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BỘ
NGOẠI GIAO |
CỘNG
HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM |
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Số: 43/2020/TB-LPQT |
Hà Nội, ngày 18 tháng 6 năm 2020 |
THÔNG BÁO
VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC
Thực hiện quy định tại Điều 56 của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:
Hiệp định vay (các Nghiệp vụ thông thường [Ưu đãi]) cho Dự án Kỹ năng và kiến thức cho tăng trưởng kinh tế toàn diện giữa nước Cộng hòa xã hội chủ nghĩa Việt Nam và Ngân hàng Phát triển châu Á, số khoản vay 3761-VIE(COL), ký tại Hà Nội ngày 10 tháng 12 năm 2019, có hiệu lực từ ngày 05 tháng 6 năm 2020.
Bộ Ngoại giao trân trọng gửi bản sao Hiệp định theo quy định tại Điều 59 của Luật nêu trên./.
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TL.
BỘ TRƯỞNG |
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])
LOAN AGREEMENT dated 10 December 2019 between SOCIALIST REPUBLIC OF VIET NAM (“Borrower”) and ASIAN DEVELOPMENT BANK (“ADB”).
WHEREAS
(A) the Borrower has applied to ADB for a loan for the purposes of the Project described in Schedule 1 to this Loan Agreement;
(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;
(C) the Project will be carried out by the Ministry of Labour - Invalids and Social Affairs ("MOLISA"), and the Ministry of Industry and Trade (“MOIT”), in partnership with the Ministry of Constructions (“MOC”), Ministry of Agriculture and Rural Development (“MARD”), the Ministry of Transport (“MOT”), the selected TVET and Training Institutions (as defined herein), and for this purpose the Borrower will make available to MOLISA and TVET and Training Institutions a portion of the proceeds of the loan provided for herein upon terms and conditions satisfactory to ADB; and
(D) ADB has agreed to make a concessional loan to the Borrower from ADB’s ordinary capital resources upon the terms and conditions set forth herein and in the Project Agreement between ADB and the TVET and Training Institutions;
NOW THEREFORE the parties agree as follows:
ARTICLE I
Loan Regulations; Definitions
Section 1.01. All provisions of ADB’s Ordinary Operations (Concessional) Loan Regulations, dated 1 January 2017 (“Loan Regulations”), are hereby made applicable to this Loan Agreement with the same force and effect as if they were fully set forth herein, subject, however, to the following modifications:
(a) Section 2.01(w) is deleted and the following is substituted therefor:
"Project Agreement" means the prefect agreement of even date herewith between ADB and any end all of the following, Bac Ninh College of Electromechanics and Construction, Cao Thang Technical College, College of Industry and Technique, College of Industry and Trade, Dung Quat College of Technology, Fisheries and Technical Economics College, Hand College of Electro-Mechanics, Ho Chi Minh City College of Construction, Hue Industrial College, Maritime College No. 1, Mien Trung Industry and Trade College, Nam Dinh Industrial College, Phu Tho College of Electromechanics, The Central College of Transport 1, Vinh Long University of Technology Education, Vinh University of Technology Education, as such agreement may be amended from time to time;
(b) The term “Project Executing Agency appearing in Sections 6.01(a), 8.01(d), 8.01(f), 8.01(k), 9.01(c) and 9.02(c) of the Loan Regulations shall be substituted by the term “TVET and Training Institutions”.
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:
(a) "Consulting Guidelines" means the Guidelines on the Use of Consultants by Asian Development Bank and its Borrowers (2013, as amended from time to time);
(b) “Consulting Services” means the services to be financed out of the proceeds of the Loan as described in paragraph 3 of Schedule 1 to this Loan Agreement;
(c) “GAP” means the gender action plan prepared for the Project, including any update thereto, and agreed to between the Borrower and ADB;
(d) “Goods” means equipment and materials to be financed out of the proceeds of the Loan, including related services such as transportation, insurance, installation, commissioning, training, and initial maintenance, but excluding Consulling Services;
(e) "Indigenous Peoples Safeguards" means the principies and requirements set forth in Chapter V, Appendix 3, and Appendix 4 (as applicable) of the SPS;
(f) "Loan Disbursement Handbook" means ADB's Loan Disbursement Handbook (2017, as amended from time to time);
(g) “MARD TVET institutions” means technical and vocational education and training institutions, selected to participate in the Project as implementing partners under MOLISA's Project Implementation resposibility, namely, the following: Phu Tho College of Electromechanics, Fisheries and Technical Economics College, Bac Ninh College of Electromechanics and Construction, and Hanoi College of Electro-Mechanics;
(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;
(i) "MOIT" means the Borrower’s the Ministry of Industry and Trade that is responsible for implementing parts or components of the Project concerning MOIT TVET Institutions;
(j) “MOIT TVET Institutions” means technical and vocational education and training institutions under MOIT’s Project implementation responsibility, selected to participate in the Project as implementing partners, namely, the following: Nam Dinh Industrial College, College of Industry and Trade, College of Industry and Technique, Hue Industrial College, Cao Thang Technical College, and Mien Trung Industry and Trade College;
(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;
(l) “MOT 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: The Central College of Transport 1 and Maritime College No. 1;
(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;
(n) “Procurement Guidelines” means ADB’s Procurement Guidelines (2015, as amended from time to time);
(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;
(p) "Project Executing Agency" for the purposes of, and within the meaning of, the Loan Regulations means MOLISA or any successor thereto acceptable to ADB, which is responsible for the carrying out of the Project overall and for implementing parts or components of the Project concerning MOLISA TVET and Training institutions;
(q) “Project facilities” means the facilities to be improved, constructed or provided under the Project;
(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;
(s) “SPS” means ADB's Safeguard Policy Statement (2009);
(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
(u) “TVET and Training Institutions” means the MARD MOC MOIT MOT TVET institutions, and MOLISA TVET and Training Institutions.
ARTICLE II
The Loan
Section 2.01. (a) ADB agrees to tend to the Borrower from ADB's ordinary capital resources an amount of seventy-five million Dollars ($75,000,000).
(b) The Loan has a principal repayment period of 20 years, and a grace period as defined in subsection (c) hereinafter.
(c) The term “grace period” as used in subsection (b) hereinabove means the period prior to the first Principal Payment Date in accordance with the amortization schedule set forth in Schedule 2 to this Loan Agreement.
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 2.03. The interest charge and any other charge on the Loan shall be payable semiannually on 1 May and 1 November in each year.
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.
Section 2.05. The currency of repayment of the principal amount of the Loan and the currency of payment of the interest charge for the purposes of Sections 4.03(a) and 4.04 of the Loan Regulations shall be the Dollar.
ARTICLE III
Use of Proceeds of the Loan
Section 3.01. (a) The Borrower shall provide the proceeds of the Loan through (I) budgetary allocation and (II) relending to each of the TVET and Training institutions under Subsidiary Loan Agreement upon terms and conditions acceptable to ADB.
(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 3.02. The proceeds of the Loan shall be allocated and withdrawn in accordance with the provisions of Schedule 3 to this Loan Agreement, as such Schedule may be amended from time to time by agreement between the Borrower and ADB.
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.
Section 3.04. Withdrawals from the Loan Account in respect of Goods and Services shall be made only on account of expenditures relating to:
(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
(ii) Goods and Consulting Services which meet such other eligibility requirements as shall have been specified by ADB from time to time.
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.
Section 4.02. (a) The Borrower, through MOLISA, shall (i) maintain separate accounts and records tor the Project; (ii) prepare annual financial statements for the Project in accordance with financial reporting standards acceptable to ADB; (iii) have such financial statements audited annually by independent auditors whose qualifications, experience and terms of reference are acceptable to ADB, in accordance with auditing standards acceptable to ADB; (iv) as part of each such audit, have the auditors prepare a report, which includes the auditors' opinion(s) on the financial statements and the use of the Loan proceeds, and a management letter (which sets out the deficlencies in the internal control of the Project that were identified in the course of the audit, If any): and (v) furnish to ADB, no later than 6 months after the end of each related fiscal year, copies of such audited financial statements, audit report and management letter, all in the English language, and such other information concerning these documents and the audit thereof as ADB shall from time to time reasonably request.
(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.
(c) The Borrower, through MOLISA, shall enable ADB, upon ADB’s request, to discuss the financial statements for the Project and the Borrower's financial affairs where they relate to the Project with the auditors appointed pursuant to subsection (a)(iii) hereinabove, 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 Borrower, unless the Borrower shall otherwise agree.
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 4.04. The Borrower shall take all actions which shall be necessary on its part to enable the TVET and Training Institutions to perform their obligations under the Project Agreement and Subsidiary Loan Agreements, and shall not take or permit any action which would interfere with the performance of such obligations.
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 5.01. The following is specified as an additional condition to the effectiveness of this Loan Agreement for the purposes of Section 9.01(f) of the Loan Regulations: that the Grant Agreement shall have been duly executed and delivered, and all conditions precedent to its effectiveness (other than a condition requiring the effectiveness of this Loan Agreement) shall have been fulfilled.
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 6.01. The Minister of Finance of the Borrower is designated as representative of the Borrower for the purposes of Section 11.02 of the Loan Regulations.
Section 6.02. The following addresses are specified for the purposes of Section 11.01 of the Loan Regulations:
For the Borrower
Ministry of Finance
No. 28 Tran Hung Dao Street
Hoan Kiem District
Ha Noi, Viet Nam
Facsimile Number
(8424) 2220-8020
For ADB
Asian Development Bank
6 ADB Avenue
Mandaluyong City
1550 Metro Manila
Philippines
Facsimile Numbers:
(632) 636-2444
(632) 636-2228.
IN WITNESS WHEROF the parties hereto, acting through their representatives thereunto duly authorized, have caused this Loan Agreement to be signed in their respective names as of the day year first above written and to be delivered at the principal office of ADB.
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SOCIALIS
REPUBLIC OF VIET NAM |
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ASIAN
DEVELOPMENT BANK |