Điều ước quốc tế 20/2019/TB-LPQT thông báo 20/2019/TB-LPQT hiệu lực Hiệp định tài trợ bổ sung nguồn vốn cho Dự án "Mở rộng nâng cấp đô thị Việt Nam" giữa Việt Nam và Hiệp hội Phát triển Quốc tế (Ngân hàng Thế giới), có số khoản vay 6056-VN

THÔNG BÁO

VỀ HIỆU LỰC CỦA ĐIỀU ƯỚC QUỐC TẾ

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

Hiệp định tài trợ bổ sung nguồn vốn cho Dự án "Mở rộng nâng cấp đô thị Việt Nam" giữa nước Cộng hòa xã hội chủ nghĩa Việt Nam và Hiệp hội Phát triển Quốc tế (Ngân hàng Thế giới), có số khoản vay 6056-VN, ký tại Hà Nội, ngày 29 tháng 6 năm 2018, có hiệu lực từ ngày 24 tháng 12 năm 2018.

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

ĐIỀU ƯỚC QUỐC TẾ BỘ NGOẠI GIAO

THÔNG BÁO

Về hiệu lực của điều ước quốc tế

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

Hiệp đinh tài trợ bổ sung nguồn vốn cho Dự án "Mở rộng nâng cấp dô thị Việt Nam" giữa nước Cộng hòa xã hội chu nghĩa Việt Nam và Hiệp hồi phát triển quốc tế (Ngân hàng Thế giới), có số khoản vay 6056-VN, ký tại Hà Nội, ngày 29 tháng 6 năm 2018, có hiệu lực từ ngày 24 tháng 12 năm 2018,

Bộ Ngoại giao trân trọng gưi bàn sao Hiệp định theo quy định tại Điều 59 cua Luật nếu trên...

TL. BỘ TRƯƠNG

KT. VỤ TRƯƠNG

VỤ LUẬT PHÁP VÀ ĐIỀU ƯỚC QUỐC TẾ

PHỐ VỤ TRƯƠNG

Lê Đức Hạnh

CREDIT NUMBER 6056 - VN

Scale-Up Facility

Financing Agreement

(Vietnam Scaling Up Urban Upgrading Project)

between

SOCIALIST REPUBLIC OF VIETNAM

and

INTERNATIONAL DEVELOPMENT ASSOCIATION

Dated June 29 ,2015

CREDIT NUMBER 6056 - VN

SCALE-UP FACILITY FINANCING AGREEMENT

AGREEMENT dated Juv 29 2018, entered into

between SOCIALIST REPUBLIC OF VIETNAM ("Recipient") and INTERNATIONAL

DEVELOPMENT ASSOCIATION ("Association"").

WHEREAS the Recipient has requested the Association to provide assistance towards the financing of the project described in Schedule 1 to this Agreement ("Project") and the Association has agreed to provide such assistance, on the terms and subject to the conditions provided or referred to in the Financing Agreement, in an amount one hundred three million two hundred thousand Special Drawing Rights (SDR 103,200,000).

NOW THEREFORE, the Recipient and the Association hereby agree as follows:

ARTICLE I - GENERAL CONDITIONS; DEFINITIONS

1.01. 1.02. 2.01. | The General Conditions (as defined in the Appendix to this Agreement) constitute an integral part of this Agreement. Unless the context requires otherwise, the capitalized terms used in this Agreement have the meanings ascribed to them in the General Conditions or in the Appendix to this Agreement. ARTICLE II - CREDIT The Association agrees to extend to the Recipient, on the terms and conditions set

forth or referred to in this Agreement, a credit in the amount of one hundred million Dollars (US$ 100,000,000) ("Credit""), to assist in financing the Project.

2.02. 2.03. 2.04. | The Recipient may withdraw the proceeds of the Credit in accordance with Section TV of Schedule 2 to this Agreement. The Front-end Fee payable by the Recipient shall be equal to one quarter of one percent (% of 1%) of the Crodit amount. The Recipient shall pay the Front-end Fee not later than sixty days after the Effective Date. The Commitment Charge payable by the Recipient shall be one-quarter of one percent (% of 1%) per annum on the Unwithdrawn Credit Balance.

2.05. The Interest Charge payable by the Recipient for each Interest Period shall be at a

rate equal to four and one balf percent (4.5%) per annum.

2.06 , The Payment Dates are January I and July I in each year.

2.07. The principal amount of the Credit shall be repaid in accordance with the

amortization schedule set forth in Schedule 3 to this AgreementL

2.08. The Payment Currency is Dollar.

ARTICLE II - PROJECT

3.01. The Recipient declares its commitment to the objective of the Project. To this end,

the Recipient shall carry out the Project through the Project Provinces in

accordance with the provisions of Article IV of the General Conditions.

3.02. Without limitation upon the provisions of Section 3.01 of this Agreement, and

except as the Recipient and the Association shall otherwise agree, the Recipient

shall ensure that the Project is carried out in accordance with the provisions of

Schedule 2 to this Agreement.

ARTICLE IV - EFFECTIVENESS; TERMINATION

4.01. 4.02. | The Additional Condition of Effectiveness is that the Financing Agreement has been executed and delivered and all conditions precedent to its effectiveness (other than the effectiveness of this Agrecment) have been fulfilled. The Effectiveness Deadline is the date ninety (90) days after the date of this Agreement.

4.03. For purposes of Section 8.05 (b) of the General Conditions, the date on which the

obligations of the Recipient under this Agreement (other than those providing for

payment obligations) shall terminate is twenty (20) years after the date of this

Agreement.

ARTICLE V- REPRESENTATIVE; ADDRESSES

5.01. | The Recipient's Representative is the Governor, or a Deputy Governor, of State Bank of Vietnam

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5.02. 5.03. | The Recipient's Address is: State Bank of Vietnam 49 Ly Thai To Hanoi, Vietnam Facsiile: (84-4) 3825 0612 The Association's Address is: International Development Association 1818 H.Strect, N.W. Washington, D.C. 20433 United States of America Facsimile: 1-202-477-6391

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AGREED at Hanoi ,Watno, as of the day and year

first above written.

SOCIALIST REPUBLIC OF VIETNAM

By

Authorized Representative

5.02. INTERNATIONAL DEVELOPMENT ASSOCIATION

By

Viron

Authorized Representative

Name: Ovsnara Diane

5.02. -5-

SCHEDULE1

Project Description

The objective of the Project is to improve access to infrastructure in priority city areas and improve urban planning in the Participating Cities.

The Project consists of the following parts:

Part 1: Tertiary Infrastructure Upgrading in Low Income Areas

Supporting tertiary infrastructure in sclected low income areas of the Participating Citics. Part 2: Priority Primary and_Secondary Infrastructure

Supporting priority primary and secondary infrastructure in selected areas of the Participating Cities.

Part 3: Resettlement Sites

Construction of resettlement sites, including any associated infrastructure and public facilities.

Part 4: Project Management Support

4.1 4.2 | Provision of technical assistance for the overall Project implementation and management at the provincial and city level, including monitoring and evaluation, monitoring of environmental and social safeguards, independent financial audits, and construction supervision and management. Provision of technical and analytical services on, inter alia, integrated urban planning and implementation of green infrastructure designs with universal accessibility features.

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SCHEDULE 2

Project Execution

Section I. Implementation Arrangements

4.1 implementation of each Project Province's Respective Part of the Project, maintain the following entities with composition, powers, functions, staffing, facilities and other resources satisfactory to the Association:

B. Subsidiary Agreement

1. 2. C. | To facilitate the implementation of each Project Province's Respective Part of the Project, the Recipient, through its Ministry of Finance, shall make the proceeds of the Credit and Financing available to the Project Provinces under a Subsidiary Agreement between the Recipient, represented by its Ministry of Finance, and the respective Project Province, under terms and conditions acceptable to the Association. The Recipient shall exercise its rights under the Subsidiary Agreement in such manner as to protect the interests of the Recipient and the Association and to accomplish the purposes of the Credit and the Financing Except as the Association shall otherwise agree, the Recipient shall not assign, amend, abrogate or waive the Subsidiary Agreement or any of its provisions. Anti-Corruption

The Recipient shall ensure that the Project is carried out in accordance with the provisions of the Anti-Corruption Guidelines.

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D. Annual Work Plans and Project Operations Manual

1. 2. E. | The Recipient, through the Project Provinces, shall: (a) prepare and furnish to the Association by November 30 in each year, beginning in 2017, a draft Annual Work Plan for review and comment, summarizing the implementation progress of the Project for the said year and the Project activities to be undertaken in the following calendar year, including the proposed annual budget for the Project; (b) taking into account the Association's comments, finalize and furnish to the Association no later than December 31 in each year, beginning in 2017, the Annual Work Plan, satisfactory to the Association; and (c) thereafler ensure the implementation of the Project during the following calendar year in accordance with the Annual Work Plan agreed with the Association and in a manner satisfactory to the Association. The Recipient shall not amend, suspend, abrogate, or waive said Annual Work Plans or any provision thereof without the prior written agreement of the Association. Througbout the implementation of the Project, the Recipient, through the Project Provinces, shall apply, the Project Operations Manual in a timely and efficient manner satisfactory to the Association. The Recipient, through the Project Provinces, shall not amend, suspend, or waive said Project Operations Manual or any provision or schedule thereof, without the prior written agreement of the Association. In the event of any inconsistency between the provisions of the Project Operations Manual and those of this Agreement, the provisions of this Agreement shall prevail. Safeguards

1. 2. | The Recipient sball carry out the Project in accordance with the Safeguards Instruments in a manner and substance satisfactory to the Association. The Recipient, through the Project Provinces, shall: {a) take all necessary actions to avoid or minimize to the extent possible any involuntary relocation of persons, or their loss of shelter, assets, or access to assets, or loss of income sources or means of livelihood, temporarily or permanently;

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(c) whenever required in terms of the RPF or the EMDF, proceed to have

3. 4. 5. 6. | The Recipient shall ensure that all land acquisition required for the purposes of carrying out works under the Project are financed exclusively out of its own resources, and shall provide, promptly as needed, the resources needed for these purposes, including: (a) all land acquisition required for the purposes of carrying out the Project; (b) resettlement and rehabilitation payments to Displaced Persons; and (c) all other costs associated with environmental and/or social mitigation measures set forth in the Safeguard Instruments. The Recipient, through the Project Provinces, shall: (a) carry out the Project, in accordance with the Environmental and Social Management Plans, acceptable to the Association; and (b) ensure that each contract for works under the Project includes the obligations of the work contractors and any sub-contractor to comply with the relevant provisions of the Environmental and Social Management Plans, as the case may be. The Recipient, through the Project Provinces, shall ensure, that all terms of reference for any technical assistance or studies carried out under the Project are consistent with, and pay due attention to, the Association"s Safeguards Policies. The Recipient, through the Project Provinces, shall: (@) not amend, revise or waive, not allow to be amended, revised or waived, the provisions of the Safeguard Instruments or any provision of any one thereof, without the prior written agreement of the Association; and

(b) maintain policies and procedures adequate to enable it to monitor and

7. | In case of any inconsistency between the provisions of any of the Safeguard

Instruments and this Agreement, the provisions of this Agreement shall prevail,

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8. Withour limitation to the provisions of paragraph 1 of Section ILA of this Schedule

2. the Recipient shall take all measures necessary on its part to regularly collect,

compile, and submit to the Association, as part of the Project Reports, and

promptly in a separate report whenever the circumstances warrant, information on the status of compliance with the Safeguards Instruments, giving details of

A. Project Reports

1. 2. B. | The Recipient shall monitor and cvaluate the progress of the Project and prepare Project Reports in accordance with the provisions of Section 4.08 of the General Conditions and on the basis of the indicators acceptable to the Association and set forth in the Project Operations Manual. Each Project Report shall cover the period of one calendar semester, and shall be furmished to the Association not later than forty-five (45) days after the end of the period covered by such report. The Recipient shall carry out jointly with the Association, not later than thirty-six (36) months after the Effective Date, or such other period as may bc agreed by the Association, a midterm review to assess the status of Project implementation, as measures against the performance indicators sct forth in the Project Operations Manual. Such review shall include an assessment of: (i) the progress in implementation; (ii) the results of monitoring and evaluation activities; (iii) the progress on procurement and disbursement; (iv) compliance with safeguard requirements; (v) adequacy of implementation arrangements; and (vi) the need to make any adjustments to the Project to improve performance. Financial Management, Financial Reports and Audits

1. -10-

interim unaudited financial reports for the Project covering the semester, in form and substance satisfactory to the Association.

3. The Recipient shall, through Project Provinces, have its Financial Statements

Section III. Procurement

A. General

1. 2. 3. | Goods, Works and Non-consulting Services. All goods, works and non- consulting services required for the Project and to be financed out of the procecds of the Credit and the Financing shall be procured in accordance with the requirements sct forth or referred to in Section I of the Procurement Guidelines, and with the provisions of this Section. Consultants' Services. All consultants' services required for the Project and to he financed out of the proceeds of the Credit and the Financing shall be procured in accordance with the requirements set forth or referred to in Sections I and IV of the Consultant Guidelines and with the provisions of this Section. Definitions. The capitalized terms used below in this Section to describe particular procurement methods or methods of review by the Association of particular contracts refer to the corresponding method described in Sections II and III of the Procurement Guidelines, or Sections II, IL IV and Vof the Consultant Guidelines, as the case may be.

B. Particular Methods of Procurement of Goods, Works and Non-consulting

Services

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C. Particular Methods of Procurement of Consultants' Services

1. 2. D. | Quality- and Cost-based Selection. Except as otherwise provided in paragraph 2 below, consultants' services shall be procured under contracts awarded on the basis of Quality and Cost-based Selection. Other Methods of Procurement of Consultants' Services. The fo}lowing methods, other than Quality and Cost-based Selection, may be used for procurement of consultants' services for those contracts which are specified in the Procurement Plan: (a) Quality-based Selection; (b) Least Cost Selection; (c) Selection based on Consultants' Qualifications; (d) Single-source Selection of consulting firms; (e) Procedures set forth in paragraphs 5.2 and 5.3 of the Consultant Guidelines for the Selection of Individual Consultants; and (f) Single- source procedures for the Selection of Individual Consultants. Review by the Association of Procurement Decisions

The Procurement Plan shall set forth tbose contracts which shall be subject to the Association's Prior Review. All other contracts shall be subject to Post Review by the Association.

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Section IV. Withdrawal of the Credit and the Financing Proceeds

A. General

1. 2. | The Recipient may withdraw the proceeds of the Credit and the Financing in accordance with the provisions of Article II of the General Conditions, this Section, and-such additional instructions as the Association may specify by notice to the Recipient (including the "Disbursement Guidelines for Investment Project Financing" dated February 2017, as revised from time to time by the Association and as made applicable to this Agreement pursuant to such instructions), to finance Eligible Expenditures as set forth in the table in paragraph 2 below. The following table specifies the categories of Eligible Expenditures that may be tinanced out of the proceeds of the Credit and the Financing ("Category"), the allocation of the amounts of the Credit and the Financing to each Category, and the porcentage of expenditures to be financed for Eligible Expenditures in each Category.

1. -13-

B. Withdrawal Conditions; Withdrawal Period

i. Notwithstanding the provisions of Part A of this Section, no withdrawal shall be

mAdE:

2. The Closing Date is December 31, 2023.

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ANNEX to SCHEDULE 2

National Competitive Bidding Procedures

The procedures to be followed for the procurement of goods, non-consulting serviccs, and

works under contracts awarded on the basis of National Competitive Bidding shall be those set forth in: (a) Article 20 on Open Bidding of the Recipient's Law on Procurement No. 43/2013/QH13 dated November 26, 2013 and related provisions necessary to effect the same; and (b) the Recipient's Decree No. 63/2014/ND-CP dated June 26,2014 Guiding Implementation of the Law on the Procurement (collectively, "National Procurement Laws"), subject to the provisions of Section I and Paragraphs 3.3 and 3.4 of the "Guidelines for Procurement of Goods, Works, and Non-Consulting Services under IBRD Loans and IDA Credits & Grants by World Bank Borrowers" dated January 2011 and revised July 2014 ("the Proourement Guidelines") and the following provisions:

Conflict of Interest

1. A bidder shall not have a conflict of interest Any bidder found to have a conflict

of interest shall be ineligible for award of a contract, The provisions on conflict of interest as stated under Section I of the Procurement Guidelines shall apply.

Eligibility

2. The eligibility of bidders shall be as defined under Section l of the Procurement

Guidelines; accordingly, no bidder or potential bidder shall be declared incligible for contracts financed by the Association for reasons other than those provided in Section I of the Guidelines. Foreign bidders shall be eligible to participate in bidding under the same conditions as national bidders. In particular, no domestic preference over foreign bidders shall be granted to national bidders in bid evaluation, nor shall foreign bidders be asked or required to form joint vontures with or be subcontractors to national bidders in order to submit a bid.

3. Government-owned enterprises or institutions of the Recipient's country are

cligible to bid in the Recipient's country only if they can establish that they: (i) are Jegally and financially autonomous, (ii) operate under commercial law, and (iii) are not dependent agencies of the Recipient or Sub-Borrower.

Timpe for Bid Preparation

4. The time allowed for the preparation and submission of bids for large and/or

complex packages shall not be less than thirty (30) days from the date of the invitation to bid or the date of ayailability of the bidding documents, whichever is later.

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Standard Bidding Documents

5. The standard bidding documents acceptable to the Association shall be used.

Bid Opening and Bid Evaluation

6. Bids shall be opened in public, immediately after the deadline for submission of

bids, reGarDleSs of the numBER Of biDS ReCeIVED.

7. Evaluation of bids shall be made in strict adherence to the criteria that shall be

clearly specified in the bidding documents and quantified in monetary terms for evaluation criteria other than price; merit points shall not be used in bid evaluation. No bid shall be eliminated from detailed evaluation on the basis of minor, non-substantive deviations. The evaluation of bidder*s qualifications shall be conducted separately subsequent to the technical and commercial evaluation of the bid.

8. A contract shall be awarded, within the period of the validity of bids, to the bidder

who meets the appropriate standards of capability and resources and whose bid has been detertmined (1) to be substantially responsive to the bidding documents and (ii) to offer the lowest evaluafed cost. A bidder shall neither be required nor permitted, as a condition for award, to undertake obligations not specified in the bidding documents or otherwise to modify the bid as originally submitted.

9 No bid shall be rejected on the basis of a comparison with the employer's ostimate

and budget ceiling without the Association's prior written agreement. Rejection of All Bids and Re bidding

10. Rejection of all bids is justified when there is lack of effective competition, or all

bids are not substantially responsive, or no bidder meets the specified qualification criteria, or the bid price of the lowest evaluated winning bid is substantially higher than the Recipient's updated estimated cost or available budget. All bids shall not be rejected or new bids solicited without the Association's prior written agreement.

Complaints by Bidders and Handling of Complaints

11. The Recipient shall implement an effective and independent complaints

mechanism, acceptable to the Association, allowing bidders to comnplaint and have their complaints HAndled in a Timely manNER.

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SCHEDULEз

Amortization Schedule

11. * The percentages represent the percentage of the principal amount of the Credit to be repaid.

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APPENDIX

Section 1. Definitions

1. 2. 3. 4. 5. 6. | "Anti-Corruption Guidclincs" means the "Guidelines on Preventing and Combating Fraud and Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants", dated October 15, 2006 and revised in January 201 "Association's Safeguards Policies" means the operational policies and procedures for financing of development projects by the Association at the date of this Agreement and relating to Environmental Assessment, Natural Habitats, Pest Management, Indigenous Peoples (Ethnic Minorities), Physical Cultural Resources, Involuntary Resettlement, Forests, Safety of Dams, Projects on International Waterways, and Projects in Disputed Areas, as published under www.WorldBank.org/opmanual "Category" means a category set forth in the table in Section IV.A.2 of Schedule 2 to this Agreement. "Consultant Guidelines" means the "Guidelines: Selection and Employment of Consultants under IBRD Loans and IDA Credits and Grants by World Bank Borrowers" dated January 2011 (revised July 2014). "Displaced Persons" means persons who, on account of implementation of the Project, have experienced or would experience direct economic and social impacts caused by: (a) the involuntary taking of land, resulting in: (i) relocation or loss of shelter; (ii) loss of assets or access to assets; or (iii) loss of income sources or means of livelihood, whether or not such persons must move to another location; or (b) the involuntary restriction of access to legally designated parks and protected areas, resulting in adverse impacts on the livelihood of such person. "Environmental and Social Management Plans" or "ESMPs" means the Project

Provinces' environmental and social plans acceptable to the Association, dated

February 28, 2017, and approved by the respective Provincial People' Committee

in each Project Province , as referred in Section LE.4 of Schedule 2 to this

Agreement; which set forth the specific actions, measures and policies designed to

maximize the benefit of the respective activitics under the Project, as well as

eliminate, offsct or mitigate any adverse environmental and social impacts, or

reduce such impacts to acceptable levels, along with administrative and monitoring

arrangements to ensure the implementation of said actions, measures and policies,

as said ESMP may be revised from time to time with the prior written agreement

of the Association, and such term includes any annexes or schedules to such plan.

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7. 8. 9. 10. 11. | "Ethnic Minority Development Framework" means the Recipient's ethic minority development framework, acceptable to the Association, referred to in Section LE.2 of Schedule 2 to this Agreement, dated February 28, 2017, and approved by the respective Provincial People' Committee in each Project Province, setting out the strategy to be implemented in the carrying out of the Project in areas where ethnic minorities are residing, cultivating, hunting and carrying out other similar social activities, which strategy includes special planming measures or actions to be undertaken aimed at ensuring that through informed consultation the cthnic minorities receive the benefits from the Project in a culturally compatible manner acceptable to them, and do not suffer adverse effects as a result of the implementation of the Project, with related public consultation, disclosure, monitoring, reporting and grievance redress procedures, as said framework may be revised from time to time with the prior written agreement of the Association, and such term includes any annexes or schedules to such framework. "Ethnic Minority Development Plans" mcans, collectively, the cthnic minority

development plans acceptable to the Association, dated February 28, 2017, and

approved by the Provincial People' Committee of Soc Trang and Bac Lieu; and

any additional ethnic minority development plan acceptable to the Association, to

be prepared and adopted in accordance with the EMDF; as referred to in Section I.E.2 of Schedule 2 to this Agreement, which set forth the measures to be undertaken in accordance to ensure culturally appropriate social and economic benefits for the ethnic minorities affected by Project activities, and to avoid, minimize, mitigate and/or compensate for any potential adverse effects on the cthnic minorifies associated with such activities; as said plan may be may be revised from time to time with the prior written agreement of the Association, and such term includes any annexes or schedules to such plan. "Financing Agreement" means the agreement between the Recipient and the Association for the Project, of the same date as this Agreement, as such agreement may be amended from time to time, "Financing Agreement" includes all appendices, schedules and agreements supplemental to the Financing Agreement. "General Conditions" means the "International Development Association General Conditions for Credits and Grants", dated July 31, 2010, with the modifications set forth in Section II of this Appendix. "Interest Period" means the initial period from and including the date of this Agreement to but excluding the first Payment Date occurring thereafter, and after the initial period, each period from and including a Payment Date to but excluding the next following Payment Date.

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12. 13. 14. 15. 16. 17. 18. | "Participating Cities" means the Recipient's cites of Bac Lieu, Ben Tre, Long Xuyen, Soc Trang, Tan An, Vi Thanh and Vinh Long or such other city in the Project Provinces agreed with the Association; and "Participating City" means any of said Participating Cities. "Procurcment Guidelines" means the "Guidelines: Procurement of Goods, Works and Non-consu)ting Services under IBRD Loans and IDA Credits and Grants by World Bank Borrowers" dated January 2011 (revised July 2014). "Procurement Plan" means the Recipient's procurement plan for the Project, dated April 28, 2017 and referred to in paragraph 1.18 of the Procurement Guidelines and paragraph 1.25 of the Consultant Guidelines, as the same shall be updated from time to time in accordance with the provisions of said paragraphs. "Project Management Units" and "PMUs" mean, collectively, the Units established and maintained by the Project Provinces in respect of their Respective Parts of the Project, in acoordance with Section I.A.1 (b) of Schedule 2 to this Agreement, and any successor thereto; and a "Project Management Unit" and "PMU" mean any of said Units. "Project Operations Manual" or "POM" means, collectively, the project operations manuals, acceptable to the Association, dated March 2017, and approved by the respective Provincial People' Committec in each Project Province, as referred to in Section LA.2 of Schedule 2 to this Agreement, which sets forth detailed arrangements and procedures for: (a) institutional coordination and day-to-day execution of the Project; (b) disbursement and financial management; (c) procurement; (d) environmental and social safeguards management; (e) monitoring and evaluation, reporting and communication; (f) an integrity action plan; (g) performance indicators and (h) such other administrative, financial, technical and organizational arrangements and procedures as shall be required for the Project; as the same may be amended from time to time with the prior written agreement of the Association, and such term includes any annexes or schedules or ameodments to such manual. "Project Provinces" means the Recipient's provinces of An Giang, Bac Lieu, Ben

Tre, Hau Giang, Long An, Soc Trang, Vinh Long, or such other province as agreed

with the Association, as each of them is represented by its respective Provincial

People's Committee; and "Project Province" means any of such Project Provinces.

"Project Steering Committees" or "PSCs" mean, collectively, the Committees

established and maintained by the Project Provinces in respect of their Respective

Parts of the Project, in acoordance with the Section L A.1 (a) of Schedule 2 to this

Agreement; and a "Project Steering Committee" means any of said Committees.

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19. 20. 21. 22. 23. 24. | "Provincial People's Committees" means, collectively, the local goverrments of the Project Provinces at the Provincial level; and "Provincial People's Committee" means any one of the Provincial People's Committees in the Project Provinces. "Resenlement Action Plans" or "RAPs" means, collectively the Project Provinces' resettlement plans acceptable to the Association, dated February 28,, 2017, and approved by the respective Provincial People's Committees at each Project Province, ; and any additional resetflement plans acceptable to the Association, to be prepared and adopted in accordance with the RPF; as referred to in Section LE.2 of Schedule 2 to this Agreement; which set forth principles and procedures governing the acquisition of land and related assets, and the compensation, resettlement, and rebabilitation of Displaced Persons in accordance with the guidelines and procedures set forth in the RPF, as said plans may be revised from time to time with the prior written agreement of the Association, and such term includes any annexes or scliedules to such plan. "Resettlement Policy Framework" or "RPF" means the Recipient's resettlement policy acceptable to the Association, referred to in Section LE.2 of Schedule 2 to this Agreement, dated February 28, 2017, and approved by the respective Provincial People's Committees at cach Project Province; which sets forth principles for formulating entitlements and/or support for affected households, mitigation measures, grievance redress mechanisms, monitoring and evaluations -of resettlement activities, budger and implementation arrangements, including capacity building through training, to carry out the acquisition of land and related assets under the Project and compensation, resettlement, support and livelihoods rehabilitation of Displaced Persons, and the preparation of additional RAPs during the implementation of the Project, as said RPF may be revised from time to time with the prior written agreement of the Association, and such term includes any annexes or schedules to such framework. *Respective Part of the Project" means, in respect of each Project Province, Project activities carried or to be carried out in any of its Participating Cities. "Safeguards Instruments" means, collectively, the Environmental and Social Management Plans, the Ethnic Miporities Policy Framework, the Ethnic Minarities Development Plans, the Resettlement Policy Framework and the Resettlement Action Plans. "Subsidiary Agreement" means the agreement reforred to in Section I.B of Schedule 2 to this Agreement pursuant to which the Recipient, through its Ministry of Finance, shall make the proceeds of the Credit and the Financing available to each Project Province.

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Section Il. Modifications to the General Conditions

The General Conditions are hereby modified as follows:

1. 2. 3. | In the Table of Contents, the references to Sections, Section names and Section numbers are modified, as necessary, to reflect the modifications set forth in the paragraphs below. Section 2.07 (Refinancing Preparation Advance) is retitled as "Refinancing Preparation Advance; Capitalizing Front-end Fee", amended by adding a new paragraph (b), and modified to read as follows: "Section 2.07 Refinancing Preparation Advance; Capitalizing Front-cnd Fee (a) If the Financing Agreement provides for the repayment out of the proceeds of the Financing of an advance made by the Bank or the Association ("Preparation Advance), the Association shall, on behaif of the Recipient, withdraw from the Financing Account on or after the Effective Date the amount required to repay the withdrawn and outstanding balance of the advance as at the date of such withdrawal from the Financing Account and to pay all accrued and unpaid charges, if any, on the advance as at such date. The Association shall pay the amount so withdrawn to itself or the Bank, as the case may be, and shall cancel the remaining urwithdrawn amount of the advance. (b) Except as otherwise provided in the Financing Agrcement, the Association shall, on behalf of the Recipient, withdraw from the Financing Account on or after the Effective Date and pay to itself the amount of the Front-end Fee payable pursuant to Section 3.01 (a)." Section 3.01 (Commitment Charge) is retitled as "Front-end Fee; Commitment

Charge ", amended by adding a new paragraph (a), and mudified to read as follows:

"Section 3.0 Fromt-end Fee; Commitment Charge

(a) The Recipient shall pay the Association a front-end fee on the Credit

amount at the rate specified in the Financing Agreement (the "Front-end Fee").

(b) The Recipient shall pay the Association a commitment charge on the

Unwithdrawn Credit Balance at the rate specified in the Financing Agreement (the "Commitment Charge"). The Commitment Charge shall accrue from a date sixty days after the date of the Financing Agreement to the respective dates on which amounts are withdrawn by the Recipient from the Credit Account or cancelled. The Commitment Charge shall be payable semi-annually in arrears od each

PAYMENT DATE."

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4. Section 3.02 (Service Charge) is retitied as "Interest Charge" and modified to read

as follows:

"Section 3.02. Interest Charge

The Recipient shall pay the Association interest on the Withdrawn Credit Balance at the rate specified in the Financing Agreement. Interest shall accrue from the respective dates on which amounts of the Credit are withdrawn and shall be payable semi-annually in arrears on each Payment Date. Interest Charges shall be computed on the basis of a 360-day year of twelve 30-day months."

5. Section 3.03 (Repayment of the Credit) is modified by delcting paragraph (b) in its

entirety and amending the remaining paragraph (a) to read as follows:

"Section 3.03. Repayment of the Credit

The Recipient shall repay the Withdrawn Credit Balance to the Association in installments as provided in the Financing Agreement."

6. 7. | In the Appendix, Definitions, all relevant references to Section numbers and paragraphs are modified, as necessary, to reflect the modifications set forth in paragraphs 1 through 5 above. Paragraph 28 of the Appendix ("Fmancing Payment") is modified to read as follows:

"28. "Financing Payment" means any amount payable by the Recipient to the

Assuciation pursuant to the Financing Agreement or these General Conditions, including (but not limited to) any amount of the Withdrawn Credit Balance, the interest Charge, the Frout-end Fee, and the Commitment Charge."

8. 9. 10. | A new paragraph 30 is inserted in the Appendix with the following definition of *Front-end Fee", and the subsequent paragraphs arc renumbered accordingly: "30. "Front-end Fee" means the fee specified in the Financing Agreement for the purpose of Section 3.01 (a)." A new paragraph 33 is inserted in the renumbered Appendix with the following definition of "Interest Charge", and the subsequent paragraphs are renumbered accordingly: "33. "Interest Charge" means the interest charge specified in the Financing Agreement for the purpose of Section 3.02." Renumbered paragraph 38 (originally paragraph 36) of the Appendix ("Payment

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Date") is modified by deleting the words "Service Charges" and inserting the words "Interest Charges"

[1. Renumbered paragraph 51 (originally paragraph 49) of the Appendix ("Service

Charge") is deleted in its entircty, and the subsequent paragraphs are renumbered accordingly.