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BỘ
NGOẠI GIAO
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Số:
14/2011/TB-LPQT
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Hà
Nội, ngày 14 tháng 3 năm 2011
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THÔNG BÁO HIỆU LỰC ĐIỀU
ƯỚC QUỐC TẾ
Thực
hiện quy định tại khoản 3 Điều 47 Luật Ký kết, gia nhập và thực
hiện Điều ước quốc tế năm 2005, Bộ Ngoại giao trân trọng thông báo:
“Hiệp định khung giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam
và Chính phủ Đan Mạch về Chương trình hợp tác nghiên cứu giai đoạn 2011 - 2013, ký tại Hà Nội ngày 09 tháng 3 năm 2011, có hiệu lực kể từ ngày 09
tháng 3 năm 2011.
Bộ
Ngoại giao kính chuyển Bản sao lục Hiệp định 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
Lê Thị Tuyết Mai
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FRAMEWORK AGREEMENT
BETWEEN THE GOVERNMENT OF DENMARK AND THE GOVERNMENT OF THE
SOCIALIST REPUBLIC OF VIETNAM ON THE RESEARCH COOPERATION PROGRAMME 2011 - 2013
Article
1: The parties
The parties to
this Agreement are the Government of Denmark and the Government of the Socialist
Republic of Vietnam.
Article
2: Delegation of competence
In matters
regarding the implementation of this Agreement, the Government of Denmark is
represented in Vietnam by the Embassy of Denmark. The Government of the
Socialist Republic of Vietnam is represented by the Ministry of Science and
Technology (hereinafter referred as MOST).
Article
3: Scope and objectives of the Agreement
The main
objective of the bilateral research programme, hereinafter referred to as the
Programme (consisting of projects), is to promote research and develop
institutional capacity among Vietnamese research institutions and universities
within the national research priorities of Vietnam.
The Vietnamese
and Danish authorities have agreed that the Programme will focus on Climate change,
including applied technology.
Article
4: Reference to other agreements
Cooperation
between the parties under this Agreement is also governed by the following
Agreements:
i. Agreement on
General Terms and Procedures of Development Co-operation between The Government
of the Kingdom of Denmark and the Government of the Socialist Republic of
Vietnam, August 1993.
ii. Any
Agreement that may replace or amend the said Agreement.
Article
5: The Danish contribution and distribution of funds
Denmark will
make available to Vietnam a grant 15 million DDK in 2011 and , subject to
parliamentary appropriation of fund, DKK 15 million in 2012 and DKK 15 million
in 2013, respectively . Commitments will be made in DKK regardless of changes
in the exchange rate.
The Danish funds
are expected to cover the costs of the initiation and the implementation of up
to two or three projects per year in 2011, 2012 and 2013 (including some of the
existing on-going projects), visits by Vietnamese institutions to Denmark as
part of the preparation of research projects, and Annual Review Meeting.
Article
6: Undertakings by the parties
Undertakings by
Denmark:
i. To provide
financial support to the activities covered by this Agreement, ii. To organise
the international peer review process (Ministry of Foreign
Affairs) iii. To
facilitate and finance the meetings between Vietnamese and Danish
research
institutions and contract relevant Danish institutions selected by
the
participating Vietnamese institutions in accordance with approved
project
proposals (Ministry of Foreign Affairs). iv. To contract participating
Vietnamese research institutions and universities
in accordance
with this Agreement (Embassy of Denmark in Hanoi), v. To co-chair the Annual
Review Meeting on the Programme (rcf. article 10)
(Embassy of
Denmark in Hanoi).
Undertakings by
MOST:
i. To be
responsible, in close coordination with the Ministry of Planning and
Investment, for the coordination of this Programme in accordance with
Vietnamese regulations on ODA management. ii. To coordinate with relevant
Vietnamese agencies to develop selection criteria and select involved
Vietnamese research institutions and universities through a competitive
selection process and present concept papers prepared by the institutions to
the Ministry of Foreign Affairs of Denmark via the Embassy of Denmark. iii. To
coordinate and co-chair the Annual Review Meeting on the Programme (rcf.
article 12).
Undertakings by
the participating Vietnamese research institutions and universities:
i. To prepare concept
papers and final project proposals which meet the following requirements: 1)
clearly defined objectives and presentation of research hypotheses, 2)
proposals are analytical and contribute to development of new research
methodologies, 3) proposals are innovative, 4) proposals contain considerations
about capacity development, including dissemination of research results, and 5)
proposals arc relevant for the bilateral development cooperation between
Vietnam and Denmark.
ii. To select
relevant Danish partner institutions.
iii. To
undertake the projects in accordance with Vietnamese regulations on ODA
management and the project proposal approved.
iv. Manage the
projects in accordance with the contract made for each project with the Embassy
of Denmark, including request funds from the Embassy of Denmark and report to
the Annual Review Meeting and the Embassy of Denmark as described below.
v. Each
participating Vietnamese research institution and university will receive a fee
of 3% of the costs of the project administrated by the institution.
Article
7: Disbursements
The Embassy of
Denmark in Hanoi will make disbursements to Vietnamese research institutions
and universities supported through this Agreement. The first instalment shall
be made available upon the signing of the appropriation note by the Ministry of
Foreign Affairs of Denmark and the signing of the contracts with each of the
participating institutions.
a) The
participating Vietnamese research institutions and universities will request
funds from the Embassy of Denmark. Requests shall contain die following
information:
- the word
"disbursement request" shall be included in the heading
- the project
reference number;
- the name/s of
the project
- the
organisation or equivalent making the application, and its address;
- the person who
is the authorized signatory of the organization and her/his
- responsible
function in the organization;
- the requested
amount in DKK;
- the
recipient's bank, bank address, account number, account holder,
- clearing
number/sort code, SWIFT-codc and currency of the account;
- the contact
person in the Embassy of Denmark in Hanoi.
b) Payments made
by the Ministry of Foreign Affairs of Denmark through Danida Fellowship Centre
(DEC).
Funds covering
costs of collaborating Danish institutions within the Agreement shall be
disbursed by the Ministry of Foreign Affairs to the institutions concerned.
Disbursements of contributions to collaborating Danish institutions shall be
made upon written request with signature in original from the Danish project
coordinator.
Article
8: Per diem, reimbursable costs and stipends
Per diem and
reimbursable costs within the Programme will follow the rules and regulations
that apply to the employment of participating staff. This means that staff
employed in Denmark shall receive per diem and other reimbursable costs
according to Danish rules and regulations as defined by the Ministry of Foreign
Affairs of Denmark. Staff employed in Vietnam shall receive per diem and other
reimbursable costs according to Vietnamese rules and regulations, including
Vietnamese cost-norms.
Stipends to
students registered in a Danish co-operating institution will follow Danish
regulations as defined by the Ministry of Foreign Affairs of Denmark, when the
student is based in Denmark. When the student is based in Vietnam, regulations
stipulated by Vietnam will apply.
For study tours
to Denmark by students and staff of participating Vietnamese research
institutions and universities, Danish costs norms shall apply.
Article
9: Procurement of goods and services
No offer, gift
or payment, consideration or benefit of any kind, which would or could be
construed as an illegal or corrupt practice, shall be accepted either directly
or indirectly, as an instrument or reward for the award or execution of
contracts financed by projects within this Agreement.
Procurement of
goods and services under this Agreement will be made by the institutions and
universities supported according to Vietnamese procurement regulations.
The Embassy of
Denmark can perform procurement audits. The institutions and universities
supported through the Agreement shall provide the Embassy with all necessary
documentation to undertake such an audit.
At the request
of cither of the parties, consultations shall be held on any matter
pertaining to
procurement under this Agreement.
Article
10: Planning, review, reporting and evaluation.
i. An Annual
Review Meeting will be the steering mechanism of this Agreement. The
meeting will be co-chaired by MOST and the Embassy of Denmark and will involve
participation from relevant Vietnamese ministries e.g. Ministry of Planning and
Investment, Ministry of Finance, and participating Vietnamese institutions and
the Ministry of Foreign Affairs in Copenhagen. The agenda of the meeting will
be based on reporting from the institutions and universities supported through
the Agreement.
ii. An Annual
Progress Report and an Annual Financial Report shall be submitted by the
participating institutions to MOST and the Embassy of Denmark (and through MOST
to relevant Vietnamese ministries, e.g. Ministry of Finance and Ministry of
Planning and Investment) at latest 14 days before the Annual Review Meeting.
iii. Semi-annual
financial reports shall be submitted by participating institutions to MOST
and the Embassy of Denmark.
iv. The Embassy
of Denmark shall report to MOST on all relevant transactions made by Denmark
concerning the projects supported through the Agreement.
v. The
Vietnamese institutions and universities supported through the Agreement shall
submit to MOST and the Embassy of Denmark a Completion Report at latest
6 months after the finalisation of the project. The report must include a
financial report and a final audit report and must follow the format given at
the Danish Aid Management Guidelines (www.amg.um.dk).
Participating
Danish institutions shall submit Financial Reports to the
Ministry of
Foreign Affairs of Denmark with a copy to the Embassy, to MOST and to their
Vietnamese partner institution as stipulated in the contract made between the
Danish institution and the Ministry of Foreign Affairs of Denmark.
MOST and
participating institutions and universities shall promptly inform the Embassy
of Denmark if reports and plans cannot be submitted for the Annual Meeting.
Annual Meetings will not be held and new funds not disbursed, until the
required documents have been received.
Irrespective of
agreed reporting routines, the parties shall prompdy inform each other if a
situation arises that makes it likely that the programme will not be carried
out as agreed.
Upon requests by
the Embassy of Denmark, participating institutions and universities shall
provide any other information regarding the activities supported. The
information should be shared with MOST. The Embassy of Denmark and
representatives from the Ministry of Foreign Affairs shall have the right to
carry out any technical or financial mission, including visits of programme
location, considered necessary to monitor the implementation of the programme.
MOST should be informed about all such missions.
Evaluation of
the Programme, preferably undertaken jointly by the Embassy of Denmark and MOST
may be carried out at the request of either Party.
After the termination
of the Programme the Embassy of Denmark reserves the right to carry out
evaluation in accordance with this article.
Article
11: Audit
Participating
Danish research institutions will be audited according to Danish regulations.
Audit of participating Vietnamese research institutions and universities will
be carried out by an external, independent and qualified auditor. The audit
must be carried out in accordance with international standards issued by the
International Organisation of Supreme Audit Institutions (INTOSAI) or
International Federation of Accounts and must be undertaken at latest three
months after the end of the financial year. The Terms of Reference for the
audit and the selection of auditor must be approved by the Embassy of Denmark
and MOST.
At the
termination of the Programme, a final audit will take place within three months
of closure, or as agreed according to a plan to be outlined in cooperation
between the participating institutions and the Embassy of Denmark. MOST shall
be informed about the result of the final audit.
Auditing
expenses shall be included in projects within the Programme.
Representatives
of the Auditor General of Denmark shall have the right to:
i. Carry out any
audit or inspection considered necessary as regards the use of Danish funds in
the question, on the basis of all relevant documentation,
ii. Inspect any
accounts and records of suppliers and contractors relating to the performance
of the contract, and to perform a complete audit.
Article
12: Copyright
Research results
shall be freely published and distributed. Due credit and recognition shall be
given to the Embassy of Denmark, MOST and relevant research institutions.
The Ministry of
Foreign Affairs in Denmark has the right to copy and distribute in a suitable
form any reports and studies, which have been submitted by MOST and
participating Vietnamese institutions to the Embassy of Denmark as part of the
reporting.
Article
13: Ami-corruption clause
All persons
involved in the Programme are under strict obligation to report to the Embassy
of Denmark any suspicion on or actual cases of: fraud, misuse of funds,
corruption, breach of contracts, court cases involving a larger amount of
money, loss of funds, possible loss of funds, qualifications or criticism in
audit reports and other instances or misuse of funds not mentioned here.
If programme
funds administered by the participating institutions are found to have been
disbursed to activities that are outside the scope of the objectives and
provisions in this Agreement and the contracts made with individual
institutions, such funds must be reimbursed by the institutions to the Embassy
of Denmark.
Article
14: Ethical approval
Projects in
Vietnam involving human subjects require ethical approval by a responsible
authority in the country. Where Danish researchers or institutions participate,
approval is also required from the Danish National Committee on Biomedical
Research.
Projects
involving clinical trials of drugs, vaccines or other pharmaceutical
preparations require, in addition, approval by a drug regulatory authority or
other responsible authority in Vietnam. Where Danish researchers or
institutions participate, approval shall also be obtained from The National
Board of Health in Denmark.
Projects
involving experiments with animals should be approved by a responsible
authority in Vietnam. Where Danish researchers or institutions participate,
approval is also required from the Danish Animal Experiment Inspectorate.
The
participating institution is responsible for ensuring that ethical approval in
accordance with the above-mentioned rules is obtained before the project is
started. The Ministry of Foreign Affairs of Denmark retains the right to
require that the participating institution produce proof of ethical approval
before funds are disbursed.
Article
15: Patent and know-how
Regarding patent
and know-how, the participating Vietnamese and Danish institutions and
researchers shall have access to all results and know-how obtained within the
projects prepared under the Agreement. Each party that has participated in the
co-operation shall have the right to the patent in their own name and at their
own expense.
The registration
fees for the patent in Vietnam and Denmark shall be divided equally between the
participating institutions. The participating institutions decide whether the
patent shall be registered or not in a third country.
Should MOST
choose not to exercise its right to apply for patents, the other institutions
arc given the option to do so in their own name and at their own expenses.
The
participating institutions shall have the right to equal shares of the revenue
derived from concession or user's license to a third party if the patent is
registered in mutual agreement. The concession of user's license and patent{s)
shall be defined in each case and in mutual agreement between the participating
institutions provided the participating institutions agree in delegating such a
task to one party.
Article
16: Settlement of disputes
Any dispute
concerning the interpretation or implementation of this Agreement shall be
settled by negotiation between the two parties. In case the dispute has not
been settled within a time limit of six months, the matter may be referred to
arbitration by either party.
The arbitration
shall operate according to the following rules: the number of arbitrators shall
amount to a total of three, one designated by cither of the Parties, i.e. two,
and a third designated by the former two. In case of dispute between the former
two arbitrators as to the designation of the latter, the latter will be
designated by a neutral institution to be identified by the former two. The
arbitration award shall be submitted in written form and must be signed by the
three arbitrators. The proceedings to be followed by the Court of Arbitration
shall be decided on by the three arbitrators, who shall also determine the
distribution between the two parties of the costs relating to arbitration.
Article
17: Validity and Termination
This Agreement
shall remain in force for the duration of the Programme (until the ending of
the last project of the Programme).
The parties may
terminate the Programme by agreement through an exchange of letters or
unilaterally by a notice of termination. A notice of termination will take
effect six months after the date of receipt by the other party.
Article
18: Entry into force
This Agreement
enters into force on the day of its signature.
Signed in Hanoi,
on 9 March 2011 in two originals in English language.
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On
behalf of the Government of Denmark
Danish Ambassador to Vietnam
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On
behalf of the Government of the Socialist Republic of Vietnam
Deputy Minister of Science and Technology
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