THÔNG BÁO

VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC

Điều 56 của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:

Bộ Ngoại giao trân trọng gửi bản sao Hiệp định theo quy định tại Điều 59 của Luật nêu trên./.

TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG




Nguyễn Văn Ngự

LOAN NUMBER 3758-VIE(COL)

LOAN AGREEMENT

(Ordinary Operations [Concessional])

(Local Health Care for Disadvantaged Areas Sector Development Program)

BETWEEN SOCIALIST REPUBLIC OF VIET NAM AND ASIAN DEVELOPMENT BANK

DATED 6 August 2019

VIE 50285

LOAN AGREEMENT

(Ordinary Operations [Concessional])

LOAN AGREEMENT dated 6 August 2019 between SOCIALIST REPUBLIC OF VIET NAM (“Borrower) and ASIAN DEVELOPMENT BANK (“ADB”).

(A) ADB has received from the Borrower a development policy letter dated 14 November 2018 (“Policy Letter), setting forth certain objectives, policies and actions, described in Schedule 1 to this Loan Agreement, designed to develop die Borrower’s local health care sector for disadvantaged areas ("Program’’);

(D) ADB has agreed to make a concessional loan to the Borrower from ADB's ordinary capital resources to finance the Program upon the terms and conditions set forth herein;

ARTICLE I

Loan Regulations; Definitions

(Concessional) Loan Regulations, dated 1 January 2017 (“Loan Regulations’), are hereby made applicable to this Loan Agreement with the same force and effect as if they were fully set forth herein, subject, however, to the following modifications:

“Program” means die program for which ADB has agreed to make the Loan, as described in the Loan Agreement and as the description thereof may be amended from time to time by agreement between ADB and the Borrower;

(c) Section 2,01 (x) is deleted and the following is substituted therefor:

(d) The term “Project Executing Agency” wherever it appears in the Loan Regulations Shalt be substituted by the term “Program Executing Agency”; and

Section 1.02. Wherever used in this Loan Agreement, the several terms defined in the Loan Regulations have the respective meanings therein set forth unless modified herein or the context otherwise requires. Additional terms used in this Loan Agreement have the following meanings:

(e) “Policy Matrix” means the policy matrix as agreed between the Borrower, through MOH, and ADB, which sets forth actions accomplished or to be accomplished by the Borrower under the Program and is attached to the Policy Letter; and

ARTICLE II

The Loan

(b) The Loan has a principal repayment period of 20 years, and a grace period as defined in subsection (c) hereinafter.

Section 2.03. The interest charge and any other charge on the Loan shall be payable semiannually on 1 May and 1 November in each year.

Section 2.05. The currency of repayment of the principal of the Loan and the currency of payment of the interest charge for the purposes of Sections 4.03(a) and 4.04 of the Loan Regulations shall be the Dollar.

ARTICLE III

Use of Proceeds of the Loan

Section 3.02. The proceeds of the Loan shall be withdrawn in accordance with the provisions of Schedule 3 to this Loan Agreement, as such Schedule may be amended from time to time by agreement between the Borrower and ADB.

ARTICLE IV

Particular Covenants

Section 4.02. As pert of the reports and information referred to in Section 6.05 of the Loan Regulations, the Borrower shall furnish, or cause to be furnished, to ADB all such reports and information as ADB shall reasonably request concerning (i) Counterpart Funds and the use thereof, and (ii) the implementation of the Program, including the accomplishment of the targets and carrying out of the actions set out in the Policy Letter.

ARTICLE V

Suspension; Acceleration of Maturity

Section 5.02. The following Is specified as an additional event for acceleration of maturity for the purposes of Section 8.07(d) of the Loan Regulations: the grant under the Project Grant Agreement shall have become liable for suspension for 30 days or cancellation.

ARTICLE VI

Effectiveness

Section 6.02. A date 90 days after the date of this Loan Agreement is specified for the effectiveness of the Loan Agreement for the purposes of Section 9.04 of the Loan Regulations.

ARTICLE VII

Miscellaneous

Section 7.02. The following addresses are specified for the purposes of Section 11.01 of the Loan Regulations:

Ministry of Finance

Hoan Kiem District

Facsimile Number

For ADB

6 ADB Avenue

1550 Metro Manila

Facsimile Numbers:

(632) 636-2305.

SCHEDULE 1

Description of the Program

2. The Program is described in more detail in the Policy Letter.

SCHEDULE 2

Amortization Schedule

SCHEDULE 3

Withdrawal of Loan Proceeds

2. An application for withdrawal from the Loan Account shell be submitted to ADB by the Borrower and shall be in a form satisfactory to ADB.

(b) Separate accounts and records in respect of the Deposit Account shall be maintained in accordance with accounting principles acceptable to ADB. Upon ADB's request, the Borrower shall have the financial statements for the Deposit Account audited by independent auditors, whose qualifications, experience and terms of reference are acceptable to ADB, in accordance with international standards for auditing or the national equivalent acceptable to ADB. Promptly after their preparation but in any event not later than 6 months after the date of ADB’s request copies of such audited financial statements and toe opinion of the auditors on the financial statements, in the English language, shall be furnished to ADB.

5. The Borrower may withdraw the Loan upon effectiveness of this Loan Agreement.

Attachment to Schedule 3

Negative List

(i) expenditures for goods included in the following groups or sub-groups of the United Nations Standard International Trade Classification, Revision 3 (SITC, Rev. 3) or any successor groups or sub-groups under future revisions to the SITC, as designated by ADB by notice to the Borrower:

Table: ineligible items

Source: United Nations.

(iii) expenditures for goods supplied under a contract that any national or international financing institution or agency will have financed or has agreed to finance, including any contract financed under any loan or grant from the ADB;

(v) expenditures for narcotics;

(vii) expenditures on account of any payment prohibited by the Borrower in compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations.

SCHEDULE 4

Program implementation and Other Matters

1. The Program Executing Agency shall oversee and coordinate the timely implementation of the policy actions.

Policy Actions and Dialogue

4. The Borrower, through MOH, shall keep ADB informed of policy discussions with other multilateral and bilateral aid agencies that may have implications for the implementation of the Program and shall provide ADB with an opportunity to comment on any resulting policy proposals. The Borrower shall take into account ADB's views before finalizing and implementing any such proposal.

5. The Borrower shall ensure that the Counterpart Funds are used to finance the implementation of certain programs and activities consistent with the objectives of the Program.

6. The Borrower and the Program Executing Agency shall (a) comply with ADB's Anticorrption Policy (1998, as amended to date) and acknowledge that ADB reserves the right to investigate directly, or through its agents, any alleged corrupt fraudulent collusive or coercive practice relating to the Program; and (b) cooperate with any such investigation and extend all necessary assistance for satisfactory completion of such investigation.

7. The Program reviews shall be carried out and performance shall be monitored in conjunction with the Project reviews and monitoring, as detailed in the Project Grant Agreement.