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
1. The Parties shall maintain competition laws and regulations and authorities. They will apply these laws in an effective, non-discriminatory and transparent way in order to foster legal certainty in their respective territories.
2. To this end, the Parties may engage in capacity building and other cooperation activities in the development and implementation of competition laws and regulations, subject to the availability of funding under the Parties' cooperation instruments and programmes.
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
1. The Parties reaffirm the great importance they attach to the protection of intellectual property rights (IPR) and the full implementation of international commitments on protection of IPR, with a view to ensuring adequate and effective protection of such rights, in accordance with the relevant international standards/agreements, such as the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS) and the International Convention for the Protection of New Varieties of Plants (UPOV), including effective means of enforcement.
2. The Parties agree to enhance cooperation on intellectual property protection and enforcement, including on appropriate means to facilitate protection and registration of the other party's geographical indications in their respective territories, taking into account international rules, practices and developments in this area and their respective capacity.
3. The cooperation shall be implemented in the forms agreed by the Parties, including the exchange information and experiences on issues such as the practice, promotion, dissemination, streamlining, management, harmonisation, protection, enforcement and effective application of intellectual property rights, the prevention of abuses of such rights, and the fight against counterfeiting and piracy, including the establishment and strengthening of organisations for the control and protection of such rights.
Article 21. Enhanced Participation of Economic Actors
1. The Parties shall encourage and facilitate the operation of Chambers of Commerce and Industry as well as cooperation among professional associations of the Parties with a view to promoting trade and investment in areas of interest to both Parties.
2. The Parties shall encourage a dialogue between their respective regulatory bodies and private sector actors with a view to discussing recent developments in the trade and investment environment, exploring development needs of the private sector and exchanging views on policy frameworks for strengthening corporate competitiveness.
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
1. The Parties agree on the need to work towards and to cooperate on preventing the risk that their financial systems are abused and that the proceeds of any serious criminal activities are laundered, as recommended by the Financial Action Task Force (FATF).
2. Both Parties agree to promote training and technical assistance aimed at the development and implementation of regulations and the efficient functioning of mechanisms to combat money laundering and terrorism financing. In particular, cooperation shall allow for the exchange of relevant information between the competent authorities of the Parties within the framework of their respective legislation on the basis of appropriate standards to combat money laundering and the financing of terrorism equivalent to those adopted by the Parties and the international bodies active in this area, such as the Financial Action Task Force (FATF).
Article 25. Cooperation Against Illicit Drugs
1. The Parties shall cooperate to ensure a comprehensive and balanced approach, through effective action and coordination between the competent authorities, including from the law enforcement, customs, health, justice and interior sectors and other relevant sectors, with the aim of reducing the supply (including illicit cultivation of opium poppies and production of synthetic drugs) and trafficking of, and demand for, illicit drugs as well as their impact on drug users and society at large, and to achieve more effective precursors control.
2. The Parties shall agree on means of cooperation to attain these objectives. Actions shall be based on commonly agreed principles along the lines of the relevant international conventions to which they are parties; the Political Declaration, the Declaration on the Guiding Principles of Drug Demand Reduction, and the Measures to Enhance International Cooperation to Counter the World Drug Problem, adopted by the 20th UN General Assembly Special Session on Drugs in June 1998; and the Political Declaration and the Plan of Action adopted at the 5274 session of the UN Commission on Narcotic Drugs in March 2009.
3. The cooperation between the Parties shall comprise technical and administrative assistance in particular in the following areas: drafting of national legislation and policies; establishment of national institutions and information and monitoring centres; training of personnel; drug related research; efforts to reduce the demand for, and the harm from, drugs; and judicial and police cooperation; and effective precursors control as it relates to the illicit manufacture of narcotic drugs and psychotropic substances. The Parties may agree to include other areas.
Article 26. Protection of Personal Data
1. The Parties agree to cooperate in order to improve the level of protection of personal data to the highest international standards, as appropriate, such as those contained in international instruments, in so far as they apply to the Parties.
2. Cooperation on protection of personal data may include, inter alia, technical assistance in the form of an exchange of information and expertise.
Title VI. SOCIO-ECONOMIC DEVELOPMENT AND OTHER AREAS OF COOPERATION
Article 27. Cooperation on Migration
1. The Parties reaffirm the importance of joint efforts to manage migratory flows between their territories. With a view to strengthening cooperation, the Parties shall establish a comprehensive dialogue on all migration-related issues. Migration concerns shall be included in the national strategies for economic and social development of countries of origin, transit and destination of migrants.
2. 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:
(a) addressing the root causes of migration;
(b) engaging in a comprehensive dialogue on legal migration, aiming at, as mutually agreed, the setting up of mechanisms for promoting legal migration opportunities;
(c) 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";
(d) 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;
(e) 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;
(f) 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;
(g) issues identified as being of mutual interest in the field of visas and security of travel documents;
(h) issues identified as being of mutual interest in the field of border controls;
(i) technical and human capacity building.
3. 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:
(a) once the Vietnamese nationality of a person to be readmitted has been established by the competent authorities of Vietnam in accordance with national legislations or relevant existing agreements, Vietnam 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;
(b) 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 Vietnam, 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 Vietnam shall, upon request by Vietnam or the Member State concerned, make arrangements to interview the person in order to establish nationality.
4. Subject to their respective laws and procedures, the Parties will enhance their cooperation on readmission issues, aiming, upon request by either Party, and as mutually agreed, at the negotiation of an agreement between the EU and Vietnam on the readmission of their respective citizens.
Article 28. Education and Training
1. The Parties agree to promote cooperation in education and training that duly respects their diversity in order to strengthen mutual understanding and agree to raise awareness about education opportunities in the EU and in Vietnam.
2. The Parties shall furthermore place emphasis on measures designed to create links between their respective higher education institutions and specialist agencies and to encourage the exchange of information, know-how, students, experts and technical resources, taking advantage of the facilities offered by Union programmes in Southeast Asia in the area of education and training as well as the experience that both Parties have acquired in this area.
3. Both sides also agree to promote the implementation of relevant programmes for higher education such as the Erasmus Mundus programme and conference interpreter training programmes and encourage educational institutions in the EU and in Vietnam to cooperate in joint degree and research programmes with a view to encouraging academic cooperation and mobility.
4. The Parties further agree to start a dialogue on matters of mutual interest relating to the modernisation of higher education and technical and vocational training system, which could notably include measures for technical assistance, aimed at, inter alia, improving the qualification framework and quality assurance.
Article 29. Health
1. The Parties agree to cooperate in the health sector with a view to improving health conditions and social welfare, in particular strengthening the health system, including health care and health insurance.
2. Cooperation shall take place mainly on:
(a) programmes aiming at strengthening the health sector, including the improvement of health systems, health services and health conditions as well as social welfare;
(b) 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;
(c) international agreements in health, in particular the Framework Convention on Tobacco Control and the International Health Regulations;
(d) food safety standards, including automatic control network for food imports, as covered by Article 14;
(e) the exchange of information, experience on pharmaceutical and medical equipment policies and regulations, as mutually agreed;
(f) 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.
3. The Parties recognise the importance of further modernisation of the health sector and agree to strengthen capacity building and technical assistance in the health sector.
Article 30. Environment and Natural Resources
1. The Parties agree on the need to conserve and manage in a sustainable manner natural resources and biological diversity as a basis for the development of current and future generations.
2. The Parties agree that cooperation in this area shall promote the conservation and improvement of the environment in pursuit of sustainable development. The outcome of the World Summit on Sustainable Development shall be taken into account in all activities undertaken by the Parties under this Agreement.
3. The Parties agree to cooperate with a view to enhancing the mutual supportiveness of environmental policies and the integration of environmental considerations into all sectors of cooperation.
4. The Parties undertake to continue and strengthen their cooperation specifically as regards:
(a) 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;
(b) promoting environmental awareness and enhancing local participation, including the participation of indigenous and local communities in environmental protection and sustainable development efforts;
(c) promoting and deploying environmental technologies, products and services, including through the use of regulatory and market-based instruments;
(d) preventing illegal transboundary movements of waste, including hazardous waste and ozone-depleting substances;
(e) improving ambient air quality, environmentally sound management of waste, chemicals safety, sustainable integrated water resource management and promoting sustainable consumption and production;
(f) 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;
(g) 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;
(h) protecting and preserving coastal and marine environment and promoting the efficient management of marine resources in order to achieve a sustainable marine development;
(i) protecting soil and preserving soil functions and sustainable land management;
(j) 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.
5. To these ends, the Parties shall aim at strengthening cooperation, through bilateral and multilateral frameworks, including technical assistance programmes with a view to promoting the development, transfer and utilisation of environment- friendly technologies, as well as initiatives and partnership arrangements based on the principle of mutual benefit for an early realisation of the Millennium Development Goals.
Article 31. Cooperation on Climate Change
1. The Parties agree to cooperate to accelerate the fight against climate change and its impact on environmental degradation and poverty, promote policies to help mitigate climate change and adapt to the negative effects of climate change, especially the rise of sea level, and to set their economies on sustainable low- carbon growth paths.
2. The objectives of the cooperation shall be to:
(a) 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);
(b) 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;
(c) promote Sustainable Consumption and Production (SCP) patterns in their economies, contributing to minimising pressures on the eco- systems, including soils and climate;
(d) 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.
3. In order to achieve the objectives set out in paragraph 2, the Parties shall:
(a) intensify policy dialogue and cooperation at the technical level;
(b) promote cooperation on Research and Development (R&D) activities and low-emission technologies;
(c) strengthen cooperation on nationally appropriate mitigation actions, low carbon growth plans, national programmes for adaptation to climate change and on Disasters Risks Reduction;
(d) enhance capacity building and strengthen institutions to address climate change challenges;
(e) 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
1. 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:
(a) agricultural policy and international agricultural outlook in general;
(b) facilitation of trade between the Parties in plants and animals and their products, and market development and promotion;
(c) development policy in rural areas;
(d) 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);
(e) animal welfare;
(f) development of sustainable and environmentally-friendly agriculture and on the transfer of bio-technologies;
(g) supporting sustainable and responsible long-term marine and fisheries policy including conservation and management of coastal and marine resources;
(h) 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);
(i) heredity research, variety selection of animals and plants, including high-quality livestock improvement, and research on feed and nutrition for terrestrial and aquatic animals;
(j) mitigation of negative effects of climate change on agricultural production and poverty reduction in remote and rural areas;
(k) supporting and promoting sustainable forest management, including climate change adaptation and mitigation of negative effects.
2. The Parties agree to examine possibilities for technical assistance in plant and animal productions, including but not limited to improvement of animal and plant productivity and product quality, and further agree to consider capacity-building programmes aimed at building managerial capability in this field.
Article 33. Cooperation Related to Gender Equality
1. The Parties shall cooperate in strengthening gender-related policies and programmes, as well as institutional and administrative capacity building and supporting the implementation of national strategies on gender equality, including women's rights and empowerment, in order to ensure the equitable participation of men and women in all sectors of economic, cultural, political and social life. In particular, the cooperation shall focus on improving women's access to necessary resources for the full exercise of their fundamental rights.
2. The Parties shall promote the creation of an adequate framework to:
(a) ensure that gender-related issues are duly incorporated into all development strategies, policies and programmes; (b) 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:
(a) 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;
(b) 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
1. The Parties agree to cooperate in the promotion and protection of human rights, including with regard to the implementation of international human rights instruments to which they are parties.
Technical assistance will be provided to this end.
2. Such cooperation may include:
(a) human rights promotion and education;
(b) strengthening of human rights-related institutions;
(c) strengthening the existing human rights dialogue;
(d) 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:
(a) improving organisational efficiency, including decentralisation;
(b) increasing institutions' effectiveness in service delivery;
(c) improving the management of public finance and accountability in accordance with the Parties' respective laws and regulations;
(d) improving the legal and institutional framework;
(e) building capacities for policy design and implementation (public service delivery, budget composition and execution, anti-corruption);
(f) building capacity of law enforcement mechanisms and agencies;
(g) reforming the public service, agencies and administrative procedures;
(h) capacity building for modernisation of the public administration.
Article 37. Associations and Non-governmental Organisations
1. The Parties recognise the role and potential contribution of associations and NGOs, including the social partners, in the cooperation process under this Agreement.
2. In accordance with democratic principles and legal and administrative provisions of each Party, organised associations and NGOs may:
(a) participate in the policy-making process;
(b) 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;
(c) receive financial resources, insofar as the internal rules of each Party so allow, and capacity-building support in critical areas;
(d) participate in the implementation of cooperation programmes in the areas that concern them.
Article 38. Culture
1. The Parties agree to promote multi-faceted cultural cooperation that duly respects their diversity in order to increase mutual understanding and the knowledge of their respective cultures.
2. The Parties endeavour to take appropriate measures to promote cultural exchanges and carry out joint initiatives in various cultural spheres including cooperation in heritage conservation with respect to cultural diversity. In this regard, the Parties agree to continue cooperating within the framework of the Asia- Europe-Meeting (ASEM) supporting the activities of the Asia-Europe Foundation (ASEF). To this end, the Parties shall support and promote long-term partnership and cooperation activities between their cultural institutions.
3. The Parties agree to consult and cooperate in relevant international fora, such as UNESCO, in order to pursue common objectives and promote cultural diversity as well as the protection of cultural heritage. In this regard, the Parties agree to promote the ratification and strengthen cooperation in the implementation of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, which was adopted on 20 October 2005, placing emphasis on policy dialogue, integrating culture into sustainable development and poverty reduction, with a view to fostering the emergence of a dynamic cultural sector by facilitating the development of cultural industries. The Parties shall continue efforts to encourage other states to ratify that Convention.
Article 39. Scientific and Technological Cooperation
1. The Parties agree to strengthen scientific and technological cooperation in areas of mutual interest, including industry, energy, transport, environment, in particular climate change and natural resources management (e.g. fishery, forestry and rural development), agriculture and food security, biotechnologies, and human and animal health, taking account of their respective policies and cooperation programmes.
2. The aims of such cooperation shall be, inter alia, to:
(a) encourage the exchange of scientific and technological information and know-how, including on the implementation of policies and programmes;
(b) promote enduring relations and research partnerships between scientific communities, research centres, universities and industries;
(c) promote human resources training in science and technology;
(d) strengthen the application of scientific and technological research for promoting sustainable development and improving the quality of life.
3. Cooperation shall take the following forms:
(a) joint R&D projects and programmes;