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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

GRANT NUMBER 0781-VIE(EF)

GRANT AGREEMENT
(Externally Financed)

(COVID-19 Relief for Women-led Small and Medium-Sized Enterprises Project)

between

GOVERNMENT OF SOCIALIST REPUBLIC OF VIET NAM

and

ASIAN DEVELOPMENT BANK

DATED 22 December, 2020

VIE 54233

GRANT AGREEMENT
(Externally Financed)

(A) the Recipient has applied to the Women's Entrepreneurs Finance initiative ("We-Fi") for a grant, to be administered by ADB, for the purposes of the Project described In Schedule 1 to this Grant Agreement;

NOW THEREFORE the parties agree as follows:

ARTICLE I

Grant Regulations; Definitions

"Project Agreement" means the project agreement of even date herewith between ADB, and Asia Commercial Joint Stock Bank, Joint Stock Commercial Bank for Investment and Development of Vietnam, Sai Gon-Ha Noi Commercial Joint Stock Bank, Tien Phong Commercial Joint Stock Bank and Viet Nam Prosperity Joint Stock Commercial Bank, as such agreement may be amended from time to time; and such project agreement includes all schedules to the Project Agreement;

(a) "Loan Disbursement Handbook" means ADB's Loan Disbursement Handbook (2017, as amended from time to time);

ARTICLE II

The Grant

ARTICLE III

Use of Proceeds of the Grant

Section 3.02. The proceeds of the Grant shall be allocated and withdrawn in accordance with the provisions of Schedule 2 to this Grant Agreement, as such Schedule may be amended from time to time by agreement between the Recipient and ADB.

ARTICLE IV

Particular Covenants

Section 4.02. (a) The Recipient shall cause the Participating Banks to (i) maintain separate accounts and records for the Project; (ii) prepare annual financial statements for the Project in accordance with financial reporting standards acceptable to ADB: (iii) have such financial statements audited annually by independent auditors whose qualifications, experience and terms of reference are acceptable to ADB, in accordance with auditing standards acceptable to ADB; (iv) as part of each such audit, have the auditors prepare a report, which includes the auditors' opinion (s) on the financial statements and the use of the Grant proceeds, and a managemenl letter (which sets out the deficiencies in the internal control of the Project that were identified in the course of the audit, if any); and (v) furnish to ADB, no later than 6 months after the end of each related fiscal year, copies of such audited financial statements, audit report and management letter, all in the English language, and such other information concerning these documents and the audit thereof as ADB shall from time to time reasonably request.

(c) The Recipient shall cause the Participating Banks to enable ADB, upon ADB's request, to discuss the financial statements for the Project and the Recipient's financial affairs where they relate to the Project with the auditors appointed pursuant to subsection (a)(iii) hereinabove, and shall authorize and require any representative of such auditors to participate in any such discussions requested by ADB. This is provided that such discussions shall be conducted only in the presence of an authorised officer of the concerned Participating Banks, unless the concerned Participating Banks shall otherwise agree.

Section 4.04. The Recipient shall take all actions which shall be necessary on its part to enable the Participating Banks to perform their obligations under the project Agreement, and shall not take or permit any action which would interfere with the performance of such obligations.

(b) No rights or obligations under the Memorandum of Agreement shall be assigned, amended, or waived without the prior concurrence of ADB.

ARTICLE V

Suspension

ARTICLE VI

Effectiveness

ARTICLE VII

Termination

ARTICLE VIII

Miscellaneous

Section 8.02. The following addresses are specified for the purposes of Section 11.01 of the Grant Regulations:

State Bank of Viet Nam
47- 49 Ly Thai To
Hanoi, Viet Nam

(84-24) 38250-612
(84-24) 38258-385

Aston Development Bank
6 ADB Avenue
Mandaluyong City
1550 Metro Manila
Philippines

(632) 8636-2444
(632) 8636-2228.

SCHEDULE 1

Description of the Project

2. The Project shall comprise the following output.

3. The Project is expected to be completed by 31 December 2022.

SCHEDULE 2

Allocation and Withdrawal of Grant Proceeds

1. The table attached to this Schedule sets forth the Categories of items of expenditure to be financed out of the proceeds of the Grant and the allocation of the Grant proceeds to each such Category ("Table"). (Reference to "Category" In this Schedule is to a Category of the Table.)

2. Except as ADB may otherwise agree, the proceeds of the Grant shall be allocated to items of expenditure, and disbursed on the basis of the withdrawal percentage tor each item of expenditure, as set forth in the Table.

3. Except as ADB may otherwise agree, the Grant proceeds shall be disbursed in accordance with the Loan Disbursement Handbook.

4. Withdrawals front the Grant Account may be made to finance eligible expenditures incurred under the Project before the Effective Date, but not earlier than 1 month before the date of this Grant Agreement in connection with the Project expenditure, subject to a maximum amount equivalent to 20% of the Grant amount.

5. Notwithstanding any other provision of this Grant Agreement, no withdrawats shall be made from the Grant Account for a Participating Bank, until the Memorandum of Agreement, in a form and substance acceptable to ADB, shall have been duly executed and delivered on behalf of SBV and such Participating Bank, and are fully effective and legally binding upon SBV and the Participating Bank in accordance with its terms.

Attachment to Schedule 2

TABLE