(b) the exchange of information, knowledge and experience through joint organisation of scientific seminars and workshops, meetings, symposia and conferences;
(c) the training and exchange of scientists, junior researchers through international mobility schemes and exchange programmes, providing for the maximum dissemination of the results of research, learning and best practices;
(d) other forms as mutually agreed upon by the Parties.
4. In this cooperation, the Parties shall favour the participation of their respective higher education institutions, research centres and productive sectors, in particular small and medium-sized enterprises. The cooperation activities should be based on the principles of reciprocity, fair treatment and mutual benefits, and ensure an adequate protection of intellectual property.
5. Specific priorities of cooperation shall be accorded to inter alia the following areas:
(a) the promotion and facilitation of access to designated research facilities for the exchange and training of researchers;
(b) encourage the integration of R&D in investment and official development assistance programmes/projects.
6. The Parties shall endeavor to mobilise financial sources to support the implementation of scientific and technological cooperation activities under this Agreement within their capacities.
7. The Parties agree to make all efforts to increase public awareness about possibilities offered by their respective programmes for science and technology cooperation.
Article 40. Cooperation on Information and Communication Technologies
1. Recognising that information and communication technologies (ICT) are key elements of modern life and of vital importance to economic and social development, the Parties agree to exchange views on the respective policies in this field with a view to promoting economic and social development.
2. Cooperation in this area shall, inter alia, focus on:
(a) facilitating dialogue on different aspects of ICT development;
(b) ICT capacity building including human resource development;
(c) interconnection and interoperability of the Parties' and Southeast Asian networks and services;
(d) standardisation and dissemination of new ICT;
(e) promotion of R&D cooperation between the Parties in the area of ICT;
(f) security issues/aspects of ICT as well as fighting cyber crime;
(g) conformity assessment of telecommunications, including radio equipment;
(h) cooperation and sharing experiences and best practices on introduction of information technology to the whole society and public administration;
(i) facilitating cooperation between their relevant institutions and agents in areas of audio-visual and media sectors;
(j) encouraging further cooperation between the Parties' ICT enterprises including technology transfer.
Article 41. Transport
1. The Parties agree to further reinforce their cooperation in relevant areas of transport policy with a view to enhancing and expanding investment opportunities, improving the movement of goods and passengers, promoting maritime and aviation safety and security, more particularly search and rescue, combating piracy, and broader regulatory convergence, reducing environmental impacts of transport, and increasing the efficiency of their transport systems.
2. Cooperation between the Parties in this area shall aim to promote:
(a) the exchange of information on their respective transport policies and practices, especially regarding urban, rural, maritime and air transport, urban transport planning, transport logistics, public transport development and the interconnection and interoperability of multimodal transport networks;
(b) the exchange of information on the European global satellite navigation system (Galileo) by using appropriate bilateral instruments, with a focus on regulatory, industrial and market development issues of mutual interest;
(c) joint actions in the field of air transport services through, infer alia, the implementation of existing agreements, the examination of possibilities for the further development of relations, as well as technical and regulatory cooperation in areas such as aviation safety, aviation security, and air traffic management with a view to supporting regulatory convergence and to the removal of obstacles to doing business. On this basis, the Parties will explore the possible scope for enhanced cooperation in the area of civil aviation;
(d) a dialogue in the field of maritime transport services aiming at unrestricted access to the international maritime markets and trades on a commercial basis, commitments for the phasing out of existing cargo reservation schemes, the abstention from introducing cargo sharing clauses, the establishment within maritime transport of services including auxiliary services, national treatment and MFN clauses regarding access for auxiliary services and port services for vessels operated by nationals or companies of the other Party, and issues related to door-to-door transport services;
(e) the implementation of security, safety and pollution prevention standards, notably as regards maritime and air transport, in line with the relevant international conventions, including cooperation in the appropriate international fora aiming to ensure better enforcement of international regulations. To this end, the Parties will promote technical cooperation and assistance on issues related to transport safety, including search and rescue, investigation into casualties and accidents.
Article 42. Energy
The Parties agree to enhance cooperation in the energy sector with a view to:
(a) diversifying energy supplies in order to improve energy security, and develop new innovative and renewable forms of energy, including sustainable biofuels and biomass in conformity with country-specific conditions, wind and solar energy, as well as hydro power generation, and supporting the development of appropriate policy frameworks to create favourable conditions for investment and a level playing field for renewable energy and the integration into relevant policy areas;
(b) achieving rational use of energy with contributions from both supply and demand sides by promoting energy efficiency in energy production, transportation, distribution and end-use;
(c) fostering the transfer of technology aimed at sustainable energy production and use;
(d) enhancing capacity-building and facilitation of investment in the field based on transparent and non-discriminatory commercial rules;
(e) addressing the links between affordable access to energy services and sustainable development.
2. To these ends, the Parties agree to promote contacts and joint research as well as enhance technical assistance and capacity-building projects through appropriate regional fora on clean production and environmental protection to the mutual benefit of the Parties. Both sides will explore further possibilities for enhanced cooperation in nuclear safety and security within their existing legal framework and policies.
Article 43. Tourism
1. Guided by the World Tourism Organization's Global Code of Ethics for Tourism and by the sustainability principles based on the "Local Agenda 21 process", the Parties shall aim to improve the exchange of information and establish best practice in order to ensure a balanced and sustainable development of tourism.
2. The Parties agree to develop cooperation on, inter alia:
(a) safeguarding and maximising the potential of natural and cultural heritage;
(b) mitigating the negative impacts of tourism;
(c) enhancing the positive contribution of the tourism business to the sustainable development of local communities, infer alia, by developing eco-tourism and cultural tourism, while respecting the integrity and interests of local and indigenous communities;
(d) technical assistance and capacity-building, including training programmes for policy makers and tourism managers;
(e) encouraging the tourism industry including tour operators and travel agents of both Parties to further develop bilateral cooperation including training.
Article 44. Industrial Policy and SME Cooperation
The Parties, taking into account their respective economic policies and objectives, agree to promote industrial policy cooperation in all fields deemed suitable, with a view to improving the competitiveness of small and medium-sized enterprises, inter alia through:
(a) exchanging information and experiences on creating the legal framework and other conditions for small and medium-sized enterprises to improve their competitiveness;
(b) promoting contacts and exchanges between economic operators, encouraging joint investments and establishing joint ventures and information networks notably through existing Union horizontal programmes, stimulating in particular transfers of soft and hard technology between partners, including new and advanced technologies;
(c) providing information and stimulating innovation and exchanging good practices on access to finance and market, including auditing and accounting services particularly for micro- and small enterprises;
(d) facilitating and supporting the relevant activities established by the private sectors and business associations of the Parties;
(e) promoting corporate social responsibility and accountability and encouraging responsible business practices, including sustainable consumption and production. This cooperation shall be complemented by a consumer perspective such as on product information and the consumer's role in the market;
(f) conducting joint research projects, technical assistance and cooperation on standards, technical regulations and conformity assessment procedures in selected industrial areas, as mutually agreed.
Article 45. Economic Policy Dialogue
The Parties agree to cooperate on promoting the exchange of information on their respective economic trends and policies, and the sharing of experiences with the coordination of economic policies in the context of regional economic cooperation and integration through existing bilateral and multilateral mechanisms in areas of mutual interest, including the sharing of information on the process of reform and equitisation of state-owned enterprises in conformity with the Parties' laws and regulations.
Article 46. Cooperation on Taxation
1. With a view to strengthening and developing economic activities while taking into account the need to develop appropriate regulatory and administrative frameworks, the Parties are committed to good governance in the tax area and will implement the principles of transparency and the exchange of information within the framework of bilateral tax agreements between Member States and Vietnam. The Parties further agree to strengthen their exchange of experience, dialogue and cooperation to fight against tax evasion and other harmful tax practices.
2. The Parties agree to strengthen cooperation in the tax area with a view to enhancing their regulatory and administrative capacity through, inter alia, the exchange of experience and technical assistance.
3. The Parties will encourage the effective implementation of bilateral tax agreements between Member States and Vietnam and support the consideration of new such agreements in the future.
Article 47. Cooperation on Financial Services
The Parties agree to hold a dialogue notably aimed at exchanging information and experiences on their respective regulatory environments, and strengthen cooperation with a view to improving accounting, auditing, supervisory and regulatory systems of banking, insurance and other parts of the financial sector including through capacity-building programmes in areas of mutual interest.
Article 48. Cooperation on Natural Disaster Prevention and Mitigation
1. The Parties agree to cooperate in preventing and responding effectively to natural disasters to minimise the losses of life, property, natural resources, environment and cultural heritage, and to mainstream disaster risk reduction in all sectors and areas of intervention at national and local levels.
2. On that basis, the Parties agree to:
(a) share information on monitoring, assessing, forecasting and providing early warning on natural disasters;
(b) enhance capacity through the sharing of experience, best practices in natural disaster prevention and mitigation;
(c) support each other in technology, specialised equipment and materials needed for disaster management and emergency response;
(d) enhance dialogue between the Parties' authorities in charge of natural disaster management and emergency response to support and strengthen cooperation in this area.
Article 49. Urban and Regional Planning and Development
1. The Parties agree to promote cooperation and partnership in this field, in recognition of the important role of urban and regional planning and development in the pursuit of economic growth, poverty reduction and sustainable development.
2. Cooperation in urban and regional planning and development may take the following forms:
(a) the exchange of experience in addressing issues related to sustainable urban and regional planning and development, including:
- policies dealing with urban planning and related infrastructure, regional planning and urban expansion, conservation and development of historic townships;
- establishment of urban networks with the participation of central and local management including municipalities, associations and NGOs, agencies, contractors and professional associations;
- management of architecture, planning and urban space expansion with the employment of Geographic Information System (GIS) tools;
- planning and development of urban centres and city centres renewal and urban environmental planning;
- urban-rural relations;
- development of urban technical infrastructure, including rehabilitation and improvement of urban water supply systems, construction of sewerage and solid waste treatment systems, protection of the environment and urban landscape;
(b) support in training and capacity building for central, regional and local level managers in regional and urban planning, architecture management and architectural heritage;
(c) cooperation in the framework of relevant international organisations such as the UN-HABITAT and the World Urban Forum through joint research programmes and organisation of workshops and seminars to exchange information and experience in urban planning and development, including urban expansion, urban design, land development and technical infrastructure development.
3. The Parties agree to enhance cooperation, share experience and information among their regional and urban authorities to solve complex urban problems by promoting sustainable development.
Article 50. Labour, Employment and Social Affairs
1. The Parties agree to enhance cooperation in the field of labour, employment and social affairs, including cooperation on labour, regional and social cohesion, health and safety in the workplace, gender equality, lifelong skills development, human resource development, international migration and decent work, social security with a view to strengthening the social dimension of globalisation.
2. The Parties reaffirm the need to support the process of globalisation which is beneficial to all and to promote full and productive employment and decent work as a key element of sustainable development and poverty reduction, as endorsed by UN General Assembly Resolution 60/1 and the Ministerial Declaration of the high level segment of the UN Economic and Social Council of July 2006. Cooperation between the two Parties shall be compatible with and take into account the respective characteristics and diverse nature of the economic and social situations.
3. The Parties reaffirm their commitments to respect, promote and realise internationally recognised labour standards, as laid down in Internatioal Labour Organsiation (ILO) conventions to which they are parties referred to in the Declaration on Fundamental Rights and Principles at Work of the ILO. The Parties agree to cooperate and provide technical assistance with a view to promote the ratification of internationally recognised labour standards as appropriate and effectively implement labour standards ratified by the Parties.
4. Subject to laws, conditions and procedures applicable in the host country and relevant international treaties and conventions to which they are parties, the Parties shall aim to ensure that the treatment accorded to nationals of the other Party, legally employed in the territory of the host country, shall be free from any discrimination based on nationality, as regards, inter alia, working conditions, remuneration or dismissal as compared to the conditions applied to other third country nationals.
5. The forms of cooperation may include specific programmes and projects, as mutually agreed, as well as capacity building, policy exchange and initiatives on topics of common interest at bilateral or multilateral level, such as at ASEM, EU- ASEAN and ILO level.
Article 51. Statistics
1. The Parties agree to promote cooperation in harmonising and developing statistical methods including statistical collecting, processing, analysing, and disseminating. 2. To this end, the Parties agree to strengthen cooperation, including through regional and international fora, by capacity building and other technical assistance projects, including the provision of modern statistical software, with a view to enhancing the quality of statistics.
Title VII. INSTITUTIONAL FRAMEWORK
Article 52. Joint Committee
1. The Parties agree to establish a Joint Committee, composed of representatives of both sides at the highest possible level, whose tasks shall be to:
(a) ensure the proper functioning and implementation of this Agreement;
(b) set priorities in relation to the aims of this Agreement;
(c) monitor the development of the comprehensive relationship between the Parties and make recommendations for promoting the objectives of this Agreement;
(d) request, as appropriate, information from committees or other bodies established under other agreements between the Parties and consider any reports submitted by them;
(e) exchange opinions and make suggestions on any issue of common interest, including future actions and the resources available to carry them out;
(f) resolve differences arising from the application or interpretation of this Agreement;
(g) examine all the information presented by a Party regarding the fulfilment of obligations and hold consultations with the other Party to seek a solution acceptable to both Parties in accordance with Article 57.
2. The Joint Committee shall normally meet annually in Hanoi and Brussels alternately, on a date to be fixed by mutual agreement. Extraordinary meetings of the Joint Committee may also be convened by agreement between the Parties. The Joint Committee shall be chaired alternately by each of the Parties. The agenda for meetings of the Joint Committee shall be determined by agreement between the Parties.
3. The Joint Committee shall set up sub-committees and specialised working groups in order to assist it in the performance of its tasks. These sub-committees and working groups shall make detailed reports of their activities to the Joint Committee at each of its meetings.
4. The Parties agree that it shall also be the task of the Joint Committee to ensure the proper functioning of any sectoral agreement or protocol concluded or to be concluded between the Parties.
5. The Joint Committee shall adopt its own rules of procedure.
Title VIII. FINAL PROVISIONS
Article 53. Resources for Cooperation
1. The Parties agree to make available the appropriate resources, including financial means, insofar as their respective resources and regulations allow, in order to fulfil the cooperation objectives set out in this Agreement.
2. The Parties shall encourage the European Investment Bank to continue its operations in Vietnam, in accordance with its procedures and financing criteria.
Article 54. Future Developments Clause
1. The Parties may by mutual consent expand the scope of this Agreement with a view to enhancing the level of cooperation, including by supplementing it by means of agreements or protocols on specific sectors or activities. Such specific agreements shall constitute an integral part of the overall bilateral relations as governed by this Agreement and shall form part of a common institutional framework.
2. With regard to the implementation of this Agreement, either of the Parties may put forward suggestions for widening the scope of cooperation, taking into account the experience gained in its application.
Article 55. Other Agreements
1. Without prejudice to the relevant provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union, neither this Agreement nor action taken hereunder shall affect the powers of the Member States to undertake bilateral cooperation activities with Vietnam or to conclude, where appropriate, new partnership and cooperation agreements with Vietnam.
2. This Agreement shall not affect the application or implementation of commitments undertaken by the respective Parties in relations with third parties.
3. Existing agreements relating to specific areas of cooperation falling within the scope of this Agreement shall be considered part of the overall bilateral relations as governed by this Agreement and as forming part of a common institutional framework.
Article 56. Application and Interpretation of the Agreement
1. Each Party may refer to the Joint Committee any divergence in the application or interpretation of this Agreement.
2. The Joint Committee may settle the issue by means of a recommendation.
Article 57. Fulfilment of Obligations
1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement and shall ensure that they comply with the objectives and purposes laid down in this Agreement.
2. If either Party considers that the other Party has failed to fulfil any of its obligations under this Agreement it may take appropriate measures.
3. Before doing so, except in cases of a material breach of the Agreement, it shall present to the Joint Committee all the relevant information required for a thorough examination of the situation with a view to seeking a solution acceptable to the Parties.
4. The Parties agree that for the purpose of the correct interpretation and practical application of this Agreement, the term âappropriate measures" as referred to in Article 57(2) means measures taken in accordance with international law which are proportionate to the failure to implement obligations under this Agreement. In the selection of these measures, priority must be given to those which least disturb the functioning of this Agreement. These measures shall be notified immediately to the other Party and shall be the subject of consultations within the Joint Committee if the other Party so requests.
Article 58. Facilities
To facilitate cooperation in the framework of this Agreement, both Parties agree to grant necessary facilities to officials and experts involved in implementing cooperation for the performance of their functions, in accordance with internal tules and regulations of both Parties.
Article 59. Declarations
The Declarations to this Agreement shall form an integral part of this Agreement.
Article 60. Territorial Application
This Agreement shall apply to the territory in which the Treaty on European Union is applied under the conditions laid down in that Treaty, on the one hand, and to the territory of the Socialist Republic of Vietnam, on the other.
Article 61. Definition of the Parties
For the purposes of this Agreement, "the Parties" shall mean the Union or its Member States, or the Union and its Member States, in accordance with their respective powers, on the one hand, and the Socialist Republic of Vietnam, on the other.
Article 62. National Security and Disclosure of Information
Nothing in this Agreement shall be construed to require any Party to provide any information, the disclosure of which it considers contrary to its essential security interests.
Article 63. Entry Into Force and Duration
1. This Agreement shall enter into force on the first day of the month following the date on which the last Party has notified the other of the completion of the legal procedures necessary for this purpose.
2. This Agreement is valid for a period of five years. It shall be automatically extended for further successive periods of one year, unless either Party notifies the other Party in writing of its intention not to extend this Agreement six months prior to the end of any subsequent one-year period.
3. Any amendments to this Agreement shall be made by agreement between the Parties. Any amendments shall become effective only after the latter Party has notified the other that all necessary formalities have been completed.
4. This Agreement may be terminated by either Party by written notice of denunciation given to the other Party. The termination shall take effect six months after receipt of notification by the other Party.
Article 64. Notifications
Notifications made in accordance with Article 63 shall be made to the General Secretariat of the Council of the European Union and the Ministry of Foreign Affairs of Vietnam, respectively.
Article 65. Authentic Text
This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Vietnamese languages, each of these texts being equally authentic.
Conclusion
Done at Brussels on this twenty-seventh day of June in the year two thousand and twelve
For the European Union:
For the Socialist Republic of Vietnam:
Attachments
ANNEX
JOINT DECLARATION ON MARKET ECONOMY STATUS
The Parties shall enhance cooperation on moving towards the early recognition of Vietnam's market economy status as soon as possible, subject to the relevant procedures.