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Document 02016A1203(02)-20171201
Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part
Consolidated text: Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part
Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part
ELI: http://data.europa.eu/eli/agree_internation/2016/2117/2017-12-01
02016A1203(02) — EN — 01.12.2017 — 001.001
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FRAMEWORK AGREEMENT (OJ L 329 3.12.2016, p. 8) |
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21.12.2016 |
FRAMEWORK AGREEMENT
on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part
THE EUROPEAN UNION,
hereinafter referred to as ‘the Union’
and
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
THE REPUBLIC OF HUNGARY,
MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union,
hereinafter referred to as the ‘Member States’,
of the one part, and
THE SOCIALIST REPUBLIC OF VIET NAM,
hereinafter referred to as ‘Viet Nam’,
of the other part,
Hereinafter jointly referred to as ‘the Parties’,
CONSIDERING the traditional links of friendship between the Parties and the close historical, political and economic ties which unite them,
WHEREAS the Parties attach particular importance to the comprehensive nature of their mutual relationship, as demonstrated, inter alia, by the Vietnamese ‘Master Plan for relations between Viet Nam and the European Union until 2010 and orientations towards 2015’ of 2005 and the ensuing discussions between the Parties,
WHEREAS the Parties consider that this Agreement forms part of a wider and coherent relationship between them through agreements to which both sides are parties together,
REAFFIRMING their commitment to the general principles of the international law and the purposes and principles of Charter of the United Nations, and the respect for democratic principles and human rights,
REAFFIRMING their respect for the independence, sovereignty, territorial integrity and national unity of the Socialist Republic of Viet Nam,
REAFFIRMING their attachment to the principle of good governance and the fight against corruption,
REAFFIRMING their desire to promote economic and social progress for their peoples, taking into account the principle of sustainable development and environmental protection requirements,
CONSIDERING that the International Criminal Court constitutes an important development for peace and international justice, which aims at the effective prosecution of the most serious crimes of concern to the international community,
WHEREAS the Parties share the view that the proliferation of weapons of mass destruction (WMD) poses a major threat to international security and wish to strengthen their dialogue and cooperation in this area. The adoption by consensus of United Nations Security Council (UNSC) Resolution 1540 underlies the commitment of the whole international community to fight against the proliferation of weapons of mass destruction,
RECOGNISING the need to strengthen disarmament as well as non-proliferation commitments under international obligations applicable to the Parties,
EXPRESSING their full commitment to fighting all forms of terrorism in conformity with international law, including human rights law and humanitarian law, and to establishing effective international cooperation and instruments to ensure their eradication, and recalling the relevant UNSC Resolutions,
RECOGNISING the importance of the Cooperation Agreement of 7 March 1980 between the European Economic Community and Indonesia, Malaysia, the Philippines, Singapore and Thailand — member countries of the Association of South-East Asian Nations (ASEAN) — and which was extended to Viet Nam in 1999, as well as the Cooperation Agreement between the European Community and the Socialist Republic of Viet Nam of 17 July 1995,
RECOGNISING the importance of strengthening the existing relationship between the Parties with a view to enhancing cooperation between them, and their common will to consolidate, deepen and diversify their relations in areas of mutual interest on the basis of sovereignty, equality, non-discrimination, respect for the natural environment and mutual benefit,
RECOGNISING Viet Nam's status as a developing country and taking account of the Parties' respective levels of development,
RECOGNISING the significant importance of development cooperation to developing countries, especially the low-income and lower middle-income developing countries, for their sustained economic growth, sustainable development and timely and full realisation of the internationally agreed development goals, including the United Nations' Millennium Development Goals,
RECOGNISING the progress made by Viet Nam towards achieving the Millennium Development Goals and in the implementation of its Strategy for Socio-Economic Development, as well as its current level of development as a low income developing country,
WHEREAS the Parties attach particular importance to the principles and rules which govern international trade contained in the Agreement establishing the World Trade Organization (WTO), and the need to apply them in a transparent and non-discriminatory manner,
RECOGNISING that trade plays a significant role in development and the importance of trade preferential programmes,
EXPRESSING their full commitment to promoting sustainable development in all its dimensions, including environmental protection and effective cooperation to combat climate change as well as effective promotion and implementation of internationally recognised labour standards ratified by the Parties,
UNDERLINING the importance of cooperation on migration,
CONFIRMING their desire to enhance, fully in accordance with activities undertaken in a regional framework, the cooperation between the Parties based on shared values and mutual benefit,
NOTING that the provisions of this Agreement that fall within the scope of Part Three, Title V, of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties or, alternatively, as part of the European Union, in accordance with the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. The same applies to Denmark, in accordance with the Protocol (No 22) on the position of Denmark annexed to those Treaties,
HAVE AGREED AS FOLLOWS:
TITLE I
NATURE AND SCOPE
Article 1
General Principles
Article 2
Aims of Cooperation
With a view to strengthening their bilateral relationship, the Parties undertake to hold a comprehensive dialogue and promote further cooperation between them on all sectors of mutual interest. Their efforts will in particular be aimed at:
establishing cooperation bilaterally and in all relevant regional and international fora and organisations;
developing trade and investment between the Parties to their mutual advantage;
establishing cooperation in all trade and investment-related areas of mutual interest, in order to facilitate sustainable trade and investment flows and to prevent and remove obstacles to trade and investment, in a consistent and complementary manner with respect to ongoing and future regional EU-ASEAN initiatives;
working through development cooperation towards eradicating poverty, promoting sustainable development, combating emerging challenges such as climate change and communicable diseases, deepening economic reform and integrating into the world economy;
establishing cooperation in the area of justice and security, including the rule of law and legal cooperation, data protection, migration, combating organised crime, money laundering and illicit drugs;
fostering cooperation in all other sectors of mutual interest, including human rights; economic policy; financial services; taxation; industrial policy and small and medium-sized enterprises; information and communication technologies; science and technology; energy; transport; urban and regional planning and development; tourism; education and training; culture; climate change; environment and natural resources; agriculture, forestry, livestock, fisheries and rural development; health; statistics; labour, employment and social affairs; reform of public administration; associations and non-governmental organisations (NGOs); natural disaster prevention and mitigation; gender equality;
enhancing existing and encourage new participation of both Parties within sub-regional and regional cooperation programmes open to the participation of the other Party;
establishing cooperation on countering the proliferation of weapons of mass destruction and their means of delivery; combating illicit trade in small arms and light weapons in all its aspects; remnants of war;
establishing cooperation on combating terrorism;
raising the roles and profiles of the Parties in each others' regions through various means, including cultural exchanges, use of information technology and education;
promoting people-to-people understanding inter alia through cooperation among entities such as think tanks, academics, business and the media in the form of seminars, conferences, youth interaction and other activities.
Article 3
Cooperation in Regional and International Organisations
Article 4
Bilateral and Regional Cooperation
TITLE II
DEVELOPMENT COOPERATION
Article 5
General Principles
Article 6
Aims of Cooperation
The development cooperation strategies of the Parties shall aim at, inter alia:
achieving sustained economic growth;
promoting human and social development;
promoting institutional reforms and development;
promoting environmental sustainability, regeneration and best practices, and the preservation of natural resources;
preventing and tackling the consequences of climate change;
supporting policies and instruments aimed at the progressive integration into the world economy and trade.
Article 7
Forms of Cooperation
The forms of cooperation between the Parties may include:
development and technical assistance to the programmes and projects as agreed by the Parties;
capacity building through training courses, workshops and seminars, the exchange of experts, studies, and joint research between the Parties;
consideration of other forms of development financing as appropriate;
the exchange of information on best practices of aid effectiveness.
TITLE III
PEACE AND SECURITY
Article 8
Countering the Proliferation of Weapons of Mass Destruction and their Means of Delivery
The Parties furthermore agree to cooperate in and to contribute to countering the proliferation of weapons of mass destruction and their means of delivery by:
taking steps to sign, ratify, or accede to, as appropriate, all other relevant international treaties and agreements, and to fully implement their respective obligations;
establishing, with due regard to each Party's capacity, an effective system of national export controls, controlling the export and transit of WMD-related goods, including a WMD end-use control on dual use technologies and containing effective sanctions for breaches of export controls in line with UNSC Resolution 1540 without affecting normal and legal import and export activities and financial transactions. This may include the provision of assistance, including capacity building.
Article 9
Cooperation in Combating Illicit Trade in Small Arms and Light Weapons (SALW) in All Its Aspects
Article 10
Cooperation in Combating Terrorism
The Parties reaffirm the importance of the fight against terrorism in full respect for the law, including the UN Charter, human rights law, refugee law and international humanitarian law. Within this framework and in accordance with the UN Global Counter-Terrorism Strategy, contained in UN General Assembly Resolution 60/288, and in the EU-ASEAN Joint Declaration of 28 January 2003 on co-operation to combat terrorism, the Parties agree to strengthen cooperation in the prevention and suppression of terrorism.
The Parties shall do so in particular:
in the framework of the full implementation of UNSC Resolution 1373 and other relevant UN resolutions, and taking steps to ratify and fully implement international conventions and instruments on fighting and preventing terrorism;
by establishing under the Joint Committee regular consultations on cooperation on countering and preventing terrorism;
by the exchange of information on terrorist groups and their support networks in accordance with international and national law and, subject to the Parties' programmes and instruments, by providing support for capacity building in countering and preventing terrorism;
by the exchange of views on means and methods used to counter terrorism and incitement of terrorist acts, including in technical fields and training, and by the exchange of experiences in respect of terrorism prevention;
by cooperating so as to deepen the international consensus on the fight against terrorism and its normative framework and by working towards an agreement on the Comprehensive Convention on International Terrorism as soon as possible so as to complement the existing UN counter-terrorism instruments;
by promoting cooperation among UN Member States to effectively implement the UN Global Counter-Terrorism Strategy;
by the exchange of best practices in the area of protection of human rights in the fight against terrorism.
Article 11
Legal Cooperation
TITLE IV
COOPERATION ON TRADE AND INVESTMENT ISSUES
Article 12
General Principles
Article 13
Trade Development
Article 14
Sanitary and Phytosanitary and Animal Welfare Issues
Article 15
Technical Barriers to Trade
Article 16
Cooperation on Customs Matters and Trade Facilitation
The Parties shall:
share experience and best practices in and examine possibilities for simplifying import, export and other customs procedures;
ensure the transparency of customs and trade facilitation regulations;
develop cooperation on customs matters, and effective mutual administrative assistance mechanisms;
seek convergence of views and joint action in the context of relevant international initiatives including trade facilitation.
The Parties will pay special attention to, inter alia:
increasing the security and safety dimension of international trade;
ensuring a more effective and efficient customs enforcement of intellectual property rights;
ensuring a balanced approach between trade facilitation and the fight against fraud and irregularities.
Article 17
Investment
The Parties shall encourage a greater flow of investment through the development of an attractive and stable environment for investment through a consistent dialogue aimed at enhancing understanding and cooperation on investment issues, exploring administrative mechanisms to facilitate investment flows, and promoting stable, transparent, open rules and a level playing field for the Parties' investors.
Article 18
Competition policy
Article 19
Services
The Parties shall establish a regular dialogue notably aimed at exchanging information on their respective regulatory environments with a view to identify best practices, promoting access to each other's markets, including e-commerce, promoting access to sources of capital and technology, and promoting trade in services between both regions and in third countries' markets.
Article 20
Protection of Intellectual Property Rights
Article 21
Enhanced Participation of Economic Actors
Article 22
Consultations
With a view to ensuring security and predictability in their bilateral trade relationship, the Parties agree to consult each other expeditiously and as quickly as possible, upon request by a Party, concerning any matters of difference which may arise in connection with trade or trade related matters under this Title.
TITLE V
COOPERATION IN THE AREA OF JUSTICE
Article 23
Combating Organised Crime
The Parties agree to cooperate combating organised, economic and financial crime as well as corruption. Such cooperation aims in particular at implementing and promoting relevant international standards and instruments, such as the UN Convention against Transnational Organised Crime and its supplementing Protocols and the UN Convention against Corruption, where applicable.
Article 24
Cooperation in Combating Money Laundering and Terrorism Financing
Article 25
Cooperation against Illicit Drugs
Article 26
Protection of Personal Data
TITLE VI
SOCIO-ECONOMIC DEVELOPMENT AND OTHER AREAS OF COOPERATION
Article 27
Cooperation on Migration
Cooperation between the Parties shall be based on a specific needs-assessment conducted in mutual consultation between the Parties and be implemented in accordance with the relevant Union and national legislation in force. Cooperation will focus, inter alia, on:
addressing the root causes of migration;
engaging in a comprehensive dialogue on legal migration, aiming at, as mutually agreed, the setting up of mechanisms for promoting legal migration opportunities;
exchanging experiences and practices regarding the adherence to and implementation of the provisions of the Convention relating to the Status of Refugees, signed on 28 July 1951, and the Protocol thereto, signed on 31 January 1967, especially the principles of ‘non refoulement’ and ‘voluntary repatriation’;
admission rules, as well as the rights and status of persons admitted, fair treatment and integration of lawfully residing non-nationals, education and training, measures against racism and xenophobia;
the establishment of an effective and preventive policy against illegal immigration, smuggling of migrants and trafficking in human beings, including ways to combat networks of smugglers and traffickers and protect the victims of such trafficking;
the return, under humane and dignified conditions, of persons residing illegally including the promotion of their voluntary return, and the readmission of such persons in accordance with paragraph 3;
issues identified as being of mutual interest in the field of visas and security of travel documents;
issues identified as being of mutual interest in the field of border controls;
technical and human capacity building.
Within the framework of the cooperation to prevent and control illegal immigration and without prejudice to the need for protection of victims of human trafficking, the Parties further agree that:
once the Vietnamese nationality of a person to be readmitted has been established by the competent authorities of Viet Nam in accordance with national legislations or relevant existing agreements, Viet Nam shall readmit any of its nationals illegally present on the territory of a Member State, upon request by the competent authorities of the latter and without undue delay;
once the nationality of a person to be readmitted has been established by the competent authorities of the Member State concerned in accordance with national legislations or relevant existing agreements, each Member State shall readmit any of its nationals illegally present on the territory of Viet Nam, upon request by the competent authorities of the latter and without undue delay.
The Parties will provide their nationals with appropriate identity documents for such purposes. When the person to be readmitted does not possess any documents or other proofs of nationality, the competent authorities of the Member State concerned or Viet Nam shall, upon request by Viet Nam or the Member State concerned, make arrangements to interview the person in order to establish nationality.
Article 28
Education and Training
Article 29
Health
Cooperation shall take place mainly on:
programmes aiming at strengthening the health sector, including the improvement of health systems, health services and health conditions as well as social welfare;
joint activities on epidemiology, including collaboration in the early prevention and control of epidemics such as avian and pandemic influenza and other major communicable diseases;
international agreements in health, in particular the Framework Convention on Tobacco Control and the International Health Regulations;
food safety standards, including automatic control network for food imports, as covered by Article 14;
the exchange of information, experience on pharmaceutical and medical equipment policies and regulations, as mutually agreed;
the prevention and control of non-communicable diseases through the exchange of information and good practices, promoting a healthy lifestyle, addressing major health determinants as well as surveillance and management of these diseases.
Article 30
Environment and natural resources
The Parties undertake to continue and strengthen their cooperation specifically as regards:
promoting the active participation of the Parties in the implementation of multilateral environment agreements to which they are parties, including the Basel Convention, the Stockholm Convention and the Rotterdam Convention;
promoting environmental awareness and enhancing local participation, including the participation of indigenous and local communities in environmental protection and sustainable development efforts;
promoting and deploying environmental technologies, products and services, including through the use of regulatory and market-based instruments;
preventing illegal transboundary movements of waste, including hazardous waste and ozone-depleting substances;
improving ambient air quality, environmentally sound management of waste, chemicals safety, sustainable integrated water resource management and promoting sustainable consumption and production;
sustainable development and protection of forests, including the promotion of sustainable forest management, forest certification, measures to combat illegal logging and its associated trade, and the integration of forestry development into local community development;
effective management of national parks and recognition and conservation of biodiversity areas and vulnerable ecosystems, with due regards for local and indigenous communities living in or near these areas;
protecting and preserving coastal and marine environment and promoting the efficient management of marine resources in order to achieve a sustainable marine development;
protecting soil and preserving soil functions and sustainable land management;
enhancing land management capacity, transparent land economics and sound operation of the real estate market, based on the principle of Sustainable Land Management and equitable rights for stakeholders, in order to ensure both effective use and environmental protection for sustainable development.
Article 31
Cooperation on Climate Change
The objectives of the cooperation shall be to:
combat climate change, with the overall goal of a transition to low-carbon economies that are safe and sustainable, through concrete mitigation actions in accordance with the principles of the United Nations Framework Convention on Climate Change (UNFCCC);
improve the energy performances of their economies, by promoting energy efficiency, energy conservation, and the use of safe and sustainable renewable energy, and to move to climate-friendly generation that contributes to laying the foundation for a green energy revolution;
promote Sustainable Consumption and Production (SCP) patterns in their economies, contributing to minimising pressures on the eco-systems, including soils and climate;
adapt to the inevitable and adverse impact of climate change, including the integration of adaptation measures into the Parties' growth and development strategies and planning in all sectors and at all levels.
In order to achieve the objectives set out in paragraph 2, the Parties shall:
intensify policy dialogue and cooperation at the technical level;
promote cooperation on Research and Development (R&D) activities and low-emission technologies;
strengthen cooperation on nationally appropriate mitigation actions, low carbon growth plans, national programmes for adaptation to climate change and on Disasters Risks Reduction;
enhance capacity building and strengthen institutions to address climate change challenges;
promote awareness raising, especially for the most vulnerable populations and those living in vulnerable areas, and facilitate the participation of local communities in response to climate change.
Article 32
Agriculture, Forestry, Livestock, Fisheries and Rural Development
The Parties agree to enhance cooperation, including through strengthened dialogue and the exchange of experience, in agriculture, forestry, livestock, fisheries and rural development, in particular in the following areas:
agricultural policy and international agricultural outlook in general;
facilitation of trade between the Parties in plants and animals and their products, and market development and promotion;
development policy in rural areas;
quality policy for plants, animals and aquatic products, and in particular Protected Geographical Indications and organic production; marketing of quality products, notably organic and geographical indication products (labelling, certification and control);
animal welfare;
development of sustainable and environmentally-friendly agriculture and on the transfer of bio-technologies;
supporting sustainable and responsible long-term marine and fisheries policy including conservation and management of coastal and marine resources;
promoting efforts to prevent and combat illegal, unreported and unregulated fishing practices and illegal logging and trade in forestry products through Forest Law Enforcement, Governance and Trade (FLEGT) and Volunteer Partnership Agreement (VPA);
heredity research, variety selection of animals and plants, including high-quality livestock improvement, and research on feed and nutrition for terrestrial and aquatic animals;
mitigation of negative effects of climate change on agricultural production and poverty reduction in remote and rural areas;
supporting and promoting sustainable forest management, including climate change adaptation and mitigation of negative effects.
Article 33
Cooperation Related to Gender Equality
The Parties shall promote the creation of an adequate framework to:
ensure that gender-related issues are duly incorporated into all development strategies, policies and programmes;
exchange experiences and models in promoting gender equality, and promote the adoption of positive measures in favour of women.
Article 34
Cooperation on Addressing Remnants of War
The Parties recognise the importance of cooperation in the clearance of mines, bombs and other unexploded ordnances and observing international treaties to which they are parties, taking into account other relevant international instruments. The Parties therefore agree to cooperate through:
experience sharing and dialogue, management capacity enhancement, and training of experts, researchers, and specialised experts, including capacity-building assistance subject to their domestic procedures to address the issues noted above;
communication and education on the prevention of accidents caused by bombs and mines, rehabilitation and community reintegration for the victims of bombs and mines.
Article 35
Cooperation on Human Rights
Technical assistance will be provided to this end.
Such cooperation may include:
human rights promotion and education;
strengthening of human rights-related institutions;
strengthening the existing human rights dialogue;
strengthening of cooperation within the human rights-related institutions of the UN.
Article 36
Reform of Public Administration
The Parties, based upon specific needs-assessment conducted through mutual consultation, agree to cooperate with a view to restructuring and improving the effectiveness of their public administration, inter alia by:
improving organisational efficiency, including decentralisation;
increasing institutions' effectiveness in service delivery;
improving the management of public finance and accountability in accordance with the Parties' respective laws and regulations;
improving the legal and institutional framework;
building capacities for policy design and implementation (public service delivery, budget composition and execution, anti-corruption);
building capacity of law enforcement mechanisms and agencies;
reforming the public service, agencies and administrative procedures;
capacity building for modernisation of the public administration.
Article 37
Associations and Non-governmental Organisations
In accordance with democratic principles and legal and administrative provisions of each Party, organised associations and NGOs may:
participate in the policy-making process;
be informed of and participate in consultations on development and cooperation strategies and sectoral policies, particularly in areas concerning them, including all stages of the development process;
receive financial resources, insofar as the internal rules of each Party so allow, and capacity-building support in critical areas;
participate in the implementation of cooperation programmes in the areas that concern them.
Article 38
Culture
Article 39
Scientific and Technological Cooperation
The aims of such cooperation shall be, inter alia, to:
encourage the exchange of scientific and technological information and know-how, including on the implementation of policies and programmes;
promote enduring relations and research partnerships between scientific communities, research centres, universities and industries;
promote human resources training in science and technology;
strengthen the application of scientific and technological research for promoting sustainable development and improving the quality of life.
Cooperation shall take the following forms:
joint R&D projects and programmes;
the exchange of information, knowledge and experience through joint organisation of scientific seminars and workshops, meetings, symposia and conferences;
the training and exchange of scientists, junior researchers through international mobility schemes and exchange programmes, providing for the maximum dissemination of the results of research, learning and best practices;
other forms as mutually agreed upon by the Parties.
Specific priorities of cooperation shall be accorded to inter alia the following areas:
the promotion and facilitation of access to designated research facilities for the exchange and training of researchers;
encourage the integration of R&D in investment and official development assistance programmes/projects.
Article 40
Cooperation on Information and Communication Technologies
Cooperation in this area shall, inter alia, focus on:
facilitating dialogue on different aspects of ICT development;
ICT capacity building including human resource development;
interconnection and interoperability of the Parties' and Southeast Asian networks and services;
standardisation and dissemination of new ICT;
promotion of R&D cooperation between the Parties in the area of ICT;
security issues/aspects of ICT as well as fighting cyber crime;
conformity assessment of telecommunications, including radio equipment;
cooperation and sharing experiences and best practices on introduction of information technology to the whole society and public administration;
facilitating cooperation between their relevant institutions and agents in areas of audio-visual and media sectors;
encouraging further cooperation between the Parties' ICT enterprises including technology transfer.
Article 41
Transport
Cooperation between the Parties in this area shall aim to promote:
the exchange of information on their respective transport policies and practices, especially regarding urban, rural, maritime and air transport, urban transport planning, transport logistics, public transport development and the interconnection and interoperability of multimodal transport networks;
the exchange of information on the European global satellite navigation system (Galileo) by using appropriate bilateral instruments, with a focus on regulatory, industrial and market development issues of mutual interest;
joint actions in the field of air transport services through, inter alia, the implementation of existing agreements, the examination of possibilities for the further development of relations, as well as technical and regulatory cooperation in areas such as aviation safety, aviation security, and air traffic management with a view to supporting regulatory convergence and to the removal of obstacles to doing business. On this basis, the Parties will explore the possible scope for enhanced cooperation in the area of civil aviation;
a dialogue in the field of maritime transport services aiming at unrestricted access to the international maritime markets and trades on a commercial basis, commitments for the phasing out of existing cargo reservation schemes, the abstention from introducing cargo sharing clauses, the establishment within maritime transport of services including auxiliary services, national treatment and MFN clauses regarding access for auxiliary services and port services for vessels operated by nationals or companies of the other Party, and issues related to door-to-door transport services;
the implementation of security, safety and pollution prevention standards, notably as regards maritime and air transport, in line with the relevant international conventions, including cooperation in the appropriate international fora aiming to ensure better enforcement of international regulations. To this end, the Parties will promote technical cooperation and assistance on issues related to transport safety, including search and rescue, investigation into casualties and accidents.
Article 42
Energy
The Parties agree to enhance cooperation in the energy sector with a view to:
diversifying energy supplies in order to improve energy security, and develop new innovative and renewable forms of energy, including sustainable biofuels and biomass in conformity with country-specific conditions, wind and solar energy, as well as hydro power generation, and supporting the development of appropriate policy frameworks to create favourable conditions for investment and a level playing field for renewable energy and the integration into relevant policy areas;
achieving rational use of energy with contributions from both supply and demand sides by promoting energy efficiency in energy production, transportation, distribution and end-use;
fostering the transfer of technology aimed at sustainable energy production and use;
enhancing capacity-building and facilitation of investment in the field based on transparent and non-discriminatory commercial rules;
addressing the links between affordable access to energy services and sustainable development.
Article 43
Tourism
The Parties agree to develop cooperation on, inter alia:
safeguarding and maximising the potential of natural and cultural heritage;
mitigating the negative impacts of tourism;
enhancing the positive contribution of the tourism business to the sustainable development of local communities, inter alia, by developing eco-tourism and cultural tourism, while respecting the integrity and interests of local and indigenous communities;
technical assistance and capacity-building, including training programmes for policy makers and tourism managers;
encouraging the tourism industry including tour operators and travel agents of both Parties to further develop bilateral cooperation including training.
Article 44
Industrial Policy and SME cooperation
The Parties, taking into account their respective economic policies and objectives, agree to promote industrial policy cooperation in all fields deemed suitable, with a view to improving the competitiveness of small and medium-sized enterprises, inter alia through:
exchanging information and experiences on creating the legal framework and other conditions for small and medium-sized enterprises to improve their competitiveness;
promoting contacts and exchanges between economic operators, encouraging joint investments and establishing joint ventures and information networks notably through existing Union horizontal programmes, stimulating in particular transfers of soft and hard technology between partners, including new and advanced technologies;
providing information and stimulating innovation and exchanging good practices on access to finance and market, including auditing and accounting services particularly for micro- and small enterprises;
facilitating and supporting the relevant activities established by the private sectors and business associations of the Parties;
promoting corporate social responsibility and accountability and encouraging responsible business practices, including sustainable consumption and production. This cooperation shall be complemented by a consumer perspective such as on product information and the consumer's role in the market;
conducting joint research projects, technical assistance and cooperation on standards, technical regulations and conformity assessment procedures in selected industrial areas, as mutually agreed.
Article 45
Economic Policy Dialogue
The Parties agree to cooperate on promoting the exchange of information on their respective economic trends and policies, and the sharing of experiences with the coordination of economic policies in the context of regional economic cooperation and integration through existing bilateral and multilateral mechanisms in areas of mutual interest, including the sharing of information on the process of reform and equitisation of state-owned enterprises in conformity with the Parties' laws and regulations.
Article 46
Cooperation on Taxation
Article 47
Cooperation on Financial Services
The Parties agree to hold a dialogue notably aimed at exchanging information and experiences on their respective regulatory environments, and strengthen cooperation with a view to improving accounting, auditing, supervisory and regulatory systems of banking, insurance and other parts of the financial sector including through capacity-building programmes in areas of mutual interest.
Article 48
Cooperation on Natural Disaster Prevention and Mitigation
On that basis, the Parties agree to:
share information on monitoring, assessing, forecasting and providing early warning on natural disasters;
enhance capacity through the sharing of experience, best practices in natural disaster prevention and mitigation;
support each other in technology, specialised equipment and materials needed for disaster management and emergency response;
enhance dialogue between the Parties' authorities in charge of natural disaster management and emergency response to support and strengthen cooperation in this area.
Article 49
Urban and Regional Planning and Development
Cooperation in urban and regional planning and development may take the following forms:
the exchange of experience in addressing issues related to sustainable urban and regional planning and development, including:
support in training and capacity building for central, regional and local level managers in regional and urban planning, architecture management and architectural heritage;
cooperation in the framework of relevant international organisations such as the UN-HABITAT and the World Urban Forum through joint research programmes and organisation of workshops and seminars to exchange information and experience in urban planning and development, including urban expansion, urban design, land development and technical infrastructure development.
Article 50
Labour, Employment and Social Affairs
Article 51
Statistics
TITLE VII
INSTITUTIONAL FRAMEWORK
Article 52
Joint Committee
The Parties agree to establish a Joint Committee, composed of representatives of both sides at the highest possible level, whose tasks shall be to:
ensure the proper functioning and implementation of this Agreement;
set priorities in relation to the aims of this Agreement;
monitor the development of the comprehensive relationship between the Parties and make recommendations for promoting the objectives of this Agreement;
request, as appropriate, information from committees or other bodies established under other agreements between the Parties and consider any reports submitted by them;
exchange opinions and make suggestions on any issue of common interest, including future actions and the resources available to carry them out;
resolve differences arising from the application or interpretation of this Agreement;
examine all the information presented by a Party regarding the fulfilment of obligations and hold consultations with the other Party to seek a solution acceptable to both Parties in accordance with Article 57.
TITLE VIII
FINAL PROVISIONS
Article 53
Resources for Cooperation
Article 54
Future Developments Clause
Article 55
Other Agreements
Article 56
Application and Interpretation of the Agreement
Article 57
Fulfilment of Obligations
Article 58
Facilities
To facilitate cooperation in the framework of this Agreement, both Parties agree to grant necessary facilities to officials and experts involved in implementing cooperation for the performance of their functions, in accordance with internal rules and regulations of both Parties.
Article 59
Declarations
The Declarations to this Agreement shall form an integral part of this Agreement.
Article 60
Territorial Application
This Agreement shall apply to the territory in which the Treaty on European Union is applied under the conditions laid down in that Treaty, on the one hand, and to the territory of the Socialist Republic of Viet Nam, on the other.
Article 61
Definition of the Parties
For the purposes of this Agreement, ‘the Parties’ shall mean the Union or its Member States, or the Union and its Member States, in accordance with their respective powers, on the one hand, and the Socialist Republic of Viet Nam, on the other.
Article 62
National Security and Disclosure of Information
Nothing in this Agreement shall be construed to require any Party to provide any information, the disclosure of which it considers contrary to its essential security interests.
Article 63
Entry into Force and Duration
Article 64
Notifications
Notifications made in accordance with Article 63 shall be made to the General Secretariat of the Council of the European Union and the Ministry of Foreign Affairs of Viet Nam, respectively.
Article 65
Authentic Text
This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Vietnamese languages, each of these texts being equally authentic.
Съставено в Брюксел на двадесет и седми юни две хиляди и дванадесета година.
Hecho en Bruselas, el veintisiete de junio de dos mil doce.
V Bruselu dne dvacátého sedmého června dva tisíce dvanáct.
Udfærdiget i Bruxelles den syvogtyvende juni to tusind og tolv.
Geschehen zu Brüssel am siebenundzwanzigsten Juni zweitausendzwölf.
Kahe tuhande kaheteistkümnenda aasta juunikuu kahekümne seitsmendal päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις είκοσι εφτά Ιουνίου δύο χιλιάδες δώδεκα.
Done at Brussels on the twenty-seventh day of June in the year two thousand and twelve.
Fait à Bruxelles, le vingt-sept juin deux mille douze.
Fatto a Bruxelles, addì ventisette giugno duemiladodici.
Briselē, divi tūkstoši divpadsmitā gada divdesmit septītajā jūnijā.
Priimta du tūkstančiai dvyliktų metų birželio dvidešimt septintą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-tizenkettedik év június havának huszonhetedik napján.
Magħmul fi Brussell, fis-sebgħa u għoxrin jum ta’ Ġunju tas-sena elfejn u tnax.
Gedaan te Brussel, de zevenentwintigste juni tweeduizend twaalf.
Sporządzono w Brukseli dnia dwudziestego siódmego czerwca roku dwa tysiące dwunastego.
Feito em Bruxelas, em vinte e sete de junho de dois mil e doze.
Întocmit la Bruxelles la douăzeci și șapte iunie două mii doisprezece.
V Bruseli dňa dvadsiateho siedmeho júna dvetisícdvanásť.
V Bruslju, dne sedemindvajsetega junija leta dva tisoč dvanajst.
Tehty Brysselissä kahdentenakymmenentenäseitsemäntenä päivänä kesäkuuta vuonna kaksituhattakaksitoista.
Som skedde i Bryssel den tjugosjunde juni tjugohundratolv.
Voor het Koninkrijk België
Pour le Royaume de Belgique
Für das Königreich Belgien
Deze handtekening verbindt eveneens de Vlaamse Gemeenschap, de Franse Gemeenschap, de Duitstalige Gemeenschap, het Vlaamse Gewest, het Waalse Gewest en het Brussels Hoofdstedelijk Gewest.
Cette signature engage également la Communauté française, la Communauté flamande, la Communauté germanophone, la Région wallonne, la Région flamande et la Région de Bruxelles-Capitale.
Diese Unterschrift bindet zugleich die Deutschsprachige Gemeinschaft, die Flämische Gemeinschaft, die Französische Gemeinschaft, die Wallonische Region, die Flämische Region und die Region Brüssel-Hauptstadt.
За Република България
Za Českou republiku
For Kongeriget Danmark
Für die Bundesrepublik Deutschland
Eesti Vabariigi nimel
Thar cheann Na hÉireann
For Ireland
Για την Ελληνική Δημοκρατία
Por el Reino de España
Pour la République française
Per la Repubblica italiana
Για την Κυπριακή Δημοκρατία
Latvijas Republikas vārdā –
Lietuvos Respublikos vardu
Pour le Grand-Duché de Luxembourg
A Magyar Köztársaság részéről
Għal Malta
Voor het Koninkrijk der Nederlanden
Für die Republik Österreich
W imieniu Rzeczypospolitej Polskiej
Pela República Portuguesa
Pentru România
Za Republiko Slovenijo
Za Slovenskú republiku
Suomen tasavallan puolesta
För Republiken Finland
För Konungariket Sverige
For the United Kingdom of Great Britain and Northern Ireland
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
ANNEX
JOINT DECLARATION ON MARKET ECONOMY STATUS
The Parties shall enhance cooperation on moving towards the early recognition of Viet Nam's market economy status as soon as possible, subject to the relevant procedures.
UNILATERAL DECLARATION BY THE EUROPEAN UNION ON THE GENERALISED SYSTEM OF PREFERENCES (GSP)
The European Union recognises the significant importance of the GSP to trade development and shall further cooperate through, inter alia, dialogue, exchanges and capacity-building activities, with a view to ensuring optimal use of the scheme by Viet Nam in accordance with the relevant procedures of the Parties and evolving EU trade policy.
JOINT DECLARATION ON ARTICLE 24 (COOPERATION IN COMBATING MONEY LAUNDERING AND TERRORISM FINANCING)
The Parties agree that the Joint Committee will establish a list of the competent authorities responsible for the exchange of relevant information under this Article.
JOINT DECLARATION ON ARTICLE 57 (FULFILMENT OF OBLIGATIONS)
The Parties agree that, for the purposes of the correct interpretation and practical application of this Agreement, the term ‘material breach of the Agreement’ in Article 57(3), in line with Article 60 (3) of the Vienna Convention on the Law of Treaties of 1969 (‘Vienna Convention’), consists of:
repudiation of the agreement not sanctioned by the Vienna Convention; or
violation of an essential element of the Agreement, as described in Article 1(1) and (2) and Article 8.
In cases of a material breach of the Agreement, the measure shall be notified immediately to the other Party. At the request of the other Party, the Joint Committee shall hold urgent consultations within a period of up to 30 days for a thorough examination of any aspect of, or the basis for, the measure with a view to seeking a solution acceptable to the Parties.
PROTOCOL
to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part, to take account of the accession of the Republic of Croatia to the European Union
THE KINGDOM OF BELGIUM,
THE REPUBLIC OF BULGARIA,
THE CZECH REPUBLIC,
THE KINGDOM OF DENMARK,
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF ESTONIA,
IRELAND,
THE HELLENIC REPUBLIC,
THE KINGDOM OF SPAIN,
THE FRENCH REPUBLIC,
THE REPUBLIC OF CROATIA,
THE ITALIAN REPUBLIC,
THE REPUBLIC OF CYPRUS,
THE REPUBLIC OF LATVIA,
THE REPUBLIC OF LITHUANIA,
THE GRAND DUCHY OF LUXEMBOURG,
HUNGARY,
THE REPUBLIC OF MALTA,
THE KINGDOM OF THE NETHERLANDS,
THE REPUBLIC OF AUSTRIA,
THE REPUBLIC OF POLAND,
THE PORTUGUESE REPUBLIC,
ROMANIA,
THE REPUBLIC OF SLOVENIA,
THE SLOVAK REPUBLIC,
THE REPUBLIC OF FINLAND,
THE KINGDOM OF SWEDEN,
THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
Contracting Parties to the Treaty on European Union and the Treaty on the Functioning of the European Union, hereinafter referred to as the ‘Member States’, represented by the Council of the European Union, and
THE EUROPEAN UNION, hereinafter referred to as ‘the European Union’,
of the one part,
and
THE SOCIALIST REPUBLIC OF VIET NAM, hereinafter referred to as ‘Viet Nam’,
of the other part,
hereinafter jointly referred to as ‘the Contracting Parties’ for the purposes of this Protocol,
HAVING REGARD TO the accession of the Republic of Croatia to the European Union on 1 July 2013,
WHEREAS the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part, hereinafter referred to as ‘the Agreement’, was signed in Brussels on 27 June 2012;
WHEREAS the Treaty concerning the accession of the Republic of Croatia to the European Union, hereinafter referred to as ‘the Treaty of Accession’, was signed in Brussels on 9 December 2011;
WHEREAS pursuant to Article 6(2) of the Act of Accession of the Republic of Croatia, its accession to the Agreement is to be agreed by the conclusion of a protocol to the Agreement,
HAVE AGREED AS FOLLOWS:
Article 1
The Republic of Croatia hereby accedes as a Party to the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part, signed in Brussels on 27 June 2012, and shall respectively adopt and take note, in the same manner as the other Member States of the European Union, of the texts of the Agreement, as well as of the Declarations thereto.
Article 2
In due time after the initialling of this Protocol, the European Union shall communicate to its Member States and to the Socialist Republic of Viet Nam the Croatian language version of the Agreement. Subject to the entry into force of this Protocol, the language version referred to in the first sentence of this Article shall become authentic under the same conditions as the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Vietnamese language versions of the Agreement.
Article 3
This Protocol shall form an integral part of the Agreement.
Article 4
Article 5
This Protocol is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Vietnamese languages, each of these texts being equally authentic.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly empowered to this effect, have signed this Protocol.
Съставено в Брюксел на деветнадесети ноември две хиляди и четиринадесета година.
Hecho en Bruselas, el diecinueve de noviembre de dos mil catorce.
V Bruselu dne devatenáctého listopadu dva tisíce čtrnáct.
Udfærdiget i Bruxelles den nittende november to tusind og fjorten.
Geschehen zu Brüssel am neunzehnten November zweitausendvierzehn.
Kahe tuhande neljateistkümnenda aasta novembrikuu üheksateistkümnendal päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις δέκα εννέα Νοεμβρίου δύο χιλιάδες δεκατέσσερα.
Done at Brussels on the nineteenth day of November in the year two thousand and fourteen.
Fait à Bruxelles, le dix-neuf novembre deux mille quatorze.
Sastavljeno u Bruxellesu devetnaestog studenoga dvije tisuće četrnaeste.
Fatto a Bruxelles, addì diciannove novembre duemilaquattordici.
Briselē, divi tūkstoši četrpadsmitā gada deviņpadsmitajā novembrī.
Priimta du tūkstančiai keturioliktų metų lapkričio devynioliktą dieną Briuselyje.
Kelt Brüsszelben, a kétezer-tizennegyedik év november havának tizenkilencedik napján.
Magħmul fi Brussell, fid-dsatax-il jum ta’ Novembru tas-sena elfejn u erbatax.
Gedaan te Brussel, de negentiende november tweeduizend veertien.
Sporządzono w Brukseli dnia dziewiętnastego listopada roku dwa tysiące czternastego.
Feito em Bruxelas, em dezanove de novembro de dois mil e catorze.
Întocmit la Bruxelles la nouăsprezece noiembrie două mii paisprezece.
V Bruseli devätnásteho novembra dvetisícštrnásť.
V Bruslju, dne devetnajstega novembra leta dva tisoč štirinajst.
Tehty Brysselissä yhdeksäntenätoista päivänä marraskuuta vuonna kaksituhattaneljätoista.
Som skedde i Bryssel den nittonde november tjugohundrafjorton.
За държавите-членки
Por los Estados miembros
Za členské státy
For medlemsstaterne
Für die Mitgliedstaaten
Liikmesriikide nimel
Για τα κράτη μέλη
For the Member States
Pour les États membres
Za države članice
Per gli Stati membri
Dalībvalstu vārdā –
Valstybių narių vardu
A tagállamok részéről
Għall-Istati Membri
Voor de lidstaten
W imieniu Państw Członkowskich
Pelos Estados-Membros
Pentru statele membre
Za členské štáty
Za države članice
Jäsenvaltioiden puolesta
För medlemsstaterna
За Европейския съюз
Рог la Unión Europea
Za Evropskou unii
For Den Europæiske Union
Für die Europäische Union
Euroopa Liidu nimel
Για την Ευρωπαϊκή Ένωση
For the European Union
Pour l'Union européenne
Za Europsku uniju
Per l'Unione europea
Eiropas Savienības vārdā –
Europos Sąjungos vardu
Az Európai Unió részéről
Għall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela União Europeia
Pentru Uniunea Europeană
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
För Europeiska unionen
За Социалистическа Република Виетнам
Por la República Socialista de Vietnam
Za Vietnamskou Socialistickou Republiku
For den Socialistiske Republik Vietnam
Für die Sozialistische Republik Vietnam
Vietnami Sotsialistliku Vabariigi nimel
Για τη Σοσιαλιστική Δημοκρατία του Βιετνάμ
For the Socialist Republic of Viet Nam
Pour la République socialiste du Viêt Nam
Za Socijalističku Republiku Vijetnam
Per la Repubblica Socialista del Vietnam
Vjetnamas Sociālistiskās Republikas vārdā –
Vietnamo Socialistinės Respublikos vardu
A Vietnami Szocialista Köztársaság részéről
Għar-Repubblika Soċjalista tal-Vjetnam
Voor de Socialistische Republiek Vietnam
W imieniu Socjalistycznej Republiki Wietnamu
Pela República Socialista do Vietname
Pentru Republica Socialistă Vietnam
Za Vietnamskú Socialistickú Republiku
Za Socialistično Republiko Vietnam
Vietnamin Sosialistisen Tasavallan puolesta
För Socialistiska Republiken Vietnam