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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./.

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Nguyễn Văn Ngự

Hanoi, September 7, 2020

I have the honour to acknowledge the receipt of Your Excellency's Note of today's date, which reads as follows:

2. (1) The Grant and its accrued interest shall be used by the Recipient properly and exclusively for the purchase of the products and/or services necessary for the implementation of the Programme, enumerated in a list to he mutually agreed upon between the authorities concerned of the two Governments (hereinafter respectively referred to as the “Products” and the “Services”), as well as for the payment of such fees necessary for the implementation of the Programme, provided that the Products are produced in eligible source countries and the Services are provided by nationals of eligible source countries.

(3) The scope of the eligible source countries mentioned in sub-paragraph (1) above shall be agreed upon between the authorities concerned of the two Governments.

His Excellency

Ambassador Extraordinary and Plenipotentiary of Japan
to the Socialist Republic of Viet Nam

(2) The sole purpose of the Account is to receive the payment in Japanese Yen by the Government of Japan referred to in paragraph 4 as well as to make payments necessary for the purchase of the Products and/or the Services, and such other payment as may be agreed upon between the authorities concerned of the two Governments.

5. (1) The Recipient: shall take necessary measures:

(b) to ensure that customs duties, internal taxes and other fiscal levies which may be imposed in the country of the Recipient with respect to the payment carried out for and the income accruing from the supply of the Products and/or the Services are exempted or borne by its designated authority and shall not be covered by the Grant;

(d) to present to the Government of Japan a report prepared in a written form acceptable to the Government of Japan on the transactions on the Account together with copies of contracts, vouchers and other documents concerning the relevant transactions without delay when the Grant and its accrued interest are completely used for the purchase of the Products and/or the Services and for the payment of the fees referred to in sub-paragraph (1) of paragraph 2, or upon request by the Government of Japan;

(f) to ensure that the Products and/or the Services are utilised, in principle, by end-users including the Recipient itself, for non-commercial purposes;

(h) to ensure the safety of persons engaged in the implementation of the Programme in the country of the Recipient;

(j) to hear all the expenses, other than those covered by the Grant and its accrued interest, necessary for the implementation of the programme; and

(2) while ensuring fair treatment of sources of information, the Recipient shall provide the Government of Japan with necessary information, including information on corrupt practice, related to the Grant and its accrued interest.

(4) The Products and/or the Services shall not be exported or re-exported from the country of the Recipient.

7. The two Governments shall consult with each other in respect of any matter that may arise from or in connection with the present understanding.

I have further the honour to confirm on behalf of the Government of the socialist Republic of Viet Nam the foregoing understanding and to agree that Your Excellency's Note and this Note in reply shall constitute an agreement between the two Governments, which shall enter into force on the date of this Note in reply.

Record of Discussions

1. With regard to paragraph 2 of the Exchange of Notes, the representative of the Japanese Delegation stated that the Government of Japan understands that:

(b) the Recipient will refund to the Government of Japan, when the corrupt practice referred to in suh-paragraph (a) above occurs, the amount of the grant referred to in paragraph 1 of the Exchange of Notes (hereinafter referred to as “the Grant”) equivalent to the amount spent in such corrupt practice, which is determined by the Government of Japan.

(a) the necessary information includes information on corrupt practice related to the Grant; and

3. The representative of the Vietnamese Delegation stated that the Vietnamese Delegation has no objection to the statement by the representative of the Japanese Delegation referred to above.

Hanoi, September 7, 2020

NGUYEN THANH LONG
Acting Minister of Health
of the Socialist Republic
of Viet Nam

YAMADA TAKIO
Ambassador Extraordinary
and Flenipotentiary of Japan
to the Socialist Republic
of Viet Nam

Agreed Minutes on Procedural Details

1. List of Eligible Products and/or Services and Eligible Source Countries

(1) The grant raferred to in paragraph 1 of the Exechange of Notes (hereinafter referred to as “the Grant”) and its accrued interest shall be used for the purchase of the Products and/or the Services as well as for such fees necessary for the implementation of the Economic and Social Development Programme.

The Recipient shall, therefore, conclude an employment contract, within three months after the date of entry into force of the Exchange of Notes, with Japan International Cooperation System (JICS) (hereinafter referred to as "the Agent") to act on behalf of the Recipient in accordance with the Scope of the Agent’s Services asset forth in Appendix II.

(4) The contracts for the purchase of the Products and/or the Services shall be concluded in Japanese Yen between the Agent and Japanese nationals, unless otherwise agreed upon between, the authorities concerned of the two Governments (The term "Japanese nationals" in the present Agreed Minutes on Procedural Details means Japanese physical persons or Japanese juridical persons controlled by Japanese physical persons, and registered in Japan.).

(6) The Recipient shall take necessary measures to expedite utilization of the Grant and its accrued interest, including facilitation of the existing import procedures.

(1) After the date of entry into force of the Exchange of Notes, the two Governments shall appoint their representatives who will be members of a consultative committee (hereinafter referred to as “the Committee”), the role of which shall be to discuss any matter that may arise from or in connection with the Exchange of Notes, The Agent shall appoint its representative who will participate in the Committee meetings as an adviser.

(3) The terms of reference of the Committee shall be as set forth in Appendix V.

4. Disbursement Procedure

(1) The Recipient (or its designated authority) and the bank in Japan referred to in sub-paragraph (1) of paragraph 3 of the Exchange of Notes (hereinafter referred to as "the Bank") shall conclude an arrangement regarding transfer of funds in which the Recipient shall designate the Agent as the representative acting in the name of the Recipient concerning all transfers of funds to the Agent.

(3) Pursuant to the Agent's request as per sub-paragraph (2) above, the Bank shall notify the Recipient of the request made by the Agent. The Bank shall pay the amount to the Agent from the account referred to in sub-paragraph (1) of paragraph 3 of the Exchange of Notes (hereinafter referred to as “the Account”) unless the Recipient makes opposition to such payment within ten working days after the notification by the Bank. The Agent shall make payments to suppliers of the Products and/or the Services from the funds received (hereinafter referred to as "the Advances”) in accordance with the terms of the contracts with them.

(4) When the total of the remaining amount in the account of the Agent thereinafter referred to as "the Remaining Amount") is less than three per cent (3%) of the Grant and its accrued interest, the Recipient may request the Agent to reimburse the Remaining Amount to the Recipient for payments which have already been made by the Recipient for the procurement of the Products and/or the Services and have not been covered by the Grant and its accrued interest, provided that such payments have been made on or after the date of entry into force of the Exchange of Notes.

(5) With respect to (a) of sub-paragraph (1) of paragraph 5 of the Exchange of Notes, no further disbursement shall be made after the period mentioned in the said sub-paragraph expires, unless otherwise agreed between the authorities concerned of the two Governments.

With respect to (a) of sub-paragraph (1) of paragraph 5 of the Exchange of Notes, when the Government of Japan finds, upon the receipt of the final report, that the use of the Grant and its accrued interest is incomplete, it shall notify the Recipient of the procedures for refunding of the remaining amount in the Account and the Remaining Amount. The Recipient shall refund such amount to the Government of Japan without delay through such proceduree as notified above.

Hanoi, September 7, 2020

NGUYEN THANH LONG
Acting Minister of Health
of the Socialist Republic
of Viet Nam

YAMADA TAKIO
Ambassador Extraordinary
and Flenipotentiary of Japan
to the Socialist Republic
of Viet Nam

Appendix I

List of Eligible Products and/or Services and Eligible Source Countries

(1) Eligible Products

- Related equipment and/or materials for operation and maintenance of medical equipment

(2) Eligible Services

- Training services and other necessary services for operation and maintenance of medical equipment

2. Eligible Source Countries

Appendix II

Scope of the Agent's Services

2. Ensuring that the Recipient and the end-users fully understand the procedures to be employed, where necessary

(2) Preparation of the procurement documents appropriate to the type and value of the Products and/or the Services to be procured

(4) Evaluation if offers, including both technical and financial considerations

4. Receipt and utilization of the Advances in accordance with the employment contract with the Recipient referred to in sub-paragraph (3) of paragraph 2 of the Agreed Minutes on Procedural Details

6. Checking the progress of supplies to ensure that delivery dates are met

8. Payment to suppliers from the Advances

(1) Certificate of Eligible Procurement as per Appendix III

10. Preparation of quarterly statue reports for the two Governments, covering enquiries, orders, order status, values and delivery information

12. Submission to the Government of Japan of an overall evaluation report including details of all the Products and/or the Services shipped, source country, delivery date, value of the Products and/or the Services (including relevant charges) and total amounts disbursed and remaining

Appendix III

Certificate of Eligible Procurement

With reference to the pro forma invoice attached hereto, we hereby certify that the procurement complies with all the relevant terms and conditions of the Exchange of Notes between the Government of Japan and the Government of the Socialist Republic of Viet Nam dated September 7, 2020, and the Agreed Minutes on procedural Details between the two Governments dated September 7, 2020.

1. Method of Procurement

a. _________: Competitive Bidding

c. _________: Shopping

2. Products and/or Services

b. Origin:

a. Products and/or Services:

c  Marine Insurance:

e. Total (a+b+c+d):

Name:

Nationality:

5. Consignee

Address:

(Signature)

The Agent
Name Title

Appendix IV

Certificate of Eligible Procurement for the Remaining Amount
(Reimbursement Procedure)

The undersigned representative of the Recipient further certifies that the Recipient has neither heretofore applied for reimbursement under the said Exchange of Notes nor for any other financing arrangements with other sources of official assistance in respect of any of the amount requested for reimbursement as covered by the payment order.

Appendix V

Terms of Reference of the Committee

2. To exchange views on allocations of the Grant and its accrued interest as well as on potential end-users

4. To exchange views on publicity related to the utilization of the Grant and its accrued interest