Agreement between the Government of the Socialist Republic of Vietnam and the Government of the Federal Republic of Germany regarding Technical Cooperation in 2016

AGREEMENT

BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY REGARDING TECHNICAL COOPERATION IN 2016

The Government of the Socialist Republic of Viet Nam And the Government of the Federal Republic of Germany,

in the spirit of the friendly relations existing between the Socialist Republic of Viet Nam and the Federal Republic of Germany,

desiring to strengthen and intensify those friendly relations through technical cooperation in a spirit of partnership,

aware that the maintenance of those relations constitutes the basis of this Agreement,

intending to contribute to social and economic development in the Socialist Republic of Viet Nam,

referring to the commitment made by the Embassy of the Federal Republic of Germany (Note Verbale No. 562/2016 of 22 December 2016),

have agreed as follows:

Article 1

(1) In pursuance of the Agreement of 20 November 1991 between the Government of the Federal Republic of Germany and the Government of the Socialist Republic of Viet Nam regarding Technical Cooperation, the following project shall continue to be supported:

Macroeconomic Reforms/Green Growth up to 3,000,000 euros (three million euros),

if on examination it has been found eligible for support.

(2) For the project specified in paragraph (1) above the Government of the Federal Republic of Germany shall make available at its own expense contributions totalling 3,000,000 euros (three million euros) in the form of personnel, inputs and, where appropriate, financial contributions. It shall charge the Deutsche GesellschaftfürlnternationaleZusammenarbeit (GIZ) GmbH, Eschborn, with the implementation of the project specified in paragraph (1) above.

(3) The Government of the Socialist Republic of Viet Nam shall guarantee that the project is provided with an itemised budget of its own in order to ensure its smooth implementation and shall ensure that the institutions it will charge with implementation provide the necessary contributions for the project specified in paragraph (1) above.

(4) The project specified in paragraph (1) above may be replaced by other projects provided the Government of the Federal Republic of Germany and the Government of the Socialist Republic of Viet Nam so agree.

(5) The commitment for the project specified in paragraph (1) above and for the technical cooperation sum specified in paragraph (2) above shall lapse without replacement if the implementation and financing agreements referred to in Article 2 of this Agreement are not concluded within a period of six years after the year in which the commitment was made. For the specified amount, without prejudice to the provisions of paragraph (4) above, this deadline shall be 31 December 2022. If, in the given period, implementation and financing agreements are concluded for a part of the commitment only, this cancellation clause shall apply solely to the amounts not covered by those agreements.

Article 2

Details of the project specified in Article 1 (1) of this Agreement and of the contributions and obligations shall be laid down in individual implementation agreements and, where appropriate, financing agreements, to be concluded between the institutions charged or to be charged under Article 1 (2) and (3) of this Agreement with the implementation of the project. These implementation and financing agreements shall be subject to the laws and regulations applicable in the Federal Republic of Germany.

Article 3

(1) The Government of the Socialist Republic of Viet Nam shall exempt the materials, motor vehicles, goods, items of equipment and spare parts imported on behalf and at the expense of the Government of the Federal Republic of Germany and used for the project specified in Article 1 (1) of this Agreement from all import and export duties, as well as licences, harbour dues, storage fees and other public charges, and shall ensure that these inputs are released without delay.

(2) The Government of the Socialist Republic of Viet Nam shall exempt the implementing organisation from all direct taxes incurred in the Socialist Republic of Viet Nam in connection with the conclusion and fulfilment of the implementation and financing agreements referred to in Article 2 of this Agreement,

(3) The Government of the Socialist Republic of Viet Nam shall, at the request of the German implementing organisation, refund value-added tax or similar indirect taxes levied in the Socialist Republic of Viet Nam on goods and services procured in connection with the conclusion and fulfilment in the Socialist Republic of Viet Nam of the implementation and financing agreements referred to in Article 2 of this Agreement. Any consumption taxes levied in this connection shall, on request, be borne by the Government of the Socialist Republic of Viet Nam.

This arrangement shall apply to the project specified in Article 1(1) above as well as to future follow-up measures with the same title, provided our two Governments desire to continue support for the project. Commitments of support from the Government of the Federal Republic of Germany for follow-up measures for the project specified in Article 1 (1) of this Agreement shall be effected by way of an official communication from the Government of the Federal Republic of Germany, which shall expressly refer to this arrangement.

Article 4

In all other respects the provisions of the Agreement of 20 November 1991 regarding Technical Cooperation referred to in Article 1(1) above shall apply to the present Agreement.

Article 5

(1 ) This Agreement shall enter into force on the date of signature thereof.

(2) The Contracting Parties may agree amendments to this Agreement.

(3) Any disputes concerning the interpretation or application of this Agreement shall be settled amicably by the Contracting Parties by means of talks or negotiations.

Done at Hanoi on 18^th, December 2017 in duplicate in the German, Vietnamese and English languages, all three texts being authentic. In case of divergent interpretations of the German and Vietnamese texts, the English text shall prevail.