Proposal for a COUNCIL DECISION on the signing of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part
Date: 2010-11-29
Institutions: European Commission
Subjects: Viet Nam, association agreement, cooperation agreement, cooperation policy, development policy, human rights

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EUROPEAN COMMISSION 

Brussels, 29.11.2010 
COM(2010) 699 final 

2010/0340 (NLE) 

Proposal for a 

COUNCIL DECISION 

of […] 

on the signing of the Framework Agreement on Comprehensive Partnership and 
Cooperation between the European Union and its Member States, of the one part, and 
the Socialist Republic of Vietnam, of the other part 

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EXPLANATORY MEMORANDUM 

In May 2007, the Council authorised the Commission to negotiate a Framework Agreement 
on  Partnership  and  Cooperation  (PCA)  with  Vietnam,  based  on  the  November  2004 
authorisation for negotiations with Thailand, Indonesia, Singapore, the Philippines, Malaysia 
and  Brunei.  Negotiations  with  Vietnam  were  launched  in  Hanoi  in  November  2007.  Both 
sides  initialled  the  PCA  in  Brussels  on  4  October  2010  following  the  endorsement  of  the 
outcome of the negotiations by Coreper.  

The PCA with Vietnam is the third agreement finalised with an ASEAN country over the past 
year,  following  those  with  Indonesia  and  the  Philippines.  It  will  supersede  the  current  legal 
framework  of  the  1995  Agreement  between  the European Community and Vietnam and the 
1980  Cooperation  Agreement  between  the  European  Economic  Community  and  member 
countries of the Association of South-East Asian Nations, which was extended to Vietnam in 
1999.  

This Agreement with Vietnam constitutes another stepping stone towards enhanced political 
and economic involvement of the EU in South-East Asia. It covers the EU’s standard political 
clauses on Human rights, ICC, WMD, SALW and Counter-terrorism and implements the EU 
policies on taxation as well as on migration. The PCA provides the basis for more effective 
engagement  by  the  EU  and  its  Member  States  with  Vietnam  in  the  development,  trade, 
economic  and  justice  domains.  It  encompasses  areas  such  as  health,  environment,  climate 
change,  energy,  education  and  culture,  labour,  employment  and  social  affairs,  science  and 
technology,  and  transport.  The  Agreement  further  addresses  legal  cooperation,  money 
laundering  and  terrorist  financing,  organised  crime  and  corruption.  It  also  covers  areas  of 
particular interest in the case of Vietnam such as cooperation on human rights and the rule of 
law as well as on remnants of war and natural disaster prevention. 

Finally, the conclusion of the PCA will facilitate the launch and conclusion of a Free Trade 
Agreement  with  Vietnam  in  accordance  with  the  EU’s  objective  of  creating  a  coherent 
economic  and  political  framework  for  relations  between  the  EU  and  ASEAN  countries.

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2010/0340 (NLE) 

Proposal for a 

COUNCIL DECISION 

of […] 

on the signing of the Framework Agreement on Comprehensive Partnership and 
Cooperation between the European Union and its Member States, of the one part, and 
the Socialist Republic of Vietnam, of the other part 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 207 and 209 in conjunction with Article 218(5) thereof, 

Having regard to the proposal from the Commission1, 

Whereas: 

(1) 

On  14  May  2007,  the  Council  authorised  the Commission to negotiate a  Framework 
Agreement on Partnership and Cooperation, hereinafter referred to as ‘the Agreement’, 
with the Socialist Republic of Vietnam.  

(2) 

Subject to its possible conclusion at a later date, the Agreement should be signed. 

The provisions of this Agreement that fall within the scope of Part Three, Title V of 
the Treaty on the Functioning of the European Union bind the United Kingdom and 
Ireland as separate Contracting Parties, and not as part of the European Union, unless 
the European  Union together  with the  United  Kingdom  and/or 
Ireland have 
jointly notified Vietnam that the United Kingdom and/or Ireland is bound as part of 
the European Union in accordance with Protocol No 21 on the position of the United 
Kingdom and Ireland in respect of the area of Freedom, Security and Justice annexed 
to the Treaty on European Union and the Treaty on the Functioning of the European 
Union.  If  the  United  Kingdom  and/or  Ireland ceases  to  be  bound  as  part  of  the 
European  Union  in  accordance  with  Article  4a  of  Protocol  No  21,  the  European 
Union together  with  the  United  Kingdom  and/or  Ireland  shall  immediately  inform 
Vietnam of any change in their position in which case they shall remain bound by the 
provisions  of  the  Agreement  in  their  own  right.  The  same  applies  to  Denmark  in 
accordance  with  the  Protocol  No  22  on  the  position  of  Denmark  annexed  to  those 
Treaties. 

1 

OJ C […], […], p. […]. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  signing  of  the  Framework  Agreement  on  Comprehensive  Partnership  and  Cooperation 
between  the  European  Union  and  its  Member  States,  of  the  one  part  and  the  Socialist 
Republic of Vietnam, of the other part, is hereby approved on behalf of the Union, subject to 
the Council Decision concerning the conclusion of the said Agreement. 

The text of the Agreement is attached to this Decision. 

The President of the Council is hereby authorised to designate the person empowered to sign 
the Agreement on behalf of the European Union.  

Article 2 

Article 3 

This Decision will enter into force the day after its adoption. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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ANNEX  

FRAMEWORK AGREEMENT ON COMPREHENSIVE PARTNERSHIP AND 
COOPERATION BETWEEN THE EUROPEAN UNION AND ITS MEMBER 
STATES, OF THE ONE PART, AND THE SOCIALIST REPUBLIC OF VIETNAM, 
OF THE OTHER PART 

THE EUROPEAN UNION, hereinafter referred to as ‘the Union’ 

and 

THE KINGDOM OF BELGIUM, 

THE REPUBLIC OF BULGARIA, 

THE CZECH REPUBLIC, 

THE KINGDOM OF DENMARK, 

THE FEDERAL REPUBLIC OF GERMANY, 

THE REPUBLIC OF ESTONIA, 

THE HELLENIC REPUBLIC, 

THE KINGDOM OF SPAIN, 

THE FRENCH REPUBLIC, 

IRELAND, 

THE ITALIAN REPUBLIC, 

THE REPUBLIC OF CYPRUS, 

THE REPUBLIC OF LATVIA, 

THE REPUBLIC OF LITHUANIA, 

THE GRAND DUCHY OF LUXEMBURG, 

THE REPUBLIC OF HUNGARY, 

THE REPUBLIC OF MALTA, 

THE KINGDOM OF THE NETHERLANDS, 

THE REPUBLIC OF AUSTRIA, 

THE REPUBLIC OF POLAND, 

THE PORTUGUESE REPUBLIC, 

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ROMANIA, 

THE REPUBLIC OF SLOVENIA, 

THE SLOVAK REPUBLIC, 

THE REPUBLIC OF FINLAND, 

THE KINGDOM OF SWEDEN, 

THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, 

Contracting  Parties  to  the  Treaty  establishing  the  European  Union  and  the  Treaty  on  the 
Functioning of the European Union, hereinafter referred to as the ‘Member States’,  

THE SOCIALIST REPUBLIC OF VIETNAM,  

of the one part, and  

of the other part, 

Hereinafter jointly referred to as ‘the Parties’, 

CONSIDERING  the  traditional  links  of  friendship  between  the  Parties  and  the  close 
historical, political and economic ties which unite them, 

WHEREAS  the  Parties  attach  particular  importance  to  the  comprehensive  nature  of  their 
mutual relationship, as demonstrated, inter alia, by the Vietnamese “Master Plan for relations 
between Vietnam and the European Union until 2010 and orientations towards 2015” of 2005 
and the ensuing discussions between the Parties, 

WHEREAS  the  Parties  consider  that  this  agreement  forms  part  of  a  wider  and  coherent 
relationship between them through agreements to which both sides are parties together,  

REAFFIRMING their commitment to the general principles of the international law and the 
purposes  and  principles  of  Charter  of  the  United  Nations,  and  the  respect  for  democratic 
principles and human rights, 

REAFFIRMING their respect for independence, sovereignty, territorial integrity and national 
unity of the Socialist Republic of Vietnam,  

REAFFIRMING  their  attachment  to  the  principle  of  good  governance  and  the  fight  against 
corruption, 

REAFFIRMING  their  desire  to  promote  economic  and  social  progress  for  their  peoples, 
taking  into  account  the  principle  of  sustainable  development  and  environmental  protection 
requirements, 

CONSIDERING that the International Criminal Court constitutes an important development 
for peace and international justice, which aims at the effective prosecution of the most serious 
crimes of concern to the international community, 

WHEREAS the Parties share the view that the proliferation of weapons of mass destruction 
(WMD) pose a major threat to international security and wish to strengthen their dialogue and 

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cooperation in this area. The adoption by consensus of UNSC Resolution 1540 underlies the 
commitment of the whole international community to fight against proliferation of weapons 
of mass destruction,  

RECOGNISING 
commitments under international obligations applicable to the Parties,  

to  strengthen  disarmament  as  well  as  non-proliferation 

the  need 

EXPRESSING  their  full  commitment  to  fighting  all  forms  of  terrorism  in  conformity  with 
international  law,  including  human  rights  law  and  humanitarian  law  and  to  establishing 
effective  international  cooperation  and  instruments  to  ensure  their  eradication,  and  recalling 
the relevant UNSC Resolutions, 

RECOGNISING the importance of the Cooperation Agreement of 7 March 1980 between the 
European  Economic  Community  and  Indonesia,  Malaysia,  the  Philippines,  Singapore  and 
Thailand – member countries of the Association of South-East Asian Nations (ASEAN) and 
which was extended to Vietnam in 1999, as well as the Cooperation Agreement between the 
European Community and the Socialist Republic of Vietnam of 17 July 1995,  

RECOGNISING the importance of strengthening the existing relationship between the Parties 
with a view  to enhancing cooperation between them, and their common will to consolidate, 
deepen  and  diversify  their  relations  in  areas  of  mutual  interest  on  the  basis  of  sovereignty, 
equality, non-discrimination, respect for the natural environment and mutual benefit, 

RECOGNISING Vietnam’s status as a developing country and taking account of the Parties' 
respective levels of development, 

RECOGNISING  the  significant  importance  of  development  cooperation  to  developing 
countries, especially the low-income and lower middle-income developing countries, for their 
sustained  economic  growth,  sustainable  development  and  timely  and  full  realization  of  the 
internationally  agreed  development  goals,  including  the  United  Nations’  Millennium 
Development Goals, 

RECOGNISING  the  progress  made  by  Vietnam  towards  achieving  the  Millennium 
Development  Goals  and  in  the  implementation  of  its  Strategy  for  Socio-Economic 
Development as well as its current level of development as a low income developing country, 

WHEREAS the Parties attach particular importance to the principles and rules which govern 
international  trade  contained  in  the  Agreement  establishing  the  World  Trade  Organization 
(WTO), and the need to apply them in a transparent and non-discriminatory manner, 

RECOGNISING that trade plays a significant role in development and the importance of trade 
preferential programmes,  

EXPRESSING  their  full  commitment  to  promote  sustainable  development  in  all  its 
dimensions, including environmental protection and effective cooperation to combat climate 
change  as  well  as  effective  promotion  and  implementation  of  internationally  recognised 
labour standards ratified by the Parties, 

UNDERLINING the importance of cooperation on migration,  

CONFIRMING  their  desire  to  enhance,  in  full  concord  with  activities  undertaken  in  a 
regional framework, the cooperation between the Parties based on shared values and mutual 
benefit, 

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NOTING that the provisions of the Agreement that fall within the scope of Part III, Title V of 
the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as 
separate  Contracting  Parties,  or  alternatively,  as  part  of  the  European  Union,  in  accordance 
with the Protocol on the position of the United Kingdom and Ireland in respect of the area of 
freedom, security and justice annexed to the Treaty on the European Union and the Treaty on 
the Functioning of the European Union. The same applies to Denmark, in accordance with the 
Protocol annexed to those Treaties on the position of Denmark, 

HAVE AGREED AS FOLLOWS: 

TITLE I 

NATURE AND SCOPE 

Article 1 
General Principles 

1.  The  Parties  confirm  their  commitment  to  the  general  principles  of  international  law  as 
defined in the purposes and principles of the Charter of the United Nations, reaffirmed in the 
UNGA  Declaration  of  1970  on  Principles  of  the  international  law  concerning  friendly 
relations and cooperation among States in accordance with the Charter of the UN, and in other 
relevant international treaties, expressing inter alia the rule of law, and the principle of pacta 
sunt servanda; and to the respect for democratic principles and human rights, as laid down in 
the  UNGA  Universal  Declaration  of  Human  rights  and  other  relevant  international  human 
rights  instruments  to  which  the  Parties  are  Contracting  Parties,  which  underpin  the  internal 
and  international  policies  of  both  Parties  and  which  constitute  an  essential  element  of  this 
Agreement. 

2. The Parties confirm their commitment to further cooperate towards the full achievement of 
internationally  agreed  development  goals,  including  the  Millenium  Development  Goals, 
through compliance with the existing mutual international obligations which are applicable to 
the  Parties.  This  constitutes  an  essential  element  of  this  Agreement.  They  confirm  their 
respective  commitments  to  the  European  Consensus  on  Development  of  2005,  the  Paris 
Declaration  on  Aid  Effectiveness  agreed  at  the  High  Level  Forum  on  Aid  Effectiveness  in 
2005,  the  Accra  Agenda  for  Action  agreed  at  the  Third  High-level  Forum  on  Aid 
Effectiveness, and the Hanoi Core Statement on Aid Effectiveness agreed in 2006 with a view 
to further improve development cooperation performance, including progress on untying aid 
and achieving more predictable aid mechanisms.  

3.  The  Parties  confirm  their  commitment  to  promoting  sustainable  development  in  all  its 
dimensions, cooperating to address the challenges of climate change as well as globalisation 
and contributing to the internationally agreed development goals, including those contained in 
the Millennium Development Goals.  

4. The Parties agree that the implementation of all cooperation activities under this Agreement 
shall take into account their respective levels of development, needs and capacity.  

5.  The  Parties  confirm  that  trade  plays  a  significant  role  in  development  and  that  trade 
preferential  programs  help  to  promote  the  development  of  developing  countries,  including 
Vietnam. 

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6. The Parties agree that cooperation under this Agreement will be in accordance with their 
respective legislation, rules and regulations. 

Article 2 
Aims of cooperation 

With  a  view  to  strengthening  their  bilateral  relationship,  the  Parties  undertake  to  hold  a 
comprehensive  dialogue  and  promote  further  cooperation  between  them  on  all  sectors  of 
mutual interest. Their efforts will in particular be aimed at: 

establishing cooperation bilaterally and in all relevant regional and international fora 

(a) 
and organisations; 

(b) 

developing trade and investment between the Parties to their mutual advantage; 

(c) 
establishing cooperation in all trade and investment-related areas of mutual interest, in 
order to facilitate sustainable trade and investment flows and to prevent and remove obstacles 
to  trade  and  investment,  in  a  consistent  and  complementary  manner  to  ongoing  and  future 
regional EU-ASEAN initiatives; 

(d) 
working  through  development  cooperation  towards  eradicating  poverty,  promoting 
sustainable  development,  combating  emerging  challenges  such  as  climate  change  and 
communicable diseases, deepening economic reform and integrating into the world economy; 

(e) 
establishing cooperation in the area of justice and security, including rule of law and 
legal cooperation, data protection, migration, combating organised  crime,  money  laundering 
and illicit drugs; 

fostering  cooperation  in  all  other  sectors  of  mutual  interest,  including  human  rights; 
(f) 
economic  policy;  financial  services;  taxation;  industrial  policy  and  small  and  medium-sized 
enterprises;  information  and  communication  technologies;  science  and  technology;  energy; 
transport;  urban  and  regional  planning  and  development;  tourism;  education  and  training; 
culture;  climate  change;  environment  and  natural  resources;  agriculture,  forestry,  livestock, 
fisheries  and  rural  development;  health;  statistics;  labour,  employment  and  social  affairs; 
reform  of  public  administration;  associations  and  non-governmental  organisations;  natural 
disaster prevention and mitigation; gender equality; 

enhancing  existing  and  encourage  new  participation  of  both  Parties  within  sub-

(g) 
regional and regional cooperation programmes open to the participation of the other Party; 

establishing  cooperation  on  countering  the  proliferation  of  weapons  of  mass 
(h) 
destruction  and  their  means  of  delivery;  combating  illicit  trade  in  small  arms  and  light 
weapons in all its aspects; remnants of war; 

(i) 

establishing cooperation on combating terrorism; 

raising  the  roles  and  profiles  of  the  Parties  in  each  others’  regions  through  various 

(j) 
means, including cultural exchanges, use of information technology and education;  

(k) 
promoting  people-to-people  understanding  inter  alia  through  cooperation  among 
entities  such  as  think-tanks,  academics,  business  and  the  media  in  the  form  of  seminars, 
conferences, youth interaction and other activities. 

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Article 3 
Cooperation in regional and international organisations 

1. The Parties undertake to exchange views and cooperate in regional and international fora 
and  organisations,  including  the  United  Nations  and  its  agencies  and  organisations,  the 
ASEAN-EU  dialogue,  ASEAN  Regional  Forum  (ARF),  the  Asia-Europe  Meeting  (ASEM), 
and the World Trade Organisation (WTO). 

2.  The  Parties  also  agree  to  promote  cooperation  in  these  fields  between  think-tanks, 
academics, non-governmental organisations, business and the media through the organisation 
of seminars, conferences and other related activities, provided that such cooperation is based 
on mutual consent. 

Article 4 
Bilateral and regional cooperation 

1. For each sector of  dialogue  and  cooperation under  this  Agreement, and  while giving due 
emphasis  to  matters  under  bilateral  cooperation,  the  Parties  agree  to  carry  out  the  related 
activities at either bilateral or regional level or through a combination of both frameworks. In 
choosing  the  appropriate  framework,  the  Parties  will  seek  to  maximise  the  impact  on  and 
reinforce  the  involvement  of  all  interested  parties,  while  making  the  best  possible  use  of 
available resources, taking account of the political and institutional feasibility, and ensuring 
coherence  with  other  activities  involving  the  Union  and  ASEAN.  Cooperation  may,  as 
appropriate, include support for ASEAN integration and community building.  

2. The Parties may, as appropriate, decide to extend financial support to cooperation activities 
in the areas covered by the agreement or in relation to it, in accordance with their respective 
financial  procedures  and  resources.  This  cooperation  may  in  particular  support  the 
implementation  of  Vietnam’s  socioeconomic  reforms,  and  may  include  capacity-building 
measures  such  as  organisation  of  training  schemes,  workshops  and  seminars,  exchanges  of 
experts,  studies,  and  other  actions  agreed  by  the  Parties  in accordance  with  donor 
development assistance strategies.  

TITLE II 

DEVELOPMENT COOPERATION 

Article 5  
General principles 

1.  The  central  objectives  of  development  cooperation  are  to  achieve  the  Millennium 
Development  Goals  as  well  as  poverty  eradication,  sustainable  development  and  integration 
into  the  world  economy.  The  objectives  of  development  cooperation  shall  take  account  of 
Vietnam’s  socio-economic  development  strategies  and  programmes.  The  Parties  recognise 
that  development  cooperation  between  them  is  key  to  addressing  Vietnam's  development 
challenges.  

2.  The  Parties  agree  to  promote  cooperation  activities  in  accordance  with  their  respective 
procedures and resources. 

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Article 6  
Aims of Cooperation  

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The development cooperation strategies of the Parties shall aim at, inter alia: 

(a) 

(b) 

(c) 

achieving sustained economic growth; 

promoting human and social development; 

promoting institutional reforms and development;  

promoting  environmental  sustainability,  regeneration  and  best  practices,  and  the 

(d) 
preservation of natural resources; 

(e) 

preventing and tackling the consequences of climate change; 

supporting policies and instruments aimed at the progressive integration into the world 

(f) 
economy and trade. 

Article 7 
Forms of cooperation 

1. For each sector of cooperation under this Title, the Parties agree to carry out activities at 
bilateral  or  regional  level  or  through  a  combination  of  both,  including  through  tripartite 
cooperation. 

2. The forms of cooperation between the Parties may include: 

development  and  technical  assistance  to  the  programs  and  projects  as  agreed  by  the 

(a) 
Parties; 

capacity  building  through  training  courses,  workshops  and  seminars,  exchange  of 

(b) 
experts, studies, and joint research between the Parties; 

(c) 

(d) 

consideration of other forms of development financing as appropriate;  

exchange of information on best practices of aid effectiveness. 

TITLE III 

PEACE AND SECURITY 

Article 8  
Countering the proliferation of weapons of mass destruction  
and their means of delivery 

1. The Parties consider that the proliferation of weapons of mass destruction and their means 
of  delivery,  both  to  state  and  non-state  actors,  represents  one  of  the  most  serious  threats  to 
international stability and security, while reaffirming the Parties’ legitimate rights to research, 
develop,  use,  trade  and  transfer  biological,  chemical  and  nuclear  technology  and  related 
materials for peaceful purposes in accordance with the treaties and conventions to which they 
are  parties.  The  Parties  therefore  agree  to  cooperate  and  to  contribute  to  countering  the 
proliferation  of  weapons  of  mass  destruction  and  their  means  of  delivery  through  full 
compliance  with  and  national  implementation  of  their  respective  existing  obligations  under 
international  disarmament  and  non-proliferation  treaties  and  agreements  and  relevant 
international  obligations  which  are  applicable  to  the  Parties.  The  Parties  agree  that  this 
provision constitutes an essential element of the Agreement. 

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2.  The  Parties  furthermore  agree  to  cooperate  in  and  to  contribute  to  countering  the 
proliferation of weapons of mass destruction and their means of delivery by: 

taking steps to sign, ratify, or accede to, as appropriate, all other relevant international 

(a) 
treaties and agreements, and to fully implement their respective obligations; 

(b) 
establishing, with due regard to each Party's capacity, an effective system of national 
export controls, controlling the export and transit of WMD-related goods, including a WMD 
end-use  control  on  dual  use  technologies  and  containing  effective  sanctions  for  breaches  of 
export controls in line with UNSC Resolution 1540 without affecting normal and legal import 
and export activities and financial transactions. This may include the provision of assistance, 
including capacity building. 

3. The Parties agree to pursue a regular political dialogue that will accompany and consolidate 
these elements. 

Article 9 
Cooperation on combating illicit trade in  
Small arms and light weapons (SALW) in all its aspects 

1. The Parties recognise that the illicit manufacture, transfer and circulation of small arms and 
light  weapons,  in  all  its  aspects,  including  their  excessive  accumulation,  and  uncontrolled 
spread continue to pose a serious threat to peace and international security, while reaffirming 
the  legitimate  rights  of  the  Parties  to  manufacture,  import  and  retain  small  arms  and  light 
weapons for their self-defence and security needs. In this regard, the Parties recall the relevant 
contents of UNGA Resolutions 64/50 and 64/51. 

2. The Parties agree to observe and fully implement their respective obligations to deal with 
the illicit trade in small arms and light weapons, in all its aspects, under existing international 
agreements to which the Parties are contracting parties and UN Security Council resolutions, 
as well as their commitments within the framework of other relevant international instruments 
applicable in this area, such as the UN Programme of Action to prevent, combat and eradicate 
the illicit trade in SALW in all its aspects. 

3.  The  Parties  undertake  to  establish  a  dialogue,  as  appropriate,  in  order  to  exchange  views 
and information and develop a common understanding of the issues and problems related to 
illicit  trade  in  small  arms  and  light  weapons,  and  to  strengthen  the  ability  of  the  Parties  to 
prevent, combat and eradicate such trade. 

Article 10 

Cooperation in combating terrorism 

The Parties reaffirm the importance of the fight against terrorism in full respect for the law, 
including the UN Charter, human rights law, refugee law and international humanitarian law. 
Within  this  framework  and,  in  accordance  with  the  UN  Global  Counter-Terrorism  Strategy, 
contained  in  UNGA  Resolution  no  60/288  of  8  September  2006,  the  joint  EU-ASEAN 
declaration  of  28  January  2003  on  co-operation  to  combat  terrorism,  the  Parties  agree  to 
strengthen cooperation in the prevention and suppression of terrorism. 

The Parties shall do so in particular: 

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(a) 
in  the  framework  of  the  full  implementation  of  UNSC  Resolution  1373  and  other 
relevant  UN  resolutions,  and  taking  steps  to  ratify  and  fully  implement  international 
conventions and instruments on fighting and preventing terrorism; 

by  establishing  under  the  Joint  Committee  regular  consultations  on  cooperation  on 

(b) 
countering and preventing terrorism; 

(c) 
by  exchange  of  information  on  terrorist  groups  and  their  support  networks  in 
accordance  with  international  and  national  law  and,  subject  to  the  Parties’  programmes  and 
instruments,  by  providing  support  for  capacity  building  in  countering  and  preventing 
terrorism; 

(d) 
by  exchanges  of  views  on  means  and  methods  used  to  counter  terrorism  and 
incitement  of  terrorist  acts,  including  in  technical  fields  and  training,  and  by  exchange  of 
experiences in respect of terrorism prevention; 
(e) 
by  cooperating  so  as  to  deepen  the  international  consensus  on  the  fight  against 
terrorism  and  its  normative  framework  and  by  working  towards  an  agreement  on  the 
Comprehensive  Convention  on  International  Terrorism  as  soon  as  possible  so  as  to 
complement the existing UN counter-terrorism instruments; 
(f) 
UN Global Counter-Terrorism Strategy; 

by  promoting  co-operation  among  UN  Member  States  to  effectively  implement  the 

by  exchange  of  best  practices  in  the  area  of  protection  of  human  rights  in  the  fight 

(g) 
against terrorism. 

Article 11 

Legal cooperation 

1. The Parties agree to cooperate on legal matters, the strengthening of the rule of law and of 
institutions at all levels in the areas of administration of justice and law enforcement. 

2. The Parties agree to cooperate on the enhancement of the judicial capacity and legal system 
in such areas as civil law, civil procedural law, criminal law and criminal procedural law, as 
well as to engage in an exchange of information concerning legal systems and legislation.  

3. The Parties also agree to cooperate in the field of international criminal justice. The Parties 
consider that the most serious crimes of concern to the international community must not go 
unpunished and that their effective prosecution must be ensured by taking relevant measures 
at the appropriate level.  

4. The Parties consider that the International Criminal Court is a progressive and independent 
institution  operating  for  the  purpose  of  international  peace  and  justice.  The  Parties  agree  to 
cooperate  with  a  view  to  strengthening  the  legal  framework  aimed  at  preventing  and 
punishing the most serious crimes of concern to the international community and to consider 
the  possibility  of  adherence  to  the  Rome  Statute.  The  Parties  agree  that  dialogue  and 
cooperation on this matter would be beneficial. 

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TITLE IV 

COOPERATION ON TRADE AND INVESTMENT ISSUES  

Article 12  
General principles 

1. The Parties shall engage in a dialogue on bilateral and multilateral trade and trade-related 
issues  with  a  view  to  strengthening  bilateral  trade  relations  and  advancing  the  multilateral 
trade system.  

2. The Parties undertake to promote the development and diversification of their commercial 
exchanges to the highest possible level and to their mutual benefit. They undertake to achieve 
enhanced  and  predictable  market  access  conditions  by  working  towards  the  elimination  of 
barriers to trade, in particular through the timely removal of non-tariff barriers and restrictions 
to trade, and by taking measures to improve transparency, having regard to the work carried 
out by international organisations in this field of which both Parties are members. 

3.  Recognising  that  trade  plays  an  indispensable  role  in  development,  and  that  trade 
preferences schemes, including the Generalised System of Preferences (GSP), and the special 
and  differential  treatment  as  specified  by  WTO  have  proven  beneficial  to  developing 
countries,  the  Parties  shall  endeavour  to  strengthen  consultations  on  their  effective 
implementation.  

4.  The  Parties  shall  take  into  consideration  their  respective  levels  of  development  for  the 
implementation of this Title. 

5. The Parties shall keep each other informed concerning the development of trade and trade-
related  policies  such  as  agricultural  policy,  food  safety  policy,  consumer  policy  and 
environmental policy.  

6. The Parties shall encourage dialogue and cooperation to develop their trade and investment 
relations,  including  the  solution  of  commercial  problems  and  the  provision  of  technical 
assistance  and  capacity  building  programmes  to  address  trade  issues  in,  inter  alia,  the  areas 
referred to under this Title. 

7.  With  a  view  to  unleashing  their  potentials  and  utilising  their  economic  complementarity, 
the Parties endeavour to explore and seek more opportunities and solutions to strengthen their 
trade and investment relations, including, where appropriate,  negotiation of free trade and other 
agreements of mutual interest. 

Article 13 
Trade Development 

1.  The  Parties  undertake  to  develop,  diversify  and  increase  trade  between  them  and  to 
improve  the  competitiveness  of  their  products  on  domestic,  regional  and  international 
markets.  Cooperation  between  the  Parties  towards  this  end  shall  aim  at  in  particular 
strengthening capacity building in areas such as trade development strategies, optimisation of 
the potential for trade, including GSP preferences, competitiveness, promotion of technology 
transfer  between  enterprises,  transparency  of  policies,  laws  and  regulations,  market 
information, institutional development as well as regional networking. 

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2.  The  Parties  shall  make  full  use  of  the  Aid  for  Trade  and  other  supplementary  assistance 
programmes for the purposes of enhancement of trade and investment between them. 

Article 14  
Sanitary and Phytosanitary and Animal welfare issues 

1.  The  Parties  reaffirm  their  existing  rights  and  obligations  under  the  WTO  Agreement  on 
Sanitary and Phytosanitary measures (SPS). 

2.  The  Parties  shall  strengthen  cooperation  and  exchange  information  on  legislation, 
implementation, certification, inspection and surveillance procedures on SPS in trade between 
the  Parties  within  the  framework  of  the  WTO  Agreement  on  Sanitary  and  Phytosanitary 
measures,  the  International  Plant  Protection  Convention  (IPPC),  the  Office  International  des 
Epizooties (OIE) and the CODEX Alimentarius. 

3. The Parties further agree to cooperate on SPS matters and to promote cooperation in this 
field between the Parties, through capacity building and technical assistance, which shall be 
specific to the needs of each Party and aimed at assisting them to comply with each others’ 
legal  framework  including  food  safety,  plant  and  animal  health  and  the  use  of  international 
standards. 

4. The Parties agree to cooperate on animal welfare as necessary, including technical assistance 
and capacity building for the development of animal welfare standards. 

5. The Parties shall designate contact points for communication on issues under this Article. 

Article 15 
Technical Barriers to Trade 

1.  The  Parties  shall  promote  the  use  of  international  standards  and  cooperate  and  exchange 
information  on  standards,  technical  regulations,  and  conformity  assessment  procedures, 
especially within the framework of the WTO Agreement on Technical Barriers to Trade (TBT). 

2.  The  Parties  endeavour  to  exchange  information  from  early  stages  of  formulating  new 
legislation  in  the  TBT  field.  To  this  end,  the  Parties  shall  encourage  any  measures  aiming  at 
bridging  the  gaps  between  them  in  the  area  of  conformity  assessment  and  standardisation  and 
improving the convergence and compatibility between the respective systems of the Parties in this 
area. The Parties agree to exchange views on, and to explore the possibility to apply third party 
certification with a view to facilitate the flows of trade between them. 

3. Cooperation in technical barriers to trade shall be undertaken, inter alia, through dialogue in 
appropriate  channels,  joint  projects,  technical  assistance  and  capacity-building  programs.  The 
Parties shall designate, when necessary, contact points for communication on issues under this 
Article. 

Article 16 
Cooperation on Customs matters and Trade Facilitation 

1. The Parties shall: 

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share  experience  and  best  practices  in  and  examine  possibilities  for  simplifying 

(a) 
import, export and other customs procedures; 

(b) 

ensure the transparency of customs and trade facilitation regulations;  

develop  cooperation  on  customs  matters,  and  effective  mutual  administrative 

(c) 
assistance mechanisms; 

seek  convergence  of  views  and  joint  action  in  the  context  of  relevant  international 

(d) 
initiatives including trade facilitation. 

2. The Parties will pay special attention to, inter alia, 

(a) 

increasing the security and safety dimension of international trade; 

ensuring  a  more  effective  and  efficient  customs  enforcement  of  intellectual  property 

(b) 
rights;  

ensuring a balanced approach between trade facilitation and the fight against fraud and 

(c) 
irregularities. 

3.  Without  prejudice  to  other  forms  of  cooperation,  provided  for  under  this  Agreement,  the 
Parties state their interest in considering, in the future, the conclusion of protocols on customs 
cooperation  and  mutual  administrative  assistance,  within  the  institutional  framework  laid 
down in this Agreement. 

4.  The  Parties  shall  endeavour  to  mobilise  technical  assistance  resources  to  support  the 
implementation of cooperation on customs matters and of trade facilitation regulations under 
this Agreement. 

Article 17 
Investment 

The  Parties  shall  encourage  a  greater  flow  of  investment  through  the  development  of  an 
attractive  and  stable  environment  for  investment  through  a  consistent  dialogue  aimed  at 
enhancing  understanding  and  cooperation  on  investment  issues,  exploring  administrative 
mechanisms to facilitate investment flows, and promoting stable, transparent, open rules and a 
level playing field for the Parties’ investors. 

Article 18  
Competition policy 

1. The Parties shall maintain competition laws and authorities. They will apply these laws in 
an effective, non-discriminatory and transparent way in order to foster legal certainty in their 
respective territories. 

2. To this end, the Parties may engage in capacity building and other cooperation activities in 
the  development  and  implementation  of  competition  laws  and  regulations,  subject  to  the 
availability of funding under the Parties’ cooperation instruments and programmes. 

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Article 19 
Services 

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The  Parties  shall  establish  a  regular  dialogue  notably  aimed  at  exchanging  information  on 
their  respective  regulatory  environments  with  a  view  to  identify  best  practices,  promoting 
access to each other’s markets, including e-commerce, promoting access to sources of capital 
and technology and promoting trade in services between both regions and in third countries’ 
markets. 

Article 20 
Protection of Intellectual Property Rights 

1.  The  Parties  reaffirm  the  great  importance  they  attach  to  the  protection  of  intellectual 
property rights (IPR) and the full implementation of international commitments on protection 
of IPR, with a view to ensuring adequate and effective protection of such rights, in accordance 
with the relevant international standards/agreements, such as the Agreement on Trade-related 
Aspects  of  Intellectual  Property  Rights  (TRIPS)  and  the  International  Convention  for  the 
Protection of New Varieties of Plants (UPOV), including effective means of enforcement. 

2.  The  Parties  agree  to  enhance  cooperation  on  intellectual  property  protection  and 
enforcement,  including  on  appropriate  means  to  facilitate  protection  and  registration  of  the 
other  party's  geographical  indications  in  their  respective  territories,  taking  into  account 
international rules, practices and developments in this area and their respective capacity. 

3.  The  cooperation  shall  be  implemented  in  the  forms  agreed  by  the  Parties,  including  to 
exchange  information  and  experiences  on  issues  such  as  the  practice,  promotion, 
dissemination,  streamlining,  management,  harmonisation,  protection,  enforcement  and 
effective application of intellectual property rights, the prevention of abuses of such rights, the 
fight  against  counterfeiting  and  piracy,  including,  inter  alia,  the  establishment  and 
strengthening of organisations for the control and protection of such rights. 

Article 21 
Enhanced Participation of Economic Actors 

1.  The  Parties  shall  encourage  and  facilitate  the  operation  of  Chambers  of  Commerce  and 
Industry as well as cooperation among professional associations of the Parties with a view to 
promoting trade and investment in areas of interest to both Parties. 

2. The  Parties  shall  encourage  a  dialogue  between  their  respective  regulatory  bodies  and 
private  sector actors  with  a  view  to  discussing  recent  developments  in  the  trade  and 
investment  environment,  exploring development  needs  of  the  private  sector  and  exchanging 
views on policy frameworks for strengthening corporate competitiveness. 

Article 22 
Consultations  

With a view to ensuring security and predictability in their bilateral trade relationship, the Parties 
agree to consult expeditiously and as quickly as possible upon request by a Party concerning any 
matters of difference which may arise in connection with trade or trade related matters under this 
Title. 

TITLE V 

COOPERATION IN THE AREA OF JUSTICE 

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Article 23 
Combating organised crime 

The Parties agree to cooperate combating organised, economic and financial crime as well as 
corruption.  Such  cooperation  aims  in  particular  at  implementing  and  promoting  relevant 
international  standards  and  instruments,  such  as  the  UN  Convention  against  Transnational 
Organised Crime and its supplementing Protocols and the UN Convention against Corruption, 
where applicable.  

Article 24 
Cooperation in combating money laundering and terrorism financing 

1. The Parties agree on the need to work towards and to cooperate on preventing the risk that 
their  financial  systems  are  abused  and  to  launder  the  proceeds  of  all  serious  criminal 
activities, as recommended by the Financial Action Task Force (FATF).  

2. Both Parties agree to promote training and technical assistance aimed at the development 
and  implementation  of  regulations  and  the  efficient  functioning  of  mechanisms  to  combat 
money  laundering  and  terrorism  financing.  In  particular,  cooperation  shall  allow  for 
exchanges of relevant information between the competent authorities of the Parties within the 
framework  of  their  respective  legislation  on  the  basis  of  appropriate  standards  to  combat 
money  laundering  and  the  financing  of  terrorism  equivalent  to  those  adopted  by  the  Parties 
and  the  international  bodies  active  in  this  area,  such  as  the  Financial  Action  Task  Force 
(FATF). 

Article 25 
Cooperation against illicit drugs 

1.  The  Parties  shall  cooperate  to  ensure  a  comprehensive  and  balanced  approach  through 
effective  action  and  coordination  between  the  competent  authorities  including  from  the  law 
enforcement, customs, health, justice and interior sectors and other relevant sectors, with the 
aim of reducing the supply (including illicit cultivation of opium poppies and production of 
synthetic  drugs)  and  trafficking  of,  and  demand  for,  illicit  drugs  as  well  as  their  impact  on 
drug users and society at large and to achieve more effective precursors control.  

2. The Parties shall agree on means of cooperation to attain these objectives. Actions shall be 
based on commonly agreed principles along the lines of the relevant international conventions 
to which they are parties, the Political Declaration, the Declaration on the guiding principles 
of drug demand reduction and Measures to Enhance International Cooperation to Counter the 
World  Drug  Problem,  adopted  by  the  Twentieth  United  Nations  General  Assembly  Special 
Session on Drugs in June 1998 and the Political Declaration and Plan of Action adopted at the 
52nd session of the United Nations Commission on Narcotic Drugs in March 2009. 

3. The cooperation between the Parties shall comprise technical and administrative assistance 
in particular in the following areas: drafting of national legislation and policies; establishment 
of  national  institutions  and  information  and  monitoring  centres;  training  of  personnel;  drug 
related  research;  efforts  to  reduce  the  demand  for,  and  the  harm  from,  drugs;  judicial  and 
police cooperation, and effective precursors control as it relates to the illicit manufacture of 
narcotic drugs and psychotropic substances. The Parties may agree to include other areas. 

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Article 26 
Protection of personal data  

1. The Parties agree to cooperate in order to improve the level of protection of personal data 
to the highest international standards, as appropriate, such as those contained in international 
instruments, in so far as they apply to the Parties. 

2. Cooperation on protection of personal data may include, inter alia, technical assistance in 
the form of exchange of information and expertise. 

TITLE VI 

 SOCIOECONOMIC DEVELEOPMENT AND  
OTHER AREAS OF COOPERATION 

Article 27 
Cooperation on Migration 

1.  The  Parties  reaffirm  the  importance  of  joint  efforts  to  manage  migratory  flows  between 
their  territories.  With  a  view  to  strengthening  cooperation,  the  Parties  shall  establish  a 
comprehensive dialogue on all migration-related issues. Migration concerns shall be included 
in the national strategies for economic and social development of countries of origin, transit 
and destination of migrants.  

2. Cooperation between the Parties shall be based on a specific needs-assessment conducted 
in  mutual  consultation  between  the  Parties  and  be  implemented  in  accordance  with  the 
relevant Union and national legislation in force. Cooperation will focus, inter alia, on:  

(a) 

addressing the root causes of migration; 

engaging  in  a  comprehensive  dialogue  on  legal  migration,  aiming  at,  as  mutually 

(b) 
agreed, the setting up of mechanisms for promoting legal migration opportunities; 

(c) 
exchanging experiences and practices regarding the adherence and implementation of 
the provisions of the United Nations Geneva Convention of 1951 on the Status of Refugees 
and  of  the  Protocol  of  1967,  especially  the  principles  of  “non  refoulement”  and  “voluntary 
repatriation”; 

(d) 
admission rules, as well as the rights and status of persons admitted, fair treatment and 
integration  of  lawfully  residing  non-nationals,  education  and  training,  measures  against 
racism and xenophobia; 

(e) 
the  establishment  of  an  effective  and  preventive  policy  against  illegal  immigration, 
smuggling of migrants and trafficking in human beings, including ways to combat networks 
of smugglers and traffickers and protect the victims of such trafficking;  

(f) 
the  return,  under  humane  and  dignified  conditions  of  persons  residing  illegally 
including  the  promotion  of  their  voluntary  return,  and  the  readmission  of  such  persons  in 
accordance with paragraph 3; 

issues identified as being of mutual interest in the field of visas and security of travel 

(g) 
documents; 

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(h) 

issues identified as being of mutual interest in the field of border controls; 

(i) 

technical and human capacity building. 

3.  Within  the  framework  of  the  cooperation  to  prevent  and  control  illegal  immigration  and 
without  prejudice  to  the  need  for  protection  of  victims  of  human  trafficking,  the  Parties 
further agree that: 

(a) 
once Vietnamese nationality of a person to be readmitted has been established by the 
competent authorities of Vietnam in accordance with national legislations or relevant existing 
agreements,  Vietnam  shall  readmit  any  of  its  national  illegally  present  on  the  territory  of  a 
Member  State,  upon  request  by  the  competent  authorities  of  the  latter  and  without  undue 
delay; 

(b) 
once  nationality  of  a  person  to  be  readmitted  has  been  established  by  the  competent 
authorities of the Member State concerned in accordance with national legislations or relevant 
existing agreements, each Member State shall readmit any of its national illegally present on 
the  territory  of  Vietnam,  upon  request  by  competent  authorities  of  the  latter  and  without 
undue delay. 

The  Parties  will  provide  their  nationals  with  appropriate  identity  documents  for  such 
purposes. When the person to be readmitted does not possess any documents or other proofs 
of his or her nationality, the competent authorities of the Member State concerned or Vietnam 
shall,  upon  request  by  Vietnam  or  the  Member  State  concerned,  make  arrangements  to 
interview the person in order to establish his or her nationality. 

4. Subject to their respective laws and procedures, the Parties will enhance their cooperation 
on the readmission issues, aiming at, upon request by either Party, and as mutually agreed, the 
negotiation of an agreement between the EU and Vietnam on readmission of their respective 
citizens. 

Article 28 
Education and Training 

1. The Parties agree to promote cooperation in education and training that duly respects their 
diversity  in  order  to  strengthen  mutual  understanding  and  agree  to  raise  awareness  about 
education opportunities in Vietnam and in the EU. 

2. The Parties shall furthermore place emphasis on measures designed to create links between 
their  respective  higher  education  institutions  and  specialist  agencies  and  to  encourage 
exchanges  of  information,  know-how,  students,  experts  and  technical  resources,  taking 
advantage  of  the  facilities  offered  by  Union  programmes  in  Southeast  Asia  in  the  area  of 
education and training as well as the experience that both Parties have acquired in this area. 

3.  Both  sides  also  agree  to  promote  the  implementation  of  relevant  programmes  for  higher 
education  such  as  the  Erasmus  Mundus  programme  and  conference  interpreter  training 
programmes and to encourage educational institutions in the EU and Vietnam to cooperate in 
joint degree and research programmes with a view to encouraging academic cooperation and 
mobility. 

4.  The  Parties  further  agree  to  start  a  dialogue  on  matters  of  mutual  interest  relating  to  the 
modernisation of higher education and technical and vocational training system, which could 

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notably  include  measures  for  technical  assistance,  aimed  at,  inter  alia,  improving  the 
qualification framework and quality assurance. 

Article 29  
Health 

1.  The  Parties  agree  to  cooperate  in  the  health  sector  with  a  view  to  improving  health 
conditions and social welfare, in particular strengthening the health system, including health 
care and health insurance. 

2. Cooperation shall take place mainly on: 

programmes aiming at strengthening the health sector, including the improvement of 

(a) 
health systems, health services and health conditions as well as social welfare; 

(b) 
joint  activities  on  epidemiology,  including  collaboration  in  the  early  prevention  and 
control  of  epidemics  such  as  avian  and  pandemic  influenza  and  other  major  communicable 
diseases;  

international  agreements  in  health,  in  particular  the  Framework  Convention  on 

(c) 
Tobacco Control and the International Health Regulations; 

food  safety  standards,  including  automatic  control  network  for  food  imports,  as 

(d) 
covered by Article 14; 

exchange  of  information,  experience  on  pharmaceutical  and  medical  equipment 

(e) 
policies and regulations, as mutually agreed. 

prevention  and  control  of  non-communicable  diseases 

(f) 
through  exchange  of 
information  and  good  practices,  promoting  healthy  lifestyle,  addressing  major  health 
determinants as well as surveillance and management of these diseases. 

3.  The  Parties  recognise  the  importance  of  further  modernisation  of  the  health  sector  and 
agree to strengthen capacity building and technical assistance in the health sector. 

Article 30  
Environment and natural resources 

1.  The  Parties  agree  on  the  need  to  conserve  and  manage  in  a  sustainable  manner  natural 
resources  and  biological  diversity  as  a  basis  for  the  development  of  current  and  future 
generations.  

2.  The  Parties  agree  that  cooperation  in  this  area  shall  promote  the  conservation  and 
improvement of the environment in pursuit of sustainable development. The outcome of the 
World  Summit  on  Sustainable  Development  shall  be  taken  into  account  in  all  activities 
undertaken by the Parties under this Agreement. 

3.  The  Parties  agree  to  cooperate  with  a  view  to  enhancing  the  mutual  supportiveness  of 
environmental policies and the integration of environmental considerations into all sectors of 
cooperation. 

4. The Parties undertake to continue and strengthen their cooperation specifically as regards: 

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(a) 
promoting the active participation of the Parties in the implementation of multilateral 
environment  agreements  to  which  they  are  parties,  including  the  Basel  Convention,  the 
Stockholm Convention and the Rotterdam Convention;  

(b)  promoting  environmental  awareness  and  enhance 
including 
participation  of  indigenous  and  local  communities  in  environmental  protection  and 
sustainable development efforts; 

local  participation, 

(c)  promoting  and  deploying  environmental  technologies,  products  and  services,  including 
through the use of regulatory and market-based instruments; 

preventing illegal transboundary movements of waste, including hazardous waste and 

(d) 
ozone depleting substances;  

(e) 
improving  ambient  air  quality,  environmentally  sound  management  of  waste, 
chemicals  safety,  sustainable  integrated  water  resource  management  and  promoting 
sustainable consumption and production;  

(f) 
sustainable  development  and  protection  of  forests,  including  the  promotion  of 
sustainable forest management, forest certification, measures to combat illegal logging and its 
associated  trade,  and  the  integration  of  forestry  development  into  local  community 
development; 

(g) 
effective  management  of  national  parks  and  recognition  and  conservation  of 
biodiversity  areas  and  vulnerable  ecosystems,  with  due  regards  for  local  and  indigenous 
communities living in or near these areas; 

protection and preservation of coastal and marine environment promoting the efficient 

(h) 
management of marine resources in order to achieve a sustainable marine development; 

(i) protection of soil, preservation of soil functions and sustainable land management; 

(j) 
enhancing land management capacity, transparent land economics and sound operation 
of  the  real  estate  market  based  on  the  principle  of  Sustainable  Land  Management  and 
equitable  rights  for  stakeholders,  in  order  to  ensure  both  effective  use  and  environmental 
protection for sustainable development. 

5.  To  these  ends,  the  Parties  shall  aim  at  strengthening  cooperation,  through  bilateral  and 
multilateral  frameworks,  including  technical  assistance  programs  with  a  view  to  promoting 
the  development,  transfer  and  utilisation  of  environment-friendly  technologies,  as  well  as 
initiatives and partnership arrangements based on the principle of mutual benefit for an early 
realisation of the Millennium Development Goals. 

Article 31  
Cooperation on Climate Change 

The  Parties  agree  to  cooperate  to  accelerate  the  fight  against  climate  change  and  its 
1. 
impact on environmental degradation and poverty, promote policies to help mitigate climate 
change and adapt to the negative effects of climate change, especially the rise of sea level, and 
to set their economies on sustainable low-carbon growth paths.  

2. 

The objectives of the cooperation shall be:  

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(a) 
to  combat  climate  change,  with  the  overall  goal  of  a  transition  to  low-carbon 
economies  that  are  safe  and  sustainable,  through  concrete  mitigation  actions  in  accordance 
with  the  principles  of  the  United  Nations  Framework  Convention  on  Climate  Change 
(UNFCCC); 

to  improve  the  energy  performances  of  their  economies,  by  promoting  energy 
(b) 
efficiency, energy conservation, and the use of safe and sustainable renewable energy, and to 
move  to  climate-friendly  generation  that  contributes  to  laying  the  foundation  for  a  green 
energy revolution; 

(c) 
to  promote  Sustainable  Consumption  and  Production  (SCP)  patterns  in  their 
economies,  contributing  to  minimising  pressures  on  the  eco-systems,  including  soils  and 
climate; 

(d) 
to  adapt  to  the  inevitable  and  adverse  impact  of  climate  change,  including  the 
integration  of  adaptation  measures  into  the  Parties'  growth  and  development  strategies  and 
planning in all sectors and at all levels. 

3. 

In order to achieve the objectives laid out in paragraph 2, the Parties shall: 

(a) 

intensify policy dialogue and cooperation at the technical level; 

promote  cooperation  on  Research  and  Development  (R&D)  activities  and  low-

(b) 
emission technologies; 

strengthen  cooperation  on  nationally  appropriate  mitigation  actions,  low  carbon 
(c) 
growth plans,  national programmes for  adaptation to climate change and on Disasters Risks 
Reduction;  

enhance  capacity  building  and  strengthen  institutions  to  address  climate  change 

(d) 
challenges; 

(e) 
promote  awareness  raising,  especially  for  the  most  vulnerable  populations  and  those 
living in vulnerable areas, and facilitate the participation of local communities in response to 
climate change. 

Article 32 
Agriculture, Forestry, Livestock, Fisheries and Rural development 

1.  The  Parties  agree  to  enhance  cooperation,  including  through  strengthened  dialogue  and 
exchange of experience, in agriculture, forestry, livestock, fisheries and rural development, in 
particular in the following areas: 

(a) 

agricultural policy and international agricultural outlook in general; 

facilitation of trade between the Parties in plants and animals and their products, and 

(b) 
market development and promotion;  

(c) 

development policy in rural areas; 

(d) 
quality  policy  for  plants,  animals  and  aquatic  products,  and  in  particular  Protected 
Geographical  Indications  and  organic  production;  marketing  of  quality  products,  notably 
organic and geographical indication products (labelling, certification and control); 

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(e) 

animal welfare; 

development  of  sustainable  and  environmentally-friendly  agriculture  and  on  the 

(f) 
transfer of bio-technologies; 

supporting sustainable and responsible long-term marine and fisheries policy including 

(g) 
conservation and management of coastal and marine resources; 

(h) 
promoting  efforts  to  prevent  and  combat  illegal,  unreported  and  unregulated  fishing 
practices and illegal logging and trade in forestry products through Forest Law Enforcement, 
Governance and Trade (FLEGT) and Volunteer Partnership Agreement (VPA); 

heredity  research,  variety  selection  of  animals  and  plants,  including  high-quality 

(i) 
livestock improvement, and research on feed and nutrition for terrestrial and aquatic animals; 

mitigation of negative effects of climate change on agricultural production and poverty 

(j) 
reduction in remote and rural areas; 

supporting  and  promoting  sustainable  forest  management,  including  climate  change 

(k) 
adaptation and mitigation of negative effects. 

2.  The  Parties  agree  to  examine  possibilities  for  technical  assistance  in  plant  and  animal 
productions,  including  but  not  limited  to improvement of  animal  and plant productivity and 
product  quality  and  further  agree  to  consider  capacity  building  programs  aimed  at  building 
managerial capability in this field. 

Article 33 
Cooperation Related to Gender Equality 

1.  The  Parties  shall  cooperate  in  strengthening  gender-related  policies  and  programmes,  as 
well as institutional and administrative capacity building and supporting the implementation 
of  national  strategies  on  gender  equality,  including  women’s  rights  and  empowerment,  in 
order  to  ensure  the  equitable  participation  of  men  and  women  in  all  sectors  of  economic, 
cultural,  political  and  social  life.  In  particular,  the  cooperation  shall  focus  on  improving 
women’s access to necessary resources for the full exercise of their fundamental rights. 

2. The Parties shall promote the creation of an adequate framework to: 

Ensure that gender-related issues are duly incorporated into all development strategies, 

(a) 
policies and programs; 

Exchange  experiences  and  models  in  promoting  gender  equality,  and  promote  the 

(b) 
adoption of positive measures in favour of women. 

Article 34 
Cooperation on addressing Remnants of war 

The  Parties  recognise  the  importance  of  cooperation  in  the  clearance  of  mines,  bombs  and 
other  unexploded  ordnances  and  observing  international  treaties  to  which  they  are  parties, 
taking  into  account  other  relevant  international  instruments.  The  Parties  therefore  agree  to 
cooperate through: 

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(a) 
experience sharing and dialogue, management capacity enhancement, and training of 
experts, researchers, and specialised experts, including capacity building assistance subject to 
their domestic procedures to address the issues noted above; 

communication  and  education  on  the  prevention  of  accidents  caused  by  bombs  and 

(b) 
mines, rehabilitation and community reintegration for the victims of bombs and mines.  

Article 35 
Cooperation on Human Rights 

1. The Parties agree to cooperate in the promotion and protection of human rights, including 
with regard to the implementation of international human rights instruments to which they are 
parties. Technical assistance will be provided to this end. 

2. Such cooperation may include, inter alia:  

(a) 

(b) 

(c) 

human rights promotion and education; 

strengthening of human rights-related institutions; 

strengthening the existing human rights dialogue; 

strengthening of cooperation within the human rights-related institutions of the United 

(d) 
Nations. 

Article 36 
Reform of Public Administration 

The  Parties,  based  upon  specific  needs-assessment  conducted  through  mutual  consultation, 
agree to cooperate with a view to restructuring and improving the effectiveness of their public 
administration, inter alia:  

(a) 

improving organisational efficiency, including decentralisation; 

(b) 

increasing institutions’ effectiveness in service delivery; 

improving  the  management  of  public  finance  and  accountability  in  accordance  with 

(c) 
the Parties’ respective laws and regulations; 

(d) 

improving the legal and institutional framework; 

building  capacities  for  policy  design  and  implementation  (public  service  delivery, 

(e) 
budget composition and execution, anti-corruption); 

(f) 

(g) 

(h) 

building capacity of law enforcement mechanisms and agencies; 

reforming the public service, agencies and administrative procedures; 

capacity building for modernisation of the public administration.  

Article 37 
Associations and non-governmental organisations 

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1.  The  Parties  recognise  the  role  and  potential  contribution  of  associations  and  non-
governmental  organisations,  including  the  social  partners,  in  the  cooperation  process  under 
this agreement.  

2. In accordance  with democratic principles and legal and administrative provisions of each 
Party, organised associations and non-governmental organisations may: 

(a) 

participate in the policy-making process; 

be  informed  of  and  participate  in  consultations  on  development  and  cooperation 
(b) 
strategies and sectoral policies, particularly in areas concerning them, including all stages of 
the development process; 

receive  financial  resources,  insofar  as  the  internal  rules  of  each  Party  so  allow,  and 

(c) 
capacity building support in critical areas; 

participate in the implementation of cooperation programmes in the areas that concern 

(d) 
them. 

Article 38 
Culture 

1.  The  Parties  agree  to  promote  multi-faceted  cultural  cooperation  that  duly  respects  their 
diversity  in  order  to  increase  mutual  understanding  and  the  knowledge  of  their  respective 
cultures.  

2.  The  Parties  endeavour  to  take  appropriate  measures  to  promote  cultural  exchanges  and 
carry  out  joint  initiatives  in  various  cultural  spheres  including  cooperation  in  heritage 
conservation  with  respect  to  cultural  diversity.  In  this  regard,  the  Parties  agree  to  continue 
cooperating  within  the  framework  of  the  Asia-Europe-Meeting  (ASEM)  supporting  the 
activities  of  the  Asia-Europe  Foundation  (ASEF).  To  this  end,  the  Parties  shall  support  and 
promote long-term partnership and cooperation activities between their cultural institutions.  

3.  The  Parties  agree  to  consult  and  cooperate  in  relevant  international  fora,  such  as  the 
UNESCO, in order to pursue common objectives and promote cultural diversity as well as the 
protection of cultural heritage. In this regard, the Parties agree to promote the ratification and 
strengthen cooperation in the implementation of the UNESCO Convention on the Protection 
and  Promotion  of  the  Diversity  of  Cultural  Expressions,  which  was  adopted  on  20  October 
2005, placing emphasis on policy dialogue, integrating culture into sustainable development 
and poverty reduction with a view to fostering the emergence of a dynamic cultural sector by 
facilitating  the  development  of  cultural  industries.  The  Parties  shall  continue  efforts  to 
encourage other states to ratify this Convention. 

Article 39  
Scientific and technological cooperation 

1. The Parties agree to strengthen scientific and technological cooperation in areas of mutual 
interest,  including,  inter  alia,  industry,  energy,  transport,  environment,  in  particular  climate 
change  and  natural  resources  management  (e.g.  fishery,  forestry  and  rural  development), 
agriculture and food security, biotechnologies, and human and animal health, taking account 
of their respective policies and cooperation programmes. 

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2. The aims of such cooperation shall be, inter alia, to:  

encourage  exchanges  of  scientific  and  technological  information  and  know-how, 

(a) 
including on the implementation of policies and programs; 

promote enduring relations and research partnerships between scientific communities, 

(b) 
research centres, universities and industries;  

(c) 

promote human resources training in science and technology;  

strengthen  the  application  of  scientific  and  technological  research  for  promoting 

(d) 
sustainable development and improving the quality of life. 

3. Cooperation shall take the following forms:  

(a) 

joint research and development projects and programs; 

exchange  of  information,  knowledge  and  experience  through  joint  organisation  of 

(b) 
scientific seminars and workshops, meetings, symposia and conferences;  

(c) 
training  and  exchange  of  scientists,  junior  researchers  through  international  mobility 
schemes and exchange programs, providing for the maximum dissemination of the results of 
research, learning and best practices; 

(d) 

other forms as mutually agreed upon by the Parties. 

4.  In  this  cooperation,  the  Parties  shall  favour  the  participation  of  their  respective  higher 
education  institutions,  research  centres  and  productive  sectors,  in  particular  small  and 
medium-sized  enterprises.  The  cooperation  activities  should  be  based  on  the  principles  of 
reciprocity,  fair  treatment  and  mutual  benefits,  and  ensure  an  adequate  protection  of 
intellectual property. 

5. Specific priorities of cooperation shall be accorded to the following areas, inter alia: 

promotion and facilitation of access to designated research facilities for exchange and 

(a) 
training of researchers;  

encourage  the  integration  of  research  and  development  in  investment  and  official 

(b) 
development assistance programs/projects. 

5. The Parties shall endeavor to mobilise financial sources to support the implementation of 
scientific and technological cooperation activities under this agreement within their capacities. 

6. The Parties agree to make all efforts to increase public awareness about possibilities offered 
by their respective programmes for science and technology cooperation. 

Article 40 
Cooperation on Information and Communication Technologies 

1. Recognising that information and communication technologies (ICT) are key elements of 
modern life and of vital importance to economic and social development, the Parties agree to 
exchange views on the respective policies in this field with a view to promoting economic and 
social development. 

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2. Cooperation in this area shall, inter alia, focus on: 

(a) 

(b) 

facilitate dialogue on different aspects of ICT development; 

ICT capacity building including human resource development; 

interconnection and interoperability of the Parties’ and Southeast Asian networks and 

(c) 
services; 

(d) 

standardisation and dissemination of new ICT; 

promotion of research and development (R&D) cooperation between the Parties in the 

(e) 
area of ICT; 

(f) 

security issues/aspects of ICT as well as fighting cyber crime;  

(g) 

conformity assessment of telecommunications, including radio equipment; 

cooperation and sharing experiences and best practices on introduction of information 

(h) 
technology to the whole society and public administration; 

facilitate cooperation between their relevant institutions and agents in areas of audio-

(i) 
visual and media sectors; 

encouraging  further  cooperation  between  the  Parties’  ICT  enterprises  including 

(j) 
technology transfer. 

Article 41 
Transport  

1. The Parties agree to further reinforce their cooperation in relevant areas of transport policy 
with a view to enhancing and expanding investment opportunities, improving the movement 
of  goods  and  passengers,  promoting  maritime  and  aviation  safety  and  security,  more 
particularly  search  and  rescue,  combating  piracy,  and  broader  regulatory  convergence, 
reducing environmental impacts of transport, and increasing the efficiency of their transport 
systems. 

2. Cooperation between the Parties in this area shall aim to promote: 

(a) 
exchanges  of  information  on  their  respective  transport  policies  and  practices, 
especially  regarding  urban,  rural,  maritime  and  air  transport,  urban  transport  planning, 
transport logistics, public transport development and the interconnection and interoperability 
of multimodal transport networks; 

exchange of information on the European global satellite navigation system (Galileo) 
(b) 
by using appropriate bilateral instruments, with a focus on regulatory, industrial and market 
development issues of mutual interest; 

joint  actions  in  the  field  of  air  transport  services  through,  inter  alia,  the 
(c) 
implementation of existing agreements, to  examine possibilities for the further development 
of relations as well as technical and regulatory cooperation  in  areas such as aviation  safety, 
aviation  security,  air  traffic  management  with  a  view  to  supporting  regulatory  convergence 
and removal of obstacles to doing business. On this basis, the Parties will explore the possible 
scope for enhanced cooperation in the area of civil aviation; 

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(d) 
a dialogue in the field of maritime transport services aiming at unrestricted access to 
the  international  maritime  markets  and  trades  on  a  commercial  basis,  commitments  for  the 
phasing out of existing cargo reservation schemes, abstention from introducing cargo sharing 
clauses,  establishment  within  maritime  transport  services  including  auxiliary  services, 
national treatment and MFN clauses regarding access for auxiliary services and port services 
for vessels operated by nationals or companies of the other Party and issues related to door-to-
door transport services; 

(e) 
the implementation of security, safety and pollution prevention  standards, notably as 
regards  maritime  and  air  transport,  in  line  with  the  relevant  international  conventions, 
including  cooperation  in  the  appropriate  international  fora  aiming  to  ensure  better 
enforcement  of  international  regulations.  To  this  end,  the  Parties  will  promote  technical 
cooperation and assistance on issues related to transport safety, including inter alia search and 
rescue, investigation into casualties and accidents. 

Article 42 
Energy 

1. The Parties agree to enhance cooperation in the energy sector with a view to: 

(a) 
diversifying  energy  supplies  in  order  to  improve  energy  security,  and  develop  new 
innovative  and  renewable  forms  of  energy,  including,  inter  alia,  sustainable  biofuels  and 
biomass  in  conformity  with  country  specific  conditions,  wind  and  solar  energy  as  well  as 
hydro power generation and supporting the development of appropriate policy frameworks to 
create favourable conditions for investment and a level playing field for renewable energy and 
the integration into relevant policy areas; 

achieving  rational  use  of  energy  with  contributions  from  both  supply  and  demand 
(b) 
sides  by  promoting  energy  efficiency  in  energy  production,  transportation,  distribution  and 
end-use;  

(c) 

fostering the transfer of technology aimed at sustainable energy production and use; 

enhancing  capacity-building  and  facilitation  of  investment  in  the  field  based  on 

(d) 
transparent and non-discriminatory commercial rules; 

addressing  the  links  between  affordable  access  to  energy  services  and  sustainable 

(e) 
development. 

2. To these ends, the Parties agree to promote contacts and joint research as well as to enhance 
technical assistance and capacity building projects through appropriate regional fora on clean 
production and environmental protection to the mutual benefit of the Parties. Both sides will 
explore  further  possibilities  for  enhanced  cooperation  in  nuclear  safety  and  security  within 
their existing legal framework and policies. 

Article 43 
Tourism 

1. Guided by the World Tourism Organization’s Global Code of Ethics for Tourism, and by 
the sustainability principles based on the “Local Agenda 21 process”, the Parties shall aim to 
improve the exchange of information and establish best practice in order to ensure a balanced 
and sustainable development of tourism. 

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2. The Parties agree to develop cooperation on, inter alia: 

(a) 

safeguarding and maximising the potential of natural and cultural heritage; 

(b)  mitigating the negative impacts of tourism; 

enhancing  the  positive  contribution  of  the  tourism  business  to  the  sustainable 
(c) 
development  of  local  communities,  inter  alia,  by  developing  eco-tourism  and  cultural 
tourism, while respecting the integrity and interests of local and indigenous communities; 

technical  assistance  and  capacity-building,  including  training  programs  for  policy 

(d) 
makers and tourism managers;  

encouraging  the  tourism  industry  including  tour  operators  and  travel  agents  of  both 

(e) 
Parties to further develop bilateral cooperation including training. 

Article 44 
Industrial policy and SME cooperation 

The  Parties,  taking  into  account  their  respective  economic  policies  and  objectives,  agree  to 
promote industrial policy cooperation in all fields deemed suitable, with a view to improving 
the competitiveness of small and medium-sized enterprises, inter alia through: 

exchanging  information  and  experiences  on  creating  the  legal  framework  and  other 

(a) 
conditions for small and medium-sized enterprises to improve their competitiveness; 

(b) 
promoting  contacts  and  exchanges  between  economic  operators,  encouraging  joint 
investments  and  establishing  joint  ventures  and  information  networks  notably  through 
existing  Union  horizontal  programmes,  stimulating  in  particular  transfers  of  soft  and  hard 
technology between partners, including new and advanced technologies; 

(c) 
providing  information  and  stimulating  innovation  and  exchanging  good  practices  on 
access  to  finance  and  market,  including  auditing  and  accounting  services  particularly  for 
micro- and small enterprises; 

facilitating and supporting the relevant activities established by the private sectors and 

(d) 
business associations of the Parties; 

(e) 
promoting  corporate  social  responsibility  and  accountability  and  encouraging 
responsible  business  practices,  including  sustainable  consumption  and  production.  This 
cooperation shall be complemented by a consumer perspective such as on product information 
and the consumer’s role in the market; 

(f) 
conducting joint research projects, technical assistance and cooperation on standards, 
technical  regulations  and  conformity  assessment  procedures  in  selected  industrial  areas,  as 
mutually agreed. 

Article 45 
Economic policy dialogue 

The Parties agree to cooperate on promoting the exchange of information on their respective 
economic  trends  and  policies,  and  the  sharing  of  experiences  with  the  coordination  of 
economic  policies  in  the  context  of  regional  economic  cooperation  and  integration  through 

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existing  bilateral  and  multilateral  mechanisms  in  areas  of  mutual  interest,  including  the 
sharing of information on the process of reform and equitization of state-owned enterprises in 
conformity with the Parties’ laws and regulations. 

Article 46 
Cooperation on Taxation 

1. With a view to strengthening and developing economic activities while taking into account 
the  need  to  develop  appropriate  regulatory  and  administrative  frameworks,  the  Parties  are 
committed  to  good  governance  in  the  tax  area  and  will  implement  the  principles  of 
transparency and  exchange  of  information within the framework  of bilateral tax agreements 
between  Vietnam  and  EU  Member  States.  The  Parties  further  agree  to  strengthen  their 
exchange  of  experience,  dialogue  and  cooperation  to  fight  against  tax  evasion  and  other 
harmful tax practices.  

2. The Parties agree to strengthen cooperation in the tax area with a view to enhancing their 
regulatory  and  administrative  capacity  through,  inter  alia,  exchange  of  experience  and 
technical assistance.  

3.  The  Parties  will  encourage  the  effective  implementation  of  bilateral  tax  agreements 
between  Vietnam  and  EU  Member  States  and  support  the  consideration  of  new  such 
agreements in the future.  

Article 47 
Cooperation on Financial services 

The Parties agree to hold a dialogue notably aimed at exchanging information and experiences 
on  their  respective  regulatory  environments,  and  strengthen  cooperation  with  a  view  to 
improving accounting, auditing, supervisory and regulatory systems of banking, insurance and 
other parts of the financial sector including through capacity-building programmes in areas of 
mutual interest. 

Article 48 
 Cooperation on Natural disaster prevention and mitigation 

1. The Parties agree to cooperate in preventing and responding effectively to natural disasters 
to minimise the losses of life, property, natural resources, environment and cultural heritage 
and  to  mainstream  disaster  risk  reduction  in all sectors and areas of intervention at national 
and local level. 

2. On that basis, the Parties agree: 

to share information on monitoring, assessing, forecasting and providing early warning 

(a) 
on natural disasters; 

to  enhance  capacity  through  sharing  of  experience,  best  practices  in  natural  disaster 

(b) 
prevention and mitigation; 

to  support  each  other  in  technology,  specialised  equipment  and  materials  needed  for 

(c) 
disaster management and emergency response; 

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to  enhance  dialogue  between  the  Parties’  authorities  in  charge  of  natural  disaster 

(d) 
management and emergency response to support and strengthen cooperation in this area. 

Article 49 
Urban and regional planning and development 

1.  Recognising  the  important  role  of  urban  and  regional  planning  and  development  in  the 
pursuit of economic growth, poverty reduction and sustainable development, the Parties agree 
to promote cooperation and partnership in this field. 

2.  Cooperation  in  urban  and  regional  planning  and  development  may  take  the  following 
forms: 

exchange of experience in addressing issues related to sustainable urban and regional 

(a) 
planning and development, including, inter alia: 

- policies dealing with urban planning and related infrastructure, regional planning and urban 
expansion, conservation and development of historic townships; 

-  establishment  of  urban  networks  with  the  participation  of  central  and  local  management 
including  municipalities,  associations  and  NGOs  agencies,  contractors  and  professional 
associations; 

-  management  of  architecture,  planning  and  urban  space  expansion  with  the  employment  of 
Geographic Information System (GIS) tools; 

-  planning  and  development  of  urban  centres  and  city  centres  renewal  and  urban 
environmental planning;  

- urban-rural relations; 

- development of urban technical infrastructure, including rehabilitation and improvement of 
urban  water  supply  systems,  construction  of  sewerage  and  solid  waste  treatment  systems, 
protection of the environment and urban landscape; 

support in training and capacity building for central, regional and local level managers 

(b) 
in regional and urban planning, architecture management and architectural heritage; 

(c) 
cooperation in the framework of relevant international organisations such as the UN-
HABITAT and the World Urban Forum through joint research programmes and organisation 
of  workshops  and  seminars  to  exchange  information  and  experience  in  urban  planning  and 
development,  including  urban  expansion,  urban  design,  land  development  and  technical 
infrastructure development. 

3.  The  Parties  agree  to  enhance  cooperation,  share  experience  and  information  among  their 
regional  and  urban  authorities  to  solve  complex  urban  problems  by  promoting  sustainable 
development. 

Article 50 
Labour, Employment and social affairs 

1.  The  Parties  agree  to  enhance  cooperation  in  the  field  of  labour,  employment  and social 
affairs, including cooperation on labour, regional and social cohesion, health and safety at the 

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workplace,  gender  equality,  lifelong  skills  development,  human  resource  development, 
international  migration  and  decent  work,  social  security  with  a  view  to  strengthening  the 
social dimension of globalisation.  

2. The Parties reaffirm the need to support the process of globalisation which is beneficial to 
all  and  to  promote  full  and  productive  employment  and  decent  work  as  a  key  element  of 
sustainable  development  and  poverty  reduction,  as  endorsed  by  the  UNGA  no  60/1  of  24 
October 2005 and the Ministerial Declaration of the high level segment of the UN Economic 
and  Social  Council  of  July  2006  (UN  Economic  and  Social  Council  E/2006/L.8  of  5  July 
2006).  Cooperation  between  the  two  Parties  shall  be  compatible  and  take  into  account  the 
respective characteristics and diverse nature of the economic and social situations.  

3.  The  Parties  reaffirm  their  commitments  to  respect,  promote  and  realise  internationally 
recognised  labour  standards,  as  laid  down  in  ILO  conventions  to  which  they  are  parties 
referred to in the 1998 ILO Declaration on Fundamental Rights and Principles at Work. The 
Parties  agree  to  cooperate  and  provide  technical  assistance  with  a  view  to  promote  the 
ratification  of  internationally  recognised  labour  standards  as  appropriate  and  effectively 
implement labour standards ratified by the Parties. 

4.  Subject  to  laws,  conditions  and  procedures  applicable  in  the  host  country  and  relevant 
international treaties and conventions to which they are parties, the Parties shall aim to ensure 
that the treatment accorded to nationals of the other Party, legally employed in the territory of 
the host country shall be free from any discrimination based on nationality, as regards, inter 
alia, working conditions, remuneration or dismissal as compared to the conditions applied to 
other third country nationals. 

5.  The  forms  of  cooperation  may  include,  inter  alia,  specific  programs  and  projects,  as 
mutually  agreed,  as  well  as  capacity  building,  policy  exchange  and  initiatives  on  topics  of 
common interest at bilateral or multilateral level, such as ASEM, EU-ASEAN and the ILO. 

Article 51 
Statistics 

1.  The  Parties  agree  to  promote  cooperation  in  harmonising  and  developing  statistical 
methods including statistical collecting, processing, analysing, and disseminating.  

2.  To  this  end,  the  Parties  agree  to  strengthen  cooperation,  including  through  regional  and 
international fora, by capacity building and other technical assistance projects, including inter 
alia  the  provision  of  modern  statistical  software,  with  a  view  to  enhancing  the  quality  of 
statistics. 

TITLE VII 

INSTITUTIONAL FRAMEWORK 

Article 52 
Joint Committee 

1.  The  Parties  agree  to  establish  under  this  Agreement  a  Joint  Committee,  composed  of 
representatives of both sides at the highest possible level, whose tasks shall be to: 

(a) 

ensure the proper functioning and implementation of this Agreement; 

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(b) 

set priorities in relation to the aims of this Agreement; 

monitor  the  development  of  the  comprehensive  relationship  between  the  Parties  and 

(c) 
make recommendations for promoting the objectives of this Agreement; 

request, as appropriate, information from committees or other bodies established under 

(d) 
other agreements between the Parties and consider any reports submitted by them;  

exchange opinions and make suggestions on any issue of common interest, including 

(e) 
future actions and the resources available to carry them out;  

f) 

resolve differences arising from the application or interpretation of this Agreement; 

examine  all  the  information  presented  by  a  Party  regarding  the  fulfilment  of 
g) 
obligations and hold consultations with the other Party to seek a solution acceptable to both 
Parties in accordance with Article 57. 

2. The Joint Committee shall normally meet annually in Hanoi and Brussels alternately, on a 
date  to  be  fixed  by  mutual  agreement.  Extraordinary  meetings  of  the  Joint  Committee  may 
also  be  convened  by  agreement  between  the  Parties.  The  Joint  Committee  shall  be  chaired 
alternately  by  each  of  the  Parties.  The  agenda  for  meetings  of  the  Joint  Committee  shall  be 
determined by agreement between the Parties. 

3. The Joint Committee shall set up Sub-committees and specialised working groups in order 
to  assist  it  in  the  performance  of  its  tasks.  These  Sub-committees  and  working  groups  shall 
make detailed reports of their activities to the Joint Committee at each of its meetings. 

4. The Parties agree that it shall also be the task of the Joint Committee to ensure the proper 
functioning of any sectoral agreement or protocol concluded or to be concluded between the 
Parties. 

5. The Joint Committee shall adopt its own rules of procedure. 

TITLE VIII  

FINAL PROVISIONS 

Article 53 
Resources for cooperation 

1. The Parties agree to make available the appropriate resources, including financial means, 
insofar as their respective resources and regulations allow, in  order to  fulfil the cooperation 
objectives set out in this Agreement. 

2.  The  Parties  shall  encourage  the  European  Investment  Bank  to  continue  its  operations  in 
Vietnam, in accordance with its procedures and financing criteria. 

Article 54 
Future developments clause 

1. The Parties may by mutual consent expand this Agreement with a view to enhancing the 
level of cooperation, including through supplementing it by means of agreements or protocols 
on  specific  sectors  or  activities.  Such  specific  agreements  shall  be  an  integral  part  of  the 

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overall  bilateral  relations  as  governed  by  this  Agreement  and  shall  form  part  of  a  common 
institutional framework. 

2.  With  regards  to  the  implementation  of  this  Agreement,  either  of  the  Parties  may  put 
forward suggestions for widening the scope of cooperation, taking into account the experience 
gained in its application.  

Article 55 
Other agreements 

1. Without prejudice to the relevant provisions of the Treaty establishing the European Union 
and the Treaty on the Functioning of the European Union, neither this Agreement nor action 
taken  hereunder  shall  affect  the  powers  of  the  Member  States  to  undertake  bilateral 
cooperation  activities  with  Vietnam  or  to  conclude,  where  appropriate,  new  partnership  and 
cooperation agreements with Vietnam. 

2.  This  Agreement  shall  not  affect  the  application  or  implementation  of  commitments 
undertaken by the respective Parties in relations with third parties. 

3. Existing agreements relating to specific areas of cooperation falling within the scope of this 
Agreement  shall  be  considered  part  of  the  overall  bilateral  relations  as  governed  by  this 
Agreement and as forming part of a common institutional framework.  

Article 56 
Application and interpretation of the Agreement 

1.  Each  Party  may  refer  to  the  Joint  Committee  any  divergence  in  the  application  or 
interpretation of this Agreement.  

2. The Joint Committee may settle the issue by means of a recommendation. 

Article 57 
Fulfilment of obligations 

1. The Parties shall take any general or specific measures required to fulfil their obligations 
under this Agreement and shall ensure that they comply with the objectives and purposes laid 
down in this Agreement.  

2. If either Party considers that the other Party has failed to fulfil any of its obligations under 
this Agreement it may take appropriate measures.  

3. Before doing so, except in cases of a material breach of the Agreement, it shall present to 
the Joint Committee all the relevant information required for a thorough examination of the 
situation with a view to seeking a solution acceptable to the Parties.  

4. The Parties agree that for the purpose of the correct interpretation and practical application 
of  this  Agreement,  the  term  “appropriate  measures”  in  Article  57  (2)  are  measures  taken  in 
accordance  with  international  law  and  which  are  proportionate  to  the  failure  to  implement 
obligations under this Agreement. In the selection of these measures, priority must be given to 
those which least disturb the functioning of this Agreement. These measures shall be notified 

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immediately  to  the  other  Party  and  shall  be  the  subject  of  consultations  within  the  Joint 
Committee if the other Party so requests. 

Article 58 
Facilities 

To  facilitate  cooperation  in  the  framework  of  this  Agreement,  both  Parties  agree  to  grant 
necessary  facilities  to  officials  and  experts  involved  in  implementing  cooperation  for  the 
performance  of  their  functions,  in  accordance  with  internal  rules  and  regulations  of  both 
Parties.  

The Declarations to this Agreement shall form an integral part of this Agreement. 

Article 59 
Declarations  

Article 60 
Territorial application 

This  Agreement  shall  apply  to  the  territory  in  which  the  Treaty  establishing  the  European 
Union is applied under the conditions laid down in that Treaty, on the one hand, and to the 
territory of the Socialist Republic of Vietnam, on the other. 

Article 61 
Definition of the Parties 

For the purposes of this Agreement, ‘the Parties’ shall mean the Union or its Member States 
or the Union and its Member States, in accordance with their respective powers, on the one 
hand, and the Socialist Republic of Vietnam, on the other. 

Article 62 
National security and disclosure of information 

Nothing in this Agreement shall be construed to require any Party to provide any information, 
the disclosure of which it considers contrary to its essential security interests. 

Article 63 
Entry into force and duration 

1. This Agreement shall enter into force on the first day of the month following the date on 
which the last Party has notified the other of the completion of the legal procedures necessary 
for this purpose. 

2. This Agreement is valid for a period of five years. It shall be automatically extended for 
further successive periods of one year, unless either Party notifies the other Party in writing of 
its intention not to extend this Agreement six months prior to the end of any subsequent one-
year period. 

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3. Any amendments of this Agreement shall be made by agreement between the Parties. Any 
amendments  shall  become  effective  only  after  the  latter  Party  has  notified  the  other  that  all 
necessary formalities have been completed. 

4. This Agreement may be terminated by either Party by written notice of denunciation given 
to the other Party. The termination shall take effect six months after receipt of notification by 
the other Party. 

Article 64 
Notifications 

Notifications made in accordance with Article 63 shall be made to the Secretary-General of 
the  Council  of  the  European  Union  and  the  Ministry  of  Foreign  Affairs  of  Vietnam, 
respectively. 

Article 65 
Authentic text 

This Agreement is done in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, 
French,  German,  Greek,  Hungarian,  Irish,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish, 
Portuguese,  Romanian,  Slovak,  Slovene,  Spanish,  Swedish  and  Vietnamese  languages,  each 
of these texts being equally authentic. 

Done  in  duplicate  at  …………………  [place]  on  this  ……………………………..  day  of 
[month] in the year Two Thousand …. 

The European Union  The Socialist Republic of Vietnam 

The Kingdom of Belgium 

The Republic of Bulgaria 

The Czech Republic 

The Kingdom of Denmark 

The Federal Republic of Germany 

The Republic of Estonia 

The Hellenic Republic 

The Kingdom of Spain 

The French Republic 

Ireland 

The Italian Republic 

The Republic of Cyprus 

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The Republic of Latvia 

The Republic of Lithuania 

The Grand Duchy of Luxemburg 

The Republic of Hungary 

Malta 

The Kingdom of the Netherlands 

The Republic of Austria 

The Republic of Poland 

The Portuguese Republic 

Romania 

The Republic of Slovenia 

The Slovak Republic 

The Republic of Finland 

The Kingdom of Sweden 

The United Kingdom of Great Britain and Northern Ireland 

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Joint Declaration on Market Economy Status 

ANNEX 

The Parties shall enhance cooperation on moving towards the early recognition of Vietnam's 
market economy status as soon as possible, subject to the relevant procedures.  

Unilateral Declaration by the European Union on the Generalised System of Preferences 
(GSP) 

The European Union recognises the significant importance of the GSP to trade development 
and  shall  further  cooperate  through,  inter  alia,  dialogue,  exchanges  and  capacity  building 
activities, with a view to ensuring optimal use of the scheme by Vietnam in accordance with 
the relevant procedures of the Parties and evolving EU trade policy. 

Joint  Declaration  on  Article  24  (Cooperation  in  combating  money  laundering  and 
terrorism financing) 

The  Parties  agree  that  the  Joint  Committee  will  establish  a  list  of  the  competent  authorities 
responsible for the exchange of relevant information under this article. 

Joint Declaration on Article 57 (Fulfilment of obligations) 

The  Parties  agree,  for  the  purposes  of  the  correct  interpretation  and  practical  application  of 
this  Agreement,  that  the  term  “material  breach  of  the  Agreement”  in  Article  57  (3),  in  line 
with  Article  60  (3)  of  the  Vienna  Convention  on  the  Law  of  Treaties  of  1969  ('Vienna 
Convention'), consists in: 

(a) 

repudiation of the agreement not sanctioned by the Vienna Convention; or 

violation of an essential element of the Agreement, as described in Article 1(1) and (2) 

(b) 
and Article 8. 

In cases of a material breach of the Agreement, the measure shall be notified immediately to 
the  other  Party.  At  the  request  of  the  other  Party,  the  Joint  Committee  shall  hold  urgent 
consultations within a period of up to 30 days for a thorough examination of any aspect of, or 
the basis for, the measure with a view to seeking a solution acceptable to the Parties. 

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