AGREEMENT

BETWEEN THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIET NAM AND THE GOVERNMENT OF THE REPUBLIC OF INDIA ON COOPERATION IN THE PEACEFUL USES OF ATOMIC ENERGY

DESIRING to renew and develop deeper mutually beneficial economic, scientific and technical cooperation for the peaceful uses of atomic energy;

(INFCIRC/754) done at Vienna on 2 February 2009 and the Protocol additional to the said Agreement, done at Vienna on 15 May 2009 (INFCIRC/754/Add.6);

(INFCIRC/376) done at Vienna on 2 October 1989 and the Protocol additional to the said Agreement, done at Vienna on 10 August 2007 (INFCIRC/376/Add.1);

MINDFUL that international cooperation in the field of atomic energy for peaceful purposes can play a crucial role in augmenting the contribution of non-fossil fuel sources of energy and thus sustainable development, especially for developing countries;

DESIRING in the interest of the Parties to develop such cooperation on the basis of mutual respect for sovereignty, non-interference in each other's internal affairs, equality, mutual benefit, reciprocity, with due respect for each other's nuclear programmes and in accordance with the principles governing the respective nuclear policies and the respective international obligations;

ARTICLE 1

DEFINITIONS

(a) "Component" means a component part of equipment, or other item so designated by the Parties or as included in the Annex to this Agreement;

(TRIPS Agreement);

(ii) equipment produced by the application of technology so transferred;

(iv) nuclear material that is produced or processed by the use of any nuclear material or non-material subject to this Agreement;

ARTICLE 2

SCOPE OF COOPERATION

2. The Parties hereby agree to pursue cooperation in the following areas:

b. Technical training & education related to various aspects of peaceful uses of atomic energy, including nuclear technology research and applications, nuclear safety, nuclear security, safeguards and non-proliferation;

d. Front end of the nuclear fuel cycle including mineral exploration, prospecting, mining, processing and refining; conversion to nuclear fuel;

f. Supply and manufacture of components, equipment, nuclear material or non-nuclear material for use in nuclear power plants;

h. Exchange of operational and maintenance experiences between utilities;

j. Treatment and management of radioactive wastes;

l. Following best practices in minimizing the impact on public health and environment from any radioactive or other contamination arising from peaceful nuclear activities under this Agreement;

n. Safe, secure, sustainable and safeguarded use of civil nuclear energy including related regulatory and technological advancements;

p. Such other areas of cooperation as are mutually agreed upon by the Parties in writing.

ARTICLE 3

FORMS OF COOPERATION

a. Development and implementation of joint programmes;

c. Organisation of meetings, workshops, symposia and short term schools;

e. Consultations on scientific and technological issues, human resource development, nuclear knowledge management, exchange of scientific and technical information and documentation;

g. Exchange of experts, scientists, engineers and academic personnel;

i. Exchange of unclassified scientific & technical publications and reports on research & development work, carried out for the utilisation of atomic energy for peaceful purposes, except for information which either party is not free to exchange, inter alia, because it has been obtained from or developed in collaboration with a third party;

k. Developing and executing nuclear power projects;

2. The Parties shall exchange scientific & technical personnel as well as equipment, samples and materials necessary for the implementation of cooperative programme under this Agreement in areas specified in Article I, for such periods of time as may be mutually agreed upon.

ARTICLE 4

LEGAL IMPLEMENTATION

2. These written arrangements shall conform to the Parties respective national legislations, regulations and international obligations to which both sides are parties and may include provisions dealing with intellectual property rights protection where such rights exist or arise.

ARTICLE 5

JOINT COMMITTEE

2. The Joint Committee shall comprise the designated authorities of the Parties. For the Socialist Republic of Viet Nam, the designated authority shall be the Viet Nam Atomic Energy Institute of the Ministry of Science and Technology and for India, the designated authority shall be the Nuclear Controls and Planning Wing of the Department of Atomic Energy.

ARTICLE 6

FINANCE

ARTICLE 7

PEACEFUL USES

ARTICLE 8

IAEA SAFEGUARDS

2. With regard to items transferred to India, they will remain subject to IAEA safeguards in accordance with the "Agreement between the Government of India and the International Atomic Energy Agency for the Application of Safeguards to Civilian Nuclear Facilities", contained in the document published by the Agency as INFCIRC/754, as supplemented by a Protocol additional to the said Agreement, done at Vienna on 15 May 2009 and contained in the document published by the Agency as INFCIRC/754/Add.6.

(INFCIRC/376) done at Vienna on 2 October 1989 and the Protocol additional to the said Agreement, done at Vienna on 10 August 2007 and contained in the document published by the Agency as INFCIRC/376/Add.1.

Article 9

PHYSICAL PROTECTION

2. In addition to its obligations under the Convention on the Physical Protection of Nuclear Material, done at Vienna in 3 March 1980 and as amended and in force for each Party from time to time, each Party shall apply the recommendations of IAEA document INFCIRC/225/Rev.5 entitled, "Nuclear Security Recommendations on Physical Protection of Nuclear Material and Nuclear Facilities". Any alteration to or replacement of the document INFCIRC/225/Rev.5 shall have effect under this Agreement only when the Parties have informed each other in writing through diplomatic channels that they accept such an alteration or replacement.

ARTICLE 10

RETURN OF SPENT FUEL

ARTICLE 11

RETRANSFERS

2. Items subject to this Agreement shall not be transferred by the recipient Party to a third country except when the recipient Party has obtained assurances from the third country of peaceful use, of implementation of the Agency's safeguards and of adequate measures of physical protection comparable to Article 9 of this Agreement. All such transfers shall be subject to the respective national legislation and regulations of the Parties.

4. The designated authority of the recipient Party shall promptly notify the designated authority of the supplier Party of transfers by the recipient Party pursuant to paragraph 1 of this Article.

ARTICLE 12

INTELLECTUAL PROPERTY RIGHTS

2. Intellectual property rights of any Party in respect of information or technologies shared, utilized or transferred in pursuance of any project under this Agreement, shall remain with that Party.

ARTICLE 13

PROTECTION OF INFORMATION AND CONFIDENTIALITY

a. Information which is required to be maintained as confidential in terms of the applicable domestic laws of either of the Parties, is not disclosed to any person and is maintained as confidential at all times;

c. Information transferred by one Party to the other is not divulged to a third party without the express and written consent of the transferring Party.

ARTICLE 14

AMENDMENTS

ARTICLE 15

SETTLEMENT OF DISPUTES

ARTICLE 16

ENTRY INTO FORCE, DURATION AND TERMINATION

2. This Agreement shall remain in force for a period of Forty (40) Years unless previously terminated by either party by giving Twelve (12) months notice to the other Party of its intention to so terminate.

4. The termination of this Agreement with effect from any date shall not affect projects that are ongoing as at that date nor shall it affect the obligations assumed under Articles 5, 7, 8, 9, 10, 11, 12 & 13 of this Agreement.

IN WITNESS WHEREOF, the undersigned being duly authorized by their respective Governments sign this Agreement.