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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:
47/2014/TB-LPQT
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Hà Nội, ngày 15
tháng 07 năm 2014
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THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Khoản
3, Điều 47 của Luật Ký kết, gia nhập và thực hiện điều ước quốc tế năm 2005,
Bộ Ngoại giao trân trọng thông báo:
Bản ghi nhớ về Hợp tác nông nghiệp giữa
Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Liên bang
Ma-lay-xi-a, ký tại Hà Nội ngày 07 tháng 4 năm 2014, có hiệu lực kể từ ngày 07
tháng 4 năm 2014.
Bộ Ngoại giao trân trọng gửi bản sao
bản ghi nhớ theo quy định tại Điều 68 của Luật nêu trên (kèm
bản dịch tiếng Việt để tham khảo)./.
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TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Nguyễn Thị Minh Nguyệt
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF
MALAYSIA ON AGRICULTURAL CO-OPERATION
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET
NAM AND THE GOVERNMENT OF MALAYSIA (hereinafter referred to singularly as
“the Party” and collectively as “the Parties’’).
CONSIDERING the existing common desire for
friendly cooperation and enhanced relations between the Parties:
REALIZING that agricultural cooperation
would lead to common benefits and economic development of the Parties:
AIMING to promote cooperation of the Parties
in various fields of agriculture on the basis of equality and mutual respect;
HAVE AGREED as follows:
ARTICLE 1
OBJECTIVE AND MUTUAL
UNDERSTANDING
The Parties, subject to the terms of this
Memorandum of Understanding and the laws, rules, regulations and national
policies in force in each country, agree to strengthen, promote and develop
agricultural co-operation between two countries on the basis of equality and
mutual benefit.
ARTICLE 2
DESIGNATED AUTHORITY
The designated authority responsible for the
implementation of this Memorandum of Understanding on behalf of the Government
of the Socialist Republic of Viet Nam will be the Ministry of Agriculture and
Rural Development (MARD) and on behalf of the Government of Malaysia will be
the Ministry of Agriculture and Agro-Based Industry (MOA).
ARTICLE 3
AREAS OF CO-OPERATION
The Parties shall, subject to the laws, rules,
regulations and national policies in force governing the subject matter in
their respective countries, endeavor to take necessary steps to encourage and
promote cooperation in the following areas:
(i) crops;
(ii) fisheries and aquaculture;
(iii) livestock;
(iv) food processing;
(v) agriculture trade facilitation;
(vi) capacity building such as exchange of
training, study visit, research and development;
(vii) plant protection and pesticide management;
(viii) sanitary and phytosanitary; and
(ix) any other areas of co-operation in line with
the objective of this Memorandum of Understanding as may be jointly determined
by the Parties.
ARTICLE 4
IMPLEMENTATION
1. The Parties agree that the areas of co-operation
under this Memorandum of Understanding shall be carried out in a manner to be
mutually agreed upon by the Parties.
2. In addition, the Parties may enter into any
supplementary arrangements for the purpose of implementing such co-operation as
mutually agreed upon.
3. The Parties will endeavor to consult on mutual benefits
prior to regional and international fora.
The co-operation activities and programs could be
carried out as follows:
(i) exchanae of delegations of expens, scientists
and trainees;
(ii) exchange of crop seeds, animal and fish
breeds, technical information and documents;
(iii) joint organization of technical seminars,
workshops, conferences and exhibitions;
(iv) coordination, formulation and implementation
of joint research projects of interest to both Parties;
(v) any other forms of mutual cooperation agreed by
the two Parties in accordance with their respective laws.
ARTICLE 5
JOINT WORKING GROUP
1. The Parties will establish a Joint Working Group
(JWG) on Agricultural Co-operation responsible for the formulation,
implementation and supervision of co-operative projects. The JWG will establish
Term of Reference (TOR) at its first meeting and it may review the terms when
necessary;
2. The JWG will, subject to mutual agreement, meet
annually at the request of either Party, alternately in Malaysia and Viet Nam
for the preparation of work plans and review of their implementation. The JWG
may hold additional meetings whenever it considers necessary by both Parties;
3. The JWG shall be co-chaired by Senior Officials
of designated authorities of the Parties:
4. The JWG shall comprise of Officials from other
relevant departments and agencies from both Parties as deemed appropriate;
5. The JWG shall, if necessary, for the planning
and implementation of specific co-operative projects, establish Technical
Working Groups (TWG); and
6. The TWG shall establish Term of Reference (TOR)
at its first meetings and it may review the terms when necessary. The TWG will
report to the JWG on the outcome of the meeting.
ARTICLE 6
FINANCIAL ARRANGEMENTS
1. The financial arrangements for the activities or
programmes undertaken within the framework of this Memorandum of Understanding
will be mutually agreed upon by the Parties on a case-by-case basis subject to
the availability of funds and resources.
2. Notwithstanding the provision of paragraph 1
above, expenses for organizing the meetings shall be borne by the Party hosting
the meetings. The Party, which is sending its representatives for participation
in such meetings, will bear the costs of travelling and accommodation.
ARTICLE 7
PARTICIPATION OF THIRD
PARTY
Either Party may invite the participation of a
third party in the joint activities and/or programmes being carried out under
this Memorandum of Understanding upon obtaining the consent of the other Party.
In carrying out such joint activities and/or programmes, the Parties will
ensure that the third party will comply with the provisions of this Memorandum
of Understanding.
ARTICLE 8
PROTECTION OF INTELLECTUAL
PROPERTY RIGHTS
1. The protection of intellectual property rights
will be enforced in conformity with the respective national laws, rules and
regulations of the Parties and with other international agreements to which
both Parties are signatories;
2. The use of the name, logo and/or official emblem
of any of the Parties on any publication, document and/or paper is prohibited
without the prior written approval of either Party;
3. Notwithstanding the provision of paragraph 1
above, the intellectual property rights in respect of any technological
development, and any products and services development, carried out:
(i) jointly by the Parties or research results
obtained through the joint activity effort of the Parties, will be jointly
owned by the Parties in accordance with the terms to be mutually agreed upon;
and
(ii) solely and separately by the Party or the
research results obtained through the sole and separate effort of the Party,
will be owned by the Party concerned
ARTICLE 9
CONFIDENTIALITY
Each Party will carry out to observe the confidentiality
and secrecy of documents, information and other data received from, or supplied
to, the other Party during the period of the implementation of this Memorandum
of Understanding or any other agreements made pursuant to this Memorandum of Understanding.
Both Parties agree that the provisions of this Article will continue to be
binding between the Parties notwithstanding the termination of this Memorandum
of Understanding.
ARTICLE 10
REVISION, MODIFICATION
AND AMENDMENT
1. Either Party may request in writing a revision,
modification or amendment of all or any part of this Memorandum of
Understanding.
2. Any revision, modification or amendment agreed
to by the Parties shall be concluded into writing, form an integral part of
this Memorandum of Understanding and shall enter into force on such date as
determined by the Parties.
3. Any revision, modification or amendment shall
not prejudice the rights and obligations arising from, or based on, this
Memorandum of Understanding before or up to the date of such revision,
modification or amendment.
ARTICLE 11
SETTLEMENT OF DISPUTES
Any disputes or difference between the Parties
arising out of the interpretation and/or implementation and/or application of
this Memorandum of Understanding will be settled amicably through mutual
consultations and/or negotiations between the Parties through diplomatic
channels, without reference to any third party or international tribunal.
ARTICLE 12
SUSPENSION
Each Party reserves the right for reasons of
national security, national interest, public order or public health to suspend
temporarily, either in whole or in part, the implementation of this Memorandum
of Understanding which suspension will take effect immediately after
notification has been given to the other Party through diplomatic channels. The
Parties may address all issues pertaining to the suspension through an agreed
meeting between the Parties and/or the suspension may be lifted by the Party
concerned through notification to the other Party.
ARTICLE 13
ENTRY INTO FORCE,
DURATION AND TERMINATION
1. This Memorandum of Understanding will enter into
force on the date of its signing;
2. This Memorandum of Understanding shall remain in
force for a period of five (5) years and shall be automatically renewed for
another period of five (5) years unless either Party notifies the other in
writing, through diplomatic channels, of its intention to terminate this
Memorandum of Understanding at least six (6) months prior to the intended date
of termination; and
3. The termination of this Memorandum of
Understanding shall not affect the implementation of ongoing activities or
programmes which have been agreed upon by the Parties prior to the date of
termination of this Memorandum of Understanding.
IN WITNESS WHEREOF, the undersigned, being
duly authorized thereto by their respective Governments, have signed this
Memorandum of Understanding.
DONE at Ha Noi. on this 7th day of April in
the year 2014 in two (2) original copies in English language.
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FOR AND ON
BEHALF OF THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
Cao Duc Phat
MINISTER
OF AGRICULTURE AND RURAL DEVELOPMENT
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FOR AND ON
BEHALF OF THE GOVERNMENT OF MALAYSIA
Dato' Sri Ismail Sabri Yaakob
MINISTER
OF AGRICULTURE AND AGRO-BASED INDUSTRY
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