Equal Opportunities for All
1. The Parties acknowledge that gender-responsive policies are key elements to enhance the participation of all in the economy and international trade in order to achieve sustainable economic growth.
2. The Parties reaffirm their commitment to implement in their laws, policies and practices the international agreements pertaining to gender equality or non-discrimination to which they are a party.
ARTICLE 10.7
Multilateral Environmental Agreements and Environmental Principles
1. The Parties reaffirm their commitment to the effective implementation in their domestic laws and practices of the multilateral environmental agreements to which they are a party, as well as their adherence to environmental principles reflected in the international instruments referred to in Article 10.1 (Context and Objectives).
2. The Parties underline the benefit of cooperation on trade-related environmental issues, as reflected in Article 10.13 (Cooperation).
ARTICLE 10.8
Promotion of Trade and Investment Favouring Sustainable Development
1. The Parties shall strive to facilitate and promote foreign investment, trade in and dissemination of goods and services beneficial to the environment, including environmental technologies, sustainable renewable energy, energy efficient and eco-labelled goods and services, including through addressing related non-tariff barriers.
2. The Parties shall, in accordance with their domestic laws and regulations, strive to facilitate and promote foreign investment, trade in and dissemination of goods and services that contribute to sustainable development, including goods and services that are the subject of voluntary schemes such as fair and ethical trade.
3. To this end, the Parties agree to exchange views and may consider, jointly or bilaterally, cooperation in this area.
4. The Parties shall encourage cooperation between enterprises in relation to goods, services and technologies that contribute to sustainable development and are beneficial to the environment.
ARTICLE 10.9
Sustainable Forest Management and Associated Trade
1. The Parties recognise the importance of ensuring conservation and sustainable management of forests and related ecosystems with the objective to halt and to reverse deforestation and forest degradation, including from land use and land-use change for agricultural and mining activities.
2. Pursuant to paragraph 1, the Parties commit to:
(a) ensure effective forest law enforcement and governance;
(b) promote trade in products that derive from sustainably managed forests and related ecosystems;
(c) implement measures to combat illegal logging and promote the development and use of timber legality assurance instruments to ensure that only legally sourced timber is traded between the Parties;
(d) promote the effective use of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) with particular regard to timber species; and
(e) cooperate on issues pertaining to conservation and sustainable management of forests, mangroves and peatlands where relevant through existing bilateral arrangements if applicable and in the relevant multilateral fora in which they participate.
ARTICLE 10.10
Trade and Climate Change
1. The Parties recognise the importance of pursuing the objectives of the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement in order to address the urgent threat of climate change and the role of trade and investment in pursuing these objectives.
2. Pursuant to paragraph 1, the Parties:
(a) reaffirm their commitment to implement their respective obligations and commitments under the UNFCCC and the Paris Agreement;
(b) commit to promote the contribution of trade and investment to the transition to a low-carbon-economy and to climate-resilient development; and
(c) commit to cooperate bilaterally and in international fora as appropriate on trade-related climate change issues.
ARTICLE 10.11
Trade and Biological Diversity
1. The Parties recognise the importance of the conservation and sustainable use of biological diversity, and the role of trade in pursuing these objectives.
2. Pursuant to paragraph 1, the Parties commit to:
(a) consider the inclusion of animal and plant species in the appendices to CITES where a species is threatened or may be threatened with extinction;
(b) implement effective measures to combat transnational organised wildlife crime throughout the entire value chain, including, where relevant with respect to non-Parties;
(c) enhance efforts to prevent or control the introduction and spread of invasive alien species, in connection with trade activities; and
(d) cooperate, where applicable, on issues concerning trade and the conservation and sustainable use of biological diversity, including initiatives to reduce demand for illegal wildlife products.
ARTICLE 10.12
Trade and Sustainable Management of Fisheries and Aquaculture
1. The Parties recognise the importance of ensuring the conservation and sustainable management of living marine resources and marine ecosystems as well as the promotion of responsible and sustainable aquaculture, and the role of trade in pursuing these objectives.
2. Pursuant to paragraph 1, the Parties commit to:
(a) implement comprehensive, effective and transparent policies and measures to combat illegal, unreported and unregulated (IUU) fishing and aim to prevent IUU products from trade flows;
(b) promote the use of relevant international guidelines and agreements, including the Food and Agriculture Organization of the United Nations' Voluntary Guidelines for Catch Documentation Schemes;
(c) cooperate bilaterally and in relevant international fora in the fight against IUU fishing by, inter alia, facilitating the exchange of information on IUU fishing activities;
(d) promote and support the objectives reflected in the WTO Agreement on Fisheries Subsidies concerning subsidies related to IUU fishing and other harmful fisheries subsidies addressed therein; and
(e) promote the development of sustainable aquaculture, taking into account its economic, social and environmental aspects.
ARTICLE 10.13
Cooperation
1. The Parties shall strive to strengthen their cooperation on trade and investment related labour and environmental issues of mutual interest, recognising that such cooperation will help them achieve their shared environmental and labour goals and objectives.
2. In undertaking cooperative activities, the Parties shall be guided by their respective international commitments and the following principles:
(a) consideration of each Party?s priorities, level of development and available resources;
(b) broad involvement of, and mutual benefit to, the Parties;
(c) relevance of capacity and capability-building activities, including technical assistance between the Parties to address labour and environmental issues and promote initiatives in these fields;
(d) generation of measurable, positive and meaningful labour and environmental outcomes;
(e) resource efficiency, including through the use of technology, as appropriate, to optimise resources used in cooperative activities; and
(f) complementarity with existing regional and multilateral initiatives to address labour and environmental issues.
3. Areas of cooperation may include:
(a) promotion of the awareness of and respect for the fundamental principles and rights at work as stated in the ILO Declaration on Fundamental Principles and Rights at Work, and for decent working conditions for all, as defined by the ILO;
(b) wages and earnings;
(c) working time and other conditions of work;
(d) occupational safety and health;
(e) social protection;
(f) social dialogue and tripartism;
(g) labour inspection system;
(h) productive employment;
(i) labour administration, including access to administrative and judicial proceedings;
(j) the implementation of CITES, UNFCCC and the Paris Agreement;
(k) the establishment and operation of the carbon market;
(l) sustainable development of marine aquaculture; and
(m) the 2022 WTO Agreement on Fisheries Subsidies implementation.
4. The Parties may undertake activities in the areas of cooperation in paragraph 3 through, inter alia:
(a) workshops, seminars, dialogues and relevant regional and multilateral fora;
(b) studies;
(c) technical assistance and capacity building; and
(d) exchange of information, knowledge, and best practices.
5. Cooperative activities under this Article shall be conducted in accordance with the procedures set out in the Chapter 11 (Cooperation and Capacity Building).
ARTICLE 10.14
Implementation and General Principles
1. Each Party shall designate an administrative entity which shall serve as contact point for the purposes of implementing this Chapter.
2. The Parties affirm the importance and mutually beneficial nature of bilateral dialogue mechanisms to enhance cooperation and address matters arising under this Chapter.
3. If a Party considers that a measure of another Party does not comply with the obligations under this Chapter, it may have recourse to consultations in accordance with Article 10.15 (Consultations).
4. No Party shall have recourse to Chapter 13 (Dispute Settlement) for any matter arising under this Chapter, except as otherwise provided for in this Chapter.
5. Each Party shall, in accordance with either its domestic laws, procedures, or practices, provide its stakeholders with the opportunity to share comments regarding the implementation of this Chapter.
ARTICLE 10.15
Consultations
1. A Party (the requesting Party) may request consultations with another Party (the responding Party) regarding any matter arising under this Chapter by delivering a written request to the contact point of the responding Party referred to in Article 10.14 (Implementation and General Principles). The request shall present the matter clearly, identify the problem at issue and provide a brief summary of the claims under this Chapter, including the indication of the relevant provisions thereof and an explanation of how the problem affects the objectives of this Chapter, as well as any other information the requesting Party deems relevant. The requesting Party shall at the same time provide a copy of the notification to the other Parties through the contact points referred to in Article 10.14 (Implementation and General Principles).
2. Unless otherwise agreed by the requesting Party and the responding Party (consulting Parties), bilateral consultations shall begin no later than 30 days from the receipt of the request for consultations.
3. Consultations may be held in person or by any technological means available to the consulting Parties.
4. The consulting Parties shall make every attempt to arrive at a mutually satisfactory resolution of the matter. During consultations, due attention shall be given to the domestic circumstances of the consulting Parties, including their levels of development. Where relevant, the consulting Parties shall give due consideration to the activities of the ILO or relevant multilateral environmental organisations or bodies and may, by mutual agreement, seek advice from these organisations or bodies, or any other body or person they deem appropriate, in order to fully examine the matter.
5. The consulting Parties shall inform the other Parties of any mutually agreed resolution of the matter. Any mutually agreed resolution shall be made publicly available, unless the consulting Parties agree otherwise.
6. If a Party considers that the matter needs further discussion, that Party may, by delivering a written request to the contact point of the other Party, request that the Joint Committee be convened to consider the matter. The Joint Committee shall convene promptly and endeavour to agree on a resolution of the matter.
ARTICLE 10.16
Panel of Experts
1. If the matter has not been satisfactorily resolved within 120 days, or a longer period agreed by both Parties, after the delivery of a request for consultations under Article 10.15 (Consultations), a Party may request, by delivering a written request to the contact point of the other Party, that a Panel of Experts be convened to examine that matter. Articles 13.4 (Establishment of Arbitration Panel) and 13.7 (Procedures of the Arbitration Panel) of Chapter 13 (Dispute Settlement) shall apply mutatis mutandis, except as otherwise provided for in this Article.
2. The panellists shall have specialised knowledge of, or expertise in, international trade law, labour or environmental law, issues addressed in this Chapter, or the resolution of disputes arising under international agreements. They shall be independent, serve in their individual capacities and shall not take instructions from any organisation or government with regard to issues related to the disagreement, or be affiliated with the government of a Party.
3. The Panel of Experts should seek information or advice from relevant international organisations or bodies. Any information obtained shall be submitted to the Parties concerned for their comments.
4. The Panel of Experts shall submit an initial report containing its findings and recommendations to the Parties concerned within 90 days from the date of establishment of the Panel of Experts. A Party concerned may submit written comments to the Panel of Experts on its initial report within 45 days from the date of receipt of the report. After considering any such written comments, the Panel of Experts may modify the initial report and make any further examination it considers appropriate. The Panel of Experts shall present to the Parties concerned a final report within 90 days from the date of receipt of the initial report. The final report shall be made public.
5. The Parties concerned shall discuss appropriate measures to implement the final report of the Panel of Experts. Such measures shall be communicated to the other Parties within 90 days from the date of issuance of the final report and shall be monitored by the Joint Committee.
6. Any time period for the purposes of this Article may be modified by mutual agreement of the Parties concerned.
7. When a Panel of Experts considers that it cannot comply with a timeframe imposed on it for the purposes of this Article, it shall inform the Parties concerned in writing and provide an estimate of the additional time required. Any additional time should not exceed 30 days.
8. Where a procedural question arises, the Panel of Experts may, after consultation with the Parties concerned, adopt an appropriate procedure.
ARTICLE 10.17
Review
The Parties shall periodically review in the Joint Committee progress achieved in pursuing the objectives set out in this Chapter and consider relevant international developments to identify areas where further action could promote these objectives.
Chapter 11. COOPERATION AND CAPACITY BUILDING
ARTICLE 11.1
Objectives and Scope
1. The Parties shall undertake to promote technical cooperation and capacity building under this Agreement in order to facilitate the implementation of the overall objective of this Agreement and foster economic growth and sustainable development between the Parties.
2. Cooperation activities undertaken under this Chapter shall in particular enhance trade and investment opportunities arising from this Agreement, foster competitiveness of goods and services and contribute to sustainable development in accordance with national strategies and policy objectives taking into account the different levels of social and economic developments between the Parties.
ARTICLE 11.2
Resources, Methods and Means of Cooperation and Capacity Building
1. Recognising the different level of development of the Parties, the Parties shall work to provide resources for cooperation and capacity building activities conducted under this Chapter in accordance with the domestic laws and regulations and available resources of the Parties. Resources will build on a number of sources, as appropriate, and in accordance with the domestic laws and regulations of each Party in a manner to be mutually agreed between the Parties.
2. The Parties shall cooperate with the objective of identifying and employing effective methods and means for the implementation of this Chapter, building on existing forms of or planned bilateral cooperation between the Parties, and where applicable, taking into account the efforts undertaken by relevant international organisations in order to ensure effectiveness and coordination.
3. Technical cooperation and capacity building provided by the EFTA States for the implementation of this Chapter shall be carried out through programmes administered by the EFTA Secretariat with the contact point of Viet Nam pursuant to this Chapter, without prejudice to other technical cooperation and capacity building programmes that the Parties may develop in fields covered by this Agreement.
4. Cooperation and capacity building may be undertaken in the following ways:
(a) joint organisation of conferences, seminars, workshops, meetings, training sessions, and outreach and education programs;
(b) dialogue and exchange of information, knowledge, best practices, expertise and collaborative platforms, programs and projects through government agencies and through facilitating contacts between relevant institutions and organisations in accordance with each Party?s domestic laws and regulations;
(c) facilitation of joint business initiatives between entrepreneurs of the Parties;
(d) institutional assistance and capacity building; and
(e) any other methods and means of technical cooperation and capacity building as mutually agreed by the Parties.
ARTICLE 11.3
Fields of Cooperation and Capacity Building
Technical cooperation and capacity building may cover the following fields:
(a) trade and investment promotion;
(b) customs and origin matters and trade facilitation;
(c) fisheries and aquaculture;
(d) agriculture, livestock and forestry;
(e) technical regulations (TBT);
(f) sanitary and phytosanitary measures (SPS);
(g) intellectual property rights (IPR);
(h) competition;
(i) small and medium-sized enterprises (SMEs);
(j) human resources management and development;
(k) science, technology, innovation and digitalisation; or
(l) any other fields of cooperation agreed by the Parties.
ARTICLE 11.4
Contact Points
1. The Parties shall establish and maintain contact points in order to facilitate communication and implementation of this Chapter.
2. The contact points shall:
(a) inform about ongoing bilateral and multilateral projects of direct relevance to the implementation of this Agreement;
(b) exchange views and information on cooperation in the relevant fields of cooperation and capacity building and identify ways of further cooperation and capacity building between the Parties;
(c) initiate, coordinate, implement and review progress, on a mutually agreed basis, technical cooperation activities organised by the EFTA Secretariat and Viet Nam, for the effective implementation of this Agreement;
(d) monitor, review, and discuss issues concerning the effective implementation and operation of this Chapter; and
(e) discuss and coordinate any issues related to this Chapter as mutually agreed by the Parties.
ARTICLE 11.5
Dispute Settlement
1. No Party shall have recourse to dispute settlement under Chapter 13 (Dispute Settlement) for any matter arising under this Chapter.
2. Any matter arising under this Chapter between the Parties concerning interpretation and implementation of this Chapter shall be settled amicably.
ARTICLE 11.6
Review