CELEX: 22005A0322(03)
Language: en
Date: 2005-03-22 00:00:00
Title: Agreement between the European Community and the Government of the Socialist Republic of Vietnam on market access

22.3.2005                EN                                Official Journal of the European Union                                            L 75/37
                                                                         AGREEMENT
                 between the European Community and the Government of the Socialist Republic of Vietnam on
                                                                         market access
                 THE EUROPEAN COMMUNITY
                 and
                 THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM
                 hereinafter referred to collectively as the ‘Parties’ and individually as the ‘Party’,
                 ACKNOWLEDGING the importance of coordinating and strengthening the friendship, cooperation and interaction
                 between the Socialist Republic of Vietnam and the European Community; and
                 DESIRING to develop and broaden trade and investment relations between the Socialist Republic of Vietnam and the
                 European Community,
HAVE AGREED AS FOLLOWS:                                                              — allow European Community operators to invest in cement
                                                                                         and clinker production, subject to the regulations applied in
                                                                                         this sector in Vietnam. These regulations are non-discrimi-
                                  Article 1                                              natory,
From 1 January 2005, the European Community shall suspend,
with the aim of elimination, the textile and clothing quotas
imposed on the Socialist Republic of Vietnam.                                        — allow European Community investors in the telecommuni-
                                                                                         cations sector, currently operating under Business Co-
                                                                                         operation Contracts with Vietnamese operators, to have
                                  Article 2                                              the possibility to renew current arrangements or to
                                                                                         convert them into another form of establishment with
From 1 January 2005, the Socialist Republic of Vietnam shall:                            conditions no less favourable than those they currently
                                                                                         enjoy, in accordance with the WTO Arrangement initialled
                                                                                         by Vietnam and the European Community on 9 October
— apply the tariffs for clothing, fabrics and made–up articles                           2004,
     and fibres at the levels as committed by Vietnam in the
     Agreement on trade in textiles and clothing and other
     market opening measures initialled in Hanoi on 15
     February 2003 (1),                                                              — eliminate restriction on the customers to whom European
                                                                                         Community suppliers of computer services, construction
                                                                                         services, engineering, integrated engineering, architectural
— apply a tariff rate of 5 % for yarns,                                                  services and urban planning services, which are currently
                                                                                         operating in Vietnam, provide the services,
— apply a tariff rate of 65 % for wines and spirits,
                                                                                     — consider granting licences, on a case-by-case basis and under
                                                                                         the conditions set forth in the WTO Arrangement initialled
— grant to European Community investors and services                                     by Vietnam and the European Community on 9 October
     providers treatment no less favourable than that accorded                           2004, for the European Community’s operators to establish
     to US investors and services suppliers as provided for in the                       100 % European Community–owned enterprises in Vietnam
     Investment and Trade in Services Chapters of the Bilateral                          to provide computer services, construction services, engi-
     Trade Agreement between the Socialist Republic of Vietnam                           neering, integrated engineering, architectural services and
     and the United States of America and the relevant Annexes                           urban planning services without restrictions on the
     thereof,                                                                            customers to whom these services are provided,
(1) Published in the Official Journal of the European Union L 152,
    26.6.2003, p. 42, as ‘Agreement in the form of Exchange of
    Letters amending the Agreement between the European                              — allow 4 (four) European Community pharmaceutical firms
    Community and the Socialist Republic of Vietnam on trade in
    textile and clothing products and other market opening measures,                     to carry out toll manufacturing in Vietnam without license
    as last amended by the Agreement in the form of an Exchange of                       transfer and while retaining their authorisation to market
    Letters initialled on 31 March 2000’.                                                the imported products,
 ---pagebreak--- L 75/38               EN                          Official Journal of the European Union                                         22.3.2005
— allow European Community companies to establish joint                   — grant to European Community investors treatment no less
    ventures with Vietnamese partners, without limitation on                  favourable than that accorded to Japanese investors as
    European Community capital contribution, in order to                      provided for in the Bilateral Investment Agreement (BIT)
    invest in construction of office buildings and apartments                 between the Socialist Republic of Vietnam and Japan,
    for sale and lease, subject to Vietnam’s laws and regulations             upon the entry into force of the said Agreement,
    on property sale and lease.
                                                                          — in 2005 and 2006, grant 3 (three) licences to European
                             Article 3                                        Community suppliers of environmental services to operate
                                                                              in Vietnam as 100 % European Community–owned enter-
No later than 31 March 2005, the Socialist Republic of Vietnam                prises, for providing environmental services, except environ-
shall:                                                                        mental impact assessment services, subject to the scope of
                                                                              activities and conditions provided for in the WTO
                                                                              Arrangement initialled by Vietnam and the European
                                                                              Community on 9 October 2004,
— grant to 1 (one) European Community distributor a licence
    to establish a 100 % European Community-owned enterprise
    in Vietnam, subject to the conditions provided for in the
    WTO Arrangement initialled by Vietnam and the European
                                                                          — allow European Community distributors, legally operating in
    Community on 9 October 2004,
                                                                              Vietnam, to open 4 (four) more stores in 2005 and 2 (two)
                                                                              additional stores in 2006,
— grant to 1 (one) European Community insurer a licence to
    operate in the life insurance sector in Vietnam,
                                                                          — grant to 1 (one) European Community distributor a licence
                                                                              to operate in Vietnam as a 100 % European Community-
                                                                              owned enterprise in 2006, subject to the conditions
                                                                              provided for in the WTO Arrangement initialled by
— allow joint ventures with 51 % capital contribution by                      Vietnam and the European Community on 9 October 2004,
    European Community shipping lines, and allow 1 (one)
    European Community shipping line to set up a 100 %
    European Community-invested enterprise in Vietnam to
    carry out activities of its own shipping line, under the
    conditions provided for in the WTO Arrangement initialled             — reduce the list of prohibited molecules to 5 to 7 molecules
    by Vietnam and the European Community on 9 October                        no later than December 2004, and abolish this list for the
    2004,                                                                     European Community no later than 31 December 2005.
— grant to 1 (one) European Community service supplier a                                                Article 5
    licence to provide computer reservation system services in
    Vietnam, under the conditions provided for in the WTO                 The European Community may reapply the textile and clothing
    Arrangement initialled by Vietnam and the European                    quotas at the level of the total quantity of the textile and
    Community on 9 October 2004,                                          clothing quotas accorded by the European Community to
                                                                          Vietnam in 2004, increased by the annual growth rates
                                                                          provided for in the Agreement on trade in textiles and
                                                                          clothing and other market opening measures initialled in
                                                                          Hanoi on 15 February 2003, in the event that Vietnam fails
— grant tariff quota for the importation of 3 500 units of                to fulfil any of the obligations contained in Articles 2, 3 and 4
    Completely Built Units (CBU) of motorbikes or scooters of             of this Agreement or in paragraph 9 of the 2003 Agreement
    European Community origin at 70 % of the current tariff               cited above.
    rate. At least 50 % of these quotas shall be allocated to
    Vietnamese agents and distributors duly authorised by
    European Community manufacturers.
                                                                          In the event that the European Community fails to fulfil its
                                                                          obligations under Article 1 of this Agreement or in paragraph
                                                                          9 of the Agreement on trade in textiles and clothing and other
                             Article 4                                    market opening measures initialled in Hanoi on 15 February
                                                                          2003, Vietnam may suspend the application of its
The Socialist Republic of Vietnam shall:                                  commitments under Articles 2, 3 and 4 of this Agreement.
 ---pagebreak--- 22.3.2005            EN                          Official Journal of the European Union                                            L 75/39
                            Article 6                                    The Parties shall endeavour to complete their respective internal
                                                                         procedures with a view of implementing this Agreement by 31
This Agreement shall enter into force upon the exchange of               December 2004.
written notifications by the Parties of the completion of their
respective internal procedures for that purpose.
                                                                                                     Article 7
                                                                         This Agreement shall be drawn up in duplicate in the Czech,
Either Party may at any time propose modifications to this               Danish, Dutch, English, Estonian, Finnish, French, German,
Agreement or denounce it, provided that at least six months'             Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish,
notice is given. In the event of denouncement, the Agreement             Portuguese, Slovak, Slovenian, Spanish, Swedish and Vietnamese
shall come to an end on the expiry of the period of notice.              languages, each of these being equally authentic.
                                                                           For the European Community          For the Government
This Agreement will expire upon the date of accession of                                                          of the Socialist
Vietnam to the WTO.                                                                                            Republic of Vietnam