Thông báo 58/2018/TB-LPQT hiệu lực của Bản ghi nhớ giữa VN - Cam-pu-chia về Chiến lược hợp tác trong lĩnh vực GTVT

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:

Bản ghi nhớ giữa Chính phủ nước Cộng hòa xã hội chủ nghĩa Việt Nam và Chính phủ Hoàng Gia Cam-pu-chia về Chiến lược hợp tác trong lĩnh vực giao thông vận tải giai đoạn 2018-2025, tầm nhìn đến năm 2030, ký tại Hà Nội ngày 07 tháng 12 năm 2018, có hiệu lực từ ngày 7 tháng 12 năm 2018.

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

MEMORANDUM OF UNDERSTANDING

BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE KINGDOM OF CAMBODIA ON COOPERATION STRATEGY IN TRANSPORT SECTOR FOR THE PERIOD 2018 - 2025, VISION TO 2030

The Government of the Socialist Republic of Viet Nam and the Government of the Kingdom of Cambodia, hereinafter referred to as 'the Parties', have agreed on Strategic Cooperation in Transport Sector for the period 2018 - 2025, vision to 2030 with the following contents:

ARTICLE 1

GOAL AND OBJECTIVES

The goal of this Memorandum of Understanding (hereinafter referred to as the “MoU”) is to identify the cooperation strategy in the transport sector for the period 2018 - 2025, vision to 2030.

The general objectives are as follows:

1. To take full advantage of geographical location and natural condition of the two countries, especially potential of central location of the Socialist Republic of Viet Nam and the Kingdom of Cambodia in connecting transport routes with other countries in the region and potential of both countries' regional sea ports in connecting to the world.

2. To recognize the modes of transport such as road, waterway and railway transport in the future, in line with natural condition, social, economic capacity of each transport corridor to form the main development priorities in transport sector which connect the two countries.

3. To identify and agree upon in enhancing on the construction of expressway and railway between Ho Chi Minh - Phnom Penh and related regions between the two countries.

4. To identify a proper plan of development in accordance with demand and economic development levels in each period, focusing on upgrade of existing roads and constructing new standard road infrastructure to facilitate transportation, promoting new investment projects under the Public - Private Partnership (PPP) form.

5. To facilitate cross-border transport (including national and international transit) of passengers and goods, prioritizing transport connection to international border gates, main border gates (VN) / bilateral border gate (CAM) and border gates with high traffic demand. The Parties consider to upgrade or formulate at least one international border gate for each pair of Viet Nam - Cambodia border provinces.

6. To identify goods transport system development strategy in road, inland waterway and railway between Viet Nam and Cambodia including goods in transit and vice versa, or via both countries to other third countries to establish complete goods distribution system in region by 2030.

7. To promote cooperation and coordination between local and national authorities; transport companies between two countries; between government and goods and passenger transport companies through policies, institutions and facilitating two-way transport operation in goods and passenger transportation between the two countries.

8. Together to formulate and implement human resource development plan according to the demand of each country.

ARTICLE 2

COOPERATION STRATEGY IN TRANSPORT SECTOR FOR THE PERIOD 2018 - 2025, VISION TO 2030

I- Cooperation Strategy Programme for period 2018-2025, vision to 2030

I.1 - Programme for period 2018-2025

1. On road connection:

a) Highway system connection

- To study and plan the highway systems to ensure their synchronization of the two countries and in the region.

- To coordinate, promote the construction of Ho Chi Minh - Moc Bai - Ba Vet - Phnom Penh expressway.

b) National/regional road system connection

- To complete upgrade and rehabilitation of connecting routes to international border gates, main border gates (VN) / bilateral border gates (CAM) as stated in road transport agreements and goods transit agreements, routes listed in the cooperation framework of ASEAN and GMS countries, Cambodia - Laos - Viet Nam. The basic standard of these roads meets Class III, and gives priority to Viet Nam/Cambodia roads: NH19/NR78, NH13/NR7, NR74 and NR76, NH62/PR314D, NH91/NR2, NH91C/NR21, NH80/NR33. The Parties ensure that a road between the two border provinces be connected.

2. On inland waterway connection:

- To study master plan and promote development of ports/inland ports in favorable locations for socio-economic development of the two countries.

- To manage inland waterway transportation on rivers in border regions to ensure traffic safety and social order.

- To commence the upgrade and rehabilitation investment in ports in Tien river to meet the demand of trade on inland waterway which serves as transit routes from port in South Viet Nam at Vinh Xuong or Thuong Phuoc border gate in Viet Nam / Kaom Samnor or Koh Roka border gate in Cambodia as well as revised transit routes, in order to promote waterway transportation on routes mentioned in the Agreement between the Government of the Socialist Republic of Viet Nam and the Royal Government of Cambodia on Waterway Transportation signed on 17 December 2009.

3. On railway connection:

To promote master plan study, investment and construction of railway link between the two cities: Ho Chi Minh and Phnom Penh.

4. On maritime connection:

To expand ports pursuant to master plan to meet the demand of development between two countries.

5. On transportation services:

- To discuss and implement the usage of trailer and semi-trailer vehicles of the host country in cross-border transport and goods in transit agreements between the two countries.

- To implement facilitation at international border gates, particularly using Single Window Inspection (SWI) / single Stop Inspection (SSI) as agreed between the two Parties.

- To promote joint venture and cooperation of transport companies in two countries to support two-way transport.

- To improve the quality of passenger and cargo transportation services meeting international standards.

- To allow transport operators of a Contracting Party to open branch office in another country of Contracting Parties.

- To ensure the return of motor-vehicle through different border gates from the entry points following to bilateral agreement and its related protocols/MoUs concerning road transportation between the two countries.

I.2-Visions to 2030

To establish a mutual system on transport between two countries to ensure a smooth, safe, modern and sustainable transportation; to establish a multi-modal connection to facilitate transportation between two countries and in the region.

II - Plan of priority implementation for period 2018 - 2021

1. On road connection

- To promote the construction of Ho Chi Minh - Moc Bai - Bavet - Phnom Penh expressway.

- To mobilise financing for upgrade and rehabilitation of the following route to connect Long Binh and Chrey Thom border gate (in Viet Nam on NH91C, Highway standard class III, in Cambodia on NR21, Highway standard class III).

2. On waterway connection

- To upgrade waterway transport of Viet Nam - Cambodia from Tieu Estuary to Thuong Phuoc/Vinh Xuong border gate; from Dinh An Estuary to Thuong Phuoc/Vinh Xuong border gate across Tan Chau T-junction and from Kaom Samnor or Koh Roka border gate to Phnom Penh port to accommodate ships for the capacity of 5,000 DWT and other vessels up to 7,000 DWT, and for suitable kinds of passenger ship to pass through;

- To plan ports that could accommodate big ships to meet the need of demand of goods and passengers transport between Viet Nam and Cambodia: Viet Nam with industrial port C (Cao Lanh town, Dong Thap), Binh Long port (Chau Phu, An Giang), Thot Not port (Can Tho), Cambodia with ports in Phnom Penh, Kandal, Tbong Khmum, Kompong Cham, Kratie, Stung Treng on Mekong River and ports in Kampong Chhnang, Pursat and Siem Reap on Tonle Sap river running to Tonle Sap Lake.

3. On railway connection

To study, construct Ho Chi Minh - Phnom Penh railway, tentatively going parallel with NH13 in Viet Nam / NR7 and NR76 in Cambodia (around 100m to the west) passing through the area of Hoa Lu/Trapeang Sre border gate.

4. On maritime connection

To reinforce technical facilities, management facilities to ensure maritime safety on routes leading to ports, especially focus on international maritime routes leading to Cambodia through Mekong River/Tien River and Bassac River/Hau River.

5. Facilitation of cross-border transport (including national and international transit)

a) Policy to promote transport activities:

- To study and amend transport agreements in a way that international border gates shall allow movement of passengers and goods.

- To encourage investment for facilities, infrastructure to support cross-border transport.

- To promote the study on tractor (prime mover) swapping for trailer and semi-trailer to enter each country to comply with regulations of Traffic Law in host country; to apply policies that facilitate companies in this regard.

- To complete the installation of road sign and marking under ASEAN highway standard including signboards on designated routes connecting the two countries.

b) Cross-border (including national and international transit) transport between and among Cambodia, Laos and Viet Nam:

- To enhance the implementation of the Memorandum of Understanding between and among the Governments of the Kingdom of Cambodia, Lao People’s Democratic Republic, and the Socialist Republic of Viet Nam on Road Transport, signed on 17th January 2013.

ARTICLE 3

POLICIES TO PROMOTE COOPERATION AND INVESTMENT

1. To foster cooperation between two countries to finalize list of construction investment projects and information on socio-economic, technical, feasibility study, development plan, design plan to support each other on the united spirit for mutual benefit and development, to ensure synchronization on projects location, scope and investment period.

2. To study to make proposal and finance projects including annually supplementing State budget for technical infrastructure construction, budget from international donors within bilateral and multi-lateral cooperation; promoting new investment projects under the Public - Private Partnership (PPP) form, and to develop together the Asian/ASEAN highway network in order to ensure their synchronization in the implementation period.

ARTICLE 4

PROVISION OF IMPLEMENTATION

1. Ministry of Transport of the Socialist Republic of Viet Nam and Ministry of Public Works and Transport of the Kingdom of Cambodia are authorized to be competent bodies to implement this MoU, and as focal points to cooperate with relevant ministries/institutions for implementation of the related programs/projects in this MoU. During implementation, it is necessary to update and supplement the programs/projects suitable with the situation, socio-economic development, and transport infrastructure development of two countries by specific periods.

2. The two ministries shall prepare detailed plan for submission to respective government for approval and implementation by specific periods. The two ministries ensure that the transport plan and projects of both countries are smoothly and harmoniously connected and coordinated.

3. Ministry of Transport of the Socialist Republic of Viet Nam and Ministry of Public Works and Transport of the Kingdom of Cambodia shall organize annual meetings and as necessary to ensure the smooth implementation of this MoU.

ARTICLE 5

OTHER PROVISIONS

1. This MoU may be amended upon a written request made by any of the Parties. Within 60 (sixty) days from the date of receipt of such request, the Parties shall meet each other to negotiate such amendment.

2. Any disputes arising out in the interpretation or the implementation of this MoU shall be solved amicably by the Parties through negotiation.

3. The MoU comes into effect from the date of signing and remains in force by 31 December 2030. In case either Party intends to terminate this MoU. the Party shall notify in writing to the other Party 6 (six) months in advance.

Done in Ha Noi, on 7 December 2018 in duplicate in English language.