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:

Nghị định thư sửa đổi Bản ghi nhớ sửa đổi về thành lập Quỹ ASEAN ký tại Gia-các-ta ngày 02 tháng 10 năm 2015, có hiệu lực kể từ ngày 02 tháng 10 năm 2015.

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

PROTOCOL AMENDING THE REVISED MEMORANDUM OF UNDERSTANDING ON THE ESTABLISHMENT OF THE ASEAN FOUNDATION

The Government of Brunei Darussalam

The Government of the Kingdom of Cambodia

The Government of the Republic of Indonesia

The Government of the Lao People’s Democratic Republic

The Government of Malaysia

The Government of the Republic of the Union of Myanmar

The Government of the Republic of the Philippines

The Government of the Republic of Singapore

The Government of the Kingdom of Thailand

The Government of the Socialist Republic of Viet Nam

Thereafter collectively referred to as “ASEAN Member States” or singularly as “Member State”

Taking into account the entry into force of the ASEAN Charter,

Pursuant to Article 15 of the ASEAN Charter, and

Taking into account Article XV of the Revised Memorandum of Understanding on the Establishment of the ASEAN Foundation (hereinafter referred to as “the Revised MOU”) signed on 25 July 2000, in Bangkok, Kingdom of Thailand.

HAVE AGREED AS FOLLOWS:

Article 1

Paragraph 1 of Article IV of the Revised MOU shall be amended to read as follows:

“The Foundation shall support ASEAN’s community building efforts by promoting greater awareness of the ASEAN identity, human resources development, people-to-people interaction, and close collaboration among the business sector, civil society, academia, and other stakeholders in ASEAN”.

Article 2

Article VIII of the Revised MOU shall be amended to read as follows:

“The organisation of the Foundation shall consist of a Board of Trustees, Executive Director and the staff of the ASEAN Foundation.”

Article 3

1. Paragraph 1 of Article IX of the Revised MOU shall be amended to read as follows:

“The Board of Trustees, hereinafter referred to as “the Board”, shall consist of:

a. the Permanent Representatives to ASEAN or any other representative appointed by the respective ASEAN Member States;

b. the Secretary-General of ASEAN as an ex-officio member; and

c. the Executive Director as an ex-officio member.”

2. Paragraph 4 of Article IX of the Revised MOU shall be amended to read as follows:

“The Board shall:

a. set the Foundation’s programme in accordance with ASEAN’s community building efforts as well as ASEAN’s overall objectives;

b. formulate the guidelines and procedures for the award of scholarships / fellowships and other activities of the Foundation;

c. have overall responsibility for the Fund of the Foundation and shall be responsible for the formulation of policy for the procurement and the utilization of the Fund of the Foundation;

d. approve projects seeking support from the Fund of the Foundation;

e. approve the annual operational budget for the Foundation;

f. perform such other functions as may be necessary to carry out the objectives of the Foundation; and

g. meet at least once a year.”

3. Paragraph 5 of Article IX of the Revised MOU shall be deleted.

4. Paragraph 6 of Article IX of the Revised MOU shall be re-numbered as paragraph 5, and shall be amended to read as follows:

“The Board shall consider the Executive Director’s report before it is submitted to the ASEAN Summit through the ASEAN Coordinating Council in accordance with Article 15 (2) of the ASEAN Charter.”

Article 4

Article XI of the Revised MOU shall be deleted.

Article 5

Article XIV of the Revised MOU shall be re-numbered as Article XI, and shall be amended to read as follows:

“1. The Foundation shall support the Secretary-General of ASEAN and collaborate with the relevant ASEAN bodies to help achieve the Foundation’s objectives in accordance with ASEAN’s priorities.

2. The Foundation shall coordinate and collaborate with the ASEAN Secretariat.”

Article 6

This Protocol, and the amendments to the Revised MOU made thereunder, shall enter into force upon signature by all ASEAN Member States.

IN WITNESS THEREOF, the undersigned, being duly authorized thereto by their respective Governments, have signed this Protocol.

Done in Jakarta, Indonesia on 2 October in the year 2015 in a single copy in the English Language.

For the Government of Brunei Darussalam




Emaleen Abdul Rahman Teo
Permanent Representative of Brunei Darussalam to ASEAN

For the Government of the Kingdom of Cambodia




Norng Sakal
Permanent Representative of the Kingdom of Cambodia to ASEAN

For the Government of the Republic of Indonesia




Rahmat Pramono
Permanent Representative of Republic of Indonesia

For the Government of the Lao Peoples’ Democratic Republic




Latsamy Keomany
Permanent Representative of Lao PDR to ASEAN

For the Government of Malaysia




Dato’ Hasnudin Hamzah
Permanent Representative of Malaysia to ASEAN

For the Government of the Republic of the Union of Myanmar




Min Lwin
Permanent Representative of the Republic of the Union of Myanmar to ASEAN

For the Government of the Republic of the Philippines




Elizabeth P. Buensuceso
Permanent Representative of the Republic of the Philippines to ASEAN

For the Government of the Republic of Singapore




Tan Hung Seng
Permanent Representative of the Republic of Singapore to ASEAN

For the Government of the Kingdom of Thailand




Chombhala Chareonying
Permanent Representative of the Kingdom of Thailand to ASEAN

For the Government of the Socialist Republic of Viet Nam




Nguyen Hoanh Nam
Permanent Representative of the Socialist Republic of Viet Nam to ASEAN