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

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Lê Thị Tuyết Mai

EMBASSY OF JAPAN
HANOI

Hanoi, January 16, 2017

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 (hereinafter referred to as "the Recipient") concerning Japanese economic cooperation to be extended with a view to promoting the economic and social development of the Socialist Republic of Viet Nam, and to propose on behalf of the Government of Japan the following understanding:

(3) The scope of the eligible source countries mentioned in sub-paragraph (1) above shall be agreed upon between the authorities concerned of the two Governments.

Sir

Vice Minister of Public Security
of the Socialist Republic of Viet Nam

5. (1) The Recipient shall take necessary measures:

(b) to ensure that customs duties, internal taxes and other fiscal levies which may be imposed in the country of the Recipient with respect to the payment carried out for and the income accruing from the supply of the Products and/or the Services be exempted or be borne by its designated authority and shall not be covered by the Grant;

(d) to present to the Government of Japan a report prepared in a written form acceptable to the Government of Japan on the transactions on the Account together with copies of contracts, vouchers and other documents concerning the relevant transactions without delay when the Grant and its accrued interest are completely used for the purchase of the Products and/or the Services and for the payment of the fees referred to in sub-paragraph (1) of paragraph 2, or upon request by the Government of Japan;

(f) to ensure that the Products and/or the Services be utilized, in principle, by end-users including the Recipient itself, for non-commercial purposes;

(h) to accord the Japanese physical persons and/or physical persons of third countries whose services may be required in connection with the supply of the Products and/or the Services such facilities as may be necessary for their entry into the country of the Recipient and stay therein for the performance of their work;

(j) to provide the Government of Japan with a final report on the Programme upon its completion.

(3) With regard to the shipping and marine insurance of the Products, the Recipient shall refrain from imposing any restrictions that may hinder fair and free competition among the shipping and marine insurance companies.

6. Further procedural details for the implementation of the present understanding shall be agreed upon through consultation between the authorities concerned of the two Governments.

I have further the honour to propose that this Note and your Note in reply confirming on behalf of the Recipient the foregoing understanding shall constitute an agreement between the two Governments, which shall enter into force on the date of your Note in reply.

Agreed Minutes on Procedural Details

The products and/or the services referred to in sub-paragraph (1) of paragraph 2 of the Exchange of Notes (hereinafter respectively referred to as the "Products" and the "Services") and the eligible source countries referred to in sub-paragraph (3) of paragraph 2 of the Exchange of Notes shall be those enumerated in Appendix I.

(1) The grant referred to in paragraph 1 of the Exchange of Notes (hereinafter referred to as "the Grant") and its accrued interest shall be used for the purchase of the Products and/or the Services as well as for such fees necessary for the implementation of the Programme.

The Recipient shall, therefore, conclude an employment contract, within three months after the date of entry into force of the Exchange of Notes, with Japan International Cooperation System (hereinafter referred to as "the Agent") to act on behalf of the Recipient in accordance with the Scope of the Agent's Services as set forth in Appendix II.

(4) The contracts for the purchase of the Products and/or the Services shall be concluded in Japanese Yen between the Agent and Japanese nationals, unless otherwise agreed upon between the authorities concerned of the two Governments (The term "Japanese nationals" in the present Agreed Minutes on Procedural Details means Japanese physical persons or Japanese juridical persons controlled by Japanese physical persons.).

(6) The Recipient shall take necessary measures to expedite utilization of the Grant and its accrued interest, including facilitation of the existing import procedures.

(1) After the date of entry into force of the Exchange of Notes, the two Governments shall appoint their representatives who will be members of a consultative committee (hereinafter referred to as "the Committee"), the role of which shall be to discuss any matter that may arise from or in connection with the Exchange of Notes. After the approval of the employment contract referred to in sub-paragraph (3) of paragraph 2 above, the Agent shall appoint its representative who will participate in the Committee meetings as an adviser.

(3) The terms of reference of the Committee shall be as set forth in Appendix V.

4. Disbursement Procedure

(1) The Recipient (or its designated authority) and the bank in Japan referred to in sub-paragraph (1) of paragraph 3 of the Exchange of Notes (hereinafter referred to as "the Bank") shall conclude an arrangement regarding transfer of funds in which the Recipient shall designate the Agent as the representative acting in the name of the Recipient concerning all transfers of funds to the Agent.

(3) Pursuant to the Agent's request as per sub-paragraph (2) above, the Bank shall notify the Recipient of the request made by the Agent. The Bank shall pay the amount to the Agent from the account referred to in sub-paragraph (1) of paragraph 3 of the Exchange of Notes (hereinafter referred to as "the Account") unless the Recipient makes opposition to such payment within ten working days after the notification by the Bank. The Agent shall make payments to suppliers of the Products and/or the Services from the funds received (hereinafter referred to as "the Advances") in accordance with the terms of the contracts with them.

(4) When the total of the remaining amount in the account of the Agent (hereinafter referred to as "the Remaining Amount") is less than three per cent (3%) of the Grant and its accrued interest, the Recipient may request the Agent to reimburse the Remaining Amount to the Recipient for payments which have already been made by the Recipient for the procurement of the Products and/or the Services and have not been covered by the Grant and its accrued interest, provided that such payments have been made on or after the date of entry into force of the Exchange of Notes. In this case, the eligible source countries of the said Products and/or the Services may be all countries and areas except the Socialist Republic of Viet Nam, notwithstanding the provisions of Appendix I.

(5) With respect to (a) of sub-paragraph (1) of paragraph 5 of the Exchange of Notes, no further disbursement shall be made after the period mentioned in the said sub-paragraph expires, unless otherwise agreed between the authorities concerned of the two Governments.

With respect to (a) of sub-paragraph (1) of paragraph 5 of the Exchange of Notes, when the Government of Japan finds, upon the receipt of the final report, that the use of the Grant and its accrued interest is incomplete, it shall notify the Recipient of the procedures for refunding of the remaining amount in the Account and the Remaining Amount. The Recipient shall refund such amount to the Government of Japan without delay through such procedures as notified above.

Hanoi, January 16, 2017

Appendix I

1. Eligible Products and/or Services

- Equipment for building capacity to ensure public security

(2) Eligible Services

- Training services and other necessary services for the operation and maintenance of equipment for building capacity to ensure public security

2. Eligible Source countries

Appendix II

Scope of the Agent's Services

2. Ensuring that the Recipient and the end-users fully understand the procedures to be employed, where necessary

(2) Preparation of bid documents appropriate to the type and value of the Products and/or the Services to be procured

(4) Evaluation of bids, including both technical and financial considerations

4. Receipt and utilization of the Advances in accordance with the employment contract with the Recipient referred to in sub-paragraph (2) of paragraph 2 of the Agreed Minutes on Procedural Details

6. Checking the progress of supplies to ensure that delivery dates are met

8. Payment to suppliers from the Advances

(1) Certificate of Eligible Procurement as per Appendix III

10. Preparation of quarterly status reports for the two Governments, covering enquiries, orders, order status, values and delivery information

12. Submission to the Government of Japan of an overall evaluation report including details of all the Products and/or the Services shipped, source country, delivery date, value of the Products and/or the Services (including relevant charges) and total amounts disbursed and remaining

Appendix III

Certificate of Eligible Procurement

Ref. No.:

With reference to the pro forma invoice attached hereto, we hereby certify that the procurement complies with all the relevant terms and conditions of the Exchange of Notes between the Government of Japan and the Government of the Socialist Republic of Viet Nam dated January, 16, 2017 and the Agreed Minutes on Procedural Details between the two Governments dated January, 16, 2017.

1. Method of Procurement

a.: Competitive Bidding

c.: Shopping

2. Products and/or Services

b. Origin:

a. Products and/or Services:

c. Marine Insurance:

e. Total (a+b+c+d):

Name:

Nationality:

5. Consignee

Address:

(Signature)
The Agent
Name Title

Appendix IV

Date:

With reference to the payment order, the undersigned hereby certify that the procurement related to the said payment order as listed below complies with all the relevant terms and conditions of the Exchange of Notes between the Government of Japan and the Government of the Socialist Republic of Viet Nam dated January, 16, 2017 and the Agreed Minutes on Procedural Details between the two Governments dated January, 16, 2017.

The following are the principal relevant facts concerning the procurement.

1.

Trans-action

2.

Purchaser

3.

 Supplier (Name)

4.

 Nationality of Supplier

5.

Products  and/or Services

6.

Origin

7.

 Date  of Payment

8.

Amount of Payment

9.

Method of  Procurement

2.

4.

.

a. Covering letter made by a negotiating/paying bank

c. Invoice

Authorized signature
(the Recipient)
Name, Title

Authorized Signature
(the Agent)
Name, Title

Appendix V

Terms of Reference of the Committee

2. To exchange views on allocations of the Grant and its accrued interest as well as on potential end-users

4. To exchange views on publicity related to the utilization of the Grant and its accrued interest

Record of Discussions

(a) the Recipient will take necessary measures to prevent any offer, gift or payment, consideration or benefit which would be construed as a corrupt practice in the country of the Recipient from being made as an inducement or reward related to the award of the contracts that the agent referred to in sub-paragraph (2) of paragraph 2 of the Agreed Minutes on Procedural Details of the Exchange of Notes will enter into with a view to purchasing the Products and/or the services referred to in paragraph 2 of the Exchange of Notes.

Hanoi, January 16, 2017