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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 Thỏa thuận 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

AGREEMENT BETWEEN

THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND
THE UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION (UNESCO)

CONCERNING THE ESTABLISHMENT IN HANOI, VIET NAM, OF THE INTERNATIONAL CENTRE OF PHYSICS, AS A CENTRE UNDER THE AUSPICES OF UNESCO (CATEGORY 2)

Further noting the constituent elements of the mandate set for the International Basic Sciences Programme (IBSP);

Recognizing the need and opportunity for cooperation in the basic sciences, particularly in physics, with Viet Nam institutions and between these institutions and other countries, particularly in Asia and the Pacific;

Desirous of defining the terms and conditions governing the framework of cooperation with UNESCO that shall be granted to the said Centre in this Agreement;

Article 1 - Definitions

(a) “UNESCO” refers to the United Nations Educational, Scientific and Cultural Organization.

(c) “Center” means the international Centre of Physics

(e) “VAST” refers to the Viet Nam Academy of Scienca and Technology

(g) “ICTP” refers to the International Centre for Theoretical Physics, a Category 1 Centre of UNESCO.

Article 2 - Establishment

Article 3 - Purpose of the Agreement

Article 4 - Legal Status

2. The Government shall ensure that the Centre enjoys within its territory the functional autonomy necessary for the execution of its activities and the legal capacity to:

- institute legal proceedings; and,

Article 5 - Constitutive Act

(a) the legal status granted to the Centre within the national legal system, as well as the legal capacity necessary to exercise its functions and to receive funds, obtain payments for services rendered and acquire all means necessary for its functioning;

Article 6 - Objectives and Functions of the Centre

(a) undertake research and training in physics at the highest international standards;

(c) support research in those countries in Asia-Pacific and in the least developed countries in Africa, where physical research is not yet well- developed; and,

2. The functions of the Centre shall be to develop training and regional capacity-building activities with a focus on:

(b) scientific events and knowledge transfer through short-term activities, developed in cooperation with UNESCO's IBSP, ICTP and other scientific institutions, including schools, workshops, conferences and seminars compatible with UNESCO programmes.

Article 7-Governing Board

(a) a representative of the Viet Nam Academy of Science and Technology (VAST), who will chair the board;

(c) a representative of the institute of Physics (IoP);

(e) the Director of the ICTP or his/her representative, nominated by the UNESCO Director-General;

2. The Governing Board shall:

(b) approve the annual work plan of the Centre, including the staffing table;

(d) examine the pericdio independent audlt reports of the financial statements or the Centre and monitor the provision of such accounting records necessary for the preparation of financial statements;

(f) decide on the participation of regional intergovernmental organizations and international organizations in the work of the Centre.

4. The Governing Board shall adopt its own rules of procedure. For its first meeting the procedure shall be established by the Government and UNESCO.

Article 8 - UNESCO’s Contribution

(a) providing the assistance of its experts in the specialized fields of the Centre;

(c) seconding members of its staff temporarily as may be decided by the Director- General on an exceptional basis and if justified by the implementation of a joint activity/project within a strategic program priority area.

Article 9 - Contribution by the Government

2. The Centre's infrastructure and permanent personnel are provided by VAST and IoP, on behalf of the Government.

(a) allocate to the Centre an annual budget sufficient to ensure the Centre's activities based on its approved annual work plan;

(c) help the Centre to undertake various fund-raising activities from other national and international institutions/organizations;

Articles 10- Participation

2. Member States and Associate Members of UNESCO wishing to participate in the Centre’s activities as provided for under this Agreement, shall send to the Centre notification to this effect. The Director of the Centre shall inform the Governing Board, the Government, UNESCO and other Member Stales of the receipt of with notifications.

Article 11 - Responsibility

Acticle 12 - Evaluation

(a) whether the Centre makes a significant contribution to UNESCO's strategic programme objectives and expected results aligned with the four- year programmatic period of the C/5 document (Programme and Budget), including the two global priorities of UNESCO, and related sectoral or programme priorities and themes;

2. UNESCO shall, for the purpose of the review of this Agreement, conduct an evaluation of the contribution of the Centre to UNESCO's strategic programme objectives, to be funded by the host country or Centre.

4. Following the results of an evaluation, each of the Parties shall have the option of requesting a revision of its contents or of denouncing the Agreement, as envisaged in Articles 16 and 17

Article 13 - Use of the UNESCO Name and Logo

Article 14 - Entry into Force

Article 15 - Duration

Article 16 - Denunciation

2. The denunciation shall take effect within 30 days following receipt of the notification sent by one of the Parties to the other.

Article 17 - Revision

Article 18 - Settlement of Disputes

2. The tribunal's decision shall be final.

DONE in two copies in English, in Hanoi, on 25 August, 2017.

For the Government of
the Socialis Republic of Viet Nam

For the United Nations Educational,
Scientific and Cultural Organization (UNESCO)