Công văn 2282/BTC-QLN 2020 hiệu lực của Hiệp định đầu tư phát triển mạng lưới y tế

Căn cứ thư của Ngân hàng Phát triển Châu Á (ADB) ngày 13/2/2020 thông báo hiệu lực của Hiệp định vay số 3758 và Hiệp định viện trợ số 0636 cho Chương trình đầu tư phát triển mạng lưới y tế cơ sở vùng khó khăn do ADB tài trợ, Bộ Tài chính xin thông báo hai Hiệp định trên có hiệu lực từ ngày 4/2/2020.

Theo quy định hiện hành, Bộ Tài chính xin gửi kèm bản gốc Hiệp định vay và Hiệp định viện trợ đã ký cho Bộ Ngoại giao. Đề nghị Bộ Ngoại giao thực hiện sao lục các Điều ước quốc tế của Dự án gửi Quốc hội, Chủ tịch nước và Chính phủ để báo cáo, gửi Bộ Tài chính, Bộ Kế hoạch và Đầu tư, Bộ Tư pháp, Bộ Y tế để thực hiện và cơ quan Công báo theo quy định hiện hành.

Bộ Tài chính xin cảm ơn sự hợp tác của Quý Cơ quan./.

LOAN NUMBER 3758-VIE(COL)

LOAN AGREEMENT
(Ordinary Operations [Concessional])

(Local Health Care for Disadvantaged Areas Sector Development Program)

between

SOCIALIST REPUBLIC OF VIET NAM

and

ASIAN DEVELOPMENT BANK

DATED 6 August 2019

LOAN AGREEMENT
(Ordinary Operations [Concessional])

LOAN AGREEMENT dated 6 August 2019 between SOCIALIST REPUBLIC OF VIET NAM (“Borrower”) and ASIAN DEVELOPMENT BANK ("ADB").

WHEREAS

(A) ADB has received from the Borrower a development policy letter dated 14 November 2018 (“Policy Letter”), setting forth certain objectives, policies and actions, described in Schedule 1 to this Loan Agreement, designed to develop the Borrower’s local health care sector for disadvantaged areas (“Program”);

(B) by a grant agreement of even date herewith between the Borrower and ADB (“Project Grant Agreement”), ADB has agreed to provide a grant equivalent to the amount of twelve million Dollars ($12,000,000) from ADB’s Special Funds resources in support of the Local Health Care for Disadvantaged Areas Sector Development Program (“Project”) as described in Schedule 1 to the Project Grant Agreement;

(C) the Borrower has applied to ADB for a loan for the purposes of the Program; and

(D) ADB has agreed to make a concessional loan to the Borrower from ADB's ordinary capital resources to finance the Program upon the terms and conditions set forth herein;

NOW THEREFORE the parties agree as follows:

ARTICLE I

Loan Regulations; Definitions

Section 1.01. All the 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:

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:

ARTICLE II

The Loan

Section 2.01. (a) ADB agrees to lend to the Borrower from ADB's ordinary capital resources an amount of eighty-eight million six hundred thousand Dollars ($88,600,000).

(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 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. The Borrower shall cause the proceeds of the Loan to be applied to the financing of expenditures on the Program in accordance with the provisions of this Loan Agreement.

Section 3.02. The proceeds of the Loan shall be 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. The Loan Closing Date for the purposes of Section 8.02 of the Loan Regulations shall be 31 March 2020 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 Program, the Borrower shall perform, or cause to be performed, all obligations set forth in Schedule 4 to this Loan Agreement.

Section 4.02. As part of the reports and information referred to in Section 6.05 of the Loan Regulations, the Borrower shall furnish, or cause to be furnished, to ADB all such reports and information as ADB shall reasonably request concerning (i) Counterpart Funds and the use thereof, and (ii) the implementation of the Program, including the accomplishment of the targets and carrying out of the actions set out in the Policy Letter.

ARTICLE V

Suspension; Acceleration of Maturity

Section 5.01. The following is specified as an additional event for suspension of the right of the Borrower to make withdrawals from the Loan Account for the purposes of Section 8.01(m) of the Loan Regulations: the grant under the Project Grant Agreement shall have become liable for suspension or cancellation.

Section 5.02. The following is specified as an additional event for acceleration of maturity for the purposes of Section 8.07(d) of the Loan Regulations: the grant under the Project Grant Agreement shall have become liable for suspension for 30 days or cancellation.

ARTICLE VI

Effectiveness

Section 6.01. 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: the execution and delivery of the Project Grant Agreement on behalf of the Borrower shall have been duly authorized or ratified by all necessary action and all conditions precedent to its effectiveness (other than a condition requiring the effectiveness of this Loan Agreement) shall have been fulfilled.

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

ARTICLE VII

Miscellaneous

Section 7.01. 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 7.02. 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:

(84-24) 2220-8020

For ADB

Asian Development Bank

6 ADB Avenue

Mandaluyong City

1550 Metro Manila

Philippines

Facsimile Numbers:

(632) 636-2444

(632) 636-2305.

IN WITNESS WHEREOF 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 and year first above written and to be delivered at the principal office of ADB.

SCHEDULE 1

Description of the Program

1. The principal objective of the Program is to improve the quality of and access to local health care services for people in disadvantaged and remote areas of the Borrower. The scope of the Program includes (i) strengthening public investment management for local health care; (ii) improving service delivery models for the local health care network; and (iii) strengthening the development and management of the local health care workforce.

2. The Program is described in more detail in the Policy Letter.

3. The disbursement of Loan proceeds under the Program is expected to be completed by 31 March 2020.

SCHEDULE 2

Amortization Schedule

* The arrangements for payment are subject to the provisions of Sections 3.04 and 4.03 of the Loan Regulations.

SCHEDULE 3

Withdrawal of Loan Proceeds

1. Except as set out in this Schedule or as ADB may otherwise agree, the Loan proceeds shall be disbursed in accordance with the Loan Disbursement Handbook.

2. An application for withdrawal from the Loan Account shall be submitted to ADB by the Borrower and shall be in a form satisfactory to ADB.

3. (a) Prior to submitting the first application to ADB for withdrawal from the Loan Account, the Borrower shall nominate an account (the Deposit Account) at a commercial bank into which all withdrawals from the Loan Account shall be deposited. The Deposit Account shall be established, managed and liquidated in accordance with the applicable regulations and procedures of the Borrower.

(b) Separate accounts and records in respect of the Deposit Account shall be maintained in accordance with accounting principles acceptable to ADB. Upon ADB’s request, the Borrower shall have the financial statements for the Deposit Account audited by independent auditors, whose qualifications, experience and terms of reference are acceptable to ADB, in accordance with international standards for auditing or the national equivalent acceptable to ADB. Promptly after their preparation but in any event not later than 6 months after the date of ADB’s request, copies of such audited financial statements and the opinion of the auditors on the financial statements, in the English language, shall be furnished to ADB.

4. No Loan proceeds shall be withdrawn to finance any item specified in the Attachment to this Schedule.

5. The Borrower may withdraw the Loan upon effectiveness of this Loan Agreement.

Attachment to Schedule 3

Negative List

No withdrawals of Loan proceeds will be made for the following:

(i) expenditures for goods included in the following groups or sub-groups of the United Nations Standard International Trade Classification, Revision 3 (SITC, Rev. 3) or any successor groups or sub-groups under future revisions to the SITC, as designated by ADB by notice to the Borrower:

Table: Ineligible Items

SCHEDULE 4

Program Implementation and Other Matters

Implementation Arrangements

1. The Program Executing Agency shall oversee and coordinate the timely implementation of the policy actions.

2. The Borrower shall ensure that the Loan proceeds are made available to the Program Executing Agency for development and implementation of health policies and plans consistent with the Program.

Policy Actions and Dialogue

3. The Borrower, through MOH, shall ensure that all policy actions adopted under the Program, as set forth in the Policy Letter and the Policy Matrix, continue to be in effect for the duration of the Program.

4. The Borrower, through MOH, shall keep ADB informed of policy discussions with other multilateral and bilateral aid agencies that may have implications for the implementation of the Program and shall provide ADB with an opportunity to comment on any resulting policy proposals. The Borrower shall take into account ADB's views before finalizing and implementing any such proposal.

Use of Counterpart Funds

5. The Borrower shall ensure that the Counterpart Funds are used to finance the implementation of certain programs and activities consistent with the objectives of the Program.

Governance and Anticorruption

6. The Borrower and the Program Executing Agency shall (a) comply with ADB's Anticorruption Policy (1998, as amended to date) and acknowledge that ADB reserves the right to investigate directly, or through its agents, any alleged corrupt, fraudulent, collusive or coercive practice relating to the Program; and (b) cooperate with any such investigation and extend all necessary assistance for satisfactory completion of such investigation.

Monitoring and Review

7. The Program reviews shall be carried out and performance shall be monitored in conjunction with the Project reviews and monitoring, as detailed in the Project Grant Agreement.

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)

GRANT AGREEMENT dated 6 August 2019 between SOCIALIST REPUBLIC OF VIET NAM (“Recipient”) and ASIAN DEVELOPMENT BANK (“ADB”).

WHEREAS

(A) by a loan agreement of even date herewith between the Recipient and ADB (“Program Loan Agreement”), ADB has agreed to provide to the Recipient a loan from its ordinary capital resources equivalent to eighty-eight million six hundred thousand Dollars ($88,600,000) in support of the Recipient’s Local Health Care for Disadvantaged Areas Sector Development Program as described in paragraph 1 of the Schedule 1 to the Program Loan Agreement (“Program”);

(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

(C) ADB has agreed to make a grant to the Recipient from ADB’s Special Funds resources upon the terms and conditions set forth herein;

NOW THEREFORE the parties agree as follows:

ARTICLE I

Grant Regulations; Definitions

Section 1.01. All provisions of ADB's Special Operations Grant Regulations, dated 1 January 2017 (“Grant Regulations”), are hereby made applicable to this Grant Agreement with the same force and effect as if they were fully set forth herein.

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:

ARTICLE II

The Grant

Section 2.01. ADB agrees to make available to the Recipient from ADB’s Special Funds resources an amount of twelve million Dollars ($12,000,000).

ARTICLE III

Use of Proceeds of the Grant

Section 3.01. The Recipient shall cause the proceeds of the Grant to be applied exclusively to the financing of expenditures on the Project in accordance with the provisions of this Grant Agreement.

Section 3.02. The proceeds of the Grant shall be allocated and withdrawn in accordance with the provisions of Schedule 2 to this Grant Agreement, as such Schedule may be amended from time to time by agreement between the Recipient and ADB.

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.

Section 3.04. Withdrawals from the Grant Account in respect ofGoods and Services shall be made only on account of expenditures relating to:

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 4.01. In the carrying out of the Project and operation of the Project facilities, the Recipient, through MOH, shall perform, or cause to be performed, all obligations set forth in Schedule 3 to this Grant Agreement.

Section 4.02. (a) The Recipient, through MOH, shall (i) maintain or cause to be maintained, separate accountsand 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.

(b) ADB shall disclose the annual audited financial statements for the Project and the opinion of the auditors on the financial statements within 14 days of the date of ADB’s confirmation of their acceptability by posting them on ADB's website.

(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.

Section 4.03. The Recipient, through MOH, shall enable ADB's representatives to inspect the Project, the Goods and Services, and any relevant records and documents.

ARTICLE V

Suspension

Section 5.01. The following is specified as an additional event for 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 6.01. The following is specified as an additional condition to the effectiveness of this Grant Agreement for the purposes of Section 9.01(e) of the Grant Regulations: the Program Loan Agreement shall have been duly executed and delivered on behalf of, and shall have become legally binding upon, the Recipient, and all conditions precedent to its effectiveness (other than a condition requiring the effectiveness of this Grant Agreement) shall have been fulfilled.

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 7.01. The Minister of Finance of the Recipient is designated as representative of the Recipient for the purposes of Section 11.02 of the Grant Regulations.

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

For the Recipient

Ministry of Finance

No. 28 Tran Hung Dao Street

Hoan Kiem District

Ha Noi, Viet Nam

Facsimile Number:

(84-24) 2220-8020

For APB

Asian Development Bank

6 ADB Avenue

Mandaluyong City

1550 Metro Manila

Philippines

Facsimile Numbers:

(632) 636-2444

(632) 636-2305.

IN WITNESS WHEREOF the parties hereto, acting through their representatives thereunto duly authorized, have caused this Grant Agreement to be signed in their respective names as of the day and year first above written and to be delivered at the principal office of ADB.

SCHEDULE 1

Description of the Project

1. The objective of the Project is to improve the quality of and access to local health care services for women and men in disadvantaged and remote areas of the Recipient.

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:

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

SCHEDULE 2

Allocation and Withdrawal of Grant Proceeds

General

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.)

Basis for Withdrawal from the Grant Account

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.

Reallocation

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

Disbursement Procedures

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

Implementation Arrangements

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.

Procurement

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

Medical and IT Equipment

3. The Recipient shall, and shall cause the EA to, ensure that prior to preparing the relevant bidding documents, the EA has finalized an assessment of medical and IT equipment lists for each district hospital nominated to receive equipment under the Project by taking into account the needs of such district hospital and its existing inventory of equipment. The Recipient shall, and shall cause the EA to, ensure that the EA receives from each of the district hospitals receiving new equipment under the Project, an assurance that a suitable increase in the annual allocation for operations and maintenance budget of medial and IT equipment will be made in order to support the increase in equipment inventory under the Project.

Health Facility Waste Management

4. The Recipient shall, and shall cause the EA to, ensure that health facility waste management in health facilities supported under the Project (In particular, disposal of hazardous waste) is carried out in accordance with health care waste management guidelines developed by the EA, and that adequate budget, training and supplies are provided under the Project to do so.

Project Budget & Counterpart Support

5. The Recipient shall, and shall cause the EA to, ensure (i) adequate budgetary and human resources are made available to each of the Project provincial health bureaus to ensure mainstreaming of Project activities into the annual operations plans and budgets of such provincial health bureaus, and (ii) the provision of all necessary counterpart funds. In addition, the Recipient shall ensure that the EA has sufficient funds to satisfy its liabilities arising from any Goods and Services under the Project.

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.

Safeguards

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.

8. The Recipient shall, and shall cause the EA to, ensure that the preparation, design, implementation and operation of the project complies with (a) all applicable local laws and regulations relating to indigenous peoples; (b) the Indigenous Peoples Safeguards set out in the SPS; and (c) all measures and requirements set forth in the EMDP, and any corrective or preventative actions set forth in a Safeguard Monitoring Report.

Human and Financial Resources to Implement Safeguards Requirements

9. The Recipient shall, and shall cause the EA to, make available necessary budgetary and human resources to fully implement the EMDP.

Safeguards Monitoring and Reporting

10. The Recipient shall, and shall cause the EA to:

Prohibited List of Investments

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.

Gender and Development

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; (c) adequate resources are allocated for implementation of the GAP; and (d) progress on implementation of the GAP, including progress toward achieving key gender outcome and output targets, are regularly monitored and reported to ADB.

Financial Management

13. The Recipient shall, and shall cause the EA to, ensure that a sound financial management system is in place during Project implementation. In particular, the Recipient shall, and shall cause the EA to, within six months of the Effective Date: (i) prepare a manual and guidelines on financial management and procurement; (ii) carry out staff training on ADB’s procedures for financial management, procurement and the use of such manual; and (iii) ensure the implementation of such financial management system.

Governance and Antlcorruption

14. The Recipient shall, and shall cause the EA to, (i) comply with ADB’s Anticorruption and Integrity Policy (1998, as amended to date) and acknowledge that ADB reserves the right to investigate directly, or through its agents, any alleged corrupt, fraudulent, collusive or coercive practice relating to the project; and (ii) cooperate with any such investigation and extend all necessary assistance for satisfactory completion of such investigation.

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.