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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: 53/2014/TB-LPQT
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Hà Nội, ngày 11
tháng 08 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:
Công hàm trao đổi giữa Chính phủ nước Cộng
hòa xã hội chủ nghĩa Việt Nam và Chính phủ Nhật Bản về khoản viện trợ không
hoàn lại trị giá 353 triệu Yên cho chương trình học bổng phát triển nguồn nhân
lực, ký tại Hà Nội ngày 01 tháng 8 năm 2014, có hiệu lực kể từ ngày 01 tháng 8
năm 2014.
Bộ Ngoại giao trân trọng gửi Bản sao Công hàm
theo quy định tại Điều 68 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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Hanoi, August 1, 2014
Excellency
I have the honour to refer to the recent
discussions held between the representatives of the Government of Japan and of
the Government of the Socialist Republic of Viet Nam concerning Japanese
economic cooperation to be extended with a view to strengthening friendly and
cooperative relations between the two countries and also to providing academic
opportunities for Vietnamese students to study in Japanese higher educational
institutions, and to propose on behalf of the Government of Japan the following
understanding:
1. (1) For the purpose of contributing to the
implementation of the Project for Human Resource Development Scholarship
(hereinafter referred to as “the Project”) by the Government of the Socialist
Republic of Viet Nam, the Government of Japan has decided that a grant up to
three hundred and fifty-three million Japanese Yen (¥353,000,000) (hereinafter
referred to as “the Grant”) will be extended to the Government of the Socialist
Republic of Viet Nam, in accordance with the relevant laws and regulations of
Japan
(2) The Grant will be made available by
concluding a grant agreement between the Government of the Socialist Republic
of Viet Nam or its designated authority and the Japan International Cooperation
Agency (JICA) (hereinafter referred to as “the G/A”).
(3) The terms and conditions of the Grant as
well as the procedures for its utilization will be governed by the G/A within
the scope of the present understanding.
2. The Grant will be available during such
period as may be specified in the G/A, provided that the period will be between
the date of entry into force of the G/A and December 31, 2019. The period may
be extended by mutual consent between the authorities concerned of the two
Governments.
His Excellency
Mr. PHAM VU LUAN
Minister of Education and Training
of the Socialist Republic of Viet Nam
3. The Grant shall be used by the Government
of the Socialist Republic of Viet Nam property and exclusively for the purchase
of such services necessary for the implementation of the Project as may be
specified in the G/A (hereinafter referred to as “the Services”).
4. The Government of the Socialist Republic
of Viet Nam or its designated authority shall enter into contracts in Japanese
Yen with Japanese nationals for the purchase of the Services. Such contracts
will be verified by JICA to be eligible for the Grant (The term “Japanese
nationals” in the present understanding means Japanese physical persons or
Japanese juridical persons controlled by Japanese physical persons).
5. The Grant will be executed by JICA, in
accordance with provisions of the G/A, by making payments in Japanese Yen to an
account to be opened in the name of the Government of the Socialist Republic of
Viet Nam at a bank in Japan designated by the Government of the Socialist
Republic of Viet Nam or its designated authority.
6. (1) The Government of the Socialist Republic
of Viet Nam shall take necessary measures:
(a) to ensure that customs duties, internal
taxes and other fiscal levies which may be imposed in the Socialist Republic of
Viet Nam with respect to the purchase of the Services be exempted or be borne
by its designated authority and shall not be covered by the Grant;
(b) to accord Japanese physical persons and/or
physical persons of third countries, whose services may be required in
connection with the supply of the Services such facilities as may be necessary
for their entry into the Socialist Republic of Viet Nam and stay therein for
the performance of their work;
(c) to ensure that the Services be used
properly and effectively for the implementation of the Project; and
(d) to bear all the expenses, other than
those covered by the Grant, necessary for the implementation of the Project.
(2) While ensuring fair treatment of sources
of information, the Government of the Socialist Republic of Viet Nam shall
provide the Government of Japan with necessary information, including
information on corrupt practice, related to the Project.
7. The two Governments shall consult with
each other in respect of any matter that may arise from or in connection with
the present understanding.
I have further the honour to propose that
this Note and Your Excellency’s Note in reply confirming on behalf of the
Government of the Socialist Republic of Viet Nam the foregoing understanding
shall constitute an agreement between the two Governments, which shall enter
into force on the date of Your Excellency’s Note in reply.
I avail myself of this opportunity to extend
to Your Excellency the assurance of my highest consideration.
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KISHIDA FIMIO
Minister of Foreign Affairs of Japan
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MINISTRY OF
EDUCATION AND TRAINING
THE SOCIALIST
REPUBLIC OF VIET NAM
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Hanoi, August 1, 2014
Excellency,
I have the honour to acknowledge the receipt
of Your Excellency’s Note of today's date, which reads as follows:
“I have the honour to refer to the recent
discussions held between the representatives of the Government of Japan and of
the Government of the Socialist Republic of Viet Nam concerning Japanese
economic cooperation to be extended with a view to strengthening friendly and
cooperative relations between the two countries and also to providing academic
opportunities for Vietnamese students to study in Japanese higher educational
institutions, and to propose on behalf of the Government of Japan the following
understanding:
1. (1) For the purpose of contributing to the
implementation of the Project for Human Resource Development Scholarship
(hereinafter referred to as “the Project”) by the Government of the Socialist
Republic of Viet Nam, the Government of Japan has decided that a grant up to
three hundred and fifty-three million Japanese Yen (¥353,000,000) (hereinafter
referred to as “the Grant”) will be extended to the Government of the Socialist
Republic of Viet Nam, in accordance with the relevant laws and regulations of
Japan.
(2) The Grant will be made available by
concluding a grant agreement between the Government of the Socialist Republic
of Viet Nam or its designated authority and the Japan International Cooperation
Agency (JICA) (hereinafter referred to as “the G/A”).
(3) The terms and conditions of the Grant as
well as the procedures for its utilization will be governed by the G/A within
the scope of the present understanding.
His Excellency
KISHIDA FUMIO
Minister of Foreign Affairs of Japan
2. The Grant will be available during such
period as may be specified in the G/A, provided that the period will be between
the date of entry into force of the G/A and December 31, 2019. The period may
be extended by mutual consent between the authorities concerned of the two
Governments.
3. The Grant shall be used by the Government
of the Socialist Republic of Viet Nam properly and exclusively for the purchase
of such services necessary for the implementation of the Project as may be
specified in the G/A (hereinafter referred to as “the Services”).
4. The Government of the Socialist Republic
of Viet Nam or its designated authority shall enter into contracts in Japanese
Yen with Japanese nationals for the purchase of the Services. Such contracts
will be verified by JICA to be eligible for the Grant (The term “Japanese
nationals” in the present understanding means Japanese physical persons or
Japanese juridical persons controlled by Japanese physical persons).
5. The Grant will be executed by JICA, in
accordance with provisions of the G/A, by making payments in Japanese Yen to an
account to be opened in the name of the Government of the Socialist Republic of
Viet Nam at a bank in Japan designated by the Government of the Socialist Republic
of Viet Nam or its designated authority.
6. (1) The Government of the Socialist
Republic of Viet Nam shall take necessary measures:
(a) to ensure that customs duties, internal
taxes and other fiscal levies which may be imposed in the Socialist Republic of
Viet Nam with respect to the purchase of the Services be exempted or be borne
by its designated authority and shall not be covered by the Grant;
(b) to accord Japanese physical persons and/or
physical persons of third countries, whose services may be required in
connection with the supply of the Services such facilities as may be necessary
for their entry into the Socialist Republic of Vet Nam and stay therein for the
performance of their work;
(c) to ensure that the Services be used
properly and effectively for the implementation of the Project; and
(d) to bear all the expenses, other than
those covered by the Grant, necessary for the implementation of the Project.
(2) While ensuring fair treatment of sources
of information, the Government of the Socialist Republic of Viet Nam shall
provide the Government of Japan with necessary information, including
information on corrupt practice, related to the Project.
7. The two Governments shall consult with
each other in respect of any matter that may arise from or in connection with
the present understanding.
I have further the honour to propose that
this Note and Your Excellency’s Note in reply confirming on behalf of the
Government of the Socialist Republic of Viet Nam the foregoing understanding
shall constitute an agreement between the two Governments, which shall enter
into force on the date of Your Excellency’s Note in reply.
I avail myself of this opportunity to extend
to Your Excellency the assurance of my highest consideration.”
I have further the honour to confirm on
behalf of the Government of the Socialist Republic of Viet Nam the foregoing
understanding and to agree that Your Excellency’s Note and this Note in reply
shall constitute an agreement between the two Governments, which shall enter
into force on the date of this Note in reply.
I avail myself of this opportunity to extend
to Your Excellency the assurance of my highest consideration.
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PHAM VU LUAN
Minister of Education and Training of the Socialist Republic of Viet Nam
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Record of Discussions
With reference to the Exchange of Notes
between the Government of the Socialist Republic of Viet Nam and the Government
of Japan dated August 1, 2014 concerning Japanese economic cooperation to be
extended with a view to strengthening friendly and cooperative relations
between the two countries and also to providing academic opportunities for
Vietnamese students to study in Japanese higher educational institutions
(hereinafter referred to as “the Exchange of Notes”), the representatives of
the Vietnamese Delegation and of the Japanese Delegation wish to record the
following:
1. With regard to paragraph 3 of the Exchange
of Notes, the representative of the Japanese Delegation stated that the
Government of Japan understands that the Government of the Socialist Republic
of Viet Nam will take necessary measures to prevent any offer, gift or payment,
consideration or benefit which would be construed as a corrupt practice in the
Socialist Republic of Viet Nam from being made as an inducement to or reward
for the award of the contracts referred to in paragraph 4 of the Exchange of
Notes.
2. The representative of the Vietnamese
Delegation stated that the Vietnamese Delegation has no objection to the
statement by the representative of the Japanese Delegation referred to above.
Hanoi, August 1, 2014
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PHAM VU LUAN
Minister of Education and Training of the Socialist Republic of Viet Nam
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KISHIDA FIMIO
Minister of Foreign Affairs of Japan
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Record of Discussions
With reference to the Exchange of Notes
between the Government of Japan and the Government of the Socialist Republic of
Viet Nam dated August 1, 2014 concerning Japanese economic cooperation to be
extended with a view to strengthening friendly and cooperative relations
between the two countries and also to providing academic opportunities for
Vietnamese students to study in Japanese higher educational institutions
(hereinafter referred to as “the Exchange of Notes”), the representatives of
the Japanese Delegation and of the Vietnamese Delegation wish to record the
following:
1. With regard to paragraph 3 of the Exchange
of Notes, the representative of the Japanese Delegation stated that the
Government of Japan understands that the Government of the Socialist Republic
of Viet Nam will take necessary measures to prevent any offer, gift or payment,
consideration or benefit which would be construed as a corrupt practice in the
Socialist Republic of Viet Nam from being made as an inducement to or reward
for the award of the contracts referred to in paragraph 4 of the Exchange of
Notes.
2. The representative of the Vietnamese
Delegation stated that the Vietnamese Delegation has no objection to the
statement by the representative of the Japanese Delegation referred to above.
Hanoi, August 1, 2014
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KISHIDA FIMIO
Minister of Foreign Affairs of
Japan
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PHAM VU LUAN
Minister of Education and Training of the Socialist Republic of Viet Nam
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