The Parties shall periodically review in the Joint Committee progress achieved in pursuing the objectives set out in this Chapter.
Chapter 12. INSTITUTIONAL PROVISIONS
ARTICLE 12.1
Joint Committee
1. The Parties hereby establish the EFTA-Viet Nam Joint Committee (Joint Committee) comprising representatives of each Party.
The Parties shall be represented by senior officials delegated by them for this purpose. The Joint Committee shall be chaired jointly by a representative of the EFTA States and a representative of Viet Nam.
2. The functions of the Joint Committee shall be to:
(a) supervise and review the implementation of this Agreement;
(b) consider and recommend to the Parties the possibility of further removal of barriers to trade and other restrictive measures concerning trade between the EFTA States and Viet Nam;
(c) oversee the further elaboration of this Agreement;
(d) supervise the work of all sub-committees and working groups established under this Agreement;
(e) endeavour to resolve disputes that may arise regarding the interpretation or application of this Agreement; and
(f) consider any other matter that may affect the operation of this Agreement.
3. The Joint Committee may decide to set up such sub-committees and working groups as it considers necessary to assist it in accomplishing its tasks. Except where otherwise provided for in this Agreement, the sub-committees and working groups shall work under a mandate established by the Joint Committee.
4. The Joint Committee may take decisions and make recommendations as provided for in this Agreement or as otherwise agreed by the Parties.
5. The Joint Committee shall take decisions and make recommendations by consensus. Where the Agreement foresees that a provision only concerns certain Parties, the Joint Committee may adopt decisions and make recommendations regarding issues related only to one or several EFTA States and Viet Nam. The vote shall in such cases only be taken between the Parties concerned and the decisions or recommendations shall only apply to those Parties.
6. The Joint Committee shall meet within one year of the entry into force of this Agreement. Thereafter, it shall meet whenever necessary but normally every two years.
The Joint Committee shall meet within one year of the entry into force of this Agreement. Thereafter, it shall meet whenever necessary but normally every two years.
Its meetings shall be chaired jointly by one of the EFTA States and Viet Nam. The Joint Committee shall establish its rules of procedure.
7. A Party may request at any time, through a notice in writing to the other Parties, that a special meeting of the Joint Committee be held. Such a meeting shall take place within 30 days of receipt of the request, unless the Parties agree otherwise.
8. The Joint Committee may decide to amend the Annexes and Appendices to this Agreement and, subject to paragraph 9, set forth the date on which such decisions enter into force.
9. If a representative of a Party in the Joint Committee has accepted a decision subject to the fulfilment of domestic legal requirements, the decision shall enter into force on the date that the last Party, so required notifies that its internal requirements have been fulfilled, unless the decision itself specifies a later date. The Joint Committee may decide that the decision shall enter into force for those Parties that have fulfilled their internal requirements, provided that Viet Nam is one of those Parties. A Party may, in accordance with its domestic laws and regulations, apply a decision of the Joint Committee provisionally until such decision enters into force for it.
ARTICLE 12.2
Contact Points
Each Party shall designate a contact point to facilitate communications between the Parties.
Chapter 13. DISPUTE SETTLEMENT
ARTICLE 13.1
Scope and Coverage
1. Unless otherwise provided for in this Agreement, including in Annex 13A (Temporary Arrangement on the Application of Dispute Settlement for Certain Matters), this Chapter shall apply with respect to the settlement of disputes between the Parties concerning the interpretation or application of this Agreement.
2. Disputes regarding the same matter arising under both this Agreement and the WTO Agreement may be settled in either forum at the discretion of the complaining Party. (17) The forum thus selected shall be used to the exclusion of the other.
3. For the purposes of paragraph 2, dispute settlement procedures under the WTO Agreement are deemed to be selected by a Party?s request for the establishment of a panel under Article 6 of the WTO Understanding on Rules and Procedures Governing the Settlement of Disputes, whereas dispute settlement procedures under this Agreement are deemed to be selected upon a request for the establishment of an arbitration panel pursuant to paragraph 1 of Article 13.4 (Establishment of Arbitration Panel).
4. Before a Party initiates dispute settlement proceedings under the WTO Agreement against another Party, that Party shall notify in writing all the other Parties of its intention.
ARTICLE 13.2
Good Offices, Conciliation or Mediation
1. Good offices, conciliation or mediation are undertaken voluntarily and may be requested at any time by any Party to the dispute. They may begin at any time by agreement of the Parties to the dispute and be terminated at any time by any Party to the dispute.
2. If the Parties to the dispute agree, good offices, conciliation, or mediation may continue while the proceedings of the arbitration panel provided for in this Chapter are in progress.
3. Proceedings involving good offices, conciliation and mediation shall be confidential and without prejudice to the Parties' rights in any further proceedings.
(17) For the purposes of this Chapter, the terms "Party", "Party to the dispute", "complaining Party" and "Party complained against" can denote one or more Parties.
ARTICLE 13.3
Consultations
1. The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and shall make every attempt through cooperation and consultations to reach a mutually satisfactory solution of any matter raised in accordance with this Article.
2. A Party may request in writing consultations with another Party if it considers that a measure is inconsistent with this Agreement. The Party requesting consultations shall at the same time notify the other Parties in writing of the request. The Party to which the request is made shall reply to the request within ten days from the date of receipt of the request for consultations. Consultations shall take place in the Joint Committee unless the Parties making and receiving the request for consultations agree otherwise.
3. Consultations shall commence within 30 days from the date of receipt of the request for consultations. Consultations on urgent matters, including those on perishable goods, shall commence within 15 days from the date of receipt of the request for consultations.
4. The request for consultations shall set out the reasons for the request, including identification of the specific measures at issue and an indication of the legal basis for the complaint, and providing sufficient information to enable an examination of the matter. Information designated as confidential by one Party shall be treated as such by the other Party.
5. The consultations shall be confidential and without prejudice to the rights of the Parties in any further proceedings.
6. The Parties to the dispute shall inform the other Parties of any mutually agreed resolution of the matter.
ARTICLE 13.4
Establishment of Arbitration Panel
1. The complaining Party that made a request for consultations under Article 13.3 (Consultations) may request in writing the establishment of an arbitration panel to the Party complained against:
(a) if the Party complained against does not reply to a request referred to in paragraph 2 of Article 13.3 (Consultations) within ten days;
(b) if the Party complained against does not enter into such consultations within 30 days, or within 15 days in case of consultations regarding urgent matters, including perishable goods, after the date of receipt of the request for such consultations; or
(c) if the Parties fail to resolve the dispute through such consultations within 60 days, or within 30 days in case of consultations regarding urgent matters, including perishable goods, after the date of receipt of the request for such consultations.
2. The request for the establishment of an arbitration panel shall identify the specific measure at issue and provide a brief summary of the legal and factual basis of the complaint. A copy of the request shall be communicated to the other Parties so that they may determine whether to participate in the arbitration process.
3. Where more than one Party requests the establishment of an arbitration panel relating to the same matter or where the request involves more than one Party complained against, and whenever feasible, a single arbitration panel should be established to examine complaints relating to the same matter.
4. A Party which is not a Party to the dispute shall be entitled, subject to delivery of a written notice to the Parties to the dispute and the panel no later than ten days after the establishment of the panel, to make written submissions to the arbitration panel, receive written submissions, including annexes, from the Parties to the dispute, attend hearings and make oral statements.
ARTICLE 13.5
Terms of Reference of Arbitration Panel
Unless the Parties to the dispute otherwise agree within 20 days after the date of receipt of the request for the establishment of the arbitration panel, the terms of reference of the arbitration panel shall be:
"To examine, in the light of the relevant provisions of this Agreement, the matter referred to in the request for the establishment of an arbitration panel pursuant to Article 13.4 (Establishment of Arbitration Panel), to make findings of law and fact together with the reasons, as well as recommendations, if any, for the resolution of the dispute and the implementation of the ruling."
ARTICLE 13.6
Appointment of Members of the Arbitration Panel
1. The arbitration panel shall comprise three members.
2. Within 30 days after the date of the receipt of the request pursuant to Article 13.4 (Establishment of Arbitration Panel) each Party to the dispute shall appoint one member of the arbitration panel.
3. The two appointed members shall agree on the appointment of the third member within 30 days of the appointment of the second member. The third member shall not be a national or permanent resident of a Party to the dispute. The member thus appointed shall chair the arbitration panel. The date of establishment of the arbitration panel shall be the date on which the Chairperson is appointed.
4. If all three members have not been appointed within 60 days from the date of receipt of the written request referred to in paragraph 2, any Party to the dispute may request the Secretary-General of the Permanent Court of Arbitration (PCA) to make the necessary appointments. If the Secretary-General is unable to act or is a national or permanent resident of a Party to the dispute, a Party to the dispute may request the Deputy Secretary-General of the PCA or the next person in line who is not a national or permanent resident of a Party to the dispute to make the necessary appointments.
5. Any member of the arbitration panel may be challenged if circumstances give rise to justifiable doubts as to the member's objectivity, reliability, sound judgment or independence. If a Party to the dispute does not agree with the challenge or the challenged member of the arbitration panel does not withdraw, the Party making the challenge may request the Secretary-General of the PCA to decide on the challenge. If the Secretary-General is unable to act or is a national or permanent resident of a Party to the dispute, the Party making the challenge may request the Deputy Secretary-General of the PCA or the next person in line who is not a national or permanent resident of a Party to the dispute to make a decision on the challenge.
6. If a member of the arbitration panel resigns, is removed or becomes unable to act, a successor shall be appointed in the same manner as prescribed for the appointment of the original member. The work of the arbitration panel shall be suspended pending appointment of the successor.
ARTICLE 13.7
Procedures of the Arbitration Panel
1. Unless otherwise specified in this Agreement or agreed between the Parties to the dispute, the procedures of the panel shall be governed by the Optional Rules for Arbitrating Disputes between Two States of the Permanent Court of Arbitration, as effective from 1992, mutatis mutandis.
2. The arbitration panel shall examine the matter referred to it in the request for the establishment of an arbitration panel in the light of the relevant provisions of this Agreement interpreted in accordance with rules of interpretation of public international law.
3. The language of any proceedings shall be English. The hearings of the arbitration panel shall be closed, unless the Parties to the dispute decide otherwise.
4. There shall be no ex parte communication with the arbitration panel concerning matters under its consideration.
5. A Party's written submissions, written versions of oral statements and responses to questions put by an arbitration panel shall, at the same time as it is submitted to the arbitration panel, be transmitted by that Party to the other Party to the dispute.
6. The Parties shall treat as confidential the information submitted to the arbitration panel which has been designated as confidential by the Party submitting the information. Upon request of another Party, a Party shall provide a non-confidential summary of the information contained in its written submissions that could be disclosed to the public.
7. Decisions of the arbitration panel shall be taken by a majority of its members. Any member may furnish separate opinions on matters not unanimously agreed. The arbitration panel shall not disclose which members are associated with majority or minority opinions.
8. The panel report shall be drafted without the presence of the Parties, and in the light of the information provided and the statements made.
ARTICLE 13.8
Panel Reports
1. The arbitration panel shall normally submit an initial report containing its findings and rulings to the Parties to the dispute not later than 90 days from the date of establishment of the arbitration panel. A Party to the dispute may submit written comments to the arbitration panel on its initial report within 15 days from the date of receipt of the report. The arbitration panel shall normally present to the Parties to the dispute a final report within 30 days from the date of receipt of the initial report.
2. The final report, as well as any report under Articles 13.10 (Implementation of the Final Panel Report) and 13.11 (Compensation and Suspension of Benefits), shall be communicated to the Parties. The reports shall be made public, unless the Parties to the dispute decide otherwise.
3. Any ruling of the arbitration panel under any provision of this Chapter shall be final and binding upon the Parties to the dispute.
ARTICLE 13.9
Suspension or Termination of Arbitration Panel Proceedings
1. Where the Parties to the dispute agree, an arbitration panel may suspend its work at any time for a period not exceeding 12 months. If the work of an arbitration panel has been suspended for more than 12 months, the arbitration panel?s authority for considering the dispute shall lapse, unless the Parties to the dispute agree otherwise.
2. A complaining Party may withdraw its complaint at any time before the initial report has been issued. Such withdrawal is without prejudice to its right to introduce a new complaint regarding the same issue at a later point in time.
3. The Parties to the dispute may agree at any time to terminate the proceedings of an arbitration panel established under this Agreement by jointly notifying in writing the Chairperson of that arbitration panel.
4. An arbitration panel may, at any stage of the proceedings prior to release of the final report, propose that the Parties to the dispute seek to settle the dispute amicably.
ARTICLE 13.10
Implementation of the Final Panel Report
1. The Party complained against shall promptly comply with the ruling in the final report. If the Party complained against finds it impracticable to comply immediately, the Parties to the dispute shall endeavour to agree on a reasonable period of time to do so. In the absence of such agreement within 45 days, from the date of the issuance of the final report, a Party to the dispute may request the original arbitration panel to determine the length of the reasonable period of time, in light of the particular circumstances of the case. The ruling of the arbitration panel shall normally be given within 60 days from the date of receipt of that request.
2. The Party complained against shall notify the other Party to the dispute of the measure adopted in order to comply with the ruling in the final report, as well as provide a detailed description of how the measure ensures compliance sufficient to allow the other Party to the dispute to assess the measure.
3. Where there is disagreement between the Parties as to whether the Party complained against has complied with the ruling in the final report within the time frames determined pursuant to paragraph 1, a Party to the dispute may refer the matter to the original arbitration panel before compensation can be sought or suspension of benefits can be applied in accordance with Article 13.11 (Compensation and Suspension of Benefits). The ruling of the arbitration panel shall normally be rendered within 90 days from the date of receipt of the request.
ARTICLE 13.11
Compensation and Suspension of Benefits
1. If the Party complained against does not comply with a ruling of the arbitration panel referred to in Article 13.10 (Implementation of the Final Panel Report), or notifies the complaining Party that it does not intend to comply with the final panel report, that Party shall, if so requested by the complaining Party, enter into consultations with a view to agreeing on mutually acceptable compensation. If no such agreement has been reached within 20 days from the date of receipt of the request, the complaining Party shall be entitled to suspend the application of benefits granted under this Agreement but only equivalent to those affected by the measure that the arbitration panel has found to be inconsistent with this Agreement.
2. In considering what benefits to suspend pursuant to paragraph 1:
(a) the complaining Party should first seek to suspend benefits with respect to the same sector or sectors as that in which the final report has found a failure to comply with the obligations under this Agreement; and
(b) if the complaining Party considers that it is not practicable or effective to suspend benefits with respect to the same sector or sectors, it may suspend benefits with respect to other sectors.
3. The complaining Party shall notify the Party complained against of the benefits which it intends to suspend, the grounds for such suspension and when suspension will commence, no later than 30 days before the date on which the suspension is due to take effect. Within 15 days from the date of receipt of that notification, the Party complained against may request the original arbitration panel to rule on whether the benefits which the complaining Party intends to suspend are equivalent to those affected by the measure found to be inconsistent with this Agreement, and whether the proposed suspension is in accordance with paragraphs 1 and 2. The ruling of the arbitration panel shall be given within 45 days from the date of receipt of that request. Benefits shall not be suspended until the arbitration panel has issued its ruling.
4. Compensation and suspension of benefits shall be temporary measures and shall only be applied by the complaining Party until the measure or matter found to be inconsistent with this Agreement has been withdrawn or amended so as to bring it into conformity with this Agreement, or until the Parties to the dispute have resolved the dispute otherwise. Neither compensation nor suspension is preferred to full elimination of the non-conformity as determined in the panel report.
5. At the request of a Party to the dispute, the original arbitration panel shall rule on the conformity with the final report of any implementing measures adopted after the suspension of benefits and, in light of such ruling, whether the suspension of benefits should be terminated or modified. The ruling of the arbitration panel shall be given within 30 days from the date of receipt of that request.
ARTICLE 13.12
Other Provisions
1. Whenever possible, the arbitration panel referred to in Articles 13.10 (Implementation of the Final Panel Report) and 13.11 (Compensation and Suspension of Benefits) shall comprise the same members of the arbitration panel who issued the final report. If a member of the original arbitration panel is unavailable, the appointment of a replacement member of the arbitration panel shall be conducted in accordance with the selection procedure for the original member of the arbitration panel.
2. Any time period mentioned in this Chapter may be modified by mutual agreement of the Parties to the dispute.
3. When an arbitration panel considers that it cannot comply with the timeframe imposed on it under this Chapter, it shall inform the Parties to the dispute in writing and provide an estimate of the additional time required. Any additional time required should not exceed 30 days.
Chapter 14. FINAL PROVISIONS
ARTICLE 14.1
Fulfilment of Obligations
The Parties shall take any measures required to fulfil their obligations under this Agreement.
ARTICLE 14.2
Annexes and Appendices
The Annexes to this Agreement, including their Appendices, constitute an integral part of this Agreement.
ARTICLE 14.3
Amendments
1. Any Party may submit proposals for amendments to this Agreement to the Joint Committee for consideration and recommendation.
2. This Agreement may be amended by agreement in writing by the Parties. Except as otherwise provided for in paragraph 8 of Article 12.1 (Joint Committee), amendments to this Agreement shall be submitted to the Parties for ratification, acceptance or approval in accordance with their respective domestic legal requirements.
3. Unless otherwise agreed by the Parties, amendments shall enter into force on the first day of the third month following the deposit of the last instrument of ratification, acceptance or approval.
4. The text of the amendments and the instruments of ratification, acceptance or approval shall be deposited with the Depositary.
5. Amendments regarding issues related only to one or several EFTA States and Viet Nam shall be agreed upon by the Parties concerned only.
ARTICLE 14.4
Accession
1. Any State becoming a Member of EFTA may accede to this Agreement on terms and conditions agreed by the Parties and the acceding State.
2. In relation to an acceding State, this Agreement shall enter into force on the first day of the third month following the date on which the acceding State and the existing Parties have deposited their instruments of ratification, acceptance or approval of the terms and conditions of accession.
ARTICLE 14.5
Withdrawal and Expiration
1. Each Party may withdraw from this Agreement by means of a written notification to the Depositary. The withdrawal shall take effect six months after the date on which the notification is received by the Depositary.
2. If Viet Nam withdraws, this Agreement shall expire when Viet Nam's withdrawal becomes effective.
3. Any EFTA State which withdraws from the Convention establishing the European Free Trade Association shall, ipso facto on the same day as the withdrawal takes effect, cease to be a Party to this Agreement.
ARTICLE 14.6
Entry into Force
1. This Agreement is subject to ratification, acceptance or approval in accordance with the respective domestic legal requirements of the Parties. The instruments of ratification, acceptance or approval shall be deposited with the Depositary.
2. This Agreement shall enter into force on the first day of the third month following the date on which Viet Nam and at least one EFTA State have deposited their instrument of ratification, acceptance or approval with the Depositary.
3. In relation to an EFTA State depositing its instrument of ratification, acceptance or approval after this Agreement has entered into force, the Agreement shall enter into force on the first day of the third month following the deposit of its instrument.
ARTICLE 14.7
Depositary
The Government of Norway shall act as Depositary.
Conclusion
IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments thereto, have signed this Agreement.
Done at Ha Noi, this 18th day of October 2026, in two originals in the English language, one being deposited with the Depositary and one being lodged with Viet Nam. The two originals shall be equally authentic. The Depositary shall transmit certified copies to the Parties.
For the Government of Iceland
Þorgerður Katrín Gunnarsdóttir
Minister for Foreign Affairs
Iceland
For the Government of the Socialist Republic of Viet Nam
Dr. Lê Mạnh Hùng
Minister of Industry and Trade
Socialist Republic of Viet Nam
For the Government of the Principality of Liechtenstein