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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: 48/2011/TB-LPQT
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Hà Nội, ngày 07 tháng 10 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:
Hiệp
định giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Liên
bang Thụy Sỹ về hỗ trợ tài chính cho Dự án cải thiện công tác xử lý nước thải
và quản lý chất thải rắn tại các tỉnh lỵ, ký tại Bern ngày 13 tháng 9 năm 2011,
có hiệu lực kể từ ngày 13 tháng 9 năm 2011.
Bộ
Ngoại giao trân trọng gửi Bản sao lục Hiệp định theo quy định tại Điều
68 của Luật nêu trên./.
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TL. BỘ TRƯỞNG
VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
Nguyễn Thị Hoàng Anh
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AGREEMENT
BETWEEN THE
GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE GOVERNMENT OF THE SWISS
CONFEDERATION ON THE GRANTING OF FINANCIAL ASSISTANCE FOR IMPROVEMENT OF WASTE
WATER DISPOSAL AND SOLID WASTE MANAGEMENT IN PROVINCIAL TOWNS PROJECT
The
Government of the Socialist Republic of Vietnam and the Government of the Swiss
Confederation,
Aware
of the ties of friendship between the two countries,
Desirous
of further strengthening the ties and to promote a fruitful technical, economic
and financial co-operation between the two countries.
Recognising
that the further development of technical, economic and financial cooperation
between the two countries will contribute in the Socialist Republic of Vietnam
to the process of economic and social reform and integration and hence to the
improvement of living conditions of the population.
Considering
the Swiss grant of a financial assistance for the Improvement of Waste Water
Disposal and Solid Waste Management in Provincial Towns,
Aware
that the Government of the Socialist Republic of Vietnam is committed to
pursuing the reforms to create a market economy under democratic conditions.
Referring
to the Agreement between the Government of the Swiss Confederation and the
Government of the Socialist Republic of Vietnam concerning Development
Cooperation, signed on June 7, 2002,
Have
agreed as follows:
1. Definitions
In
this Agreement, the following terms shall have the following meanings:
a.
'The Swiss Government" means the Government of the Swiss Confederation,
represented by the Swiss State Secretariat for Economic Affairs (SECO);
b.
"MPI" means the Ministry of Planning and Investment of the Socialist Republic
of Vietnam, and any successor thereto;
c.
"The Government of Vietnam" means the Government the of Socialist
Republic of Vietnam, represented by the Ministry of Planning and Investment;
d.
"Contracting Parties" means the parties under the present Agreement i.e.
the Government of Vietnam and the Swiss Government;
c.
"KfW" means the German Kredilanstalt fur Wicdcraufbau, which provides
a loan under a separate Agreement signed with the Ministry of Finance,
representing the Socialist Republic of Vietnam;
f.
"Project" means the Improvement of Waste Water Disposal and Solid Waste
Management in Provincial Towns project as defined in Schedule 1, which
constitutes an integral part of this Bilateral Agreement;
g.
"Swiss Contribution" means the non-reimbursable contribution granted
by the Swiss Government under this Bilateral Agreement to the Government of
Vietnam;
h.
"Swiss Subproject" means all parts of the Project, which arc financed
under the Swiss Contribution;
i.
"Bilateral Agreement" means the present Agreement between the Swiss
Government and the Government of Vietnam;
j.
"Project Account" (Projcktkonto) means the fund established at the KfW
for the management of the Swiss Contribution by the KfW;
k.
"Administrative Agreement" (Vereinbarung) means the Agreement between
the Swiss Government and the KfW for the establishment of the Trust Fund and
the management of the Swiss Contribution by the KfW;
l.
"Loan and Financing Agreement" (Darlehcnsvcrtrag) means the Agreement
between the KfW and the Government of Vietnam for the use of the Swiss
Contribution.
m.
"Separate Agreement" (Besondere Vereinbarungen) means the Agreement
between KfW and the Government of Vietnam supplementary to the Loan and
Financing Agreement.
n.
"PPC" means Provincial People's Committee;
o.
"PU" means Public Works Companies or Urban Environmental Companies,
which will be the direct beneficiary of the Project;
p.
"PMUs" mean the Project Management Units, which will coordinate the
project implementation and liaise with KfW and the Swiss Government;
2. Objectives of the Project
2.1.
The Project aims to make the economic development in the selected cities and
their regions more sustainable. The objectives of the Project arc to improve
sanitation by raising sewerage coverage and hence connection rate, by providing
wastewater treatment facilities in order to improve the water quality, by
providing solid waste treatment plants and sanitary landfills and to build
capacity through institutional and non-technical measures (as defined in
Schedules 1 and 2).
2.2.
In line with the objectives of the overall Project (as defined in Schedule 1),
the objectives of the Swiss Contribution are: (a) to assist the PU to implement
the technical assistance part of the Project; (b) to conduct a sludge treatment
and disposal concept; and (c) to support operational follow-up training for the
technical staff during the guarantee period of the newly built plants.
3. Swiss Contribution
3.1.
The Swiss Government decided to grant a non-reimbursable Contribution of up to
€ 5'000'000 (five million Euro) plus up to CHF 650'000 (six hundred fifty
thousand Swiss Franks) to the Government of Vietnam to finance consultancy
services as specified in Schedule 3. The administration fees for KfW amount to
an additional € 250'000 (two hundred fifty thousand Euro) and is paid directly
to KfW according to the Administrative Agreement.
3.2.
The Swiss Contribution under this Bilateral Agreement is considered by the
Contracting Parties an integral co-financing part of the Project, which is
financed by the German Government via the KfW, the Government of Vietnam and
the Swiss Government.
3.3.
The Euro portion of the Swiss Contribution allocated to the Project shall be
administered by the KfW according to the Administrative Agreement. The Swiss
Frank portion of the Swiss Contribution allocated to the Project shall be
administered by SECO.
3.4.
Any unutilised portion of the Swiss Contribution remaining at the end of the
Project or in case of termination shall be cancelled unless otherwise mutually
agreed upon between the Contracting Parties.
4. Conditions of the Swiss
Contribution
4.1.
The Administrative Agreement, the Loan and Financing Agreement as well as (he
Separate Agreement shall govern the implementation of the Project and the
utilisation of the Swiss Contribution. The conditions as set out in these
Agreements for the execution of the Project shall apply, mutatis mutandis, to
the Swiss Contribution granted under the present Bilateral Agreement.
4.2.
The Government of Vietnam commits itself to ensure an appropriate coordination
between the activities under the Swiss Subproject and the remaining parts of
the Project in order to guarantee full coherence. Regular consultations between
all involved actors shall be organised by the PMUs.
4.3.
The Government of Vietnam shall, through the MPl, ensure availability within
the PMUs of suitable technical staff for the implementation of the Project as
agreed with the KfW.
4.4.
The goods, works and services to be financed under the Swiss Contribution shall
be exempted from customs duties, levies, fiscal and any other present or future
taxes or fees imposed under the law of Vietnam.
4.5.
The Government of Vietnam shall exempt international consultants and suppliers
paid from the Swiss Contribution from income, profit, property and any other
taxes and/or levies on the remuneration and acquisitions resulting under this
Bilateral Agreement. The personnel of such international consultants and suppliers
shall also be exempted from income, profit, property and any other taxes and/or
levies applicable lo remuneration, personal belongings and equipment necessary
for carrying out the activities.
4.6.
Upon request by the Swiss Government, Swiss officials as well as the personnel
participating in the Project shall be provided free of charge with official
temporary entry and exit visa by the Government of Vietnam.
4.7.
The Government of Vietnam commits itself to ensure safe working conditions for
the personnel in Vietnam, and to provide diligent assistance (medical, police
protection, repatriation) in case unforeseen threatening events occur.
5. Procurement
5.1.
The services financed under the Swiss Contribution shall be procured according
to the KfW's standard procedures.
6. Administration of the Swiss
Contribution
6.1.
The Swiss Government entrusts KfW with the implementation of the Swiss
Subproject and will, for this reason, enter into an Administrative
Agreement
with the KfW. The KfW assumes, on behalf of the Swiss Government, all
administrative and supervisory tasks with regard to the Swiss Contribution,
including disbursements, monitoring, reporting and evaluation.
6.2.
The KfW will conclude a separate Loan and Financing Agreement and Separate
Agreement with the Government of Vietnam, consistent with the provisions of the
Administrative Agreement between the KfW and the Swiss Government. The Loan and
Financing Agreement and Separate Agreement further details the amount and the
terms and conditions of the Swiss Contribution, including the disbursement
procedures as well as the monitoring, reporting and evaluation requirements.
7. Supervision and Consultation
7.1.
The Government of Vietnam declares its commitment to the objectives of the
Project as set forth in Schedules 1 and 2 of this Agreement, and, to this end,
without any limitation or restriction upon any of its other obligations under
this Agreement, shall implement the Project through its MPI.
7.2.
The Government of Vietnam and the Swiss Government (or their authorised
representatives) shall exchange views at regular intervals on the progress
achieved on the Project.
7.3.
The Government of Vietnam agrees that the Swiss Government and KfW (or their
authorised representatives) may undertake at any time evaluations of the
Project and will cooperate with their supervision missions.
7.4.
The Contracting Parties shall promptly inform each other and, to the extent
reasonably practicable, consult each other regarding any event, which
interferes, or threatens to interfere with the successful implementation of
this Bilateral Agreement.
8. Anti-Corruption Clause
The
Contracting Parties share a common concern in the fight against corruption,
which jeopardizes good governance and the proper use of resources needed for
development, and, in addition, endangers fair and open competition based on
price and quality. They declare, therefore, their intention of combining their
efforts to fight corruption and, in particular, declare that any offer, gift,
payment, remuneration or benefit of any kind whatsoever, made to whomsoever,
directly or indirectly, with a view to being awarded a mandate or contract
within the framework of this Agreement, or during its execution, will be
construed as an illegal act or corrupt practice. Any act of this kind constitutes
sufficient grounds to justify annulment of the present Agreement, the
procurement or resulting award, or for taking any other corrective measures
foreseen by applicable law.
9. Conditionally
The
respect of democratic principles and fundamental human rights, as specified in
particular in the Universal Human Rights Declaration, inspires the domestic and
international policies of the Contracting Parties, and represents an essential
element, as important as the objectives of the present Agreement.
10. Authorities in Charge of the
Application of the Bilateral Agreement
The
following authorities shall be responsible for the application of the Bilateral
Agreement:
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On
the side of the Government of Vietnam:
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Ministry
of Planning and Investment
6B
Hoang Dieu Street, Ba Dinh District, Hanoi, Socialist Republic of Vietnam
Telephone:
+84 4 38 45 43 63
Fax:
+84 4 37 33 05 36
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On
the side of the Swiss Government:
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State
Secretariat for Economic Affairs
SECO
Infrastructure
Project Financing Division Holzikofenweg 36 3003 Bern Switzerland
Telephone:
+41 31 324 08 30
Fax:
+4131324 08 65
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11. Amendments to the Agreement
Amendments
to the present Bilateral Agreement shall be effected in writing and with the
consent of the Contracting Parties. Amendments to the schedules attached to the
present Bilateral Agreement shall be effected in writing and with the consent of
the operational level.
The
attached Schedules 1 - 3 form an integral part of the present Bilateral Agreement
12. Entry into Force, Closing Date,
Suspension, Termination
12.1.
The present Agreement shall enter into force after its signing by the
Contracting Parties and after the signing of the Loan and Financing Agreement,
Separate Agreement and the Administrative Agreement, and shall remain in force
until all obligations under it have been fulfilled. It is expected that the
activities will be completed by June 30th, 2016. After that date, the Swiss
Government may at any time cancel the remaining balance of the Contribution and
terminate this Agreement with immediate effect.
12.1.
However, if either Contracting Party considers that, before the termination of
the Bilateral Agreement, its aims can no longer be achieved or that the other
Contracting Party is not meeting its obligations, it shall have the right to
suspend with immediate effect or terminate this Agreement by giving six months
prior written notice. Notwithstanding the preceding, either Contracting Party
can, upon written notice, terminate the Bilateral Agreement with immediate effect
in case of substantial breach of one of the essential objectives of the
Bilateral Agreement. Substantial breach means serious breach of one of the
essential objectives of the present Agreement.
12.2.
If the cause of the suspension remains for more than 90 days, the Swiss
Government may terminate the present Agreement without further delay.
12.3.
The Swiss Government reserves the right to suspend or terminate the Swiss
Contribution and/or this Bilateral Agreement, following the procedure stated in
provisions 12.2 and 12.3 above, in case of suspension or termination of any of
the following Agreements: Loan and Financing Agreement, Separate Agreement or
Administrative Agreement.
12.4.
In case of suspension or termination of this Bilateral Agreement, the provisions
of this Agreement continue to apply to ongoing consulting and/or supply
contracts financed under the Swiss Contribution on condition that the
Contracting Parties shall in such a case take all necessary steps to bring
ongoing consulting and/or supply contracts to close in a prompt and orderly
manner and shall make every effort to keep expenditures for this purpose to a
minimum.
Done
at Bern on the 13 September 2011.
in
two originals in the English language.
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For
the Government of the
Socialist Republic of Vietnam
Ministry
of Planning and Investment
by:
name:
title:
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For
the Government of
the Swiss Confederation
State
Secretariat for Economic Affairs
by:
name:
title:
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SCHEDULE 1
Description of overall project
The
overall objective of the Project is to improve the quality, reliability and
sustainability of wastewater disposal and solid waste management services in
the participating provincial towns in the North of Vietnam. The programme
contributes to an economically, ecologically and socially sustainable
development of infrastructure facilities for wastewater disposal and solid
waste management in the project urea. It is directed to the urban population in
the project cities and the downstream users.
The
measures in the cities, which are focused on wastewater disposal, shall be
directed to the implementation of sewer and drainage networks in the central
cities areas and to the realization of a wastewater treatment plant with at
least mechanical treatment. This target shall be achieved with the following
project measures:
1)
Extension and rehabilitation of sewerage networks (primary, secondary and
tertiary sewers)
2)
Construction of wastewater pumping stations and rising mains
3)
Construction of retention basins and overflows
4)
Construction of mechanical wastewater treatment plant
In
cities, which arc focused on solid waste management, it is envisaged to ensure
in the long term the environmentally friendly solid waste disposal with waste
treatment plants and landfills. The concerning measures comprise the following
components:
1)
Construction of mechanical-biological pre-treatment plants
2)
Construction of landfills, including the concerning infrastructure, base line
sealing, leakage collection and treatment
3)
Procurement of technical equipment and vehicles (compactor, lorries, wheel
loader and others)
4)
Procurement of solid waste collection and transport vehicles
SCHEDULE 3:
Indicative allocation of the proceeds
of the Swiss Contribution for the technical assistance:
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Total costs* [mio €]
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Swiss financing [mio €]
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German financing [mio €]
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Vietnamese financing [mio€]
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Works and supplies
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45.09
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0
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31.56
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13.53
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Lang
Son (Wastewater)
Son
La (Wastewater)
Hoa
Binh (Wastewater)
Bac
Ninh (Solid waste)
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11.25
11.10
11.70
11.04
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7.87
7.77
8.19
7.73
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3.38
3.33
3.51
3.31
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Consulting Services
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5.00
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5.00
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-
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-
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Lang
Son (Wastewater)
Son
La (Wastewater)
Hoa
Binh (Wastewater)
Bac
Ninh (Solid waste)
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1.41
1.40
1.46
0.73
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1.41
1.40
1.46
0.73
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Sub-total
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50.09
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5.00
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31 56
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13.53
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Contingencies**
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22.01
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-
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15.41
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6.60
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Financeable
Programme Costs
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72.10
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5.00
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46.97
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20.1
3
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Taxes,
Duties, land acquisition, 8.43 compensation, other costs (PMUs, fees)
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-
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-
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8.43
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Total Programme Costs
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80.53
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5.00
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46.97
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28.56
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Admin
Fees KfW (5 %)
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0.25
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0.25
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-
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-
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Total Costs
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80.78
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5.25
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46.97
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28.56
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*
based on estimates from Feasibility Study (Dec. 2009) and update by KfW in Dec.
2010
**
Contingencies for price escalation, exchange rate risk and technical unforeseen
issues
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Additional
components
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Swiss
financing [mio CHF]
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Concept
development for sludge treatment
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0.45
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Follow-up
operational trainings on WWTP's
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0.20
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Total Costs for additional components
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0.65
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