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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:
49/2014/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:
Thỏa thuận viện trợ đối với Dự án
"Nâng cao chất lượng chương trình truyền hình của Đài Truyền hình Việt
Nam" giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ
Nhật Bản, ký tại Hà Nội ngày 11 tháng 4 năm 2014, có hiệu lực kể từ ngày 11
tháng 4 năm 2014.
Bộ Ngoại giao trân trọng gửi bản
sao thỏa thuận 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 Thị Minh Nguyệt
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Grant Agreement No. 1360440
GRANT AGREEMENT
For
THE PROJECT FOR THE IMPROVEMENT OF TV PROGRAMS OF VIETNAM
TELEVISION
Between
JAPAN INTERNATIONAL COOPERATION AGENCY
And
THE GOVERNMENT OF THE SOCIALIST REPUBLIC
OF VIET NAM
Dated
April 11, 2014
On the basis of the Exchange of
Notes between the Government of Japan and the Government of the Socialist
Republic of Viet Nam dated April 11, 2014 (hereinafter referred to as “the E/N”)
concerning the Japanese grant assistance for the Project for the Improvement of
TV Programs of Vietnam Television (hereinafter referred to as “the Project”) by
the Government of the Socialist Republic of Viet Nam, the Japan International
Cooperation Agency (hereinafter referred to as “JICA”) and the Government of
the Socialist Republic of Viet Nam have agreed to conclude the following grant
agreement referred to in sub-paragraph (2) of paragraph 1 of the E/N:
Article 1 Amount and Purpose of the Grant
For the purpose of contributing to
the implementation of the Project, JICA shall extend a grant of the amount up
to forty nine million and four hundred thousand Japanese Yen (JPY49,400,000)
(hereinafter referred to as “the Grant”) to the Government of the Socialist
Republic of Viet Nam in accordance with the relevant laws and regulations of
Japan and within the scope of the E/N.
Article 2 Availability of the Grant
The Grant shall be made available
by concluding the present grant agreement (hereinafter referred to as “the G/A”)
during the period between the date of entry into force of the G/A and June 30,
2015, unless the period is extended by mutual consent between JICA and the
Government of the Socialist Republic of Viet Nam or the designated authority
(hereinafter referred to collectively as “the Authority").
Article 3 Use of the Grant
(1) The Grant shall be used by the
Government of the Socialist Republic of Viet Nam properly and exclusively for
the purchase of such products of Japan and such services of Japanese nationals
necessary for the implementation of the Project as listed below (The term
“nationals” whenever used in the G/A means Japanese physical persons or
Japanese juridical persons controlled by Japanese physical persons in the case
of Japanese nationals.):
(a) programs and services necessary
for the procurement thereof; and
(b) services necessary for the
transportation of the products referred to in (a) above to ports in the
Socialist Republic of Viet Nam.
Article 4 Procurement Guidelines
The Authority shall ensure that the
products and / or the services referred to in Article 3 are procured in
accordance with JICA’s Procurement Guidelines of the Japanese Grant Aid (Type
I-G) (hereinafter referred to as “the Procurement Guidelines”).
Article 5 Verification of Contracts
The Authority shall enter into
contracts in Japanese Yen with Japanese nationals for the purchase of the
products and services referred to in Article 3. Such contracts shall be verified
by JICA to be eligible for the Grant.
Article 6 Payments
JICA shall execute the Grant by
making payments in Japanese Yen to cover the obligations incurred by the
Authority under the contracts verified in accordance with Article 5
(hereinafter referred to as “the Verified Contracts”) 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 Authority (hereinafter referred to as “the
Bank”).
Article 7 Banking Arrangement
The sole purpose of the account
referred to in Article 6 is to receive the payments in Japanese Yen from JICA
and to pay to the Japanese nationals who are parties to the Verified Contracts.
The procedural details concerning the credit to and debit from the account
referred to in Article 6 will be agreed upon through consultation between the
Bank and the Authority.
Article 8 Authorization to Pay
The payments referred to in Article
6 shall be made when payment requests are presented by the Bank to JICA under
an authorization to pay issued by the Authority.
Article 9 Modification of the Project
When the plan and / or design of
the Project is to be modified, the Authority shall have a prior consultation
with and obtain the consent to the modification of JICA, in accordance with the
Procurement Guidelines.
Article 10 Obligations of the Government of the Socialist Republic of
Viet Nam
(1) The Government of the Socialist
Republic of Viet Nam shall take necessary measures:
(a) to ensure prompt unloading and
customs clearance of the products referred to in Article 3 at ports of
disembarkation in the Socialist Republic of Viet Nam and to assist internal
transportation of the products referred to in Article 3 therein;
(b) 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 products and the
services referred to in Article 3 be exempted;
(c) to accord Japanese physical
persons and / or physical persons of third countries whose services may be required
in connection with the supply of the products and the services referred to in
Article 3 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;
(d) to ensure that the products
referred to in Article 3 be maintained and used properly and effectively for
the implementation of the Project;
(e) to bear all the expenses, other
than those covered by the Grant, necessary for the implementation of the
Project; and
(f) to give due environmental and
social consideration in 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 JICA with necessary information including information on corrupt
practice, related to the Project.
(3) With regard to the shipping and
marine insurance of the products referred to in Article 3, 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.
(4) The products referred to in
Article 3 shall not be exported or re-exported from the Socialist Republic of
Viet Nam.
(5) The Government of the Socialist
Republic of Viet Nam shall ensure that any official of the Government of the
Socialist Republic of Viet Nam does not undertake any part of the Japanese
nationals’ work on the purchase of the products and the services referred to in
Article 5.
Article 11 Applicable Laws
The validity, interpretation and
performance of the G/A shall be governed by the relevant laws and regulations
of Japan.
Article 12 Amendments
The G/A may be amended within the
scope of the E/N by written agreement between JICA and the Government of the
Socialist Republic of Viet Nam. The amendment to the G/A shall enter into force
on the date of signature of such written agreement by JICA and the Government
of the Socialist Republic of Viet Nam.
Article 13 Consultation
JICA and the Government of the
Socialist Republic of Viet Nam shall consult with each other in respect of any
matter that may arise from or in connection with the G/A.
Article 14 Effectiveness and Termination
(1) The G/A shall enter into force
on the date of signature by JICA and the Government of the Socialist Republic
of Viet Nam, provided that the E/N is in force.
(2) When JICA recognizes any of the
following situations, JICA may, by notification to the Government of the
Socialist Republic of Viet Nam, suspend in whole or in part the rights of the
Government of the Socialist Republic of Viet Nam and / or require the
Government of the Socialist Republic of Viet Nam to remedy the situation. When
the Government of the Socialist Republic of Viet Nam will not remedy the
situation within the period of thirty (30) days from the date of receipt of
such notification, JICA may, with the consent of the Government of Japan,
terminate the G/A:
(a) default of the Government of
the Socialist Republic of Viet Nam in fulfillment of any obligations or in
compliance with the terms and conditions under the E/N or the G/A;
(b) a fundamental change of
circumstances relating to the Authority which has occurred with regard to those
existing at the time of the entry into force of the G/A; and
(c) any emergency, unforeseen
circumstances or force majeure, such as war, civil war, earthquake and flood
which cause serious difficulties in implementing the Project.
Hanoi, April 11, 2014
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For
JAPAN INTERNATIONAL
COOPERATION AGENCY
Mutsuya MORI
Chief Representative
JICA Viet Nam Office
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For
THE GOVERNMENT OF
THE SOCIALIST REPUBLIC OF VIET NAM
Tran Binh Minh
President
Vietnam Television
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Hanoi,
April 11, 2014
Sir,
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
cultural cooperation to be extended with a view to strengthening friendly and
cooperative relations between the two countries, 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 the Improvement of TV
Programs of Vietnam Television (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 forty-nine million and four hundred thousand
Japanese Yen (¥49,400,000) (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.
Mr. TRAN BINH MINH
President of Vietnam Television
(c) to accord Japanese physical
persons and/or physical persons of third countries, whose services may be
required in connection with the supply of the Products and 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;
(d) to ensure that the Products be
maintained and used properly and effectively for the implementation of the
Project;
(e) to bear all the expenses, other
than those covered by the Grant, necessary for the implementation of the
Project; and
(f) to give due environmental and
social consideration in 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.
(3) With regard to the shipping and
marine insurance of the Products, 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.
(4) The Products shall not be
exported or re-exported from the Socialist Republic of Viet Nam.
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 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 Note in reply.
I avail myself of this opportunity
to extend to you the assurance of my high consideration.
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FUKADA
HIROSHI
Ambassador Extraordinary and
Plenipotentiary of Japan
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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 April 11, 2014 concerning Japanese cultural
cooperation to be extended with a view to strengthening friendly and
cooperative relations between the two countries (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,
April 11,2014
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TRAN
BINH MINH
President of
Vietnam Television
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FUKADA
HIROSHI
Ambassador Extraordinary
and Plenipotentiary of Japan
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Hanoi,
April 11, 2014
Excellency,
I have the honour to acknowledge
the receipt of Your Excellency’s Note of today’s date, which reads its 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
cultural cooperation to be extended with a view to strengthening friendly and
cooperative relations between the two countries, 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 the Improvement of TV
Programs of Vietnam Television (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 forty-nine million and four hundred thousand
Japanese Yen (¥49,400,000) (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,
His Excellency
Mr. FUKADA HIROSHI
Ambassador Extraordinary
and Plenipotentiary 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 (JTCA) (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 June 30, 2016. 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 products and services necessary for the implementation of
the Project as may be specified in the G/A (hereinafter respectively referred
to as “the Products” and “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 Products and 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 the 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 prompt unloading and
customs clearance at ports of disembarkation in the Socialist Republic of Viet
Nam and to assist internal transportation therein of the Products;
(b) 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 Products and the
Services be exempted;
(c) to accord Japanese physical
persons and/or physical persons of third, countries, whose services may be
required in connection with the supply of the Products and the Services such
facilities as may be necessary for their entry into the Socialist Republic of
Viet Nam and stay therein for the performance or their work;
(d) to ensure that the Products be
maintained and used properly and effectively for the implementation of the
Project;
(e) to bear all the expenses, other
than those covered by the Grant, necessary for the implementation of the
Project; and
(f) to give due environmental and
social consideration in 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.
(3) With regard to the shipping and
marine insurance of the Products, the Government of the Socialist Republic of
Viet Nam shall refrain from imposing any restrictions that may binder fair and
free competition among the shipping and marine insurance companies.
(4) The Products shall not be
exported or re-exported from the Socialist Republic of Viet Nam.
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 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 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 extend to Your Excellency the assurance of my highest consideration.
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TRAN
BINH MINH
President of
Vietnam Television
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