THÔNG BÁO

VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC

khoản 3 Điều 47 của Luật Ký kết, gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại giao trân trọng thông báo:

Bộ Ngoại giao trân trọng gửi bản sao điều ước quốc tế theo quy định tại Điều 68 của Luật nêu trên./.

TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ
PHÓ VỤ TRƯỞNG




Nguyễn Thị Minh Nguyệt

HANOI CITY PEOPLE’S COMMITTEE

Hanoi, March 14, 2014

I have the honour to acknowledge the receipt of your Note of today’s date, which reads as follows:

1. For the purpose of contributing to promotion of the economic and social development efforts by the Government of the Socialist Republic of Viet Nam, the Government of Japan shall extend to the Government of the Socialist Republic of Viet Nam, in accordance with the relevant laws and regulations of Japan, a grant of five hundred million Japanese Yen (¥500,000,000) (hereinafter referred to as “the Grant”).

Mr. HIDEO SUZUKI
Charge d’ Affaires ad interim of Japan

(2) The list mentioned in sub-paragraph (1) above will be subject to modifications which may be agreed upon between the authorities concerned of the two Governments.

3. (1) The Government of the Socialist Republic of Viet Nam shall open a yen ordinary deposit account at a bank in Japan in the name of the Government of the Socialist Republic of Viet Nam (hereinafter referred to as “the Account”) immediately after the date of entry into force of the present understanding and shall notify in writing the Government of Japan of the completion of the procedure for opening the Account by March 14, 2014.

4. The Government of Japan shall execute the Grant by making payment in Japanese yen of the amount referred to in paragraph 1 to the Account during the period between the date of receipt of the written notification referred to in sub-paragraph (1) of paragraph 3 and March 31, 2014. The period may be extended by mutual consent between the authorities concerned of the two Governments.

(a) to ensure that the Grant and its accrued interest be completely disbursed from the Account to be ready for the procurement of goods or services within a period of twelve months after the date of the execution of the Grant unless the period is extended by mutual consent between the authorities concerned of the two Governments and to refund the amount remaining in the Account after the period to the Government of Japan;

(c) to ensure that the Grant and its accrued interest be used properly and effectively for promotion of the economic and social development efforts;

(e) to give due environmental and social consideration in the uses of the Grant and its accrued interest.

(3) The products purchased under the Grant and its accrued interest shall not be re-exported from the Socialist Republic of Viet Nam.

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 avail myself of this opportunity to extend to you the assurance of my high consideration.”

I avail myself of this opportunity to extend to you the assurance of my high consideration.

Nguyen The Thao
Chairman of
Hanoi City People's Committee

EMBASSY OF JAPAN
HANOI

Hanoi, March 14, 2014

I have the honour to refer to the recent discussions held between the representatives of the Government of Japan and of the Government of the Socialist Republic of Viet Nam concerning Japanese economic cooperation to be extended with a view to strengthening friendly and cooperative relations between the two countries, and to propose on behalf of the Government of Japan the following understanding:

2. (1) The Grant and its accrued interest shall be used by the Government of the Socialist Republic of Viet Nam properly and exclusively for the purchase of products and services enumerated in a list to be mutually agreed upon between the authorities concerned of the two Governments, provided that such products are produced in and such services are supplied from eligible source countries, as well as for the purchase of services incidental to the said products and services.

3. (1) The Government of the Socialist Republic of Viet Nam shall open a yen ordinary deposit account at a bank in Japan in the name of the Government of the Socialist Republic of Viet Nam (hereinafter referred to as “the Account” ) immediately after the entry into force of the present understanding and shall notify in writing the Government of Japan of the completion of the procedure for opening the Account by March 14, 2014.

4. The Government of Japan shall execute the Grant by making payment in Japanese yen of the amount referred to in paragraph 1 to the Account during the period between the date of receipt of the written notification referred to in sub-paragraph (1) of paragraph 3 and March 31, 2014. The period may be extended by mutual consent between the authorities concerned of the two Governments.

(a) to ensure that the Grant and its accrued interest be completely disbursed from the Account to be ready for the procurement of goods or services within a period of twelve months after the date of the execution of the Grant unless the period is extended by mutual consent between the authorities concerned of the two Governments and to refund the amount remaining in the Account after the period to the Government of Japan;

(c) to ensure that the Grant and its accrued interest be used properly and effectively for promotion of the economic and social development efforts:

(e) to give due environmental and social consideration in the uses of the Grant and its accrued interest.

(3) The products purchased under the Grant and its accrued interest shall not be re-exported from the Socialist Republic of Viet Nam.

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 avail myself of this opportunity to extend to you the assurance of my high consideration.

HIDEO SUZUKI
Charge d’ Affaires ad interim of Japan

Agreed Minutes on Procedural Details

1. List of Eligible Products and services

2. Eligible Source Countries

3. Procurement

(2) In order to ensure compliance with such requirements, it is required that the Recipient employ an independent and competent agent for procurement of the products and services referred to in sub-paragraph (1) of paragraph 2 of the Exchange of Notes.

(3) The said employment contract shall become effective upon the approval of the Donor in a written form.

(5) The Components shall be procured in accordance with the “Procurement Guidelines of Japan's Non-Project Gram Aid”, which set forth, inter alia, the procedures of tendering to be followed except where such procedures are inapplicable or inappropriate.

4. The Committee

(2) The Committee shall be chaired by the representative of the Recipient. Representatives of other organizations than the Agent may, when necessary, be invited to participate in the Committee meetings to provide advisory services.

(4) The first meeting of the Committee shall be held immediately after the approval of the Donor of the employment contract referred to in sub-paragraph (2) of paragraph 3 above. Further meetings will be held upon request of either the Recipient or the Donor. The Agent may advise the Recipient and the Donor on the necessity to call a meeting of the Committee.

Disbursement procedure relating to the procurement of the Components and incidental services including the Agent’s fees under the Grant and its accrued interest shall be as follows;

(2) The Agent shall make requests to the Bank for transferring of funds to cover expenses necessary for the procurement of eligible Components and incidental services and the Agent's related services set forth in Appendix II. Each of the requests shall be accompanied by a detailed estimate of the expenses which is to be covered by the funds transferred and a copy of the approval by the Donor of the contract referred to in sub-paragraph (3) of paragraph 3 above. A copy of the request and of the estimation shall be sent at the same time to the Recipient.

After such payments, the Agent may use the remaining amount of the Advances, if any, for the procurement of other eligible Components and incidental services without transferring the said amount back to the Account.

When the total of the remaining amount in the Account and the remaining amount of the Advances (hereinafter referred to collectively as “the Remaining Amount”) is less than 3% of the Grant and its accrued interest excluding the Agent’s fees, 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 services, which contribute to promotion of the economic and social development of the Socialist Republic Viet Nam, provided that such payments have been made on or after the date of entry into force of the Exchange of Notes. The eligible source countries of such products and/or services may be all countries and areas except the Socialist Republic of Viet Nam, notwithstanding the provisions of paragraph 2 above.

(5) With respect to (a) of sub-paragraph (1) of paragraph 5 of the Exchange of Notes, disbursements from the Account shall be made within a twelve-month period after the date of the execution of the Grant, and no further disbursement shall be made thereafter, 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 Donor finds, upon the receipt of the termination report pursuant to (d) of sub-paragraph (1) of paragraph 5 of the Exchange of Notes, 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 of the Grant and its accrued interest. The Recipient shall refund the said remaining amount to the Donor without delay through such procedures as notified above.

(1) The Recipient shall take necessary measures:

(b) to ensure that the Components be maintained and used properly and effectively for promotion of the economic and social development efforts; and

(2) The Recipient shall inform the Donor through the Agent of the situation of the utilization referred to in sub-paragraph (1)(a) above upon request by the Donor.

Hanoi, March 14, 2014

Appendix I

LIST OF ELIGIBLE PRODUCTS AND SERVICES (COMPONENTS)

- Related equipment, materials, civil engineering, training services and other necessary services for operation and maintenance of next-generation eco-friendly vehicles

Appendix II

Scope of the Agent's Services

2. Provision of information and advice to the Committee meetings

4. (1) Preparation of specifications of the Components for the Recipient, including, where necessary, detailed discussions with the end-users

(3) Advertisement of bids, where the competitive bidding is to be held, the wording of which is to be agreed upon between the Recipient and the Donor

(5) Submission of recommendations to the Recipient for approval to place order with suppliers

6. Negotiation and conclusion of contracts with suppliers, including satisfactory payment, shipment and inspection arrangements

8. Providing the Recipient and end-users with documents containing detailed information of progress of orders, notification of orders placed, amendments to contracts, delivery information, shipping documents, etc.

10. Providing the following documents to the Recipient and the Donor;

(2) Pro forma invoice

12. Submission of quarterly statements to the Recipient and the Donor detailing balance against the Grant and its accrued interest and all disbursements for the quarter

14. Submission to the Donor of an overall evaluation report including details of all the Components shipped, source country, delivery date, value of the Components (including relevant charges) and total amounts disbursed and remaining

Appendix Ill

Certificate of Eligible Procurement

                                                                                                            Ref. No.:

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 March 14, 2014 and the Agreed Minutes on Procedural Details between the authorities concerned of the two Governments dated March 14, 2014.

1. Method of Procurement

a. _____________: Competitive Bidding

c. _____________: Shopping

2. Components

b. Origin:

a. Components:

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)

                                                                                                            Ref. No.:

The undersigned recipient representative further certifies that the Recipient has neither heretofore applied for reimbursement under the 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.

1.

2.

3.

4.

5.

6.

7.

8.

9.

Transaction

Purchaser

Supplier (name)

Nationality of Supplier

Products and/or Services

Origin

Date of Payment

Amount of Payment

Method of Procurement

1.

2.

3.

4.

.

.

.

a. Covering letter made by a negotiating/paying bank

c. Invoice

Authorized Signature
(the Recipient)
Name, Title

Authorized Signature
(the Agent)
Name, Title

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

Record of Discussions

1. With regard to paragraph 2 of the Exchange of Notes, the representative of the Japanese Delegation staled as follows:

2. 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, March 14, 2014