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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

CREDIT NUMBER 6439-VN

FINANCING AGREEMENT

(Investing and Innovating for Grassroots Health Service Delivery Project)

between

SOCIALIST REPUBLIC OF VIETNAM

and

INTERNATIONAL DEVELOPMENT ASSOCIATION

CREDIT NUMBER 6439-VN

FINANCING AGREEMENT

WHEREAS (A) the Recipient, having satisfied itself as to the feasibility and priority of the Project described in Schedule 1 to this Agreement (“Project”), has requested the Association to extend a credit as provided in Section 2.01 of this Agreement, to assist in the financing of the Project;

(C) the Recipient has also requested the World Bank, acting as administrator of the Multi-donor Trust Fund for the Global Financing Facility (“GFF”) in Support of Every Woman Every Child, to buy down a portion of the credit provided for in Section 2.01 of this Agreement, and the World Bank, acting in such capacity, has agreed to make available a grant to the Recipient from the said trust fund for this purpose, pursuant to the Grant Agreement; and

The Recipient and the Association hereby agree as follows:

ARTICLE I - GENERAL CONDITIONS; DEFINITIONS

1.02. Unless the context requires otherwise, the capitalized terms used in this Agreement have the meanings ascribed to them in the General Conditions or in Section I of the Appendix to this Agreement.

ARTICLE II - CREDIT

2.02. The Recipient may withdraw the proceeds of the Credit in accordance with Section III of Schedule 2 to this Agreement.

2.04. The Commitment Charge is one-quarter of one percent (¼ of 1%) per annum on the Unwithdrawn Credit Balance.

2.06. The Payment Dates are May 1 and November 1 in each year.

2.08. The Association shall apply the funds provided for by the World Bank, acting as administrator of the GFF, under the Grant Agreement on behalf of the Recipient for the purpose of paying the Interest Charge and any principal amount of the Credit falling due and accruing under this Agreement until December 31, 2026 (or such other date as the World Bank, acting as administrator of the GFF shall establish by notice to the Recipient). For avoidance of doubt, the Recipient shall not have any payment obligation with regard to the amounts paid for to the Association under the Grant Agreement on account of the Interest Charge and/or any principal amount of the Credit falling due and accruing under this Agreement; it being understood however that, notwithstanding the foregoing, the Recipient shall remain liable for any such amount falling due and accruing under this Agreement, in the event that the funds provided by the World Bank, acting as administrator of the GFF, under the Grant Agreement are not sufficient to cover any of the respective Recipient’s payment obligations under this Agreement.

ARTICLE III - PROJECT

ARTICLE IV - EFFECTIVENESS; TERMINATION

(a) the Project Operations Manual has been duly adopted by MOH; and

4.02. The Effectiveness Deadline is the date ninety (90) days after the Signature Date.

ARTICLE V - REPRESENTATIVE; ADDRESSES

5.02. For purposes of Section 11.01 of the General Conditions:

Ministry of Finance

Hanoi,Vietnam; and

Facsimile:

5.03. For purposes of Section 11.01 of the General Conditions:

International Development Association

Washington, D.C. 20433

(b) the Association’s Electronic Address is:

1-202-477-6391

SOCIALIST REPUBLIC OF VIETNAM

Name: Tran Xuan Ha

Date: 18 February 2020

INTERNATIONAL DEVELOPMENT ASSOCIATION

Name: Ousmans Dione

Date: 01/31/2020

SCHEDULE 1

Project Description

The Project consists of the following parts:

Supporting the construction, renovation or expansion of selected CHS and DHC/DH.

2.1 Providing selected equipment for the management of tracer conditions or other health-related needs at selected CHS and DHC/DH.

2.3 Supporting the implementation of quality scorecards at CHS and DHC/DH to monitor and improve the quality of healthcare.

3.1 Providing technical and analytical support for the development and evaluation of selected policies, regulations and guidelines related to the management of the tracer conditions, as well as financing and service delivery issues related to the grassroots health system.

3.3 Supporting Project management, evaluation and coordination at the central and provincial level.

SCHEDULE 2

Project Execution

A. Institutional Arrangements

2. The Recipient, through each Project Province, throughout the period of implementation of the Project, shall maintain a Provincial Project Management Unit (“PPMU”) with functions, composition, staffing and resources acceptable to the Association, to be responsible for: (a) the day-to-day implementation of the activities under Parts 1 and 2.1 of the Project within the respective Project Province, including environmental and social safeguards management, financial management and procurement; and (b) coordination with the CPMU for the implementation of the Project activities within the respective Project Province.

1. To facilitate the carrying out of the Project within the Project Provinces, the Recipient shall make the proceeds of the Credit available to the Project Provinces under a subsidiary agreement between the Recipient represented by its Minister of Finance (“MOF”) and the respective Project Province, under terms and conditions acceptable the Association (“Subsidiary Agreement”). The Recipient shall exercise its lights under the Subsidiary Agreement in such manner as to protect the interests of the Recipient and the Association and to accomplish the purposes of the Credit.

1. The Recipient, through MOH and the Project Provinces, shall: (a) prepare and furnish to the Association by October 1 in each year during the implementation of the Project, a draft Annual Work Plan for review and comment, summarizing the implementation progress of the Project for the said year and the Project activities to be undertaken in the following calendar year, including the proposed annual budget for the Project; (b) taking into account the Association’s comments, finalize and furnish to the Association no later than December 1 in each year, during the implementation of the Project, the Annual Work Plan, acceptable to the Association; and (c) thereafter ensure the implementation of the Project during the following calendar year in accordance with the Annual Work Plan agreed with the Association and in a manner acceptable to the Association. The Recipient shall not amend, suspend, abrogate, or waive said Annual Work Plans or any provision thereof without the prior written agreement of the Association.

D. Safeguards

2. The Recipient, through MOH and the Project Provinces, shall, whenever required in terms of the ESMF OT the EMPF, proceed to have ESMPs, ECOPs or EMDPs: (i) prepared in form and substance acceptable to the Association; (ii) except as otherwise agreed with the Association, furnished to the Association for review and approval; (iii) thereafter, adopted and publicly disclosed; and (iv) thereafter, to implement, or cause to be implemented, such plans in accordance with their terms and in a manner acceptable to the Association.

4. The Recipient, through the MOH and the Project Provinces, shall ensure, that all terms of reference for any technical assistance or studies carried out under the Project are consistent with, and pay due attention to, the Association’s Safeguards Policies.

(a) not amend, revise or waive, nor allow to be amended, revised or waived, the provisions of the Safeguard Instruments or any provision of any one thereof, without the prior written agreement of the Association; and

6. In case of any inconsistency between the provisions of any of the Safeguard Instruments and this Agreement, the provisions of this Agreement shall prevail.

(a) measures taken in furtherance of the Safeguards Instruments;

(c) remedial measures taken or required to be taken to address such conditions.

1. The Recipient, through MOH and the Project Provinces, shall furnish to the Association each Project Report not later than forty-five (45) days after the end of each calendar semester, covering the calendar semester.

Section III. Withdrawal of the Proceeds of the Credit

Without limitation upon the provisions of Article II of the General Conditions and in accordance with the Disbursement and Financial Information Letter, the Recipient may withdraw the proceeds of the Credit to finance Eligible Expenditures; in the amount allocated and, if applicable, up to the percentage set forth against each Category in the following table:

B. Withdrawal Conditions; Withdrawal Period

2. The Closing Date is December 31, 2024.

SCHEDULE 3

Commitment-Linked Amortization Repayment Schedule

Level Principal Repayments

APPENDIX

1. “Annual Work Plans” means each of the plans for the Project to be prepared or updated by the Recipient, through MOH and each of the Project Provinces, acceptable to the Association, on an annual basis as provided for in Section I.C.1 of Schedule 2 to this Agreement.

3. “Association’s Safeguards Policies” means the operational policies and procedures for financing of development projects by the Association at the date of this Agreement and relating to Environmental Assessment, Natural Habitats, Pest Management, Indigenous Peoples (Ethnic Minorities), Physical Cultural Resources, Involuntaiy Resettlement, Forests, Safety of Dams, Projects on International Waterways, and Projects in Disputed Areas, as published under https://policies.worldbank.org.

5. “Central Project Management Unit” or “CPMU” means the unit established and maintained within MOH and referred to in Section I.A.1 of Schedule 2 to this Agreement; or any successor thereto.

7. “DHC/DH” means district health centers/hospitals.

9. “Ethnic Minority Planning Framework” or “EMPF” means the Recipient’s ethic minority planning framework, acceptable to the Association, dated November 2018, which sets forth the policies and procedures to ensure that ethnic minority communities affected by the Project receive culturally appropriate social and economic benefits, and if any potential adverse effects on such communities are identified, measures to ensure their effects are avoided, minimized, mitigated, or compensated, as well as the preparation of EMDPs during the implementation of the Project, as said framework may be revised from time to time with the prior written agreement of the Association, and such term includes any annexes or schedules to such framework.

11. “Environmental and Social Management Plans” or “ESMPs” means the environmental and social plans acceptable to the Association, to be prepared and approved in accordance with the ESMF, as referred in Section l.D of Schedule 2 to this Agreement; which set forth the specific actions, measures and policies designed to maximize the benefit of the respective activities under the Project, as well as eliminate, offset or mitigate any adverse environmental and social impacts, or reduce such impacts to acceptable levels, along with administrative and monitoring arrangements to ensure the implementation of said actions, measures and policies, as said ESMPs may be revised from time to time with the prior written agreement of the Association, and such term includes any annexes or schedules to such plan.

13. “General Conditions” means the “International Development Association General Conditions for IDA Financing, Investment Project Financing”, dated December 14, 2018, with the modifications set forth in Section II of this Appendix.

15. “Grant Agreement” means the grant agreement of even date herewith between the Recipient and the World Bank, acting as administrator of: (a) (i) the Integrating Donor-Financed Health Programs Multi-donor Trust Fund; and (ii) the Tackling of Non-Communicable Diseases Challenges in Low and Middle Income Countries Multi-donor Trust Fund, to assist in the financing of Parts 2.2, 2.3 and 3 of the Project; and (b) the GFF to buy down a portion of the Credit.

17. “Procurement Regulations” means, for purposes of paragraph 87 of the Appendix to the General Conditions, the “World Bank Procurement Regulations for IPF Borrowers”, dated July 2016, revised November 2017 and August 2018.

19. “Project Provinces” means the Recipient’s provinces of Ha Giang, Bac Kan, Son La, Yen Bai, Hoa Binh, Quang Binh, Quang Tri, Quang Ngai, Ninh Thuan, Tra Vinh, Hau Giang, Bac Lieu and Long An, and such other province or provinces, as may be agreed between the Recipient and the Association; and the “Project Implementing Entities” for purposes of the General Conditions.

21. “Safeguards Instruments” means, collectively, the Environmental and Social Management Framework, the Environmental Codes or Practices, the Environmental and Social Management Plans, the Ethnic Minorities Planning Framework, and the Ethnic Minorities Development Plans.

Section II. Modifications to the General Conditions

1. Notwithstanding the definition of “Legal Agreement” in paragraph 73 of the Appendix of the General Conditions, wherever used throughout Article X (Effectiveness; Termination) of the General Conditions, the term “‘Legal Agreement” is to be understood as meaning the Financing Agreement or the Project Agreement, and the term “Legal Agreements” as meaning collectively, all of such agreements.