BỘ NGOẠI GIAO -------	CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM Độc lập - Tự do - Hạnh phúc ---------------
Số: 09/2020/TB-LPQT	Hà Nội, ngày 10 tháng 02 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:

Công hàm trao đổi giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Nhật Bản về phí dự án Cung cấp thiết bị phần cứng của Hệ thống thông tin báo cáo Chính phủ do Chính phủ Nhật Bản tài trợ, ký tại Hà Nội, ngày 09 tháng 01 năm 2020, có hiệu lực từ ngày 09 tháng 01 năm 2020.

Bộ Ngoại giao trân trọng gửi bản sao Công hàm 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

 

Hanoi, January 9, 2020

Excellency,

I have the honour to refer to the recent discussions held between the representatives of the Governnent of Japan and of the Government of the Socialist Republic of Viet Nam (hereinafter referred to as "the Recipient") concerning Japanese economic cooperation to be extended with a view to promoting the economic and social development of the Socialist Republic of Viet Nam, and to propose on behalf of the Government "of Japan the following understanding:

1. For the purpose of contributing to the implementation of the Economic and Social Development Programme (hereinafter referred to as "the Programme") by the Recipient, the Government of Japan shall extend to the Recipient, subject to the relevant laws and regulations and budgetary appropriations of Japan, a grant of five hundred million Japanese Yen (¥500,000,000) (hereinafter referred to as "the Grant").

2. (1) The Grant and its accrued interest shall be used by the Recipient properly and exclusively for the purchase of the products and/or services necessary for the implementation of the Programme, enumerated in a list to be mutually agreed upon between the authorities concerned of the two Governments (hereinafter respectively referred to as the "Products" and the "Services"), as well as for the payment of such fees necessary for the implementation of the Programme, provided that the Products are produced in eligible source countries and the Services are provided by nationals of eligible source countries.

(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) The scope of the eligible source countries mentioned in sub-paragraph (1) above shall be agreed upon between the authorities concerned of the two Governments.

3. (1) The Recipient shall open a yen ordinary deposit account at a bank in Japan in the name of the Recipient (hereinafter referred to as "the Account") within fourteen days 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 within seven days after the date of the opening of the Account.

His Excellency

Mr. Mai Tien DUNG

Minister, Chairman

of the Office of the Government

of the Socialist Republic of Viet Nam

(2) The sole purpose of the Account is to receive the payment in Japanese Yen by the Government of Japan referred to in paragraph 4 as well as to make payments necessary for the purchase of the Products and/or the Services, and such other payment as may be agreed upon between the authorities concerned of the two Governments.

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, 2020. The period may be extended by mutual consent between the authorities concerned of the two Governments.

5. (1) The Recipient shall take necessary measures:

(a) to ensure that the Grant and its accrued interest be completely disbursed from the Account to be ready for the purchase of the Products and/or the Services and for the payment of the fees referred to in sub-paragraph (1) of paragraph 2 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 remaining amount upon the completion of the Programme to the Government of Japan;

(b) to ensure that customs duties, internal taxes and other fiscal levies which may be imposed in the country of the Recipient with respect to the payment carried out for and the Income accruing from the supply of the Products and/or the Services be exempted or be borne by its designated authority and shall not be covered by the Grant;

(c) to give due environmental and social consideration in the use of the Grant and its accrued interest;

(d) to present to the Government of Japan a report prepared in a written form acceptable to the Government of Japan on the transactions on the Account together with copies of contracts, vouchers and other documents concerning the relevant transactions without delay when the Grant and its accrued interest are completely used for the purchase of the Products and/or the Services and for the payment of the fees referred to in sub-paragraph (1) of paragraph 2, or upon request by the Government of Japan;

(e) to ensure that the Products and/or the Services be maintained and used properly and effectively for the implementation of the Programme, and not be used for military purposes;

(f) to ensure that the Products and/or the Services be utilized, in principle, by end-users including the Recipient itself, for non-commercial purposes;

(g) to ensure prompt unloading, customs clearance and internal transportation in the country of the Recipient of the Products;

(h) to accord the Japanese physical persons and/or physical persons of third countries, whose services may be required in connection with the supply of the Products and/or the Services such facilities as may be necessary for their entry into the country of the Recipient and stay therein for the performance of their work;

(i) to ensure the safety of persons engaged in the implementation of the Programme in the country of the Recipient;

(j) to bear all the expenses, other than those covered by the Grant and its accrued interest, necessary for the implementation of the Programme; and

(k) to provide the Government of Japan with a final report on the Programme upon its completion.

(2) While ensuring fair treatment of sources of information, the Recipient shall provide the Government of Japan with necessary information, including information on corrupt practice, related to the Grant and its accrued interest.

(3) With regard to the shipping and marine insurance of the Products, the Recipient shall refrain from imposing any restrictions that may hinder fair and free competition among the shipping and marine insurance companies.

(4) The Products and/or the Services shall not be exported or re-exported from the country of the Recipient.

6. Further procedural details for the implementation of the present understanding shall be agreed upon through consultation between the authorities concerned of the two Governments.

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 have further the honour to propose that this Note and Your Excellency's Note in reply confirming on behalf of the Recipient the foregoing understanding shall constitute an agreement between the two Governments, which shall enter into force on the date of Your Excellency's Note in reply.

I avail myself of this opportunity to extend to Your Excellency the assurance of my highest consideration.

 

UMEDA Kunio Ambassador Extraordinary and plenipotentiary of Japan

 

Agreed Minutes on Procedural Details

With reference to the Exchange of Notes between the Government of Japan and the Government of the Socialist Republic of Viet Nam (hereinafter referred to as "the Recipient") dated January 9, 2020 concerning Japanese economic cooperation to be extended with a view to promoting the economic and social development of the Socialist Republic of Viet Nam (hereinafter referred to as "the Exchange of Notes"), the representatives of the Government of Japan and of the Recipient wish to record the following procedural details, as agreed upon between the authorities concerned of the two Governments:

1. List of Eligible Products and/or Services and Eligible" Source Countries

The products and/or the services referred to in sub-paragraph (1) of paragraph 2 of the Exchange of Notes (hereinafter respectively referred to as the "Products" and the "Services") and the eligible source countries referred to in sub-paragraph (3) of paragraph 2 of the Exchange of Notes shall be those enumerated in Appendix I.

2. Procurement

(1) The grant referred to in paragraph 1 of the Exchange of Notes (hereinafter referred to as "the Grant") and its accrued interest shall be used for the purchase of the Products and/or the Services as well as for such fees necessary for the implementation of the Economic and Social Development Programme (hereinafter referred to as "the Programme").

(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/or the Services.

The Recipient shall, therefore, conclude an employment contract, within three months after the date of entry into force of the Exchange of Notes, with Crown Agents Japan Limited(CA) (hereinafter referred to as "the Agent") to act on behalf of the Recipient in accordance with the Scope of the Agent's Services as set forth in Appendix II.

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

(4) The contracts for the purchase of the Products and/or the Services shall be concluded in Japanese Yen between the Agent and Japanese nationals, unless otherwise agreed upon between the authorities concerned of the two Governments (The term "Japanese nationals" in the present Agreed Minutes on Procedural Details means Japanese physical persons or Japanese juridical persons controlled by Japanese physical persons and registered in Japan.).

(5) The Products and/or the Services shall be procured in accordance with the procurement guidelines designated by the Government of Japan, which set forth, inter alia, the procedures of tendering to be followed except where such procedures are inapplicable or inappropriate.

(6) The Recipient shall take necessary measures to expedite utilization of the Grant and its accrued interest, including facilitation of the existing import procedures.

(7) The Recipient shall ensure that any official of the Recipient does not undertake any part of the work of Japanese nationals and/or the work of nationals of third countries on purchase of the Products and/or the Services (The term "nationals of third countries" in the present Agreed Minutes on Procedural Details means physical or juridical persons of third countries.).

3. The Committee

(1) After the date of entry into force of the Exchange of Notes, the two Governments shall appoint their representatives who will be members of a consultative committee (hereinafter referred to as "the Committee"), the role of which shall be to discuss any matter that may arise from or in connection with the Exchange of Notes. After the approval of the employment contract referred to in sub-paragraph (3) of paragraph 2 above, the Agent shall appoint its representative who will participate in the Committee meetings as an adviser.

(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.

(3) The terms of reference of the Committee shall be as set forth in Appendix V.

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

4. Disbursement Procedure

Disbursement procedure relating to the procurement of the Products and/or the Services and the Agent's fees under the Grant and its accrued interest shall be as follows;

(1) The Recipient (or its designated authority) and the bank in Japan referred to in sub-paragraph (1) of paragraph 3 of the Exchange of Notes (hereinafter referred to as "the Bank") shall conclude an arrangement regarding transfer of funds in which the Recipient shall designate the Agent as the representative acting in the name of the Recipient concerning all transfers of funds to the Agent.

(2) The Agent shall make requests to the Bank for transferring of funds to cover expenses necessary for the procurement of the Products and/or the 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 Government of Japan of the contract referred to in sub-paragraph (3) of paragraph 2 above. A copy of the request and of the estimation shall be sent at the same time to the Recipient.

(3) Pursuant to the Agent's request as per sub-paragraph (2) above, the Bank shall notify the Recipient of the request made by the Agent. The Bank shall pay the amount to the Agent from the account referred to in sub-paragraph (1) of paragraph 3 of the Exchange of Notes (hereinafter referred to as "the Account") unless the Recipient makes opposition to such payment within ten working days after the notification by the Bank. The Agent shall make payments to suppliers of tfhe Products and/or the Services from the funds received (hereinafter referred to as "the Advances") in accordance with the terms of the contracts with them.

After such payments, the Agent may use the remaining amount of the Advances, if any, for the procurement of other eligible Products and/or the Services without transferring the said amount back to the Account.

(4) When the total of the remaining amount in the account of the Agent (hereinafter referred to as "the Remaining Amount") is less than three per cent (3%) of the Grant and its accrued interest, 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 the Services and have not been covered by the Grant and its accrued interest, provided that such payments have been made on or after the date of entry Into force of the Exchange of Notes. in this case, the eligible source countries of the said Products and/or the Services may be all countries and areas except the Socialist Republic of Viet Nam, notwithstanding the provisions of Appendix I.

When the Agent deans the request by the Recipient appropriate and a Certificate of Eligible Procurement for the Remaining Amount certified by both the Recipient and the Agent as per the form set forth in Appendix IV is issued, the Agent shall reimburse the Remaining Amount to the Recipient.

(5) With respect to (a) of sub-paragraph (1) of paragraph 5 of the Exchange of Notes, no further disbursement shall be made after the period mentioned in the said sub-paragraph expires, unless otherwise agreed between the authorities concerned of the two Governments.

5. Refund of the Remaining Amount

With respect to (a) of sub-paragraph (1) of paragraph 5 of the Exchange of Notes, when the Government of Japan finds, upon the receipt of the final report, 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 in the Account and the Remaining Amount. The Recipient shall refund such amount to the Government of Japan without delay through such procedures as notified above.

Hanoi, January 9, 2020

 

UMEDA Kunio Ambassador Extraordinary and plenipotentiary of Japan

Mai Tien DUNG Minister, Chairman of the Office of the Government of the Socialist Republic of Viet Nam

 

Appendix I

List of Eligible Products and/or Services and Eligible Source Countries

1. Eligible Products and/or Services

(1) Eligible Products

No.	UNSITC CODE (Rev.2)	Description
1.	081	Feeding stuff for animals (not including unmilled cereals)
2.	232	Natural rubber latex; natural rubber and similar natural gums
3.	233	Synthetic rubber latex; synthetic rubber and reclaimed rubber; waste and scrap of unhardened rubber
4.	244	Cork, natural, raw and waste (including natural cork in blocks or sheets)
5.	245	Fuel wood (excluding wood waste) and wood charcoal
6.	246	Pulpwood (including chips and wood waste)
7.	247	Other wood in the rough or roughly squared
8.	248	Wood, simply worked, and railway sleepers of wood
9.	251	Pulp and waste paper Except:
		251.1			Waste paper and paperboard; scrap articles of paper or of paperboard fit only for use in paper-making
10.	263	Cotton
11.	264	Jute and other textile bast fibres, n.e.s., raw or processed but not spun; tow and waste thereof (including pulled or garnetted rags or ropes)
12.	265	Vegetable textile fibres (other than cotton and jute) and waste of such fibres
13.	266	Synthetic fibres suitable for spinning
14.	267	Other man-made fibres suitable for spinning and waste of man-made fibres
15.	268	Wool and other animal hair (excluding wool tops)
16.	271	Fertilizers, crude
17.	277	Natural abrasives, n.e.s. (Including industrial diamonds)
18.	278	Other crude minerals
19.	281	Iron ore and concentrates
20.	287	Ores and concentrates of base metals, n.e.s.
21.	288	Non-ferrous base metal waste and scrap, n.e.s.
22.	322	Coal, lignite and peat
23.	323	Briquettes; coke and semi-coke of coal, lignite or peat; retort carbon
24.	333	Petroleum oils, crude, and crude oils obtained from bituminous minerals
25.	334	Petroleum products, refined
26.	335	Residual petroleum products, n.e.s. and related materials
27.	341	Gas, natural and manufactured
28.	511	Hydrocarbons, n.e.s., and their halogenated, sulphonated, nitrated or nitrosated derivatives
29.	512	Alcohols, phenols, phenol-alcohols, and their halogenated, sulphonated, nitrated or nitrosated derivatives
30.	513	Carboxylic acids, and their anhydrides, halides, peroxides and peracids, and their halogenated, sulphonated, nitrated or nitrosated derivatives
31.	514	Nitrogen-function compounds
32.	515	Organo-inorganic and heterocyclic compounds
33.	516	Other organic chemicals
34.	522	Inorganic chemical elements, oxides and halogen salts
35.	523	Other Inorganic chemicals; organic and inorganic compounds of precious metals
36.	531	Synthetic organic dyestuffs, etc., natural indigo and colour lakes
37.	532	Dyeing and tanning extracts, and synthetic tanning materials
38.	533	Pigments, paints, varnishes and related materials
39.	562	Fertilizers, manufactured
40.	582	Condensation, polycondensation and polyaddition products, whether or not modified or polymerized, and whether or not linear (e.g., phenoplasts, aminoplasts, alkyds, polyallyl esters and other unsaturated polyesters, silicones)
41.	583	Polymerization and copolymerization products (e.g., polyethylene, polytetrahaloethylenes, polyisobutylene, polystyrene, polyvinyl chloride, polyvinyl acetate, polyvinyl chloroacetate and other polyvinyl derivatives, polyacrylic and polymethacrylic derivatives, coumarone- indene resins)
42.	584	Regenerated cellulose; cellulose nitrate, cellulose acetate and other cellulose esters, cellulose ethers and other chemical derivatives of cellulose, plasticized or not (e.g., collodions, celluloid); vulcanized fibre
43.	585	Other artificial resins and plastic materials
44.	592	Starches, inulin and wheat gluten; albuminoidal substances; glues
45.	598	Miscellaneous chemical products, n.e.s.
46.	612	Manufactures of leather or of composition leather, n.e.s.; saddlery and harness; parts of footwear, n.e.s.
47.	621	Materials of rubber (e.g., pastes, plates, sheets, rods, thread, tubes, of rubber)
48.	625	Rubber tyres, tyre cases, interchangeable tyre treads, inner tubes and tyre flaps, for wheels of all kinds Except:
		(1) 625.1.2	Tyres, pneumatic, new, of rubber, for racing cars
		(2) 625.4	Tyres, pneumatic, new, of a kind normally used on motorcycles (including motor scooters) and other cycles
49.	628	Articles of rubber, n.e.s.
50.	633	Cork manufactures
51.	634	Veneers, plywood, 'improved' or reconstituted wood, and other wood, worked, n.e.s.
52.	635	Wood manufactures, n.e.s.
53.	641	Paper and paperboard
54.	651	Textile yarn
55.	653	Fabrics, woven, of man-made fibres (not including narrow or special fabrics)
56.	657.51	Twine, cordage, ropes and cables, plaited or not
57.	657.52.10	Nets, fishing, of cotton yarn, twine, cordage or rope (excluding fish landing nets)
58.	657.52.11	Nets, fishing, of synthetic or regenerated textile yarn, twine, cordage or rope (excluding fish landing nets)
59.	657.52.12	Nets, fishing, of yarn, twine, cordage or rope (excluding fish landing nets)
60.	657.52.13	Nets, fishing, seine
61.	658.1	Sacks and bags, of textile materials, of a kind used for the packing of goods
62.	661	Lime, cement, and fabricated construction materials (except glass and clay materials)
63.	662	Clay construction materials and refractory construction materials
64.	664	Glass
65.	671	Pig iron, spiegeleisen, sponge iron, iron or steel powders and shot, and ferro-alloys
66.	672	Ingots and other primary forms, of iron or steel
67.	673	Iron and steel bars, rods, angles, shapes and sections (including sheet piling)
68.	674	Universals, plates and sheets, of iron or steel
69.	675	Hoop and strip, of iron or steel, hot-rolled or cold-rolled
70.	676	Rails and railway track construction material, of iron or steel
71.	677	Iron or steel wire (excluding wire rod), whether or not coated, but not insulated
72.	678	Tubes, pipes and fittings, of iron or steel
73.	679	Iron and steel castings, forgings and stampings, in the rough state
74.	682	Copper
75.	683	Nickel
76.	684	Aluminium
77.	685	Lead
78.	686	Zinc
79.	687	Tin
80.	689	Miscellaneous non-ferrous base metals employed in metallurgy, and cermets
81.	691	Structures and parts of structures, n.e.s., of iron, steel or aluminium
82.	692	Metal containers for storage and transport
83.	693	Wire products (excluding insulated electrical wiring) and fencing grills
84.	694	Nalls, screws, nuts, bolts, rivets and the like, of iron, steel or copper
85.	695	Tools for use in the hand or in machines
86.	711	Steam and other vapour generating boilers, super-heated water boilers, and auxiliary plant for use therewith; and parts thereof, n.e.s.
87.	712	Steam or other vapour power units, whether or not incorporating boilers (including mobile engines but not steam tractors, steam road rollers or steam rail locomotives); and parts thereof, n.e.s.
88.	713	Internal combustion piston engines, and parts thereof, n.e.s. Except:
		(1) 713.1	Internal combustion piston engines for aircraft, and parts thereof, n.e.s.
		(2) 713.2.5	Engines, piston, internal combustion, for armoured fighting vehicles
		(3) 713.3	Internal combustion piston engines, marine propulsion
89.	716	Rotating electric plant and parts thereof, n.e.s.
90.	718	Other power generating machinery and parts thereof, n.e.s. Except:
		718.7	Nuclear reactors, and parts thereof, n.e.s.
91.	721	Agricultural machinery (excluding tractors) and parts thereof, n.e.s.
92.	722	Tractors (other than those falling within headings 744.11 and 783.2), whether or not fitted with power take-offs, winches or pulleys
93.	723	Civil engineering and contractors' plant and equipment and parts thereof, n.e.s.
94.	724	Textile and leather machinery, and parts Thereof, n.e.s.
95.	725	Paper mill and pulp mill machinery, paper cutting machines and other machinery for the manufacture of paper articles; and parts thereof, n.e.s.
96.	726	Printing and bookbinding machinery, and parts thereof, n.e.s.
97.	727	Food-processing machines (excluding domestic) and parts thereof, n.e.s.
98.	728	Other machinery and equipment specialized for particular industries, and parts thereof, n.e.s.
99.	736	Machine-tools for working metal or metal carbides, and parts and accessories thereof, n.e.s.
100.	737	Metalworking machinery (other than machine-tools), and parts thereof, n.e.s
101.	741	Heating and cooling equipment and parts thereof, n.e.s. Except:
		(1) 741.31.10		Furnaces, electric, for separation or recycling of irradiated nuclear fuels or for treatment of radio-active waste
		(2) 741.31.38		Ovens, electric, for separation or recycling of irradiated nuclear fuels or for treatment of radio-active waste
		(3) 741.32.14		Furnaces, non-electric, for separation or recycling of irradiated nuclear fuels or for treatment of radio-active waste
		(4) 741.32.34		Ovens, non-electric, for separation or recycling of irradiated nuclear fuels or for treatment of radio-active waste
		(5) 741.5		Air conditioning machines, self- contained, comprising a motor-driven fan and elements for changing the temperature and humidity of air, and parts thereof, n.e.s.
102.	742	Pumps (including motor and turbo pumps) for liquids, whether or not fitted with measuring devices; liquid elevators of bucket, chain, screw, band and similar kinds; parts, n.e.s. of such pumps and liquid elevators
103.	743	Pumps (other than pumps for liquids) and compressors; fans and blowers; centrifuges; filtering and purifying apparatus; and parts thereof, n.e.s. Except:
		(1) 743.5.1		Centrifuges for separating uranium isotopes
		(2) 743.5.2		Centrifuges for separation or recycling of irradiated nuclear fuels or for treatment of radio-active waste
104.	744	Mechanical handling equipment, and parts thereof, n.e.s.
105.	745	Other non-electrical machinery, tools and mechanical apparatus, and parts thereof, n.e.s. Except:
		745.24		Automatic vending machines (e.g., stamp, cigarette, chocolate and food machines), not being games of skill or chance; and parts thereof, n.e.s.
106.	749	Non-electric parts and accessories of machinery, n.e.s.
107.	752.2.1	Computers, digital, complete, comprising in the same housing the central processing unit and at least one Input unit and one output unit
108.	752.3.1	Central processing units, computer digital, complete (comprising at least the central (main) storage and the arithmetical, logical and control elements)
109.	752.5.3	Computer peripheral units connectable directly or Indirectly to the computer central unit
110.	752.5.6	Input/output peripheral units, computer digital
111.	752.5.16	Storages, magnetic disc or drum, peripheral, for computers
112.	771	Electric power machinery (other than rotating electric plant of heading 716), and parts thereof, n.e.s.
113.	772	Electrical apparatus for making and breaking electrical circuits, for the protection of electrical circuits, for making connections to or in electrical circuits (e.g., switches, relays, fuses, lightning arresters, surge suppressors, plugs, lampholders and junction boxes); resistors, fixed or variable (including potentiometers), other than heating resistors; printed circuits; switchboards (other than telephone switchboards), and control panels, n.e.s.; parts, n.e.s. of the foregoing apparatus Except:
		772.3.3	Dimmers, light, theatre
114.	773	Equipment for distributing electricity
115.	776.3.4	Cells, solar
116.	778	Electrical machinery and apparatus, n.e.s. Except:
		778.85	Particle accelerators, and parts thereof, n.e.s.
117.	782	Motor vehicles for the transport of goods or materials and special purpose motor vehicles Except:
		782.1.1	Ambulances, road motor
		782.1.6	Hearses, motor
		782.1.25	Vans, delivery, road motor
		782.1.26	Vans, furniture, road motor
		782.1.27	Vans, prison, road motor
		782.1.28	Vans, removal (moving), road motor
		782.2	Special purpose motor lorries and vans (such as breakdown lorries, fire-engines, fire-escapes, road sweeper lorries, snow-ploughs, spraying lorries, crane lorries, searchlight lorries, mobile workshops and Mobile radiological units), but not including the motor vehicles of headings 781, 782.1 and 783.1 (Water-carts, road motor (762.2.42), Workshops, mobile, motorized (782.2.43) excluded)
118.	783	Road motor vehicles, n.e.s.
119.	784	Parts and accessories, n.e.s. of the motor vehicles falling within heading 722, 781, 782 or 763
120.	786	Trailers and other vehicles, not motorized, n.e.s. and specially designed and equipped transport containers Except:
		(1) 786.12.2		Library-trailers
		(2) 786.12.3		Limbers, ammunition, armoured or not
		(3) 786.12.9		Trailers, exhibition
		(4) 786.12.13		Trailers, furniture- removal
		(5) 786.81		Other vehicles, not mechanically propelled
121.	791.52	Railway and tramnway goods vans, goods wagons and trucks (freight cars), not mechanically propelled
122.	791.99	Parts, n.e.s. of the railway and tramway locomotives and rolling-stock falling within headings 791.1 to 791.5
123.	812	Sanitary, plumbing, heating and lighting fixtures and fittings, n.e.s. Except:
		(1) 812.2		Sinks, wash basins, biders, water closet pans, urinals, baths and like sanitary fixtures, of ceramic materials
		(2) 812.4		Lighting fixtures and fittings, lamps and lanterns, and parts thereof, n.e.s. (not including electrical parts)
124.	873	Meters and counters, n.e.s.
125.	874	Measuring, checking, analysing and controlling instruments and apparatus, n.e.s.; parts and accessories n.e.s. of the instruments and apparatus of groups Except:
		874.52		Instruments, apparatus or models, designed solely for demonstrational purposes (e.g., in education or exhibition), unsuitable for other uses
126.	898.32.4	Discs, computer, recorded
127.	899.19.7	Capsules, unhardened gelatin, for lighter fuels or pharmaceuticals

(2) Eligible Services

- Services necessary for the procurement and transportation of the Products mentioned in 1.(1) above.

2. Eligible Source Countries

The eligible source country shall be Japan, unless otherwise decided upon by mutual consent between the authorities concerned of the two Governments.

 

Appendix II

Scope of the Agent's Services

1. Provision of information and advice to the Committee meetings

2. Ensuring that the Recipient and the end-users fully understand the procedures to be employed, where necessary

3. (1) Preparation of specifications of the Products and/or the Services for the Recipient, including, where necessary, detailed discussions with the end-users

(2) Preparation of bid documents appropriate to the type and value of the Products and/or the Services to be procured

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

(4) Evaluation of bids, including both technical and financial considerations

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

4. Receipt and utilization of the Advances in accordance with the employment contract with the Recipient referred to in sub-paragraph (2) of paragraph 2 of the Agreed Minutes on Procedural Details

5. Negotiations and conclusion of contracts with suppliers, including satisfactory payment, shipment and inspection arrangements

6. Checking the progress of supplies to ensure that delivery dates are met

7. 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.

6. Payment to suppliers from the Advances

9. Providing the following documents to the two Governments:

(1) Certificate of Eligible Procurement as per Appendix XII

(2) Pro forma invoice

10. Preparation of quarterly status reports for the two Governments, covering enquiries, orders, order status, values and delivery information

11. Submission of quarterly statements to the two Governments detailing balance against the Grant and its accrued interest and all disbursements for the quarter.

12. Submission to the Government of Japan of an overall evaluation report including details of all the Products and/or the Services shipped, source country, delivery date, value of the Products and/or the Services (including relevant charges) and total amounts disbursed and remaining

 

Appendix III

Certificate of Eligible Procurement

Date: Ref. No.:

To whom it may concern:

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 January 9, 2020 and the Agreed Minutes on Procedural Details between the two Governments dated January 9, 2020.

The following are the principal relevant facts concerning the procurement.

1. Method of Procurement

(Insert X in appropriate place)

a.	________ :	Competitive Bidding
b.	________ :	Limited Bidding
c.	________ :	Shopping
d.	________ :	Direct Contracting
Products and/or Services
a.	Name of Products and/or Services
b.	SITC Code (2nd Revision) Number:
c.	Origin:

3. Cost of Products and/or Services

a. Products and/or Services:

b. Freight:

c. Marine Insurance:

d. Agent's Fees:

e. Total (a+b+c+d):

4. Supplier Name:

Address:

Nationality:

(Country where the supplier is incorporated and registered)

5. Consignee

Name:

Address:

 

	(Signature)
	The Agent Name Title

 

Appendix IV

Certificate of Eligible Procurement for the Remaining Amount

(Reimbursement Procedure)

Date: Ref. No.:

With reference to the payment order, the undersigned hereby certify that the procurement related to the said payment order as listed below 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 January 9, 2020 and the Agreed Minutes on Procedural Details between the two Governments dated January 9, 2020.

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

The following are the principal relevant facts concerning the procurement.

 

Appendix IV

Certificate of Eligible Procurement for the Remaining Amount

(Reimbursement Procedure)

Date: Ref. No.:

With reference to the payment order, the undersigned hereby certify that the procurement related to the said payment order as listed below 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 January 9, 2020 and the Agreed Minutes on Procedural Details between the two Governments dated January 9, 2020.

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

The following are the principal relevant facts concerning the procurement.

1.	2.	3.	4.	5.	6.	7.	8.	9.
Trans- action	Purchaser	Supplier (Name)	Nationality of Supplier	Products and/or Services	Origin	Date of Payment	Amount of Payment	Method of Procurement
1. 2. 3. 4.  .  .

The following documents (in one copy) are enclosed herewith for each of the above transactions.

a. Covering letter made by a negotlatlng/paying bank

b. Bill of lading, post parcel receipt or air consignment note

c. Invoice

 

	Authorized signature (the Recipient) Name, Title
	Authorized signature (the Recipient) Name, Title

 

Appendix V

Terms of Reference of the Committee

1. To formulate a time scale plan for the speedy and effective utilization of the Grant and its accrued interest

2. To exchange views on allocations of the Grant and its accrued interest as well as on potential end-users

3. To identify problems which may delay the utilization of the Grant and its accrued interest, and to explore solutions to such problems

4. To exchange views on publicity related to the utilization of the Grant and its accrued interest

5. To discuss any other matter that may arise from or in connection with the Exchange of Notes

Record of Discussions

With reference to the Exchange of Notes between the Government of Japan and the Government of the Socialist Republic of Viet Nam (hereinafter referred to as "the Recipient") dated January 9, 2020 concerning Japanese economic cooperation to be extended with a view to promoting the economic and social development of the Socialist Republic of Viet Nam (hereinafter referred to as "the Exchange of Notes"), the representatives of the Japanese Delegation add of the Vietnamese Delegation wish to record the following:

1. With regard to paragraph 2 of the Exchange of Notes, the representative of the Japanese Delegation stated that the Government of Japan understands that:

(a) the Recipient will take necessary measures to prevent any offer, gift or payment, consideration or benefit which would be construed as a corrupt practice in the country of the Recipient from being made as an inducement or reward related to the award of the contracts that the agent referred to in sub-paragraph (2) of paragraph 2 of the Agreed Minutes on Procedural Details of the Exchange of Notes will enter into with a view to purchasing the products and/or the services referred to in paragraph 2 of the Exchange of Notes; and

(b) the Recipient will refund to the Government of Japan, when the corrupt practice referred to in sub-paragraph (a) above occurs, the amount of the grant referred to in paragraph 1 of the Exchange of Notes (hereinafter referred to as "the Grant") equivalent to the amount spent in such corrupt practice, which is determined by the Government of Japan.

2. With regard to sub-paragraph (2) of paragraph 5 of the Exchange of Notes, the representative of the Japanese Delegation stated that the Government of Japan understands that:

(a) necessary information includes information on corrupt practice related to the Grant; and

(b) the Recipient will ensure fair treatment of sources of such information.

3. 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, January 9, 2020

 

UMEDA Kunio Ambassador Extraordinary and plenipotentiary of Japan

Mr. Mai Tien DUNG Minister, Chairman of the Office of the Government of the Socialist Republic of Viet Nam