THÔNG BÁO

VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC

Khoản 3 Điều 56 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

LOAN NUMBER 3743-VIE (COL)

LOAN AGREEMENT

(Ordinary Operations [Concessional])

(Financial Sector Development and Inclusion Program - Subprogram 1)

between

SOCIALIST REPUBLIC OF VIET NAM

and

ASIAN DEVELOPMENT BANK

DATED 3^rd June, 2019

LOAN AGREEMENT

(Ordinary Operations [Concessional])

WHEREAS

(B) the Program comprises the first subprogram of a programmatic approach, as described in paragraph 1 of Schedule 1 to this Loan Agreement (“Programmatic Approach”), and the Borrower has applied to ADB for a loan for the purposes of the Program; and

NOW THEREFORE the parties agree as follows:

ARTICLE I

Loan Regulations; Definitions

(a) Section 2.01(v) is deleted and the following is substituted therefor:

(b) The term “Project” wherever it appears in the Loan Regulations shall be substituted by the term “Program”.

“Program Executing Agency” means the entity or entities responsible for the carrying out of the Program as specified in the Loan Agreement;

(e) Section 5.01(b) is deleted.

(a) “Counterpart Funds” means the local currency generated from the Loan proceeds under the Program and referred to in paragraphs 6 of Schedule 4 to this Loan Agreement;

(c) “Loan Disbursement Handbook” means ADB’s Loan Disbursement Handbook (2017, as amended from time to time);

(e) “Policy Matrix” means the policy matrix as agreed between the Borrower and ADB, which sets forth actions accomplished or to be accomplished by the Borrower under the Program and is attached to the Policy Letter;

(g) “Program Implementing Agencies” means the MOF and SBV.

ARTICLE II

The Loan

(b) The Loan has a principal repayment period of 20 years, and a grace period as defined in subsection (c) hereinafter.

Section 2.02. The Borrower shall pay to ADB an interest charge at the rate of 2% per annum during the grace period and thereafter, on the amount of the Loan withdrawn from the Loan Account and outstanding from time to time.

Section 2.04. The Borrower shall repay the principal amount of the Loan withdrawn from the Loan Account in accordance with the amortization schedule set forth in Schedule 2 to this Loan Agreement.

ARTICLE III

Use of Proceeds of the Loan

Section 3.02. The proceeds of the Loan shall be withdrawn in accordance with the provisions of Schedule 3 to this Loan Agreement, as such Schedule may be amended from time to time by agreement between the Borrower and ADB.

ARTICLE IV

Particular Covenants

Section 4.02. As part of the reports and information referred to in Section 6.05 of the Loan Regulations, the Borrower shall furnish, or cause to be furnished, to ADB all such reports and information as ADB shall reasonably request concerning; (a) the Counterpart Funds and the use thereof; and (b) the implementation of the Program, including the accomplishment of the targets and carrying out of the actions set out in the Policy Letter.

ARTICLE V

Effectiveness

ARTICLE VI

Miscellaneous

Section 6.02. The following addresses are specified for the purposes of Section 11.01 of the Loan Regulations:

Ministry of Finance

Hoan Kiem District

Facsimile Number:

For ADB

6 ADB Avenue

1550 Metro Manila

Facsimile Numbers:

(633) (632) 636-2331.

SCHEDULE 1

Description of the Program

2. The scope of the Program includes legislative and policy actions to: (a) strengthen financial sector stability: (b) broaden and deepen the domestic capital market: and (c) promote financial inclusion.

4. The disbursement of Loan proceeds under the Program is expected to be completed by 30 June 2020.

SCHEDULE 2

Amortization Schedule

SCHEDULE 3

Withdrawal of Loan Proceeds

2. An application for withdrawal from the Loan Account shall be submitted to ADB by the Borrower and shall be in a form satisfactory to ADB.

(b) Separate accounts and records in respect of the Deposit Account shall be maintained in accordance with accounting principles acceptable to ADB. Upon ADB’s request, the Borrower shall have the financial statements for the Deposit Account audited by independent auditors, whose qualifications, experience and terms of reference are acceptable to ADB, in accordance with international standards for auditing or the national equivalent acceptable to ADB. Promptly after their preparation but in any event not later than 6 months after the date of ADB’s request, copies of such audited financial statements and the opinion of the auditors on the financial statements, in the English language, shall be furnished to ADB.

Attachment to Schedule 3

Negative List

(i) expenditures for goods included in the following groups or sub-groups of the United Nations Standard International Trade Classification, Revision 3 (SITC, Rev. 3) or any successor groups or sub-groups under future revisions to the SITC, as designated by ADB by notice to the Borrower.

Table: Ineligible Items

Source: United Nations.

(iii) expenditures for goods supplied under a contract that any national or international financing institution or agency will have financed or has agreed to finance, including any contract financed under any loan or grant from the ADB;

(v) expenditures for narcotics;

(vii) expenditures on account of any payment prohibited by the Borrower in compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations.

SCHEDULE 4

Program Implementation and Other Matters

1. The Program Executing Agency shall be responsible for the overall implementation of the Programmatic Approach. The Program Implementing Agencies shall be responsible for the day-to-day implementation of the Programmatic Approach.

2. The Borrower shall ensure that all policy actions adopted under the Program, as set forth in the Policy Letter and the Policy Matrix, continue to be in effect for the duration of the Programmatic Approach.

4. The Borrower shall keep ADB informed of, and the Borrower and ADB shall from time to time exchange views on, sector issues, policy reforms and additional reforms arising during the implementation of the Program, that may be considered necessary, or desirable, including the progress made in carrying out policies and actions set out in the Policy Letter and the Policy Matrix.

Use of Counterpart Funds

Governance and Anticorruption