BỘ NGOẠI GIAO | CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
Số: 46/2015/TB-LPQT | Hà Nội, ngày 22 tháng 9 năm 2015 |
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Công hàm trao đổi giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Nhật Bản về việc Chính phủ Nhật Bản cung cấp khoản ODA vốn vay cho Chính phủ Việt Nam tài khóa 2014 cho 06 chương trình/dự án với tổng giá trị 97.414 tỷ Yên, ký tại Hà Nội ngày 31 tháng 3 năm 2015, có hiệu lực kể từ ngày 31 tháng 3 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
EMBASSY OF JAPAN
HANOI
Hanoi March 31, 2015
I have the honour to confirm the following understanding recently reached between the representatives of the Government of Japan and of the Government of the Socialist Republic of Viet Nam concerning a Japanese loan to be extended with a view to promoting the economic stabilization and development efforts of the Socialist Republic of Viet Nam:
2. (1) The Loan will be made available by loan agreements to be concluded between the Government of the Socialist Republic of Viet Nam and JICA. The terms and conditions of the Loan as well as the procedures for its utilization will be governed by the said loan agreements, within the scope of the present understanding, which will contain, inter alia, the rate of interest, the repayment period and the disbursement period enumerated respectively in Columns 3, 4 and 5 of the Annex attached hereto.
3. (1) The Loan will be made available to cover payments to be made by the Vietnamese executing agencies to suppliers, contractors and/or consultants of eligible source countries under such contracts as may be entered into between them for purchases of products and/or services required for the implementation of the Projects, provided that such purchases are made in such eligible source countries for products produced in and/or services supplied from those countries.
(3) A part of the Loan may be used to cover eligible local currency requirements for the implementation of the Projects.
5. With regard to the shipping and marine insurance of the products purchased under the Loan, the Government of the Socialist Republic of Viet Nam shall refrain from imposing any restrictions that may hinder fair and free competition among the shipping and marine insurance companies.
7. The Government of the Socialist Republic of Viet Nam shall exempt:
(b) Japanese companies operating as suppliers, contractors and/or consultants from all duties and related fiscal charges imposed in the Socialist Republic of Viet Nam with respect to the import and re-export of their own materials and equipment needed for the implementation of the Projects.
(a) ensure that the Loan be used properly and exclusively for the Projects;
(c) ensure that the facilities constructed under the Loan be maintained and used properly and effectively for the purpose prescribed in the present understanding.
(a) information and data concerning the progress of the implementation of the Projects; and
10. The two Governments shall consult with each other with respect to any matter that may arise from or in connection with the present understanding.
I have further the honour to propose that this Note and Your Excellency’s Note in reply confirming on behalf of the Government of the Socialist Republic of Viet Nam the foregoing understanding shall constitute an agreement between the two Governments, which shall enter into force on the date of Your Excellency’s Note in reply.
Hiroshi Fukada |
Column 1
Column 2
Column 3
Column 4
Column 5
Project
Maximum amount
Rate of interest
Repayment period
Disbursement period (after the effective date of the loan agreement)
9,873 million Yen
1.4%
twenty (20) years after the grace period of ten (10) years
eight (8) years
0.01%
31,328 million Yen
0.1%
thirty (30) years after the grace period of ten (10) years
nine (9) years
0.01%
29,786 million Yen
1.4%
twenty (20) years after the grace period of ten (10) years
seven (7) years
1,061 million Yen
0.01%
thirty (30) years after the grace period of ten (10) years
six (6) years
14,910 million Yen
1,4%
twenty (20) years after the grace period of ten (10) years
ten (10) years
0.01%
10,456 million Yen
0.3%
thirty (30) years after the grace period of ten (10) years
ten (10) years
0.01%
Total amount: 97,414 million Yen
(a) any services provided by a company of a country or region other than Japan which form a joint venture with a Japanese company will not be regarded as services provided by a Japanese company; and
4. With regard to sub-paragraph (3) of paragraph 3 of the Exchange of Notes concerning the financing of eligible local currency requirements for the implementation of the projects enumerated in Column 1 of the Annex attached to the Exchange of Notes (hereinafter referred to as “the Annex”), the representative of the Japanese Delegation stated that:
(b) the procurement of products and/or services will be made in accordance with the procedures of competitive bidding except where such procedures are inapplicable or inappropriate.
6. With regard to paragraph 8 of the Exchange of Notes, the representative of the Japanese Delegation stated that:
(b) the Government of the Socialist Republic of Viet Nam will take all necessary measures to enable and facilitate ex-post procurement audit to be carried out by independent auditors which the Japan International Cooperation Agency ( hereinafter referred to as “JICA”) will designate and to be paid at JICA’s expense, in order to ensure fairness and competitiveness of the procurement process, in case where JICA considers such audit to be necessary,
Bui Quang Vinh | Hiroshi Fukada |
1. With regard to sub-paragraph (1) of paragraph 3 of the Exchange of Notes, paragraphs 1 and 2 of Japanese Note Verbale No. 22/2015 dated March 31, 2015, and Vietnamese Note Verbale No. 1785/BKHĐT-KTĐN dated March 31, 2015, it was a shared view of the two Delegations that:
(b) consultants of eligible source countries mean nationals of eligible source countries or juridical persons controlled by nationals of those countries;
(d) notwithstanding sub-paragraph (a) above, in cases where a subsidiary incorporated in a country or region other than Japan is included in the scope of consolidation and factored into the aggregated accounting figure of a consolidated financial statement of a Japanese company made in accordance with the Financial Instruments and Exchange Law (Law No. 25 of 1948) of Japan and the related ministerial ordinances, such a subsidiary will be regarded as a Japanese supplier or contractor.
(1) products procured from a Vietnamese manufacturing company invested in by one or more Japanese companies will be regarded as products procured from Japan, if they meet the following:
(b) the proportion of the shares held by the Japanese company mentioned in (a) above (or the company having the largest share among Japanese companies if more than one Japanese company meet the condition stated in (a) above) is the same as or greater than that of the shares held by any company of a third country or region.
(3) products procured from a manufacturing company invested in by one or more Japanese companies and located in one of the developing countries and territories listed in the List of Recipients of Official Development Assistance approved by the Development Assistance Committee of the Organization for Economic Co-operation and Development other than the Socialist Republic of Viet Nam, will be regarded as products procured from Japan, if they meet the following:
(b) the proportion of the shares held by the Japanese company mentioned in (a) above is the same as or greater than that of the shares held by any company of a country or region other than Japan and the country or the territory where the manufacturing company is located.
EMBASSY OF JAPAN
HANOI
No.J.D.22/2015
The Embassy has further the honour to propose that the scope of eligible source countries mentioned in the said sub paragraph will be as follows:
2. Notwithstanding paragraph 1 above, the eligible source country for the project mentioned in 2 of the Column 1 of the Annex attached to the Exchange of Notes (hereinafter referred to as “the Project”) is Japan.
4. Notwithstanding paragraph 2 above, consulting services partly supplied by consultants of countries other than Japan will be eligible for financing under the loan for the Project if the nationality of prime contractor (s) of the said consulting services is Japan.
Hanoi, March 31, 2015
MINISTRY OF PLANNING AND INVESTMENT OF SOCIALIST REPUBLIC OF VIET NAM |
Hanoi, March 31, 2015 |
I have the honour to acknowledge the receipt of Your Excellency’s Note of today’s date, which reads as follows:
1. A loan in Japanese yen up to the amount of ninety- seven billion four hundred and fourteen million yen (¥97,414,000,000) (hereinafter referred to as “the Loan”) will be extended, in accordance with the relevant laws and regulations of Japan, to the Government of the Socialist Republic of Viet Nam by the Japan International Cooperation Agency (hereinafter referred to as “JICA”) for the purpose of implementing the projects enumerated in Column 1 of the Annex attached hereto (hereinafter referred to as “the Projects”) according to the allocation for each project as specified in Column 2 of the Annex attached hereto.
(3) The respective disbursement periods enumerated in Column 5 of the Annex attached hereto may be extended with the consent of the authorities concerned of the two Governments.
(2) The scope of.eligible source countries mentioned in sub-paragraph (1) above shall be agreed upon between the authorities concerned of the two Governments.
4. The Government of the Socialist Republic of Viet Nam shall ensure that the products and/or services mentioned in sub-paragraph (1) of paragraph 3 are procured in accordance with the guidelines for procurement of JICA, which set forth, inter alia, the procedures of international competitive bidding to be followed except where such procedures are inapplicable or inappropriate.
6. Japanese nationals whose services may be required in the Socialist Republic of Viet Nam in connection with the supply of the products and/or services mentioned in sub-paragraph (1) of paragraph 3 shall be accorded such facilities as may be necessary for their entry into the Socialist Republic of Viet Nam and stay therein for the performance of their work.
(a) JICA from all fiscal levies and taxes imposed in the Socialist Republic of Viet Nam on and/or in connection with the Loan as well as interest accruing therefrom; and
8. The Government of the Socialist Republic of Viet Nam shall take necessary measures to:
(b) ensure and maintain the safety of persons engaged in the implementation of the Projects and of the general public of the Socialist Republic of Viet Nam in constructing the facilities under the Loan and in using such facilities; and
9. While ensuring fair treatment of sources of information and data, the Government of the Socialist Republic of Viet Nam shall, upon request, furnish the Government of Japan and JICA with:
(b) any other information, including information on corrupt practice, related to the Projects.
11. The Annex attached hereto shall form an integral part of the present Note.
I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.”
I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.
Bui Quang Vinh
Minister of Planning and Investment of the Socialist Republic of Viet nam
1. With regard to sub-paragraph (1) of paragraph 3 of the Exchange of Notes, paragraphs 1 and 2 of Japanese Note Verbale No. 22/2015 dated March 31, 2015, and Vietnamese Note Verbale No.1785/BKHĐT-KTĐN dated March 31, 2015, it was a shared view of the two Delegations that:
(b) consultants of eligible source countries mean nationals of eligible source countries or juridical persons controlled by nationals of those countries;
(d) notwithstanding sub-paragraph (a) above, in cases where a subsidiary incorporated in a country or region other than Japan is included in the scope of consolidation and factored into the aggregated accounting figure of a consolidated financial statement of a Japanese company made in accordance with the Financial Instruments and Exchange Law (Law No. 25 of 1948) of Japan and the related ministerial ordinances, such a subsidiary will be regarded as a Japanese supplier or contractor.
(1) products procured from a Vietnamese manufacturing company invested in by one or more Japanese companies will be regarded as products procured from Japan, if they meet the following:
(b) the proportion of the shares held by the Japanese company mentioned in (a) above (or the company having the largest share among Japanese companies if .more than one Japanese company meet the condition stated in (a) above) is the same as or greater than that of the shares held by any company of a third country or region.
(3) products procured from a manufacturing company invested in by one or more Japanese companies and located in one of the developing countries and territories listed in the List of Recipients of Official Development Assistance approved by the Development Assistance Committee of the Organization for Economic Co-operation and Development other than the Socialist Republic of Viet Nam, will be regarded as products procured from Japan, if they meet the following:
(b) the proportion of the shares held by the Japanese company mentioned in (a) above is the same as or greater than that of the shares held by any company of a country or region other than Japan and the country or the territory where the manufacturing company is located.
(a) any services provided by a company of a country or region other than Japan which form a joint venture with a Japanese company will not be regarded as services provided by a Japanese company; and
4. With regard to sub-paragraph (3) of paragraph 3 of the Exchange of Notes concerning the financing of eligible local currency requirements for the implementation of the projects enumerated in Column 1 of the Annex attached to the Exchange of Notes (hereinafter referred to as “the Annex”), the representative of the Japanese Delegation stated that:
(b) the procurement of products and/or services will be made in accordance with the procedures of competitive bidding except where such procedures are inapplicable or inappropriate.
6. With regard to paragraph 8 of the Exchange of Notes, the representative of the Japanese Delegation stated that:
(b) the Government of the Socialist Republic of Viet Nam will take all necessary measures to enable and facilitate ex-post procurement audit to be carried out by independent auditors which the Japan International Cooperation Agency (hereinafter referred to as “JICA”) will designate and to be paid at JICA’s expense, in order to ensure fairness and competitiveness of the procurement process, in case where JICA considers such audit to be necessary.
Hiroshi Fukada | Bui Quang Vinh |
Từ khóa: Điều ước quốc tế 46/2015/TB-LPQT, Điều ước quốc tế số 46/2015/TB-LPQT, Điều ước quốc tế 46/2015/TB-LPQT của Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Chính phủ Nhật Bản, Điều ước quốc tế số 46/2015/TB-LPQT của Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Chính phủ Nhật Bản, Điều ước quốc tế 46 2015 TB LPQT của Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Chính phủ Nhật Bản, 46/2015/TB-LPQT
File gốc của Thông báo 46/2015/TB-LPQT về hiệu lực của Công hàm trao đổi giữa Việt Nam – Nhật Bản cung cấp khoản ODA vốn vay cho Việt Nam tài khóa 2014 cho 06 chương trình/ dự án với tổng giá trị 97.414 tỷ Yên đang được cập nhật.
Thông báo 46/2015/TB-LPQT về hiệu lực của Công hàm trao đổi giữa Việt Nam – Nhật Bản cung cấp khoản ODA vốn vay cho Việt Nam tài khóa 2014 cho 06 chương trình/ dự án với tổng giá trị 97.414 tỷ Yên
Tóm tắt
Cơ quan ban hành | Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Chính phủ Nhật Bản |
Số hiệu | 46/2015/TB-LPQT |
Loại văn bản | Điều ước quốc tế |
Người ký | Bùi Quang Vinh, Hiroshi Fukada |
Ngày ban hành | 2015-03-31 |
Ngày hiệu lực | 2015-03-31 |
Lĩnh vực | Lĩnh vực khác |
Tình trạng | Còn hiệu lực |