Article 7.11. Cooperation
1. The Parties agree to cooperate in order to facilitate the implementation of this Chapter.
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.
3. The Parties shall aim to work together in international fora, including international organisations, and in areas of mutual interest.
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
1. Where a Party considers that a sanitary or phytosanitary measure is affecting its trade with the other Party, it may, through the relevant contact points, request consultations with the aim of resolving the matter.
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.
3. In case either Party considers that the matter cannot be resolved through consultations in accordance with this Article, such Party shall have the right to seek resolution through the dispute settlement mechanism provided for in Chapter 14 (Dispute Settlement) of this Agreement.
Chapter 8. TRADE IN SERVICES, INVESTMENT AND MOVEMENT OF NATURAL PERSONS
Section I. HORIZONTAL PROVISIONS
Article 8.1. Objectives
The objectives of this Chapter are to encourage efficiency, competition and economic growth of the Parties to this Chapter by facilitating the expansion of trade in services, establishment, investment and movement of natural persons of the Parties to this Chapter on the basis of a transparent and stable legal framework, while recognising the right of the Parties to this Chapter to regulate in order to meet national policy objectives.
Article 8.2. Scope
1. This Chapter shall apply only between the Russian Federation and Viet Nam, hereinafter referred to in this Chapter as the "Parties to this Chapter".
2. This Chapter shall apply to measures by the Parties to this Chapter affecting trade in services, establishment, investments and movement of natural persons.
3. In respect of air transport services, this Chapter shall not apply to measures affecting air traffic rights, however granted, or measures affecting services directly related to the exercise of air traffic rights, except the measures affecting aircraft repair and maintenance services, the selling and marketing of air transport services, computer reservation system services as provided for in paragraph 6 of the Annex on Air Transport Services of GATS. The definitions of paragraph 6 of the Annex on Air Transport Services of GATS are incorporated into and form part of this Chapter.
4. This Chapter shall not apply to:
a) government procurement, which is subject to Chapter 10 of this Agreement;
b) measures affecting natural persons seeking access to the employment market of a Party to this Chapter; or
c) measures regarding citizenship, residence or employment on a permanent basis.
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
For the purposes of this Chapter:
a) "trade in services" means the supply of a service:
i. from the territory of a Party to this Chapter into the territory of the other Party to this Chapter;
ii. in the territory of a Party to this Chapter to the service consumer of the other Party to this Chapter;
b) "supply of a service" includes production, distribution, marketing, sale and delivery of a service;
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;
d) "service supplier" means any person that supplies a service;
e) "service consumer" means any person that receives or uses a service;
f) "person" means either a natural person or a juridical person;
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;
h) "juridical person" means any legal entity duly constituted or otherwise organised under applicable laws and regulations;
A juridical person is:
"owned" by persons of a Party to this Chapter if more than 50 percent of the equity interest in it is beneficially owned by persons of such Party to this Chapter;
"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.
(i) "juridical person of a Party to this Chapter" means a juridical person which is constituted or otherwise organised under the laws and regulations of such Party;
(j) "economic integration agreements" means international agreements complying with the requirements of Articles V and/or V bis of GATS;
(k) "measure" means any measure by a Party to this Chapter, whether in form of a law, regulation, rule, procedure, decision, administrative action or any other form;
(l) "measure by a Party to this Chapter" means measures taken by:
i. central, regional or local governments and authorities of that Party to this Chapter; and
ii. non-governmental bodies in the exercise of powers delegated by central, regional or local governments or authorities of that Party to this Chapter.
(m) "measures by Parties to this Chapter affecting trade in services" include measures in respect of:
i. the purchase, payment or use of a service;
ii. the access to and use of, in connection with the supply of a service, services which are required by the Parties to this Chapter to be offered to the public generally.
(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;
(o) "establishment" means:
i. the establishment (or 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;
ii. the acquisition of control over a juridical person of a Party to this Chapter by legally determining, directly or indirectly, the decisions taken by such juridical person, including through voting shares (stocks), participation in managing bodies of such juridical person (including in board of directors, supervisory board, et cetera);
iii. the creation of a branch; or iv. the creation of a representative office,
for the purposes of supplying a service and/or performing an economic activity in sectors other than services.
p) "commercial presence" means juridical persons established, constituted, acquired or controlled and/or branches or a representative office created for the purpose of supplying a service and/or performing an economic activity in sectors other than services. For the purposes of this Section commercial presence established, constituted, acquired, controlled or created is hereinafter referred to as "commercial presence set up";
q) "activities" means activities of industrial, commercial or professional character of the juridical persons, branches, representative offices, referred to in subparagraph 0) 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
In case an international agreement to which both Parties to this Chapter are party, including the WTO Agreement, provides for more favourable treatment in respect of matters covered by this Chapter for their persons (service suppliers) and/or their commercial presences, services or investments, such more favourable treatment shall not be affected by this Agreement.
Article 8.5. Domestic Regulation
1. Article VI of GATS shall apply between the Parties to this Chapter, mutatis mutandis.
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 II (Establishment, Commercial Presence and Activities) of this Chapter such Party shall ensure that:
a) its licensing procedures are not in themselves a restriction on the establishment, activities or supply of a service, and that its licensing requirements directly related to eligibility to supply a service were not in themselves an unjustified barrier to the supply of the service;
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;
c) any fees charged in connection with the filing and review of an application for a licence would not in themselves be a restriction on the supply of the service, establishment or activities;
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;
e) upon the written request of an unsuccessful applicant, the competent authority that has denied an application will inform the applicant in writing of the reasons for the denial of the application. However, this provision shall not be construed to require a regulatory authority to disclose information, where that disclosure would impede law enforcement or otherwise be contrary to the public interest or essential security interests;
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
The Parties to this Chapter shall designate their contact points to facilitate communications between the Parties to this Chapter on the issues covered by this Chapter and shall exchange information on the details of such contact points. The Parties to this Chapter shall notify each other promptly of any amendments to the details of their contact points.
Article 8.7. Denial of Benefits
A Party to this Chapter may deny benefits of this Section to a person of the other Party to this Chapter, if the former Party establishes that this person is a juridical person that has no substantive business operations in the territory of the other Party to this Chapter and is owned or controlled by persons of either:
a) any third country; or
b) the former Party.
Article 8.8. Restrictions to Safeguard the Balance of Payments
1. Notwithstanding the provisions of Articles 8.18 and 8.37 of this Agreement each Party to this Chapter may adopt and maintain restrictions on trade in services, establishment and investments in respect of which commitments were undertaken by such Party in accordance with this Chapter, including on payments or transfers for transactions related to such commitments referred to in Articles 8.18 and 8.37 of this Agreement in the event of serious balance of payments and external financial difficulties and threat thereof and subject to the condition that such restrictions:
a) shall be applied on a most-favoured-nation basis;
b) shall be consistent with the Articles of Agreement of the International Monetary Fund;
c) shall avoid unnecessary damage to the commercial, economic and financial interests of the other Party to this Chapter;
d) shall not exceed those necessary to deal with circumstances described in this paragraph;
e) shall be temporary and be phased out progressively as the situation specified in this paragraph improve.
2. The Party to this Chapter introducing a restriction under paragraph 1 of this Article shall promptly notify the other Party to this Chapter of such measure.
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.
4. Nothing in this Agreement shall affect the rights and obligations of a Party to this Chapter which is a member 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 such Party to this Chapter shall not impose restrictions inconsistently with the conditions provided for in paragraph 1 of this Article.
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
1. Notwithstanding Article 15.2 of the Agreement, any Member State of the Eurasian Economic Union may accede to this Chapter on terms and conditions as agreed between such Member State of the Eurasian Economic Union and Viet Nam in respect of Schedules of Specific Commitments and Lists of reservations.
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
1. Notwithstanding Article 15.5 of the Agreement, this Chapter may be amended by mutual written consent of the Parties to this Chapter.
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
1. The Parties to this Chapter shall consult at the request of either of them, on the matter concerning the interpretation or application of this Chapter.
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.
3. For the purposes of this Chapter the Joint Committee shall be co-chaired by the representatives of the Parties to this Chapter and any of the decisions of Joint Committee on the matters covered by this Chapter shall be taken by consensus only by the Parties to this Chapter.
Article 8.12. Settlement of Disputes between the Parties to this Chapter.
1. The provisions of Chapter 14 (Dispute Settlement) of this Agreement shall apply with respect to the settlement of disputes between the Parties to this Chapter regarding the interpretation or application of this Chapter with the modifications set out in paragraph 2 of this Article.
2. For the purposes of this Chapter:
a) the term “a disputing Party” referred to in Chapter 14 of this Agreement means “a Party to 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;
c) the request for the establishment of an Arbitral Panel referred to in paragraph 3 of Article 14.7 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; and
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
The "Schedule of Specific Commitments under Section II (Trade in Services)", "List of Reservations under Section III (Establishment, Commercial Presence and Activities)", the "Schedule of Specific Commitments under Section IV (Movement of Natural Persons)" and "List of MFN Exemptions in accordance with Articles 8.15 and 8.22 of the Agreement" shall be signed in the form of Protocol No. 1 between the Russian Federation and the Socialist Republic of Viet Nam to the Free Trade Agreement between the Eurasian Economic Union and its Member States, of the one part, and the Socialist Republic of Viet Nam, of the other part (hereinafter referred to in this Chapter as "Protocol No. 1") on the date of signature of this Agreement. The Protocol No. 1 shall constitute an integral part of this Agreement and shall be binding only in respect of the Russian Federation and Viet Nam.
Section II. TRADE IN SERVICES
Article 8.14. Scope
1. This Section shall apply to any measure of the Parties to this Chapter affecting trade in services.
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
1. With respect to any measure covered by this Section, each Party to this Chapter shall accord immediately and unconditionally to services and service suppliers of the other Party to this Chapter treatment no less favourable than that it accords to like services and service suppliers of any third country.
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.
3. The provisions of this Section shall not be construed to prevent a Party to this Chapter from conferring or according advantages to adjacent countries in order to facilitate trade in services limited to contiguous frontier zones of services that are both locally produced and consumed.
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:
a) in accordance with the economic integration agreements of the former Party; or
b) on the basis of the agreements on avoidance of double taxation or other arrangements on taxation issues.
Article 8.16. Market Access
1. With respect to market access through the modes of supply defined in Article 8.3 of this Agreement, each Party to this Chapter shall accord to services and service suppliers of the other Party to this Chapter treatment no less favourable than that provided for under the terms, limitations and conditions agreed and specified in its Schedule in Annex 2 to Protocol No. 1. (1)
2. In sectors where market access commitments are undertaken, the measures which a Party to this Chapter shall not maintain or adopt either on the basis of a regional subdivision or on the basis of its entire territory, unless otherwise specified in its Schedule in Annex 2 to Protocol No. 1, are defined as:
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;
b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; or
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
1. In the sectors inscribed in its Schedule in Annex 2 to Protocol No. 1, and subject to any condition and qualification set out therein, each Party to this Chapter shall accord to services and service suppliers of the other Party to this Chapter, in respect of all measures affecting supply of services, treatment no less favourable than that it accords to its own like services and service suppliers. (2)
2. A Party to this Chapter may meet the requirement of paragraph 1 of this Article by according to services and service suppliers of the other Party to this Chapter, either formally identical treatment or formally different treatment to that it accords to its own like services and service suppliers.
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
1. Except under the circumstances envisaged in Article 8.8 of this Agreement a Party to this Chapter shall not apply restrictions on international transfers and payments for current transactions relating to its specific commitments under this Section.
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
Article VII of GATS shall apply between the Parties to this Chapter, mutatis mutandis.
Section III. ESTABLISHMENT, COMMERCIAL PRESENCE AND ACTIVITIES
Article 8.20. Scope
1. This Section shall apply to any measure by the Parties to this Chapter affecting establishment, commercial presence and activities.
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.
3. This Section shall not apply to provision of subsidies or other forms of State or municipal support to persons and their commercial presence in connection with establishment and/or activities.
Article 8.21. National Treatment
1. With respect to establishment 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, within its territory, to the persons of the other Party to this Chapter treatment no less favourable than that it accords in like circumstances to its own persons.
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
1. With respect to establishment 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 persons of the other Party to this Chapter treatment no less favourable than that it accords in like circumstances to persons of any third country.
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.
3. 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.
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:
a) in accordance with economic integration agreements of the former Party; or
b) on the basis of the agreements on avoidance of double taxation or other arrangements on taxation issues.
Article 8.23. Market Access
With respect to establishment and/or activities neither Party to this Chapter shall maintain or apply to persons of the other Party to this Chapter and/or to commercial presences of such persons set up within the territory of the former Party, respectively, limitations in respect of:
a) form of the commercial presence, including legal form of the entity;
b) total number of commercial presences set up;
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
d) transactions/operations performed by the commercial presence set up by the person of the other Party to this Chapter in the course of their activities in the form of quota or the requirement of economic needs test except for the limitations provided for in the individual national List of the former Party set out in Annex 3 to Protocol No. 1.