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:

Thư trao đổi sửa đổi lần 1 Thỏa thuận giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Thụy Sỹ về Dự án "Thiết lập hệ thống giám sát và đánh giá phục vụ công tác quản lý ngành Nông nghiệp và Phát triển nông thôn giai đoạn 2" ký tại Hà Nội ngày 29 tháng 01 năm 2015, có hiệu lực kể từ ngày 29 tháng 01 năm 2015.

Bộ Ngoại giao trân trọng gửi Bản sao Hiệp định theo quy định tại Điều 68 của Luật nêu trên./.

H.E. Cao Duc Phat
Minister
Ministry of Agriculture
and Rural Development
2 Ngoc Ha Str., Ba Dinh, Ha Noi
Viet Nam

Reference
Your reference/Our reference: 852-1(14).02/NGUTH-WAY
Hanoi, 15 December 2014

Subject: Letter of Exchange as First Amendment to the Project Agreement between the Government of Switzerland and the Government of the Socialist Republic of Viet Nam on Project "Monitoring and Evaluation for Management of the Agriculture and Rural Development Sector”(MESMARD-2), phase 2 (01 March 2010 - 28 February 2015) signed on 29 March 2010

Deaf Minister Cao Duc Phat,

The project “Monitoring and Evaluation for Management of the Agriculture and Rural Development Sector, phase 2“ (MESMARD-2) initiated in 2010 has so far made significant achievements in improving the results-based planning process and monitoring and evaluation system for the Ministry of Agriculture and Rural Development (MARD) as confirmed by the Mid-term Review of the Project in 2012.

We refer to the Letter dated 27 November 2014 and Project Document MESMARD-2 Extended developed and submitted to the Swiss Cooperation Office for Viet Nam by MARD (as enclosed) asking for the ten-month cost extension of MESMARD-2 based on the Project Agreement between the Government of Switzerland and the Government of the Socialist Republic of Vietnam on the MESMARD-2 signed on 29 March 2010 (hereinafter: Project Agreement). We are pleased to confirm our approval for the additional budget of USD 440’122 by the Government of Switzerland for the extended period from 01 March 2015 to 31 December 2015, which makes the total Swiss contribution of USD 3’115'357 to MESMARD-2. The cost extension will enable the achievements of MESMARD-2 to be fully mainstreamed and leave a sustainable impact in the next five-year plans 2016-2020 as well as to consolidate and sustainably entrench result-based planning, monitoring and evaluation capacity in MARD and in the two pilot provines.

Reference

Considering the Article 13.2 of the mentioned Project Agreement, we have the pleasure to propose for your approval the subsequent adaptation and amendment of the Project Agreement and its Annexes as follows:

1. The paragraph 2 of Article 2 is added as follow

ARTICLE 2
SPECIFIC OBJECTIVES

2.2

The Supplementary outputs and activities to be undertaken for the extension period are given in the Project Document MESMARD-2 extended (Annex 6) which form the Integral parts of this Agreement.

2. The paragraph 1 and 2 of Article 4 are amended as follows:

ARTICLE 4
CONTRIBUTIONS

4.1 The Swiss Government shall commit funds in form of a non-reimbursable grant up to a maximum of USD 3’115’357 (three million one hundred and fifteen thousand, three hundred and fifty seven United States dollars) in accordance with the description of the project and budget in the Project Document MESMARD-2 and the Project Document MESMARD-2 extended (Annex 6). The budget allocation will be as follows:

4.2 The Government of Viet Nam shall contribute an amount of USD 817’628 (eight hundred and seventeen thousand, six hundred and twenty eight United States dollar) to cover for the basic salary for staff at different levels, infrastructure, electricity, water, tax reduction and other activities as indicated in the Project Document MESMARD-2 and the Project Document MESMARD-2 extended (Annex 6).

3. The paragraph 1 and 2 of Article 6 are amended as follows:

ARTICLE 6
RELEASE OR SWISS FUNDS

6.1 The Contribution from the Swiss Government up to a maximum of USD 3’115’357 (three million, one hundred and fifteen thousand, three hundred and fifty seven United States dollars) will be transferred to the separate project bank account with details as follows:

Name of Beneficiary: Project of Monitoring and Evaluation in Support of Management in the Agricultural and Rural Development Sector - Department of Planning

Account Number: 1400206007499 (USD)

Name of Bank Vietnam Bank for Agricultural and Rural Development, Lang Ha branch

Address of Bank: 24 Lang Ha Street, Dong Da district, Hanoi, Viet Nam

Swift code: VBAAVNVX 402

6.2 Payment shall be made twice a year, based on the outcomes of the semi-annual meeting of the PSC as the following schedule:

Payments in March will be released upon the submission of Annual Progress Report and Financial Report of the previous year together with Annual Operational Plan and Budget Plan for current year which are approved by PSC.

Payments in September will be released upon the submission of Progress Reports and Financial Reports for the 1^st six month of the current year and the Audit Report of the previous year.

The final payment will be released upon the submission of the Project Completion Report and the Final Audit Report of the whole project.

The remaining balance from the previous period shall be deducted from the following semi-annual payment.

4. The paragraph 1 and 3 of Article 13 are amended as follows:

ARTICLE 13
FINAL PROVISIONS

13.1 The present Agreement shall come into force upon signature and cover the period from 01.03.2010 until 31.12 2015. It shall remain valid until the fulfilment of all mutual obligations.

13.3

Annex 6: Project Document MESMARD-2 extended

All other Articles of the Project Agreement remain unchanged. The modification has no further implications on other aspects of the project implementation.

This Letter of Exchange and its annex (Letter dated 27 November 2014 and Project Document MESMARD-2 extended) constitute integral part of the amended Project Agreement and shall come into force on the date of your signature.

This Letter of Exchange is made in two original copies in English. Please confirm your agreement with the foregoing by signing the enclosed copy of this letter and returning it to us.

Sincerely yours,

Enclosure: Letter dated 27.11.2014 and Project Document MESMARD-2 extended