BỘ NGOẠI GIAO
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CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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Số: 59/2014/TB-LPQT

Hà Nội, ngày 18 tháng 09 năm 2014

THÔNG BÁO

VỀ VIỆC ĐIỀU ƯỚCQUỐC TẾ CÓ HIỆU LỰC

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

Công hàm trao đổi giữa Chính phủ nước Cộng hòa xãhội chủ nghĩa Việt Nam và Chính phủ Nhật Bản về khoản viện trợ không hoàn lạiphi dự án trị giá 500 triệu Yên Nhật tài khóa 2013 nhằm cung cấp xe hơi cho SởCông an thành phố Hà Nội hỗ trợ công tác tuần tra, dẫn đường, phòng chống tộiphạm, giữ gìn trật tự an toàn giao thông, ký tại Hà Nội ngày 14 tháng 3 năm2014, có hiệu lực kể từ ngày 14 tháng 3 năm 2014.

Bộ Ngoại giao trân trọng gửi bản sao điều ước quốctế theo quy định tại Điều 68 của Luật nêu trên./.

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




Nguyễn Thị Minh Nguyệt

HANOI CITYPEOPLE’S COMMITTEE

Hanoi,March 14, 2014

Sir,

I have the honour to acknowledgethe receipt of your Note of today’s date, which reads as follows:

“I have the honour to refer to therecent discussions held between the representatives of the Government of Japanand of the Government of the Socialist Republic of Viet Nam concerning Japaneseeconomic cooperation to be extended with a view to strengthening friendly andcooperative relations between the two countries, and to propose on behalf ofthe Government of Japan the following understanding:

1. For the purpose of contributingto promotion of the economic and social development efforts by the Governmentof the Socialist Republic of Viet Nam, the Government of Japan shall extend tothe Government of the Socialist Republic of Viet Nam, in accordance with therelevant laws and regulations of Japan, a grant of five hundred millionJapanese Yen (¥500,000,000) (hereinafter referred to as “the Grant”).

Mr. HIDEO SUZUKI
Charge d’ Affaires ad interim of Japan

2. (1) The Grant and its accruedinterest shall be used by the Government of the Socialist Republic of Viet Namproperly and exclusively for the purchase of products and services enumeratedin a list to be mutually agreed upon between the authorities concerned of thetwo Governments, provided that such products are produced in and such servicesare supplied from eligible source countries, as well as for the purchase ofservices incidental to the said products and services.

(2) The list mentioned insub-paragraph (1) above will be subject to modifications which may be agreedupon between the authorities concerned of the two Governments.

(3) The scope of the eligiblesource countries mentioned in sub-paragraph (1) above shall be agreed uponbetween the authorities concerned of the two Governments.

3. (1) The Government of theSocialist Republic of Viet Nam shall open a yen ordinary deposit account at abank in Japan in the name of the Government of the Socialist Republic of VietNam (hereinafter referred to as “the Account”) immediately after the date ofentry into force of the present understanding and shall notify in writing theGovernment of Japan of the completion of the procedure for opening the Accountby March 14, 2014.

(2) The sole purpose of theAccount is to receive the payment in Japanese yen by the Government of Japanreferred to in paragraph 4 as well as to make payments necessary for thepurchase of the products and services referred to in sub-paragraph (1) of paragraph2, and such other payment as may be agreed upon between the authoritiesconcerned of the two Governments.

4. The Government of Japan shallexecute the Grant by making payment in Japanese yen of the amount referred toin paragraph 1 to the Account during the period between the date of receipt ofthe written notification referred to in sub-paragraph (1) of paragraph 3 andMarch 31, 2014. The period may be extended by mutual consent between theauthorities concerned of the two Governments.

5. (1) The Government of theSocialist Republic of Viet Nam shall take necessary measures:

(a) to ensure that the Grant andits accrued interest be completely disbursed from the Account to be ready forthe procurement of goods or services within a period of twelve months after thedate of the execution of the Grant unless the period is extended by mutualconsent between the authorities concerned of the two Governments and to refundthe amount remaining in the Account after the period to the Government ofJapan;

(b) to ensure that customs duties,internal taxes and other fiscal levies which may be imposed in the SocialistRepublic of Viet Nam with respect to the purchase of the products and servicesreferred to in sub-paragraph (1) of paragraph 2 shall not be borne by the Grantand its accrued interest;

(c) to ensure that the Grant andits accrued interest be used properly and effectively for promotion of theeconomic and social development efforts;

(d) to present to the Governmentof Japan a report prepared in a written form acceptable to the Government ofJapan on the transactions on the Account together with copies of contracts,vouchers and other documents concerning the relevant transactions without delaywhen the Grant and its accrued interest are completely used for the purchase ofthe products and services referred to in sub-paragraph (1) of paragraph 2, orwhen the period for the use of the Grant and its accrued interest expires inaccordance with the provisions of (a) above, or upon request by the Governmentof Japan; and

(e) to give due environmental andsocial consideration in the uses of the Grant and its accrued interest.

(2) While ensuring fair treatmentof sources of information, the Government of the Socialist Republic of Viet Namshall provide the Government of Japan with necessary information, includinginformation on corrupt practice, related to the Grant.

(3) The products purchased underthe Grant and its accrued interest shall not be re-exported from the SocialistRepublic of Viet Nam.

6. Further procedural details forthe implementation of the present understanding shall be agreed upon throughconsultation between the authorities concerned of the two Governments.

7. The two Governments shallconsult with each other in respect of any matter that may arise from or inconnection with the present understanding.

I have further the honour topropose that this Note and your Note in reply confirming on behalf of theGovernment of the Socialist Republic of Viet Nam the foregoing understanding shall constitute an agreement between the twoGovernments, which shall enter into force on the date of your Note in reply.

I avail myself of this opportunityto extend to you the assurance of my high consideration.”

I have further the honour toconfirm on behalf of the Government of the Socialist Republic of Viet Nam theforegoing understanding and to agree that your Note and this Note in replyshall constitute an agreement between the two Governments, which shall enterinto force on the date of this Note in reply.

I avail myself of this opportunityto extend to you the assurance of my high consideration.

Nguyen The Thao
Chairman of
Hanoi City People's Committee

EMBASSY OF JAPAN
HANOI

Hanoi,March 14, 2014

Sir,

I have the honour to refer to therecent discussions held between the representatives of the Government of Japanand of the Government of the Socialist Republic of Viet Nam concerning Japaneseeconomic cooperation to be extended with a view to strengthening friendly andcooperative relations between the two countries, and to propose on behalf ofthe Government of Japan the following understanding:

1. For the purpose of contributingto promotion of the economic and social development efforts by the Governmentof the Socialist Republic of Viet Nam, the Government of Japan shall extend tothe Government of the Socialist Republic of Viet Nam, in accordance with therelevant laws and regulations of Japan, a grant of five hundred millionJapanese Yen (¥500,000,000) (hereinafter referred to as “the Grant”).

2. (1) The Grant and its accruedinterest shall be used by the Government of the Socialist Republic of Viet Namproperly and exclusively for the purchase of products and services enumeratedin a list to be mutually agreed upon between the authorities concerned of thetwo Governments, provided that such products are produced in and such servicesare supplied from eligible source countries, as well as for the purchase ofservices incidental to the said products and services.

(2) The list mentioned insub-paragraph (1) above will be subject to modifications which may be agreedupon between the authorities concerned of the two Governments.

Mr. NGUYEN THE THAO
Chairman of
Hanoi City People’s Committee

(3) The scope of the eligiblesource countries mentioned in sub-paragraph (1) above shall be agreed uponbetween the authorities concerned of the two Governments.

3. (1) The Government of theSocialist Republic of Viet Nam shall open a yen ordinary deposit account at a bankin Japan in the name of the Government of the Socialist Republic of Viet Nam(hereinafter referred to as “the Account” ) immediately after the entry intoforce of the present understanding and shall notify in writing the Governmentof Japan of the completion of the procedure for opening the Account by March14, 2014.

(2) The sole purpose of theAccount is to receive the payment in Japanese yen by the Government of Japanreferred to in paragraph 4 as well as to make payments necessary for thepurchase of the products and services referred to in sub-paragraph (1) ofparagraph 2, and such other payment as may be agreed upon between theauthorities concerned of the two Governments.

4. The Government of Japan shallexecute the Grant by making payment in Japanese yen of the amount referred toin paragraph 1 to the Account during the period between the date of receipt ofthe written notification referred to in sub-paragraph (1) of paragraph 3 andMarch 31, 2014. The period may be extended by mutual consent between theauthorities concerned of the two Governments.

5. (1) The Government of theSocialist Republic of Viet Nam shall take necessary measures:

(a) to ensure that the Grant andits accrued interest be completely disbursed from the Account to be ready for theprocurement of goods or services within a period of twelve months after thedate of the execution of the Grant unless the period is extended by mutualconsent between the authorities concerned of the two Governments and to refundthe amount remaining in the Account after the period to the Government ofJapan;

(b) to ensure that customs duties,internal taxes and other fiscal levies which may be imposed in the SocialistRepublic of Viet Nam with respect to the purchase of the products and servicesreferred to in sub-paragraph (1) of paragraph 2 shall not be borne by the Grantand its accrued interest;

(c) to ensure that the Grant andits accrued interest be used properly and effectively for promotion of theeconomic and social development efforts:

(d) to present to the Governmentof Japan a report prepared in a written form acceptable to the Government ofJapan on the transactions on the Account together with copies of contracts,vouchers and other documents concerning the relevant transactions without delaywhen the Grant and its accrued interest are completely used for the purchase ofthe products and services referred to in sub-paragraph (1) of paragraph 2, orwhen the period for the use of the Grant and its accrued interest expires inaccordance with the provisions of (a) above, or upon request by the Governmentof Japan; and

(e) to give due environmental andsocial consideration in the uses of the Grant and its accrued interest.

(2) While ensuring fair treatmentof sources of information, the Government of the Socialist Republic of Viet Namshall provide the Government of Japan with necessary information, includinginformation on corrupt practice, related to the Grant.

(3) The products purchased underthe Grant and its accrued interest shall not be re-exported from the SocialistRepublic of Viet Nam.

6. Further procedural details forthe implementation of the present understanding shall be agreed upon throughconsultation between the authorities concerned of the two Governments.

7. The two Governments shallconsult with each other in respect of any matter that may arise from or inconnection with the present understanding.

I have further the honour topropose that this Note and your Note in reply confirming on behalf of theGovernment of the Socialist Republic of Viet Nam the foregoing understandingshall constitute an agreement between the two Governments, which shall enterinto force on the date of your Note in reply.

I avail myself of this opportunityto extend to you the assurance of my high consideration.

HIDEO SUZUKI
Charge d’ Affaires ad interim of Japan

Agreed Minutes on Procedural Details

With reference to paragraphs 2 and6 of the Exchange of Notes between the Government of the Socialist Republic ofViet Nam (hereinafter referred to as “the Recipient”) and the Government ofJapan (hereinafter referred to as “the Donor”) dated March 14, 2014(hereinafter referred to as “the Exchange of Notes”) concerning the Japaneseeconomic cooperation to be extended for the purpose of contributing topromotion of the economic and social development efforts by the Recipient(hereinafter referred to as “the Grant”), the representatives of the Recipientand of the Donor wish to record the following procedural details, as agreed uponbetween the authorities concerned of the two Governments;

1. List of Eligible Products andservices

The products and services referredto in sub-paragraph (1) of paragraph 2 of the Exchange of Notes except forincidental services (hereinafter referred to as the “Components”) shall bethose enumerated in Appendix 1.

2. Eligible Source Countries

The eligible source countriesreferred to in sub-paragraph (3) of paragraph 2 of the Exchange of Notes shallbe Japan, unless otherwise decided upon by mutual consent between theauthorities concerned of the two Governments.

3. Procurement

(1) The Grant and its accruedinterest shall be used for the purchase of the products and the servicesreferred to in sub-paragraph (1) of paragraph 2 of the Exchange of Notes withdue attention to economy and efficiency, unless otherwise agreed between theauthorities concerned of the two Governments.

(2) In order to ensure compliancewith such requirements, it is required that the Recipient employ an independentand competent agent for procurement of the products and services referred to insub-paragraph (1) of paragraph 2 of the Exchange of Notes.

The Recipient shall, therefore,conclude an employment contact, in principle within three months after the dateof entry into force of the Exchange of Notes, with Japan InternationalCooperation System (JICS) (hereinafter referred to as “the Agent”) to act onbehalf of the Recipient in accordance with the Scope of the Agent's Services asset forth in Appendix II.

(3) The said employment contractshall become effective upon the approval of the Donor in a written form.

(4) The contracts for purchase ofthe Components shall be concluded in Japanese Yen between the Agent andJapanese nationals (The term “Japanese nationals” in the present Agreed Minuteson Procedural Details means Japanese physical persons or Japanese juridicalpersons controlled by Japanese physical persons.).

(5) The Components shall beprocured in accordance with the “Procurement Guidelines of Japan's Non-ProjectGram Aid”, which set forth, inter alia, the procedures of tendering to befollowed except where such procedures are inapplicable or inappropriate.

(6) The Recipient shall takenecessary measures to expedite utilization of the Grant and its accruedinterest, including facilitation of the existing import procedures.

4. The Committee

(1) Within ten days after the dateof entry into force of the Exchange of Notes, the Recipient and the Donor shallappoint their representatives who will be members of a consultative committee(hereinafter referred to as “the Committee”), the role of which shall be todiscuss any matter that may arise from or in connection with the Exchange ofNotes. Immediately after the conclusion of the employment contract referred toin sub-paragraph (2) of paragraph 3 above, the Agent shall appoint itsrepresentative who will participate in the Committee meetings as an adviser.

(2) The Committee shall be chairedby the representative of the Recipient. Representatives of other organizationsthan the Agent may, when necessary, be invited to participate in the Committeemeetings to provide advisory services.

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

(4) The first meeting of theCommittee shall be held immediately after the approval of the Donor of theemployment contract referred to in sub-paragraph (2) of paragraph 3 above.Further meetings will be held upon request of either the Recipient or theDonor. The Agent may advise the Recipient and the Donor on the necessity tocall a meeting of the Committee.

5. Disbursement Procedure

Disbursement procedure relating tothe procurement of the Components and incidental services including the Agent’sfees under the Grant and its accrued interest shall be as follows;

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

(2) The Agent shall make requeststo the Bank for transferring of funds to cover expenses necessary for theprocurement of eligible Components and incidental services and the Agent'srelated services set forth in Appendix II. Each of the requests shall beaccompanied by a detailed estimate of the expenses which is to be covered bythe funds transferred and a copy of the approval by the Donor of the contractreferred to in sub-paragraph (3) of paragraph 3 above. A copy of the requestand of the estimation shall be sent at the same time to the Recipient.

(3) Pursuant to the Agent’srequest as per sub-paragraph (2) above, the Bank shall notify the Recipient ofthe request made by the Agent. The Bank shall pay the amount to the Agent fromthe account referred to in sub-paragraph (1) of paragraph 3 of the Exchange ofNotes (hereinafter referred to as “the Account”) unless the Recipient makesopposition to such payment within ten working days after the notification bythe Bank. The Agent shall make payments to suppliers from the fund received(hereinafter referred to as “the Advances”) in accordance with the terms of thecontracts with them.

After such payments, the Agent mayuse the remaining amount of the Advances, if any, for the procurement of othereligible Components and incidental services without transferring the saidamount back to the Account.

(4) Reimbursement procedure

When the total of the remainingamount in the Account and the remaining amount of the Advances (hereinafterreferred to collectively as “the Remaining Amount”) is less than 3% of theGrant and its accrued interest excluding the Agent’s fees, the Recipient mayrequest the Agent to reimburse the Remaining Amount to the Recipient forpayments which have already been made by the Recipient for the procurement ofthe products and/or services, which contribute to promotion of the economic andsocial development of the Socialist Republic Viet Nam, provided that suchpayments have been made on or after the date of entry into force of theExchange of Notes. The eligible source countries of such products and/orservices may be all countries and areas except the Socialist Republic of VietNam, notwithstanding the provisions of paragraph 2 above.

When the Agent deems the requestby the Recipient appropriate, the Agent shall make requests to the Bank fortransferring to the Agent the remaining amount in the Account by issuing to theBank a Certificate of Eligible Procurement for the Remaining Amount certifiedby both the Recipient and the Agent as per the form set forth in Appendix IV.After such transfer, the Agent shall reimburse the Remaining Amount to the Recipient.

(5) With respect to (a) ofsub-paragraph (1) of paragraph 5 of the Exchange of Notes, disbursements fromthe Account shall be made within a twelve-month period after the date of theexecution of the Grant, and no further disbursement shall be made thereafter,unless otherwise agreed between the authorities concerned of the twoGovernments.

6. Refund of the Remaining Amount:

With respect to (a) ofsub-paragraph (1) of paragraph 5 of the Exchange of Notes, when the Donorfinds, upon the receipt of the termination report pursuant to (d) ofsub-paragraph (1) of paragraph 5 of the Exchange of Notes, that the use of theGrant and its accrued interest is incomplete, it shall notify the Recipient ofthe procedures for refunding of the remaining amount of the Grant and itsaccrued interest. The Recipient shall refund the said remaining amount to theDonor without delay through such procedures as notified above.

7. Utilization of the Components

(1) The Recipient shall takenecessary measures:

(a) to ensure that the Componentsbe utilized, in principle, by end-users including the Recipient itself, fornon-commercial purposes;

(b) to ensure that the Componentsbe maintained and used properly and effectively for promotion of the economicand social development efforts; and

(c) to give due environmental andsocial consideration in the utilization referred to in (a) above.

(2) The Recipient shall inform theDonor through the Agent of the situation of the utilization referred to insub-paragraph (1)(a) above upon request by the Donor.

Hanoi,March 14, 2014

NGUYEN THE THAO
Chairman of
Hanoi City People's Committee

HIDEO SUZUKI
Charge d'Affaires ad interim of Japan

AppendixI

LISTOF ELIGIBLE PRODUCTS AND SERVICES (COMPONENTS)

- Next-generation eco-friendlyvehicles such as Hybrid Vehicle (HV), Plug-in Hybrid Electric Vehicle (PHEV),Electric Vehicle (EV) and Clean Diesel Vehicle (CD)

- Related equipment, materials,civil engineering, training services and other necessary services for operationand maintenance of next-generation eco-friendly vehicles

- Consultant services

AppendixII

Scopeof the Agent's Services

1. Collection of necessaryinformation and provision of advice to the Recipient, if necessary, on theComponents to be procured based on the request by the Recipient, includingavailability of supply of such Components.

2. Provision of information andadvice to the Committee meetings

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

4. (1) Preparation ofspecifications of the Components for the Recipient, including, where necessary,detailed discussions with the end-users

(2) Preparation of bid documentsappropriate to the type and value of the Components to be procured

(3) Advertisement of bids, wherethe competitive bidding is to be held, the wording of which is to be agreedupon between the Recipient and the Donor

(4) Evaluation of bids, includingboth technical and financial considerations

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

5. Receipt and utilization of theAdvances in accordance with the employment contract with the Recipient referredto in sub-paragraph (2) of paragraph 3 of the Agreed Minutes on ProceduralDetails

6. Negotiation and conclusion ofcontracts with suppliers, including satisfactory payment, shipment andinspection arrangements

7. Checking the progress ofsupplies to ensure that delivery dates are met

8. Providing the Recipient andend-users with documents containing detailed information of progress of orders,notification of orders placed, amendments to contracts, delivery information,shipping documents, etc.

9. Payment to suppliers from theAdvances

10. Providing the followingdocuments to the Recipient and the Donor;

(1) Certificate of EligibleProcurement as per Appendix III

(2) Pro forma invoice

11. Preparation of quarterlystatus reports for the Recipient and the Donor, covering enquiries, orders,order status, values and delivery information

12. Submission of quarterlystatements to the Recipient and the Donor detailing balance against the Grantand its accrued interest and all disbursements for the quarter

13. Transferring of the balance ofthe Advances to the Account after the period referred to in sub-paragraph (5)of paragraph 5 of the Agreed Minutes on Procedural Details

14. Submission to the Donor of anoverall evaluation report including details of all the Components shipped,source country, delivery date, value of the Components (including relevantcharges) and total amounts disbursed and remaining

AppendixIll

Certificateof Eligible Procurement

Date:

Ref. No.:

To whom it may concern:

With reference to the pro formainvoice attached hereto, we hereby certify that the procurement complies withall the relevant terms and conditions of the Exchange of Notes between theGovernment of Japan and the Government of the Socialist Republic of Viet Namdated March 14, 2014 and the Agreed Minutes on Procedural Details between theauthorities concerned of the two Governments dated March 14, 2014.

The following are the principalrelevant facts concerning the procurement.

1. Method of Procurement

(Insert X in appropriate place)

a. _____________: CompetitiveBidding

b. _____________: Limited Bidding

c. _____________: Shopping

d. _____________: DirectContracting

2. Components

a. Name of Components:

b. Origin:

3. Cost of Components andIncidental Services

a. Components:

b. Freight:

c. Marine Insurance:

d. Agent’s Fees:

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

4. Supplier

Name:

Address:

Nationality:

(Country where the Supplier isincorporated and registered)

5. Consignee

Name:

Address:

(Signature)
The Agent
Name Title

AppendixIV

Certificateof Eligible Procurement
for the Remaining Amount
(Reimbursement Procedure)

Date:

Ref. No.:

With reference to the paymentorder, the undersigned hereby certify that the procurement related to the saidpayment order as listed below complies with all the relevant terms andconditions of the Exchange of Notes between the Government of Japan and theGovernment of the Socialist Republic of Viet Nam dated March 14, 2014 and theAgreed Minutes on Procedural Details between the authorities concerned of thetwo Governments dated March 14, 2014.

The undersigned recipientrepresentative further certifies that the Recipient has neither heretoforeapplied for reimbursement under the Exchange of Notes nor for any otherfinancing arrangements with other sources of official assistance in respect ofany of the amount requested for reimbursement as covered by the payment order.

The following are the principalrelevant facts concerning the procurement.


1.

2.

3.

4.

5.

6.

7.

8.

9.

Transaction

Purchaser

Supplier (name)

Nationality of Supplier

Products and/or Services

Origin

Date of Payment

Amount of Payment

Method of Procurement

1.

2.

3.

4.

.

.

.

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

a. Covering letter made by anegotiating/paying bank

b. Bill of lading, post parcelreceipt or air consignment note

c. Invoice

Authorized Signature
(the Recipient)
Name, Title

Authorized Signature
(the Agent)
Name, Title

AppendixV

Termsof Reference of the Committee

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

2. To exchange views onallocations of the Grant and its accrued interest as well as on potentialend-users

3. To identify problems which maydelay the utilization of the Grant and its accrued interest, and to exploresolutions to such problems

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

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

Recordof Discussions

In connection with the Exchange ofNotes dated March 14, 2014 concerning Japanese economic cooperation to beextended with a view to strengthening friendly and cooperative relationsbetween the Socialist Republic of Viet Nam and Japan (hereinafter referred toas “the Exchange of Notes”), the representatives of the Vietnamese Delegationand of the Japanese Delegation wish to record the following:

1. With regard to paragraph 2 ofthe Exchange of Notes, the representative of the Japanese Delegation staled asfollows:

The Government of Japanunderstands that the Government of the Socialist Republic of Viet Nam will takenecessary measures to prevent any offer, gift or payment, consideration orbenefit which would be construed as a corrupt practice in the SocialistRepublic of Viet Nam from being made as an inducement or reward related to theaward of the contracts that the agent referred to in sub-paragraph (2) ofparagraph 3 of the Agreed Minutes on Procedural Details of the Exchange ofNotes will enter into with a view to purchasing the products and servicesreferred to in paragraph 2 of the Exchange of Notes.

2. The representative of theVietnamese Delegation stated that the Vietnamese Delegation has no objection tothe statement by the representative of the Japanese Delegation referred toabove.

Hanoi,March 14, 2014


NGUYEN THE THAO
Chairman of
Hanoi City People's Committee


HIDEO SUZUKI
Charge d’ Affaires ad interim of Japan