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:

Bản ghi nhớ giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ nước Cộng hòa Nam Phi về hợp tác trong lĩnh vực giáo dục đại học, ký tại Hà Nội ngày 14 tháng 12 năm 2023 có hiệu lực từ ngày 01/8/2024.

Bộ Ngoại giao trân trọng gửi Quý Cơ quan bản sao Bản ghi nhớ theo quy định tại Điều 59 của Luật nêu trên./.

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE GOVERNMENT OF THE

SOCIALIST REPUBLIC OF VIETNAM

AND

THE GOVERNMENT OF THE

REPUBLIC OF SOUTH AFRICA

ON COOPERATION IN THE FIELD OF HIGHER EDUCATION

PREAMBLE

The Government of the Socialist Republic of Vietnam and the Government of the Republic of South Africa (hereafter jointly referred to as the "Parties" and separately as a "Party");

CONVINCED that cooperation in the field of higher education constitutes one of the important spheres of their bilateral relations;

DESIROUS to promote cooperation between the two countries in the sphere of higher education and taking into account the significance of such cooperation for mutual understanding between the Parties; and

SEEKING to create a firm base for this cooperation,

HEREBY AGREE as follows:

ARTICLE 1

COMPETENT AUTHORITIES

The competent authorities responsible for the implementation of this Memorandum of Understanding (“MoU”) shall be—

(a) in case of the Republic of South Africa, the Department of Higher Education and Training; and

(b) in case of the Socialist Republic of Vietnam, the Ministry of Education and Training

ARTICLE 2

EXPANSION OF ACADEMIC RELATIONS

The Parties shall promote the expansion of academic and educational relations between the higher education institutions in their respective countries by encouraging the development of institutional collaboration and partnerships.

ARTICLE 3

EXCHANGE OF EDUCATIONAL DELEGATIONS

The Parties shall send delegations consisting of officials from their competent authorities to each other’s countries, in order for the respective competent authorities to familiarise themselves with the educational systems of the respective countries.

ARTICLE 4

EXCHANGE PROGRAMMES FOR EDUCATIONAL PURPOSES

The Parties shall encourage—

(a) the higher education institutions of their respective countries to conduct exchange programmes for educational purposes, including the visits of researchers, specialists, academics and students; and

(b) joint research and development of projects on various areas of mutual interest between the higher education institutions including agriculture, maritime studies, engineering, science, humanities and social sciences.

ARTICLE 5

EXCHANGE OF EDUCATIONAL INFORMATION

(1) The Parties shall promote the exchange of information and research publications in the fields of open and distance learning, teacher education, higher education planning and management, information communication and technology and general education.

(2) The Parties shall exchange information on degree recognition and educational quality accreditation.

(3) Any exchange of educational information in terms of this Article shall be subject to, and in accordance with, relevant international agreements joined as members by Vietnam and South Africa.

ARTICLE 6

RECOGNITION OF QUALIFICATIONS

The Parties shall, on a reciprocal basis, recognise the academic qualifications conferred by the institutions of higher learning of the other Party, subject to and in accordance with the applicable domestic law in force in their respective territories.

ARTICLE 7

JOINT WORKING GROUP

(1) The Parties shall establish a Joint Working Group (“JWG”) to oversee the implementation of this MoU, and shall identify two officials per country from their respective competent authorities to serve on a JWG.

(2) The JWG shall meet at least once a year, alternately in Vietnam and South Africa, or as the Parties may determine, to review the implementation of this MoU.

(3) The Party hosting the meeting shall be the chair of the meeting and shall be responsible for the preparation and distribution of the agenda, the organisation of the venue of the meeting, as well as the recording and distribution of the minutes.

(4) The JWG shall determine its own procedures for meetings.

(5) The Parties undertake to develop an implementation plan of action indicating specific activities, outputs and deadlines for the purposes of implementing programmes and projects organised under this MoU.

ARTICLE 8

FINANCIAL MATTERS

(1) Each Party shall bear the costs of its own delegation’s attendance at consultations, including travel, accommodation and subsistence, unless the Parties agree otherwise in writing.

(2) When consultations are held in the country of a Party, the costs of the organisation thereof, including the costs for providing the venue and all secretarial and administrative services, shall be borne by that host country.

(3) Each Party shall bear the costs and expenses of its participation in activities under this MoU. Each Party shall carry out activities under this MoU subject to the availability of funds, personnel and others resources of the Parties.

ARTICLE 9

AMENDMENTS

(1) This MoU may be amended at any time by mutual consent of the Parties through an Exchange of Notes between the Parties through the diplomatic channel.

(2) Such amendments and supplements to this MoU, shall be integral parts of this MoU.

ARTICLE 10

SETTLEMENT OF DISPUTES

Any disputes arising out of the interpretation, application or implementation of this MoU shall be settled amicably through consultation or negotiations between the Parties through the diplomatic channel.

ARTICLE 11

ENTRY INTO FORCE, DURATION AND TERMINATION

(1) This MoU shall enter into force on the date on which the Parties have notified each other, in writing, through the diplomatic channel, of their compliance with the domestic law requirements necessary for the entry into force of this Agreement. The date of entry into force shall be the date of the last notification.

(2) This MoU shall remain in force for a period of one (1) year and shall be renewed automatically for additional periods of one year at a time, unless terminated by either Party by giving six (6) months’ written notice in advance, through the diplomatic channel, to the other Party of its intention to terminate the MoU.

(3) The termination of this MoU shall not affect the implementation of programmes, projects or activities commenced before the date of the termination of this MoU, until the conclusion of such programmes, projects or activities.

IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed and sealed this MoU in duplicate in the English language, both texts being equally authentic.

DONE at Pretoria on this 6^th day of December 2023 and at Hanoi on this 14^th day of December 2023.