Thông báo 05/2012/TB-LPQT của Bộ Ngoại giao về hiệu lực của: Hiệp định giữa Chính phủ nước Cộng hòa xã hội Chủ nghĩa Việt Nam và Chính phủ Đan Mạch về Hợp tác phát triển Chương trình quản trị công và cải cách hành chính 2012 - 2015

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Thông báo 05/2012/TB-LPQT của Bộ Ngoại giao về hiệu lực của: "Hiệp định giữa Chính phủ nước Cộng hòa xã hội Chủ nghĩa Việt Nam và Chính phủ Đan Mạch về Hợp tác phát triển Chương trình quản trị công và cải cách hành chính 2012 - 2015"

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Loại văn bản:	Thông báo	Người ký:	Lê Thị Tuyết Mai
Ngày ban hành:	04/02/2012	Ngày hết hiệu lực:	Đang cập nhật
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BỘ NGOẠI GIAO
----------------

Số: 05/2012/TB-LPQT

CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
-----------------------

Hà Nội, ngày 04 tháng 02 năm 2012

THÔNG BÁO

VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC

Thực hiện quy định tại khoản 3 Điều 47 của Luật Ký kết, gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại giao trân trọng thông báo:

Hiệp định giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Đan Mạch về Hợp tác phát triển Chương trình quản trị công và cải cách hành chính 2012 - 2015, ký tại Hà Nội ngày 30 tháng 12 năm 2011, có hiệu lực kể từ ngày 30 tháng 12 năm 2011.

Bộ Ngoại giao trân trọng gửi Bản sao Hiệp định theo quy định tại Điều 68 của Luật nêu trên./.

TL. BỘ TRƯỞNG
KT. VỤ TRƯỞNG
PHÓ VỤ TRƯỞNG
VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ

Lê Thị Tuyết Mai

GOVERNMENT AGREEMENT

BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM AND THE GOVERNMENT OF DENMARK REGARDING DEVELOPMENT COOPERATION CONCERNING GOOD GOVERNANCE AND PUBLIC ADMINISTRATION REFORM PROGRAMME 2012-2015

WHERAS the Government of the Socialist Republic of Vietnam (hereinafter referred to as 'GoV’) has requested the support of the Government of Denmark (hereafter referred to as "GoDK") to contribute towards the funding of the Good Governance and Public Administration Reform Programme 2012-2015 (hereinafter referred to as the 'Programme');

WHEREAS GoDK has agreed to support the implement-anon of the Programme as defined in the Programme Document with up to an amount of DKK 60 million on a grant basis (hereafter referred to as "the Grant"), as a financial and technical assistance to GoV, through the Office of the National Assembly (ONA), the Vietnam Academy of Social Sciences (VASS), the Vietnam National University (VNU), the Ho Chi Minh City Law University (HCMCLW) and the Provincial People's Committee in the provinces of Lao Cai, Lai Chau, Dak Lak, Dak Nong, Dien Bien (hereafter referred to as the Implementing Agencies), who will implement the Programme;

WHEREAS the Programme may receive an additional financial assistance of GBP 1.5 million from the Government of the United Kingdom of Great Britain and Northern Ireland (hereinafter referred to as‘GoUK’) to support sub-component 3.2, on support to Non-Governmental Organizations. If confirmed, the support will be channelled through the GoDK who will take on the responsibility of acting on behalf of the GoUK as specified in an arrangement on delegated cooperation.

WHEREAS the general provision of this agreement is set forth in the agreement between Denmark and the Socialist Republic of Vietnam named General Terms and Procedures of Development Cooperation dated 25^th August 1993;

WHEREAS the GoV and GoDK have agreed that the Ministry of Foreign Affairs of Denmark will sign separate subsidiary administrative agreements with each of the implementing agencies under this agreement. The administrative agreements will detail the common procedures set out in the Programme for consultation and decision-making, disbursement mechanisms, financial management, monitoring, reporting and audit, review, evaluation, and exchange of information and cooperation between the individual implementing agency and the Danish Ministry of Foreign Affairs;

WHEREAS commitment to international law and conflict prevention, respect for human rights, democratic principles, including free and fair elections, the rule of law, independence of the judiciary, free, transparent and democratic processes, accountability and the fight against corruption, sound macro-economic policies and the commitment to poverty reduction govern the policies of GoV and GoDK, and which are prerequisites for this agreement, and hence constitutes essential elements of this agreement;

WHEREAS the GoV and GoDK shall abide by the local laws and by applicable international instruments, including the UN Convention on the Rights of the Child and International Labour organization Convention;

WHEREAS GoV and GoDK is committed to the principles of harmonisatioa and to strive for the highest degree of alignment with the budgetary and accountability system of the implementing agencies and the legislation of the GoV so as to enhance effective implementation, to reduce the administrative burden, to minimize transaction costs and increase transparency and accountability of the support provided;

NOW THEREFORE GoV and GoDK have decided as follows:

Article 1. Definitions

For the purpose of this Agreement, unless otherwise stated, the terms listed below-mean the following:

a) “Parties" in the case of the Government of Denmark/GoDK refers to the Ministry of Foreign Affairs, Embassy of Denmark in Vietnam, and in the case of the Government of the Socialist Republic of Vietnam/GoV refers to the Ministry of Planning and Investment or for both parties any other authority empowered to perform the functions exercised by said authorities.

b) The Office of the National Assembly is the programme focal point and will ensure overall coordination of activities and compile programme-level reports.

c) "Joint decision making arrangement" refers to the overall management of the programme, which is the meetings and exchange of letters between the parties as described in Article 3.

d) "The Documentation" refers to the Programme Document which, by signature, has been approved by the Office of the National Assembly and the Embassy of Denmark on December 30, 2011 and is attached as Annex 1 to this Agreement, hence constituting an integral part hereof. Development objectives described in the Documentation and the total amount of the Danish contribution cannot be changed.

e) "Programme period" means the 4-year period of programme implementation, i.e. 1 January 2012 to 31 December 2015.

Article 2. Objectives of the programme

a) The development objective of the Programme is "To strengthen the development of democratic governance and public management and accountability in Vietnam ", as stated in the Documentation.[1]

b) The immediate objectives of the Programme are:

Component 1) "To enable the participating provinces to better target and utilise resources to achieve Public Administration Reform (PAR) results that enable more sustainable and equitable socio-economic development".

Component 2) "To strengthen human rights research and education and cooperation on these issues among Vietnamese universities.".

Component 3) "To improve Parliamentary skills of the members of parliament and staff through parliament-to-parliament collaboration and other targeted skills development activities of relevance for the institutional strengthening of the ONA" and

"To promote public participation and accountability in law-making and policy-development processes by strengthening engagement of Non-Governmental Organisations in these processes at national and sub- national level as well as in monitoring the implementation of these."

The immediate objectives can only be adjusted to changes in the Programme context by decision of the joint decision making arrangement described, followed by mutual written agreement between the parties. Such written agreement shall become addendum to this agreement.

Article 3. Management and Execution

The overall management responsibilities of the programme support rests in the High-Level Meeting, which is co-chaired by the Office of the National Assembly and the Danish Embassy. Members of the High-Level Meeting are representatives from the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Home Affairs, the Ministry of Education and Training, the Vietnam Academy of Social Sciences, the Vietnam National University and the Ho Chi Minh City Law University. The work of the High Level Meeting will be guided by the Terms of Reference for this Meeting (Appendix 2.1, Programme document). ONA is the focal point of the entire programme. In addition, it is also the coordinating agency of component 3. Further details are presented in the tables below.

Component 1

Implementing agency	The Provincial Peoples' Committee
Joint decision making arrangement	The overall oversight of the Component 1 rests with the High-Level Meeting co-chaired by the Office of the National Assembly and the Danish Embassy. In addition, Programme Management Steering Committees are set up for each province, co-chaired by the Provincial People's Committee and the Danish Embassy.
Modality	Budget support to five provinces.

Component 2

Implementing agency	Vietnam Academy of Social Sciences Vietnam National University, Hanoi Ho Chi Minh City Law University
Joint decision making arrangement	The overall oversight of the Component 2 rests with the High-Level Meeting co-chaired by the Office of the National Assembly and the Danish Embassy. In addition, three steering Committees are set up between each institution in Component 2 and the Danish Embassy, and chaired by each of the three Vietnamese institutions.
Modality	Programme Support.

Component 3

Implementing agency	Office of the National Assembly.
Joint decision making arrangement	The overall oversight of the Component 3 rests with the High-Level Meeting co-chaired by the Office of the National Assembly and the Danish Embassy. In addition, two Steering Committees are set up with the participation of the Office of the National Assembly and the Danish Embassy for i) sub-component on Parliamentary Strengthening, chaired by the Office of the National Assembly and for ii) sub-component on NGO support, co-chaired by the Office of the National Assembly and the Danish Embassy.
Modality	Programme support.

Article 4. Obligations of Government of Vietnam

Under this Agreement, the Government of the Socialist Republic of Vietnam shall:

a) Promptly inform GoDK of any condition which interferes or threatens to interfere with the successful implementation of the Programme.

b) Within a reasonable time advice on all reports, recommendations and other matters properly referred for advice by GoDK, in order not to delay or disrupt the execution of the services or the works of the Programme.

c) Ensure that all relevant provisions in the General Terms and Procedures of Development Cooperation dared 25^th August 1993 regarding the GoDK execution of activities are honoured.

d) Ensure that the financial management of the Programme is applied according to contents of the Documentation.

e) Investigate matters, if misuse of funds, fraud or corruption within the programme is discovered- The appropriate authorities i.e. the Government Inspectorate and the Inspectorates of the Office of the National Assembly and the Ministry of Planning and Investment of Vietnam are expected to participate in this endeavour. Where programme funds have been lost in such a manner as described above, the Parties will cooperate in order to have the implementing agency repay such funds to the Programme, in order to ensure that planned activities will not be disrupted.

f) Agree mat a prerequisite for GoDK's support to the Programme is that the GoV will make contribution to the Programme of 414,000 USD (approximately 2,2 million DKK).

g) Allocate sufficient funds from the government budget to the Programme. GoV budgets comprise both capital and recurrent expenditures.

h) Ensure that the accounts for the Vietnamese contributions to the Programme are kept in accordance with Vietnam's accounting system, the State Budget Law (2002) and the relevant Vietnamese government regulations and guidelines.

i) Maintain a financial management system according to the current state budget management system toproperly reflect the fund allocation, transactions, resources, expenditures and assets of the Vietnamese contributions to the Programme and ensure that the implementing agencies are able to produce timely, relevant and reliable financial information for planning, implementing and monitoring the progress of the Vietnamese contributions to the Programme against its objectives.

j) Provide the adequate financial and human resources at national and provincial levels i.e. skilled staff and salary in the Government implementing agencies throughout the programme period.

k) Provide adequate financial capital and general operational costs. Ensure funds for the payment of all other expenses required for the establishment and operation of the Programme, which are not mentioned as items to be provided by the GoDK.

l) Within the framework of Component 1: Affirm that the resources provided by GoDK for the Programme will only be used to cover expenditures included in the state budget as approved by the National Assembly of Vietnam and only for the Programme, and not any other Programmes or other government programmes.

m) Ensure the tax exemption of expatriate personnel and their family members under Component 3 follows the Regulation on expatriate personnel for ODA programmes and projects in Vietnam which is Decision No. 119/2009/QD-TTg dated 1/10/2009 of the Prime Minister of Vietnam and other documents on amendment, addition, or replacement of this Decision.

n) Facilitate the issuing of multiple entry and exit visas, work permits and residence permits for the advisors and their families regardless of nationality as well as provide assistance in the clearance through customs of their personal belongings that they are allowed to import according to the Regulation mentioned under item (1) above.

o) Equipment, materials, supplies and spare parts to be purchased for the programme by the GoDK, if any, will be preferentially applied on any duties, VAT, taxes, and public fees and charges other than user's fee and charges, etc. in accordance with existing tax law and relevant regulations of Vietnam. The refunded VAT and other charges from these equipment and materials will be transferred to the programme funds for the following fiscal year.

p) Ensure timely settlement of any other related formalities that might keep the programme behind schedule.

q) Maintain all programme accounting materials within 5 years after the programme's end for possible use of the National Audit Office of Denmark.

Article 5. Obligations of GoDK

a) GoDK will provide the following financial means for the implementation of the programme:

Name of Component	Implementing Agency	Budget (DKK)
Component 1	Provincial Peoples' Committee in five Provinces.	17,000,000
Component 2	Vietnam Academy of Social Studies Vietnam National University, Hanoi Ho Chi Minh City Law University	13,250,000
Component 3	ONA Fund Manager	20,000,000
Programme management (Studies, Programme coordination, reviews, evaluations, documentation and exit-support).		3,250,000
Unallocated		6,500,000
Total		60,000,000

All commitments of GoDK are made in Danish Kroner (DKK).

b) GoDK will base the actual financial support on progress attained compared to planned progress described in the Documentation. For all components, progress will be measured against commonly agreed indicators and monitoring systems described in the Documentation.

c) GoDK will strive to ensure the predictability of the Grant by informing the GoV not later than the end of the third quarter of the calendar year, prior to the finalisation of next year's national budget about the support anticipated for the coming year under this Agreement.

d) Interest accrued from the remittances shall be returned by the implementing agency to GoDK on an annual basis.

e) The Danish support for the Programme will be passed on to the implementing agencies as grant without any repayment conditions to the GoV.

g) GoDK will recruit and contract a Fund Manager for sub-component 3.2. on NGO-support. The Fund Manager staffs -salary, travel expenses and other related costs will be paid by the GoDK from the component budget.

h) GoDK will cooperate and communicate fully and in a timely manner with the GoV on all matters relevant to the implementation of the Programme as defined in the Documentation and this Agreement.

i) GoDK will inform any changes regarding the years of commitments or the schedule of disbursements for discussion between the two Parties before such adjustments are made.

k) GoDK will not bear any responsibility and/or liability to any third party with regard to implementation of the Programme

Article 6. Obligations of both parties

Both parties will:

a) Strengthen aid effectiveness by endeavour to co-ordinate efforts under this agreement with other development partners, be they states, international organisations or non-governmental organisations.

b) Use best endeavours to optimise the use of programme resources in line with the programme's objectives.

Article 7. Information, monitoring and evaluation

a) The Parties shall collaborate fully to ensure that the purposes of this Agreement be accomplished. To this end, the Parties shall exchange views with regard to matters relating to the Programme and provide each other with all available data, documentation and information; shall provide appropriate mutual assistance required in the discharging of the Parties' duties; and provide all necessary support to facilitate the due implementation of the programme.

b) On a regular basis (at leasteven- year), the GoDK will review the performance of the Programme in the previous period including financial management review. GoDK reserves the right to vary the scale of its support based on the quantitative and qualitative progress in the implementation of the programme which is assessed through bi-annual and annual progress reports and the programme monitoring framework in the Documentation.

c) The Documentation will be reviewed in connection with joint programme reviews. Changes to the Documentation are subject to the approval by the joint decision making arrangement. One mid-term review after approximately two years will be jointly conducted by GoDK and its partners. The review will focus on achievements and necessary further steps to guarantee a successful completion of the Programme in 2015 and to ensure sustainability of component activities beyond 2015 as described in the Documentation.

d) Annual independent audits facilitated by GoDK will be carried out for Component 2 — Human Rights Education & Research — and Component 3 — Public Participation & Accountability. The support under Component 1 — PAR - will annually be audited by the State Audit of Vietnam (SAV) as agreed between SAV and GoDK. The programme is also open for the possibility of having SAV undertake performance audits if such an agreement can be reached with SAV. Auditing cost shall be covered by the budget of the Programme.

e) GoDK shall have the right to carry out any technical or financial mission that is considered necessary to monitor the implementation of the programme. To facilitate the work of the person or persons instructed to carry out such monitoring missions, the GoV shall provide these persons with all relevant assistance, information, and documentation.

f) Representatives of the Auditor General of Denmark shall have the right to:

(i) Carry out any audit or inspection considered necessary as regards the use of the Danish funds in question, on the basis of all relevant documentation.

(ii) Inspect accounts and records of suppliers and contractors relating to the performance of the contract, and to perform a complete audit.

However, provided that the Auditor General of Denmark is satisfied with annual audit reports to be made by either SAV or an independent external auditor, the audit or inspection as mentioned in points (i) and (ii) shall not be required.

g) Evaluation of the Programme, preferably undertaken jointly by GoDK and the GoV may be carried out at the request of either Party.

h) After the termination of the Programme, GoDK reserves the right to earn-out evaluation in accordance with this article.

Article 8. Transfer of ownership

a) The implementing agencies responsible for the implementation of programme components shall maintain updated inventories of all equipment financed by earmarked support from GoDK, e.g. vehicles, computers, furniture and tools.

b) Equipment, material, supplies and facilities purchased by Denmark, which are used during the implementation of the programme, e.g. vehicles, computers, furniture and tools, remain the property of Denmark, until such time as the Parties may agree otherwise.

Transfer of ownership of the above-mentioned assets to the implementing agencies may take place during the programme period. Before programme termination, the Parties will assess and agree on final transfer of such assets, which can be justified on the basis of a final request from the implementing agencies. Any remaining assets will be disposed of by Denmark.

Article 9. Corruption

No offer, payment, consideration or benefit of any kind, which could be regarded as an illegal or corrupt practice, shall be made, promised, sought or accepted - neither directly nor indirectly - as an inducement or reward in relation to activities funded under this agreement, incl. tendering, award, or execution of contracts. Any such practise will be grounds for the immediate cancellation of this agreement or parts of it, and for such additional action, civil and/or criminal, as may be appropriate. At the discretion of the GoDK, a further consequence of any such practise can be the definite exclusion from any projects funded by the GoDK.

Article 10. Suspension

In case of non-compliance with the provisions of this Agreement and /or violation of the essential elements mentioned in this Agreement, GoDK reserves the right to suspend with immediate effect further disbursements to the implementing partners under this Agreement. Non-compliance includes inter alia:

● The Programme or a component develop unfavourably in relation to the development objective and immediate objectives mentioned in Article 2,

● Substantial deviations from agreed plans or budget occur,

● Financial management of the activities has not been satisfactory

● Resources to be allocated by the GoV are not provided as agreed,

If serious irregularity in the Programme or suspicion thereof has been ascertained, either part)' may suspend programme implementation, wholly or in part, until the suspending party decides to resume the implementation.

Article 11. Setdemenr of disputes

If any dispute arises between the Parties as to the interpretation, application or implementation of this agreement, they will consult each other in order to reach an amicable solution.

Article 12. Amendment

Any amendment to this Agreement shall be agreed, in writing between the Parties and shall constitute anintegral part of this Agreement.

Article 13. Entry into force, duration and termination

This Agreement shall enter into force on the date of signing.

The cooperation between the Parties under this Agreement -will have the duration of 4 years. The duration of the cooperation may be extended by mutual agreement of the Parties and -within the agreed budget.

Notwithstanding the previous clause each Party may terminate the Agreement upon 6 months written notice.

In witness hereof the Parties hereto have caused this Agreement to be signed in 02 originals in the English language in Hanoi, Vietnam on this day of 30 December 2011.

FOR THE GOVERNMENT
OF VIETNAM

Cao Viet Sinh
Vice Minister
The Ministry of Planning and Investment

FOR THE GOVERNMENT
OF DENMARK

John Nielsen
Ambassador
Ministry of Foreign Affairs

[1] As stated in the Documentation and in the immediate objectives of the Programme the strengthening of accountability refers to the law-making and policy-development processes in Vietnam.

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