Thông báo hiệu lực của Công hàm trao đổi về hợp tác giữa Việt Nam và Tòa Trọng tài thường trực

THÔNG BÁO

VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC

Thực hiện quy định tại Khoản 3, Điều 47 của Luật Ký kết, gia nhập và thực hiện điều ước quốc tế năm 2005, Bộ Ngoại giao trân trọng thông báo:

Công hàm trao đổi về hợp tác giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Tòa Trọng tài thường trực và, ký tại Hà Nội ngày 23 tháng 6 năm 2014, có hiệu lực kể từ ngày 23 tháng 6 năm 2014.

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

H.E. Mr. Ho Xuan Son
First Vice Minister of Foreign Affairs
of the Socialist Republic of Viet Nam
Ministry of Foreign Affairs

BY HAND

RE: COOPERATION BETWEEN THE SOCIALIST REPUBLIC OF VIET NAM AND THE PERMANENT COURT OF ARBITRATION - NOTE IN REPLY

Your Excellency,

I have the honour to acknowledge the receipt of your letter of June 23, 2014, which reads as follows:

“Your Excellency,

I would like to present my compliments to Your Excellency and have the honour to bring to your attention the following:

The Socialist Republic of Viet Nam acceded to the 1899 Convention for the Pacific Settlement of International Disputes on December 29, 2011 and the 1907 Convention for the Pacific Settlement of International Disputes on February 27, 2012.

The Government of the Socialist Republic of Viet Nam (hereinafter referred to as the “Government”) wishes to strengthen its cooperation with the Permanent Court of Arbitration (hereinafter referred to as the “PCA”), including through the signing and implementation of a Host Country Agreement.

The Government believes that the cooperation between the Government and the PCA could be enhanced through capacity-building and training activities. The Government therefore proposes that:

1. where possible and within its mandate, and at the request of the Government, the PCA provide training courses or seminars programmed on mutually agreed topics in international law and dispute resolution, including but not limited to the procedural aspects of international arbitration involving States, State-controlled entities, and Inter-Governmental Organizations, Such training programs may be conducted at the Peace Palace in The Hague, in Viet Nam, or any other location as mutually agreed;

2. the PCA inform the Government of relevant lectures and training events organized by the PCA that may be of interest to Vietnamese nationals;

3. the Government may propose candidates to be considered for the internship or fellowship programs at the PCA. Such candidates shall be proposed in accordance with the regular admission process of the PCA for the applicable position and shall be subject to the PCA’s competitive selection procedure;

4. subject to confidentiality and similar considerations, the Parties exchange information on matters and activities of concern to either or both Parties; and

5. at the request of the Government, the PCA provide general information and advice on procedural matters in PCA-administered proceedings not related to any particular PCA proceeding.

The above-mentioned cooperation activities shall be limited by the PCA's mandate and subject to the availability of resources

The Ministry of Foreign Affairs of the Socialist Republic of Viet Nam will be the contact point for the Government.

If the aforesaid proposals are acceptable to the PCA, this Letter and Your Excellency’s Letter in reply to that effect shall constitute an agreement on cooperation between the Government and the PCA, which shall enter into force on the date of the receipt of Your Excellency’s Letter in reply and shall remain in force until three months after the date of the receipt of written notice of termination by either Party.

I avail myself of this opportunity to renew to Your Excellency the assurance of my highest consideration.”

I have the honour to inform you that the proposal of the Government of the Socialist Republic of Viet Nam as set out in your letter is acceptable to the Permanent Court of Arbitration (“PCA”), and to confirm that your letter and this letter shall constitute an agreement between the Socialist Republic of Viet Nam and the PCA, which shall enter into force on the date of your receipt of this letter.

I avail myself of this opportunity to renew to you the assurances of my highest consideration.

Yours sincerely,

Hugo H. Siblesz
Secretary-General

Ha Noi, June 23, 2014

Your Excellency,

I would like to present my compliments to Your Excellency and have the honour to bring to your attention the following:

The Socialist Republic of Viet Nam acceded to the 1899 Convention for the Pacific Settlement of International Disputes on December 29, 2011 and the 1907 Convention for the Pacific Settlement of International Disputes on February 27, 2012.

The Government of the Socialist Republic of Viet Nam (hereinafter referred to as the “Government”) wishes to strengthen its cooperation with the Permanent Court of Arbitration (hereinafter referred to as the “PCA”), including through the signing and implementation of a Host Country Agreement.

The Government believes that the cooperation between the Government and the PCA could be enhanced through capacity-building and training activities. The Government therefore proposes that:

1. where possible and within its mandate, and at the request of the Government, the PCA provide training courses or seminars programmed on mutually agreed topics in international law and dispute resolution, including but not limited to the procedural aspects of international arbitration involving States, State-controlled entities, and Inter-Govemmental Organizations. Such training programs may be conducted at the Peace Palace in The Hague, in Viet Nam, or any other location as mutually agreed;

To:

H.E. Mr. Hugo H. Siblesz
Secretary-General of the
Permanent Court of Arbitration

2. the PCA inform the Government of relevant lectures and training events organized by the PCA that may be of interest to Vietnamese nationals;

3. the Government may propose candidates to be considered for the internship or fellowship programs at the PCA. Such candidates shall be proposed in accordance with the regular admission process of the PCA for the applicable position and shall be subject to the PCA's competitive selection procedure;

4. subject to confidentiality and similar considerations, the Parties exchange information on matters and activities of concern to either or both Parties; and

5. at the request of the Government, the PCA provide general information and advice on procedural matters in PCA-administered proceedings not related to any particular PCA proceeding.

The above-mentioned cooperation activities shall be limited by the PCA's mandate and subject to the availability of resources.

The Ministry of Foreign Affairs of the Socialist Republic of Viet Nam will be the contact point for the Government.

If the aforesaid proposals are acceptable to the PCA, this Letter and Your Excellency’s Letter in reply to that effect shall constitute an agreement on cooperation between the Government and the PCA, which shall enter into force on the date of the receipt of Your Excellency's Letter in reply and shall remain in force until three months alter the date of the receipt of written notice of termination by either Party.

I avail myself of this opportunity to renew to Your Excellency the assurances of my highest consideration.