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