a) CIF value of the materials at the time of importation to a Party; or

When, in the territory of a Party, the producer of the goods acquires non-originating materials within such Party, the value of such materials shall not include freight, insurance, packing costs and any other costs incidental to the transport of those materials from the location of the supplier to the location of production.

ARTICLE 4.6

Insufficient Working or Processing

a) preserving operations to ensure that a product retains its condition during transportation and storage;

c) packaging and re-packaging;

e) ironing or pressing of textiles;

g) husking, partial or total bleaching, polishing and glazing of cereals and rice;

i) peeling and removal of stones and shells from fruits, nuts and vegetables;

k) cutting;

m) placing in bottles, cans, flasks, bags, cases, boxes, fixing on surface and all other simple packaging operations;

o) simple mixing of products (components) which does not lead to a sufficient difference of product from the original components;

q) slaughter of animals, sorting of meat.

ARTICLE 4.7

Accumulation of Origin

ARTICLE 4.8

De Minimis

a) the value of all non-originating materials that are used in the production of the goods and do not undergo the required change in tariff classification, does not exceed 10 percent of the FOB value of such goods; and

2. The value of materials referred to in subparagraph a) of paragraph 1 of this Article shall be included in the value of non-originating materials for any applicable VAC requirement.

ARTICLE 4.9

Direct Consignment

2. Notwithstanding paragraph 1 of this Article, originating goods may be transported through the territory of one or more third countries, provided that:

b) the goods have not entered into trade or consumption there; and

3. A declarant shall submit appropriate documentary evidence to the customs authorities of the importing Party confirming that the conditions, set out in paragraph 2 of this Article have been fulfillled. Such evidence shall be provided to the customs authorities of the importing Party by submission of:

i. an exact description of the goods;

iii. where applicable:

- the containers’ numbers;

- the marks of the customs authorities of the country of transit; and

4. A declarant may submit other supporting documents to prove that the requirements of paragraph 2 of this Article are fulfillled.

6. If a declarant fails to provide the customs authorities of the importing Party with documentary evidence of direct consignment, preferential tariff treatment shall not be granted.

ARTICLE 4.10

Direct Purchase

2. Notwithstanding paragraph 1 of this Article the importing Party shall not grant preferential tariff treatment in cases where the invoice is issued by a person registered in a third country included in the list of offshore countries to be established in a joint protocol. The respective competent authorities of the Parties shall be entitled to adopt such protocol by mutual consent and shall make it publicly available.

ARTICLE 4.11

Packaging Materials for Retail Sale

2. Notwithstanding paragraph 1 of this Article in determining whether the goods fulfil the VAC requirement, the value of the packaging used for retail sale will be counted as originating or non-originating materials, as the case may be, in calculating the VAC of the goods.

ARTICLE 4.12

Packing Materials for Shipment

ARTICLE 4.13

Accessories, Spare Parts, Tools and Instructional or Other Information Materials

2. Notwithstanding paragraph 1 of this Article in determining whether the goods fulfil the VAC requirement, the value of accessories, spare parts, tools and instructional or other information materials shall be taken into account as originating materials or non-originating materials, as the case may be, in calculating VAC of the goods.

a) accessories, spare parts, tools and instructional or other information materials presented with the goods are not invoiced separately from such goods; and

ARTICLE 4.14

Sets

ARTICLE 4.15

Indirect Materials

a) fuel and energy;

c) spare parts and materials used in the maintenance of equipment and buildings;

e) gloves, glasses, footwear, clothing, safety equipment;

g) catalyst and solvent; and

SECTION II. DOCUMENTARY PROOF OF ORIGIN

ARTICLE 4.16

Claim for Preferential Tariff Treatment

2. The Certificate of Origin submitted to the customs authorities of the importing Party shall be an original, valid and in conformity with the format as set out in Annex 5 to this Agreement and shall be duly completed in accordance with the requirements set out in Annex 5 to this Agreement.

4. The Certificate of Origin shall be valid for a period of 12 months from the date of issuance and must be submitted to the customs authorities of the importing Party within that period but not later than the moment of the submission of the import customs declaration, except in circumstances stipulated in paragraph 2 of Article 4.20 of this Agreement.

ARTICLE 4.17

Circumstances When Certificate of Origin Is Not Required

ARTICLE 4.18

Issuance of Certificate of Origin

2. The Certificate of Origin shall be issued by the authorised body of the exporting Party to the producer or exporter of the goods or its authorised representative prior to or at the time of exportation whenever the goods to be exported can be considered originating in a Party within the meaning of this Chapter.

4. Each Certificate of Origin shall bear a unique reference number separately given by the authorised body.

6. The Certificate of Origin shall be done in hard copy and shall comprise one original and two copies.

8. Without prejudice to paragraph 4 of Article 4.16 of this Agreement, in exceptional cases, where a Certificate of Origin has not been issued prior to or at the time of exportation it may be issued retroactively and shall be marked “ISSUED RETROACTIVELY”.

ARTICLE 4.19

Minor Discrepancies

2. For multiple goods declared under the same Certificate of Origin, a problem encountered with one of the goods listed shall not affect or delay the granting of preferential tariff treatment for the remaining goods covered by the Certificate of Origin.

ARTICLE 4.20

Specific Cases of Issuance of Certificate of Origin

2. Due to accidental errors or omissions made in the original Certificate of Origin, the authorised body shall issue the Certificate of Origin in substitution for the original Certificate of Origin. In this instance, the Certificate of Origin shall bear the words: “ISSUED IN SUBSTITUTION FOR THE CERTIFICATE OF ORIGIN NUMBER_DATE_” Such Certificate of Origin shall be valid no longer than 12 months from the date of issuance of the original Certificate of Origin.

ARTICLE 4.21

Alterations in Certificate of Origin

ARTICLE 4.22

Record-Keeping Requirements

2. An importer who has been granted preferential tariff treatment must keep the copy of the Certificate of Origin, based on the date when the preferential tariff treatment was granted, for the period of no less than three years.

SECTION III. PREFERENTIAL TARIFF TREATMENT

ARTICLE 4.23

Granting Preferential Tariff Treatment

2. Customs authorities of the importing Party shall grant preferential tariff treatment to originating goods of the exporting Party provided that:

b) the declarant demonstrates compliance with the requirements of this Chapter;

3. Notwithstanding paragraph 2 of this Article, where the customs authorities of the importing Party have a reasonable doubt as to the origin of the goods for which preferential tariff treatment is claimed and/or to the authenticity of the submitted Certificate of Origin, such customs authorities may suspend or deny the application of preferential tariff treatment to such goods. However, the goods can be released in accordance with the requirements of such Party’s respective domestic laws and regulations.

ARTICLE 4.24

Denial of Preferential Tariff Treatment

2. The customs authorities of the importing Party may deny preferential tariff treatment if:

b) other requirements of this Chapter are not met, including:

ii. the requirements of Article 4.10 of this Agreement;

c) the verification procedures undertaken under Articles 4.30 arid 4.31 of this Agreement are unable to establish the origin of the goods or indicate the inconsistency of the origin criteria;

e) the customs authorities of the importing Party receive no reply within a maximum of six months after the date of a verification request made to the verification authority of the exporting Party, or if the response to the request does not contain sufficient information to conclude whether the goods originate in a Party; or

3. Where the importing Party determines through verification procedures that an exporter or producer of the goods has engaged in providing false and/or incomplete information for the purposes of obtaining Certificates of Origin, customs authorities of the importing Party may deny preferential tariff treatment to identical goods covered by the Certificates of Origin issued to that exporter or producer in accordance with its respective domestic laws and regulations.

ARTICLE 4.25

Temporary Suspension of Preferential Tariff Treatment

a) systematic fraud regarding claims of preferential tariff treatment under this Agreement in respect of the goods exported or produced by a person of the other Party; or

such Party may in exceptional circumstances temporarily suspend preferential tariff treatment under this Agreement.

a) of a person where the importing Party has concluded that such person of the exporting Party has committed systematic fraud regarding claims of preferential tariff treatment under this Agreement:

3. Where the importing Party has concluded that the already suspended preferential tariff treatment in accordance with subparagraph a) of paragraph 2 of this Article had not resulted in cessation of systematic fraud regarding claims of preferential tariff treatment under this Agreement, it may temporarily suspend preferential tariff treatment with regard to identical goods classified in the same tariff lines at 8-10 digit level of the respective domestic nomenclatures of the Parties.

a) a finding of systematic fraud can be made where a Party has concluded that a person of the other Party has systematically provided false or incorrect information in order to obtain preferential tariff treatment under this Agreement as a result of an investigation based on objective, compelling and verifiable information;

c) identical goods means the goods which are the same in all respects including physical characteristics, quality and reputation.

a) notify the other Party and provide the information and evidence upon which the finding was based;

6. If the Parties have not achieved a mutually acceptable solution within 30 days of the engagement into consultations pursuant to subparagraph b) of paragraph 5 of this Article, the Party that has made the finding shall refer the issue to the Joint Committee.

8. Temporary suspension of preferential tariff treatment under this Article may be applied until the exporting Party provides convincing evidence of the ability to comply with the requirements of this Chapter and ensure the fulfilment of all the requirements of this Chapter by producers or exporters of the goods but shall not exceed a period of four months, which may be renewed for no longer than three months.

SECTION IV. ADMINISTRATIVE COOPERATION

ARTICLE 4.26

Administrative Cooperation Language

ARTICLE 4.27

Authorised Body and Verification Authority

ARTICLE 4.28

Notifications

2. Viet Nam shall provide the Eurasian Economic Commission with the original information referred to in paragraph 1 of this Article in sextuplicate. The Eurasian Economic Commission may request Viet Nam to provide additional sets of such information.

4. Any change to the information stipulated in this Article shall be notified by the Ministry of Industry and Trade of Viet Nam and the Eurasian Economic Commission in advance and in the same manner.

ARTICLE 4.29

Development and Implementation of Electronic Origin Certification and Verification System

2. The purpose of the EOCVS is the creation of a web-database that records the details of all Certificates of Origin issued by an authorised body and that is accessible to the customs authorities of the other Party to check the validity and content of any issued Certificate of Origin.

ARTICLE 4.30

Verification of Origin

2. All verification requests shall be accompanied by sufficient information to identify the concerned goods. A request to the verification authority of the exporting Party shall be accompanied by a copy of the Certificate of Origin and shall specify the circumstances and reasons for the request.

4. In response to a request under paragraph 1 of this Article verification authority of the exporting Party shall clearly indicate whether the Certificate of Origin is authentic and/or whether the goods can be considered as originating in such Party including by providing requested documentary evidence received from the producer and/or exporter of the goods. Before the response to the verification request, paragraph 3 of Article 4.23 of this Agreement may be applied. The customs duties paid shall be refunded if the received results of the verification process confirm and clearly indicate that the goods qualify as originating and all other requirements of this Chapter are met.

ARTICLE 4.31

Verification Visit

2. Prior to conducting a verification visit pursuant to paragraph 1 of this Article the customs authorities of the importing Party shall deliver a written notification of their intention to conduct the verification visit to the verification authority of the Party in the territory of which the verification visit is to occur.

a) the name of the customs authorities of the Party issuing the notification;

c) the proposed date of the verification visit;

e) the names and designation of the officials performing the verification visit.

5. Where a written consent from the verification authority is not obtained within 60 days from the date of dispatch of the notification pursuant to paragraph 2 of this Article or the notifying Party receives a refusal to conduct such a verification visit, the notifying Party shall deny preferential tariff treatment to the goods referred to in the Certificate(s) of Origin that would have been subject to the verification visit.

7. The authority conducting the verification visit shall, within a maximum period of 90 days from the first day the verification visit was conducted, provide the producer and/or exporter of the goods, whose goods and premises are subject to such verification, and the verification authority of the exporting Party with a written determination of the outcomes of the verification visit.

9. Any suspended or denied preferential tariff treatment shall be reinstated upon the written determination that the goods qualify as originating and the certain origin criteria under this Agreement are fulfilled.

11. The verification authority or the authorised body of the exporting Party shall assist in the verification visit conducted by the customs authorities of the importing Part 7.

13. If there are obstacles by the authorities or entities of the inspected Party during the verification visit, which result in the absence of possibility to conduct the verification visit, the importing Party has the right to deny preferential tariff treatment to the concerned goods.

ARTICLE 4.32

Confidentiality

It shall not be disclosed without the permission of the person or authority of the Party providing it.

ARTICLE 4.33

Penalties or Other Measures against Fraudulent Acts

ARTICLE 4.34

Sub-Committee on Rules of Origin

2. The ROO Sub-Committee shall have the following functions:

i. transposition of Annex 3 to this Agreement that is in the nomenclature of the revised HS following periodic amendments of the HS. Such transposition shall be carried out without impairing the existing commitments and shall be completed in a timely manner;

iii. failure to fulfil the obligations by the Parties, as determined in this Section;

v. amendments to Annex 3 to this Agreement;

vii. any amendment to the provisions of this Chapter and to Annexes 3, 4 and 5 to this Agreement;

c) reporting the findings of the ROO Sub-Committee to the Goods Committee; and

3. The ROO Sub-Committee shall be composed of the representatives of the Parties and may invite representatives of other entities of the Parties with necessary expertise relevant to the issues to be discussed upon mutual agreement of the Parties.

5. A provisional agenda for each meeting shall be forwarded to the Parties, as a general rule, no later than one month before the meeting.

SECTION V. TRANSITIONAL PROVISIONS

ARTICLE 4.35

Goods in Transportation or Storage

CHAPTER 5

CUSTOMS ADMINISTRATION AND TRADE FACILITATION

ARTICLE 5.1

Scope

a) transparency of customs procedures and customs formalities;

c) customs cooperation including exchange of information between the central customs authorities of the Parties.

ARTICLE 5.2

Definitions

a) “customs administration” means organisational and management activities of the customs authorities of a Party as well as activities carried out within the regulatory framework while implementing the objectives in the customs area:

c) “express consignments” means goods delivered through high-speed transportation systems by any type of transport, using an electronic information management system and tracking the movement in order to deliver the goods to the recipient in accordance with an individual invoice for the minimum possible or a fixed period of time, except for goods sent by international post;

e) “outward processing” means the customs procedure under which goods, which are in free circulation in the customs territory of a Party, may be temporarily exported for processing abroad and then re-imported with total exemption from customs duties and taxes; and

ARTICLE 5.3

Facilitation of Customs Administration Measures

2. Customs administration measures of each Party shall, where possible and to the extent permitted by its customs laws and regulations, be based on the standards and recommended practices of the World Customs Organization.

ARTICLE 5.4

Release of Goods

2. Pursuant to paragraph 1 of this Article, each Party shall:

b) endeavour to adopt or maintain electronic submission and processing of customs information in advance of arrival of the goods to expedite the release of goods upon arrival.

ARTICLE 5.5

Risk Management

ARTICLE 5.6

Customs Cooperation

2. Where a central customs authority of a Party in accordance with such Party’s respective laws and regulations has a reasonable suspicion of an unlawful activity, such central customs authority may request the central customs authority of the other Party to provide specific confidential information normally collected in connection with the exportation and/or importation of goods.

4. The requested Party under paragraph 2 of this Article shall provide a written response containing the requested information.

6. The central customs authorities of the Parties shall endeavour to establish and maintain channels of communication for customs cooperation, including establishing contact points that will facilitate the rapid and secure exchange of information, and improve coordination on customs issues.

ARTICLE 5.7

Information Exchange

2. On behalf of the Eurasian Economic Union, the Eurasian Economic Commission shall coordinate the creation and facilitate the operation of the electronic information exchange.

4. Within one year from the date of entry into force of this Agreement, the central customs authorities of the Member States of the Eurasian Economic Union with the assistance of the Eurasian Economic Commission and the central customs authority of Viet Nam shall enter into consultations in order to develop electronic information exchange in accordance with paragraph 6 of this Article.

6. The implementation of electronic information exchange shall be divided into the following stages:

b) not later than three years from the date of entry into force of this Agreement electronic information exchange shall cover goods for which the trade flow between the Parties will have increased more than 20 percent from the date of entry into force of this Agreement; and

7. Any information exchanged in accordance with the provisions of this Article shall be treated as confidential and shall be used for customs purposes only.

ARTICLE 5.8

Publication

2. The competent authorities of each Party shall designate or maintain one or more enquiry points to process enquiries from interested persons concerning customs issues, and shall publish on the internet information concerning such enquiry points.

4. To the extent possible, each Party shall publish in advance its laws and regulations of general application governing customs issues that it proposes to adopt and shall provide interested persons with an opportunity to comment before adopting such laws and regulations.

ARTICLE 5.9

Advance Rulings

2. Each Party shall adopt or maintain procedures for advance rulings, which shall:

b) require that the applicant for an advance ruling provide a detailed description of the goods and all relevant information needed to process an advance ruling;

d) provide that any advance ruling be based on the facts and circumstances presented by the applicant and any other relevant information available to its customs authority; and

3. A customs authority of a Party may reject requests for an advance ruling where the additional information requested by it in accordance with subparagraph c) of paragraph 2 of this Article is not provided within the specified period of time.

5. A customs authority of a Party may modify or revoke an advance ruling:

b) if there is a change in the customs laws and regulations consistent with this Agreement; or

6. Subject to confidentiality requirements, the customs authorities of the Parties shall publish advance rulings.

ARTICLE 5.10

Customs Valuation

ARTICLE 5.11

Tariff Classification

ARTICLE 5.12

Transit of Goods

ARTICLE 5.13

Express Consignments

2. Express consignments shall be placed under the customs procedure in an expedited manner in accordance with die customs laws and regulations of the respective Party.

ARTICLE 5.14

Temporary Admission of Goods

ARTICLE 5.15

Inward Processing and Outward Processing

ARTICLE 5.16

Confidentiality

ARTICLE 5.17

Customs Agents (Representatives)

ARTICLE 5.18

Automation

2. The central customs authorities of the Parties shall provide declarants with an opportunity to declare goods in electronic form.

ARTICLE 5.19

Review and Appeal

ARTICLE 5.20

Penalties

CHAPTER 6

TECHNICAL BARRIERS TO TRADE

ARTICLE 6.1

Objectives

a) promoting cooperation on the preparation, adoption and application of standards, technical regulations and conformity assessment procedures in order to eliminate unnecessary technical barriers to trade, reduce, where possible, unnecessary costs to exporters;

c) strengthening information exchange between the Parties in relation to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures;

e) providing a framework to realise these objectives; and

ARTICLE 6.2

Scope

a) purchasing specifications prepared by governmental bodies for production or consumption requirements of governmental bodies; and

2. In accordance with this Chapter and the TBT Agreement each Party has the right to prepare, adopt and apply standards, technical regulations and conformity assessment procedures.

ARTICLE 6.3

Definitions

ARTICLE 6.4

Incorporation of the TBT Agreement

ARTICLE 6.5

Transparency

2. Each Party should provide the period for comments of at least 60 days following the publication of a notice of the kind envisaged in Articles 2.9 and/or 5.6 of the TBT Agreement, except for situations where urgent problems of safety, health, environmental protection or national security arise or threaten to arise for the Parties.

4. The Parties shall, to the fullest extent possible, endeavour to exchange information in the English language.

ARTICLE 6.6

Marking and Labelling

ARTICLE 6.7

Consultations

2. Each Party shall make every effort to give prompt and positive consideration to any request from the other Party for consultations on issues relating to the implementation of this Chapter.

4. Where a Party declines a request from the other Party to establish a working group, it shall, upon request, explain the reasons for its decision.

ARTICLE 6.8

Cooperation

2. The cooperation pursuant to paragraph 1 of this Article may include the following:

b) exchanging officials of the Parties, for training purposes;

d) strengthening cooperation in international fora, including international bodies related to standardisation and conformity assessment and the WTO Committee on Technical Barriers to Trade, in areas of mutual interest;

f) providing scientific and technical cooperation in order to improve the quality of technical regulations; and

3. The implementation of paragraph 2 of this Article shall be subject to the availability of appropriated funds and the respective laws and regulations of each Party.

5. The Parties may conduct joint projects, technical assistance and cooperation on standards, technical regulations and conformity assessment procedures in selected areas, as mutually agreed.

7. Upon request, a Party shall give appropriate consideration to proposals that the other Party makes for cooperation under this Chapter.

ARTICLE 6.9

Competent Authorities and Contact Points

2. The Parties shall promptly notify each other of any change to their competent authorities and contact points or amendment to the information of the relevant officials.

a) facilitating the exchange of information between the Parties on standards, technical regulations and conformity assessment procedures in response to all reasonable requests for such information from a Party; and

4. The competent authorities’ functions shall include:

b) facilitating cooperation activities, as appropriate, in accordance with Article 6.8 of this Agreement;

d) facilitating consultations on any matter arising under this Chapter upon request of a Party;

f) carrying out other functions as may be delegated by the Joint Committee.

CHAPTER 7

SANITARY AND PHYTOSANITARY MEASURES

ARTICLE 7.1

Objectives

a) seeking to resolve issues relating to sanitary and phytosanitary measures while protecting human, animal or plant life or health in the territories of the Parties;

c) facilitating information exchange in the field of sanitary and phytosanitary measures and enhancing the knowledge and understanding of each Party’s regulatory system.

ARTICLE 7.2

Scope

ARTICLE 7.3

Definitions

a) the definitions set out in Annex A to the SPS Agreement shall apply, mutatis mutandis; and

ARTICLE 7.4

Incorporation of the SPS Agreement

ARTICLE 7.5

Equivalence

2. The Parties may recognise equivalence of a measure, a group of measures or a system to extent feasible and appropriate.

ARTICLE 7.6

Adaptation to Regional Conditions

2. When determining such areas, the Parties shall consider factors such as information of the Parties confirming the status of pest or disease-free areas and areas of low pest or disease prevalence, the results of an audit, inspection monitoring, information provided by OIE and IPPC and other factors.

ARTICLE 7.7

Audit and Inspections

2. The Parties agree to enhance further their cooperation in the field of audits and inspections.

4. The auditing or inspecting Party shall provide the audited or inspected Party the opportunities to comment on the findings of the audits and/or inspections.

ARTICLE 7.8

Documents Confirming Safety

2. The Parties shall take into account relevant international standards, guidelines and recommendations, when developing the documents for confirming safety of the products (goods), as appropriate.

4. The Parties shall promote the use of electronic technologies in the documents for confirming safety of the products (goods) in order to facilitate trade.

ARTICLE 7.9

Emergency Measures

2. Upon request of either Party, consultations of the relevant competent authorities regarding the emergency measures shall be held as soon as possible unless otherwise agreed by the Parties.

ARTICLE 7.10

Contact Points and Information Exchange

2. The Parties shall inform each other of any change to their contact points or any significant change in the structure or competence of their competent authorities.

a) any significant food safety issue or change in animal or plant health, disease or pest status in their territories; and

4. The Parties, through their contact points, shall inform each other of systematic or significant cases of non-compliance of sanitary and phytosanitary measures and exchange relevant documents which confirm this non-compliance.

ARTICLE 7.11

Cooperation

2. The Parties shall explore opportunities for further cooperation, collaboration and information exchange on sanitary and phytosanitary matters of mutual interest consistent with the provisions of this Chapter. Such opportunities may include trade facilitation initiatives and technical assistance.

4. In order to promote cooperation within the framework of this Chapter, the Parties may conclude ad hoc arrangements on sanitary and phytosanitary measures.

ARTICLE 7.12

Consultations

2. A Party shall consider to hold consultations under the context of this Chapter, upon request of the other Party, with the aim of resolving matters arising under this Chapter.

CHAPTER 8

TRADE IN SERVICES, INVESTMENT AND MOVEMENT OF NATURAL PERSONS

SECTION I. HORIZONTAL PROVISIONS

ARTICLE 8.1

Objectives

ARTICLE 8.2

Scope

2. This Chapter shall apply to measures by the Parties to this Chapter affecting trade in services, establishment, investments and movement of natural persons.

4. This Chapter shall not apply to:

b) measures affecting natural persons seeking access to the employment market of a Party to this Chapter; or

5. This Chapter shall not prevent a Party to this Chapter from applying measures to regulate the entry of natural persons of the other Party to this Chapter into or their temporary stay in its territory, including those necessary to protect the integrity of, and to ensure the orderly movement of natural persons across its borders, provided that such measures are not applied in such a manner as to nullify or impair the benefits accruing to the other Party to this Chapter under the terms of a specific commitment. The sole fact of requiring a visa for natural persons of a Party to this Chapter and not for those of any other third country shall not be regarded as nullifying or impairing benefits under the commitments made in this Chapter.

ARTICLE 8.3

Definitions

a) “trade in services” means the supply of a service:

ii. in the territory of a Party to this Chapter to the service consumer of the other Party to this Chapter;

c) “services” includes any service in any sector except services supplied neither on a commercial basis nor in competition with one or more service suppliers;

e) “service consumer” means any person that receives or uses a service;

g) “natural person of a Party to this Chapter” means a natural person who, under the applicable laws and regulations of that Party to this Chapter, is a national of such Party to this Chapter;

A juridical person is:

“controlled” by persons of a Party to this Chapter if such persons have the power to name a majority of its directors or otherwise to legally direct its actions.

j) “economic integration agreements” means international agreements complying with the requirements of Articles V and/or V bis of GATS;

l) “measure by a Party to this Chapter” means measures taken by:

ii. non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities of that Party to this Chapter.

i. the purchase, payment or use of a service;

n) “measures by Parties to this Chapter affecting establishment, commercial presence and activities” include measures in respect of establishment, commercial presence of juridical persons of a Party to this Chapter in the territory of the other Party to this Chapter or activities thereof;

i. the establishment for constitution) and/or acquisition of a juridical person (participation in the capital of an existing juridical person ) of any legal form and ownership provided for in laws and regulations of a Party to this Chapter within the territory of which this person is being established, constituted or acquired;

iii. the creation of a branch; or

for the purposes of supplying a service and/or performing an economic activity in sectors other than services.

q) “activities” means activities of industrial, commercial or professional character of the juridical persons, branches, representative offices, referred to in subparagraph o) of this Article, except for those carried out neither on a commercial basis nor in competition with one or more persons engaged in the same type of activities.

ARTICLE 8.4

Other International Agreements

ARTICLE 8.5

Domestic Regulation

2. Without prejudice to the right of a Party to this Chapter to establish and apply licensing procedures and requirements, regarding the services sectors in respect of which such Party has undertaken specific commitments in accordance with Section II (Trade in Services) of this Chapter, as well as regarding the establishment and activities covered by Section III (Establishment, Commercial Presence and Activities) of this Chapter such Party shall ensure that:

b) its competent authorities make a decision on granting/denial of a licence without undue delay and no later than the period specified in relevant laws and regulations of such Party;

d) once any period for review of an application for a licence established in the laws and regulations of such Party lapsed, and upon the request of an applicant, such Party’s competent authority informs the applicant of the status of its application and whether it was considered complete. If the authority requires additional information from the applicant, it shall notify the applicant without undue delay and specify the additional information required to complete the application. Applicants shall have the opportunity to provide the additional information requested and to make technical corrections in the application. An application shall not be considered complete until all information and documents specified in the respective laws and regulations of that Party are received;

f) where an application is denied, an applicant shall have the right to submit a new application that attempts to address any prior problems for licensing.

ARTICLE 8.6

Contact Points

ARTICLE 8.7

Denial of Benefits

a) any third country; or

ARTICLE 8.8

Restrictions to Safeguard the Balance of Payments

a) shall be applied on a most-favoured-nation basis;

c) shall avoid unnecessary damage to the commercial, economic and 1 financial interests of the other Party to this Chapter;

e) shall be temporary and be phased out progressively as the situation specified in this paragraph improve.

3. In determining the incidence of such restrictions, the Parties to this Chapter may give priority to the supply of services which are more essential to their economic or development programmes. However, such restrictions shall not be adopted or maintained for the purpose of protecting a particular service sector.

5. This Article shall not be subject to the dispute settlement procedures stipulated by the Article 8.38 of this Agreement.

ARTICLE 8.9

Accession

2. In case of accession of a Member State of the Eurasian Economic Union to this Chapter the provisions of this Chapter shall neither apply between the Parties to this Chapter that are Member States of the Eurasian Economic Union nor shall they grant to Viet Nam any rights and privileges that Member States of the Eurasian Economic Union grant exclusively to each other.

ARTICLE 8.10

Amendments

2. The amendments to this Chapter resulting from accession of a Member State of the Eurasian Economic Union shall be introduced by mutual written consent of the Parties to this Chapter and the Member State of the Eurasian Economic Union acceding to this Chapter.

ARTICLE 8.11

Consultations

2. The consultations referred to in paragraph 1 of this Article may be conducted by the Joint Committee established in accordance with Article 1.4 of this Agreement.

ARTICLE 8.12

Settlement of Disputes between the Parties to this Chapter

2. For the purposes of this Chapter:

b) the request for consultations referred to in paragraph 2 of Article 14.6 of this Agreement shall be submitted in writing to the responding Party through its contact points designated in accordance with Article 8.6 of this Agreement;

d) the suspension of benefits referred to in Article 14.15 of this Agreement may be performed only in respect of the benefits provided for in this Chapter.

ARTICLE 8.13

Lists of Commitments

SECTION II. TRADE IN SERVICES

ARTICLE 8.14

Scope

2. This Section shall not apply to provision of subsidies or other forms of State or municipal support to service suppliers or their services.

ARTICLE 8.15

Most-Favoured-Nation Treatment

2. A Party to this Chapter may maintain a measure inconsistent with paragraph 1 of this Article provided that such a measure is set out in its individual national List in Annex 1 to Protocol No. 1.

4. Nothing in this Agreement shall be construed to oblige a Party to this Chapter to provide to services or service suppliers of the other Party to this Chapter benefits or privileges that the former Party is providing or will provide in future:

b) on the basis of the agreements on avoidance of double taxation or other arrangements on taxation issues.

ARTICLE 8.16

Market Access

[1]

a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirements of an economic needs test;

c) limitations on the total number of service operations or on the total quantity of service output expressed in terms of designated numerical units in the form of quotas or the requirement of an economic needs test.

ARTICLE 8.17

National Treatment

[2]

3. Formally identical or formally different treatment shall be considered to be less favourable if it modifies the conditions of competition in favour of services or service suppliers of a Party to this Chapter compared to like services or service suppliers of the other Party to this Chapter.

ARTICLE 8.18

Payments and Transfers

2. Nothing in this Chapter shall affect the rights and obligations of the Parties to this Chapter as members of the International Monetary Fund under the Articles of Agreement of the International Monetary Fund, including the use of exchange actions which are in conformity with the Articles of Agreement of the International Monetary Fund, provided that a Party to this Chapter shall not impose restrictions on any capital transactions inconsistently with its specific commitments under this Section regarding such transactions, except under Article 8.8 of this Agreement or at the request of the International Monetary Fund.

ARTICLE 8.19

Recognition

SECTION III. ESTABLISHMENT, COMMERCIAL PRESENCE AND ACTIVITIES

ARTICLE 8.20

Scope

2. This Section shall apply to commercial presence set up by a person of a Party to this Chapter within the territory of the other Party to this Chapter at the date or after the date of entry into force of this Agreement.

ARTICLE 8.21

National Treatment

2. With respect to activities and subject to the reservations set out in its individual national List provided for in Annex 3 to Protocol No. 1, each Party to this Chapter shall grant to the commercial presence set up by a person of other Party to this Chapter within the territory of the former Party treatment not less favourable than the treatment granted in like circumstances to the commercial presences of its own persons set up within its territory.

ARTICLE 8.22

Most-Favoured-Nation Treatment

2. With respect to activities and subject to the reservations set out in its individual national List provided for in Annex 1 to Protocol No. 1, each Party to this Chapter shall grant to the commercial presence set up by a person of the other Party to this Chapter within the territory of the former Party treatment not less favourable than the treatment granted in like circumstances to the commercial presences of persons of any third country.

4. Nothing in this Agreement shall be construed to oblige a Party to this Chapter to provide to the persons of the other Party to this Chapter or their commercial presences benefits or privileges that the former Party is providing or will provide in future:

b) on the basis of the agreements on avoidance of double taxation or other arrangements on taxation issues.

ARTICLE 8.23

Market Access

a) form of the commercial presence, including legal form of the entity:

c) maximum percentage limit on shareholding by the persons of the other Party to this Chapter in the capital of a juridical person of the former Party or on degree of control over such juridical person; or

except for the limitations provided for in the individual national List of the former Party set out in Annex 3 to Protocol No. 1.

ARTICLE 8.24

Performance Requirements

a) to export a given level or percentage of goods or services;

c) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such establishment and/or activities;

e) to transfer a particular technology, a production process, or other proprietary information to persons in the territory of the former Party; or

2. Neither Party to this Chapter shall condition the receipt or continued receipt of an advantage in connection with establishment and/or activities of commercial presences of persons of the other Party to this Chapter set up within the territory of the former Party on compliance with any of the following requirements:

b) to relate in any way the volume or value of imports to the volume or value of exports or to the amount of foreign exchange inflows associated with such establishment and/or activities; or

3. Nothing in paragraph 2 of this Article shall be construed to prevent a Party to this Chapter from conditioning the receipt or continued receipt of an advantage, in connection with establishment and/or activities of the persons of the other Party to this Chapter and/or to commercial presences of that persons set up within the territory of the former Party on compliance with a requirement to locate production, supply a service, train or employ workers, construct or expand particular facilities or carry out research and development, in the territory of the former Party.

5. Subparagraph e) of paragraph 1 of this Article shall not apply:

b) when the requirement is imposed or enforced by a court or relevant authority in accordance with the competition laws and regulations of the Party to this Chapter imposing or enforcing the requirement.

7. This Article is without prejudice to the rules of origin applied by the Parties to this Chapter that are subject to Chapter 4 (Rules of Origin) of this Agreement.

ARTICLE 8.25

Senior Management Boards of Director

SECTION IV. MOVEMENT OF NATURAL PERSONS

ARTICLE 8.26

Scope

a) business visitors;

c) installers or servicers;

e) contractual services supplier.

2. This Section shall not apply to measures affecting natural persons of a Party to this Chapter seeking access to the employment market of the other Party to this Chapter, nor shall it apply to measures regarding citizenship, nationality, residence or employment on a permanent basis.

4. For the purposes of this Section, “temporary entry or stay” means entry or stay by a natural person of a Party to this Chapter, without the intent to reside permanently within the territory of the other Party to this Chapter.

ARTICLE 8.27

Recognition

SECTION V. INVESTMENT

ARTICLE 8.28

Definitions

a) “investment” means any type of asset invested by the investor of a Party to this Chapter in the territory of the other Party to this Chapter in accordance with the latter Party's laws and regulations, that has the characteristics of an investment, including such characteristics as the commitment to capital or other resources, the expectation of profit and assumption of risk, in particular, though not exclusively:

ii. shares, stocks and any other form of participation in capital of a juridical person;

iv. claims to money or claims under contracts having an economic value[3], relating to investments;

vi. goodwill;

Any change of the form in which assets are invested or reinvested shall not affect their character as investments. Such change shall be made in accordance with laws and regulations of the Party to this Chapter in which territory the investments were made.

c) “returns” means the amounts derived from an investment including but not limited to profit dividends, interest, capital gains, royalties and other fees; and

ARTICLE 8.29

Scope

2. Investments of investors of a Party to this Chapter made in the territory of the other Party to this Chapter in the form of establishment and commercial presence, as defined and governed by Section III (Establishment, Commercial Presence and Activities) of this Chapter shall not be covered by Articles 8.30, 8.31, 8.32 and 8.33 of this Agreement.

ARTICLE 8.30

Promotion and Admission of Investments

ARTICLE 8.31

Fair and Equitable Treatment and Full Protection and Security

2. “Fair and equitable treatment” referred to in paragraph 1 of this Article requires, in particular, each Party to this Chapter not to deny justice in any judicial or administrative proceedings.

4. With respect to investments of an investor of the other Party to this Chapter in the territory of the former Party, “fair and equitable treatment” and “full protection and security” referred to in paragraph 1 of this Article do not require treatment more favourable than that accorded to the former Party’s own investors and/or investors of any third country in accordance with its laws and regulations.

ARTICLE 8.32

National Treatment

2. Each Party to this Chapter shall reserve the right in accordance with its laws and regulations to apply and introduce exemptions from national treatment, referred to in paragraph 1 of this Article, to foreign investors and their investments including reinvestements.

ARTICLE 8.33

Most-Favoured-Nation Treatment

2. For greater certainty, this Article shall not apply to international dispute settlement procedures or mechanisms such as those set out in Article 8.38 of this Agreement.

a) in accordance with the economic integration agreements of the former Party; or

ARTICLE 8.34

Compensation for Losses

a) its own investors and their investments; or

ARTICLE 8.35

Expropriation and Compensation

a) for a public purpose;

c) in a non-discriminatory manner; and

2. The determination of whether a measure or series of such measures of either Party to this Chapter have an effect equivalent to nationalisation or expropriation shall require a case-by-case, fact-based inquiry to consider, inter alia:

b) the character of the measure or series of measures of either Party to this Chapter.

a) be paid without undue delay;

c) be paid in a freely usable currency or, if agreed by the investor, in the currency of the expropriating Party to this Chapter and be freely transferable subject to the provisions of Article 8.37 of this Agreement. From the date of expropriation until the date of payment the amount of compensation shall be subject to accrued interest at a commercial rate established on a market basis.

5. Notwithstanding paragraphs 1 through 4 of this Article, expropriation relating to land within the territory of either Party to this Chapter shall be carried out in accordance with the laws and regulations of that Party for a purpose established in accordance with such laws and regulations, and upon payment of compensation, which shall be assessed with due consideration to market value and paid without undue delay, in accordance with the laws and regulations of that Party.

ARTICLE 8.36

Subrogation

2. Where a Party to this Chapter or its designated agency has made a payment to an investor of that Party and has taken over rights and claims of the investor, that investor shall not, unless authorised to act on behalf of that Party or its designated agency making the payment, pursue those rights and claims against the other Party to this Chapter.

ARTICLE 8.37

Transfer of Payments

a) returns;

c) proceeds from sale or full or partial liquidation of investments;

e) wages and other remunerations received by investors and natural persons of the other Party to this Chapter authorised to work in connection with investments in the territory of the former Party.

ARTICLE 8.38

Settlement of Disputes between a Party to this Chapter and Investor of the Other Party to this Chapter

2. The written request submitted by the investor for negotiations referred to in paragraph 1 of this Article shall include:

b) for each claim the specific provisions under this Chapter alleged to have been breached;

d) the relief sought and approximate amount of damages claimed.

a) a competent court of the Party to this Chapter in which territory the investments were made, or

c) arbitration by the International Centre for Settlement of Investment Disputes (hereinafter referred to as “ICSID”), created pursuant to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, opened for signature at Washington on 18 March 1965 (ICSID Convention), provided that both the Party who is a party to the dispute and the Party of the investor are party to the ICSID Convention; or

e) if the parties to a dispute so agree, to any other arbitration institution or under any other arbitration rules.

5. An arbitration award shall be final and binding upon both parties to the dispute. Each Party to this Chapter undertakes to enforce this award in accordance with its laws and regulations.

7. A natural person possessing the nationality of a Party to this Chapter on the date the investments were made may not pursue a claim against that Party under this Article.

CHAPTER 8 bis

STATE OWNED, STATE CONTROLLED ENTERPRISES AND ENTERPRISES WITH SPECIAL OR EXCLUSIVE PRIVILEGES

ARTICLE 8 bis.1

Scope

ARTICLE 8 bis.2

State-Owned, State-Controlled Enterprises and Enterprises with Special or Exclusive Privileges

CHAPTER 9

INTELLECTUAL PROPERTY

ARTICLE 9.1

Objectives

ARTICLE 9.2

Definitions

a) “intellectual property” means copyright and related rights, trademarks, geographical indications (including appellations of origin of goods), inventions (including utility solutions), utility models, industrial designs, layout designs (topographies) of integrated circuits, plant varieties and undisclosed information;

c) “appellation of origin of goods” means a geographical denomination that constitutes or contains contemporary or historical, official or unofficial, full or abbreviated name of a country, region or locality or other geographical area, which became known through its use in the country of origin in relation to the goods, the quality and characteristics of which are exclusively or essentially determined by the geographical environment, including natural and human factors;

e) “pirated copyright goods” means goods which are copies made without the consent of the right holder or person duly authorised by the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or a related right under the laws and regulations of the country of importation.

ARTICLE 9.3

International Agreements

a) the Paris Convention for the Protection of Industrial Property of 20 March 1883 (hereinafter referred to as “the Paris Convention”);

c) the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 26 October 1961 (the Rome Convention);

e) the Madrid Agreement Concerning the International Registration of Marks of 14 April 1891 and the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks of 27 June 1989; and

2. The Parties which are not party to one or more of the international agreements listed below shall endeavour to join:

b) the WIPO Copyright Treaty of 20 December 1996;

d) the Singapore Treaty on the Law of Trademarks of 27 March 2006.

a) the Strasbourg Agreement Concerning the International Patent Classification of 24 March 1971;

c) the Locarno Agreement Establishing an International Classification for Industrial Designs of 8 October 1968.

ARTICLE 9.4

National Treatment

ARTICLE 9.5

Most-Favoured-Nation Treatment

ARTICLE 9.6

Copyright and Related Rights

2. Each Party shall aim to ensure that its respective laws and regulations guarantee the effective protection and provide enforcement of copyright and related rights in the digital environment.

ARTICLE 9.7

Trademarks

ARTICLE 9.8

Geographical Indications/Appellations of Origin of Goods

2. The provisions of appellations of origin of goods in this Chapter shall apply to a denomination which allows to identify a good as originating in the territory of a particular geographical area and although it does not contain the name of the area, which became known as a result of using this denomination in respect of the goods, the quality and characteristics of which meet the requirements provided for in subparagraph c) of Article 9.2 of this Agreement.

4. In respect of geographical indications and/or appellations of origin of goods, the Parties shall provide the legal means for an interested person of the other Party to prevent:

b) any use which constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention.

6. In order to protect the interests of their producers, the Parties shall exchange lists of geographical indications and/or appellations of origin of goods registered by them in respect of goods produced in their territories. The Parties may also agree to exchange the lists of geographical indications protected by other legal means. The relevant procedures for such exchange shall be determined by the competent authorities of the Parties by means provided for in Article 9.17 of this Agreement. The Parties may agree to enter into negotiations on mutual protection of geographical indications and/or appellations of origin of goods subject to their respective laws and regulations and policy, availability of resources and willingness of each Party.

ARTICLE 9.9

Inventions and Utility Models

2. Utility models shall be protected in accordance with the respective laws and regulations of the Parties and the Paris Convention.

ARTICLE 9.10

Industrial Designs

ARTICLE 9.11

Layout Designs (Topographies) of Integrated Circuits

ARTICLE 9.12

New Varieties of Plants

ARTICLE 9.13

Undisclosed Information

ARTICLE 9.14

Protection against Unfair Competition

ARTICLE 9.15

Enforcement of Intellectual Property Rights

ARTICLE 9.16

Border Measures

2. Each Party shall, unless otherwise provided for in this Agreement, adopt procedures to enable a right holder, who has valid grounds for suspecting that importation or exportation is carried out with counterfeit trademark goods, counterfeit geographical indication and appellation of origin goods, pirated copyright goods, to lodge an application to customs authorities claiming to apply measures of intellectual properly rights protection provided that importation or exportation in question infringes an intellectual property right under the laws and regulations of the country where the goods are found.

4. The Parties are encouraged to exclude from the application of the above provisions small quantities of goods of a non-commercial nature contained in travellers’ personal luggage.

ARTICLE 9.17

Competent Authorities, Contact Points and Information Exchange

2. The Parties shall promptly inform each other of any change in the contact points or any significant change in the structure or competence of their competent authorities.

4. With a view to strengthening their cooperation links, the Parties agree to communicate in writing and/or promptly hold expert meetings, upon request of either Party and taking into account the financial capacity of the Parties, on matters related to the international agreements referred to in this Chapter or to future international agreements in the field of intellectual property, to membership in international organisations, such as the World Trade Organization and the World Intellectual Property Organization, as well as to relations of the Parties with third countries on matters concerning intellectual property and to other issues relating to the implementation of this Chapter.

CHAPTER 10

GOVERNMENT PROCUREMENT

ARTICLE 10.1

Cooperation

2. The Parties shall cooperate for the purposes of improving transparency, promoting fair competition and the use of electronic technologies in the field of government procurement.

4. The cooperation activities shall include the exchange of, where appropriate, non-confidential information, consultations, as provided for in Article 10.3 of this Agreement, and technical assistance.

a) facilitating participation of suppliers in government procurement, in particular, with respect to small and medium enterprises;

c) developing and expanding the use of electronic means in government procurement systems;

e) institutional strengthening for the fulfilment of the provisions of this Chapter; and

6. The Parties shall develop further cooperation based on mutual experience in the field of government procurement, including electronic forms of procurement.

ARTICLE 10.2

Information on the Procurement System

2. The Parties shall exchange the lists of media resources in which the Parties publish relevant information on government procurement.

4. Each Party may expand the content of the government procurement information and the scope of the services provided through electronic means.

ARTICLE 10.3

Consultations

2. Each Party shall accord sympathetic consideration to and shall afford adequate opportunity for consultations regarding the implementation of this Chapter.

4. Consultations may be conducted in person or via email, teleconference, videoconference, or any other means, as agreed by the Parties.

ARTICLE 10.4

Non-Application of Chapter 14 (Dispute Settlement)

ARTICLE 10.5

Contact Points

2. The Parties shall provide each other with the names and contact details of their contact points.

ARTICLE 10.6

Further Negotiations

CHAPTER 11

COMPETITION

ARTICLE 11.1

Basic Principles

2. Each Party shall, in accordance with its respective laws and regulations, take measures which it considers appropriate by proscribing anti-competitive business conduct, in order to promote the efficient functioning of its respective market and consumer welfare.

ARTICLE 11.2

Anti-Competitive Practices

a) all agreements between enterprises, decisions by associations of enterprises and concerted practices between enterprises which have as their object or effect the prevention, restriction or distortion of competition;

c) unfair competition.

ARTICLE 11.3

Cooperation

a) exchange of experience regarding the promotion and enforcement of competition law and policy;

c) any other form of cooperation as agreed by the Parties.

a) if a Party considers that its interests are affected in the territory of the other Party in the sense of Article 11.2 of this Agreement, it may request that the other Party initiates appropriate enforcement activities. Such request shall take place if possible at an early stage of the anti­competitive practice under Article 11.2 of this Agreement and should be of sufficient detail;

c) if enforcement activities are initiated or expanded, the requested Party shall inform the requesting Party of their outcome and, to the extent possible, of significant interim developments; and

ARTICLE 11.4

Consultations

2. During the consultations in accordance with this Article, the requested Party shall provide full and sympathetic consideration to the matter that is the subject of consultations within a reasonable period of time. Both Parties shall aspire to reach consensus on the issue of concern through constructive dialogues.

ARTICLE 11.5

Use of Information

2. Notwithstanding any other provision of this Chapter, neither Party is required to communicate information to the other Party if such communication is prohibited by their respective laws and regulations.

ARTICLE 11.6

Non-Application of Chapter 14 (Dispute Settlement)

ARTICLE 11.7

Contact Points

2. The Parties shall exchange information containing the names of the designated competent authorities that shall act as their contact points and the contact details of relevant officials in such organisations, including telephone and facsimile numbers, email addresses and other relevant details.

CHAPTER 12

SUSTAINABLE DEVELOPMENT

ARTICLE 12.1

Objectives

a) strengthen cooperation on environmental and labour issues; and

2. The Parties recognise that economic development, social development and environmental protection are interdependent and mutually supportive components of sustainable development.

ARTICLE 12.2

Scope

ARTICLE 12.3

General Principles

2. The Parties recognise the need to strengthen cooperation with the aim of resolving environmental and labour issues of bilateral, regional and global concerns.

4. The Parties may recognise the significance of taking into account scientific, technical and other information as well as relevant and commonly recognised international standards when preparing and implementing measures aimed at protecting the environment and labour that affect trade between the Parties.

ARTICLE 12.4

Upholding Levels of Protection

2. Each Party shall endeavour to ensure that its environmental and labour laws and regulations, policies and practices are not used for the purposes of trade protectionism.

ARTICLE 12.5

Environmental and Labour Cooperation

2. The Parties shall endeavour to expand their cooperation in bilateral, regional, and multilateral fora on environmental and labour issues, recognising that such cooperation will help them achieve their shared environmental and labour goals and objectives, including the development and improvement of environmental and labour protection, practices, and technologies.

a) exchange of knowledge and experiences;

c) organisation of joint workshops;

e) development and implementation of joint research, projects and other relevant activities in areas of mutual interest.

a) resolving trade-related environmental problems;

c) training and education on environment and climate change issues and environmental protection;

e) technical assistance and joint/cooperation projects on human resources development and social security policy aimed at creating decent work conditions or on the protection of the environment;

g) exchange of information, technology and experience in areas of environmental standards and models, training and education;

i) technical assistance and joint regional research programmes.

ARTICLE 12.6

Environmental and Labour Consultations

2. The purpose of the consultations is to seek a mutually agreed solution to the matter. The Parties shall make every effort to arrive at a mutually satisfactory outcome, including by considering appropriate cooperation activities to resolve the matter. The Parties may agree to seek advice or assistance from domestic experts they deem appropriate.

ARTICLE 12.7

International Labour Standards and Agreements

2. The Parties reaffirm their commitment under the Ministerial Declaration of the UN Economic and Social Council on Full Employment and Decent Work of 2006 to recognise full and productive employment and decent work for all as a key element of sustainable development for all countries and as a priority objective of international cooperation and to promote the development of international trade in a way that is conducive to full and productive employment and decent work for all.

ARTICLE 12.8

Review of Sustainability Impacts

ARTICLE 12.9

Non-Application of Chapter 14 (Dispute Settlement)

CHAPTER 13

ELECTRONIC TECHNOLOGIES IN TRADE

ARTICLE 13.1

Scope and Coverage

2. This Chapter shall apply to measures taken by a Party relating to:

b) electronic commerce as defined in paragraph b) of Article 13.2 of this Agreement.

a) central, regional or local governments and authorities; and

4. In fulfilling its obligations and commitments under this Chapter, each Party shall take such reasonable measures as may be available to it to ensure the observance of such obligations and commitments by regional and local governments and authorities and non-governmental bodies within its territory.

ARTICLE 13.2

Definitions

a) “digital certificate” means an electronic document issued by an authorised organisation, containing information confirming that the particular digital signature belongs to a certain person;

c) “electronic document” means a document where information is presented in an electronic form which can be certified by means of a digital signature;

e) “electronic technologies” means a combination of software and hardware that provides interaction between the persons of the Parties using an electronic document;

g) “trusted third party” means an organisation vested with the rights in accordance with the domestic laws and regulations of each Party to verify a digital signature in a digitally signed electronic document at a fixed time with regard to author and/or recipient of electronic document.

ARTICLE 13.3

Electronic Authentication

ARTICLE 13.4

Use of Electronic Documents

a) not to adopt or maintain domestic laws and regulations containing the requirement to confirm the authenticity of the transactions made in electronic form by presenting documents in paper form; and

2. The Parties shall endeavour to ensure that in cases where any document is required for the importation of a product, a participant of trade transaction could receive such document confirming that the product is imported in accordance with the requirements of the importing country in electronic form.

ARTICLE 13.5

Private Data Protection

ARTICLE 13.6

Cooperation on Electronic Technologies in Trade

2. The Parties recognise the necessity of participation in bilateral, regional and multilateral fora on establishing legal frameworks regulating electronic commerce.

ARTICLE 13.7

Electronic Commerce Development

a) endeavour to develop the legal frameworks for electronic commerce using relevant international standards on data collection and in conformity with international practices including, where possible, decisions on electronic commerce taken within the framework of the WTO;

c) promote the adoption of transparent and appropriate measures to protect consumers from fraudulent and deceptive commercial practices when they engage in electronic commerce; and

ARTICLE 13.8

Implementing Arrangements

2. The Parties through the relevant competent authorities shall take all necessary actions to apply the implementing arrangements within a jointly determined reasonable period of time.

CHAPTER 14

DISPUTE SETTLEMENT

ARTICLE 14.1

Objectives

ARTICLE 14.2

Definitions

a) “Arbitral Panel” means an Arbitral Panel established pursuant to Article 14.7 of this Agreement; and

ARTICLE 14.3

Scope and Coverage

2. Disputes regarding the same matter between the same disputing Parties arising under both this Agreement and the WTO Agreement may be settled in either forum at the discretion of the complaining Party. The forum thus selected shall be used to the exclusion of the other.

4. For the purposes of paragraph 2 of this Article, dispute settlement procedures under the WTO Agreement are deemed to be initiated by a disputing Party’s request for the establishment of a panel under Article 6 of the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, whereas dispute settlement procedures under this Agreement are deemed to be initiated upon a request for arbitration pursuant to paragraph 1 of Article 14.7 of this Agreement.

ARTICLE 14.4

Information Exchange and Amicus Curiae

2. Any Member State of the Eurasian Economic Union and the Eurasian Economic Union having substantial interest in a matter in dispute may have an opportunity to be heard and to make written submissions to the Arbitral Panel as amicus curiae.

ARTICLE 14.5

Good Offices, Conciliation or Mediation

2. If the disputing Parties so agree, good offices, conciliation or mediation may continue while the proceedings of the Arbitral Panel provided for in this Chapter are in progress.

ARTICLE 14.6

Consultations

2. A request for consultations shall be submitted in writing to the responding Party through its contact point or contact points designated in accordance with Article 1.7 of this Agreement as well as to the Joint Committee and shall give the reasons for the request, including identification of any measure or other matter at issue and an indication of the legal basis for the complaint.

a) reply to the request in writing within 10 days from the date of its receipt; and

4. Periods of time specified in paragraph 3 of this Article may be changed by agreement of the disputing Parties.

6. A disputing Party may request the other disputing Party to make available for the consultations experts from its governmental agencies or other regulatory bodies who have expertise in the matter under consultations.

ARTICLE 14.7

Establishment of Arbitral Panel

a) if the responding Party does not comply with the periods of time in accordance with paragraph 3 or 4 of Article 14.6 of this Agreement;

c) if the disputing Parties jointly consider that consultations have failed to settle the dispute during the period of time specified in subparagraph b) of this paragraph.

3. The request for the establishment of an Arbitral Panel shall be made in writing to the responding Party through its contact points designated in accordance with Article 1.7 of this Agreement as well as to the Joint Committee. It shall indicate whether consultations were held, identify the specific measures at issue and provide a brief summary of the legal basis of the complaint sufficient to present the problem clearly.

ARTICLE 14.8

Appointment of Arbitrators

2. Within 30 days of receipt of the request to establish an Arbitral Panel by the responding Party, each disputing Party shall appoint an arbitrator. Within 15 days of the appointment of the second arbitrator, the appointed arbitrators shall choose by mutual agreement the chair of the Arbitral Panel who shall not fall under any of the following disqualifying criteria:

b) having usual place of residence in the territory of Viet Nam or a Member State of the Eurasian Economic Union.

4. All arbitrators shall:

b) be chosen strictly on the basis of objectivity, impartiality, reliability and sound judgment;

d) disclose to the disputing Parties any direct or indirect conflicts of interest in respect of the matter at hand.

6. If an arbitrator appointed under this Article resigns or becomes unable to act, a successor arbitrator shall be appointed within 15 days in accordance with the procedure as prescribed for the appointment of the original arbitrator and the successor shall have all the powers and duties of the original arbitrator. Any period of time applicable to the proceeding shall be suspended beginning on the date the arbitrator resigns or becomes unable to act and ending on the date a replacement is selected.

8. The requirements and procedures specified in this Article may be changed by mutual agreement of the disputing Parties.

ARTICLE 14.9

Functions of Arbitral Panel

2. The findings and rulings of an Arbitral Panel cannot add to or diminish the rights and obligations of the Parties provided for in this Agreement.

ARTICLE 14.10

Proceedings of Arbitral Panel

2. Subject to paragraph 1 of this Article, the Arbitral Panel shall regulate its own procedures in relation to the rights of the disputing Parties to be heard and its deliberations in consultation with the disputing Parties. The disputing Parties in consultation with the Arbitral Panel may agree to adopt additional rules and procedures not inconsistent with the provisions of this Article.

4. Upon request of a disputing Party or on its own initiative, the Arbitral Panel may, at its discretion, seek information and/or technical advice from any individual or body which it deems appropriate. However, before the Arbitral Panel seeks such information and/or advice, it shall inform the disputing Parties. Any information and/or technical advice so obtained shall be submitted to the disputing Parties for comment. Where the Arbitral Panel takes the information and/or technical advice into account in the preparation of its report, it shall also take into account any comment by the disputing Parties on the information and/or technical advice.

6. The Arbitral Panel shall meet in closed session. The disputing Parties shall be present at the meetings only when invited by the Arbitral Panel to appear before it.

8. The disputing Parties shall be given the opportunity to attend any of the presentations, statements or rebuttals in the proceedings. Any information provided or written submission made by a disputing Party to the Arbitral Panel, including any comment on the descriptive part of the initial report and response to the questions put by the Arbitral Panel, shall be made available to the other disputing Party.

10. Nothing in this Chapter shall preclude a disputing Party from disclosing statements of its own positions to the public. A disputing Party shall treat as confidential information submitted by the other disputing Party to the Arbitral Panel which that other disputing Party has designated as confidential. A disputing Party shall also, upon request of a Party, provide a non-confidential summary of the information contained in its written submissions that could be disclosed to the public.

ARTICLE 14.11

Terms of Reference of Arbitral Panel

“To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an Arbitral Panel pursuant to Article 14.7 of this Agreement and to make findings and rulings of law and fact together with the reasons therefore for the resolution of the dispute.”.

ARTICLE 14.12

Termination or Suspension of Proceedings

2. The Arbitral Panel shall, upon the joint request of the disputing Parties, suspend its work at any time for a period not exceeding 12 consecutive months from the date of receipt of such joint request. In such event, the disputing Parties shall jointly notify the chair of the Arbitral Panel. Within this period, either disputing Party may authorise the Arbitral Panel to resume its work by notifying the chair of the Arbitral Panel and the other disputing Party. In that event, all relevant periods of time set out in this Chapter shall be extended by the amount of time that the work was suspended for. If the work of the Arbitral Panel has been suspended for more than 12 consecutive months, the Arbitral Panel shall be terminated. The authority for establishment of a new Arbitral Panel by the original disputing Parties on the same matter referred to in the request for the establishment of the original Arbitral Panel shall lapse unless the disputing Parties agree otherwise.

ARTICLE 14.13

Reports of Arbitral Panel

2. The Arbitral Panel shall issue its initial report within 90 days, or 60 days in cases of urgency, including those concerning perishable goods, from the date of establishment of the Arbitral Panel. The initial report shall contain, inter alia, both the descriptive sections and the Arbitral Panel’s findings and conclusions.

4. A disputing Party may submit written comments on the initial report to the Arbitral Panel within 15 days of receiving the initial report unless the disputing Parties agree otherwise.

6. If in its final report, the Arbitral Panel finds that a disputing Party’s measure does not conform with this Agreement, it shall include in its findings and rulings a requirement to remove the non-conformity.

8. The final report of the Arbitral Panel shall be final and binding for the disputing Parties with regard to a particular dispute.

ARTICLE 14.14

Implementation

2. Where there is disagreement between the disputing Parties as to whether a disputing Party has eliminated the non-conformity as determined in the report of the Arbitral Panel within the reasonable period of time as determined pursuant to this Article, the other disputing Party may refer the matter to the original Arbitral Panel.

4. The disputing Parties may at all times continue to seek mutually satisfactory resolution on the implementation of the final report of the Arbitral Panel.

ARTICLE 14.15

Compensation and Suspension of Benefits

2. In considering what benefits to suspend, a disputing Party should first seek to suspend benefits in the same sector or sectors as that affected by the measure that the Arbitral Panel has found not to be in conformity with this Agreement. If such disputing Party considers that it is not practicable or effective to suspend benefits in the same sector or sectors it may suspend benefits in other sectors.

4. Compensation and/or suspension of benefits shall be temporary and shall not be preferred to full elimination of the non-conformity as determined in the final report of the Arbitral Panel. Compensation and/or suspension shall only be applied by a disputing Party until the measure found not to be in conformity with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the disputing Parties have resolved the dispute otherwise.

ARTICLE 14.16

Expenses

a) each disputing Party shall bear the costs of its appointed arbitrator, its own expenses and legal costs; and

2. Upon request of a disputing Party, the Arbitral Panel may decide on the expenses referred to in subparagraph b) of paragraph 1 of this Article taking into account the particular circumstances of the case.

ARTICLE 14.17

Language

2. Any document submitted for use in the proceedings pursuant to this Chapter shall be in the English language. If any original document is not in the English language, the disputing Party submitting it shall provide it shall provide an English language translation of such document.

CHAPTER 15

FINAL PROVISIONS

ARTICLE 15.1

Annexes

ARTICLE 15.2

Accession

2. The Eurasian Economic Commission shall promptly notify Viet Nam of any third country receiving the status of the candidate for membership in the Eurasian Economic Union and of any accession to the Eurasian Economic Union.

4. Viet Nam and the candidate Member State of the Eurasian Economic Union shall endeavour to complete the negotiations envisaged in paragraph 3 of this Article prior to the candidate Member State becoming a Member State of the Eurasian Economic Union.

ARTICLE 15.3

Withdrawal and Termination

2. This Agreement shall terminate for any Member State of the Eurasian Economic Union which withdraws from the Treaty on the EAEU on the same date as the withdrawal takes effect. Viet Nam shall be notified in writing by the Eurasian Economic Union of such withdrawal six months in advance.

ARTICLE 15.4

Evolutionary Clause

2. The Parties shall undertake a general review of this Agreement with a view to furthering its objectives in three years after the date this Agreement enters into force, and every five years thereafter, unless the Parties agree otherwise.

ARTICLE 15.5

Amendments

2. Amendments shall enter into force according to the provisions of Article 15.6 of this Agreement. All amendments shall constitute an integral part of this Agreement.

ARTICLE 15.6

Entry into Force

2. Lack of written notification certifying that the Kyrgyz Republic has completed its respective internal legal procedures referred to in paragraph 1 of this Article shall not prevent this Agreement from entry into force between Viet Nam, of the one part, and the Eurasian Economic Union, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, of the other part. This Agreement shall enter into force for the Kyrgyz Republic after 60 days from the date of receipt by Viet Nam of the written notification that the Kyrgyz Republic has completed internal legal procedures necessary for entry into force of this Agreement and not earlier than the entry into force of the Treaty on the Accession of the Kyrgyz Republic to the Treaty on the EAEU of 23 December 2014.

Done at Burabay, this 29^th day of May 2015, in two originals in the English language, both texts being equally authentic.