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Điều 56 của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:

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Nguyễn Văn Ngự

LOAN AGREEMENT

(Ordinary Operations [Concessional])

(Skills and Knowledge for Inclusive Economic Growth Project)

BETWEEN SOCIALIST REPUBLIC OF VIET NAM AND ASIAN DEVELOPMENT BANK

DATED 10 DECEMBER 2019

LOAN AGREEMENT

(Ordinary Operations [Concessional])

WHEREAS

(B) by on agreement of even date herewith between the Borrower and ADB (“Grant Agreement”), ADB has agreed to administer the grant from the Japan Fund for Poverty Reduction (“JFPR”) in the amount of $3,000,000 (“JFPR Grant”) upon the terms and conditions set out in the JFPR 2018 Guidelines;

NOW THEREFORE the parties agree as follows:

ARTICLE I

Loan Regulations; Definitions

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

Section 1.02. Wherever used in this Loan Agreement, the several terms defined in the Loan Regulations have the respective meanings therein set forth unless modified herein or the context otherwise requires. Additional terms used in this Loan Agreement have the following meanings:

(c) “GAP” means the gender action plan prepared for the Project, including any update thereto, and agreed to between the Borrower and ADB;

(e) "Indigenous Peoples Safeguards" means the principies and requirements set forth in Chapter V, Appendix 3, and Appendix 4 (as applicable) of the SPS;

(h) “MOC TVET Institutions” means technical and vocational education and training Institutions, selected to participate in the Project as implementing partners under MOLISA’s Project implementation responsibility, namely, the following: Ho Chi Minh City College of Construction;

(k) “MOLlSA TVET and Training Institutions” means technical and vocational education and training institutions and universities under MOLISA's Project implementation responsibility, selected to participate in the Project as implementing partners, namely, the following: Dung Quat College of Technology, Vinh Long University of Technology Education, Vinh University of Technology Education;

(m) “PAM” means the project administration manual for the Project dated 5 November 2018 and agreed between the Borrower, through MOLISA and MOIT, and ADB, as updated from time to time in accordance with the respective administrative procedures of the Borrower and ADB;

(o) "Procurement Plan" means the procurement plan for the Project dated 5 November 2018 and agreed between the Borrower, through MOLISA and MOIT, and ADB, as updated from time to time in accordance with the Procurement Guidelines, the Consulting Guidelines, and other arrangements agreed with ADB;

(r) “Safeguards Monitoring Report” means each report prepared and submitted by the Borrower to ADB that describes progress with implementation of and compliance with the Indigenous Peoples Safeguards-related measures provided in the PAM (as applicable), including any corrective and preventative actions;

(t) "Subsidiary Loan Agreement" means the agreement or agreements between the Borrower and each of the TVET and Training Institutions, as described in Section 3.01 of this Loan Agreement; and

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

(b) The Borrower shall cause the proceeds of the Loan to be applied exclusively to the financing of expenditures on the Project in accordance with the provisions of this Loan Agreement and the Project Agreement.

Section 3.03. Except as ADB may otherwise agree, the Borrower shall procure, or cause to be procured, the items of expenditure to be financed out of the proceeds of the Loan in accordance with the provisions of Schedule 4 to this Loan Agreement.

(i) Goods which are produced in and supplied from and Consulting Services which are supplied from such member countries of ADB as shall have been specified by ADB from time to time as eligible sources tor procurement; and

Section 3.05. The Loan Closing Date tor the purposes of Section 8.02 of the Loan Regulations shall be 31 December 2024 or such other date as may from time to time be agreed between the Borrower and ADB.

ARTICLE IV

Particular Covenants

Section 4.01. In the carrying out of the Project and operation of the Project facilities, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 5 to this Loan Agreement and the Project Agreement.

(b) ADB shall disclose the annual audited financial statements tor the Project and the opinion of the auditors on the financial statements within 14 days of the data of ADB’S confirmation of their acceptability by posting them on ADB's website.

Section 4.03. The Borrower, through MOLISA, MOIT and other relevant ministriss, shall enable ADB's representatives to inspect the Project, the Goods and any relevant records and documents.

Section 4.05. The Borrower shall exercise its rights under the Subsidiary Loan Agreement(s) in such a manner as to protect the Interests of the Borrower and ADB and to accomplish the purposes of the Loan.

ARTICLE V

Effectiveness

Section 5.02. A date 90 days after the date of this Loan Agreement is specified for the effectiveness of this Loan Agreement for the purposes of Section 9.04 of the Loan Regulations.

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:

(632) 636-2228.

SCHEDULE 1

Description of the Project

2. The Project shall comprise:

(b) Enhancing skills training opportunities for disadvantaged communities and soft skills of students in the TVET and Training institutions, which includes:

(ii) upgrading of existing or developing new short-term training courses (Including ubiquitous-based training) for disadvantaged youth and adults (making sure they are interesting to females), who are seeking new employment opportunities in modem professions;

(iv) developing methods to integrate soft skills into regular technical curriculum context based on international good practices;

(vi) conducting an impact evaluation of the pilot activities.

4. Activities under paragraph 2(b) above shall be financed by the JFPR Grant.

SCHEDULE 2

Amortization Schedule