BỘ NGOẠI GIAO | CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
Số: 51/2015/TB-LPQT | Hà Nội, ngày 08 tháng 10 năm 2015 |
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Hiệp định tài trợ cho Dự án “Thích ứng biến đổi khí hậu khu vực Đồng bằng sông Cửu Long tại các tỉnh Bến Tre và Trà Vinh” giữa nước Cộng hòa xã hội chủ nghĩa Việt Nam và Quỹ Quốc tế về phát triển nông nghiệp (IFAD), ký tại Rô-ma ngày 28 tháng 3 năm 2014, có hiệu lực kể từ ngày 28 tháng 3 năm 2014.
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
IFAD LOAN NO. 2000000433
ASAP GRANT NO. 2000000434
FINANCING AGREEMENT
Adaptation to Climate Change in the Mekong Delta in Ben Tre and Tra Vinh Provinces (AMD)
between the
SOCIALIST REPUBLIC OF VIET NAM
and the
INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
and the
ADAPTATION FOR SMALLHOLDER AGRICULTURE PROGRAMME TRUST FUND
Signed in Rome, Italy
on 28 March 2014
ASAP Grant Number: 2000000434
The International Fund for Agricultural Development (the "Fund" or "IFAD")
The Adaptation for Smallholder Agriculture Programme Trust Fund (the "ASAP Trust Fund”)
WHEREAS, on the basis of the above and other considerations, IFAD and the ASAP Trust Fund have agreed to extend a loan and a grant to the Borrower/Recipient for the purpose of financing the Project, on the terms and conditions set forth in this Agreement;
2. The Fund's General Conditions for Agricultural Development Financing dated 29 April 2009, as amended by the Executive Board at its 108th session (the "General Conditions") are annexed to this Agreement, and all provisions thereof shall apply to this Agreement. For the purposes of this Agreement the terms defined in the General Conditions shall have the meanings set forth therein. The term "Loan" in the General Conditions shall apply equally to the IFAD Loan and the Grant.
1. (a) The amount of the IFAD Loan is fourteen million three hundred and fifty thousand Special Drawing Rights (14 350 000 SDR).
2. The Loan is provided on highly concessional terms as defined in Section 5.01 (a) of the General Conditions.
4. The Borrower/Recipient shall repay the outstanding principal amount of the IFAD Loan in 59 equal semi-annual instalments of SDR 239 167 payable on each 15 June and 15 December, commencing on 15 December 2023 and ending on 15 December 2052, and one final instalment in the amount of SDR 239 147 payable on 15 June 2053. The service charge shall also be payable on each 15 June and 15 December.
6. Withdrawals from the IFAD Loan and Grant Accounts shall be made in conformity with the procedures established by the Fund in accordance with Section 4.04 of the General Conditions.
8. The Borrower/Recipient shall cause the Lead Implementing Agencies to provide counterpart financing for the Project, The counterpart financing to be provided shall amount to approximately three million seven hundred and eighty thousand United States dollars (USD 3.78 million) for each Province. Government's funds shall be channelled Into a separate account. For each Province the beneficiaries' contribution shall amount to approximately three million eight hundred and eighty thousand United States dollars (USD 3.88 million).
1. The Borrower/Recipient designates the respective Provincial People's Committee (PPC) of the Ben Tre and Tra Vinh Provinces who shall be the Lead Implementing Agencies responsible for the execution of the Project in each Province.
(a) The line agencies responsible for the implementation of Project activities such as the Department of Planning and Investment (DPI), the Department of Agriculture and Rural Development (DARD) and the Department of Natural Resource and Environment (DONRE) of the respective PPCs;
(c) Any other entity responsible for the implementation of the Project, as identified in this Agreement or in the Project Implementation Manual (PIM), or as may be agreed upon by the Borrower/Recipient and the Fund.
2. The following are designated as additional general conditions precedent to withdrawal:
(b) A draft PIM for each Province shall have been prepared by each PCU and the Fund has given its non-objection;
(d) The Project Directors and Chief Financial Officer/Chief Accountants of each PCU shall have been duly appointed;
(f) The DAs shall have been duly opened and the authorized signatories shall have been submitted to the Fund; and
3. No disbursement shall be made in respect of expenditures under the Category V (Credit, Guaranteed Funds), until the draft written arrangement with the Women's Union of each Province of the Project Area referred to in paragraph 2,1, Section II.B of Schedule 1 hereto has been sent to the Fund and the Fund has provided its non-objection.
For the Borrower/Recipient:
Copy to:
Provincial People's Committee of Tra Vinh
Tra Vinh Province
Socialist Republic of Viet Nam
The President
International Fund for Agricultural Development
Via Paolo di Dono, 44
00142 Rome, Italy
The President of the International Fund for Agricultural Development
in its capacity as Trustee of the Adaptation for Smallholder
Agriculture Programme Trust Fund
International Fund for Agricultural Development
Via Paolo di Dono, 44
00142 Rome, Italy
Ambassador Extraordinary and Plenipotentiary of the Socialist Republic of Viet Nam to Italy
President
President of the International Fund for Agricultural Development in its capacity as Trustee of the Adaptation for Smallholder Agriculture Programme Trust Fund
Project Description and Implementation Arrangements
I. Project Description
2. Goal. The Goal of the Project is the achievement of sustainable livelihoods for the rural poor in a changing environment.
4. Components. The Project shall consist of the three following Components.
Sub-component 1.1. Climate change knowledge enhancement
(a) Building an evidence base for adaptation. The Project will support: the identification of a core set of climate adaptation research topics through Participatory Action Research (PAR) and through an applied research programme deployed along a salinity gradient; the development of PAR processes to monitor, evaluate and promote appropriate endogenous adaptation responses being practiced by farmers and aquaculture producers; the promotion of resilience building measures identified by communities and sub-sector experts and the evaluation of climate adaptation technologies and approaches that show potential for scaling-up.
(c) Knowledge management and dissemination. Activities related to knowledge management and dissemination include: the development of a knowledge sharing programme; the formation and operation of an inter-provincial thematic ad hoc group on climate change adaptation; the organization of inter-provincial end-user/stakeholder groups for specific production models and research; the systematization of knowledge outputs in formats readily accessible to different audiences; training of trainers including common interest group leaders for the replication and scaling-up of successful technologies and approaches and the dissemination of results through farmer-to-farmer extension through trained community interest groups leaders, learning events, field visits and study tours and presentations of results at national and regional conferences and events.
This sub-component shall be achieved through: (a) Community-based adaptation and disaster risk management planning; and (b) Climate-informed socio-economic development plan (SEDP) and policy development.
(b) Climate-informed socio-economic development plan (SEDP) and policy development. The Project will support the following activities: integration of climate-adapted farming systems and value Chain development planning into an enhanced, climate-informed market-oriented SEDP for each Province of the Project Area; capacity-building at commune, district and provincial levels for climate-informed SEDP planning and Integration of climate change concerns Into Provincial five-year SEDPs.
Sub-component 2.1. Rural finance for resilient livelihoods
(a) Establishment of new Savings and Credit Groups (SCG), The Project shall support the establishment of new women's SCGs. SCG membership will focus on poor and near-poor households with particular emphasis on the inclusion of the women-headed and ethnic minority households.
(c) Leveraging capital for adaptation and value chain investment. Activities financed by the Project shall include: the organization of Provincial Agro-Finance workshops to bring key local and regional financiers, agro-enterprises, donors, and producers' representatives together to share information on various types of financing options for value chain participants in the Province.
This sub-component shall be achieved through the following activities: (a) Community infrastructure for climate change adaptation; (b) Co-financing for climate change adaptation; and (c) Public-Private Partnership (PPP) Facility.
(b) Co-financing for climate change adaptation shall support households to invest in production systems adapted to climate change impacts such as inter alia; energy efficient farm equipment and renewable energy technologies that sustainably increase household incomes to meet the costs of shifting from annual to perennial cropping systems or other climate resilient livelihoods.
4.3. Component 3 Project Management. The Project shall support the establishment of PCUs at provincial level as well as the organization and management structure as outlined in Section II below.
II. Implementation Arrangements
1. Lead Implementing Project Agencies
2. Project steering Committees (PSCs)
2.2. Responsibilities. Each PSC shall be responsible for the strategic management of the Project, and shall provide advice on overall coordination, orientation and mobilization of resources. Key decisions under the PPCs' authority shall be endorsed by PSCs before submission to the PPCs. The PSC shall meet at least once a year and as often as required and the PCU Project Director shall act as secretary of the PSC.
3.1. Establishment. A PCU shall be established in each Province of the Project Area by each respective PPC. The PCU shall assist the PSC in coordination of the provincial agencies and in management of Project financial resources.
3.3. Responsibilities. The PCU shall report directly to the PPC and shall be responsible for the following tasks: (a) ensure coherence of the Project approaches and strategies as well as the coordination and synergy amongst Project Parties; (b) mobilize resources; (c) the procurement and contracting for Project activities; (d) financial reporting and preparation of annual work plans and budget Inclusive of the procurement plan; (e) preparation of the PIM; (f) Monitoring and Evaluation (M&E) system and other functions of the operational and financial management of the Project; (g) management of the PPP Facility in accordance with the criteria defined in the PIM; (h) approval of the community infrastructure proposals under sub-component 2.2 (a) In accordance with the criteria defined in the PIM.
Responsibilities. The CCCO established in the Ben Tre Province shall be strengthened and one CCCO shall be established in the Tra Vinh Province by the Tra Vinh PPC. The CCCOs shall act as secretariats to the PCCSC and shall be responsible for climate change planning and policy development for equipping the PPC to engage in evidence based policy discussions at both Mekong Delta and national levels.
1. Component 1: Building Adaptive Capacity
2. Component 2: Investment in Sustainable Livelihoods
2.2. Community infrastructure for climate change adaptation and disaster risk reduction. Community infrastructure investments proposals shall be selected by Communes People's Committees through the annual SEDP process with the support of the PCUs, district line agencies and technical assistance if required. In accordance with the modalities described in the PIM, the PCU shall approve each proposal including the procurement method.
2.4. Public-Private Partnership (PPP) Facility. The PCUs shall have the responsibility to implement the Facility in accordance with the criteria defined in the PIM. Each proposal shall be accompanied with an acceptable business model and financial analysis. Selected proposals shall be approved by the PSC and PPC of the concerned Province. The PCU shall enter into a grant agreement with each beneficiary in accordance with the small grant agreement model contained in the PIM.
The implementation of the Project activities shall rest with the PCUs guided by the PSCs and the PPCs. This shall include inter alia entering into arrangements with Women's Unions, line agencies and contracting partners as appropriate.
1. Inter-provincial coordination. Inter-provincial meetings shall be held as required to enable cooperation of climate change adaptation policies and investments, identification of shared technical assistance providers, inter-provincial value chain planning and implementation, mutual training among similar staff positions and exchange visits/workshops for regional replication and up-scaling.
3. Project Implementation Manual (PIM). The Borrower/Recipient shall request the PCUs to prepare a consolidated draft PIM acceptable to the Fund. The PIM may be amended or otherwise modified from time to time only with the prior consent of the Fund. The draft PIM shall include, among other things:
(b) A model written arrangement and/or agreement to be concluded with each Project Party which shall provide inter alia; the role and implementation responsibilities of the Project Party, the channelling of Project funds and the reporting of information related to the implementation of the Project activities;
(d) The eligibility and selection criteria for the proposals to be financed under the Public Infrastructure Investment grants shall be detailed in a competitive small grants manual which shall form an integral part of the PIM;
(f) The eligibility and selection criteria as well as the operational modalities of the PPP Facility;
(h) M&E system and procedures.
Category
Loan Amount Allocated (expressed in SDR)
Grant Amount Allocated (expressed in SDR)
Loan Amount Allocated (expressed in SDR)
Grant Amount Allocated (expressed in SDR)
Percentage of total expenditures
Ben Tre
Ben Tre
Tra Vinh
Tra Vinh
1 330 000
1 340 000
100% net of taxes, Government and beneficiaries’ contributions
260 000
300 000
260 000
300 000
100% net of taxes
430 000
1 010 000
430 000
1 010 000
100% net of taxes
800 000
1 610 000
870 000
1 610 000
100% net of taxes
1 050 000
1 050 000
100% net of taxes
1 010 000
440 000
1 020 000
440 000
70% for IFAD Loan and 30% for IFAD Grant of total cost net of taxes and beneficiaries' contributions
580 000
590 000
100% net of beneficiaries' contribution
380 000
140 000
350 000
140 000
100% net of taxes
560 000
-
640 000
30 000
40% of total cost
700 000
390 000
700 000
400 000
7 100 000
3 890 000
7 250 000
3 930 000
22 170 000
(ii) IFAD Loan will finance 100% net of taxes (approximately thirty-one thousand United States dollars (USD 31 000) for each Province) for the PCU office rehabilitation, equipment/material and M&E under Component 3.
(IV) Construction works for establishing shrimp seed evaluation and certification centre under Component 2 shall be financed by IFAD Loan 100%.
(ii) Equipment and material under Component 2 and Component 3 which shall be financed by IFAD Loan 100% net of taxes.
"Consultancies" under Category III, shall mean eligible expenditures incurred related to:
(ii) Except for "Consultancies" financed by the ASAP Grant, all other technical assistance, research and studies shall be financed by the IFAD Loan.
(ii) All other trainings, workshops activities shall be financed by the IFAD Loan.
GENERAL CONDITIONS FOR AGRICULTURAL DEVELOPMENT FINANCING
(as amended September 2010ARTICLE I - APPLICATION
(a) These General Conditions apply to all Financing Agreements (as such term is defined in Section 2.01). They apply to other agreements only if an agreement expressly so provides.
ARTICLE II - DEFINITIONS
The following terms have the following meanings wherever used in these General Conditions:
“Collusive practice” means an arrangement between two or more parties designed to achieve an improper purpose, including influencing improperly the actions of another party.
"Cooperation Agreement" means an agreement or agreements between the Fund and a Cooperating Institution by which a Cooperating Institution agrees to act as such.
“Currency" of a State or a territory means the currency that is legal tender for the payment of public and private debts in such State or territory.
“Fiscal Year” means the twelve-month period designated as such in an Agreement.
“Fund" means the International Fund for Agricultural Development.
"Grant Account" means the account in the books of the Fund opened in the name of the Recipient to which the amount of the Grant is credited.
“Guarantor" means any Member State designated as such in a Guarantee Agreement.
“IFAD Reference Interest Rate” means the rate determined periodically by the Fund as its reference rate for the computation of interest on its Loans.
“Loan” means a loan extended by the Fund to the Borrower pursuant to a Financing Agreement.
“Loan Service Payment" means any payment required or permitted to be made by the Borrower or the Guarantor to the Fund under a Financing Agreement, including (but not limited to) any payment of the principal of, or interest or service charge on any Loan.
“Pound sterling” or “GBP” means the currency of the United Kingdom of Great Britain and Northern Ireland.
“Project Account’’ means an account for Project operations as described in Section 7.02(b).
“Project Year" means (i) the period beginning on the date of entry into force of an Agreement and ending on the last day of the then-current Fiscal Year, and (ii) each period thereafter beginning on the first day of the Fiscal Year and ending on the last day thereof, provided, however, that if the date of entry into force of the Agreement falls after the midpoint of the Fiscal Year, Project Year 1 shall continue through the following Fiscal Year.
“SDR Equivalent” means, with respect to any amount expressed in any currency at the time of determination, the equivalent of such amount in SDR, as determined by the Fund in accordance with Article 5.2(b) of the Agreement Establishing IFAD.
“Taxes" means all imposts, levies, fees, tariffs and duties of any kind imposed, levied, collected, withheld or assessed by or in the territory of the Project Member State at any time.
“Value Date” means, in respect of any withdrawal from the Loan Account, the date on which such withdrawal is deemed made in accordance with Section 4.06 and, in respect of any Loan Service Payment,, the date on which such Loan Service Payment is deemed made in accordance with Section 5.04.
As used in these General Conditions and any Agreement, except as the context otherwise requires, terms in the singular include the plural, terms in the plural include the singular, and masculine pronouns include the feminine.
Unless otherwise indicated, references in these General Conditions to Articles or Sections refer to Articles or Sections of these General Conditions. The headings of the Articles and Sections and in the Table of Contents of these General Conditions are given for convenience of reference only and do not form an integral part of these General Conditions.
Section 3.01. Appointment of the Cooperating Institution.
Section 3.02. Responsibilities of the Cooperating Institution.
(a) facilitating Project implementation by assisting the Borrower/Recipient and the Project Parties in interpreting and complying with the Financing Agreement;
(c) reviewing and approving on a no-objection basis the procurement of goods, civil works and services for the Project financed by the Financing;
(e) carrying out such other functions to administer the Financing and supervise the Project as may be set forth in the Cooperation Agreement.
If a Cooperating Institution is appointed, the Fund shall enter into a Cooperation Agreement with the Cooperating Institution setting forth the terms and conditions of its appointment.
Any action by the Cooperating Institution in accordance with a Cooperation Agreement shall be regarded and treated by the Borrower/Recipient, the Guarantor and the Project Parties as an action taken by the Fund.
/Recipient and the Project Parties.
ARTICLE IV - LOAN ACCOUNT AND WITHDRAWALS
Upon the entry into force of a Financing Agreement, the Fund shall open a Loan Account and/or a Grant Account in the name of the Borrower/Recipient and credit the principal amounts of the Loan and the Grant respectively thereto.
(a) Between the date of entry into force of the Agreement and the Financing Closing Date, the Borrower/Recipient may request withdrawals from the Loan Account and/or Grant Account of amounts paid or to be paid for Eligible Expenditures. The Fund shall notify the Borrower/Recipient of the minimum amount for withdrawals.
Section 4.03. Special Commitments.
Section 4.04. Applications for Withdrawal, or Special Commitment.
(b) The Borrower/Recipient shall furnish to the Fund satisfactory evidence of the authority of the person or persons authorised to sign such applications and the authenticated specimen signature of each such person.
(d) lf the Borrower/Recipient requests a withdrawal from the Loan and/or Grant Accounts for amounts to be paid thereafter for Eligible Expenditures, the Fund may, before transferring such amount to the Borrower/Recipient, require that the Borrower/Recipient provide evidence satisfactory to the Fund showing that previous withdrawals have been properly spent for Eligible Expenditures. The Fund may place reasonable limits on the amount that the Borrower/Recipient may withdraw in advance or the overall balance of such advance withdrawals, and may require that such amounts be held in a freely convertible currency and/or be held in an account designated for that purpose in a bank acceptable to the Fund.
Upon receipt of an authenticated and satisfactory application for withdrawal from the Borrower/Recipient, the Fund shall transfer to the account specified by the Borrower/Recipient the amount specified therein.
A withdrawal shall be deemed made as of the day on which the relevant financial institution debits the account of the Fund chosen for the purpose of disbursing such withdrawal.
(a) A Financing Agreement may allocate the amount of the Financing to categories of Eligible Expenditures and specify the percentages of such Eligible Expenditures to be financed by the Financing.
(c) lf the Fund determines that the amount of the Financing allocated in the Financing Agreement to a category of Eligible Expenditures is or will be insufficient, the Fund may, by notice to the Borrower/Recipient:
(ii) if such reallocation will not fully meet the estimated shortfall, reduce the percentage of such Eligible Expenditures to be financed by the Financing.
(a) The Financing shall be used exclusively to finance expenditures meeting each of the following eligibility requirements:
(ii) The expenditure shall be incurred during the Project Implementation Period, except that expenditures to meet the costs of winding up the Project may be incurred after the Project Completion Date and before the Financing Closing Date.
(iv) If the Agreement allocates the amount of the Financing to categories of Eligible Expenditures and specifies the percentages of such Eligible Expenditures to be financed by the Financing, the expenditure must relate to a category whose allocation has not been depleted, and shall be eligible only up to the percentage applicable to such category.
(b) The Fund may from time to time exclude certain types of expenditure from eligibility.
(d) Any payments to a person or an entity, or for any goods, works or services, if making or receiving such payment constitutes a coercive, collusive, corrupt or fraudulent practice by any representative of the Borrower/Recipient or any Project Party, shall not be eligible for financing by the Financing.
lf the Fund determines that any amount withdrawn from the Loan and/or Grant Accounts was not used for the purposes indicated or will not be needed there after to finance Eligible Expenditures, the Borrower/Recipient shall promptly refund such amount to the Fund upon instruction by the Fund. Except as the Fund shall otherwise agree, such refund shall be made in the currency used by the Fund to disburse such withdrawal. The Fund shall credit the Loan and/or Grant Accounts by the SDR Equivalent of the amount so refunded.
Section 5.01. Lending Terms.Loans provided by the Fund shall be given on highly concessional, intermediate or ordinary terms, as specified in the Financing Agreement:
(b) Hardened Terms: Loans granted on hardened terms shall be free of interest but bear a service charge of three fourths of one per cent (0.75%) per annum payable semi-annually in the Loan Service Payment Currency, and shall have a maturity period of twenty (20) years, including a grace period of ten (10) years starting from the date of approval of the Loan by the Fund’s Executive Board.
(d) Ordinary Terms: Loans granted on ordinary terms shall be subject to interest on the principal amount of the Loan outstanding at a rate equal to the IFAD Reference Interest Rate, payable semi-annually in the Loan Service Payment Currency, and shall have a maturity period of fifteen (15) to eighteen (18) years, including a grace period of three (3) years starting from the date that the Fund has determined that all general conditions precedent to withdrawal have been fulfilled in accordance with section 4.02(b).
(f) The Fund shall publish the IFAD Reference Interest Rate applicable in each interest period.
Section 5.02. Repayments and Prepayments of Principal.
(b) The Borrower shall have the right to prepay all or any part of the principal amount of the Loan, provided that the Borrower pays all accrued and unpaid interest and service charges on the amount to be prepaid which are due as of the prepayment date. All prepayments shall be credited first against any outstanding interest and service charge and then against the remaining Loan instalments.
Section 5.03. Manner and Place of Payment.
Section 5.04. Value Dates of Loan Service Payments.
ARTICLE VI - CURRENCY PROVISIONS
(a) Withdrawals from the Loan and/or Grant Accounts shall be made in the respective currencies in which expenditures to be financed out of the proceeds of the Financing have been paid or are payable, or in such currency or currencies as the Fund may select.
Section 6.02. Loan Service Payment Currency.
Section 6.03. Valuation of Currencies.
ARTICLE VII - IMPLEMENTATION OF THE PROJECT
(a) The Borrower and each of the Project Parties shall carry out the Project:
(ii) in conformity with appropriate administrative, engineering, financial, economic, operational, environmental and agricultural development practices (including rural development practices) and good governance;
(iv) in accordance with the provisions of the relevant Agreement, the AWPBs, and the Procurement Plan;
(vi) so as to ensure the sustainability of its achievements over time.
(ii) Before each Project Year, the Lead Project Agency shall, if required, submit the draft Project AWPB to the oversight body designated by the Borrower/Recipient for its review. When so reviewed, the Lead Project Agency shall submit the draft Project AWPB to the Fund for comments no later than sixty (60) days before the beginning of the relevant Project Year. lf the Fund does not comment on the draft Project AWPB within thirty (30) days of receipt, the AWPB shall be deemed acceptable to the Fund.
(iv) The Lead Project Agency may propose adjustments in the Project AWPB during the relevant Project Year, which shall become effective after acceptance by the Fund.
(a) The Borrower/Recipient shall make the proceeds of the Financing available to the Project Parties upon terms and conditions specified in the Financing Agreement or otherwise approved by the Fund for the purpose of carrying out the Project.
Section 7.03. Availability of Additional Resources.
(b) In addition to the proceeds of the Financing, the Financing Agreement may provide that the Borrower/Recipient shall make available to the Project Parties during the Project Implementation Period counterpart funds from its own resources in accordance with its customary national procedures for development assistance.
In order to ensure that the Project is carried out in accordance with Section 7.01, the Borrower/ Recipient shall ensure that the relevant activities of its ministries, departments and agencies, and those of each Project Party, are conducted and coordinated in accordance with sound administrative policies and procedures.
(a) Procurement of goods, works and services financed by the Financing shall be carried out in accordance with the provisions of the Borrower/Recipient’s procurement regulations, to the extent such are consistent with the IFAD Procurement Guidelines. Each Procurement Plan shall identify procedures which must be implemented by the Borrower/Recipient in order to ensure consistency with the IFAD Procurement Guidelines.
(i) allow full inspection by the Fund of all bid documentation and related records;
(iii) cooperate with agents or representatives of the Fund carrying out an audit or investigation.
All goods, services and buildings financed by the Financing shall be used exclusively for the purposes of the Project.
The Borrower/Recipient shall ensure that all facilities and civil works used in connection with the Project shall at all times be properly operated and maintained and that all necessary repairs of such facilities shall be made promptly as needed.
(a) The Borrower/Recipient or the Lead Project Agency shall insure all goods and buildings used in the Project against such risks and in such amounts as shall be consistent with sound commercial practice.
Section 7.09. Subsidiary Agreements.
(b) The Borrower/Recipient and each Project Party shall exercise its rights under any Subsidiary Agreement to which it is party to ensure that the interests of the Borrower/Recipient and the Fund are fully protected and the Project is carried out in accordance with Section 7.01.
(d) The Borrower/Recipient shall bear any foreign exchange risk under any Subsidiary Agreement to which it is party, unless otherwise agreed by the Fund.
(a) The Borrower/Recipient shad be fully responsible to the Fund for the due and timely performance of all obligations ascribed to it, the Lead Project Agency and all other Project Parties under any Agreement. To the extern any Project Party enjoys legal personality separate from the Borrower/Recipient, any reference to an obligation of such Project Party in an Agreement shall be deemed an obligation of the Borrower/Recipient to ensure that such Project Party performs such obligation. The acceptance by any Project Party of any obligation ascribed to it in an Agreement shall not affect the responsibilities and obligations of the Borrower/Recipient.
Section 7.11. Key Project Personnel.
Section 7.12. Project Parties.
(a) promptly take all necessary or appropriate action to maintain its corporate existence and to acquire, maintain and renew its rights, properties, powers, privileges and franchises;
(c) operate, maintain and replace its plant, equipment and other properties; and
Section 7.13. Allocation of Project Resources.
Section 7.14. Environmental Factors.
Section 7.15. Relending Rates.
The Borrower/Recipient shall ensure that the Project Parties complete the implementation of the Project by the Project Completion Date. The Fund and the Borrower/Recipient shall agree on the disposition of the assets of the Project upon its completion.
Section 8.01. Implementation Records.
Section 8.02. Monitoring of Project Implementation.
(a) establish and thereafter maintain an appropriate information management system in accordance with the Fund’s Guide for Project Monitoring and Evaluation with which it shall continuously monitor the Project;
(c) during the Project Implementation Period and for at least ten (10) years thereafter, adequately store such information, and, promptly upon request, make such information available to the Fund and its representatives and agents.
(a) The Lead Project Agency, or other party so designated in the relevant Agreement, shall furnish to the Fund periodic progress reports on the Project, in such form and substance as the Fund shall reasonably request. At a minimum, such reports shall address (i) quantitative and qualitative progress made in implementing the Project and achieving its objectives, (ii) problems encountered during the reporting period, (iii) steps taken or proposed to be taken to remedy these problems, and (iv) the proposed programme of activities and the progress expected during the following reporting period.
Section 8.04. Completion Report.
Section 8.05. Plans and Schedules.
Section 8.06. Other Implementation Reports and lnformation.
(a) The Borrower/Recipient and the Project Parties shall promptly furnish to the Fund such other reports and information as the Fund shall reasonably request on any matter relating to the Project or any Project Party.
ARTICLE IX - FINANCIAL REPORTING AND INFORMATION
The Project Parties shall maintain separate accounts and records in accordance with consistently maintained appropriate accounting practices adequate to reflect the operations, resources and expenditures related to the Project until the Financing Closing Date, and shall retain such accounts and records for at least ten (10) years thereafter.
The Borrower/Recipient shall deliver to the Fund detailed financial statements of the operations, resources and expenditures related to the Project for each Fiscal Year prepared in accordance with standards and procedures acceptable to the Fund and deliver such financial statements to the Fund within four (4) months of the end of each Fiscal Year.
The Borrower/Recipient shall:
(b) within six (6) months of the end of each Fiscal Year, furnish to the Fund a certified copy of the audit report. The Borrower/Recipient shall submit to the Fund the reply to the management letter of the auditors within one month of receipt thereof;
Section 9.04. Other Financial Reports and information.
(a) The Borrower/Recipient and the Project Parties shall promptly furnish to the Fund such other reports and information as the Fund shall reasonably request on any financial matter relating to the Financing or the Project or any Project Party.
(c) The Project Member State shall promptly furnish to the Fund all information that the Fund may reasonably request with respect to financial and economic conditions in its territory, including its balance of payments and its external debt.
Section 10.01. Cooperation, Generally.
Section 10.02. Exchange of Views.
Section 10.03. Visits, Inspections and Enquiries.
(a) visit and inspect the Project, including any and all sites, works, equipment and other goods used for Project-related purposes;
(c) visit, communicate with and make enquiries of all Project personnel and any staff member of any Project Party.
The Borrower/Recipient and the Project Parties shall permit auditors designated by the Fund to audit the records and accounts relating to the Project. The Borrower/Recipient and the Project Parties shall cooperate fully with any such audit and accord the auditors the full rights and privileges of agents or representatives of the Fund under Section 10.03. With the exception of audits carried out in accordance with Section 9.03(c), the Fund shall bear the cost of such audits.
(a) The Borrower/Recipient and each Project Party shall facilitate all evaluations and reviews of the Project that the Fund may carry out during the Project Implementation Period and for ten (10) years thereafter.
The Project Member State shall permit the agents and representatives of the Fund, in consultation with the Project Member State, to enter its territory from time to time to exchange views with such persons, visit such sites, and examine such data, records and documents as the Fund may reasonably request in order to carry out a general review of all projects and programmes financed, in whole or in part, by the Fund in its territory and all financing extended by the Fund to the Project Member State. The Project Member State shall ensure that all concerned parties cooperate fully in such review.
Section 11.01. Taxation.
(b) The Agreement shall be exempt from any Taxes on signature, delivery or registration.
Section 11.02. Tax Refunds.
ARTICLE XII - REMEDIES OF THE FUND
(a) Whenever any of the following events has occurred and is continuing, the Fund may suspend, in whole or in part, the right of the Borrower/Recipient to request withdrawals from the Loan and/or Grant Accounts:
(ii) The Borrower/Recipient has failed to make any payment due under any other Financing Agreement, Guarantee Agreement, or other financial obligation of any kind of the Borrower/Recipient to the Fund, whether or not any third party has made such payment.
(iv) The Guarantor has failed to make any payment due under any other Financing or Guarantee Agreement between the Guarantor and the Fund, or other financial obligation of any kind of the Guarantor to the Fund.
(vi) The Fund has determined that a situation has arisen which may make it improbable that the Project can be successfully carried out or that any Project Party will be able to perform any of its obligations under any Agreement.
(viii) Any representation made by the Borrower/Recipient, the Guarantor, or any Project Party in any Agreement, or any statement furnished in connection therewith and relied upon by the Fund in making the Financing, is incorrect or misleading in any material respect.
(x) Either the Borrower/Recipient or the Guarantor has been unable to pay its debts generally as they come due.
(xii) Any competent authority has taken action for the dissolution of any Project Party (other than the Lead Project Agency) or suspension of its operations, and the Fund has determined that such dissolution or suspension is likely to have a material adverse effect on the Project.
(xiv) The Fund has not received any audit report or other document referred to in Article VIII (Implementation Reporting and Information) or Article IX (Financial Reporting and Information) within the time prescribed therefor in the Agreements, or the audit report is not fully satisfactory to the Fund, or the Borrower/Recipient or any other Project Party has otherwise failed to perform its obligations under Article VIII or IX.
(xvi) The Borrower/Recipient or the Lead Project Agency has failed to perform any of its obligations under any Subsidiary Agreement.
(xviii) Any Subsidiary Agreement or any provision thereof has been assigned, waived, suspended, terminated, amended or otherwise modified without the prior consent of the Fund, and the Fund has determined that such assignment, waiver, suspension, termination, amendment or modification has had, or is likely to have, a material adverse effect on the Project.
(xx) The Borrower/Recipient or any Project Party has failed to perform any other obligation under the Financing Agreement or any other Agreement.
(xxii) The Fund, after consultation with the Borrower/Recipient, has determined that the material benefits of the Project are not adequately reaching the Target Population, or are benefiting persons other than the Target Population to the detriment of the Target Population.
(xxiv) The Fund has given notice to the Borrower/Recipient that credible allegations of coercive, collusive, corrupt or traudulent practices in connection with the Project have come to the attention of the Fund, and the Borrower/Recipient has failed to take timely and appropriate action to address the matters to the satisfaction of the Fund.
(xxvi) Upon the occurrence or non-occurrence, as the case may be, of any event specified in the relevant Agreement as an additional ground for suspension.
(b) lf the audit report required by Section 9.03 has not been submitted to the Fund within six (6) months of the date on which it is due, the right of the Borrower/Recipient to request withdrawals from the Loan and/or Grant Accounts shall be suspended.
(a) lf any of the foliowing events has occurred, the Fund may cancel in whole or in part the remaining amounts in the Loan and/or Grant Accounts:
(ii) The Fund determines after consultation with the Borrower/Recipient that any amount of the Financing will not be required to finance the Project.
(iv) The Fund has determined that any amount of the Financing has been used to finance an expenditure other than an Eligible Expenditure and the Borrower/Recipient has failed to promptly refund such amount to the Fund upon the Fund's instructions.
(vi) The Mid-Term Review has recommended that the Project be terminated.
Such cancellation shall be effective upon dispatch of notice to the Borrower/Recipient.
Section 12.03. Cancellation by the Borrower/Recipient.
Section 12.04. Applicability of Cancellation or Suspension.
(b) Except as expressly provided in this Article, all provisions of the Financing Agreement shall continue in full force and effect notwithstanding any cancellation or suspension.
If at any time any of the following events has occurred, at any subsequent time during the continuance thereof, the Fund may declare the principal amount of the Loan then outstanding, together with all accrued interest and other charges thereon, to be immediately due and payable:
(b) the Fund has declared the principal of any other loan to the Borrower/Recipient or the Guarantor then outstanding to be immediately due and payable;
(d) any event specified in paragraphs (xiii) though (xxvi), inclusive, of Section 12.01 has occurred and continues for a period of sixty (60) days after notice thereof has been given by the Fund to the Borrower/Recipient and the Guarantor; or
Such declaration shall be effective upon dispatch of notice to the Borrower/Recipient and the Guarantor, whereupon such principal, interest and other charges shall become due and payable immediately.
The remedies of the Fund set forth in this Article shall not limit or otherwise prejudice any rights or remedies available to the Fund otherwise.
Section 13.01. Entry into Force.
Section 13.02. Termination before Withdrawal.
(a) before the date of first withdrawal from the Loan and/or Grant Accounts, any event of suspension specified in Section 12.01 has occurred; or
Section 13.03. Termination upon Full Performance.
ARTICLE XIV - ENFORCEABILITY AND RELATED MATTERS
The Agreement and the rights and obligations of the parties thereunder shall be valid and enforceable in accordance with their terms, regardless of any law to the contrary in the territory of the Project Member State.
No delay in exercising, or failure to exercise, any right, power or remedy of any party under an Agreement shall impair any such right, power or remedy, or be construed as a waiver thereof. No action or omission of any party in respect of any default under an Agreement shall impair any right, power or remedy of such party in respect of any subsequent default.
The rights and remedies of any party under an Agreement are cumulative and (except as otherwise expressly provided) not exclusive of any right or remedies that such party would otherwise have.
(a) The parties to an Agreement shall endeavour to settle through amicable means any controversy between them in respect of such Agreement.
(c) The Arbitral Tribunal shall consist of a single arbitrator appointed by agreement of the parties or, if they do not agree within three (3) months after proceedings are instituted under paragraph (d) below, by the President of the International Court of Justice or, failing appointment by him, by the Secretary-General of the United Nations. If the arbitrator shall resign, die or become unable to act, a successor arbitrator shall have all the powers and duties of such original arbitrator.
(e) The arbitration proceedings shall take place at such time and place as shall be fixed by the arbitrator.
(g) The arbitrator shall afford to all parties a fair hearing and shall render his award in writing. Such award may be rendered by default. A signed counterpart of the award shall be transmitted to each party. Any such award rendered in accordance with the provisions of this Section shall be final and binding upon the parties. Each party shall abide by and comply with any such award rendered by the arbitrator in accordance with the provisions of this Section.
(i) The provisions for arbitration set forth in this Section shall be instead of any other procedure for the settlement of controversies between the parties, and any claim by either party against the other party arising thereunder.
(k) Service of any notice or process in connection with any proceeding under this Section or (to the extent that such remedy shall be available) in connection with any proceeding to enforce any award rendered pursuant to this Section may be made in the manner provided in Section 15.01. The parties may waive any and all other requirements for the service of any such notice or process.
SECTION 15.01. Communications.
Section 15.02. Language of Reporting.
Section 15.03. Authority to Take Action.
Section 15.04. Evidence of Authority.
Section 15.05. Modifications of the Agreement.
Section 15.06. Change of Entity or Representative.
Section 15.07. Signature of the Agreement.
Từ khóa: Điều ước quốc tế 51/2015/TB-LPQT, Điều ước quốc tế số 51/2015/TB-LPQT, Điều ước quốc tế 51/2015/TB-LPQT của Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Quỹ Quốc tế về phát triển nông nghiệp, Điều ước quốc tế số 51/2015/TB-LPQT của Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Quỹ Quốc tế về phát triển nông nghiệp, Điều ước quốc tế 51 2015 TB LPQT của Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Quỹ Quốc tế về phát triển nông nghiệp, 51/2015/TB-LPQT
File gốc của Thông báo 51/2015/TB-LPQT về hiệu lực của Hiệp định tài trợ cho Dự án “Thích ứng biến đổi khí hậu khu vực Đồng bằng sông Cửu Long tại tỉnh Bến Tre và Trà Vinh” giữa Việt Nam – Quỹ Quốc tế về phát triển nông nghiệp (IFAD) đang được cập nhật.
Thông báo 51/2015/TB-LPQT về hiệu lực của Hiệp định tài trợ cho Dự án “Thích ứng biến đổi khí hậu khu vực Đồng bằng sông Cửu Long tại tỉnh Bến Tre và Trà Vinh” giữa Việt Nam – Quỹ Quốc tế về phát triển nông nghiệp (IFAD)
Tóm tắt
Cơ quan ban hành | Chính phủ Cộng hoà xã hội chủ nghĩa Việt Nam, Quỹ Quốc tế về phát triển nông nghiệp |
Số hiệu | 51/2015/TB-LPQT |
Loại văn bản | Điều ước quốc tế |
Người ký | Nguyễn Hoàng Long, Kanayo F.Nwanze |
Ngày ban hành | 2014-03-28 |
Ngày hiệu lực | 2014-03-28 |
Lĩnh vực | Tài nguyên - Môi trường |
Tình trạng | Còn hiệu lực |