Thông báo 18/2021/TB-LPQT về hiệu lực Hiệp định về dự án Thành lập Trung tâm tư vấn và giải pháp công nghệ Việt Nam - Hàn Quốc giữa Việt Nam - Đại Hàn Dân quốc

THÔNG BÁO

VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC

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

Hiệp định giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Đại Hàn Dân quốc về dự án Thành lập Trung tâm tư vấn và giải pháp công nghệ Việt Nam - Hàn Quốc, ký tại Hà Nội ngày 11 tháng 12 năm 2020, có hiệu lực từ ngày 11 tháng 12 năm 2020.

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

AGREEMENT

BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE REPUBLIC OF KOREA ON THE PROJECT OF ESTABLISHMENT OF VIET NAM - KOREA TECHNOLOGY ADVICE AND SOLUTIONS FROM KOREA (VTIASK) CENTER

This Agreement is made on the basis of the results of the Joint Committee on Industry between Ministry of Industry and Trade of Vietnam and Ministry of Trade, Ministry of Industry and Energy of Korea according to Verbal Note dated June 25^th, 2019 by Ministry of Trade, Industry and Energy of Korea with regards to the confirmation of granting non-refundable aid to implement the Project of Viet Nam - Korea Technology Advice and Solutions from Korea Center.

The content of this Agreement is as follows:

Article 1. Project overview

1.1. Project title and related agencies

- Project title: Establishment of Viet Nam - Korea Technology Advice and Solutions from Korea (VITASK) Center.

- Project implementation site: Lot TTĐT5, Education and Training Zone, Hoa Lac High-tech Park, Thang Long Freeway, Thach That District, Hanoi.

- Operation duration of project: 5 years.

1.2. Sponsoring agency and implementing agency (Korean side)

- Sponsoring agency: Ministry of Trade, Industry and Energy (MOTIE).

- Implementing agency: Korea Institute for Advancement of Technology (KIAT).

1.3. Line agency and and Project agency (Vietnamese side)

- Line agency: Ministry of Industry and Trade (MOIT)

- Project agency: Viet Nam Industry Agency (VIA)

1.4. Conditions and ability of granting ODA

- Capital limit: 15 million USD

- Conditions of granting ODA: None

- Korea’s ability of granting ODA: 10.6 million US dollars provided by the Korean Government as non-refundable aid through MOTIE in accordance with the laws and regulations in effect in the Republic of Korea.

- Viet Nam’s ability of counterpart financing: 4.4 million US dollars self-provided by MOIT from the Supporting Industry Development Program, annual budget and available facilities of MOIT.

1.5. Objectives of the project

- Establishing technical infrastructure and facilities, developing supporting services for entrepreneurs in the supporting industry sector with a view to improving entrepreneurs’ capacity in the supporting industry sector, participating in global production chain through technology transfer, improvement of production capacity.

- Supporting transfer of Korean technology to Vietnamese enterprises; improving production capacity for domestic enterprises through consulting activities, training, business networking, etc.

1.6. Outcomes of the project

- Organizing programs of human resources training in the industrial sector, industrial consultants training in Vietnam.

- Organizing programs of technical consultancy to improve production capacity for industrial manufacturing enterprises.

- Introducing supporting industrial products and organizing programs of technology introduction and exchange among Vietnamese enterprises and Korean enterprises.

1.7. Content and main activities of the project

The main components and activities and content of the project include:

Component 1: Establishment of technical infrastructure and facility for VITASK center

- Setting the premise and basic infrastructure for the center;

- Procurement and installation of office equipment for the center;

Component 2: Supplying and operating machines and equipment for functional areas of VITASK center

- Machinery and equipment for VITASK center;

- Equipment and machinery for trial production, testing and analysis of electronic and automotive components and spare parts;

- Registering/Submitting the list of machines and equipment for import tax exemption and other related taxes for the project.

Component 3: Organizing training programs

- Organize training courses of human resources in the field of supporting industry: expected 160 people in theoretical and practical training.

- Organizing training courses for consultants: expected 80 consultants at 3 levels: basic, intermediate, advanced.

Component 4: Organizing technical consultancy program

Organizing intensive technical consultancy programs targeting about 100 enterprises.

Component 5: Organizing technology introduction and exchange program

Conducting survey on the need for technology cooperation, organization of technology introduction and exchange programs among Vietnamese enterprises and Korean enterprises.

Component 6: Management and operation of VITASK center

- Expenses for personnel dispatched by Korean side (payment by Korea) and Vietnamese side (payment by Vietnam) in operating and managing the center;

- Support for Korean experts: visa procedures, residence cards, work permits, personal income taxes of experts;

- Cost of maintaining the regular operation of the center.

Article 2. Execution Plan of the Project

MOIT (via VIA) and MOTIE (via KIAT) shall set up, negotiate and agree on the overall plan and detailed annual cost estimates of the project (tentative execution plan in Appendix I).

Article 3. Personnel for project implementation

3.1. Korean side

MOTIE (via KIAT) will notify MOIT (via VIA) of its projected personnel at least 14 working days before entering into Viet Nam, including but not limited to details of working trip, goals, missions, location, time and cost (details of the Korean proposed personnel in Appendix III).

3.2. Vietnamese side

MOIT will support the administrative procedures under its authority for MOTIE's nominated personnel to fulfil their assigned responsibility in Vietnam.

Article 4. Project support

4.1. Project management

- Form of project management organization of Vietnamese side: MOIT establishes Project Management Board to manage the Vietnamese side’s tasks, undertake directly and coordinate with the Korean side to manage and implement the project.

- The non-refundable aid of approximately US $ 10.60 million will be directly managed by KIAT. The disbursement of this fund will comply with the rules and regulations in accordance with Korean and Vietnamese Government. In case the regulations on the management and use of funds between the Vietnamese law and the Korean laws are different, the provisions of the Korean Law will be applied. KIAT shall dispatch experts to Representative Office of KIAT in Viet Nam to manage and operate VITASK center.

- MOIT (via VIA) and MOTIE (via KIAT) will set forth and agree on the project management and operation regulations.

4.2. Support project implementation

In order to achieve the project's objectives, MOIT and MOTIE will work together to carry out the following activities:

4.2.1. Support in fulfilling necessary administrative procedures to implement the project in accordance with the laws and regulations of the two countries, including:

a. MOTIE: Support in fulfilling necessary administrative procedures to implement the project, including the selection of project implementation agency, dispatch of experts, procurement of Korea-funded equipment, planning and organizing the implementation of detailed programs of the project.

b. MOIT: Support in fulfilling necessary administrative procedures to implement the project, including the provision of a separate premises for VITASK center, visa application, work permit and accomplishing necessary procedures for personal income tax exemption for Korean experts (and family members as per current regulations), support during customs clearance and tax exemption for equipment provided by the Korean side within the project framework.

4.2.2. The two sides will make every effort to resolve unforeseen issues that may occur during project implementation.

4.3. Project equipment

- The two sides committed to provide project equipment according to Appendix IV in accordance with the project schedule and plan. The process of purchasing, transporting and installing equipment is carried out according to the current procedures, regulations of each country.

- Machines and equipments provided by both sides will be used in accordance with the operational objectives of the VITASK center.

- The Vietnamese side supports quick customs procedures, procedures for import duty exemption and other types of duty charges for equipment imported from Korea funded by the Korean government for the project in accordance with the provisions of law of Viet Nam.

- Each party (MOIT and MOTIE) will arrange personnels to operate provided machines and equipments to implement the project.

- The list of equipment is subject to change by mutual agreement. In this case, the role of the two parties in providing, training experts, supporting administrative procedures (including tax exemption) will remain unchanged.

4.4. Advertisement propaganda

- Promoting VITASK center to the public through advertisement in the media and newspapers.

- Logo "ODA on Korean industrial technology" shall be displayed on promotional materials according to Vietnamese laws.

- Specific information related to the event, souvenirs (type, size, color …) shall be decided by mutual agreement of the two parties.

Article 5. Other provisions

5.1. During the implementation of the Agreement, if any problems related to interpretation, implementation of the agreement and future plans (such as schedules, financial estimates, list of equipments and machines etc.) occur, the two sides will discuss and negotiate in amicable manner.

5.2. Project premises, time of project implementation and other issues related to project operation is subject to change as agreed by both sides.

5.3. The two sides will appoint the Vietnam Industry Agency (VIA) and the Korea Institute for Advancement of Technology (KIAT) as the focal points for die project.

5.4. After project finished, Korean side will hand over the project results and assets to Vietnamese side for management.

5.5. The two sides are committed to make full use of the aid in order to achieve to objectives of the project.

5.6. Hold a completion ceremony and install a commemorative monument signifying the completion of the Project. Further details regarding the completion ceremony and commemorative monument (e.g. form, size, location, wording, etc.) shall be decided through the mutual consultation of both parties.

5.7. A joint team appointed by both parties will undertake the evaluations of the Project. In accordance with the results of the evaluation, both parties take necessary measures to address matters that may be mutually considered insufficient for the achievement of the Project objectives.

Article 6. Effect of agreement

6.1. Attached to this Agreement are Appendices I, II, III and IV. These Appendices are an integral part of the Agreement and shall be amended by mutual agreement of both parties.

6.2. This Agreement is valid from the last signing date of both parties until the conclusion of the project and can be extended by mutual agreement of both parties.

6.3. The content of this Agreement can be amended with the written consent of both parties. Amendments constitute an integral part of this Agreement.

6.4. To ensure the rigidity during implementation process, the implementation of the agreement shall comply with Vietnamese laws, Korean laws and relevant international treaties to which each party is a member.

6.5. This Agreement is signed in duplicate in two (2) originals in English by Korea and Vietnam. Both copies are equally valid. The Parties have signed this Agreement on the date shown below in succession.

APPENDIX III

LIST OF KOREAN EMPLOYEES AND POSITIONS BY EACH COMPONENTS

APPENDIX IV

LIST OF EQUIPMENTS OF VITASK CENTER

I. List of equipment provided by the Korean side

II. List of reciprocal Vietnamese equipment