Thông báo 22/2019/TB-LPQT hiệu lực Hiệp định tài trợ cho Dự án "Mở rộng nâng cấp đô thị Việt Nam" giữa Việt Nam và Hiệp hội phát triển quốc tế, có số khoản vay 6055-VN

THÔNG BÁO

VỀ HIỆU LỰC CỦA ĐIỀU ƯỚC QUỐC TẾ

Thực hiện quy định tại điều 56 của Luật Điều ước quốc tế năm 2016, Bộ Ngoại giao trân trọng thông báo:

Hiệp định tài trợ cho Dự án "Mở rộng nâng cấp đô thị Việt Nam" giữa nước Cộng hòa xã hội chủ nghĩa Việt Nam và Hiệp hội phát triển quốc tế, có số khoản vay 6055-VN, ký tại Hà Nội, ngày 29 tháng 6 năm 2018, có hiệu lực từ ngày 24 tháng 12 năm 2018.

Bộ Ngoại giao trân trọng gửi bản sao Hiệp định theo quy định tại Điều 59 của Luật nêu trên./.

FINANCING AGREEMENT

(Vietnam Scaling Up Urban Upgrading Project)

BETWEEN SOCIALIST REPUBLIC OF VIETNAM AND INTERNATIONAL DEVELOPMENT ASSOCIATION

AGREEMENT date June 29, 2018, entered into between SOCIALIST REPUBLIC OF VIETNAM ("Recipient") and INTERNATIONAL DEVELOPMENT ASSOCIATION "Association").

WHEREAS the Recipient has requested the Association to provide assistance towards the financing of the project described in Schedule 1 to the SUE Financing Agreement (as defined the Appendix to this Agreement) and the Association has agreed to provide such assistance, on the terms and subject to the conditions provided or referred to therein, in the amount of one hundred million Dollars (US$ 100,000,000).

NOW THEREFORE, the Recipient and the Association hereby agree as follows:

ARTICLE I - GENERAL CONDITIONS; DEFINITIONS

1.01. The General Conditions (as defined in the Appendix to this Agreement) constitute an integral part of this Agreement.

1.02. Unless the context requires otherwise, the capitalized terms used in this Agreement have the meanings ascribed to them in the General Conditions, the SUF Financing Agreement or in the Appendix to this Agreement.

ARTICLE II - FINANCING

2.01. The Association agrees to extend to the Recipient, on the terms and conditions set forth or referred to in this Agreement, a credit in an amount equivalent to one hundred three million two hundred thousand Special Drawing Rights (SDR 103,200,000) (“Financing”), to assist in financing of the Project.

2.02. The Recipient may withdraw the proceeds of the Financing in accordance with Section IV of Schedule 2 to the SUF Financing Agreement.

2.03. The Maximum Commitment Charge Rate payable by the Recipient on the Unwithdrawn Financing Balance shall be one-half of one parent (1/2 of 1%) per annum.

2.04. The Service Charge payable by the Recipient on the Withdrawn Credit Balance shall be equal to three-fourths of one percent (3/4 of 1%) par annum.

2.05. The Interest Charge payable by the Recipient on the Withdrawn Credit Balance shall be equal to one and a quarter percent (1.25%) per annum.

2.06. The Payment Dates are January 1 and July 1 in each year.

2.07. The principal amount of the Financing shall be repaid in accordance with the repayment schedule set forth in the Schedule to this Agreement.

2.08. The Payment Currency is Dollar.

ARTICLE 01 - PROJECT

3.01. The Recipient declares its commitment to the objectives of the Project. To this end, the Recipient shall carry out the Project through the Project Provinces in accordance with the provisions of Article IV of the General Conditions.

3.02. Without limitation upon the provisions of Section 3.01 of this Agreement, and except as the Recipient and the Association shall otherwise agree, the Recipient shall ensure that the Project is carried out in accordance with the provisions of Schedule 2 to the SUF Financing Agreement.

ARTICLE IV - EFFECTIVENESS; TERMINATION

4.01. The Additional Condition of Effectiveness consists of the following, namely, the SUF Financing Agreement has been executed and delivered and all conditions precedent to its effectiveness (other than the effectiveness of this Agreement) have been fulfilled.

4.02. The Effectiveness Deadline is the date ninety (90) days after the date of this Agreement.

4.03. For purposes of Section 8.05 (b) of the General Conditions, the date on which the obligations of the Recipient under this Agreement (other than those providing for payment obligations) shall terminate is twenty years after the date of this Agreement.

ARTICLE V - REPRESENTATIVE; ADDRESSES

5.01. The Recipient’s Representative is the Governor, or a Deputy Governor, of State Bank of Vietnam.

5.02. The Recipient’s Address is:

State Bank of Vietnam

49 Ly Thai To

Hanoi, Vietnam

5.03. The Association's Address is:

International Development Association

1818 H Street, N.W.

Washington, D.C. 20433

United States of America

AGREED at Hanoi, Vietnam, as of the day and year first above written.

SOCIALIST REPUBLIC OF VIETNAM

By

Authorized Representative

Name: Le Minh Hung

Title: Governor

INTERNATIONAL DEVELOPMENT ASSOCIATION

By

Authorized Representative

Name: Ousmone Dione

Title: Country Director

APPENDIX

Section I. Definitions

1. “General Conditions” means the “International Development Association General Conditions for Credits and Grants”, dated July 31, 2010, with the modifications set forth in Section II of this Appendix.

2. “SUF Financing Agreement” means the agreement for the Project between the Recipient and the Association, dated the same date as this Agreement, as such agreement may be amended from time to time. “SUF Financing Agreement” includes all appendices, schedules and agreements supplemental to the SUF Financing Agreement.

Section II. Modifications to the General Conditions

The General Conditions are hereby modified as follows:

1. Section 3.02 is modified to read as follows:

“Section 3.02. Service Charge and Interest Charge

(a) Service Charge. The Recipient shall pay the Association a service charge on the Withdrawn Credit Balance at the rate specified in the Financing Agreement, The Service Charge shall accrue from the respective dates on which amounts of the Credit are withdrawn and shall be payable semi-annually in arrears on each Payment Date, Service Charges shall be computed on the basis of a 360-day year of twelve 30-day months.

(b) Interest Charge. The Recipient shall pay the Association interest on the Withdrawn Credit Balance at the rate specified in the Financing Agreement. Interest shall accrue from the respective dates on which amounts of the Credit are withdrawn and shall be payable semi-annually in arrears on each Payment Date. Interest shall be computed on the basis of a 360-day year of twelve 30-day months.”

2. Paragraph 28 of the Appendix (“Financing Payment”) is modified by inserting the words “the Interest Charge” between the words “the Service Charge” and “the Commitment Charge”.

3. The Appendix is modified by inserting a new paragraph 32 with the following definition of “Interest Charge”, and renumbering the subsequent paragraphs accordingly:

“32. “Interest Charge” means the interest charge specified in the Financing Agreement for the purpose of Section 3.02 (b).”

4. Renumbered paragraph 37 (originally paragraph 36) of the Appendix (“Payment Date”) is modified by inserting the words "Interest Charges" between the words "Service Charges" and "Commitment Charges".

5. Renumbered paragraph 50 (originally paragraph 49) of the Appendix (“Service Charge”) is modified by replacing the reference to Section 3.02 with Section 3.02 (a).