Source: EURLEX
Language: en
Format: md

17 . 1 . 96 LUD Official Journal of the European Communities No C 12 / 5

COOPERATION AGREEMENT

between the European Community and the Socialist Republic of Vietnam

THE COUNCIL OF THE EUROPEAN UNION,

of the one part,

THE GOVERNMENT OF VIETNAM,

of the other part,

hereafter referred to as ' the Parties ',

WELCOMING the increase in trade and cooperation which have taken place since the normalization of
relations in November 1990 between the European Community on the one hand, hereinafter referred to as
' the Community ', and the Socialist Republic of Vietnam on the other, hereinafter referred to as ' Vietnam ';

RECOGNIZING the importance of further strengthening the links and enhancing the relations between
the Community and Vietnam ;

REAFFIRMING the importance which the Community and Vietnam attach to the respect for human
rights and democratic principles and the principles of the United Nations Charter and the respect for
national independence and sovereignty ;

RECOGNIZING the steps taken by Vietnam to normalize its relations with all partners, both regional and
international and underlining those measures of cooperation which could assist the process of regional
cooperation ;

RECOGNIZING the responsibility of all States in accordance with basic international principles and
practices to accept back those of its citizens who have left their country for one reason or another ;

HAVING REGARD to the important new opportunities for trade in textiles and clothing through bilateral
contractual rights and obligations between the Community and Vietnam ;

INSPIRED by their common will to consolidate, deepen and diversify their relations in areas of mutual
interest on the basis of equality, non-discrimination, mutual benefit and reciprocity ;

RECOGNIZING the positive consequences of the ongoing process of economic reform in Vietnam to
secure the transition to a market economy and the commitment to continue with this process ;

DESIROUS of creating favourable conditions for a substantial development and diversification of trade
between the Community and Vietnam ;

HAVING REGARD to uphold the principles and practices which promote free and unhindered two-way
trade in a stable, transparent and non-discriminatory manner, taking into account the different economic
conditions of each Party ;

HAVING REGARD to the need to create favourable conditions for direct investment ;

HAVING REGARD to the need to support Vietnam in efforts to achieve sustainable economic devel ­
opment and to improve the living conditions of the poorer sections of the population ;

CONSIDERING the importance attached by the Community and Vietnam to the protection of the
environment on a global and at a local level and to the sustainable use of natural resources, and recog ­
nizing the linkage between the environment and development ;

HAVE DECIDED, as Parties, to conclude this Agreement and to this end have designated as their pleni ­
potentiaries :

THE COUNCIL OF THE EUROPEAN UNION ;

THE GOVERNMENT OF VIETNAM ;

WHO, having exchanged their full powers, found in good and due form ;

HAVE AGREED AS FOLLOWS :

No C 12 / 6 lEN ! Official Journal of the European Communities 17 . 1 . 96

Article 1

Basis

Respect for human rights and democratic principles is
the basis for the cooperation between the Parties and for
the provisions of this Agreement, and it constitutes an
essential element of the Agreement .

Article 2

Objectives

The principal objectives of this Agreement are :

1 . To secure the conditions and to promote the increase

and development of two-way trade and investment
between the two Parties in their mutual interest taking
into account their respective economic situations .

2 . To support the sustainable economic development of

Vietnam, and the improvement of the living
conditions of the poorer sections of the population .

3 . To enhance economic cooperation in the mutual
interest, including support to the Government of
Vietnam's ongoing efforts to restructure its economy

and to move towards a market economy .

2 . The Parties within the current framework of their

respective laws and regulations, are committed to a
policy for improving the terms of access for their
products to each other's markets . In this context, they
shall grant each other the most favourable conditions for
imports and exports and they agree to examine ways and
means of eliminating barriers to trade between them,
notably non-tariff barriers, taking account of their
different systems and the work already done in this
connection by international organizations .

3 . The provisions of paragraphs 1 and 2 shall not limit
the right of either Party to apply measures which are
necessary for the protection of its essential security
interests or for the protection of public health or morals
and the protection of environment and animal or plant
life or health . In respect of the latter such measures shall
not constitute a means of arbitrary or unjustifiable
discrimination or a disguised restriction on trade .

4 . The Parties agree to promote the exchange of
information concerning mutually beneficial market
opportunities and to hold consultations in a constructive
spirit on the issues of tariff, non-tariff, services, health,
safety or environmental measures, and technical
requirements . Training programmes should take place in
these fields as part of economic cooperation between the
two Parties .

4 . To support environmental protection and the
sustainable management of natural resources . 5 . The Parties agree to improve cooperation in
customs matters between the respective authorities,
especially with regard to the possibility of professional
training, the simplification and harmonization of customs
Article 3 procedures, and the prevention, investigation and
suppression of infractions of customs regulations .

Most-favoured-nation treatment

The Community and Vietnam shall grant each other

most-favoured-nation treatment in their trade in
conformity with the provisions of the General Agreement
on Tariffs and Trade ( GATT ) 1994 .

The provisions of this Article shall not apply to pref ­
erences accorded by either Party under an arrangement
establishing a customs union, a free trade area or an area
of preferential treatment .

Article 4

Tråde and commercial coopération

1 . The Parties undertake to develop and diversify
their commercial exchanges and to improve market
access to the highest possible degree in a manner taking
into account their respective economic situations .

6 . The Parties agree to consult each other on any
dispute which may arise in connection with trade or
trade-related matters .

Article 5

Investments

The Parties shall encourage an increase in mutually

benficial investment by establishing a favourable climate
for private investments including better conditions for
the transfer of capital and exchange of information on
investment opportunities . In particular the Parties will,
where appropriate, support agreements on the promotion
and protection of investments between the Member
States of the European Union and Vietnam on the basis
of the principles of non-discrimination and reciprocity .

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Article 6

Intellectual property rights

1 . In so far as their competencies, regulations and
policies permit, the Parties will :

( a ) aim to improve the conditions for adequate and

effective protection and reinforcement of intellectual,
industrial and commercial property rights in
conformity with the highest international standards ;

( b ) cooperate to secure these objectives, including,
where appropriate, through the means of technical
assistance .

2 . The Parties agree that they shall avoid discrimi ­
natory treatment in relation to intellectual property
rights and to engage, if necessary, in consultations if
problems affecting trade relations arise .

Article 8

Science and technology

The Parties shall, in accordance with their mutual
interest and the aims of their strategy in this area,
promote scientific and technological cooperation
including in such practical areas as standards and quality
control with a view to :

( a ) fostering the transfer of know-how, technology and

disseminating information and expertise ;

( b ) opening up opportunities for future economic,
industrial and trade cooperation .

Article 9

Article 7 Development coopération

Economie coopération 1 . The Community recognizes Vietnam's need for
development assistance and is prepared to enhance its

1 . The Parties undertake, in their mutual interests and cooperation by providing such assistance through specific
in accordance with their respective policies and projects and programmes in accordance with the
objectives, to foster economic cooperation of the widest priorities set out in Council Regulation EEC No 443 / 92
possible scope in order to contribute to the expansion of in order to contribute to Vietnam's own efforts and
their respective economies and their developmental strategies to achieve sustainable economic development
needs . and the social progress of its people .

2 . The Parties agree that economic cooperation shall
involve three broad fields of action :

( a ) improving the economic environment in Vietnam by

facilitating access to Community know-how and
technology ;

( b ) facilitating contacts between economic operators and

other measures designed to promote commercial
exchanges and direct investments ;

( c ) reinforcing mutual understanding of their respective

economic and social environment as a basis for

effective cooperation .

3 . In the broad fields described above, the aims shall
be in particular :

( a ) to assist Vietnam in its continued efforts to achieve

successfully the transition to a market economy and
thus to improve the economic environment and
business climate ;

( b ) to encourage cooperation between their respective

economic sectors, particularly between private

sectors .

4 . The Parties, within the limits of their financial
means and of their respective procedures, will determine
together and to their mutual advantage the areas and
priorities for economic cooperation programmes and
activities .

2 . Projects and programmes will be targeted towards
the poorer sections of the population, including those
areas receiving returning citizens and towards social and
economic infrastructure development . Particular
attention will be given to balanced agricultural devel ­
opment with participation of the groups to be targeted .
Cooperation in this area will also cover the promotion of
employment in rural towns, and of the role of women in
development, with appropriate emphasis on their
education and family welfare .

3 . Particular attention will be paid to actions to
enhance regional economic integration within Vietnam .

4 . The development cooperation will concentrate on
mutually agreed priorities and will pursue project and
programme efficiency and sustainability .

Article 10

Regional coopération

1 . The cooperation between the Parties in this field
may with their mutual agreement extend to actions
undertaken within the context of cooperation with other
countries in the South-East Asia region and shall not
prejudice the right of each Party to conduct cooperation
with other partners in the region .

No C 12 / 8 I EN 1 Official Journal of the European Communities 17 . 1 . 96

2 . Particular attention will be paid to :

( a ) promotion of intraregional tråde ;

( b ) support for regional projects and initiatives ;

( c ) studies promoting regional links and communi ­
cations .

Article 11

Environmental coopération

1 . The Parties recognize the need to take full account
of environmental protection as an integral part of
economic and development cooperation . Moreover, they
underline the importance of environmental issues and
sustainable development and assert their will to establish
cooperation in protecting and improving the
environment with particular emphasis on water, soil and
air pollution, erosion, deforestation and sustainable
management of natural resources, taking into account
the work done in international forums .

2 . Particular attention will be paid to :

( a ) the protection and conservation of natural forests

and their sustainable management ;

( b ) the importance of the energy / environment linkage ;

( c ) the finding of practical solutions to rural energy

problems ;

( d ) the protection of the urban environment ;

( e ) the prevention of industrial pollution ;

( f ) the protection of the marine environment and its

ecological systems ;

( g ) the increase of management capacity of the central

and local environmental agencies .

Article 12

Information and communication

The Parties will cooperate in the fields of information

and communication to create better mutual under ­
standing and to strengthen the ties between the two
regions .

Article 13

Drug abuse control

1 . The Parties affirm their resolve, in conformity with
their respective competencies, to increase the efficiency
of policies and measures to prevent the production and
distribution of all kinds of drugs, narcotics and psycho ­

tropic substances, as well as preventing and reducing
drug abuse, taking into account work done in this
connection by international bodies .

2 . Cooperation between the Parties shall comprise the
following :

( a ) training, education, health promotion and rehabili ­

tation of addicts, including projects for the reinte ­
gration of addicts into work and social
environments ;

( b ) measures to encourage alternative economic oppor ­

tunities ;

( c ) technical, financial and administrative assistance in

the monitoring of precursors trade, prevention,
treatment and reduction of drug abuse ;

( d ) technical assistance in and training for the prevention

of money laundering ;

( e ) exchange of relevant information .

Article 14

Joint Commission

1 . The Parties agree to establish a Joint Commission
whose tasks are to :

( a ) ensure the proper functioning and implementation of

the Agreement and the dialogue between the two
Parties ;

( b ) make suitable recommendations for promoting the

objectives of the Agreement ;

( c ) establish priorities in relation to the possible actions

necessary to achieve the aims of the Agreement .

2 . The Joint Commission shall be composed of
representatives of both sides, at the senior official level .
The Joint Commission shall normally meet every other
year, alternately in Brusells and in Hanoi, on a date

fixed by mutual agreement . Extraordinary meetings may
also be convened by agreement between the Parties .

3 . The Joint Commission may set up specialized
subgroups to assist in the performance of its tasks and to
coordinate the formulation and implementation of
projects and programmes within the framework of the
Agreement .

4 . The agenda for meetings of the Joint Commission
shall be determined by agreement between the Parties .

# 17 . 1 . 96 [ EN ] Official Journal of the European Communities No C 12 / 9

5 . The Parties agree that it shall also be the task of
the Joint Commission to ensure the proper functioning
of any sectoral agreements concluded or which may be
concluded between the Community and Vietnam .

6 . The organizational structures and operational regu ­
lations of the Joint Commission will be determined and
agreed upon by the two Parties .

Article 15

Future developments

1 . The Parties may, by mutual consent, improve this
Agreement in order to enhance the level of cooperation

and add to it by means of agreements on specific sectors
or activities .

2 . Within the framework of this Agreement, either of
the Parties may put forward suggestions for expanding
the scope of the cooperation, taking into account the
experience gained in its application .

Article 16

Other Agreements

Without prejudice to the relevant provisions of the
Treaties establishing the European Communities, neither
this Agreement nor any action taken thereunder shall in
any way affect the powers of the Member States of the
European Union to undertake bilateral activities with
Vietnam in the framework of economic cooperation or
to conclude, where appropriate, new economic Coop ­
eration Agreements with Vietnam .

facilities necessary for the performance of their
functions . The detailed provisions will be set out by way
of a separate exchange of letters .

Article 18

Territorial application

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

Article 19

Annexes

The Annexes attached to this Agreement shall form an
integral part of the Agreement .

Article 20

Entry into force and renewal

1 . This Agreement shall enter into force on the first
day of the month following the date on which the
Parties have notified each other of the completion of the
procedures necessary for this purpose .

2 . This Agreement is concluded for a period of five
years . It shall be automatically renewed on a yearly basis
unless one of the Parties denounces it six months before
its expiry date .

Article 21

Article 17
Authentic texts

Facilities

To facilitate cooperation within the framework of this
Agreement, the Vietnamese authorities will grant to
Community officials and experts the guarantees and

This Agreement is drawn up in duplicate in the Danish,
Dutch, English, Finnish, French, German, Greek, Italian,
Portuguese, Spanish, Swedish and Vietnamese
languages, each text being equally authentic .

In witness whereof the undersigned plenipotentiaries have signed this Agreement .

For the Council of the European Union

on behalf of the European Community

For the Government of Vietnam

# No c 12 / 10 ran Official Journal of the European Communities 17 . 1 . 96

ANNEX /

DECLARATIONS OF THE EUROPEAN COMMUNITY

Declaration of the European Community on the fifth recital of the preamble of the Cooperation Agreement

The European Community declares that it is willing to consider within the framework of its development
cooperation projects and whenever possible the opportunity to contribute to the economic reintegration of
Vietnamese citizens returning to their country .

Declaration of the European Community concerning tariff adjustments

The European Community confirms that Vietnam has access to the Generalized system of preferences
( GSP ) autonomously put into effect by the European Community on 1 July 1971 on the basis of
Resolution 21 ( II ) of the second United Nations Conference on Trade and Development held in 1968 .

The Community is also willing to organize workshops in Vietnam for public and private users of the GSP
with a view to ensuring maximum use of it .

Déclaration of the European Community

In the course of the negotiations on the Cooperation Agreement between the European Community and
Vietnam, the Community declared that subject to the provisions of Article 16 of the Agreement, the
provisions of the Agreement shall replace provisions of agreements concluded between Member States of
the European Union and Vietnam where such agreements are either incompatible with, or identical to the
provisions of the Agreement .

ANN EX II

Joint Declaration of the European Community and of the Government of Vietnam

The Parties agree that for the purpose of this Agreement ' intellectual, industrial and commercial property '
includes, in particular, protection of copyright ( including computer software ) and related rights ; trade and
service marks ; geographical indications, including indications of origin ; industrial designs ; patents ; layout
designs of integrated circuits as well as protection of undisclosed information and protection against unfair
competition .

ANNEX III

Declaration of the Socialist Republic of Vietnam

The Government of the Socialist Republic of Vietnam declares that the repatriation of its citizens will be
carried out on the basis of mutual agreement between Vietnam and the country concerned in order to
ensure the principles of orderly repatriation in conditions of safety, dignity, in accordance with inter ­
national acceptable practices and the Comprehensive Plan of Action ( CPA ) 1989, with financial assistance
from the international community .

Déclaration by the European Community

1 . The European Community recalls the importance that it and its Member States attach to the principle of

readmission of nationals to their countries of origin, reference to which is made in the fifth recital of the
preamble to the Agreement .

2 . The European Community points out that the provisions of that Agreement in no way affect the obli ­

gations in the matter deriving from bilateral agreements concluded between the Socialist Republic of
Vietnam and its Member States .