Memorandum of Understanding between the Ministry of Road Transport and Highways of the Republic of India and the Ministry of Transport of the People’s Republic of China on cooperation in roads and road transportation

October, 2013

The Ministry of Road Transport and Highways of the Republic of India and the Ministry of Transport of the People’s Republic of China, herein after referred to as the ‘Participants’,

RECOGNIZING the significant mutual benefit that can be derived by the Participants from cooperation on roads and road transportation matters;

RECOGNIZING the common objective of developing and promoting safe, efficient, cost effective and sustainable road transportation systems;

RECOGNIZING the importance of roads and road transportation in the economic development process of each Participant country, within their respective national policy framework;

HAVE REACHED the following understanding: Article 1

Principles and Objectives of Cooperation

  1. Under the framework of this Memorandum of Understanding (‘Memorandum’), the Participants will undertake cooperation on the basis of equality, reciprocity and mutual benefit.
  2. The purpose of this Memorandum is to establish a long-term and effective relationship of communication and cooperation in Roads and Road Transportation.

Article 2
Definitions
For the purpose of this Memorandum,

a.’Road ‘ means the National Highways of the respective countries.
b. ‘Road Transportation’ means transportation of both passengers and goods by road but excludes urban transport.

Article 3

Areas of Cooperation

The Participants will cooperate in the fields of roads and road transportation in the following areas:

a. Exchange and sharing of knowledge and cooperation in the areas of transportation technology, transport policy, for passenger and freight movement by roads;

b. Planning, administration and management of road infrastructure, technology and

standards for roads/highways construction and maintenance;

c. Sharing of information and best practices for developing road safety plans and road safety intervention strategies, and outreach activities aimed at reducing deaths and injuries resulting from road accidents, through:

(i) Exchange and sharing of knowledge in Intelligent Transport System;

(ii) Sharing of information and best practices on increasing vehicle safety oversight, and safety fitness framework for the vehicle testing and certification system;

d. Sharing of knowledge and best practices in user fee (toll) related issues; including the modern system, technologies and methods of levying of user fee and collection including Electronic Toll Collection System;

e. Sharing of information in areas of improved technologies and materials in road and bridge construction, including joint research;

f. Sharing the experience on contractual frameworks, financing and procurement issues, particularly related to Public Private Partnerships (PPP) mode;

g. Any other area of bi-lateral cooperation, mutually agreed by the Participants.

Article 4
Ways of cooperation

1. The cooperation under this Memorandum will be carried out through the following ways:
a. Consultations at expert level about specific cooperation issues upon the requests of the Participants;

b. Organizing exchange visits for technical experts;
c. Organizing technical exchanges by way of joint organization of workshops/ seminars/conferences, etc;
d. Exchange of relevant technical materials in accordance with the provisions of the respective laws and regulations and information of policies, laws and regulations;
e. Mutual provision of information relating to transport infrastructure construction projects in theirown country;
f. To undertake relevant scientific and technical research in the institutes from both countries including joint research in the identified areas of cooperation.
g. Any other method of cooperation as mutually agreed upon.

2. Whenever necessary, the Participants will discuss and jointly determine the detailed arrangement of the cooperation activities specified in Paragraph 1 of this Article.

Article 5

Implementation

1. Coordination Organizations:

International Cooperation Wing of the Ministry of Road Transport and Highways of the Republic of India and Department of International Cooperation of the Ministry of Transport of the People’s Republic of China will carry out the coordination of activities under this Memorandum;

2. Implementation Mechanism:

a. The Participants agree to constitute a Joint Working Group (JWG) to oversee the implementation of this Memorandum and to identify specific cooperation activities and services under this Memorandum.
b. The JWG will deal with all questions related to the implementation of this Memorandum and resolve the difficulties that might arise in the course of implementation of this Memorandum.

c. The members of this JWG will be nominated by the Participants. The JWG will meet, as per mutual agreement, alternately in China and in India.
d. Where possible and appropriate, the Participants will facilitate the involvement of other institutions and organizations in the cooperation activities under this Memorandum, both in the government and private sectors.

Article 6

Costs

The Participants agreed that each government shall bear its own administrative costs for the implementation of this Memorandum. Specific financial procedures will be negotiated for certain cooperation activities as needed. Any contract or separate detailed arrangements for such activities will be jointly determined bythe Participants.

Article 7

Publicity

  1. The Participants agreed that prior approval shall be sought of the other participant before the use of any publicity or presentational material by any of the Participants and executive agencies as are allowed to participate under Article 4 of this Memorandum.

     

  2. Scientific and Technical information of a non-proprietary nature derived from the cooperative activities conducted under this Memorandum may be made available to the public through customary channels and, in accordance with, the normal procedures of the Participants, and other governmental entities involved in the cooperative activities.

Article 8

Confidentiality

Information and documentation received by either of the Participants as a result of cooperation under this Memorandum within their respective regulatory and legislative framework will not be given to a third party without the prior written consent of the originator. The Participants accept that either Participant may be subject to legal obligations concerning the disclosure of information relating to this Memorandum within their respective regulatory and legislative framework but will nonetheless ensure the other Participant is informed prior to any disclosure subject to the provisions for ‘Confidentiality’ under this Memorandum, wherever applicable.

Article 9

Disputes

Any dispute about the interpretation or application of this Memorandum will be resolved by consultations between the Participants, and will not be referred to any national or international tribunal or third party for settlement. If the Participants are unable to resolve the dispute, either Participant may terminate this Memorandum in accordance with Article 11 or such shorter period as may be decided between the Participants.

Article 10

Natureof the Memorandum

  1. This Memorandum is not legally binding on either of the Participants.
  2. This Memorandum will not generate any public/international law obligations for the participants.
  3. All activities developed under this Memorandum are subject to existing laws and regulations of the respective country of the Participants, and to the availability of necessary funds and resources.

Article11

Entry into Force, Validity, Termination, Interpretation and Amendment

The Participants agree to the following provisions:

1. Entry into Force:

This Memorandum shall enter into force on the date of its signature and will remain valid for a period of five years and shall be extended by another five years, upon their mutual written consent, at least six(6) months before expiry of the validity of this Memorandum.

2. Amendment to the Memorandum:

This Memorandum may be amended by mutual written consent of the Participants. Any amendments thereto shall enter into force on the date of signing of such consent.

3. Termination Provision:

a. The Memorandum may be terminated by either of the Participants at any time by giving sixty (60) days advance written notice to the other Participant.
b. Unless otherwise agreed in written form, the termination of this MOU shall not affect the validity of any ongoing project or activity implemented in accordance with this Memorandum.

c. The Participants will determine how the outstanding matters should be dealt with on the basis of mutual consultation.

Signed at Beijing on 23 October 2013 in two originals each in English, Hindi and Chinese languages. All texts shall be equally authentic. In case of divergence in interpretation, the English text shall prevail.

For The Ministry of Road Transport and Highways of the Republic of India

For The Ministry of Transport of the People’s Republic of China