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BỘ NGOẠI GIAO -------

CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT phái nam Độc lập - tự do thoải mái - hạnh phúc ---------------

Số: 43/2020/TB-LPQT

Hà Nội, ngày 18 tháng 6 năm 2020

THÔNG BÁO

VỀ VIỆC ĐIỀU ƯỚC QUỐC TẾ CÓ HIỆU LỰC

Thực hiện hiện tượng tại Điều56 của cách thức Điều ước nước ngoài năm 2016, cỗ Ngoại giao trân trọng thông báo:

Hiệp định vay (các nghiệp vụ thôngthường <Ưu đãi>) đến Dự án năng lực và kiến thức và kỹ năng cho tăng trưởng kinh tế toàn diệngiữa nước cộng hòa làng hội nhà nghĩa vn và Ngân hàng trở nên tân tiến châu Á, số khoản vay mượn 3761-VIE(COL), ký kết tại thành phố hà nội ngày 10 tháng 12 năm 2019,có hiệu lực từ thời điểm ngày 05 tháng 6 năm 2020.

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Bộ nước ngoài giao trân trọng gửi bản saoHiệp định theo mức sử dụng tại Điều 59 của cơ chế nêu trên./.

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

LOAN AGREEMENT

(OrdinaryOperations )

(Skills andKnowledge for Inclusive Economic Growth Project)

BETWEEN SOCIALISTREPUBLIC OF VIET NAM và ASIAN DEVELOPMENT BANK

DATED 10 DECEMBER2019

LOAN AGREEMENT

(OrdinaryOperations )

LOAN AGREEMENT dated 10 December 2019 betweenSOCIALIST REPUBLIC OF VIET phái nam (“Borrower”) and ASIAN DEVELOPMENT ngân hàng (“ADB”).

WHEREAS

(A) the Borrower has applied lớn ADB for a loan forthe purposes of the Project described in Schedule 1 lớn this Loan Agreement;

(B) by on agreement of even date herewith betweenthe Borrower & ADB (“Grant Agreement”), ADB has agreed khổng lồ administer thegrant from the japan Fund for Poverty Reduction (“JFPR”) in the amount of$3,000,000 (“JFPR Grant”) upon the terms and conditions set out in the JFPR2018 Guidelines;

(C) the Project will be carried out by the Ministryof Labour - Invalids và Social Affairs ("MOLISA"), and the Ministryof Industry & Trade (“MOIT”), in partnership with the Ministry ofConstructions (“MOC”), Ministry of Agriculture và Rural Development (“MARD”),the Ministry of Transport (“MOT”), the selected TVET & Training Institutions(as defined herein), & for this purpose the Borrower will make available toMOLISA và TVET and Training Institutions a portion of the proceeds of the loanprovided for herein upon terms và conditions satisfactory khổng lồ ADB; and

(D) ADB has agreed to lớn make a concessional loan tothe Borrower from ADB’s ordinary capital resources upon the terms andconditions set forth herein and in the Project Agreement between ADB and theTVET và Training Institutions;

NOW THEREFORE the parties agree as follows:

ARTICLEI

LoanRegulations; Definitions

Section 1.01. All provisions of ADB’s OrdinaryOperations (Concessional) Loan Regulations, dated 1 January 2017 (“LoanRegulations”), are hereby made applicable to this Loan Agreement with the sameforce and effect as if they were fully phối forth herein, subject, however, tothe following modifications:

(a) Section 2.01(w) is deleted and the following issubstituted therefor:

"Project Agreement" means the prefectagreement of even date herewith between ADB và any end all of the following,Bac Ninh College of Electromechanics và Construction, Cao Thang TechnicalCollege, College of Industry và Technique, College of Industry and Trade, DungQuat College of Technology, Fisheries and Technical Economics College, HandCollege of Electro-Mechanics, Ho đưa ra Minh city College of Construction, HueIndustrial College, Maritime College No. 1, Mien Trung Industry và TradeCollege, nam Dinh Industrial College, Phu Tho College of Electromechanics, TheCentral College of Transport 1, Vinh Long University of technology Education,Vinh University of technology Education, as such agreement may be amended fromtime to lớn time;

(b) The term “Project Executing Agency appearing inSections 6.01(a), 8.01(d), 8.01(f), 8.01(k), 9.01(c) & 9.02(c) of the LoanRegulations shall be substituted by the term “TVET and Training Institutions”.

Section 1.02. Wherever used in this Loan Agreement,the several terms defined in the Loan Regulations have the respective meaningstherein phối forth unless modified herein or the context otherwise requires.Additional terms used in this Loan Agreement have the following meanings:

(a) "Consulting Guidelines" means theGuidelines on the Use of Consultants by Asian Development ngân hàng and itsBorrowers (2013, as amended from time to time);

(b) “Consulting Services” means the services to lớn befinanced out of the proceeds of the Loan as described in paragraph 3 ofSchedule 1 lớn this Loan Agreement;

(c) “GAP” means the gender action plan prepared forthe Project, including any update thereto, and agreed lớn between the Borrowerand ADB;

(d) “Goods” means equipment & materials to befinanced out of the proceeds of the Loan, including related services such astransportation, insurance, installation, commissioning, training, và initialmaintenance, but excluding Consulling Services;

(e) "Indigenous Peoples Safeguards" meansthe principies and requirements phối forth in Chapter V, Appendix 3, andAppendix 4 (as applicable) of the SPS;

(f) "Loan Disbursement Handbook" meansADB"s Loan Disbursement Handbook (2017, as amended from time lớn time);

(g) “MARD TVET institutions” means technical andvocational education and training institutions, selected khổng lồ participate in theProject as implementing partners under MOLISA"s Project Implementationresposibility, namely, the following: Phu Tho College of Electromechanics,Fisheries và Technical Economics College, Bac Ninh College of Electromechanicsand Construction, & Hanoi College of Electro-Mechanics;

(h) “MOC TVET Institutions” means technical andvocational education & training Institutions, selected lớn participate in theProject as implementing partners under MOLISA’s Project implementationresponsibility, namely, the following: Ho bỏ ra Minh thành phố College ofConstruction;

(i) "MOIT" means the Borrower’s theMinistry of Industry and Trade that is responsible for implementing parts orcomponents of the Project concerning MOIT TVET Institutions;

(j) “MOIT TVET Institutions” means technical andvocational education & training institutions under MOIT’s Projectimplementation responsibility, selected lớn participate in the Project asimplementing partners, namely, the following: nam Dinh Industrial College,College of Industry và Trade, College of Industry and Technique, HueIndustrial College, Cao Thang Technical College, & Mien Trung Industry andTrade College;

(k) “MOLlSA TVET and Training Institutions” meanstechnical & vocational education and training institutions và universitiesunder MOLISA"s Project implementation responsibility, selected to participatein the Project as implementing partners, namely, the following: Dung QuatCollege of Technology, Vinh Long University of technology Education, VinhUniversity of giải pháp công nghệ Education;

(l) “MOT TVET Institutions” means technical andvocational education and training Institutions, selected khổng lồ participate in theProject as implementing partners under MOLISA"s Project implementationresponsibility, namely, the following: The Central College of Transport 1 andMaritime College No. 1;

(m) “PAM” means the project administration manualfor the Project dated 5 November 2018 and agreed between the Borrower, throughMOLISA and MOIT, & ADB, as updated from time to time in accordance with therespective administrative procedures of the Borrower và ADB;

(n) “Procurement Guidelines” means ADB’sProcurement Guidelines (2015, as amended from time to lớn time);

(o) "Procurement Plan" means theprocurement plan for the Project dated 5 November 2018 & agreed between theBorrower, through MOLISA and MOIT, and ADB, as updated from time lớn time inaccordance with the Procurement Guidelines, the Consulting Guidelines, andother arrangements agreed with ADB;

(p) "Project Executing Agency" for thepurposes of, and within the meaning of, the Loan Regulations means MOLISA orany successor thereto acceptable to lớn ADB, which is responsible for the carryingout of the Project overall and for implementing parts or components of theProject concerning MOLISA TVET và Training institutions;

(q) “Project facilities” means the facilities to lớn beimproved, constructed or provided under the Project;

(r) “Safeguards Monitoring Report” means eachreport prepared and submitted by the Borrower to lớn ADB that describes progresswith implementation of and compliance with the Indigenous PeoplesSafeguards-related measures provided in the PAM (as applicable), including anycorrective và preventative actions;

(s) “SPS” means ADB"s Safeguard Policy Statement(2009);

(t) "Subsidiary Loan Agreement" means theagreement or agreements between the Borrower and each of the TVET and TrainingInstitutions, as described in Section 3.01 of this Loan Agreement; and

(u) “TVET và Training Institutions” means the MARDMOC MOIT MOT TVET institutions, và MOLISA TVET and Training Institutions.

ARTICLEII

TheLoan

Section 2.01. (a) ADB agrees to tend khổng lồ theBorrower from ADB"s ordinary capital resources an amount of seventy-fivemillion Dollars ($75,000,000).

(b) The Loan has a principal repayment period of 20years, & a grace period as defined in subsection (c) hereinafter.

(c) The term “grace period” as used in subsection(b) hereinabove means the period prior to lớn the first Principal Payment Date inaccordance with the amortization schedule set forth in Schedule 2 khổng lồ this LoanAgreement.

Section 2.02. The Borrower shall pay khổng lồ ADB aninterest charge at the rate of 2% per annum during the grace period andthereafter, on the amount of the Loan withdrawn from the Loan tài khoản andoutstanding from time lớn time.

Section 2.03. The interest charge và any othercharge on the Loan shall be payable semiannually on 1 May và 1 November ineach year.

Section 2.04. The Borrower shall repay theprincipal amount of the Loan withdrawn from the Loan account in accordance withthe amortization schedule mix forth in Schedule 2 khổng lồ this Loan Agreement.

Section 2.05. The currency of repayment of theprincipal amount of the Loan và the currency of payment of the interest chargefor the purposes of Sections 4.03(a) & 4.04 of the Loan Regulations shall bethe Dollar.

ARTICLEIII

Useof Proceeds of the Loan

Section 3.01. (a) The Borrower shall provide theproceeds of the Loan through (I) budgetary allocation & (II) relending toeach of the TVET & Training institutions under Subsidiary Loan Agreement uponterms & conditions acceptable lớn ADB.

(b) The Borrower shall cause the proceeds of theLoan to be applied exclusively khổng lồ the financing of expenditures on the Projectin accordance with the provisions of this Loan Agreement & the ProjectAgreement.

Section 3.02. The proceeds of the Loan shall beallocated & withdrawn in accordance with the provisions of Schedule 3 lớn thisLoan Agreement, as such Schedule may be amended from time lớn time by agreementbetween the Borrower và ADB.

Section 3.03. Except as ADB may otherwise agree,the Borrower shall procure, or cause khổng lồ be procured, the items of expenditureto be financed out of the proceeds of the Loan in accordance with theprovisions of Schedule 4 khổng lồ this Loan Agreement.

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Section 3.04. Withdrawals from the Loan trương mục inrespect of Goods and Services shall be made only on tài khoản of expendituresrelating to:

(i) Goods which are produced in & supplied fromand Consulting Services which are supplied from such member countries of ADB asshall have been specified by ADB from time lớn time as eligible sources torprocurement; and

(ii) Goods & Consulting Services which meet suchother eligibility requirements as shall have been specified by ADB from time totime.

Section 3.05. The Loan Closing Date tor thepurposes of Section 8.02 of the Loan Regulations shall be 31 December 2024 orsuch other date as may from time to lớn time be agreed between the Borrower andADB.

ARTICLE IV

Particular Covenants

Section 4.01. In the carryingout of the Project và operation of the Project facilities, the Borrower shallperform, or cause to lớn be performed, all obligations set forth in Schedule 5 tothis Loan Agreement và the Project Agreement.

Section 4.02. (a) The Borrower, through MOLISA,shall (i) maintain separate accounts and records tor the Project; (ii) prepareannual financial statements for the Project in accordance with financialreporting standards acceptable khổng lồ ADB; (iii) have such financial statementsaudited annually by independent auditors whose qualifications, experience andterms of reference are acceptable lớn ADB, in accordance with auditing standardsacceptable lớn ADB; (iv) as part of each such audit, have the auditors prepare areport, which includes the auditors" opinion(s) on the financial statements andthe use of the Loan proceeds, và a management letter (which sets out thedeficlencies in the internal control of the Project that were identified in thecourse of the audit, If any): và (v) furnish lớn ADB, no later than 6 monthsafter the end of each related fiscal year, copies of such audited financialstatements, phân tích và đo lường report and management letter, all in the English language,and such other information concerning these documents & the audit thereof asADB shall from time khổng lồ time reasonably request.

(b) ADB shall disclose the annual audited financialstatements tor the Project & the opinion of the auditors on the financialstatements within 14 days of the data of ADB’S confirmation of theiracceptability by posting them on ADB"s website.

(c) The Borrower, through MOLISA, shall enable ADB,upon ADB’s request, to discuss the financial statements for the Project and theBorrower"s financial affairs where they relate lớn the Project with the auditorsappointed pursuant khổng lồ subsection (a)(iii) hereinabove, và shall authorize andrequire any representative of such auditors to lớn participate in any suchdiscussions requested by ADB. This is provided that such discussions shall beconducted only in the presence of an authorized officer of the Borrower, unlessthe Borrower shall otherwise agree.

Section 4.03. The Borrower, through MOLISA, MOITand other relevant ministriss, shall enable ADB"s representatives to inspectthe Project, the Goods và any relevant records và documents.

Section 4.04. The Borrower shall take all actionswhich shall be necessary on its part lớn enable the TVET & TrainingInstitutions to perform their obligations under the Project Agreement andSubsidiary Loan Agreements, & shall not take or permit any action which wouldinterfere with the performance of such obligations.

Section 4.05. The Borrower shall exercise itsrights under the Subsidiary Loan Agreement(s) in such a manner as to protectthe Interests of the Borrower và ADB and to accomplish the purposes of theLoan.

ARTICLEV

Effectiveness

Section 5.01. The following is specified as anadditional condition lớn the effectiveness of this Loan Agreement for thepurposes of Section 9.01(f) of the Loan Regulations: that the Grant Agreementshall have been duly executed và delivered, & all conditions precedent toits effectiveness (other than a condition requiring the effectiveness of thisLoan Agreement) shall have been fulfilled.

Section 5.02. A date 90 days after the date of thisLoan Agreement is specified for the effectiveness of this Loan Agreement forthe purposes of Section 9.04 of the Loan Regulations.

ARTICLEVI

Miscellaneous

Section 6.01. The Minister of Finance of theBorrower is designated as representative of the Borrower for the purposes ofSection 11.02 of the Loan Regulations.

Section 6.02. The following addresses are specifiedfor the purposes of Section 11.01 of the Loan Regulations:

For the Borrower

Ministry of Finance

No. 28 Tran Hung Dao Street

Hoan Kiem District

Ha Noi, Viet Nam

Facsimile Number

(8424) 2220-8020

For ADB

Asian Development ngân hàng

6 ADB Avenue

Mandaluyong đô thị

1550 Metro Manila

Philippines

Facsimile Numbers:

(632) 636-2444

(632) 636-2228.

IN WITNESS WHEROF the parties hereto, actingthrough their representatives thereunto duly authorized, have caused this LoanAgreement khổng lồ be signed in their respective names as of the day year first abovewritten and to be delivered at the principal office of ADB.

SOCIALIS REPUBLIC OF VIET nam giới TRAN XUAN HA Vice Minister Ministry of Finance

ASIAN DEVELOPMENT ngân hàng ERIC SIDGWICK Country Director Viet phái nam Recident Mission

SCHEDULE1

Description of the Project

1. The objective of the Project is to lớn strengthenand align to evolving labor market needs the selected high-quality TVET andTraining Institutions.

2. The Project shall comprise:

(a) Improving the teaching và learningenvironments at the TVET and Training Institutions, which includes provision ofup-to-date training equipment, induing high-technology equipment, which willenable TVET and Training institutions khổng lồ deliver unique training programs inmodem occupations required by companies; and

(b) Enhancing skills training opportunities fordisadvantaged communities and soft skills of students in the TVET & Traininginstitutions, which includes:

(i) reviewing mechanisms khổng lồ assess skills demand atthe local level;

(ii) upgrading of existing or developing newshort-term training courses (Including ubiquitous-based training) fordisadvantaged youth và adults (making sure they are interesting to lớn females),who are seeking new employment opportunities in modem professions;

(iii) conducting short courses in disadvantaged andpoor communities (with at least 1/2 female beneficiaries);

(iv) developing methods to integrate soft skillsinto regular technical curriculum context based on international goodpractices;

(v) piloting soft skills programs in the vicinityof the TVET and Training Institutions in collaboration with local companies andcommunities; and