BỘ NGOẠI GIAO | CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
Số: 27/2015/TB-LPQT | Hà Nội, ngày 15 tháng 07 năm 2015 |
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Hiệp định vay vốn cho dự án Xây dựng nhà máy nhiệt điện Thái Bình và đường dây truyền tải (II) giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Cơ quan Hợp tác Quốc tế Nhật Bản (JICA), ký tại Hà Nội ngày 26 tháng 01 năm 2015, có hiệu lực kể từ ngày 20 tháng 5 năm 2015.
Điều 68 của Luật nêu trên./.
TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Lê Đức Hạnh
Loan Agreement No. VN13-P8
Thai Binh Thermal Power Plant and Transmission Lines Construction Project (II)
JAPAN INTERNATIONAL COOPERATION AGENCY
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM
January 26, 2015
Table of Contents
Loan Agreement No. VN13-P8, dated January 26, 2015, between the JAPAN INTERNATIONAL COOPERATION AGENCY and 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 (hereinafter referred to as the “Borrower”) herewith conclude the following Loan Agreement (hereinafter referred to as the “Loan Agreement”, which includes all agreements supplemental hereto). JICA agrees to lend the Borrower an amount not exceeding THIRTY SIX BILLION THREE HUNDRED NINETY TWO MILLION Japanese Yen (¥36,392,000,000) as the principal for the implementation of Thai Binh Thermal Power Plant and Transmission Lines Construction Project described in Schedule 1 attached hereto (hereinafter referred to as the “Project”) on the terms and conditions set forth in the Loan Agreement and in accordance with the relevant laws and regulations of Japan (hereinafter referred to as the “Loan”); provided, however, that when the cumulative total of disbursements under the Loan Agreement reaches the said limit, JICA shall make no further disbursement. (1) The Borrower shall cause the proceeds of the Loan to be used for the purchase of eligible goods and services necessary for the implementation of the Project from suppliers, contractors or consultants (hereinafter collectively referred to as the “Supplier(s)”) of the eligible source country(ies) described in Section 2. of Schedule 4 attached hereto (hereinafter referred to as the “Eligible Source Country(ies)”) in accordance with the allocation described in Schedule 2 attached hereto. (3) Notwithstanding the stipulation in Section 2. (2) above, if the expiry date of the Disbursement Period is not a banking business day in Japan, the immediately succeeding banking business day in Japan shall be deemed the expiry date of the Disbursement Period. Repayment, Interest and Front-End Fee The Borrower shall repay the principal of the Loan to JICA in accordance with the Amortization Schedule as set forth in Schedule 3 attached hereto. (1) The Borrower shall pay the interest to JICA semi-annually at the rate of one and four-tenths percent (1.4%) per annum on the principal corresponding to categories (a) and (b) below disbursed (hereinafter referred to as the “Principal (I)”) and outstanding: (b) any principal reallocated from Category (E) (provided for in Section 1. of Schedule 2 attached hereto) and disbursed with respect to Section 2.(1) (a) above. (a) the principal of the Loan allocated to Categories (C) and (D)-ii) (provided for in Section 1. of Schedule 2 attached hereto); and (3) The Borrower shall pay the interest on the Loan to JICA on January 20 and July 20 each year (hereinafter each referred to as the “Payment Date”). (a) (in case of the initial payment of the interest with respect to any disbursement) for the period from and including the day on which the first disbursement is made under the Loan Agreement up to but excluding the first Payment Date on or after the day on which the first disbursement is made; and (5) Notwithstanding Section 2. (4) above, for each of the following cases, each payment that is required to be paid on each Payment Date shall instead become due and payable on the corresponding date of the month which is one (1) month after such each Payment Date: (b) if the Payment Date of the first payment of the interest on or after the Completion Date falls during the period from and including the Completion Date up to and including the corresponding date of the month which is two (2) months after the Completion Date. (1) The Borrower shall pay a fee to JICA at the rate of two-tenths percent (0.2%) on the maximum amount of the Loan specified in Article I, Section 1. above (hereinafter referred to as the “Front-End Fee”). (3) Nevertheless, if the date notified as the FEF Payment Date is not a banking business day in Japan, the immediately succeeding banking business day in Japan shall be deemed the FEF Payment Date. Section 1. General Terms and Conditions (1) The term “principal” wherever mentioned in the General Terms and Conditions shall be replaced by “Principal (I) and Principal (II)” . (3) Section 3.02. (2) of the General Terms and Conditions shall be read as follows: (a) if there has been any reallocation between Categories which caused any changes in the amounts of Principal (I) and Principal (II), the amortization schedule attached to the Loan Agreement shall be recalculated and amended by JICA based on the amounts of Principal (I) and Principal (II) after such reallocation (hereinafter referred to as the “Recalculated Schedule”); and (c) provided, however, that all fractions of less than ONE THOUSAND Japanese Yen (¥1,000) of such subsequent installments after the calculations in accordance with paragraph(s) (a) and/or (b) above, shall be added to the first installment of the subsequent installments. (5) Section 2.01. (v) of the General Terms and Conditions shall be read as follows: (v) “Overdue Charge” means a charge to be paid by the Borrower to JICA calculated at the rate of two percent (2%) per annum over and above the interest rate specified in the Loan Agreement on the overdue amount of principal, interest or Any Other Charges (excluding the Front-End Fee and the Prepayment Premium) required under the Loan Agreement for a period from the due date to the day immediately preceding the date of the actual payment thereof, both inclusive. (7) With regard to Section 3.08. (1) of the General Terms and Conditions, the Borrower shall have all repayment and/or prepayment of principal and payment of interest and Any Other Charges under the Loan Agreement credited to “JICA-Loan” account No. 0207787 with The Bank of Tokyo-Mitsubishi UFJ, Ltd., Head Office, Japan. Section 2. Procurement Procedure Section 3. Disbursement Procedure Section 4. Administration of Loan (2) The Borrower shall authorize-Vietnam Electricity (hereinafter referred to as the “Executing Agency I”) as the executing agency. (4) The Borrower shall also authorize National Power Transmission Corporation (hereinafter referred to as the “Executing Agency II”) as the executing agency. (6) Should the funds available from the proceeds of the Loan be insufficient for the implementation of the Project, the Borrower shall make arrangements promptly to provide such funds as shall be needed. (8) Promptly, but in any event not later than six (6) months after completion of the Project, the Borrower shall cause the Executing Agency I and the Executing Agency II to furnish JICA with a project completion report in such form and in such detail as JICA may reasonably request. Table of Contents and the headings of Articles or Sections herein are inserted for convenient reference only, are not part of the Loan Agreement and do not affect the construction of, or be taken into consideration in interpreting the Loan Agreement. Any contract to be financed out of the proceeds of the Loan shall fulfill the following conditions: (2) The contract prices shall be stated in Japanese Yen and/or other internationally traded currency, provided, however, that any portion of the contract price which the bidder expects to spend in the Socialist Republic of Viet Nam shall be stated in Vietnamese Dong. The following addresses are specified for the purpose of Section 9.03. of the General Terms and Conditions: Postal address: JICA VIETNAM OFFICE Attention: Chief Representative Postal address: 28 Tran Hung Dao Street, Hanoi, VIET NAM For the Executing Agency I VIETNAM ELECTRICITY Ba Dinh District, Hanoi, VIETNAM For the Executing Agency II NATIONAL POWER TRANSMISSION CORPORATION Attention Vice President, Finance IN WITNESS WHEREOF, JICA and the Borrower, acting through their duly authorized representatives, have caused the Loan Agreement to be duly executed in their respective names and delivered in Hanoi, Viet Nam, as of the day and year first above written.
| |
For | For |
(1) Objective
(2) Location:
(3) Line Agency
(4) Executing Agencies:
Executing Agency II: National Power Transmission Corporation
(a) Construction Works for Power Plant
(c) Consulting Services
Any balances remaining on the aforementioned items are to be financed by the Borrower.
Disbursement of the proceeds of the Loan shall be made within the limit of the Japanese Government’s annual budgetary appropriations for JICA.
Allocation of Proceeds of Loan
Amount of the Loan Allocated (in million Japanese Yen)
% of Expenditure to be Financed
32,334
100%
1,298
100%
246
100%
_
831
_
1
_
1,682
36,392
(a) General administration expenses
(c) Purchase of land and other real property
(e) Other indirect items
(2) Category (D) indicates the estimated cost of the interest on the principal disbursed and outstanding during construction. JICA shall be entitled to disburse as the principal out of the proceeds of the Loan and pay to itself, on behalf of the Borrower, the amounts required to meet payments, when due, of the interest during the construction period of the Project(II). Such disbursement out of the proceeds of the Loan shall constitute a valid and binding obligation upon the Borrower under the terms and conditions of the Loan Agreement. The final date of such disbursement as described above shall be determined by JICA.
If the estimated cost of items included in any of Categories (A) through (D) shall increase, the amount equal to the portion, if any, of such increase to be financed out of the proceeds of the Loan, will be allocated by JICA, to such Category from other Categories, subject, however, to the requirements for contingencies, as determined by JICA, in respect of the cost of items in the other Categories.
Amount
(in Japanese Yen)
881,600,000
beginning July 20, 2025
881,585,000
2. Repayment of Principal (II)
Amount |
6,040,000 |
beginning July 20, 2025
6,024,000 |
(1) Procurement of all goods and services, except consulting services, to be financed out of the proceeds of the Loan shall be in accordance with the Guidelines for Procurement under Japanese ODA Loans dated March 2009 (hereinafter referred to as the “Procurement Guidelines”).
Section 2. Eligible Source Country(ies)
Section 3. JICA’s review of decisions relating to procurement of goods and services (except consulting services)
(1) With regard to any contract the amount of which is estimated to be not less than THREE BILLION Japanese Yen (¥ 3,000,000,000):
(b) Before advertisement and/or notification of pre-qualification, the Borrower shall submit to JICA, for JICA’s review and concurrence, the pre-qualification documents including a pre-qualification evaluation criteria. The Borrower shall submit to JICA, for JICA’s reference, such other documents related to the pre-qualification documents as JICA may reasonably request. When JICA has no objection to the said documents, JICA shall inform the Borrower accordingly. When the Borrower wishes to make an important alteration to any of the said documents, JICA’s concurrence shall be obtained before the documents are sent to prospective applicants.
(d) Before inviting bids, the Borrower shall submit to JICA, for JICA’s review and concurrence, the tender documents such as the notices and instructions to bidders, bid form, bid evaluation criteria, proposed draft contract, specifications, drawings and all other documents related to the bidding. The Borrower shall submit to JICA, for JICA’s reference, such other documents related to the tender documents as JICA may reasonably request. When JICA has no objection to the said documents, JICA shall inform the Borrower accordingly. When the Borrower wishes to make an important alteration to any of the said documents, JICA’s concurrence shall be obtained before the documents are sent to prospective bidders.
(f) When, as provided for in Section 5.10 of the Procurement Guidelines, the Borrower wishes to reject all bids or to negotiate with the lowest evaluated bidder (or, failing a satisfactory result of such negotiation, with the next-lowest evaluated bidder) with a view to obtaining a satisfactory contract, the Borrower shall inform JICA of its reasons, requesting prior review and concurrence. When JICA has no objection, JICA shall inform the Borrower of its concurrence. In the case of re-bidding, all subsequent procedures shall be substantially in accordance with the sub-paragraphs (a) through (e).
(h) Any modificationt or cancellation of a contract reviewed by JICA shall require the prior written concurrence of JICA thereto; provided, however, that any change which does not constitute an important modification of the contract and which does not affect the contract amount shall not require such concurrence of JICA.
(2) With regard to any contract the amount of which is estimated to be not less than ONE BILLION Japanese Yen (¥ 1,000,000,000) but less than THREE BILLION Japanese Yen (¥ 3,000,000,000):
(b) Notwithstanding the stipulation in Section 3.(2)(a) above, the procedures stipulated in Section 3. (1)(a) through (f) may be disregarded for specific contracts if the Borrower submits to JICA such request in writing and if JICA agrees to such request.
(a) Promptly after executing a contract but, in any event, before implementation, the Borrower shall submit to JICA, for JICA’s review and concurrence, a duly certified copy of the contract, together with a Request for Review of Contract (as per Form No.2 attached hereto). The Borrower shall submit to JICA, for JICA’s reference, such other documents related to the contract as JICA may reasonably request. When JICA determines the contract to be consistent with the Loan Agreement, JICA shall inform the Borrower of its concurrence.
(c) Notwithstanding the provision of sub paragraph (b) above, with respect to the adjustment of the contract amount made in accordance with the provisions of the original contract (including the price escalation clauses or re-measurement under the original design) which have already been reviewed and concurred by JICA, the Borrower may make an adjustment to the contract amount pursuant to the original contract with submitting to JICA promptly the post-fact notification reporting the adjustment made on the contract amount, instead of obtaining the prior written concurrence of JICA.
JICA reserves the right to request the Borrower to submit documents concerning such procurement for JICA’s reference.
In the case of contracts to be financed out of the proceeds of the Loan allocated to Category (C), as specified in Section 1. of Schedule 2 attached hereto, the following procedures shall, in accordance with Section 4.02. of the General Terms and Conditions, be subject to JICA’s review and concurrence.
(2) When Quality and Cost-Based Selection (QCBS), as provided for in Section 3.02 of the Consultant Guidelines, is adopted, the Borrower shall, before opening financial proposals, submit to JICA, for JICA’s review and concurrence, the Borrower’s analysis of technical proposals, together with a Request for Review of Evaluation of Technical Proposals. The Borrower shall submit to JICA, for JICA’s reference, such other documents as JICA may reasonably request. When JICA has no objection, JICA shall inform the Borrower accordingly by means of a Notice regarding Evaluation of Technical Proposals.
(4) If the Borrower wishes, as provided for in Section 3.02(4) of the Consultant Guidelines, to use single-source selection, the Borrower shall inform JICA in writing of its reasons, for JICA’s review and concurrence, together with the Letter of Invitation and the Terms of Reference. After obtaining the concurrence of JICA, the Borrower may send the Letter of Invitation and the Terms of Reference to the consultant concerned. If the Borrower finds the proposal of the consultant to be satisfactory, it may then negotiate the conditions (including the financial terms) of the contract.
(6) Any modification or cancellation of a contract reviewed by JICA shall require the prior written concurrence of JICA thereto, provided, however, that any change which does not constitute an important modification of the contract and which does not affect the contract price shall not require such concurrence of JICA.
Form No. 1
Ref. No.
JICA Vietnam Office
Ladies and Gentlemen:
REQUEST FOR REVIEW OF PROCUREMENT METHOD(S)
In accordance with the relevant provisions of the Loan Agreement under reference, we hereby submit for your review the Procurement Method(s) as per attached sheet.
Attached Sheet for Form No.1 2. Procedure for Procurement ( ) International (Local) Shopping ( ) Others ( ) (For example: technical considerations, economic factors, experiences and capabilities) (in the cases of Limited International (Local) Bidding and Direct Contracting) Foreign Currency 6. Main Items Covered by the Contract ( ) Turnkey Contract ( ) Civil Works Contract ( ) Procurement of Services 8. Schedule ii) Shipping Date and/or Date for Commencement of Works/Services
Form-No. 2 Ref. No. JICA Vietnam Office Ladies and Gentlemen: REQUEST FOR REVIEW OF CONTRACT In accordance with the relevant provisions of the Loan Agreement under reference, we hereby submit for your review a certified copy of the Contract attached hereto. The details of the Contract are as follows: 2. Name and Nationality of the Supplier:______________________________________ 4. Name of the Purchaser: ________________________________________________ 6. Eligible Expenditure: __________________________________________________ (representing _____ % of eligible expenditure) 9. (In case the Supplier is a joint venture) Name, Nationality and Address of each company of the Joint Venture: (B company): __________________________________________________________
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