office equipment and other articles, including telex machines, necessary for
office activities;
(ii) exemption from all customs duties, taxes,
registration fees and other charges related to importation and registration
procedures of motor vehicles necessary for office activities whose number is to
be agreed between the relevant authorities of the Parties; and
(iii) exemption from income tax and other fiscal
charges Imposed on or in connection with office expenses remitted from
overseas.
(c) Other measures necessary for the performance of
the duties of the Representatives, Staff and Office.
3. The motor vehicles mentioned in paragraph 2
above shall be subject to payment of customs duties and taxes if they are
subsequently sold or transferred within the Socialist Republic of Viet Nam to
individuals or organizations not entitled to exemption from such duties and
taxes or similar privileges.
4. The Representatives, Staff and their families as
well as the Office importing goods free of customs duties, taxes, and other
charges of a similar nature, in accordance with sub-paragraphs (a) and (b) of
paragraph 2 above shall present details of such goods to the authority
concerned of the Vietnamese Government to assist with import and re-export
formalities.
5. The Representatives, Staff and their families as
well as the Office shall re-export, sell within the Socialist Republic of Viet
Nam or grant to the Vietnamese Government on its approval the items imported
free of customs duties, taxes, and other charges of a similar nature, in
accordance with the laws and regulations of the Socialist Republic of Viet Nam.
6. The Vietnamese Government shall accord the
Representatives, Staff and their families as well as the Office such
privileges, exemptions, and benefits no less favorable than those accorded to
the representatives, staff and their families as well as the offices of
executing agencies of any third country or of any international organization
performing a similar mission in the Socialist Republic of Viet Nam. Such
privileges, exemption and benefits are subject to change to be in accordance
with relevant laws and regulations of the Socialist Republic of Viet Nam on privileges,
exemption and benefits applied on operations of development partners in the
Socialist Republic of Viet Nam.
Article
7
The Parties mutually agree to
further negotiate the specific terms and conditions of the Loan Agreements in
line with this Arrangement.
Article
8
This Arrangement may be
amended by the mutual written consent of the Parties. The amendment shall
become effective on the date agreed upon by the Parties. The amendment of this
Arrangement shall not affect the validity of any Loan advanced prior to such
amendment, unless otherwise agreed by the Parties.
Article
9
Any dispute arising out of
the interpretation or implementation of this Arrangement shall be settled
amicably through negotiations between the Parties.
Article
10
1. This Arrangement shall
enter into force on the date of signature and shall remain in force, unless
otherwise agreed upon by the Parties, until the Vietnamese Government performs
all the obligations under each of the Loan Agreements.
2. Either Government may terminate this Arrangement
at any time by notification to the other Government through diplomatic
channels. The termination shall take effect six (6) months from the date of the
notification of termination to the other Government. Obligations outstanding at
the time of such termination shall nonetheless be completed in accordance with
the provisions of this Arrangement, unless otherwise agreed by the Korean
Government.
IN WITNESS WHEREOF, the undersigned, being duly
authorized by their respective Governments, have signed this Arrangement.
Done in duplicate at Hanoi, on this 8th
day of November, 2017, in the English language.
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FOR THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
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FOR THE
GOVERNMENT OF THE REPUBLIC OF KOREA
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1) Foreign
currency portion means the portion of project cost payable to contractor(s) or
consultant(s) for the goods and services manufactured in or provided by
eligible source countries other than the borrower’s country.
2) Local currency
portion means the portion of project cost payable to contractor(s) or
consultant(s) for the goods and services manufactured in or provided by the
borrower’s country.
