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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

GRANT NUMBER 0636-VIE(SF)

GRANT AGREEMENT
(Special Operations)

(Local Health Care for Disadvantaged Areas Sector Development Program)

BETWEEN SOCIALIST REPUBLIC OF VIET NAM  AND ASIAN DEVELOPMENT BANK

DATED 6 AUGUST 2019

GRANT AGREEMENT
(Special Operations)

WHEREAS

(B) in support of the Program, the Recipient has applied to ADB for a grant for the purposes of the Project described in Schedule 1 to this Grant Agreement (“Project”); and

NOW THEREFORE the parties agree as follows:

ARTICLE I

Grant Regulations; Definitions

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

(b) “Consulting Services” means consulting services as described in the Procurement Regulations and set out in the Procurement Plan, and to be financed out of the proceeds of the Grant;

(d) “EA” or “Project Executing Agency” means MOH or any successor thereto acceptable to ADB, which is responsible for carrying out of the Project;

(f) "GAP" means the gender action plan prepared for the Project, including any update thereto, and agreed to between the EA and ADB;

(h) “Indigenous Peoples Safeguards” means the principles and requirements set forth in Chapter V, Appendix 3 and Appendix 4 (as applicable) of the SPS;

(j) “MOH" means the Ministry of Health of the Recipient or any successor thereto;

(l) “PAM” means the project administration manual for the Project dated 13 November 2018 and agreed between the Recipient, through MOH, and ADB, as updated from time to time in accordance with the respective administrative procedures of the Recipient and ADB;

(n) “Procurement Policy” means: ADB’S Procurement Policy - Goods, Works, Nonconsulting and Consulting Services (2017, as amended from time to time);

(p) “Safeguard Monitoring Report” means each report prepared and submitted by the EA to ADB that describes progress with implementation of and compliance with the EMDP, including any corrective and preventative actions;

(r) "SPS" means ADB’s Safeguard Policy Statement (2009).

ARTICLE II

The Grant

ARTICLE III

Use of Proceeds of the Grant

Section 3.02. The proceeds of the Grant shall be allocated and

Section 3.03. Except as ADB may otherwise agree, the Recipient shall procure, or cause to be procured, the items of expenditure to be financed out of the proceeds of the Grant in accordance with the provisions of Schedule 3 to this Grant Agreement.

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

Section 3.05. The Grant Closing Date for the purposes of Section 8.02 of the Grant Regulations shall be 30 September 2025 or such other date as may from time to time be agreed between the Recipient and ADB.

ARTICLE IV

Particular Covenants

Section 4.02. (a) The Recipient, through MOH, shall (i) maintain or cause to be maintained, separate accounts and records for the Project; (ii) have such accounts and related financial statements audited annually, in accordance with appropriate auditing standards consistently applied, by independent auditors whose qualifications, experience and terms of reference are acceptable to ADB; (iii) furnish to ADB, as soon as available but in any event not later than 6 months after the end of each related fiscal year, certified copies of such audited accounts and financial statements and the report of the auditors relating thereto (including the auditors’ opinion on the use of the Grant proceeds, the advance account and SOE procedures), all in the English language; and (iv) furnish to ADB such other information concerning such accounts and financial statements and the audit thereof as ADB shall from time to time reasonably request.

(c) The Recipient, through MOH, shall enable ADB, upon ADB’s request, to discuss the financial statements for the Project and the Recipient's financial affairs where they relate to the Project with the auditors appointed pursuant to subparagraph (a) hereabove, and shall authorize and require any representative of such auditors to participate in any such discussions requested by ADB. This is provided that such discussions shall be conducted only in the presence of an authorized officer of the Recipient unless the Recipient shall otherwise agree.

ARTICLE V

Suspension

suspension of the right of the Recipient to make withdrawals from the Grant Account for the purposes of Section 8.01(k) of the Grant Regulations: the Recipient shall have failed to perform any of its obligations under the Program Loan Agreement.

ARTICLE VI

Effectiveness

Section 6.02. A date 90 days after the date of this Grant Agreement is specified for the effectiveness of this Grant Agreement for the purposes of Section 9.04 of the Grant Regulations.

ARTICLE VII

Miscellaneous

Section 7.02. The following addresses are specified for the purposes of Section 11.01 of the Grant Regulations:

Ministry of Finance

Hoan Kiem District

Facsimile Number:

For ADB

6 ADB Avenue

1550 Metro Manila

Facsimile Numbers:

(632) 636-2305.

SCHEDULE 1

Description of the Project

2. The Project shall support the Program's reform areas in six target provinces (Tuyen Quang, Phu Tho, Dak Nong, Gia Lai, Quang Nam and Soc Trang) and shall comprise:

(a) equipping DHCs with preventive and curative functions to deliver health services;

(c) equipping DHCs to meet the service delivery requirements of the family medicine model.

(a) piloting implementing service models for disease surveillance and response, primary health care, family medicine principles; and

Component 3: Strengthening the Local Health Care Workforce Financing, Management and Development

(b) providing recommendations for further policy reforms for local health care delivery; and

3. The Project is expected to be completed by 31 March 2025.

SCHEDULE 2

Allocation and Withdrawal of Grant Proceeds

1. The table attached to this Schedule sets forth the Categories of items of expenditure to be financed out of the proceeds of the Grant and the allocation of the Grant proceeds to each such Category (“Table”). (Reference to “Category” in this Schedule is to a Category or Subcategory of the Table.)

2. Except as ADB may otherwise agree, the proceeds of the Grant shall be allocated to items of expenditure, and disbursed on the basis of the withdrawal percentage for each item of expenditure, as set forth in the Table.

3. Notwithstanding the allocation of Grant proceeds and the withdrawal percentages set forth in the Table,

(b) if the amount of the Grant allocated to any Category appears to exceed all agreed expenditures in that Category, ADB may, in consultation with the Recipient, reallocate such excess amount to any other Category.

4. Except as ADB may otherwise agree, the Grant proceeds shall be disbursed in accordance with the Loan Disbursement Handbook.

Attachment to Schedule 2

TABLE

SCHEDULE 3

Execution of Project; Financial Matters

1. The Recipient and the EA shall ensure that the Project is implemented in accordance with the detailed arrangements set forth in the PAM. Any subsequent change to the PAM shall become effective only after approval of such change by the Recipient and ADB. In the event of any discrepancy between the PAM and this Grant Agreement, the provisions of this Grant Agreement shall prevail.

2. The Recipient shall, and shall cause the EA to, ensure that:

(b) Goods and Services will be procured based on the detailed arrangements set forth in the Procurement Plan, including the procurement and selection methods, the type of bidding documents, and ADB's review requirements. The Recipient shall, and shall cause the EA to, modify the detailed arrangements set forth in the Procurement Plan only with the prior agreement of ADB, and such modifications must be set out in updates to the Procurement Plan; and

Medical and IT Equipment

Health Facility Waste Management

Project Budget & Counterpart Support

6. The Recipient shall, and shall cause the EA to, ensure that each Project provincial health bureau submits to the EA, their respective annual operational plans and budgets for the health sector, including the annual work plans and budgets for the Project, in each case based on the format to be agreed between the concerned parties. The EA shall inform ADB of the approval of such annual plans. In particular, the annual operations plans for the Project will include plans and budgets for implementation of the EMDP.

7. The Recipient shall, and shall cause the EA to, ensure that the Project has only minimal or no environmental impact, does not have any involuntary resettlement or any adverse ethnic peoples impact, all within the meaning of the SPS. In the event that the Project does have any such impact, or in the case of environment it results in more than a minimal impact, the Recipient shall, and shall cause the EA to, take all steps required to ensure that the Project complies with the applicable laws and regulations of the Recipient and with the SPS.

Human and Financial Resources to implement Safeguards Requirements

Safeguards Monitoring and Reporting

(a) submit semi-annual Safeguards Monitoring Reports to ADB and disclose relevant information from such reports to effected persons promptly upon submission;

(c) report any actual or potential breach of compliance with the measures and requirements set forth in the EMDP promptly after becoming aware of the breach.

11. The Recipient shall, and shall cause the EA to, ensure that no proceeds of the Grant is used to finance any activity included in the list of prohibited investment activities provided in Appendix 5 of the SPS.

12. The Recipient shall, and shall cause the EA to, ensure that (a) the GAP is implemented in accordance with its terms; (b) the bidding documents and contracts include relevant provisions for contractors to comply with the measures set forth in the GAP;

Financial Management

Governance and Anticomiption

15. The Recipient shall, and shall cause the EA to, ensure that the anticorruption provisions acceptable to ADB are included in all bidding documents and contracts, including provisions specifying the right of ADB to audit and examine the records and accounts of the EA and all contractors, suppliers, consultants, and other service providers as they relate to the project