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: 42/2014/TB-LPQT

Hà Nội, ngày 30 tháng 06 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:

Hiệp định Nước chủ nhà giữa Chính phủ nước Cộng hòaxã hội chủ nghĩa Việt Nam và Tòa Trọng tài thường trực, ký tại Hà Nội ngày 23 tháng6 năm 2014, có hiệu lực kể từ ngày 23 tháng 6 năm 2014.

Bộ Ngoại giao trân trọng gửi bản sao Hiệp định theoquy định tại Điều 68 của Luật nêu trên (kèm bản dịch tiếng Việt để tham khảo)./.

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




Nguyễn Văn Ngự

HOST COUNTRY AGREEMENT

BETWEENTHE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE PERMANENT COURT OFARBITRATION

Preamble

The Government of the SocialistRepublic of Viet Nam (hereinafter referred to as the “Government”), and thePermanent Court of Arbitration (hereinafter referred to as the “PCA” andtogether, “the Parties”),

CONSIDERING THAT:

International arbitration is apreferred means for the peaceful resolution of international disputes;

The PCA was established by the1899 Convention for the Pacific Settlement of International Disputes (the “1899Convention”) at the first Hague Peace Conference, which was convened “with theobject of seeking the most objective means of ensuring to all peoples thebenefits of a real and lasting peace”;

The 1899 Convention was revised bythe 1907 Convention for the Pacific Settlement of International Disputes (the“1907 Convention”), adopted at the second Hague Peace Conference;

In the 1899 and 1907 Conventions,the Contracting Parties undertook to maintain the PCA accessible at all times,as a global institution for the settlement of international disputes throughthird-party intervention;

To further the objectives of the1899 and 1907 Conventions, it is material that Member States in all regions ofthe world enjoy access to international dispute resolution services provided bythe PCA;

The Socialist Republic of Viet Nambecame a Contracting Party to the 1899 Convention on December 29, 2011, and tothe 1907 Convention on February 27, 2012; and

The Secretary-General of the PCAhas invited the Socialist Republic of Viet Nam to become a host country forarbitration, mediation, conciliation, and fact-finding commissions of inquiryadministered by the PCA; and the Government has accepted the invitation of theSecretary-General of the PCA;

HAVE AGREED AS FOLLOWS:

Article 1 - Definitions

For the purposes of the presentAgreement:

(1) “Appropriate Authority”,within the meaning of Article 11 of this Agreement, shall mean such central,local or other authorities of the Socialist Republic of Viet Nam as may beappropriate in the context of the relevant provisions of this Agreement and inaccordance with the laws and regulations applicable in the Socialist Republicof Viet Nam;

(2) “International Bureau” shallmean the International Bureau of the PCA;

(3) “members of the family” shallmean spouse or the person living together as spouse, and children under 18years old;

(4) “Ministry of Foreign Affairs”shall mean the Ministry of Foreign Affairs of the Socialist Republic of VietNam;

(5) “Officials of the PCA” shallmean the Secretary-General and all members of the staff of the InternationalBureau;

(6) “Participant in Proceedings”shall mean any counsel, party, agent, or other party representative, witness,expert, as well as any interpreters, translators, or court reporters takingpart in a hearing, meeting, or other activity in relation to PCA Proceedings;

(7) “PCA Adjudicator” shall meanany arbitrator, mediator, conciliator, or member of a commission of inquirytaking part in a hearing, meeting, or other activity in relation to PCAProceedings;

(8) “PCA Meeting” shall mean anymeeting, including hearings in the context of PCA Proceedings and conferences,convened by the PCA;

(9) “PCA Proceedings” shall meanany dispute resolution proceedings administered by or under the auspices of thePCA, whether or not pursuant to the 1899 or 1907 Convention or any of the PCA’soptional rules of procedure;

(10) “property” mentioned in thisAgreement shall not consist of immovable property;

(11) “personnel of theGovernment" shall mean any person assigned by the Government to assist inthe conduct of any PCA Proceedings or PCA Meeting in the Socialist Republic ofViet Nam;

(12) “Secretary-General” shallmean the head of the International Bureau; and

(13) “UN Convention” shall meanthe Convention on the Privileges and Immunities of the United Nations, adoptedby the General Assembly of the United Nations on 13 February 1946.

Article 2 - Legal Capacity

The PCA shall have the legalcapacity necessary to conduct its peaceful resolution of international disputesthrough arbitration, mediation, conciliation, and fact-finding commissions ofinquiry and in providing other appropriate assistance regarding its peacefulresolution of international disputes in the Socialist Republic of Viet Nam togovernments, inter-­governmental organizations, and other entities, as well asactivities of cooperation in the Socialist Republic of Viet Nam in accordancewith the provisions of this Agreement.

Article 3 - Cooperation

(1) The Socialist Republic of VietNam shall be a host country for the PCA. As a host country, the Governmentshall strive to facilitate the work of the PCA in the peaceful resolution ofinternational disputes through arbitration, mediation, conciliation, andfact-finding commissions of inquiry and in providing other appropriateassistance regarding its peaceful resolution of international disputes in theSocialist Republic of Viet Nam to governments, inter-governmentalorganizations, and other entities.

(2) The Government shall makeavailable, on an as-needed basis and at no cost to the PCA, such office andmeeting space (including all public utilities therefor) and such secretarialservices as may reasonably be deemed necessary by the Secretary-General orother Officials of the PCA for activities undertaken in connection with PCAProceedings, as well as for PCA Meetings, in the Socialist Republic of VietNam.

(3) In making office or meetingspace available to the PCA under the terms of paragraph (2) of this Article,the Government shall make available, at no cost to the PCA, the means for suchtelephonic, fax, internet, or other communications as may reasonably be deemednecessary by Secretary-General or other Officials of the PCA.

Article 4 - Point of Contact

(1) On the part of the Government,the Ministry of Foreign Affairs shall coordinate on behalf of the Governmentall issues that may arise with respect to implementation of this Agreement.

(2) On the part of the PCA, theDeputy Secretary-General shall serve as the principal point of contact with theGovernment.

Article 5 - Privileges andImmunities of the PCA

(1) The PCA, its property andassets, located in the territory of the Socialist Republic of Viet Nam and bywhomsoever held, shall enjoy immunity from every form of legal process exceptinsofar as in any particular case it has expressly waived its immunity. It is,however, understood that no waiver of immunity shall extend to any measure ofexecution.

(2) The archives of the PCA, andin general all documents belonging to it or held by it in the territory of theSocialist Republic of Viet Nam, shall be inviolable.

(3) The PCA, its assets, incomeand other property shall be:

(a) exempt from all direct taxes;it is understood, however, that the PCA will not claim exemption from taxeswhich are, in fact, no more than charges for public utility services;

(b) exempt from customs duties andprohibitions and restrictions on imports and exports in respect of articlesimported or exported by the PCA for its official use. It is understood,however, that articles imported under such exemption will not be sold in theSocialist Republic of Viet Nam except under conditions agreed with theGovernment; and

(c) exempt from customs duties andprohibitions and restrictions on imports and exports in respect of its publications.It is understood, however, that publications imported under such exemption willnot be sold in the Socialist Republic of Viet Nam except under conditionsagreed with the Government.

(4) While the PCA will not, as ageneral rule, claim exemption from excise duties and from taxes on the sale ofproperty which form part of the price to be paid, nevertheless when the PCA ismaking important purchases for official use of property on which such dutiesand taxes have been charged or are chargeable, the Government will, wheneverpossible, make appropriate administrative arrangements for the remission orreturn of the amount of duty or tax.

(5) The Government shall permitand protect free communication on the part of the PCA for all official purposes(including communication by Officials of the PCA and PCA Adjudicators with thePCA or in relation to PCA Proceedings). The PCA shall enjoy in the territory ofthe Socialist Republic of Viet Nam for its official communications treatmentnot less favorable than that accorded by the Government to the United Nationsin Viet Nam in the matter of priorities, rates and taxes on mails, cables,telegrams, radiograms, telephotos, telephones and other communications; andpress rates for information to the press and radio.

(6) The official correspondence ofthe PCA (including by Officials of the PCA and PCA Adjudicators with the PCA orin relation to PCA Proceedings) shall be inviolable. The PCA shall have theright to use codes and to dispatch and receive its papers or correspondence bycourier or in bags, which shall be subject to the same privileges andimmunities as diplomatic couriers and bags.

Article 6 - Privileges andImmunities of Officials of the PCA and PCA Adjudicators

(1) Officials of the PCA and PCAAdjudicators shall enjoy, mutatis mutandis, the same immunities andprivileges as the Government accords to the officials of the United Nationspursuant to the UN Convention. In according privileges and immunities pursuant tothis Article, the Government shall not discriminate based on the nationality ofOfficials of the PCA or PCA Adjudicators.

(2) Notwithstanding the precedingparagraph, the privileges and immunities accorded by the Government to allOfficials of the PCA and PCA Adjudicators shall in no event include less than:

(a) immunity from personal arrestor detention and from seizure of their personal baggage;

(b) immunity from legal process ofevery kind in respect of words spoken or written and acts done by them in thecourse of the discharge of their duties in connection with the PCA; suchimmunity shall continue to be accorded even after the person has ceased toexercise his or her functions in connection with the PCA;

(c) inviolability for all papersand documents;

(d) the same privileges andfacilities in respect of currency and exchange as are accorded to the officialsof the United Nations in Viet Nam;

(e) the same immunities andfacilities in respect of their personal baggage as are accorded to theofficials of the United Nations in Viet Nam;

(f) exemption from taxation on anyfees, salaries, and emoluments paid to them by the PCA;

(g) immunity from national serviceobligations;

(h) together with the members oftheir families living with them into a household, the same privileges inrespect of entry and procedures to register residence for foreigners as theofficials of the United Nations in Viet Nam;

(i) together with the members oftheir families living with them into a household, the same repatriation facilitiesin time of international crises as the officials of the United Nations in VietNam; and

(j) the same right to import freeof duty their furniture and effects at the time of first taking up their postin the Socialist Republic of Viet Nam as the officials of the United Nations inViet Nam.

(3) Officials of the PCA or PCAAdjudicators who are Vietnamese nationals or permanent residents shall beentitled only to the immunities spelt out in paragraphs (2)(a) and (b) of thisArticle.

Article 7 - Immunity ofPersonnel of the Government

Personnel of the Government shallenjoy immunity from legal process in respect of words spoken or written and anyact performed by them in their official capacity in connection with the work ofthe PCA. Such immunity shall continue to be accorded even after the person hasceased to exercise his or her functions in connection with the PCA.

Article 8 - Privileges andImmunities of Participants in Proceedings

(1) During the period of theirmissions, Participants in Proceedings- shall be accorded the followingprivileges and immunities necessary for the independent exercise of theirfunctions:

(a) immunity from personal arrestor detention and from seizure of their personal baggage;

(b) immunity from legal process ofevery kind in respect of words spoken or written and all acts performed by themin the course of their participation in PCA Proceedings. This immunity shallcontinue to be accorded even after the person has ceased to participate in PCAProceedings;

(c) inviolability of documents andpapers;

(d) the right to receive papers orcorrespondence by courier or in sealed bags; and

(e) repatriation facilities intime of international crises.

(2) Participants in Proceedingswho are Vietnamese nationals or permanent residents shall only be entitled tothe immunities spelt out in paragraph 1(b) of this Article.

Article 9 - Acquisition andWaiver of Privileges and Immunities

(1) Officials of the PCA and PCAAdjudicators shall be entitled to privileges and immunities from the moment whenthey enter the Socialist Republic of Viet Nam to conduct their official dutiesor when the Government is informed by the PCA of the list of Officials of thePCA and PCA Adjudicators appointed to conduct their official duties in theSocialist Republic of Viet Nam if they are present in the Socialist Republic ofViet Nam, and such privileges and immunities shall cease at the moment when theOfficials of the PCA and PCA Adjudicators leave the Socialist Republic of VietNam or when they have completed their official duties if they are nationals orpermanent residents of Viet Nam, except as otherwise provided in thisAgreement. The PCA shall inform the Government of the list of Officials of thePCA and PCA Adjudicators appointed to conduct their official duties in theSocialist Republic of Viet Nam, the members of their families living with theminto a household, their arrival and final departure.

(2) When an Official of the PCA orPCA Adjudicator will be present to conduct their official duties in theSocialist Republic of Viet Nam, or may have need to invoke privileges andimmunities under this Agreement, a certification of the status of such personshall be provided to the Government under the signature of theSecretary-General.

(3) When personnel of theGovernment are assigned to assist in the conduct of PCA Proceedings in theSocialist Republic of Viet Nam, they shall enjoy immunities under thisAgreement from the moment of their assignment.

(4) Upon receipt of notificationfrom parties to PCA Proceedings as to the appointment of a Participant inProceedings, a certification of the status of such person shall be provided tothe Government under the signature of an Official of the PCA. The Governmentshall accord the privileges and immunities provided for in Article 8 uponreceiving this certification if the Participants in Proceedings are present inthe Socialist Republic of Viet Nam or from the moment when they enter theSocialist Republic of Viet Nam to conduct their official duties. Suchprivileges and immunities shall cease at the moment when the Participants inProceedings leave the Socialist Republic of Viet Nam or when they havecompleted their official duties if they are nationals or permanent residents ofViet Nam, except as otherwise provided in this Agreement.

(5) Whenever a determination isrequired as to whether a person enjoys status under this agreement entitlinghim or her to privileges and immunities, or of whether words or acts areconnected to the discharge of that person’s official duties, such determinationshall be made by the competent authority.

(6) The privileges and immunitiesprovided for in Articles 6 to 8 of this Agreement are granted in the interestsof the good administration of justice and not for the personal benefit of theindividuals themselves. The competent authority has the right and the duty towaive the immunity in any case where, in the opinion of such authority, theimmunity would impede the course of justice and can be waived without prejudiceto the interests of the PCA or to any PCA Proceedings in connection with whichthose privileges and immunities are granted.

(7) For the purposes of thisArticle, the competent authority shall be:

(a) in the case of PCAAdjudicators and Officials of the PCA (other than the Secretary-General), theSecretary General;

(b) in the case of theSecretary-General, the Administrative Council of the PCA;

(c) in the case of personnel ofthe Government, the Government;

(d) in the case of Participants inProceedings representing or designated by a State which is a party to therelevant PCA Proceedings, that State; and

(e) in the case of otherindividuals appearing at the instance of a party to PCA Proceedings, theSecretary-General.

Article 10- Abuse ofPrivileges and Immunities

(1) Without prejudice to theprivileges and immunities provided for in Articles 6 to 8 of this Agreement,the individuals referred to in those Articles shall observe the laws andregulations of the Socialist Republic of Viet Nam, and they shall not interferein the internal affairs, abuse the title of the PCA to have an act harmful tothe security, politics, independence, sovereignty and territorial integrity ofthe Socialist Republic of Viet Nam.

(2) The Secretary-General shalltake every precaution to ensure that no abuse of the privileges and immunitiesprovided for in Articles 6 to 8 of this Agreement shall occur. If theGovernment considers that there has been abuse of a privilege or immunityprovided for in Articles 6 to 8 of this Agreement, the Secretary-General shall,when so requested, enter into consultations with the relevant authorities ofthe Socialist Republic of Viet Nam to determine whether such abuse hasoccurred. If the consultations fail to achieve a result satisfactory to the Governmentand to the Secretary-General, the matter shall be resolved according to theprocedures established in Article 15 of this Agreement.

(3) In case of abuse of theprivileges and immunities committed by the individuals referred to in Articles6 to 8 in the course of activities carried out in the Socialist Republic ofViet Nam outside of their official duties, the Government may require theseindividuals to leave the Socialist Republic of Viet Nam, provided that:

(a) in the case of personsentitled to privileges and immunities as well as exemptions and facilitiesunder Article 6, they shall not be required to leave the Socialist Republic ofViet Nam otherwise than according to the diplomatic procedure applicable todiplomatic envoys accredited to the Socialist Republic of Viet Nam; and

(b) in the case of all otherindividuals to whom Article 6 is not applicable, no order to leave theSocialist Republic of Viet Nam shall be issued unless the Ministry of ForeignAffairs has approved it and the Secretary-General has been notified beforehand.

(4) Paragraph (3) of this Articledoes not apply to persons who are nationals or permanent residents of Viet Nam.

Article 11 - Security

(1) The Government shall take allappropriate steps to protect PCA Proceedings and Meetings conducted in theSocialist Republic of Viet Nam. The Appropriate Authorities shall ensure thesecurity and tranquility of PCA Proceedings and Meetings and protect againstany intrusion, disturbance of the peace, or impairment of the dignity of PCAProceedings and Meetings. As may be required for the purpose, the AppropriateAuthorities shall provide adequate physical protection on the boundaries and inthe vicinity of any office or meeting space provided to the PCA. In all cases,security arrangements shall be made in consultation with the Secretary-Generalor an Official of the PCA designated as his representative.

(2) The Government shall treat PCAAdjudicators and their partners, Officials of the PCA and their partners,Participants in Proceedings, and other persons attending PCA Meetings with duerespect and shall take all appropriate steps to prevent any attack on theirperson, freedom, or dignity. As may be required for the purpose, to bedetermined in consultation with the Secretary-General or an Official of the PCAdesignated as his representative, the Appropriate Authorities shall provideadequate physical protection for such persons during their travel within andsojourn in the territory of the Socialist Republic of Viet Nam.

Article 12 - Entry into HostCountry and Facilitation of Travel

(1) The Government shall take allreasonable measures to facilitate and allow the entry into and sojourn in theterritory of the Socialist Republic of Viet Nam of those non-residents andnon-nationals of the Socialist Republic of Viet Nam who enter as PCAAdjudicators, Officials of the PCA, or the members of their families,Participants in Proceedings, and other persons attending PCA Meetings.

(2) The Government shall take allreasonable measures to ensure that any visas which may be required for any ofthe persons referred to in paragraph 1 are issued as promptly as possible, andwithout charge, in order to allow the timely conduct of official businesspertaining to the PCA.

(3) No activity performed by anyperson referred to in paragraph 1 performed in his capacity with respect to thePCA shall constitute a reason for preventing his or her entry into or departurefrom the territory of the Socialist Republic of Viet Nam or for requiring himor her to leave such territory.

(4) Subject to its laws andregulations concerning zones into which entry is prohibited or regulated forreasons of national security, the Government shall ensure freedom of movementand travel in its territory to the persons referred to in paragraph 1. As maybe required for the purpose, to be determined in consultation with theSecretary-General or an Official of the PCA designated as his representative,the Government shall make available appropriate transportation to enable suchpersons to attend any PCA Proceeding or Meeting.

Article 13 - RegionalCooperation

The Government recognizes theimportance of regional cooperation for the effective settlement ofinternational and regional disputes. The Government shall therefore communicatethe existence of the facilities designated pursuant to this Agreement to thecompetent officials in other countries of the same region and encourage theiruse for PCA Proceedings.

Article 14 - InternationalResponsibility

The Government shall not incur anyinternational responsibility for acts or omissions of the PCA or of Officialsof the PCA acting or abstaining from acting within the scope of theirfunctions, other than the International responsibility that may arise from thefact that the Socialist Republic of Viet Nam is a Contracting Party to the 1899and 1907 Conventions.

Article 15 - DisputeSettlement

(1) Any dispute among the Partiesto the present Agreement that is not settled by negotiation shall be settled byfinal and binding arbitration in accordance with the Permanent Court ofArbitration-Optional Rules for Arbitration Involving InternationalOrganizations and States (the “Rules”), as in force on the date of signature ofthis Agreement. The number of arbitrators shall be one. The appointingauthority shall be the President of the International Court of Justice.

(2) In any such arbitrationproceedings, the registry, archive, and secretariat services of the PCA,referred to in Article 1, paragraph 3, and Article 25, paragraph 3, of theRules, will not be available, and the PCA shall not be empowered to request,hold, or disburse deposits of costs as provided for in Article 41, paragraph 1,of the Rules.

Article 16 - FinalProvisions

(1) This Agreement shall enter intoforce on the date of signature.

(2) At the request of theGovernment or the PCA, consultations shall be entered into with respect to themodification of the present Agreement. Any such modifications shall be made byconsent of both Parties to the Agreement.

(3) This Agreement may beterminated:

(a) by mutual consent of the PCAand the Government; or

(b) by either Party by givingnotice to the other Party at least one year in advance of the effective date oftermination.

IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed thisAgreement.

Done in Ha Noi, Viet Nam, on June23, 2014, only in English, in two authentic copies.

FOR THE GOVERNMENT OF
THE SOCIALIST REPUBLIC
OF VIET NAM




Ho Xuan Son
First Vice Minister of Foreign Affairs

FOR THE PERMANENT COURT
OF ARBITRATION





Hugo H. Siblesz
Secretary-General