BỘ NGOẠI GIAO | CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
Số: 42/2014/TB-LPQT | Hà Nội, ngày 30 tháng 06 năm 2014 |
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
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:
Bộ Ngoại giao trân trọng gửi bản sao Hiệp định theo quy định tại Điều 68 của Luật nêu trên (kèm bản dịch tiếng Việt để tham khảo)./.
TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG
Nguyễn Văn Ngự
BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE PERMANENT COURT OF ARBITRATION
Preamble
CONSIDERING THAT:
The PCA was established by the 1899 Convention for the Pacific Settlement of International Disputes (the “1899 Convention”) at the first Hague Peace Conference, which was convened “with the object of seeking the most objective means of ensuring to all peoples the benefits of a real and lasting peace”;
In the 1899 and 1907 Conventions, the Contracting Parties undertook to maintain the PCA accessible at all times, as a global institution for the settlement of international disputes through third-party intervention;
The Socialist Republic of Viet Nam became a Contracting Party to the 1899 Convention on December 29, 2011, and to the 1907 Convention on February 27, 2012; and
HAVE AGREED AS FOLLOWS:
For the purposes of the present Agreement:
(2) “International Bureau” shall mean the International Bureau of the PCA;
(4) “Ministry of Foreign Affairs” shall mean the Ministry of Foreign Affairs of the Socialist Republic of Viet Nam;
(6) “Participant in Proceedings” shall mean any counsel, party, agent, or other party representative, witness, expert, as well as any interpreters, translators, or court reporters taking part in a hearing, meeting, or other activity in relation to PCA Proceedings;
(8) “PCA Meeting” shall mean any meeting, including hearings in the context of PCA Proceedings and conferences, convened by the PCA;
(10) “property” mentioned in this Agreement shall not consist of immovable property;
(13) “UN Convention” shall mean the Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations on 13 February 1946.
The PCA shall have the legal capacity necessary to conduct its peaceful resolution of international disputes through arbitration, mediation, conciliation, and fact-finding commissions of inquiry and in providing other appropriate assistance regarding its peaceful resolution of international disputes in the Socialist Republic of Viet Nam to governments, inter-governmental organizations, and other entities, as well as activities of cooperation in the Socialist Republic of Viet Nam in accordance with the provisions of this Agreement.
(1) The Socialist Republic of Viet Nam shall be a host country for the PCA. As a host country, the Government shall strive to facilitate the work of the PCA in the peaceful resolution of international disputes through arbitration, mediation, conciliation, and fact-finding commissions of inquiry and in providing other appropriate assistance regarding its peaceful resolution of international disputes in the Socialist Republic of Viet Nam to governments, inter-governmental organizations, and other entities.
(3) In making office or meeting space available to the PCA under the terms of paragraph (2) of this Article, the Government shall make available, at no cost to the PCA, the means for such telephonic, fax, internet, or other communications as may reasonably be deemed necessary by Secretary-General or other Officials of the PCA.
(1) On the part of the Government, the Ministry of Foreign Affairs shall coordinate on behalf of the Government all issues that may arise with respect to implementation of this Agreement.
Article 5 - Privileges and Immunities of the PCA
(2) The archives of the PCA, and in general all documents belonging to it or held by it in the territory of the Socialist Republic of Viet Nam, shall be inviolable.
(a) exempt from all direct taxes; it is understood, however, that the PCA will not claim exemption from taxes which are, in fact, no more than charges for public utility services;
(c) exempt from customs duties and prohibitions and restrictions on imports and exports in respect of its publications. It is understood, however, that publications imported under such exemption will not be sold in the Socialist Republic of Viet Nam except under conditions agreed with the Government.
(5) The Government shall permit and protect free communication on the part of the PCA for all official purposes (including communication by Officials of the PCA and PCA Adjudicators with the PCA or in relation to PCA Proceedings). The PCA shall enjoy in the territory of the Socialist Republic of Viet Nam for its official communications treatment not less favorable than that accorded by the Government to the United Nations in Viet Nam in the matter of priorities, rates and taxes on mails, cables, telegrams, radiograms, telephotos, telephones and other communications; and press rates for information to the press and radio.
Article 6 - Privileges and Immunities of Officials of the PCA and PCA Adjudicators
(2) Notwithstanding the preceding paragraph, the privileges and immunities accorded by the Government to all Officials of the PCA and PCA Adjudicators shall in no event include less than:
(b) immunity from legal process of every kind in respect of words spoken or written and acts done by them in the course of the discharge of their duties in connection with the PCA; such immunity shall continue to be accorded even after the person has ceased to exercise his or her functions in connection with the PCA;
(d) the same privileges and facilities in respect of currency and exchange as are accorded to the officials of the United Nations in Viet Nam;
(f) exemption from taxation on any fees, salaries, and emoluments paid to them by the PCA;
(h) together with the members of their families living with them into a household, the same privileges in respect of entry and procedures to register residence for foreigners as the officials of the United Nations in Viet Nam;
(j) the same right to import free of duty their furniture and effects at the time of first taking up their post in the Socialist Republic of Viet Nam as the officials of the United Nations in Viet Nam.
(3) Officials of the PCA or PCA Adjudicators who are Vietnamese nationals or permanent residents shall be entitled only to the immunities spelt out in paragraphs (2)(a) and (b) of this Article.
Personnel of the Government shall enjoy immunity from legal process in respect of words spoken or written and any act performed by them in their official capacity in connection with the work of the PCA. Such immunity shall continue to be accorded even after the person has ceased to exercise his or her functions in connection with the PCA.
(1) During the period of their missions, Participants in Proceedings- shall be accorded the following privileges and immunities necessary for the independent exercise of their functions:
(b) immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the course of their participation in PCA Proceedings. This immunity shall continue to be accorded even after the person has ceased to participate in PCA Proceedings;
(d) the right to receive papers or correspondence by courier or in sealed bags; and
(2) Participants in Proceedings who are Vietnamese nationals or permanent residents shall only be entitled to the immunities spelt out in paragraph 1(b) of this Article.
(1) Officials of the PCA and PCA Adjudicators shall be entitled to privileges and immunities from the moment when they enter the Socialist Republic of Viet Nam to conduct their official duties or when the Government is informed by the PCA of the list of Officials of the PCA and PCA Adjudicators appointed to conduct their official duties in the Socialist Republic of Viet Nam if they are present in the Socialist Republic of Viet Nam, and such privileges and immunities shall cease at the moment when the Officials of the PCA and PCA Adjudicators leave the Socialist Republic of Viet Nam or when they have completed their official duties if they are nationals or permanent residents of Viet Nam, except as otherwise provided in this Agreement. The PCA shall inform the Government of the list of Officials of the PCA and PCA Adjudicators appointed to conduct their official duties in the Socialist Republic of Viet Nam, the members of their families living with them into a household, their arrival and final departure.
(3) When personnel of the Government are assigned to assist in the conduct of PCA Proceedings in the Socialist Republic of Viet Nam, they shall enjoy immunities under this Agreement from the moment of their assignment.
(5) Whenever a determination is required as to whether a person enjoys status under this agreement entitling him or her to privileges and immunities, or of whether words or acts are connected to the discharge of that person’s official duties, such determination shall be made by the competent authority.
(7) For the purposes of this Article, the competent authority shall be:
(b) in the case of the Secretary-General, the Administrative Council of the PCA;
(d) in the case of Participants in Proceedings representing or designated by a State which is a party to the relevant PCA Proceedings, that State; and
Article 10- Abuse of Privileges and Immunities
(2) The Secretary-General shall take every precaution to ensure that no abuse of the privileges and immunities provided for in Articles 6 to 8 of this Agreement shall occur. If the Government considers that there has been abuse of a privilege or immunity provided for in Articles 6 to 8 of this Agreement, the Secretary-General shall, when so requested, enter into consultations with the relevant authorities of the Socialist Republic of Viet Nam to determine whether such abuse has occurred. If the consultations fail to achieve a result satisfactory to the Government and to the Secretary-General, the matter shall be resolved according to the procedures established in Article 15 of this Agreement.
(a) in the case of persons entitled to privileges and immunities as well as exemptions and facilities under Article 6, they shall not be required to leave the Socialist Republic of Viet Nam otherwise than according to the diplomatic procedure applicable to diplomatic envoys accredited to the Socialist Republic of Viet Nam; and
(4) Paragraph (3) of this Article does not apply to persons who are nationals or permanent residents of Viet Nam.
(1) The Government shall take all appropriate steps to protect PCA Proceedings and Meetings conducted in the Socialist Republic of Viet Nam. The Appropriate Authorities shall ensure the security and tranquility of PCA Proceedings and Meetings and protect against any intrusion, disturbance of the peace, or impairment of the dignity of PCA Proceedings and Meetings. As may be required for the purpose, the Appropriate Authorities shall provide adequate physical protection on the boundaries and in the vicinity of any office or meeting space provided to the PCA. In all cases, security arrangements shall be made in consultation with the Secretary-General or an Official of the PCA designated as his representative.
Article 12 - Entry into Host Country and Facilitation of Travel
(2) The Government shall take all reasonable measures to ensure that any visas which may be required for any of the persons referred to in paragraph 1 are issued as promptly as possible, and without charge, in order to allow the timely conduct of official business pertaining to the PCA.
(4) Subject to its laws and regulations concerning zones into which entry is prohibited or regulated for reasons of national security, the Government shall ensure freedom of movement and travel in its territory to the persons referred to in paragraph 1. As may be required for the purpose, to be determined in consultation with the Secretary-General or an Official of the PCA designated as his representative, the Government shall make available appropriate transportation to enable such persons to attend any PCA Proceeding or Meeting.
The Government recognizes the importance of regional cooperation for the effective settlement of international and regional disputes. The Government shall therefore communicate the existence of the facilities designated pursuant to this Agreement to the competent officials in other countries of the same region and encourage their use for PCA Proceedings.
The Government shall not incur any international responsibility for acts or omissions of the PCA or of Officials of the PCA acting or abstaining from acting within the scope of their functions, other than the International responsibility that may arise from the fact that the Socialist Republic of Viet Nam is a Contracting Party to the 1899 and 1907 Conventions.
(1) Any dispute among the Parties to the present Agreement that is not settled by negotiation shall be settled by final and binding arbitration in accordance with the Permanent Court of Arbitration-Optional Rules for Arbitration Involving International Organizations and States (the “Rules”), as in force on the date of signature of this Agreement. The number of arbitrators shall be one. The appointing authority shall be the President of the International Court of Justice.
(2) At the request of the Government or the PCA, consultations shall be entered into with respect to the modification of the present Agreement. Any such modifications shall be made by consent of both Parties to the Agreement.
(a) by mutual consent of the PCA and the Government; or
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this Agreement.
FOR THE GOVERNMENT OF | FOR THE PERMANENT COURT |
Từ khóa: Điều ước quốc tế 42/2014/TB-LPQT, Điều ước quốc tế số 42/2014/TB-LPQT, Điều ước quốc tế 42/2014/TB-LPQT của Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Tòa Trọng tài thường trực, Điều ước quốc tế số 42/2014/TB-LPQT của Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Tòa Trọng tài thường trực, Điều ước quốc tế 42 2014 TB LPQT của Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Tòa Trọng tài thường trực, 42/2014/TB-LPQT
File gốc của Thông báo hiệu lực của Hiệp định Nước chủ nhà giữa Việt Nam và Tòa Trọng tài thường trực đang được cập nhật.
Thông báo hiệu lực của Hiệp định Nước chủ nhà giữa Việt Nam và Tòa Trọng tài thường trực
Tóm tắt
Cơ quan ban hành | Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Tòa Trọng tài thường trực |
Số hiệu | 42/2014/TB-LPQT |
Loại văn bản | Điều ước quốc tế |
Người ký | Hồ Xuân Sơn, Hugo H. Siblesz |
Ngày ban hành | 2014-06-23 |
Ngày hiệu lực | 2014-06-23 |
Lĩnh vực | Hành chính |
Tình trạng | Còn hiệu lực |