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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:
81/2011/TB-LPQT
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Hà
Nội, ngày 30 tháng 12 năm 2011
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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 việc Chính
phủ Nhật Bản cung cấp khoản ODA vốn vay giá trị mười tỷ Yên (10.000.000.000
Yên) dành cho Chính phủ Việt Nam thực hiện Chương trình hỗ trợ ứng phó với biến
đổi khí hậu, ký tại Hà Nội ngày 31 tháng 10 năm 2011, có hiệu lực kể từ
ngày 31 tháng 10 năm 2011.
Bộ Ngoại giao trân trọng gửi Bản
sao Công hàm trao đổi nêu trên./.
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TL.
BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Lê Thị Tuyết Mai
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Tokyo, October 31, 2011
Excellency,
I have the
honour to confirm the following understanding recently reached between the
representatives of the Government of Japan and of the Government of the
Socialist Republic of Viet Nam concerning a Japanese loan to be extended with a
view to promoting the economic stabilization and development efforts of the
Socialist Republic of Viet Nam with particular focus on promoting the efforts
by the Government of the Socialist Republic of Viet Nam for achieving both
reduction of emissions of greenhouse gases and economic growth as well as for
contributing to climate stability:
1. A loan in
Japanese yen up to the amount of ten billion yen (¥10,000,000,000) (hereinafter
referred to as “the Loan") will be extended, in accordance with the
relevant laws and regulations of Japan, to the Government of the Socialist
Republic of Viet Warn by the Japan International Cooperation Agency
(hereinafter referred to as "JICA") for the purpose of supporting the
Government of the Socialist. Republic of Viet Nam in implementing its policy
document under the Support Program to Respond to Climate Change (II) by the
Government of Japan (hereinafter referred to as '"the Policy
Document").
2. (1) The Loan
will be made available by a loan agreement to be concluded between the
Government of the Socialist Republic of Viet Nam and JICA. The terms and
conditions of the Loan as well as the procedures for its utilization will be
governed by the said loan agreement, within the scope of the present
understanding, which will contain, inter alia, the following principles:
(a) The
repayment period will be thirty (30) years after the grace period of ten (10)
years;
(b) The rate of
interest will be nought point three per cent (0.3%) per annum; and
(c) The
disbursement period will be two (2) years after the date of coming into force
of the said loan agreement.
(2) The disbursement
period mentioned in sub-paragraph (1)(c) above may be extended with the consent
of the authorities concerned of the two Governments.
3. (1) The Loan
will be made available to cover payments already made and/or to be made by
importers in the Socialist Republic of Viet Nam to suppliers of eligible source
countries under such contracts as have been and/or may be entered into between
them for purchases of products, except such products as will be enumerated in a
list to be mutually agreed upon between the authorities concerned of the two
Governments, and/or for purchases of services incidental to the purchase of
those products, provided that such purchases are made in such eligible source
countries for products produced in and/or services supplied from those
countries.
(2) The list
mentioned in sub-paragraph (1) above maybe modified by agreement between the
authorities concerned of the two Governments.
(3) The scope
of eligible source countries mentioned in sub-paragraph (1) above shall be
agreed upon between the authorities concerned of the two Governments.
4. The
Government of the Socialist Republic of Viet Nam shall take measures to have
the equivalent in Vietnamese currency of the amount of yen disbursements of the
Loan transferred to the state budget account opened in the name of the
Government of the Socialist Republic of Viet Nam. The amount thus transferred
shall be included in the state budget of the Government of the Socialist
Republic of Viet Nam, and shall be used to support the implementation of the
Policy Document by the Goverment of the Socialist Republic of Viet Nam.
5. The
Government of the Socialist Republic of Viet Nam shall ensure that the products
and/or services mentioned in sub-paragraph (1) of paragraph 3. are procured in
accordance with the guidelines for procurement of JICA, which set forth, inter
alia, the procedures of international competitive bidding to be followed except
where such procedures are inapplicable or inappropriate.
6. With regard
to the shipping and marine insurance of the products purchased under the Loan,
the Government of the Socialist Republic of Viet Nam shall refrain from
imposing any restrictions that may hinder fair and free competition among the
shipping and marine insurance companies.
7. The
Government of the Socialist Republic of Viet Nam shall exempt JICA from all
fiscal levies and taxes imposed in the Socialist Republic of Viet Nam on and/or
in connection with the Loan as well as interest accruing therefrom.
8. The
Government of the Socialist Republic of Viet Nam shall take necessary measures
to ensure that the Loan be used properly and exclusively for purchases of
products and/or services mentioned in sub-paragraph (1) of paragraph 3.
9. While
ensuring fair treatment of sources of information and data, the Government of
the Socialist Republic of Viet Nam shall, upon request, furnish the Government
of Japan and JICA with:
(a) information
and data concerning the use of the Loan and the progress of the implementation
of the Policy Document; and
(b) any other
information, including information on corrupt practice, related to the Loan and
the Policy Document.
10. The two
Governments shall consult with each other with respect to 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 renew to Your Excellency the assurance of my highest
consideration.
His Excellency
Mr. Bui
Quang Vinh
Minister of
Planning and Investment of the Socialist Republic of Viet Nam
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Yasuaki
TanizaJci
Ambassador Extraordinary and Plenipotentiary of Japan to
the Socialist Republic of Viet Nam
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MINISTRY OF PLANNING AND INVESTMENT
OF SOCIALIST REPUBLIC OF VIET NAM
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Tokyo, October 31, 2011
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 confirm the following understanding recently reached between the
representatives of the Government of Japan and of the Government of the
Socialist Republic of Viet Nam concerning a Japanese loan to be extended with a
view to promoting the economic stabilization and development efforts of the
Socialist Republic of Viet Nam with particular focus on promoting the efforts
by the Government of the Socialist Republic of Viet Nam for achieving both
reduction of emissions of greenhouse gases and economic growth as well as for
contributing to climate stability;
1. A loan in Japanese
yen up to the amount of ten billion yon (¥10,000,000,000) (hereinafter referred
to as "the Loan") will be extended, in accordance with the relevant
laws and regulations of Japan, to the Government of the Socialist Republic of
Viet Nam by the Japan International Cooperation Agency (hereinafter referred to
as "JICA") for the purpose of supporting the Government of the
Socialist Republic of Viet Nam in implementing its policy document under the
Support Program to Respond to Climate Change (II) by the Government of Japan
(hereinafter referred to as “the Policy Document").
2. (1) The Loan
will be made available by a loan agreement to be concluded between the
Government of the Socialist Republic of Viet Nam and JICA. The terms and
conditions of the Loan as well as the procedures for its utilization will be
governed by the said loan agreement, within the scope of the present
understanding, which will contain, inter alia, the following principles:
(a) The
repayment period will be thirty (30) years after the grace period of ten (10)
years;
(b) The rate of
interest will be nought point three per cent (0.3%) per annum; and
(c) The
disbursement period will be two {2) years after the date of coming into force
of the said loan agreement.
(2) The
disbursement period mentioned in sub-paragraph (1) (c) above may be extended
with the consent of the authorities concerned of the two Governments.
3. (1) The Loan
will be made available to cover payments already made and/or to be made by
importers in the Socialist Republic of Viet Nam to suppliers of eligible source
countries under such contracts as have been and/or may be entered into between
them for purchases of products, except such products as will be enumerated in a
list to be mutually agreed upon between the authorities concerned of the two
Governments, and/or for purchases of services incidental to the purchase of
those products, provided that such purchases are made in such eligible source
countries for products produced in and/or services supplied from those countries.
(2) The list
mentioned in sub-paragraph (1) above may be modified by agreement between the
authorities concerned of the two Governments.
(3) The scope
of eligible source countries mentioned in sub-paragraph (1) above shall be
agreed upon between the authorities concerned of the two Governments.
4. The
Government of the Socialist Republic of Viet Nam shall take measures to have
the equivalent in Vietnamese currency of the amount of yen disbursements of the
Loan transferred to the state budget account opened in the name of the
Government of the Socialist Republic of Viet Nam, The amount thus transferred
shall be included in the state budget of the Government of the Socialist
Republic of Viet Nam, and shall be used to support the implementation of the
Policy Document by the Government of the Socialist Republic of Viet Nam.
5. The
Government of the Socialist Republic of Viet Nam shall ensure that the products
and/or services mentioned in sub-paragraph (1) of paragraph 3. are procured in
accordance with the guidelines for procurement of JICA, which set forth, inter
alia, the procedures of international competitive bidding to be followed except
where such procedures are inapplicable or inappropriate.
6. With regard
to the shipping and marine insurance of the products purchased under the Loan,
the Government of the Socialist Republic of Viet Nam shall refrain from
imposing any restrictions that may hinder fair and free competition among the
shipping and marine insurance companies.
7. The
Government of the Socialist Republic of Viet Nam shall exempt JICA from all
fiscal levies and taxes imposed in the Socialist Republic of Viet Nam on and/or
in connection with the Loan as well as interest accruing therefrom.
8. The
Government of the Socialist Republic of Viet Nam shall take necessary measures
to ensure that the Loan be used properly and exclusively for purchases of
products and/or services mentioned in sub-paragraph (1) of paragraph
9. While
ensuring fair treatment of sources of information and data, the Government of
the Socialist Republic of Viet Nam shall, upon request, furnish the Government
of Japan and JICA with:
(a) information
and data concerning the use of the Loan and the progress of the implementation
of the Policy Document; and
(b) any other
information, including information on corrupt practice, related to the Loan and
the Policy Document.
10. The two
Governments shall consult with each other with respect to 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 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 renew to Your Excellency the assurance of my highest
consideration.
His Excellency
Mr. Yasuaki
Tanizaki
Ambassador
Extraordinary and Plenipotentiary of Japan
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Bui
Quang Vinh
Minister of Planning and Investment of the Socialist
Republic of Viet Nam
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