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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:
59/2020/TB-LPQT
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Hà Nội, ngày 01
tháng 12 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:
Thỏa thuận giữa Chính phủ nước Cộng hòa xã hội
chủ nghĩa Việt Nam và Tổ chức Giáo dục, Khoa học và Văn hóa của Liên hợp quốc
(UNESCO) về việc thành lập tại Hà Nội, Việt Nam, “Trung tâm Vật lý quốc tế” là
Trung tâm khoa học dạng 2 dưới sự bảo trợ của UNESCO, ký tại Hà Nội ngày 25
tháng 8 năm 2017 có hiệu lực từ ngày 29 tháng 10 năm 2020.
Bộ Ngoại giao trân trọng gửi bản sao Thỏa thuận
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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AGREEMENT BETWEEN
THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND
THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO)
CONCERNING THE
ESTABLISHMENT IN HANOI, VIET NAM, OF THE INTERNATIONAL CENTRE OF PHYSICS, AS A
CENTRE UNDER THE AUSPICES OF UNESCO (CATEGORY 2)
The Government of the Socialist Republic of Viet
Nam and the United Nations Educational, Scientific and Cultural Organization
(UNESCO), hereinafter referred as the “Parties",
Having regard to UNESCO's Medium-term
Strategy (2014-2021) whereby the Organization proclairns its Strategic Programme
Objectives 4 and 5;
Further noting the constituent elements of
the mandate set for the International Basic Sciences Programme (IBSP);
Emphasizing UNESCO's role to catalyzing
international cooperation for human and institutional capacity -building in Member
States in its fields of competence;
Recognizing the need and opportunity for
cooperation in the basic sciences, particularly in physics, with Viet Nam
institutions and between these institutions and other countries, particularly
in Asia and the Pacific;
Considering that the Director-General has
been authorized by the General Conference to conclude with the Government of
the Socialist Republic of Viet Nam an Agreement in conformity with the draft
that was submitted to the General Conference;
Desirous of defining the terms and conditions
governing the framework of cooperation with UNESCO that shall be granted to the
said Centre in this Agreement;
HAVE AGREED AS FOLLOWS:
Article
1 - Definitions
For the purposes of the present Agreement the
expressions:
(a) “UNESCO” refers to the United Nations
Educational, Scientific and Cultural Organization.
(b) “Government” means the Government of the
Socialist Republic of Viet Nam
(c) “Center” means the international Centre of
Physics
(d) “MOST” refers to the Ministry for Science and
Technology of Viet Nam
(e) “VAST” refers to the Viet Nam Academy of
Scienca and Technology
(f) “IoP” refers to the Institute of Physics, VAST
(g) “ICTP” refers to the International Centre
for Theoretical Physics, a Category 1 Centre of UNESCO.
(h) “IBSP” refers to the International Basic
Sciences Programme of UNESCO.
Article
2 - Establishment
The Government shall agree to take, in the course
of the year 2018, any measures that may be required for the creation or the
proposed Centre, on the premless or the Physics campus of the VAST, as a
Category 2 Centre under the auspices or UNESCO, as provided for under this
Agreement.
Article
3 - Purpose of the Agreement
The purpose of this Agreement is to define the
terms and conditions governing collaboration between the Government and UNESCO
and also the rights and obligations stemming therefrom for the Parties.
Article
4 - Legal Status
1. The Centre shall be independent of UNESCO.
2. The Government shall ensure that the Centre
enjoys within its territory the functional autonomy necessary for the execution
of its activities and the legal capacity to:
- contract
- institute legal proceedings; and,
- acquire and dispose of movable and immovable
property.
Article
5 - Constitutive Act
The Constitutive Act of the Centre shall be issued
by the Government, through the Vietnam Academy of Science and Technology, and
must include provisions describing precisely:
(a) the legal status granted to the Centre within
the national legal system, as well as the legal capacity necessary to exercise
its functions and to receive funds, obtain payments for services rendered and
acquire all means necessary for its functioning;
(b) a governing structure for the Centre allowing
UNESCO representation within its governing body.
Article
6 - Objectives and Functions of the Centre
1. The objectives of the Centre shall be to:
(a) undertake research and training in physics at
the highest international standards;
(b) provide an international centre for capacity
building in the basic sciences, through schools and workshops;
(c) support research in those countries in
Asia-Pacific and in the least developed countries in Africa, where physical
research is not yet well- developed; and,
(d) provide expertise to decision makers, educators
and the general public to strengthen the research and development potential in
the region and beyond.
2. The functions of the Centre shall be to develop
training and regional capacity-building activities with a focus on:
(a) advanced training and development through
scientific research, carried out by the Centre’s permanent staff and by
short/long-term visitors, in cooperation with national and international
institutions and with participation in international research projects; and,
(b) scientific events and knowledge transfer
through short-term activities, developed in cooperation with UNESCO's IBSP,
ICTP and other scientific institutions, including schools, workshops,
conferences and seminars compatible with UNESCO programmes.
Article
7-Governing Board
1. The Centre shall be guided and supervised by a
Governing Board to be renewed every six year and includes:
(a) a representative of the Viet Nam Academy of
Science and Technology (VAST), who will chair the board;
(b) a representative of the Ministry of Science and
Technology of Viet Nam (MOST);
(c) a representative of the institute of Physics
(IoP);
(d) the Executive Secretary of IBSP or his/her
representative, nominated by the UNESCO Director-General;
(e) the Director of the ICTP or his/her representative,
nominated by the UNESCO Director-General;
(f) representatives of Member State(s), which have
sent to the Centre notification for membership. In accordance with the
stipulations of Article 10, paragraph 2, and have expressed interest in being represented
on the Board.
2. The Governing Board shall:
(a) approve the long-term and medium-term
programmes of the Centre;
(b) approve the annual work plan of the Centre,
including the staffing table;
(c) examine the annual reports submitted by the
Director of the Centre, including the biennial satf-assessment reports of the
Centre's contribution to UNESCO’s programme objectives;
(d) examine the pericdio independent audlt reports of
the financial statements or the Centre and monitor the provision of such
accounting records necessary for the preparation of financial statements;
(e) adopt the rules and regulations, and determine
the financial, administrative and personnal management procedures for the
Centre in accordance with the laws of the country;
(f) decide on the participation of regional
intergovernmental organizations and international organizations in the work of
the Centre.
3. The Governing Board shall meet in ordinary session
at regular intervals, at least once every calendar year; it shall meet in
extraordinary session if convened by its Chairperson, either on his or her own
initiative or at the request of the UNESCO Director-General or of two-thirds of
its members. The costs related to the organization of the Governing Board
meeting shall be covered by the Centre.
4. The Governing Board shall adopt its own rules of
procedure. For its first meeting the procedure shall be established by the
Government and UNESCO.
Article
8 - UNESCO’s Contribution
1. UNESCO may provide assistance, as needed, in the
form of technical assistance for the program activities of the Centre, in
accordance with the strategic goals and objectives of UNESCO by:
(a) providing the assistance of its experts in the
specialized fields of the Centre;
(b) engaging in temporary staff exchangee when
appropriate, whereby the staff concerned will remain on the payroll of the
dispatching organizations;
(c) seconding members of its staff temporarily as
may be decided by the Director- General on an exceptional basis and if
justified by the implementation of a joint activity/project within a strategic
program priority area.
2. In all the cases listed above, such assistance
shall not be undertaken except within the provisions of UNESCO's programme and
budget, and UNESCO will provide Members States with accounts relating to such
use of its staff and associated costs.
Article
9 - Contribution by the Government
1. The Government shall provide all the resources,
financial or in-kind, required for the administration and proper functioning of
the Centre.
2. The Centre's infrastructure and permanent
personnel are provided by VAST and IoP, on behalf of the Government.
3. The Government undertakes to:
(a) allocate to the Centre an annual budget
sufficient to ensure the Centre's activities based on its approved annual work
plan;
(b) encourage Vietnamese institutions in
collaboration wtih the Centre to make financial and/or in-kind contributions;
(c) help the Centre to undertake various
fund-raising activities from other national and international
institutions/organizations;
(d) assist the Centre to access funding provided by
regional and international funding agencies, through project proposals
submitted and evaluated in a peer-reviewing system in accordance with
Vietnamese law.
Articles
10- Participation
1. The Centre shall encourage the participation of
Member States and Associate Members of UNESCO which, by their common interest
in the objectives of the Centre, desire to cooperate with the Centre.
2. Member States and Associate Members of UNESCO
wishing to participate in the Centre’s activities as provided for under this
Agreement, shall send to the Centre notification to this effect. The Director
of the Centre shall inform the Governing Board, the Government, UNESCO and
other Member Stales of the receipt of with notifications.
Article
11 - Responsibility
As the Centre is legally separate from UNESCO, the
latter shall not be legally responsible for the acts or omissions of the Centre
and shall also not be the subject to any legal process, and/or shall beer no
liabilities of any kind, be they financial or otherwise, with the exception of
the provisions expressly laid down in this Agreement.
Acticle
12 - Evaluation
1. UNESCO may, at any time, carry out an evaluation
of the activities of the Centre in order to ascertain:
(a) whether the Centre makes a significant
contribution to UNESCO's strategic programme objectives and expected results
aligned with the four- year programmatic period of the C/5 document (Programme
and Budget), including the two global priorities of UNESCO, and related
sectoral or programme priorities and themes;
(b) whether the activities effectively pursued by
the Centre are in conformity with these set out in this Agreement
2. UNESCO shall, for the purpose of the review of
this Agreement, conduct an evaluation of the contribution of the Centre to
UNESCO's strategic programme objectives, to be funded by the host country or
Centre.
3. UNESCO undertakes to submit to the Government,
at the earliest opportunity, a report on any evaluation conducted.
4. Following the results of an evaluation, each of
the Parties shall have the option of requesting a revision of its contents or
of denouncing the Agreement, as envisaged in Articles 16 and 17
Article
13 - Use of the UNESCO Name and Logo
1. The Centre may mention its affiliation with
UNESCO and may therefore use after its the the mention: "under the
auspices of UNESCO".
2. The Centre is authorized to use the UNESCO logo
or a version thereof on its letter- headed paper and documents, including on
electronic documents and on web pages, in accordance with the conditions
established by the governing bodies of UNESCO.
Article
14 - Entry into Force
This Agreement shall enter into force following its
signature by the Parties and when they have informed each other in writing
through diplomatic channels, that all the formalities required to that effect
by the applicable laws and regulations of both Parties have been completed. The
date of receipt of the last notification shall be deemed to be the date of
entry into force of this Agreement.
Article
15 - Duration
This Agreement is conducted for a period of six
years as from its entry into force. The Agreement shall be renewed upon common
agreement between the Parties once the Executive Board has made its comments
based on the results of the renewal assessment provided by the
Director-General.
Article
16 - Denunciation
1. Each of the Parties shall be entitled to
denounce this Agreement unilaterally.
2. The denunciation shall take effect within 30
days following receipt of the notification sent by one of the Parties to the
other.
Article
17 - Revision
This Agreement may be revised by consent between
the Government and UNESCO.
Article
18 - Settlement of Disputes
1. Any disputes between the Government and UNESCO
concerning the interpretation or application of the Agreement if not settled by
negotiation or any other appropriate method agreed upon by the Parties, shall
be submitted for final decision to an arbitration tribunal composed of three
members, one of whom shell be appointed by a representative of the Government,
another by the UNESCO Director -General, and a third, who shall preside over
the tribunal, shall be chosen by the first two. If the two arbitrators cannot
agree on the choice of a third, the appointment shall be made by the President
of the International Court of Justice.
2. The tribunal's decision shall be final.
IN WITNESS WHEREOF, the undersigned being duty
authorized thereto, have signed this Agreement.
DONE in two copies in English, in Hanoi, on 25
August, 2017.
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For the
Government of
the Socialis Republic of Viet Nam
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For the United
Nations Educational,
Scientific and Cultural Organization (UNESCO)
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