1.   Following the decision of the Union to invite Viet Nam to participate in an EU crisis management operation, Viet Nam shall, in the implementation of this Agreement, communicate the decision of its competent authority regarding its participation, including its proposed contribution, to the European Union.

2.   The assessment by the Union of the proposed contribution by Viet Nam shall be conducted in consultation with the latter.

3.   The Union shall provide Viet Nam with an early indication of the likely contribution to the common costs of the operation as soon as possible with a view to assisting Viet Nam in the formulation of its offer.

4.   The Union shall communicate the outcome of its assessment and decision on the proposed Viet Nam’s contribution to Viet Nam in writing, with a view to securing the participation of Viet Nam, in accordance with the provisions of this Agreement.

5.   The offer by Viet Nam pursuant to paragraph 1, and its acceptance by the EU pursuant to paragraph 4, shall constitute the basis for the application of this Agreement to each specific crisis management operation.

6.   Viet Nam may, on its own initiative or at the request of the Union, and following consultations between the Parties, withdraw wholly or in part, at any time, from participation in an EU crisis management operation.

1.   Viet Nam shall associate itself with the relevant Council Decision by which the Council of the European Union decides that the Union will conduct a crisis management operation, and with any other Decision by which the Council of the European Union decides to extend an EU crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.

2.   The contribution of Viet Nam to an EU crisis management operation shall be without prejudice to the decision-making autonomy of the Union.

1.   The status of personnel seconded to an EU civilian crisis management operation and/or of the forces contributed to an EU military crisis management operation by Viet Nam shall be governed by the relevant agreement on the status of forces/mission, if such is concluded, or by any other arrangement between the Union and the State(s) in which the operation is conducted. Viet Nam shall be informed thereof.

2.   The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis management operation takes place shall be governed by arrangements between the headquarters and command elements concerned and the competent authorities of Viet Nam.

3.   Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, Viet Nam shall exercise jurisdiction over its personnel participating in the EU crisis management operation. Where the forces of Viet Nam operate on board of a vessel or aircraft of a Member State of the European Union, that Member State may exercise jurisdiction subject to any existing and/or future agreements, and in accordance with its laws and regulations and with international law.

4.   Viet Nam shall be responsible for answering any claims linked to the participation in an EU crisis management operation, from or concerning any of its personnel and shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations.

5.   The Parties agree to waive any and all claims, other than contractual claims, against each other for damage to, loss of, or destruction of assets owned or operated by either Party, or injury or death of personnel of either Party, arising out of the performance of their official duties in connection with activities under this Agreement, except in the case of gross negligence or wilful misconduct. Any case of gross negligence or wilful misconduct shall be settled by diplomatic means between the Parties.

6.   Viet Nam undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which Viet Nam participates, and to do so when signing this Agreement.

7.   The Union undertakes to ensure that the Member States of the European Union make a declaration as regards the waiver of claims for any future participation of Viet Nam in an EU crisis management operation, and to do so when signing this Agreement.

1.   Viet Nam shall take appropriate measures to ensure that EU classified information is protected in accordance with the Council security rules for protecting EU classified information, contained in Council Decision 2013/488/EU (1), and in accordance with further guidance issued by competent authorities, including by the EU Operation Commander concerning an EU military crisis management operation, or by the Head of Mission concerning an EU civilian crisis management operation.

2.   Where the Parties conclude an agreement on security procedures for the exchange of classified information, such agreement shall apply in the context of an EU crisis management operation.

1.   Viet Nam:

2.   Personnel seconded by Viet Nam to an EU civilian crisis management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by its competent authority, and shall produce a copy of that certification.

3.   Personnel seconded by Viet Nam shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind and adhering to the highest standards of behaviour set out in the policies applicable to EU civilian crisis management operations.

1.   All Viet Nam’s personnel participating in an EU civilian crisis management operation shall remain under the full command of Viet Nam’s authorities.

2.   The EU Civilian Operation Commander shall exercise operational control over all personnel participating in an EU civilian crisis management operation. Implementing arrangements to this effect shall be entered into prior to deployment by the EU Civilian Operation Commander and Viet Nam’s authorities.

3.   The Civilian Operation Commander shall assume responsibility and exercise command and control of the EU civilian crisis management operation at strategic level.

4.   The Head of Mission shall assume responsibility and exercise command and control of the EU civilian crisis management operation at theatre level and assume its day-to-day management.

5.   Viet Nam shall have the same rights and obligations in terms of day-to-day management of the operation as the Member States of the European Union taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).

6.   The Head of Mission shall be responsible for disciplinary control over the personnel of the EU civilian crisis management operation. Viet Nam shall be responsible for taking any action, including legal or disciplinary, against any of its personnel in accordance with its laws, regulations and policies.

7.   A National Contingent Point of Contact (‘NPC’) shall be appointed by Viet Nam to represent its national contingent in the operation. The NPC shall report to the Head of Mission on matters affecting the operation and shall be responsible for the day-to-day discipline of the contingent of Viet Nam.

8.   The decision to end the operation shall be taken by the Union, following consultation with Viet Nam if it is still contributing to the EU civilian crisis management operation at the date of termination of the operation.

1.   Without prejudice to Article 8, Viet Nam shall assume all the costs associated with its participation in an EU civilian crisis management operation apart from the running costs, as set out in the operational budget of the operation.

2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, issues of possible liability and compensation by Viet Nam shall be governed by the conditions set out in the applicable agreement on the status of mission referred to in Article 3(1) or any alternative applicable provisions.

1.   Subject to paragraph 4 of this Article, including with regard to the own capabilities of Viet Nam, and following the decision of Viet Nam to participate in an EU civilian crisis management operation in accordance with Article 1(5), Viet Nam is willing to contribute to the financing of the operational budget of the EU civilian crisis management operation concerned.

2.   Such contribution to the operational budget shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:

3.   Notwithstanding paragraphs 1 and 2, Viet Nam shall not make any contribution towards the financing of per diem allowances paid to personnel of the Member States of the European Union.

4.   Notwithstanding paragraph 1 above, the Union shall, in principle, exempt Viet Nam from financial contributions to a particular EU civilian crisis management operation when:

5.   Subject to paragraph 1, any arrangement on the payment of the contributions of Viet Nam to the operational budget of an EU civilian crisis management operation shall be signed between the competent authorities of the Parties and shall, inter alia, include the following provisions on:

1.   Viet Nam shall ensure that its forces and personnel participating in an EU military crisis management operation undertake their mission in accordance with:

2.   Viet Nam shall inform the EU Operation Commander in due time of any change to its participation in the operation.

3.   Personnel seconded by Viet Nam shall carry out their duties and conduct themselves solely with the interests of the EU military crisis management operation in mind and adhering to the highest standards of behaviour set out in the policies applicable to EU military crisis management operations.

1.   All Viet Nam’s forces and personnel participating in an EU military crisis management operation shall remain under the full command of Viet Nam’s authorities.

2.   The EU Operation Commander shall exercise Operational and Tactical command and/or control of all forces and personnel of States participating in an EU military crisis management operation. Implementing arrangements to that effect shall be entered into prior to deployment by the EU Operation Commander and Viet Nam’s authorities.

3.   Viet Nam shall have the same rights and obligations in terms of the day-to-day management of the operation as the Member States of the European Union taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).

4.   The EU Operation Commander may, following consultations with Viet Nam, at any time request the withdrawal of the contribution by Viet Nam.

5.   A Senior Military Representative (‘SMR’) shall be appointed by Viet Nam to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for the day-to-day discipline of the contingent of Viet Nam.

1.   Without prejudice to Article 12 of this Agreement, Viet Nam shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1), as well as in Council Decision (CFSP) 2015/528 (2).

2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, issues of possible liability and compensation by Viet Nam shall be governed by the conditions set out in the applicable agreement on the status of forces referred to in Article 3(1) or any applicable alternative provisions.

1.   Subject to paragraph 3 of this Article, including with regard to the own capabilities of Viet Nam, and following the decision of Viet Nam to participate in an EU military crisis management operation in accordance with Article 1(5), Viet Nam is willing to contribute to the financing of the common costs of the EU military crisis management operation concerned.

2.   Such contribution to the common costs shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:

Where the formula under point (b) is used, and Viet Nam contributes personnel to the Operation or Force Headquarters only, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. In other cases, the ratio shall be that of all personnel contributed by Viet Nam to that of the total personnel of the operation.

3.   Notwithstanding paragraph 1 above, the Union shall, in principle, exempt Viet Nam from financial contributions to a particular EU military crisis management operation when:

4.   Subject to paragraph 1, any arrangements for the payment of the contributions of Viet Nam to the common costs shall be concluded between the competent authorities of the Parties and shall include, inter alia, the following provisions on:

1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal legal procedures necessary for the entry into force of this Agreement.

2.   This Agreement shall be reviewed upon the request of either Party.

3.   This Agreement may be amended on the basis of a mutual written agreement between the Parties. The amendments shall enter into force in accordance with the procedure laid down in paragraph 1.

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