Công văn 2282/BTC-QLN năm 2020 về thông báo hiệu lực của Hiệp định Chương trình đầu tư phát triển mạng lưới y tế cơ sở vùng khó khăn vay vốn ADB do Bộ Tài chính ban hành

BỘ TÀI CHÍNH -------	CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM Độc lập - Tự do - Hạnh phúc ---------------
Số: 2282/BTC-QLN V/v thông báo hiệu lực của Hiệp định Chương trình đầu tư phát triển mạng lưới y tế cơ sở vùng khó khăn vay vốn ADB.	Hà Nội, ngày 2 tháng 3 năm 2020

 

Kính gửi:

- Bộ Y tế; - Bộ Ngoại giao; - Ủy ban nhân dân các tỉnh Tuyên Quang, Bắc Giang, Phú Thọ, Điện Biên, Lai Châu, Nghệ An, Hà Tĩnh, Quảng Nam, Phú Yên, Bình Thuận, Kon Tum, Gia Lai, Đắk Nông, Bình Phước, Sóc Trăng, Cà Mau.

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./.

 

Nơi nhận: - Như trên; - VPCP; - Lưu: VT, QLN (06).

KT. BỘ TRƯỞNG THỨ TRƯỞNG Trần Xuân Hà

 

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:

(a)	Section 2.01 (v) is deleted and the following is substituted therefor: “Program” means the program for which ADB has agreed to make the Loan, as described in the Loan Agreement and as the description thereof may be amended from time to time by agreement between ADB and the Borrower;
(b)	The term “Project” wherever it appears in the Loan Regulations shall be substituted by the term “Program”;
(c)	Section 2.01 (x) is deleted and the following is substituted therefor: “Program Executing Agency” means the entity or entities responsible for the carrying out of the Program as specified in the Loan Agreement;
(d)	The term "Project Executing Agency" wherever it appears in the Loan Regulations shall be substituted by the term “Program Executing Agency”; and
(e)	Section 5.01(b) is deleted.

Section 1.02. Wherever used in this Loan Agreement, the several terms defined in the Loan Regulations have the respective meanings therein set forth unless modified herein or the context otherwise requires. Additional terms used in this Loan Agreement have the following meanings:

(a)	“Counterpart Funds” means the local currency generated from the Loan proceeds under the Program and referred to in paragraph 5 of Schedule 4 to this Loan Agreement;
(b)	“Deposit Account” means the account referred to in paragraph 3 of Schedule 3 to this Loan Agreement;
(c)	“Loan Disbursement Handbook” means ADB’s Loan Disbursement Handbook (2017, as amended from time to time);
(d)	“MOH” means the Ministry of Health of the Borrower or any successor thereto;
(e)	“Policy Matrix” means the policy matrix as agreed between the Borrower, through MOH, and ADB, which sets forth actions accomplished or to be accomplished by the Borrower under the Program and is attached to the Policy Letter; and
(f)	“Program Executing Agency” for the purposes of, and within the meaning of, the Loan Regulations means MOH or any successor thereto acceptable to ADB, which is responsible for the carrying out of the Program.

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.

 

	SOCIALIST REPUBLIC OF VIET NAM By________________ TRAN XUAN HA Deputy Minister Ministry of Finance
	ASIAN DEVELOPMENT BANK By________________ ERIC SIDGWICK Country Director Viet Nam Resident Mission

 

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

 

	Date Payment Due	Payment of Principal (Expressed in US Dollars)
	1 May 2024	2,215,000
	1 November 2024	2,215,000
	1 May 2025	2,215,000
	1 November 2025	2,215,000
	1 May 2026	2,215,000
	1 November 2026	2,215,000
	1 May 2027	2,215,000
	1 November 2027	2,215,000
	1 May 2028	2,215,000
	1 November 2028	2,215,000
	1 May 2029	2,215,000
	1 November 2029	2,215,000
	1 May 2030	2,215,000
	1 November 2030	2,215,000
	1 May 2031	2,215,000
	1 November 2031	2,215,000
	1 May 2032	2,215,000
	1 November 2032	2,215,000
	1 May 2033	2,215,000
	1 November 2033	2,215,000
	1 May 2034	2,215,000
	1 November 2034	2,215,000
	1 May 2035	2,215,000
	1 November 2035	2,215,000
	1 May 2036	2,215,000
	1 November 2036	2,215,000
	1 May 2037	2,215,000
	1 November 2037	2,215,000
	1 May 2038	2,215,000
	1 November 2038	2,215,000
	1 May 2039	2,215,000
	1 November 2039	2,215,000
	1 May 2040	2,215,000
	1 November 2040	2,215,000
	1 May 2041	2,215,000
	1 November 2041	2,215,000
	1 May 2042	2,215,000
	1 November 2042	2,215,000
	1 May 2043	2,215,000
	1 November 2043	2,215,000
	Total	88,600,000

* 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

Chapter	Heading	Description of Items
112		Alcoholic beverages
121		Tobacco, unmanufactured; tobaco refuse
122		Tobaco, manufactured (whether or not containing tobaco substitute
525		Radioative and associated materials
667		Pearls, precious and semiprecious stones, unworked or worked
718	718.7	Nuclear reactors, and parts thereof, fuel elements (cartridges), nonirradiated for nuclear reators
728	728.43	Tobaco processing machinery
897	897.3	Jewelry of gold, silver or platinum-group metals (except watches and watch cases) and goldsmiths’ or silversmiths’ wares (including set gems)
971		Gold, nonmonetary (excluding gold ore and concentrates)
Source: Unites Nations.
(ii)	expenditures in the currency of the Borrower or for goods supplied from the territory of the Borrower;
(iii)	expenditures for goods supplied under a contract that any national or international financing institution or agency will have financed or has agreed to finance, Including any contract financed under any loan or grant from the ADB;
(iv)	expenditures for goods intended for a military or paramilitary purpose or for luxury consumption;
(v)	expenditures for narcotics;
(vi)	expenditures for environmentally hazardous goods, the manufacture, use or import of which is prohibited under the laws of the Borrower or international agreements to which the Borrower is a party; and
(vii)	expenditures on account of any payment prohibited by the Borrower in compliance with a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations.

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:

(a)	“BHSP” means the basic health service package as described in the PAM;
(b)	“Consulting Services” means consulting services as described in the Procurement Regulations and set out in the Procurement Plan, and to be financed out of the proceeds of the Grant;
(c)	“DHCs” means district health centers as described in the PAM;
(d)	“EA” or “Project Executing Agency” means MOH or any successor thereto acceptable to ADB, which is responsible for carrying out of the Project;
(e)	“EMDP” means the ethnic minority development plan for the Project, including any updates thereto, prepared and submitted by the EA and cleared by ADB;
(f)	“GAP” means the gender action plan prepared for the Project, including any update thereto, and agreed to between the EA and ADB;
(g)	“Goods” means equipment and materials as set out in the Procurement Plan and to be financed out of the proceeds of the Grant, including any related Nonconsulting Services such as transportation, insurance, installation,commissioning, training, and initial maintenance;
(h)	“Indigenous Peoples Safeguards” means the principles and requirements set forth in Chapter V, Appendix 3 and Appendix 4 (as applicable) of the SPS;
(i)	“Loan Disbursement Handbook” means ADB’s Loan Disbursement Handbook (2017, as amended from time to time);
(j)	“MOH” means the Ministry of Health of the Recipient or any successor thereto;
(k)	“Nonconsulting Services” means nonconsulting services as described in the Procurement Regulations and set out in the Procurement Plan, and to be financed out of the proceeds of the Grant;
(l)	“PAM” means the project administration manual for the Project dated 13 November 2018 and agreed between the Recipient, through MOH, and ADB, as updated from time to time in accordance with the respective administrative procedures of the Recipient and ADB;
(m)	“Procurement Plan” means the procurement plan for the Project dated 13 November 2018 and agreed between the Recipient, through MOH, and ADB, as updated from time to time in accordance with the Procurement Policy, the Procurement Regulations, and other arrangements agreed with ADB;
(n)	"Procurement Policy" means ADB's Procurement Policy - Goods, Works, Nonconsulting and Consulting Services (2017, as amended from time to time);
(o)	“Procurement Regulations” means ADB’s Procurement Regulations for ADB Borrowers - Goods, Works, Nonconsulting and Consulting Services (2017, as amended from time to time);
(p)	“Safeguard Monitoring Report” means each report prepared and submitted by the EA to ADB that describes progress with implementation of and compliance with the EMDP, including any corrective and preventative actions;
(q)	“Services” means Consulting Services and Nonconsulting Services; and
(r)	“SPS” means ADB's Safeguard Policy Statement (2009).

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:

(a)	Goods which are produced in and supplied from and Services which are supplied from such member countries of ADB as shall have been specified by ADB from time to time as eligible sources for procurement; and
(b)	Goods and Services which meet such other eligibility requirements as shall have been specified by ADB from time to time.

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.

 

	SOCIALIST REPUBLIC OF VIET NAM By________________ TRAN XUAN HA Deputy Minister Ministry of Finance
	ASIAN DEVELOPMENT BANK By________________ ERIC SIDGWICK Country Director Viet Nam Resident Mission

 

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:

Component 1: Strengthening Equipment Management for Local Health Care facilities at district level
(a)	equipping DHCs with preventive and curative functions to deliver health services;
(b)	equipping DHCs which operate centralized testing units to meet quality and biosafety standards; and
(c)	equipping DHCs to meet the service delivery requirements of the family medicine model.
Component 2: Improving Implementation of Service Models for the Local Health Care Network
(a)	piloting implementing service models for disease surveillance and response, primary health care, family medicine principles; and
(b)	conducting health information, education and communication campaigns on improved service models.
Component 3: Strengthening the Local Health Care Workforce Financing, Management and Development
(a)	assessing local health care human resources capacity for health security functions, family medicine, and service management;
(b)	providing recommendations for further policy reforms for local health care delivery; and
(c)	delivering the training program on family medicine; and implementing trainings addressing health security, and service management capacity gaps.

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,

(a)

if the amount of the Grant allocated to any Category appears to be insufficient to finance all agreed expenditures in that Category, ADB may, in consultation with the Recipient, (i) reallocate to such Category, to the extent required to meet the estimated shortfall, amounts of the Grant which have been allocated to another Category but, in the opinion of ADB, are not needed to meet other expenditures, and (ii) if such reallocation cannot fully meet the estimated shortfall, reduce the withdrawal percentage applicable to such expenditures in order that further withdrawals under such Category may continue until all expenditures thereunder shall have been made; and

(b)

if the amount of the Grant allocated to any Category appears to exceed all agreed expenditures in that Category, ADBmay, in consultation with the Recipient, reallocate such excess amount to any other Category.

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

ALLOCATION AND WITHDRAWAL OF GRANT PROCEEDS
Number	Item	Total Amount Allocated for ADB Financing ($)	Basis for Withdrawal from the Grant Account
		Category
1	Equipment	6,094,905	100% of total expenditure claimed
2	Trainings and workshops	1,679,871	100% of total expenditure claimed
3	Local health care system development	2,544,409	100% of total expenditure claimed
4	Consulting Services	351,557	100% of total expenditure claimed
5	Project management	729,258	100% of total expenditure claimed
	TOTAL	12,000,000

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;

(a)	the procurement of Goods and Services is carried out in accordance with the Procurement Policy and the Procurement Regulations;
(b)	Goods and Services will be procured based on the detailed arrangements set forth in the Procurement Plan, including the procurement and selection methods, the type of bidding documents, and ADB’s review requirements. The Recipient shall, and shall cause the EA to, modify the detailed arrangements set forth in the Procurement Plan only with the prior agreement of ADB, and such modifications must be set out in updates to the Procurement Plan; and
(c)	(i) all Goods procured and Services obtained (including all computer hardware, software and systems, whether separately procured or incorporated within other goods and services procured) do not violate or infringe any industrial property or intellectual property right or claim of any third party; and (ii) all contracts for the procurement of Goods and Services contain appropriate representations, warranties and, if appropriate, indemnities from the contractor, supplier, consultant or service provider with respect to the matters referred to in this subparagraph.

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:

(a)	submit semi-annual Safeguards Monitoring Reports to ADB and disclose relevant information from such reports to affected persons promptly upon submission;
(b)	if any unanticipated environmental and/or social risks and impacts arise during implementation or operation of the project that were not considered in the EMDP, promptly inform ADB of the occurrence of such risks or impacts, with detailed description of the event and proposed corrective action plan; and
(c)	report any actual or potential breach of compliance with the measures and requirements set forth in the EMDP promptly after becoming aware of the breach.

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.