3. Without prejudice to the accession of the candidate Member State to the Eurasian Economic Union, the provisions included in Chapter 8 (Trade in Services, Investment and Movement of Natural Persons) of this Agreement may be negotiated by the candidate Member State of the Eurasian Economic Union on the one side and Viet Nam on the other side.
4. The candidate Member State of the Eurasian Economic Union and Viet Nam 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
1. Each Party may withdraw from this Agreement by giving a six-month advance notice in writing to the other Party.
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
1. The Parties undertake to review this Agreement in the light of further developments in international economic relations, inter alia, within the framework of the WTO, and to examine in this context and in the light of any relevant factor the possibility of further developing and deepening their cooperation under this Agreement and to extend it to areas not covered therein. The Joint Committee may, where appropriate, make recommendations to the Parties, particularly with a view to opening up negotiations.
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
1. This Agreement may be amended by the Parties by mutual written consent.
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
1. This Agreement shall enter into force 60 days from the date of receipt of the last written notification certifying that the Member States of the Eurasian Economic Union and Viet Nam have completed their respective internal legal procedures subject to paragraph 2 of this Article. Exchange of such notifications shall be made between the Eurasian Economic Commission and Viet Nam.
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 the Eurasian Economic Union, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation, of the one part, and Viet Nam, 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.
Conclusion
IN WITNESS WHEREOF, the undersigned, being duly authorised thereto, have signed this Agreement.
Done at Burabay, this 29" day of May 2015, in two originals in the English language, both texts being equally authentic.
For the Republic of Armenia
For the Republic of Belarus
For the Republic of Kazakhstan
For the Kyrgyz Republic
For the Russian Federation
For the Eurasian Economic Union
For the Socialist Republic of Viet Nam
Attachments
PROTOCOL No. 1
BETWEEN THE SOCIALIST REPUBLIC OF VIET NAM AND
THE RUSSIAN FEDERATION TO THE FREE TRADE AGREEMENT
BETWEEN THE SOCIALIST REPUBLIC OF VIET NAM, OF THE ONE PART, AND
THE EURASIAN ECONOMIC UNION AND ITS MEMBER STATES, OF THE OTHER PART
On the signing of the Free Trade Agreement between the Socialist Republic of Viet Nam, of the one part, and the Eurasian Economic Union and its Member States, of the other part (hereinafter referred to as "the Agreement"), the Socialist Republic of Viet Nam and the Russian Federation have agreed to undertake commitments in respect of trade in services, establishment, commercial presence, activities and movement of natural persons under Chapter 8 (Trade in Services, Investment and Movement of Natural Persons) of the Agreement in accordance with Annex 1 (List of MFN Exemptions in accordance with Articles 8.15 and 8.22 of the Agreement), Annex 2 (Schedule of Specific Commitments under Section II (Trade in Services)), Annex 3 (List of Reservations under Section III (Establishment, Commercial Presence and Activities)) and Annex 4 (Schedule of Specific Commitments under Section IV (Movement of Natural Persons)) to this Protocol.
This Protocol, including Annexes hereto, shall constitute an integral part of the Agreement.
Done at Burabay, this 29" day of May 2015, in two originals in the English language, both texts being equally authentic.
For the Socialist Republic of Viet Nam
For the Russian Federation
ANNEX 1. TO PROTOCOL No. 1 BETWEEN THE SOCIALIST REPUBLIC OF VIET NAM AND THE RUSSIAN FEDERATION TO THE FREE TRADE AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIET NAM, OF THE ONE PART, AND THE EURASIAN ECONOMIC UNION AND ITS MEMBER STATES, OF THE OTHER PART. LIST OF MFN EXEMPTIONS OF THE SOCIALIST REPUBLIC OF VIET NAM IN ACCORDANCE WITH ARTICLES 8.15 AND 8.22 OF THE AGREEMENT
| Sector or sub-sectors | Description of measures (to be applied to sector) indicating its inconsistency with Articles 8.15 and 8.22 of the Agreement | Countries to which the measures applied | Intended duration | Conditions creating the need for the MFN exemption |
| Audiovisual services - Production, distribution and projection of television programmes and cinematographic works. | Measures based upon co-production agreements of audiovisual works, which confer National Treatment to audiovisual works covered by such agreements | WTO Members with which such bilateral or plurilateral agreements are in force, now or in the future. | Indefinite | The aim of these agreements is to promote cultural links between the countries concerned. |
| Audiovisual services - Production and distribution of television programmes and cinematographic works. | Measures granting the benefit of support programmes to audiovisual works, and suppliers of such works meeting origin criteria | WTO Members with which bilateral and plurilateral agreements have been signed in the area of cultural cooperation. | Indefinite | These programmes aim at preserving and promoting the cultural identity of countries with which Viet Nam has longstanding cultural links. |
| Audiovisual services - Production and distribution of audiovisual works through broadcasting transmission to the public. | Measures which extend National Treatment to audiovisual works which meet certain origin criteria regarding access to broadcasting transmission. | WTO Members with which bilateral or plurilateral agreements have been concluded in the area of cultural cooperation. | Indefinite | These measures aim, within the sector, to promote cultural values both within Viet Nam, and with other countries, including in the region |
| Maritime transport | Measures based upon agreements covering the normal business operations of fully owned subsidiaries of foreign shipping companies. | All WTO Members with whom maritime transport cooperation may be desirable. | 5 years | Bilateral Agreements. |
| Sea-transport services: - Internal road freight transportation by lorry; - cargo storage and warehousing; and - container yard. | The three sub-sectors are subject to preferential treatment under Maritime Agreement between Viet Nam and Singapore. | Republic of Singapore. | 10 years | Bilateral Agreement. |
ANNEX 3. TO PROTOCOL No. 1 BETWEEN THE SOCIALIST REPUBLIC OF VIET NAM AND THE RUSSIAN FEDERATION TO THE FREE TRADE AGREEMENT BETWEEN THE SOCIALIST REPUBLIC OF VIET NAM, OF THE ONE PART, AND THE EURASIAN ECONOMIC UNION AND ITS MEMBER STATES, OF THE OTHER PART. LIST OF RESERVATIONS OF THE SOCIALIST REPUBLIC OF VIET NAM UNDER SECTION III (ESTABLISHMENT, COMMERCIAL PRESENCE AND ACTIVITIES) OF CHAPTER 8 (TRADE IN SERVICES, INVESTMENT AND MOVEMENT OF NATURAL PERSONS) OF THE AGREEMENT
Viet Nam undertakes the commitment to not maintain or introduce limitations inconsistent with Article 8.21 (National Treatment), Article 8.23 (Market Access), Article 8.24 (Performance Requirements) and Article 8.25 (Senior Management and Boards of Directors) of Section III (Establishment, Commercial Presence and Activities) of Chapter 8 (Trade in Services, Investment and Movement of Natural Persons) of the Agreement, except for those reservations listed in this List of Reservations.
Nothing in this List of Reservations affects rights and obligations of Viet Nam in Annex 4 (Schedule of Specific Commitments of the Socialist Republic of Viet Nam under Section IV (Movement of Natural Persons)) in respect of entry, stay and movement of natural persons.
Industry Classification refers, for Viet Nam, where applicable, to the activity covered by the reservations, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
1. Sector: All sectors
Sub-sector: Obligations National Treatment Concerned: Market Access
Source of Measure:
- Resolution No. 71/2006/QH11 dated 29 November 2006
- Law on Investment No. 67/2014/QH13 dated 26 November 2014
- Decision No. 88/2009/QD-TTg dated 18 June 2009
Description: Establishment
Representative offices of foreign service suppliers and investors are not allowed to engage in any direct profit-making activities (1) in Viet Nam.
Foreign service suppliers and investors are permitted to make capital contribution in the form of buying shares of Viet Nam's enterprises. The total equity held by foreign service suppliers and investors in each enterprise may not exceed 30% of the enterprise's chartered capital unless otherwise provided by Viet Nam's laws or authorized by Viet Nam's competent authority. In specific sectors and sub- sectors committed in Viet Nam's Schedule of Specific Commitments in Services under the GATS (WT/ACC/VNM/48/Add.2), the level of equity held by foreign service suppliers and investors in acquisition of Vietnamese enterprises shall be corresponding to the limitations on foreign capital participation set forth therein, if any, including the limitations in the form of transitional periods, where applicable.
2. Sector: All sectors Sub-sector:
Obligations National Treatment Concerned: Senior Management and Boards of Directors
Source of Measure:
- Resolution No. 71/2006/QH11 dated 29 November 2006
- Law on Investment No. 67/2014/QH13 dated 26 November 2014
- Labour Code No. 10/2012/QH13 dated 18 June 2012
- Decree No, 111/2008/ND-CP dated 10 October 2008
- Decree No, 03/2006/ND-CP dated 06 January 2006
- Decree No. 102/2013/ND-CP dated 05 September 2013
Description: Establishment
Unless otherwise provided in the Annex 4 (Schedule of Specific Commitments of Viet Nam under Section IV (Movement of Natural Persons)) of Chapter 8 (Trade in Services, Investments and Movement of Natural Persons) of the Agreement, Viet Nam reserves the right to adopt or maintain any measure in relation to the employment of expatriates. Restrictions (2) may be imposed on the number or ratio, minimum wages, duration and type of expatriates employed.
Sector: Sub-sector:
Obligations Concerned:
Source of Measure:
Description:
Professional Services Legal Services (CPC 861)
National Treatment Market Access Senior Management and Boards of Directors
- Law on Lawyers No. 65/2006/QH11 dated 29 June 2006
- Law No. 20/2012/QH13 dated 20 November 2012 providing amendments for the Law on Lawyers No. 65/2006/QH11 dated 29 June 2006
- Decree No, 123/2013/ND-CP dated 14 October 2013
- Law on Intellectual Property No. 50/2005/QH11 dated 29 November 2005
- Law No. 36/2009/QH12 dated 19 June 2009 amending Law on Intellectual Property No. 50/2005/QH11 dated 29 November 2005
Establishment
Foreign lawyers organizations (3) may only provide legal services in Viet Nam, through the following forms:
- Branches of foreign lawyers organizations;
- Wholly foreign limited liability law firm;
- Joint venture limited liability law firm;
- Partnerships between foreign lawyers organizations and Viet Nam's law partnerships.
Wholly foreign owned limited liability law firm, joint venture limited liability law firm and partnerships between foreign lawyer organisations and Viet Nam's law partnerships are called as "foreign law firms". These entities and branches of foreign lawyers organizations are not allowed to:
- participate in legal proceedings in the capacity of defenders or representatives of their clients before the courts of Viet Nam;
- participate in legal documentation and certification services of the laws of Viet Nam.
Foreign lawyers may only provide legal services in Viet Nam through the following forms: - Working as partners for branches of foreign lawyers organizations or foreign law firms in Viet Nam;
- Working under contracts for branches of foreign lawyers organizations, foreign law firms or Viet Nam's lawyers organizations.
The foreign lawyers practicing laws in Viet Nam are not permitted to make consultations on Vietnamese laws unless they have graduated from a Vietnamese law college and satisfy requirements applied to like Vietnamese law practitioners. They are not allowed to participate in legal proceedings in the capacity of defenders or representatives of their clients before the courts of Viet Nam.
Foreign lawyers organizations must commit and ensure to have at least 2 foreign lawyers, including Chief of branch, Director of foreign law firm, presenting and practicing in Viet Nam for at least 183 days within any 12 consecutive months.
4. Sector: Professional Services
Sub-sector: Engineering services (CPC 8672) Integrated engineering services (CPC 8673)
Obligations Concerned: National Treatment
Source of Measure:
- Resolution No. 71/2006/QH11 dated 29 November 2006
- Law on Enterprise No. 68/2014/QH13 dated 26 November 2014
- Law on Investment No. 67/2014/QH13 dated 26 November 2014
Description: Establishment
Investment related to topographical, geotechnical, hydro geological and environmental surveys and technical surveys for urban-rural development planning, sectoral development planning are subject to the authorization of the Government of Viet Nam.
5. Sector: Professional Services
Sub - sector: Urban planning and urban landscape architectural services (CPC 8674)
Obligations Concerned: National Treatment
Source of Measure:
- Resolution No. 71/2006/QH11 dated 29 November 2006
- Law on Urban Planning No 30/2009/QH12 dated 17 June 2009
Description: Establishment
Foreign service suppliers must be authenticated by an architect who has appropriate practicing certificate working in a Vietnamese architectural organization which has juridical entity status, and comply with relevant laws and regulations of Viet Nam.
The responsible foreign architects working in foreign-invested enterprises must have the professional practicing certificate granted or recognized by the Government of Viet Nam.
In some areas, subject to the regulations of the Government of Viet Nam for national security and social stability purposes, foreign service suppliers may not be permitted to provide this service.
6. Sector: Professional Services
Sub-sector: Veterinary services (CPC 932)
Obligations Concerned: Market Access, National Treatment, Senior Management and Boards of Directors
Source of Measure:
- Resolution No. 71/2006/QH11 dated 29 November 2006
- Administrative measures
Description: Establishment
Foreign investors may not provide veterinary services in Viet Nam unless they are natural persons providing such services in the form of private professional practice and under the authorization by the veterinary authorities.
7. Sector: Computer and Related Services (CPC 841-845, CPC 849)
Sub-sector:
Obligations Concerned: National Treatment, Senior Management and Boards of Directors
Source of Measure:
- Resolution No. 71/2006/QH11 dated 29 November 2006
- Law on Enterprise No. 68/2014/QH13 dated 26 November 2014
- Law on Investment No. 67/2014/QH13 dated 26 November 2014
- Law on Information Technology No. 67/2006/QH11 dated 29 June 2006
- Decree No, 71/2007/ND-CP dated 03 May 2007
Description: Establishment
The chief of the branch has to be a resident in Viet Nam.
8. Sector: Distribution services
Sub-sector: Commission agents' services (CPC 621, 61111, 6113, 6121) Wholesale trade services (CPC 622, 61111, 6113, 6121) Retailing services (CPC 631, 632, 61112, 6113, 6121) (4)
Obligations Concerned: Market Access, National Treatment
Source of Measure:
- Decree No, 23/2007/ND-CP dated 12 February 2007 - Circular No. 09/2007/TT-BTM dated 17 July 2007
- Circular No. 05/2008/TT-BCT dated 14 April 2008 - Decision No. 10/2007/QD-BTM dated 21 May 2007 - Circular No, 08/2013/TT-BCT dated 22 April 2013
Description: Establishment
Foreign-invested companies engaging in distribution services will be permitted to engage in the commission agents', wholesale and retail business of all legally imported and domestically produced products.
The establishment by foreign investors of outlets for retail services (beyond the first one) shall be allowed on the basis of an Economic Needs Test (ENT).
Applications to establish more than one outlet shall be subject to pre- established publicly available procedures, and approval shall be based on objective criteria. The main criteria of the ENT include the number of existing service suppliers in a particular geographic area, the stability of market and geographic scale.
9. Sector: Distribution services
Sub-sector: Franchising services (CPC 8929)
Obligations Concerned: National Treatment, Senior Management and Boards of Directors
Source of Measure:
- Resolution No. 71/2006/QH11 dated 29 November 2006
- Law on Trade No. 36/2005/QH11 dated 14 June 2005
Description: Establishment
The chief of the branch has to be a resident in Viet Nam.
10. Sector: Other Business
Sub - sector: Services Advertising services (CPC 871)
Obligations Concerned: Market Access National Treatment
Source of Measure:
- Resolution No. 71/2006/QH11 dated 29 November 2006
- Law on advertising No. 16/2012/QH13 dated 21 June 2012
- Administrative measures