On signing a Free Trade Agreement between the Eurasian Economic Union and its member States on the one hand and the Socialist Republic of Vietnam on the other hand

Decree of the President of the Republic of Kazakhstan dated May 28, 2015 No. 33.

1. To approve the attached draft Free Trade Agreement between the Eurasian Economic Union and its member States on the one hand and the Socialist Republic of Vietnam on the other hand.

    2. To authorize Prime Minister of the Republic of Kazakhstan Karim Massimov to sign on behalf of the Republic of Kazakhstan a Free trade Agreement between the Eurasian Economic Union and its member States on the one hand and the Socialist Republic of Vietnam on the other hand, with the right to make amendments and additions to it that are not fundamental.

    3. This Decree shall enter into force from the date of its signing.

    President

    Of the Republic of Kazakhstan N.Nazarbayev

Approved by Decree of the President of the Republic of Kazakhstan on May 28, 2015 No. 33

Free Trade Agreements between the Eurasian Economic Union AND ITS MEMBER STATES with the one-sided Socialist Republic of Vietnam on the other hand

     THE PREAMBLE

    The Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation and the Eurasian Economic Union, on the one hand, and the Socialist Republic of Vietnam, on the other hand:

    REALIZING the importance of expanding long-term and strong friendly relations and traditional multifaceted cooperation between the Parties;

    DESIRING to create favorable conditions for the development and diversification of trade between them, as well as the development of trade and economic cooperation in areas of mutual interest, on the basis of equality, mutual benefit, non-discrimination and international law;

    REAFFIRMING the relevant rights and obligations under the Marrakesh Agreement Establishing the World Trade Organization and other existing international agreements to which the Parties are parties;

    RECOGNIZING the need to support principles and practices that promote free and unhindered trade based on stability, openness and non-discrimination;

    CONVINCED that this Agreement will enhance the competitiveness of the economies of the Parties in global markets and create conditions for the development of economic, trade and investment relations between them;

    RECOGNIZING the importance of facilitating trade by promoting efficient and transparent procedures to reduce costs and increase predictability;

    EMPHASIZING the complementary nature of the economies of the Parties and the significant potential for improving economic relations by further developing the foundations for trade and investment;

    RECOGNIZING the important role and importance of investments in expanding trade and cooperation between the Parties, as well as the need to further develop and simplify cooperation and use broader business opportunities provided for in this Agreement;

    REAFFIRMING the importance of existing initiatives for economic cooperation between the Parties, as well as agreeing to further develop the existing economic partnership in areas of mutual interest;

    AIMING to eliminate trade and investment barriers between the Parties, reduce business costs and increase economic efficiency;

    CONVINCED that the joint efforts of the Parties to conclude a progressive Free Trade Agreement will form a new framework for the promotion and development of economic and trade relations between the Socialist Republic of Vietnam, on the one hand, and the member States of the Eurasian Economic Union, on the other hand, in order to achieve common interests on a mutually beneficial basis;

    WE have AGREED on the following:

CHAPTER 1 GENERAL PROVISIONS

Article 1.1 General provisions and definitions

     For the purposes of this Agreement, unless otherwise provided:

    a) "central customs authority" means the highest authorized customs authority of Vietnam or each of the member States of the Eurasian Economic Union, which, on the basis of relevant national legislation, performs the functions of implementing relevant state policies, regulations, control and supervision in the customs sphere;

    b) "customs authorities" - the customs authority or customs authorities of Vietnam or the member States of the Eurasian Economic Union;

    c) "customs duties" means any duties or charges of any kind levied directly or indirectly on the import of goods, but not including the following:

    i. Payments equivalent to domestic taxes levied in accordance with Article III.2 GATT 1994;

    ii. import-related fees or other charges commensurate with the cost of the services provided;

    iii. Duties levied in accordance with Chapter 3 (Protective measures) of this Agreement;

    d) "days" - calendar days, including weekends and holidays;

    e) "declarant" - a person who declares goods for customs purposes or on whose behalf the goods are declared;

    f) The Eurasian Economic Commission is a permanent regulatory body of the Eurasian Economic Union in accordance with the Treaty on the Eurasian Economic Union of May 29, 2014 (hereinafter referred to as the "Treaty on the Union");

    g) "GATS" - the General Agreement on Trade in Services, in accordance with Annex 1B of the Agreement establishing the WTO;

    h) "GATT 1994" - the General Agreement on Tariffs and Trade of 1994 and its Explanatory Notes, in accordance with Annex 1A of the Agreement Establishing the WTO;

    i) "commodity" means any commodity, product, article or material;

    j) "Harmonized System" or "HS" is a Harmonized Commodity Description and Coding System established by the International Convention on the Harmonized Commodity Description and Coding System of June 14, 1983, with regard to adoption and application by the Parties in the relevant national legislation;

    k) "legislation" means any law or any other regulatory legal act.;

    (l) "Measure" means any measure by a Party in the form of a law, by-law, rule, procedure, decision, administrative action, established practice, or in any other form;

    m) "originating" - corresponding to the rules of origin established in Chapter 4 (Rules of Origin) of this Agreement;

    n) "Parties" - the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Kyrgyz Republic, the Russian Federation (hereinafter referred to as the member States of the Eurasian Economic Union) and the Eurasian Economic Union, acting jointly or individually within their respective competence arising from the Treaty on the Union, on the one hand, and the Socialist Republic of Vietnam (next is Vietnam), on the other hand;

    o) "person" - a natural or legal person;

    p) "SCM Agreement" - an Agreement on subsidies and Countervailing measures, in accordance with Annex 1A of the Agreement establishing the WTO;

    q) "SPS Agreement" - an Agreement on the application of Sanitary and Phytosanitary Measures, in accordance with Annex 1A of the Agreement establishing the WTO;

    (r) "TBT Agreement" means an Agreement on Technical Barriers to Trade, in accordance with Annex 1A of the Agreement establishing the WTO;

    (s) "TRIPS Agreement" means an Agreement on Trade-related Aspects of Intellectual Property Rights, in accordance with Annex 1C of the Agreement establishing the WTO;

    t) "WTO" means the World Trade Organization established in accordance with the WTO Agreement;

    (u) "WTO Agreement" means the Marrakesh Agreement establishing the World Trade Organization of April 15, 1994.

Article 1.2 Creation of a free trade zone

     The parties agreed to establish a free trade area in accordance with Article XXIV of the GATT 1994 and Article V of the GATS.

Article 1.3 Objectives

     The main objectives of this Agreement are:

    (a) Liberalize and facilitate trade in goods between the Parties by, inter alia, reducing tariff and non-tariff barriers and simplifying customs procedures;

    (b) Liberalizing and facilitating trade in services between the Parties;

    (c) Facilitating, promoting and expanding investment opportunities between the Parties by further developing a favourable investment environment;

    (d) Support for economic and trade cooperation between the Parties;

    (e) Adequate and effective protection of intellectual property and promotion of cooperation in this field;

    (f) To create a basis for the further development of close cooperation in the areas provided for in this Agreement and to facilitate interaction between the Parties.

Article 1.4 Joint Committee

     The Parties hereby establish a Joint Committee consisting of representatives of each of the Parties, co—chaired by two representatives - one from the Eurasian Economic Union or a member State of the Eurasian Economic Union and the other from Vietnam. The Parties will be represented by senior officials authorized for this purpose.

Article 1.5 Functions of the Joint Committee

     1. The Joint Committee performs the following functions:

    a) consideration of any issues related to the application and implementation of this Agreement;

    (b) Monitoring the work of all committees and other bodies established under this Agreement;

    (c) Consideration of opportunities for further improvement of trade relations between the Parties;

    (d) Consideration and proposal for consideration by the Parties of any amendments to this Agreement; and

    e) performing any other actions on any issue within the framework of this Agreement in accordance with the agreement of the Parties.

2. In order to carry out its functions, the Joint Committee may establish additional bodies, including ad hoc bodies, and assign them tasks on specific issues. The Joint Committee may, if necessary, seek the opinion of third parties or groups.

    3. Unless otherwise agreed by the Parties, the Joint Committee shall be convened:

    (a) To attend regular sessions each year, held alternately in the territories of the Parties; and

    b) within 30 days, at the request of a Party, for special sessions held in the territory of the other Party or in another place as agreed between the Parties.

    4. The Joint Committee shall be convened within 30 days upon receipt of a statement from the Party in accordance with Article 15.3 of this Agreement in order to discuss the consequences of such action for the Parties and for any arrangements provided for in this Agreement.

    5. All decisions of the Joint Committee, committees and other bodies established in accordance with this Agreement shall be taken by consensus of the Parties.

Article 1.6 Priority investment projects

     1. Priority investment projects are approved by the respective Governments of the member States of the Eurasian Economic Union on the one hand and the Government of Vietnam on the other hand.

    2. Regardless of the other provisions of this Agreement and as a result of consultations between the Parties aimed at supporting priority investment projects, the Parties have the right to provide additional preferences. Such decisions are made by the relevant authorities of the relevant Parties within their competence.

Article 1.7 Contact persons

     1. Each Party shall appoint a contact person or persons to facilitate interaction between the Parties on any issues related to this Agreement and notify the Joint Committee of its contact person or persons.

    2. At the request of the other Party, the contact person of the Party determines the appropriate authority or official responsible for this issue and, if necessary, helps in organizing interaction with the Party that sent the request.

Article 1.8 Confidential information

     1. Each Party ensures the confidentiality of information provided by the other party as confidential under this Agreement, in accordance with its legislation.

    2. No provisions of this Agreement oblige a party to provide confidential information, the disclosure of which could interfere with law enforcement or conflict with public interests, or infringe on the legitimate commercial interests of public or private enterprises.

Article 1.9 General exceptions and security exceptions

     1. Article XX of the GATT 1994 and Article XIV of the GATS are incorporated into and form an integral part of this Agreement, mutatis mutandis.

    2. Article XXI of the GATT 1994 and Article XIV bis of the GATS are incorporated into and form an integral part of this Agreement, mutatis mutandis.

    3. The Joint Committee shall be informed, to the maximum extent possible, of the measures taken in accordance with paragraph 2 of this Article and of their termination.

Article 1.10 Dual-use goods and services

     The Parties recognize the sovereign rights of the member States of the Eurasian Economic Union and Vietnam in the field of regulating trade in dual-use goods and services, subject to compliance with national export control laws, as well as international obligations.

Article 1.11 Measures to protect the balance of payments

     Article XII of GATT 1994 and the Agreement on the Balance of Payments Provisions of GATT 1994 are incorporated into and form an integral part of this Agreement, mutatis mutandis.

Article 1.12 Relation to other international agreements

     1. This Agreement shall apply without prejudice to the rights and obligations of the Parties arising from bilateral and multilateral agreements to which the Parties are parties, including the WTO Agreement and the relevant obligations of the Parties under the WTO.

    2. The provisions of this Agreement should neither be applied between the member States of the Eurasian Economic Union or between the member States of the Eurasian Economic Union and the Eurasian Economic Union, nor grant Vietnam the rights and privileges that the member States of the Eurasian Economic Union grant exclusively to each other.

Article 1.13 Transparency

     1. Each Party guarantees, in accordance with the relevant legislation, that its laws and regulations of general application, as well as relevant international agreements, in relation to any issues included in this Agreement, must be published in a timely manner or otherwise made freely available, including, where possible, in electronic form.

    2. To the extent possible, each Party, in accordance with the relevant legislation:

    (a) Publish in advance such laws and regulations referred to in paragraph 1 of this Article that are planned to be adopted; and

    (b) Provides the interested parties and the other Party with reasonable opportunities to comment on the proposed laws and regulations referred to in paragraph 1 of this Article.

    3. At the request of either Party, the other Party shall immediately answer specific questions and provide information on the laws and regulations referred to in paragraphs 1 of this Article.

CHAPTER 2 TRADING IN GOODS

Article 2.1 Most favored nation treatment

     1. With respect to customs duties and charges of all kinds imposed on or in connection with import and export, or imposed on the international transfer of import or export payments, and with respect to the method of collection of such duties and charges, and with respect to all rules and formalities in connection with import and export, and with respect to all in the matters referred to in paragraphs 2 and 4 of Article III of GATT 1994, any advantage, favor, privilege or immunity granted by a Contracting Party to any product originating from, or destined for, any other country must immediately and unconditionally, to be provided to a similar product of the other Party originating from, or intended for, the territory of such a Party.

    2. Nothing in paragraph 1 of this Article obliges a Party to grant another Party an advantage, favor, privilege or immunity on the basis of the most favored nation, which a Party grants to any third State upon meeting any of the following criteria:

    (a) To neighboring countries in order to facilitate cross-border trade;

    b) participants in the customs union, free trade area or regional economic organization, or any other regional trade agreements, in accordance with the provisions of Article XXIV of GATT 1994;

    (c) Developing and least developed countries in accordance with GATT 1994, the common system of tariff preferences within UNCTAD, or other relevant legislation of the Parties.

Article 2.2 National treatment

     Article III of GATT 1994 and the explanatory notes to this Article are incorporated into and form an integral part of this Agreement, mutatis mutandis.

Article 2.3 Reduction and/or cancellation of customs duties

     1. Unless otherwise provided by this Agreement, each Party shall gradually reduce and/or eliminate customs duties on goods originating from the territory of the other Party in accordance with its schedule of tariff obligations in Annex 1 of this Agreement and shall not increase any customs duty or establish any new customs duty, resulting in the amount of the customs duty rate for goods originating from the territory of the other Party will exceed the level determined in accordance with its schedule of tariff obligations in Annex 1 of this Agreement.

    2. A Party may at any time unilaterally accelerate the reduction and/or cancellation of customs duties on goods originating from the territory of the other Party with respect to the conditions established in accordance with its schedule of tariff obligations in Annex 1 of this Agreement. This provision does not prevent any Party from increasing the customs duty to the level established in accordance with its schedule of tariff obligations in Annex 1 of this Agreement in the relevant year after the unilateral reduction. A Party considering the possibility of such an increase, reduction and/or cancellation of customs duties should inform the other Party as early as possible before the new customs duty rate comes into force.

    3. The Parties may consider the possibility of an accelerated reduction and/or cancellation of customs duties established in accordance with their schedules of tariff obligations in Annex 1 of this Agreement by making amendments to this Agreement in accordance with Article 15.5 of this Agreement.

    4. If the rate of customs duty on goods originating from the territory of a Party applied in accordance with Annex 1 of this Agreement is higher than the rate of customs duty applied in accordance with the most-favored-nation regime for the same product, the latter may be applied for such goods.

Article 2.4 Changes to HS code and description

     1. Each Party shall ensure that any changes made to its HS codes and descriptions are carried out without prejudice to the tariff obligations established in accordance with Annex 1 of this Agreement.

    2. Such changes to the HS codes and description of the Eurasian Economic Union and to the HS codes and description of Vietnam should be implemented by the Eurasian Economic Commission and Vietnam, respectively. The Parties should make any changes to the HS codes and description publicly available in a timely manner and inform each other quarterly.

Article 2.5 Fees, taxes and formalities related to import and export

1. Articles VIII of GATT 1994 and the explanatory Notes to this Article are incorporated into and form an integral part of this Agreement, mutatis mutandis.

    2. Each Party should ensure that its competent authorities make information about the duties and charges it charges freely available through their official websites.

Article 2.6 Administration of trade regulations

     Each Party shall ensure the uniform, unbiased and reasonable application of all national laws, regulations, judicial decisions and administrative orders of general application with respect to trade in goods in accordance with the provisions of Article X of GATT 1994.

Article 2.7 Subsidies

     1. The rights and obligations of the Parties to apply subsidies to goods not covered by the Agreement on Agriculture in accordance with Annex 1A of the WTO Agreement are governed by the provisions of Article XVI of the GATT 1994, the SCM Agreement, as well as their respective obligations under the WTO.

    2. The Parties share the objectives of eliminating export subsidies for agricultural products on a multilateral basis.

    3. The rights and obligations of the Parties to apply export subsidies to agricultural products intended for supply to the territory of the other Party are regulated by their respective WTO obligations.

    4. Each Party shall ensure transparency of the subsidies applied in accordance with the provisions of this Article. At the request of the Party, the other Party shall provide information on specific subsidies within a reasonable period of time, within the meaning of the provisions of the SCM Agreement provided and applied by it. Such information includes information provided for in Article 25.3 of the SCM Agreement.

Article 2.8 Import licensing

     1. Each Party shall ensure that its import licensing procedures, as defined in Articles 1 to 3 of the Agreement on Import Licensing Procedures in Annex 1A to the WTO Agreement (hereinafter referred to as the Agreement on Import Licensing Procedures), are implemented in a transparent and predictable manner and applied in accordance with the Agreement on Import Licensing Procedures.

    2. Each Party shall ensure the publication of its rules and information on licensing procedures in accordance with Article 1.4.

    Agreements on import licensing procedures. The Party that introduces licensing procedures or modifies such procedures must notify the other Party no later than 60 days from the date of publication. Such notifications should contain the information specified in Articles 5.2 and 5.3 of the Agreement on Import Licensing Procedures. The information must be transmitted through an authorized contact person of each Party designated for these purposes.

Article 2.9 Quantitative restrictions

     1. Neither Party may establish or maintain any quantitative restrictions, including bans or restrictions on the import of any goods of the other Party or the export of any goods supplied to the territory of the other Party, except for the conditions defined by its obligations under the WTO, for this purpose Articles XI and XII of GATT 1994 and explanatory notes to these Articles are incorporated into and form an integral part of this Agreement, mutatis mutandis.

    2. Each Party shall ensure transparency of any quantitative restrictions permitted in accordance with paragraph 1 of this Article and ensure that any such measures are not created, adopted or applied for such a purpose or with such consequences as to create unnecessary obstacles to trade between the Parties.

Article 2.10 Trigger protection measures

     1. The Eurasian Economic Union may apply trigger protective measures against goods originating from Vietnam listed in Annex 2 to this Agreement and imported into the territory of the member States of the Eurasian Economic Union if the volume of imports of such goods during a calendar year exceeds the trigger level specified in Annex 2 to this Agreement for that year.

    2. Trigger protective measures are applied in the form of a customs duty equivalent to a duty in the amount of the most-favored-nation rate in respect of the product in question on the date of the trigger protective measure.

    3. The duration of the trigger protection measure does not exceed 6 months.

    4. Notwithstanding the provision of paragraph 3 of this Article, if, on the date of commencement of the trigger protective measure, the volume of imported goods exceeded the established trigger level by 150 percent or more, the period of validity of the measure may be extended by 3 months.

    5. The Eurasian Economic Union ensures the publication of data on import volumes in a manner that ensures Vietnam's access to them. Upon establishing that the conditions specified in paragraph 1 of this Article have been fulfilled, the Eurasian Economic Union shall immediately notify Vietnam in writing. Without prejudice to the right of the Eurasian Economic Union to apply a trigger protective measure, the Eurasian Economic Union shall send a written notification regarding the introduction of a trigger protective measure no later than 20 calendar days before the decision is made, and also send a written notification of the introduction of the measure no later than 3 calendar days after the date of the relevant decision, provided that the decision enters into force effective no earlier than 30 calendar days after its adoption. In the event of a decision not to apply a trigger protective measure, the Eurasian Economic Union shall immediately notify Vietnam in writing.

    6. At the request of either Party, the other Party shall immediately consult and/or provide the requested information for clarification purposes. conditions for the introduction and application of a trigger protective measure in accordance with paragraphs 1-4 of this Article.

    7. Every three years after the date of entry into force of this Agreement, the Parties shall review the provisions of this Article and, if necessary, take joint decisions to amend this Article and Annex No. 2 to this Agreement in accordance with Article 15.5 of this Agreement.

Article 2.11 State-owned commercial enterprises

     Each Party shall ensure the functioning of its State-owned trading enterprises in accordance with Article XVII of the GATT 1994 and its obligations under the WTO.

Article 2.12 Committee on Trade in Goods

     1. The Parties hereby establish a Committee on Trade in Goods (hereinafter referred to as the "Committee on Goods"), consisting of representatives of each Party.

    2. The Goods Committee should meet at the request of any Party to consider any issues arising under the provisions of this Chapter and Chapters 3 (Protective measures), 4 (Rules of Origin), 5 (Customs administration and Trade facilitation), 6 (Technical barriers to trade), 7 (Sanitary and phytosanitary measures).

    3. The functions of the Goods Committee include:

    (a) Review and monitor the implementation and application of the provisions of the Chapters referred to in paragraph 2 of this Article;

    (b) Review and make appropriate recommendations, if necessary, to the Joint Committee on any amendments to the provisions of this Chapter and the schedule of tariff obligations in Annex 1 of this Agreement in order to develop and facilitate market access;

    (c) Identify and make recommendations in order to resolve any problems that may arise;

    (d) To transmit to the Joint Committee the results of the consideration of any issues related to the application of the provisions of this Chapter.

Chapter 3 MEASURES TO PROTECT THE DOMESTIC MARKET

Article 3.1 Compensatory measures

     1. The Parties apply compensatory measures in accordance with the provisions of Articles VI and XVI of the GATT 1994 and the SCM Agreement.

    2. For the purposes of conducting compensation investigations and applying compensation measures, Vietnam considers the member States of the Eurasian Economic Union individually, and not as the Eurasian Economic Union as a whole, until subsidies within the meaning of Article XVI of the GATT 1994 and the SCM Agreement are available at the level of the Eurasian Economic Union to all member States of the Eurasian Economic Union..

Article 3.2 Anti-dumping measures

     1. The Parties shall apply anti-dumping measures in accordance with the provisions of Article VI of GATT 1994 and the WTO Agreement on the Application of Article VI of GATT 1994, in accordance with Annex 1A to the WTO Agreement.

    2. For the purposes of conducting anti-dumping investigations and applying anti-dumping measures, Vietnam considers the member States of the Eurasian Economic Union individually, and not as the Eurasian Economic Union as a whole, unless the parties agree otherwise.

Article 3.3 Global special protection measures

     The Parties shall apply global special protective measures in accordance with the provisions of Article XIX of the GATT 1994 and the WTO Agreement on Protective Measures, in accordance with Annex 1A to the WTO Agreement.

Article 3.4 Bilateral special protection measures

     1. If, as a result of the reduction or cancellation of customs duties in accordance with this Agreement, the import of any product originating from one Party to the territory of the other Party is carried out in such increased quantities (in absolute or relative terms to the total volume of production of such goods) and under such conditions that it causes serious damage or creates the threat of causing such damage to an economic sector producing a similar or directly competing product in the importing Country, During the transitional period, the importing Party may apply a bilateral special protective measure against such goods to the extent necessary to prevent or eliminate serious damage or the threat of its infliction, in accordance with the provisions of this Article.

1. If, as a result of the reduction or cancellation of customs duties in accordance with this Agreement, the import of any product originating from one Party to the territory of the other Party is carried out in such increased quantities (in absolute or relative terms to the total volume of production of such goods) and under such conditions that it causes serious damage or creates the threat of causing such damage to an economic sector producing a similar or directly competing product in the importing Party, During the transitional period, the importing Party may apply a bilateral special protective measure against such goods to the extent necessary to prevent or eliminate serious damage or the threat of its infliction, in accordance with the provisions of this Article.

    2. Bilateral special protective measures are applied only if there is evidence that increased imports cause serious damage or pose a threat of serious damage.

    3. A Party intending to apply a bilateral special protective measure in accordance with this Article shall immediately, and in any case before the measure is introduced, notify the other Party and the Joint Committee accordingly. The notification contains all the necessary information, including evidence of serious damage or threat of damage caused by increased imports, a detailed description of the product and the proposed measure, as well as the expected date of its introduction, the period of application and, if available, a timetable for its gradual abolition.

    4. The Party against whom the measure may be applied should be offered compensation in the form of substantially equivalent trade liberalization in respect of imports from that Party. The Party, within 30 days from the date of notification specified in paragraph 3 of this Article, must examine the information provided in order to find a mutually acceptable solution. In the absence of such a solution, the importing Party may apply a bilateral special protective measure and in the absence of mutually agreed compensation. The Party in respect of which a bilateral special protective measure is applied may apply compensatory measures. The other Party is immediately notified of the application of a bilateral special protective measure and compensatory measures. A compensatory measure is usually applied in the form of suspension of the granting of concessions in an amount substantially equivalent to the degree of impact on trade, and/or in an amount substantially equivalent to the additional duties expected from the application of a bilateral special protective measure. A compensatory measure is applied for the minimum period necessary to achieve a substantially equivalent effect on trade, and in any case only for the duration of the bilateral special protective measure adopted in accordance with paragraph 5 of this Article.

    5. If the conditions specified in paragraph 1 of this Article are fulfilled, the importing Party may apply a bilateral special protective measure in the form of:

    a) suspending the further reduction of the applicable customs duty rate provided for in this Agreement for the goods in question; or

    b) an increase in the applicable customs duty rate for the product in question to the level necessary to eliminate the damage caused by increased imports of this product, but not exceeding the base rate set out in Annex No. 1 to this Agreement.

    6. The Parties may apply bilateral special protective measures during the following periods::

    a) in respect of goods for which the reduction of customs duties is completed within three years from the date of entry into force of this Agreement, for a period not exceeding two years. A Party may not apply a bilateral special protective measure against the same product within one year from the expiration date of the previous bilateral protective measure. A bilateral special protective measure may not be applied to the same product more than twice.;

    b) in respect of goods for which the reduction of customs duties ends after a period exceeding 3 years from the date of entry into force of this Agreement, for a period not exceeding two years. The validity period of a bilateral special protective measure may be extended for no more than a year, but if there is evidence that this is necessary to eliminate or prevent serious damage or the threat of its infliction, and to adapt the economic sector to changing economic conditions. A Party shall not apply a bilateral special protective measure against the same product for a period equal to the period of validity of the previous bilateral special protective measure. A bilateral special protective measure may not be applied to the same product more than twice.

    7. Upon termination of the bilateral special protective measure, the customs duty rate is set at the level that would have been in effect on the date of termination of the measure.

    8. Neither Party applies to the same product at the same time.:

    (a) A bilateral special protective measure; and

    (b) The measure provided for in Article XIX of GATT 1994 and the WTO Agreement on Protective Measures in accordance with Annex 1A to the WTO Agreement.

    9. The economic sector in paragraph 1 of this Article means all producers of similar or directly competing goods operating in the territory of the Party, or those of them whose share in the total production of similar or directly competing goods is a significant part, but not less than 25% of the total production of such goods in the territory of the Parties.

    10. The transitional period in paragraph 1 of this Article in respect of certain goods to which a bilateral special protective measure is applied is understood to mean:

    a) the period that begins on the date of entry into force of this Agreement and ends seven years after the date of completion of the reduction or cancellation of customs duties on goods for which the reduction of customs duties to the final level is completed within three years after the entry into force of this Agreement;

    (b) The period that begins on the date of entry into force of this Agreement and ends five years after the date of completion of the reduction or cancellation of customs duties on goods for which the reduction of customs duties to the final level is completed within a period starting from the third year to the fifth after the entry into force of this Agreement; and

    (c) The period that begins on the date of entry into force of this Agreement and ends three years after the date of completion of the reduction or cancellation of customs duties on goods for which the reduction of customs duties to the final level ends after the expiration of five years after the entry into force of this Agreement.

Article 3.5 Notifications

     1. The exchange of official communications and documents between the Parties on matters falling within the scope of this Chapter is carried out between the relevant authorities authorized to conduct investigations in accordance with the provisions of this chapter (hereinafter referred to as the investigating authority). In the event that Vietnam intends to apply a measure in accordance with this chapter, the other Party may designate another authorized body, which Vietnam shall notify.

    2. Within 30 days from the date of entry into force of this Agreement, the Parties shall exchange information on the names and contact details of the investigating authorities. The Parties shall immediately notify each other of any changes concerning the body conducting the investigation.

    3. A Party intending to apply a global special protective measure shall immediately send to the other Party a written notification containing all necessary information regarding the initiation of an investigation and the preliminary and final conclusions of the investigation.

CHAPTER 4 RULES FOR DETERMINING ORIGIN, SECTION I. GENERAL PROVISIONS

Article 4.1 Scope of application

     The rules for determining origin provided for in this chapter are applied exclusively for the purpose of granting tariff preferences in accordance with this Agreement.

Article 4.2 Definitions

     For the purposes of this chapter:

    a) "aquaculture" means the breeding of aquatic organisms, including fish, shellfish, crustaceans, other aquatic invertebrates and aquatic plants, from raw materials such as eggs, fry, fingerlings and larvae, by influencing the processes of development and growth in order to increase production, for example, through regular stocking, feeding or protection from predators;

    b) "authorized body" - the competent authority appointed by the Party to issue certificates of origin for the purposes of this Agreement;

    c) "CIF delivery cost" - the cost of the goods upon import, including the cost of freight and insurance to the port or place of entry into the country of import;

    d) "consignment" means goods that are sent simultaneously according to one or more transport documents to the address of one consignee from one shipper, as well as goods sent according to one postal waybill or transported as baggage by one person crossing the border;

    e) "exporter" - a person registered in the territory of the Party from where the goods are exported by the specified person;

    f) "FOB cost of delivery" - the cost of the goods, including the cost of transportation to the port or place of final shipment abroad;

    g) "importer" - a person registered in the territory of the Party to which the goods are imported by the specified person;

    h) "material" means any substance or substance, including an ingredient, raw material, component or part, used or consumed in the production of goods, physically incorporated into goods or processed in the production of other goods;

(i) "Non-originating goods" or "non-originating materials" - goods or materials that do not meet the criteria of origin set out in this Chapter;

    (j) "Originating goods" or "originating materials" - goods or materials that meet the criteria of origin set out in this Chapter;

    k) "manufacturer" means a person who manufactures goods on the territory of a Party;

    l) "production" means methods of obtaining goods, including cultivation, extraction, harvesting, breeding, extraction, collection, fishing, fishing and hunting, processing, processing or assembly of goods;

    (m) "Verification authority" means a competent governmental authority designated by a Party to carry out verification procedures.

Article 4.3 Criteria of origin

     For the purposes of this Chapter, goods are considered to be originating on the Sidelines if they:

    (a) Are fully obtained or produced in such a Party in accordance with Article 4.4 of this Agreement; or

    (b) Produced in one or more Parties solely from materials originating from those Parties; or

    c) produced on the territory of the Party using non-originating materials and meet the requirements of the list of special criteria of origin given in Annex 3 to this Agreement.

Article 4.4 Fully received or manufactured goods

     For the purposes of applying Article 4.3 of this Agreement, the following goods are considered to be fully received or produced by the Party:

    a) plants and products of plant origin, including fruits, berries, flowers, vegetables, trees, algae, fungi and live plants grown or harvested in the territory of the Party;

    b) live animals born and raised in the territory of the Party;

    c) products obtained from live animals in the territory of the Party;

    d) products obtained as a result of harvesting, hunting, fishing, fishing, agriculture, and aquaculture cultivation in the territory of a Party;

    e) minerals and other minerals extracted or extracted from the air, soil, water or the seabed and its subsoil in the territory of the Party;

    (f) Products of marine fisheries and other products of marine fisheries obtained on the high seas in accordance with international law by a vessel registered or assigned to a Party and flying its flag;

    (g) Products obtained exclusively from the products specified in subparagraph (f) of this Article on board a processing vessel registered or assigned to a Party and flying its flag;

    h) waste and scrap resulting from production and consumption in the territory of the Party, provided that such products are suitable only for processing into raw materials;

    i) used products collected in the territory of a Party, provided that such products are suitable only for processing into raw materials;

    (j) Products obtained in outer space on spacecraft registered in the Party;

    (k) Goods produced or received in the territory of a Party exclusively from the goods specified in paragraphs (a) to (j) of this Article.

Article 4.5 Share of value added

     For the purposes of applying this Chapter and the list of special criteria of origin given in Annex 3 to this Agreement, the share of value added should be calculated using the following formula:

    The cost on the terms of delivery FOB - The cost of non-originating materials

    -------------------------------------------------------

    x 100%,

    The cost on the terms of delivery FOB

    where the cost of non-originating materials is:

    (a) The value of the CIF delivery terms at the time of importation of the materials into the territory of the Party; or

    b) the price previously paid or payable for these non-originating materials in the territory of the Party in which the goods were processed and processed.

    If a manufacturer purchases non-originating materials in the territory of the Party where they will be further processed, the cost of such materials should not include the cost of freight, insurance, packaging and other costs associated with the delivery of these materials from the supplier to the place of production.

Article 4.6 Insufficient processing or processing

     1. The following operations, carried out individually or in combination with each other, are considered insufficient to meet the requirements of Article 4.3 of this Agreement:

    a) operations to ensure the safety of the goods during their storage or transportation;

    b) freezing and defrosting;

    c) Packaging and repackaging;

    d) washing, cleaning, removal of dust, oxide, oil, paint or other coatings;

    e) ironing or pressing of textiles;

    f) painting, polishing, varnishing, coating (impregnation) with oil;

    g) peeling, partial or complete bleaching, grinding and polishing of grain and rice;

    h) sugar coloring or lump sugar formation;

    i) peeling and extraction of seeds, peeling of fruits, vegetables and nuts;

    j) Simple sharpening, grinding, grinding;

    k) cutting;

    l) Sieving, selection, sorting, classification;

    m) filling, packing into cans, vials, bags, boxes, boxes, fixing on the surface and other simple packaging operations;

    n) affixing or printing of trademarks, logos, labels and other similar distinguishing marks on products or their packaging;

    o) simple mixing of products (components), which does not lead to a significant difference between the resulting product and the original components;

    p) simple operations for assembling goods from parts and disassembling goods into parts;

    q) slaughter of animals, sorting of meat.

    2. For the purposes of applying paragraph 1 of this Article, a simple operation is an operation that does not require the use of special skills, machines, devices or equipment specifically designed for this operation.

Article 4.7 Accumulation of origin

     Without prejudice to Article 4.3 of this Agreement, goods or materials originating from the territory of one of the Parties and used in the production of goods in the other Party shall be considered as originating in the Party where the last operations were performed, with the exception of those specified in paragraph 1 of Article 4.6 of this Agreement. The origin of such materials must be confirmed by a certificate of origin (EAV Form) issued by an authorized body.

Article 4.8 De Minimis

     1. Goods that do not meet the requirements for changing the commodity classification in accordance with Annex 3 of this Agreement, however, will be considered as originating goods if:

    a) the value of all non-originating materials that were used in the manufacture of goods and were not subjected to the necessary changes in the commodity classification does not exceed 10 percent of the value of such goods on FOB terms; and

    b) the goods meet all other requirements of this Chapter.

    2. The cost of the materials specified in subparagraph (a) of paragraph 1 of this Article must be included in the cost of non-originating materials for the purposes of calculating the share of value added.

Article 4.9 Direct delivery

     1. Preferential tariff treatment in accordance with this Chapter is granted in respect of originating goods, subject to their direct delivery from the territory of the exporting Party to the territory of the importing Party.

    2. Notwithstanding the provisions of paragraph 1 of this Article, originating goods may be transported through the territory of third countries provided that:

    a) transit through the territory of third countries is caused by geographical or transport reasons;

    b) the goods were not the object of trade or consumption;

    c) the goods have not been subjected to any operations, with the exception of unloading, reloading, storage, as well as other operations aimed at ensuring their safety.

    3. The declarant must present to the customs authorities of the importing Party the relevant documentary evidence of compliance with the requirements established by paragraph 2 of this Article. Such evidence is provided to the customs authorities of the importing Party by submitting:

    a) transport documents certifying the route of movement of goods from the territory of one Party to the territory of the other Party, containing the following information:

    i. the exact description of the goods;

    ii. the dates of unloading and reloading of the goods (if the transport documents do not contain information about the date of unloading and reloading of the goods, then other documents containing such information must be submitted in addition to them); and

    iii. where applicable:

    - names of ships or other vehicles used;

    - container numbers;

    - the conditions under which the goods were in good condition during transit through third countries;

    - marks of the customs authorities of the transit country;

    b) invoices for the relevant goods.

    4. The declarant may submit other documents confirming the fulfillment of the requirements of paragraph 2 of this Article.

    5. If it is impossible to present transport documents, documents issued by the customs authorities of the transit country and containing all the information specified in subparagraph (a) of paragraph 3 of this Article may be submitted.

    6. If the declarant is unable to provide the customs authorities of the importing Party with documentary evidence of the fulfillment of the conditions of direct delivery, tariff preferences are not provided.

Article 4.10 Direct purchase

     1. The importing Party shall grant tariff preferential treatment in respect of originating goods in cases where the invoice is issued by a person registered with a third party, provided that all the requirements of this Chapter in respect of such goods are fulfilled.

2. Despite the provisions of paragraph 1 of this Article, the importing Party shall not grant tariff preferential treatment in cases where the invoice is issued by a person registered in a third country included in the list of offshore countries established by the joint Protocol. The relevant competent authorities of the Parties are authorized to adopt such a Protocol on the basis of mutual agreement and make it publicly available.

    3. Without prejudice to paragraph 2 of this Article, prior to the adoption of such a Protocol, the list of offshore countries and territories listed in Annex 4 to this Agreement shall apply.

Article 4.11 Packaging materials for retail sale

     1. If a change in the commodity classification code serves as a criterion for sufficient processing in accordance with the requirements of Annex 3 of this Agreement, packaging materials and containers intended for retail sale of goods and classified together with these goods should not be taken into account when determining origin.

    2. Notwithstanding the provisions of paragraph 1 of this Article, in the case of the application of the ad valorem share rule, the origin of packaging intended for retail trade is taken into account when determining the value of non-originating materials for the purposes of calculating the share of value added.

Article 4.12 Packaging materials for transportation

     Packaging materials and containers intended exclusively for the transportation of goods should not be taken into account when determining the origin of the goods.

Article 4.13 Fixtures, accessories, spare parts, tools, instructions and information materials

     1. If a change in the product classification code serves as a criterion for sufficient processing in accordance with the requirements of Annex 3 of this Agreement, fixtures, accessories, spare parts, tools, instructions and information materials that are an integral part of the goods, as well as included in its cost under the FOB delivery terms, should be considered as part of the product and not taken into account. when determining the origin of goods.

    2. Notwithstanding the provisions of paragraph 1 of this Article, in the case of the application of the ad valorem share rule, the origin of devices, accessories, spare parts and tools, educational and informational materials is taken into account when determining the value of non-originating materials for the purposes of calculating the share of value added.

    3. This article should be applied only in cases where:

    a) devices, accessories, spare parts and tools, instructions and information materials intended for the goods are not billed separately from the goods; and

    b) the quantity and cost of fixtures, accessories, spare parts and tools, instructions and information materials are common for this product.

Article 4.14 Sets

     Sets of products in accordance with the 3rd Basic Rule of Interpretation of the Harmonized System are considered as occurring if all their components are occurring. However, if the set consists of both originating and non-originating goods, the set as a whole should be considered as occurring, provided that the value of the non-originating goods does not exceed 15 percent on FOB delivery terms.

Article 4.15 Indirect materials

     For the purposes of determining the origin of goods, the origin of the following indirect materials that can be used in production and are not included in the final product is not taken into account.:

    a) fuel and electric energy;

    b) tools, dies and molds;

    c) spare parts and materials used in the maintenance of equipment and buildings;

    (d) Lubricants, additives and other materials used in the manufacture or operation of equipment and buildings;

    e) gloves, glasses, shoes, clothing, safety equipment;

    f) equipment, devices used for testing or verifying goods;

    (g) Catalysts and solvents;

    h) any other materials that are not included in the product, but the use of which in the manufacture of goods can be represented as part of the production process.

SECTION II. DOCUMENTARY PROOF OF ORIGIN

Article 4.16 Application for tariff preferential treatment

     1. For the purposes of obtaining tariff preferences, the declarant must submit to the customs authority of the importing Party a certificate of origin in accordance with the requirements of this Section.

    2. The certificate of origin submitted to the customs authorities of the importing Party must be original, valid, and comply with the format established by Annex 5 of this Agreement, and must be filled in accordingly in accordance with the requirements established by Annex 5 of this Agreement.

    3. The authorized body of the exporting Party must ensure that the certificates of origin comply with the requirements for completing them set out in Annex 5 of this Agreement.

    4. The certificate of origin of the goods must be valid for 12 months from the date of issue and submitted to the customs authorities of the importing Party during this period, but not later than the date of filing the import customs declaration, except in cases specified in paragraph 2 of Article 4.20 of this Agreement.

    5. In the case of the development and implementation by the central customs authorities and authorized bodies of the Parties of the Electronic System of Certification and Verification of the Origin of Goods (hereinafter referred to as the EITC) specified in Article 4.29, the customs authorities of the importing Party, in accordance with the relevant national legislation, may not require the presentation of the original certificate of origin on paper during customs declaration in electronic form. In this case, the date and number of such certificate of origin must be indicated in the customs declaration. If the customs authority has reasonable doubts about the origin of the goods in respect of which tariff preferences have been declared, and/or a discrepancy has been identified with the information contained in the ESA, the customs authority of the importing Party may require the presentation of the original certificate of origin on paper.

Article 4.17 Circumstances in which the presentation of a certificate of origin is not required

     The presentation of a certificate for the purpose of obtaining tariff preferential treatment is not required for commercial or non-commercial imports of originating goods, the customs value of which does not exceed USD 200 or an equivalent amount in the currency of the importing Party, or in the amount of more than the amount established by such importing Party, provided that this delivery is not part of one or more shipments, which can reasonably be considered as a way to avoid submitting a certificate of origin.

Article 4.18 Issuance of a certificate of origin

     1. The manufacturer, exporter or their authorized representative contact the authorized body in writing or by electronic means of communication to issue a certificate of origin.

    2. The certificate of origin of the goods is issued by the authorized body to the manufacturer, exporter or their authorized representative before or at the time of export of the goods in all cases when confirmation of the origin of the goods in the territory of the Party is necessary in accordance with the provisions of this Chapter.

    3. A certificate of origin is issued for one batch of goods.

    4. Each certificate of origin must have a unique registration number assigned by the authorized body.

    5. If all the goods indicated in the certificate of origin cannot be listed on one page, additional sheets provided for in Annex 5 of this Agreement shall be used.

    6. The Certificate of Origin (EAV Form) must contain one original and two copies.

    7. One copy of the certificate must remain with the authorized body of the exporting Party. Another copy must be kept by the exporter.

    8. Without prejudice to paragraph 4 of Article 4.16 of this Agreement, in exceptional cases where a certificate of origin has not been issued before or at the time of export of the goods, it may be issued after export of the goods, with the certificate marked "ISSUED SUBSEQUENTLY" ("ISSUED RETROSPECTIVELY").

    9. The submitted originals of certificates of origin must be kept by the customs authorities of the importing Party, except in cases provided for by the relevant national legislation.

Article 4.19 Minor discrepancies

     1. If the origin of the goods is beyond doubt, the discovery of minor discrepancies between the information contained in the certificate of origin and the information contained in the documents submitted to the customs authority of the importing Party is not, as such, grounds for invalidating the certificate of origin if the information indicated therein actually corresponds to the goods presented.

    2. If several goods are declared in the certificate of origin, the settlement of the problem that has arisen with respect to one of the listed goods should not affect or lead to a delay in granting tariff preferences for the remaining goods specified in the certificate of origin.

Article 4.20 Special cases of issuing a certificate of origin

1. In case of theft, loss or destruction of the certificate of origin of the goods, the manufacturer, exporter or their authorized representative has the right to apply to the authorized body with a reasoned application for the issuance of an officially certified duplicate certificate. A duplicate must be made on the basis of a previously issued certificate of origin and accompanying documents and contain the words "DUPLICATE OF THE CERTIFICATE OF ORIGIN NUMBER_DATE_". A certified duplicate of the certificate of origin must be valid for no more than 12 months from the date of issue of the original certificate of origin.

    2. In case of unintentional errors or omissions made in the original certificate of origin, the authorized body must issue a new certificate of origin to replace the existing one. In this case, the certificate must contain the mark "ISSUED IN PLACE OF THE CERTIFICATE OF ORIGIN NUMBER___DATE__" ("ISSUED IN SUBSTITUTION FOR THE CERTIFICATE OF ORIGIN NUMBER___DATE___"). The period of application of such a certificate may not exceed 12 months from the date of issue of the original product certificate.

Article 4.21 Amendments to the certificate of origin

     Blots and corrections are not allowed in the certificate of origin. Changes can be made by deleting erroneous data and printing the required additional information. Such changes must be certified by persons authorized to sign the certificate of origin and the official seal of the relevant authorized body.

Article 4.22 Document storage requirements

     1. The manufacturer and/or exporter who applied for a certificate of origin must keep all documentation and copies of documents submitted to the authorized body for at least three years from the date of issuance of the certificate of origin.

    2. An importer who has been granted preferential tariff treatment must keep a copy of the certificate of origin on the basis of which the preferences were granted for at least three years from the date of granting such preferential treatment.

    3. An application for a certificate of origin and all documents related to such an application must be kept by the authorized body for at least three years from the date of issue.

SECTION III. TARIFF PREFERENCES

Article 4.23 Granting of tariff preferences

     1. Tariff preferential treatment under this Agreement should be applied to originating goods that meet the requirements of this Chapter.

    2. The Customs authorities of the importing Party shall grant tariff preferential treatment to goods originating from the exporting Party, subject to the following conditions::

    a) the imported goods meet the criteria of origin established in Article 4.3 of this Agreement;

    b) the declarant demonstrates compliance with the requirements of this chapter;

    c) the customs authorities of the importing Party have been provided with a valid and completed original certificate of origin in accordance with the requirements of Section II "Documentary proof of origin". The original certificate of origin may not be provided when the Parties implement the ESA provided for in paragraph 6 of Article 4.16 of this Agreement.

    3. Notwithstanding the provisions of paragraph 2 of this Article, if the Customs authorities of the importing Party have reasonable doubts about the origin of the goods in respect of which tariff preferences have been declared and/or about the authenticity of the submitted certificate of origin, such customs authorities may refuse or suspend the application of preferential tariff treatment to the relevant goods. However, the goods may be released in accordance with national legislation.

Article 4.24 Refusal to grant tariff preferences

     1. In cases where the goods do not comply with the requirements of this Chapter, or the importer or exporter does not ensure compliance with the provisions of this Chapter, the customs authority of the importing Party may refuse to grant tariff preferences and collect unpaid customs duties in accordance with national legislation.

    2. The customs authorities of the importing Party have the right to refuse to grant tariff preferences if:

    a) the goods do not meet the requirements of this Chapter, which does not allow them to be considered as goods originating from a Party and/or

    b) other requirements of this Chapter are not fulfilled, including:

    i. requirements of Article 4.9 of this Agreement;

    ii. requirements of Article 4.10 of this Agreement;

    iii. requirements for the issuance of a Certificate of Origin set out in Annex 5 to this Agreement;

    c) the verification procedures carried out in accordance with Articles 4.30 and 4.31 of this Agreement do not allow to establish the origin of the goods or indicate that the goods do not meet the criteria of origin;

    d) the verifying authority of the exporting Party has confirmed that the certificate of origin has not been issued (i.e. is fake) or has been cancelled (revoked);

    e) the customs authorities of the importing Party have not received a response from the inspection authority of the exporting Party within six months from the date of sending the verification request, or the response received does not contain sufficient information to determine the origin of the goods.;

    f) the customs authority of the Importing Party, within 60 days from the date of sending the notification provided for in paragraph 2 of Article 4.31 of this Agreement, has not received written consent from the verifying authority in accordance with paragraph 5 of Article 4.31 of this Agreement to conduct an on-site inspection or has been refused to conduct such an on-site inspection.

    3. If the importing Party has established during the verification procedures that the exporter or manufacturer provides false and/or incomplete information for the purpose of obtaining certificates of origin, the Customs authorities of the importing Party may refuse to grant preferential tariff treatment for goods identical to those indicated in the certificates of origin submitted by such exporter or manufacturer in accordance with the relevant national legislation.

    4. In the cases specified in subparagraph (b) of paragraph 2 of this Article and paragraph 1 of Article 4.25 of the Agreement, the customs authorities of the importing Party are not required to make a request provided for in Article 4.30 of this Agreement to the authorized body for verification of origin in order to make a decision on refusal to grant tariff preferences.

Article 4.25 Temporary suspension of tariff preferences

     1. If the Party has identified:

    (a) Systematic violations in the application of tariff preferential treatment under this Agreement in respect of goods exported or manufactured by a person of the other Party; or

    b) that the other Party systematically and unreasonably refuses to fulfill the obligations stipulated in Articles 4.30 and/or 4.31 of this Agreement;

    In exceptional cases, such a Party may temporarily suspend the provision of tariff preferential treatment under this Agreement.

    2. A temporary suspension of the granting of tariff preferential treatment in accordance with paragraph 1 of this article may be applied to goods:

    a) persons of the exporting Party, if the importing Party has concluded that this person is involved in the commission of systematic violations of the requirements for the application of tariff preferential treatment under this Agreement;

    (b) The person appearing in the verification request or the request for on-site verification referred to in subparagraph (b) of paragraph 1 of this Article.

    3. If the importing Party has concluded that the current measures to suspend the granting of tariff preferences in accordance with subparagraph (a) of paragraph 2 of this Article have not led to the cessation of systematic violations of the requirements for the application of tariff preferences under this Agreement, the Party may temporarily suspend the provision of tariff preferences for identical goods classified in on the same product lines at the level of 8-10 digit codes of the respective national nomenclatures of the Parties.

    4. For the purposes of this Article

    a) a conclusion on systematic violations may be made if, following an investigation based on objective, convincing and reliable data, it is revealed that a person of the other Party systematically provides false or inaccurate information for the purpose of obtaining tariff preferences under this Agreement.;

    b) systematic and unjustified refusal to comply with the requirements of Articles 4.30 and 4.31 of this Agreement means systematic refusal to verify the origin of the relevant goods and/or carry out on-site inspections in accordance with the request of the Party or the lack of response to verification requests and requests for on-site inspection;

    c) identical goods are goods having the same physical characteristics, quality and reputation.

    5. A Party that has reached a conclusion in accordance with paragraphs 1 and 3 of this article must:

    a) notify the other Party and provide the information and evidence on which this conclusion is based;

    b) to participate in consultations on the other Side with a view to reaching a mutually acceptable solution.

    6. If the Parties have not reached a mutually acceptable decision within 30 days within the framework of consultations provided for in subparagraph (b) of paragraph 5 of this Article, the Party that made the conclusion shall refer the issue to the Joint Committee for consideration.

7. If the Joint Committee has not taken a decision on this issue within 60 days, the Party that has made the conclusion may, in accordance with paragraphs 2 and 3 of this Article, temporarily suspend the provision of tariff preferences under this Agreement. The Party that has decided to temporarily suspend the provision of tariff preferences must immediately notify the other Party and the Joint Committee. The temporary suspension of tariff preferences does not apply to goods that are in the process of being delivered at the time the temporary suspension takes effect. The date of delivery must be the date indicated in the transport document issued by the carrier.

    8. The temporary suspension of tariff preferences is applied until the exporting Party provides convincing evidence of its ability to meet the requirements of this Chapter and ensure compliance with all provisions of this Chapter by exporters or manufacturers, but may not exceed 4 months and may be extended for a period not exceeding 3 months.

    9. Any suspension of the granting of tariff preferences under this Article, as well as any extension of the suspension of tariff preferences, shall be the subject of periodic consultations between the Parties in order to resolve the issue.

SECTION IV. ADMINISTRATIVE COOPERATION

Article 4.26 Language of administrative cooperation

     Any notification and interaction between the Parties under this chapter should be carried out through the relevant authorities in English.

Article 4.27 Authorized and inspection bodies

     From the moment of entry into force of this Agreement, the Governments of the Parties will appoint or retain authorized and verification bodies.

Article 4.28 Notifications

     1. Prior to the issuance by the authorized body of any certificates of origin provided for in this Agreement, each Party will send to each other, through the Ministry of Industry and Trade of Vietnam and the Eurasian Economic Commission, respectively, information on the names and addresses of all authorized and verifying authorities, along with original and legible samples of the prints of the seals used by them, as well as a sample a certificate of origin form and information about the specifics of their protection.

    2. Vietnam will send the information in accordance with paragraph 1 of this article in five copies to the Eurasian Economic Commission. The Eurasian Economic Commission may request additional copies of this information from Vietnam.

    3. Vietnam and the Eurasian Economic Commission publish information on the Internet about the names and addresses of authorized and verifying bodies of the Parties.

    4. Any changes to the above information must be notified in advance in the same manner by the authorities of the Parties referred to in paragraph 1 of this Article.

Article 4.29 Development and implementation of an Electronic System of Certification and verification of Origin

     1. The Parties will strive to implement the ESA no later than two years after the entry into force of this Agreement.

    2. The ESIA is an Internet database containing information on all certificates of origin issued by authorized authorities, and is available to the customs authorities of the importing Party for the purpose of verifying the validity of any issued certificate.

    3. For this purpose, the Parties should establish a working group that will seek to develop and implement the ESA.

Article 4.30 Verification of origin

     1. In case of reasonable doubts about the authenticity of the certificate and/or the conformity of the goods declared in the certificate with the criteria of origin set out in Article 4.3 of this Agreement, as well as during a simple spot check, the customs authorities of the importing Party may contact the authorized or verifying authorities of the exporting Party with a request to confirm the authenticity of the document certifying origin, and/or compliance of goods with the criteria of origin, and also, if necessary, send documentary evidence from the exporter and/or manufacturer of the goods.

    2. All verification requests must be accompanied by information sufficient to identify the goods. The request to the verification authority must include information about the circumstances and reasons for its initiation, as well as contain a copy of the certificate of origin.

    3. The authorized body that has received the request specified in paragraph 1 of this Article must provide a response to the customs authorities of the importing Party within 6 months from the date of such request.

    4. In response to the request referred to in paragraph 1 of this Article, the verifying authority must clearly indicate whether the certificate of origin of the goods is genuine and/or whether the goods originate from the territory of the Party, including providing the requested documentary evidence obtained from the exporter or manufacturer. Until a response to the verification request is received, the provisions of paragraph 3 of Article 4.23 of this Agreement may apply. The customs duties paid in this case will be refunded if the results of the verification request confirm that the goods meet the criteria of origin and other requirements of this Chapter.

Article 4.31 On-site inspection

     1. If the Customs authorities of the importing Party are not satisfied with the results of the verification request specified in Article 4.30 of this Agreement, in exceptional circumstances they may send a request to the exporting Party to conduct an on-site inspection in order to examine the documents specified in Article 4.23 or inspect the production facilities used.

    2. Prior to conducting an on-site inspection in accordance with paragraph 1 of this Article, the customs authorities of the importing Party must send a written notification of their intention to conduct such verification to the inspection authority of the Party in whose territory such verification is to be carried out.

    3. The written notification referred to in paragraph 2 of this article must be as complete as possible and include, inter alia:

    a) the name of the Customs authorities of the Party that sent the notification;

    b) the name of the manufacturer and/or exporter whose premises are to be inspected;

    c) estimated dates of the on-site inspection;

    (d) The scope of the proposed on-site inspection, including information on the goods being inspected and doubts about their origin;

    e) the names or positions of the officials conducting the on-site inspection.

    4. The verifying authority of the exporting Party must request written consent from the manufacturer and/or exporter to conduct an on-site inspection and send it to the requesting Party within 60 days from the date of sending the notification specified in paragraph 2 of this Article.

    5. In the event that the written consent of the verifying authority is not received within 60 days from the date of sending the notification specified in paragraph 2 of this Article, or the refusal to conduct an on-site inspection is received, the Party that sent the notification refuses to grant preferential tariff treatment for goods specified in the certificate (certificates) of origin, in which is being reviewed.

    6. Any on-site inspection must be initiated within 60 days from the date of written consent and completed within a reasonable time.

    7. The body conducting the on-site inspection must, no later than 90 days from the first day of the on-site inspection, provide the manufacturer and/or exporter whose goods and premises are the subject of the on-site inspection, as well as the verifying authority of the exporting Party with a written decision on the results of such an inspection.

    8. An on-site inspection, including the actual inspection and determination of the origin of the goods, must take place and the results of its conduct must be sent to the authorized bodies within a period not exceeding 210 days. The provisions of paragraph 3 of Article 4.23 of this Agreement may apply until the results of the audit are received.

    9. The suspended or cancelled preferential tariff regime must be restored on the basis of a written decision certifying compliance with the criteria of origin in accordance with this Agreement in respect of the goods being checked.

    10. The inspection group is formed by the central customs authority of the importing Party in accordance with the relevant national legislation.

    11. The verification authority or the authorized body of the exporting Party must assist in conducting an on-site inspection by the customs authorities of the importing Party.

    12. The manufacturer and/or exporter who have agreed to conduct an on-site inspection must assist in its implementation, provide access to production facilities, financial (accounting) and other documents considered as part of the on-site inspection, and, if necessary, provide any other information or documents.

    13. The provision of obstacles to the conduct of an on-site inspection by the authorities or organizations of the inspected Party should be regarded as a refusal to conduct an on-site inspection, in which case the importing Party has the right to refuse to grant tariff preferences to the relevant goods.

    14. All costs associated with the on-site inspection must be paid by the importing Party.

Article 4.32 Confidentiality

     All information provided in accordance with this chapter should be treated as confidential by the Parties in accordance with the relevant national legislation. Information should not be disclosed by the competent authorities of the Parties without the permission of the person or body of the Party that provided such information.

Article 4.33 Fines and other measures in relation to fraudulent activities

Each of the Parties provides for measures of criminal or administrative liability for violation of the relevant legislation related to this Chapter.

Article 4.34 Subcommittee on Rules of Origin Determination

     1. For the purposes of effective implementation and implementation of the provisions of this Chapter, a Subcommittee on Rules for Determining Origin is being established.

    2. The functions of the Subcommittee include:

    a) consideration and adoption of the relevant recommendations of the Joint Committee and the Committee on Goods on:

    i. revision of Annex 3 of this Agreement regarding the introduction of amendments to the Harmonized System. Such a review should be carried out in a timely manner and without prejudice to established obligations.;

    ii. the application and operation of this Chapter, including with regard to proposals for the establishment of rules for its application;

    iii. failure by one of the Parties to fulfill the obligations defined in this section;

    iv. technical amendments to this Chapter;

    V. amendments to the list of special criteria of origin;

    vi. disputes arising between the Parties during the implementation of this Chapter;

    vii. any amendments to the provisions of this Chapter and Annexes 3, 4, 5 of this Agreement;

    (b) Consideration of any other issues related to this Article proposed by either Party;

    (c) Submitting reports of the Subcommittee on Rules of Origin to the Committee on Goods; and

    (d) Performing other functions that may be assigned by the Joint Committee in accordance with article 1.5 of this Agreement.

    3. The Subcommittee on Rules of Origin Determination consists of representatives of the Parties and, by mutual agreement of the Parties, may involve representatives of other organizations of the Parties with the necessary competence related to the issues under discussion.

    4. The Subcommittee on Rules of Origin Determination is convened at a time and place determined by agreement of the Parties, but at least once a year.

    5. The provisional agenda of each meeting of the Subcommittee is sent to the Parties no later than one month before the meeting.

SECTION V. TRANSITIONAL PROVISIONS

Article 4.35 Goods during transportation or storage

     Tariff preferential treatment is applied to goods that, at the time or after the entry into force of this Agreement, are in the process of transportation from the exporting Party to the importing Party or in temporary storage in a closed territory in the importing Party, subject to presentation to the customs authorities of the importing Party of a certificate of origin issued subsequently, as well as taking into account compliance with relevant national legislation and administrative procedures of the importing Party.

CHAPTER 5 CUSTOMS ADMINISTRATION AND TRADE FACILITATION

Article 5.1 Scope of application

     This chapter applies to customs administration measures and customs operations necessary for the release of goods in trade between the Parties in order to facilitate:

    (a) Transparency of customs procedures and customs formalities;

    (b) Simplification of trade and harmonization of customs operations;

    c) customs cooperation, including information exchange between the central customs authorities of the Parties.

Article 5.2 Definitions

     For the purposes of this Chapter:

    a) "customs administration" means the organizational and managerial activities of the customs authorities of the Parties, as well as activities carried out within the framework of the regulatory framework for the implementation of customs objectives;

    b) "customs legislation" means any rules and regulations applied by the customs authorities of the Parties, including laws, resolutions, decrees, orders, rules, etc.;

    c) "express cargoes" - goods delivered via high-speed transport systems of any type of transport using an electronic information management and tracking system for the purpose of delivering goods to the recipient in accordance with a separate payment document in the shortest possible or fixed period of time, with the exception of goods sent by international mail;

    d) "processing in the customs territory" is a customs procedure in which foreign goods can be imported into the customs territory of the Parties with conditional exemption from customs duties and taxes, provided that such goods are intended for processing or repair and subsequent export from the customs territory of the Party within a certain period of time.;

    e) "processing outside the customs territory" is a customs procedure in which goods in free circulation in the customs territory of a Party may be temporarily exported for processing operations outside the customs territory of such a Party, and then re-imported with full exemption from customs duties and taxes.;

    f) "temporary importation" is a customs procedure under which foreign goods may be imported into the customs territory of a Party with full or partial conditional exemption from customs duties and taxes, provided that such goods must be re-exported within a certain period of time in accordance with the customs legislation of such Party.

Article 5.3 Simplification of customs administration measures

     1. Each Party shall ensure that the customs administration measures applied by the Customs authorities of that Party are predictable, consistent and transparent.

    2. The customs administration measures of each Party should, to the extent possible and to the extent permitted by the customs legislation of such Party, be based on the standards and recommended practices of the World Customs Organization.

    3. The central customs authorities of each Party will strive to improve customs administration measures aimed at simplifying them in order to facilitate trade facilitation.

Article 5.4 Release of goods

     1. Each Party establishes or continues to implement customs procedures and operations for the effective release of goods in order to simplify trade between the Parties. This does not oblige a Party to release goods in cases where the requirements for the release of such goods have not been met.

    2. In accordance with paragraph 1 of this Article, each Party:

    a) ensures the release of goods within a period of time not exceeding 48 hours from the date of registration of the customs declaration, except in cases provided for by the customs legislation of the Parties;

    b) seeks to establish or maintain the possibility of electronic presentation and processing of preliminary Customs information prior to the arrival of goods in order to accelerate the release of goods upon their arrival.

Article 5.5 Risk management

     The Customs authorities of the Parties should apply a risk management system that allows them to focus inspection procedures on high-risk goods and simplify customs operations for low-risk goods through a systematic risk assessment.

Article 5.6 Customs cooperation

     1. In order to facilitate the effective implementation of this Agreement, the central customs authorities of the Parties shall strengthen mutual cooperation on key issues in the field of customs affairs affecting goods in trade between the Parties.

    2. If the central customs authority of a Party, in accordance with its legislation, has a reasonable suspicion of illegal activities, the central customs authority of such Party has the right to make a request to the central customs authority of the other Party in order to obtain certain confidential information usually collected in relation to the export and/or import of goods.

    3. A Party's request made in accordance with paragraph 2 of this Article must be in writing, contain the purpose for which confidential information is requested, as well as contain information sufficient to identify the goods in respect of which such a request is being made.

    4. The Party to which the request is addressed in accordance with paragraph 2 of this article shall provide a written response containing the requested information.

    5. The central customs authority of the Party to which the request is addressed shall seek to provide the central customs authority of the requesting Party with any other information that may assist this central customs authority of the Party in determining the compliance of import or export shipments to/from such Party with the requirements of its relevant legislation.

    6. The central customs authorities of the Parties shall take measures to establish or maintain communication channels for customs cooperation, including the establishment of contact points that will facilitate accelerated and secure information exchange and improve coordination on customs matters.

Article 5.7 Information exchange

     1. In order to simplify customs operations, accelerate the release of goods and prevent violations of customs legislation, the central customs authorities of the Parties will establish and ensure the use of electronic information exchange on a regular basis (hereinafter referred to as electronic information exchange) within 5 years from the date of entry into force of this Agreement.

    2. On behalf of the Eurasian Economic Union, the Eurasian Economic Commission coordinates the process of creating electronic information exchange and promotes its application.

    3. For the purposes of this Article, "information" means relevant reliable information from customs declarations and transport documents.

4. Within one year from the date of entry into force of this Agreement, the central customs authorities of the member States of the Eurasian Economic Union, with the assistance of the Eurasian Economic Commission and the central Customs authority of Vietnam, will enter into consultations in order to develop an electronic information exchange system in accordance with paragraph 6 of this Article.

    5. All requirements and technical conditions necessary for the functioning of electronic information exchange, including the composition of the transmitted information, will be determined in separate protocols between the central customs authorities of the Parties. Such information should be sufficient to identify the goods being transported and to carry out effective customs control.

    6. The implementation of electronic information exchange should be divided into the following stages:

    a) no later than two years from the date of entry into force of this Agreement, the above-mentioned authorities will organize an experimental electronic information exchange between individual customs authorities of the Parties responsible for customs clearance of certain types of goods in trade between the Parties. Such customs authorities and goods will be determined by the central customs authorities of the Parties in the protocol provided for in paragraph 5 of this Article.;

    b) no later than three years from the date of entry into force of this Agreement, electronic information exchange will be carried out in respect of goods whose trade turnover between the Parties has increased by more than 20% since the date of entry into force of this Agreement.;

    c) no later than five years from the date of entry into force of this Agreement, the central customs authorities of the Parties will ensure the implementation of electronic information exchange between all Customs authorities concerned in respect of all goods in trade between the Parties.

    7. All information transmitted in accordance with the provisions of this article should be treated as confidential and used only for customs purposes.

    8. The implementation of electronic information exchange does not prevent the application or establishment of any other information exchange based on the international obligations of the Parties.

Article 5.8 Publication

     1. The competent authorities of each of the Parties shall publish on the Internet or through other mass media information concerning the customs legislation established in the Parties.

    2. The competent authorities of each Party will establish or maintain one or more contact points to consider requests from interested parties on customs issues and publish information about such contact points on the Internet.

    3. The competent authorities of the Parties shall send each other the contact information about the established contact points.

    4. To the extent possible, each Party shall publish in advance the proposed legislation of general application governing customs issues and provide an opportunity for interested parties to comment on them before adoption.

Article 5.9 Preliminary decisions

     1. The Customs authorities of the Parties shall provide in writing to any applicant registered in the importing Party preliminary decisions on the classification of goods, on the origin of goods, as well as on any additional issues that the Party considers relevant. The Parties shall make efforts to create or preserve the possibility of issuing preliminary decisions on the method of determining the customs value of goods.

    2. Each Party will establish or maintain mechanisms for making preliminary decisions that:

    a) provide that the applicant may apply for a preliminary decision before the goods are imported;

    (b) Require that, in order to obtain a preliminary decision, the applicant provide in advance a detailed description of the goods and other relevant information necessary for the issuance of such a preliminary decision;

    c) provide that the customs authority of the Party may, within 30 days from the date of filing the application, require the applicant to provide additional information within a certain period of time.;

    d) provide that any preliminary decision is based on the facts and circumstances provided by the applicant, as well as on other information available to the Customs authorities;

    e) provide that a preliminary decision is issued to the applicant as soon as possible, either within 90 days from the date of filing the application or 60 days from the date of receipt of all necessary additional information.

    3. The Customs authority of a Party may refuse to issue a preliminary decision if the additional information requested by it in accordance with subparagraph (c) of paragraph 2 of this Article has not been provided within the specified period.

    4. The preliminary decision is valid for at least 3 years from the date of issue or for another period of time exceeding the specified period, if this is established by the customs legislation of the Parties.

    5. The Customs authority may change or revoke the preliminary decision.:

    a) if it is established that the preliminary decision is based on false or inaccurate information;

    b) if changes have been made to the customs legislation in accordance with this Agreement; or

    c) if the essential facts or circumstances on which the issuance of the preliminary decision was based have changed.

    6. The Customs authorities of the Parties publish preliminary decisions in accordance with confidentiality requirements.

Article 5.10 Determination of customs value

     The customs value of goods in trade between the Parties is determined in accordance with the customs legislation of the importing Party, which is based on the provisions of Article VII of the GATT 1994 and the Agreement on the Application of the Provisions of Article VII of the General Agreement on Tariffs and Trade 1994, contained in Annex 1A to the WTO Agreement.

Article 5.11 Classification of goods

     The Parties apply commodity nomenclatures based on the current version of the Harmonized Commodity Description and Coding System in relation to goods in trade between the Parties.

Article 5.12 Transit of goods

     The Parties may mutually recognize the means of identification and documents used by the Parties and necessary for the control of goods and ships, as well as other vehicles in transit.

Article 5.13 Express cargo

     1. The customs authorities of the Parties ensure accelerated customs clearance of express cargoes, while maintaining the appropriate level of customs control.

    2. Express cargoes must be placed under the customs procedure in an expedited manner in accordance with the customs legislation of the Party.

Article 5.14 Temporary importation of goods

     In accordance with international standards, the customs authorities of the Parties strive to simplify the performance of customs operations in respect of goods within the framework of the customs procedure for temporary importation of goods.

Article 5.15 Processing in and outside the customs territory

     In accordance with international standards, the customs authorities of the Parties strive to simplify the performance of customs operations in respect of goods within the framework of customs procedures for processing in the customs territory and processing outside the customs territory.

Article 5.16 Confidentiality

     All information provided in accordance with this chapter, with the exception of statistics, must be treated as confidential by the Parties in accordance with the laws of the Parties. Information should not be disclosed by the competent authorities of the Parties without the permission of the person or body of the Party that provided such information.

Article 5.17 Customs agents (representatives)

     The customs legislation of the Parties should provide declarants with the right to submit customs declarations independently, without requiring mandatory access to the services of customs agents (representatives).

Article 5.18 Automation

     1. The customs authorities of the Parties shall ensure the possibility of carrying out customs operations using information systems and information technologies, including those based on electronic means of communication.

    2. The central customs authorities of the Parties provide declarants with the possibility of electronic declaration of goods.

Article 5.19 Review and appeal

     Each Party shall provide an opportunity for administrative review of decisions taken by customs authorities affecting the rights of the person concerned, and the possibility of judicial appeal of such decisions in accordance with the legislation of the Parties.

Article 5.20 Fines

     Each Party shall adopt or maintain measures involving the imposition of administrative fines for violations of customs legislation on the import or export of goods, including provisions on the classification of goods, determination of customs value, determination of the country of origin and obtaining tariff preferences under this Agreement.

CHAPTER 6TECHNICAL BARRIERS TO TRADE

Article 6.1 Objectives

     The objectives of this Chapter are to simplify trade between the Parties by:

    (a) Developing cooperation in the development, adoption and application of standards, technical regulations and conformity assessment procedures in order to eliminate unnecessary technical barriers to trade and, where possible, reduce unnecessary costs incurred by exporters;

    (b) Developing a mutual understanding of the standards, technical regulations and conformity assessment procedures of each Party;

    (c) The development of information exchange between the Parties in the field of the development, adoption and application of standards, technical regulations and conformity assessment procedures;

    (d) Strengthening cooperation between the Parties in the work of international bodies in the field of standardization and conformity assessment;

    (e) Providing a framework for achieving these objectives; and

(f) Developing cooperation on issues related to technical barriers to trade.

Article 6.2 Scope of application

     1. This Chapter applies to all standards, technical regulations and conformity assessment procedures of the Parties that may directly or indirectly affect trade in goods between the Parties, with the exception of:

    (a) Procurement specifications prepared by government authorities for procurement purposes for the production and consumption needs of government authorities; and

    (b) Sanitary and phytosanitary measures as defined in Chapter 7 "Sanitary and phytosanitary measures" of this Agreement.

    2. In accordance with this Chapter and the TBT Agreement, each Party has the right to develop, adopt and apply standards, technical regulations and conformity assessment procedures.

Article 6.3 Definitions

     For the purposes of this Chapter, the definitions set out in Annex 1 to the TBT Agreement apply, mutatis mutandis.

ARTICLE 6.4 Inclusion of the TBT Agreement

     Unless otherwise specified in this Chapter, the TBT Agreement applies between the Parties and is hereby incorporated into and forms an integral part of this Agreement, mutatis mutandis.

Article 6.5 Transparency

     1. The Parties recognize the importance of transparency in the development, adoption and application of standards, technical regulations and conformity assessment procedures.

    2. Each Party shall provide a comment period of at least 60 days after the publication of the notification provided for in Articles 2.9 and/or 5.6 of the TBT Agreement, except in cases where urgent safety, health, environmental or national security concerns arise or threaten to arise for the Parties.

    3. Each Party shall provide for at least 180 days between the adoption of the technical regulation and/or the conformity assessment procedure and its/their entry into force, except in cases of occurrence or threat of urgent safety, health, environmental or national security issues.

    4. The Parties strive to exchange information in English to the greatest extent possible.

Article 6.6 Labeling and labeling

     The Parties note that, in accordance with the provision of paragraph 1 of Annex 1 of the TBT Agreement, technical regulations may include or exclusively contain labeling or labeling requirements, and agree, in cases where such technical regulations contain mandatory labeling or labeling requirements, to act in accordance with the principles contained in Article 2.2 of the TBT Agreement, according to which technical regulations should not be developed, adopted and applied in this way, to create or lead to the creation of unnecessary obstacles to international trade and to have a more restrictive effect on trade than is necessary to achieve legitimate goals.

Article 6.7 Consultations

     1. In cases where the day-to-day application of standards, technical regulations or conformity assessment procedures affects trade between the Parties, the Party may request consultations to resolve this issue. The request for consultations must be sent to the contact point of the other Party established in accordance with Article 6.9 of this Agreement.

    2. Each Party shall make every effort to promptly and positively consider any request from the other Party for consultations on issues related to the implementation of this Chapter.

    3. In cases where an issue related to this Chapter cannot be clarified or resolved through consultations, the Parties may establish an ad hoc working group to develop an acceptable and practical solution that will simplify trade. The working group includes representatives of the Parties.

    4. If a Party rejects the other Party's request to establish a working group, it will, upon request, explain the reasons for its decision.

Article 6.8 Cooperation

     1. In order to ensure that standards, technical regulations and conformity assessment procedures do not create unnecessary obstacles in the trade of goods between the Parties, the Parties, whenever possible, cooperate in the field of standards, technical regulations and conformity assessment procedures.

    2. Cooperation under paragraph 1 of this Article may include the following:

    (a) Holding joint seminars to improve mutual understanding of standards, technical regulations and conformity assessment procedures of each Party;

    b) exchange of officials of the Parties for the purpose of professional development;

    (c) Exchange of information on standards, technical regulations and conformity assessment procedures;

    (d) Strengthening cooperation in international forums, including in the framework of international bodies for standardization and conformity assessment procedures, as well as in the WTO Committee on Technical Barriers to Trade, in areas of mutual interest;

    (e) Support the cooperation of the authorities responsible for standards, technical regulations and conformity assessment procedures in each Party on issues of mutual interest;

    (f) Ensuring scientific and technical cooperation in order to improve the quality of technical regulations;

    g) effective use of regulatory and legal opportunities.

    3. The implementation of paragraph 2 of this Article depends on the availability of allocated funds and the relevant legislation of each of the Parties.

    4. Cooperation in the field of technical barriers to trade can be carried out, inter alia, through dialogue through appropriate channels, joint projects and technical support.

    5. The Parties may carry out joint projects, technical support and cooperation on standards, technical regulations and conformity assessment procedures in certain areas, by mutual agreement.

    6. The parties agreed to exchange views on issues related to technical barriers to trade, market surveillance and law enforcement practices in this area regarding technical barriers to trade.

    7. Upon request, the Party shall pay due attention to proposals for cooperation under this Chapter submitted by the other Party.

    8. In order to facilitate the development of cooperation under this Chapter, the Parties may conclude ad hoc agreements on the issues covered by it.

Article 6.9 Competent authorities and contact points

     1. The Parties shall designate competent authorities and contact points, as well as exchange information containing the names of designated competent authorities and contact points, as well as contact details of relevant officials in these organizations, including telephone, fax, e-mail and other data.

    2. The Parties shall immediately notify each other of any changes related to the competent authorities or contact points, as well as changes in information about the relevant officials.

    3. The functions of the contact point include:

    a) facilitating the exchange of information between the Parties on standards, technical regulations and conformity assessment procedures, in response to all reasonable requests for such information from the other Party;

    b) transmission of requests from the other Party to the relevant regulatory authorities.

    4. The functions of the competent authorities include:

    a) Monitoring the implementation of this Chapter;

    (b) Facilitating cooperation in accordance with Article 6.8 of this Agreement;

    c) prompt resolution of any issue of the other Party related to the development, adoption, application and enforcement of standards, technical regulations and conformity assessment procedures;

    (d) To facilitate consultations on any issues arising under this Chapter upon the request of a Party.;

    e) performing any other actions that, in the opinion of the Parties, will help them in the implementation of this Chapter;

    (f) Performing other functions that may be delegated by the Joint Committee.

CHAPTER 7 SANITARY AND PHYTOSANITARY MEASURES

Article 7.1 Objectives

     The purpose of this Chapter is to simplify trade in goods between the Parties by:

    a) finding solutions to controversial issues related to sanitary and phytosanitary measures, while protecting the life and health of people, animals and plants on the territory of the Parties;

    (b) Strengthening cooperation between the Parties and their competent authorities, including in the development and application of sanitary and phytosanitary measures, as defined in the SPS Agreement;

    (c) To facilitate the exchange of information in the field of sanitary and phytosanitary measures and to enhance knowledge and understanding of the regulatory system of each Party.

Article 7.2 Scope of application

     This Chapter applies to sanitary and phytosanitary measures of the Parties that may directly or indirectly affect trade between the Parties.

Article 7.3 Definitions

     For the purposes of this Chapter:

    (a) The definitions contained in Annex A of the SPS Agreement apply, mutatis mutandis;

    b) the relevant definitions developed by international organizations: the Codex Alimentarius Commission, the World Organization for Animal Health (OIE) and international and regional organizations operating under the International Plant Protection Convention (IPPC), are applied mutatis mutandis in the implementation of this Chapter.

Article 7.4 Inclusion of the SPS Agreement

     Unless otherwise specified in this Chapter, the SPS Agreement applies between the Parties and is hereby incorporated into and forms an integral part of this Agreement, mutatis mutandis.

Article 7.5 Equivalence

     1. The Parties recognize that equivalence is an important means of facilitating trade.

    2. The Parties may recognize the equivalence of a measure, group of measures, or system within reasonable and acceptable limits.

Article 7.6 Adaptation to regional conditions

     1. The Parties recognize the concept of adaptation to regional conditions, including pest- or disease-free zones and areas with low pest or disease prevalence as an important means of facilitating trade.

    2. When determining such zones, the Parties consider such factors as information from the Parties confirming the status of pest- or disease-free zones and areas with a low spread of pests or diseases, audit results, inspection results, information provided by the OIE and the IPPC, and other factors.

Article 7.7 Audit and inspections

     1. Each Party may conduct audits and/or inspections to ensure the safety of the goods.

    2. The parties agree to expand further cooperation in the field of audit and inspection.

    3. When conducting an audit and/or inspection, each Party shall take into account relevant international standards and recommendations.

    4. The Party conducting the audit or inspection provides the audited Party with an opportunity to comment on the results of the audit and/or inspection.

    5. The expenses incurred by the Party conducting the audit or inspection shall be borne by the Party conducting the audit or inspection, unless otherwise agreed by the Parties.

Article 7.8 Security documents

     1. If any document is required to confirm the safety of goods traded between the Parties, the exporting Party ensures that the requirements of the importing Party are met. The importing Party shall ensure that the requirements for documents confirming the safety of goods traded between the Parties are applied only to the extent necessary to protect the health or life of people, animals or plants.

    2. The Parties shall take into account relevant international standards and recommendations when developing documents confirming the safety of goods, as appropriate.

    3. The Parties may agree to develop bilateral documents to confirm the safety of certain goods or groups of goods traded between the Parties.

    4. In order to simplify trade, the Parties promote the use of electronic technologies in the development of documents confirming the safety of goods.

Article 7.9 Emergency measures

     1. If a Party introduces emergency measures necessary to protect the life or health of people, animals or plants, such Party shall notify the other Party of such measures as soon as possible. The Party that introduced the emergency measures shall take into account the relevant information provided by the other Party.

    2. At the request of either Party, consultations of the relevant competent authorities on emergency measures are held as soon as possible, unless otherwise agreed by the Parties.

Article 7.10 Contact points and information exchange

     1. The Parties shall notify each other of the contact points for sending information in accordance with the provisions of this Chapter, as well as of the authorized competent authorities responsible for matters related to this Chapter and the distribution of responsibilities between them.

    2. The Parties shall inform each other of any changes to the contact points and of any significant changes in the structure or competence of their competent authorities.

    3. The Parties, through their contact points, promptly send each other a written notification regarding:

    (a) Any significant food safety issues or changes concerning the life or health of animals or plants, or the incidence or spread of pests in their territories; and

    (b) Any changes in legislation or other sanitary or phytosanitary measures.

    4. The Parties shall inform each other through contact points about systematic or significant cases of non-compliance with sanitary and phytosanitary measures, as well as provide relevant documents confirming such non-compliance.

Article 7.11 Cooperation

     1. The Parties agree to cooperate in order to simplify the implementation of this Chapter.

    2. The Parties shall explore opportunities for expanding cooperation, interaction and information exchange on issues of sanitary and phytosanitary measures of mutual interest, in accordance with the provisions of this Chapter. Such opportunities may include trade facilitation initiatives and technical support.

    3. The parties strive to work together in international forums, including in international organizations, on issues of mutual interest.

    4. To develop cooperation within the framework of this Chapter, the Parties may conclude ad hoc agreements on sanitary and phytosanitary measures.

Article 7.12 Consultations

     1. If a Party considers that sanitary or phytosanitary measures affect its trade with another Party, it may request consultations through an appropriate contact point in order to resolve this problem.

    2. A Party should consider holding consultations under this Chapter at the request of the other Party in order to resolve issues arising under this Chapter.

    3. If either Party considers that such a problem cannot be resolved through consultations, that Party has the right to seek a resolution of the problem through a dispute resolution mechanism in accordance with Chapter 14 (Dispute Resolution) of this Agreement.

CHAPTER 8. TRADE IN SERVICES, INVESTMENTS AND RELOCATION OF INDIVIDUALS SECTION 1. "HORIZONTAL" PROVISIONS OF ARTICLE I.1 Objectives

     The objectives of this Chapter are to maintain the effectiveness, competitiveness and economic growth of the Parties by facilitating the expansion of trade in services, establishment, investment and movement of individuals of the Parties within a transparent and stable legal system, while recognizing the rights of the Parties to legal regulation for the implementation of national policy objectives.

ARTICLE I.2 Scope of application

     1. This Chapter applies only between the Russian Federation and the Socialist Republic of Vietnam, hereinafter referred to as the "Parties" or "Parties to this Chapter" for the purposes of this Chapter.

    2. This Chapter applies to measures by the Parties affecting trade in services, establishment, investment and movement of individuals.

    3. With regard to air transportation services, this Chapter does not apply to measures affecting air transportation rights, however granted, or to measures affecting services directly related to the exercise of air transportation rights, with the exception of measures related to aircraft repair and maintenance, sale and marketing of air transportation services, services the computer reservation system provided for in paragraph 6 of the Annex on Air Transport Services to the WTO General Agreement on Trade in Services. The definitions contained in paragraph 6 of the Annex on Air Transport Services to the WTO General Agreement on Trade in Services are incorporated into this Chapter and become part of it.

    4. This Chapter does not apply to:

    a. public procurement, which is the subject of the Chapter "Public Procurement";

    b. measures affecting individuals who seek access to the Party's employment market;

    with. measures related to citizenship, place of residence, and permanent employment.

    5. This Chapter does not prevent a Party from applying measures to regulate the entry of individuals into its territory or their temporary stay there, including those measures necessary to protect the integrity of its borders and ensure the orderly movement of individuals across its borders, provided that these measures are not applied in such a way as to nullify or reduce the benefits arising from the other Party has a specific obligation. The mere fact of requiring a visa for individuals of the Party, but not for persons of any other third country, is not considered to be a cancellation or reduction of benefits in accordance with the obligations assumed in this Chapter.

ARTICLE I.3 Definitions

     For the purposes of this Chapter:

    1. The term "trade in services" means the supply of services:

    i. from the territory of one Party to the territory of the other Party;

    ii. Ha of the territory of one Party to the consumer of the services of the other Party.

    2. The term "service delivery" includes the production, distribution, marketing, sale, and delivery of a service.

    3. The term "services" includes any service in any sector, with the exception of services provided on a non-commercial basis and not in competition with one or more service providers.

    4. The term "service provider" means any person who provides a service.

    5. The term "service consumer" means any person who receives or uses the service.

    6. The term "person" means both a legal entity and an individual.

    7. The term "natural person of a Party" means an individual who, in accordance with the legislation of that Party, is a citizen of that Party.

    8. The term "legal entity" means any legal entity duly incorporated or otherwise established in accordance with applicable law.

    Legal entity:

    "owned" by persons of a Party if more than 50% of the ownership interest in it is actually owned by persons of such a Party or such a third State/ "controlled" by persons of the Party if such persons are authorized to appoint the majority of its directors or otherwise lawfully direct its activities.

    9. The term "legal entity of a Party" means a legal entity established or established in accordance with the legislation of such a Party.

10. The term "economic integration agreements" means an international agreement that complies with the requirements of Article V and Article V bis of the General Agreement on Trade in Services (GATS).

    11. The term "measure" means any measure by a Party in the form of legislation, rules, procedures, decisions, administrative action or in any other form.

    12. The term "Party measure" means measures taken:

    a. by the central, regional or local governmental and other authorities of such Party, and

    b. by non-governmental bodies in pursuance of the powers delegated by the central, regional or local governmental and other authorities of such Party.

    13. The term "measures of the Parties affecting trade in services" includes measures in relation to:

    (i) purchase, payment or use of the service;

    (ii) access to and use of services in connection with the provision of services for which the Parties have established requirements for a wide public offering.

    14. The term "measures of the Parties affecting the establishment, commercial presence and activities" includes measures in relation to the establishment, commercial presence of legal entities of one Party in the territory of the other Party or their activities.

    15. The term "legislation" includes any law or other regulatory legal act.

    16. The term "institution" means:

    i. establishment (or creation) and/or acquisition of a legal entity (participation in the capital of an existing legal entity) of any organizational and legal form and form of ownership provided for by the legislation of the Party in whose territory such a person is established, created or acquired; or:

    ii. acquisition of control over a Party's legal entity by legitimately determining, directly or indirectly, decisions taken by such legal entity, including through voting shares (stakes), participation in the governing bodies of such legal entity (including the board of directors, supervisory board, etc.); or

    iii. establishment of a branch; or

    iv. establishment of a representative office

    for the purpose of providing services and/or carrying out economic activities in sectors other than services.

    17. The term "commercial presence" means established, established, acquired or controlled legal entities and/or branches or representative offices established for the purpose of providing services and/or carrying out economic activities in sectors other than established, acquired, controlled or established, hereinafter referred to as "established commercial presence".

    18. The term "activity" means activities of an industrial, commercial or professional nature of the legal entities, branches, representative offices referred to in paragraph 17 of this Article, with the exception of activities carried out on a non-commercial basis and not in competition with one or more persons engaged in the same activity.

ARTICLE I.4other international agreements

     If an international agreement to which both Parties are parties, including the WTO Agreement, provides for more favourable treatment for their persons (service providers) and/or their commercial presence, services or investments in relation to the issues covered by this Section, this Agreement shall not affect such more favourable treatment.

ARTICLE I.5internal regulation

     1. Article VI of the WTO General Agreement on Trade in Services applies mutatis mutandis between the Parties.

    2. Without prejudice to the right of a Party to establish and apply licensing procedures and requirements for institutions and activities covered by Section X ("Institution") (as well as service sectors for which the Party has entered into specific service obligations under Section X ("Trade in Services"), such Party guarantees that:

    - its licensing procedure, as such, will not be a restriction on the establishment, operation or supply of a service, and its licensing requirements directly related to the choice of service delivery, as such, will not be an unjustified obstacle to the supply of such a service.;

    - the authorized authorities will take a decision to issue/refuse to issue a license without undue delay and within the time period specified in the relevant legislation of such Party.;

    - any fee charged in connection with the filing and consideration of a license application, as such, will not constitute a restriction on the provision of services, institutions or activities.;

    - upon the expiration of any period of consideration of the license application established by the legislation of such Party, and upon the request of the applicant, the competent authorities of such Party shall inform the applicant of the status and completeness of his application. If such authorities require additional information from the applicant, they will notify the applicant without undue delay and specify what additional information is required to complete the application. Applicants should be able to provide the requested additional information and make technical corrections to the application. The application will not be considered complete until comprehensive information and documents provided for by the relevant legislation of such Party are received.;

    - at the written request of the applicant whose application has been rejected, the authorized body that rejected the application shall inform the applicant in writing of the reasons for rejecting the application. However, this regulation does not imply a requirement for disclosure of information by a supervisory authority if such disclosure impedes law enforcement or otherwise contradicts the public interest or essential security interests.;

    - if the application is rejected, the applicant has the right to submit a new application in order to resolve any previous problems with obtaining a license.

ARTICLE I.7 Contact center

     Each Party should identify a national contact point in order to facilitate communication between the Parties on matters covered by this Chapter, as well as provide information on such a contact point to the other Party. The Parties must immediately notify each other of any changes in the information about their contact centers.

ARTICLE I.8 Refusal to provide benefits

     A Party may refuse to provide the benefits provided for in this Section to a person of the other Party if the first Party determines that such person is a legal entity that does not conduct significant business operations in the territory of the other Party and is owned or controlled by persons:

    a. any third State, or

    b. the first Party.

ARTICLE I.9 Restrictions to protect the balance of payments

     1. Notwithstanding the provisions of Articles II.5 [Payments and Transfers] and IV.10 [Transfers of Payments] of this Chapter, each Party may establish and maintain restrictions on trade in services, institutions and investments in respect of which that Party has undertaken obligations under this Chapter, including payments or transfers on transactions related to to such obligations] referred to in said Articles II.5 [Payments and Transfers] and IV. 10 [Transfers of payments] of this Chapter, in the event of serious difficulties with the balance of payments and external financial difficulties or threats thereof, provided that such restrictions:

    - applied on the basis of RNB;

    - comply with the Articles of the Agreement on the International Monetary Fund;

    - avoid causing unnecessary damage to the commercial, economic and financial interests of the other Party;

    - do not exceed the limits of necessity under the circumstances set out in this paragraph;

    - should be temporary and gradually eliminated as the situation specified in this paragraph improves.

    2. The Party imposing the restriction in accordance with paragraph 1 of this Article must immediately notify the other Party of such a measure.

    3. When determining the scope of such restrictions, the Parties may give preference to the supply of services that are more important for their economic or development programs. However, such restrictions should not be imposed or maintained in order to protect a particular service sector.

    4. No provisions of this Agreement shall affect the rights and obligations of a Party that is a member of the International Monetary Fund in accordance with the Articles of the Agreement of the Fund, including the application of measures related to the exchange of currencies in accordance with the Articles of the Agreement, provided that the Party applies restrictions in accordance with the conditions provided for in paragraph 1 of this Article.

    [VN: The dispute resolution procedures provided for in Article X.11 [Dispute Resolution between a Party and an investor of the other Party] of this Chapter will not apply to this Article.]

ARTICLE I.10connection

     1. Any Member State of the Eurasian Economic Union may accede to this Chapter, including Lists of Specific Obligations and Lists of Exemptions on the terms agreed between such Member State and Vietnam.

    2. In case of accession of a member State of the Eurasian Economic Union to this Chapter, the provisions of this Chapter shall not apply as between the Parties to this Chapter that are member States of the Eurasian Economic Union, and shall not grant Vietnam the rights and privileges granted by the member States of the Eurasian Economic Union to each other.

ARTICLE X.11REFERENCES

     This Chapter may be amended with the mutual written consent of the Parties.

    Amendments to this Chapter resulting from the accession of a member State of the Eurasian Economic Union must be made with the mutual written consent of the Parties to this Chapter and the member State of the Eurasian Economic Union acceding to this Chapter.

ARTICLE X.12CONSULTATIONS

1. The Parties shall consult, at the request of either Party, on the interpretation or application of the provisions of this Chapter.

    2. The consultations provided for in paragraph 1 of this Article may be conducted through a Joint Committee established in accordance with Article 5 of Chapter XX [General Provisions] of this Agreement.

    3. For the purposes of this Chapter, the Joint Committee should be co-chaired by representatives of the Parties to this Chapter, and any decisions of the Joint Committee on matters covered by this Chapter should be taken by consensus only by the Parties to this Chapter.

ARTICLE X.13 Resolution of disputes between the Parties

     The provisions of Chapter XX [DISPUTE RESOLUTION] shall apply to the settlement of disputes between the Parties concerning the interpretation or application of this Chapter, subject to the following modifications.

    For the purposes of this Chapter:

    - The term "Party to the dispute" specified in Chapter XX [DISPUTE RESOLUTION] will mean "Party to this Chapter".

    - The request for consultations referred to in paragraph 2 of Article 5 [Consultations] of Chapter XX [DISPUTE RESOLUTION] must be submitted in writing to the Respondent Party through the Contact Centers designated in accordance with Article I.7. (Contact Center) of this Chapter.

    - The request for the establishment of the Panel of Arbitrators referred to in paragraph 3 of Article 6 [Establishment of the Panel of Arbitrators] of Chapter XX [DISPUTE RESOLUTION] must be submitted in writing to the Respondent Party through the Contact Centers designated in accordance with Article I.7. (Contact Center) of this Chapter.

    - The suspension of privileges specified in Article 12 of Chapter XX [DISPUTE RESOLUTION] may be applied only to the benefits provided by this Chapter.

ARTICLE X.14The list of obligations

     List of specific obligations under Section II [Trade in services], List of exemptions in accordance with Section III [Establishment, commercial presence and activity], a list of specific obligations in accordance with Section IV [Movement of natural persons] and the list of MFN exemptions must be signed in the form of a Protocol between the Russian Federation and the Socialist Republic of Vietnam on the date of signing the Agreement. Such a Protocol should form an integral part of the Agreement and should impose obligations only on the Russian Federation and the Socialist Republic of Vietnam.

SECTION II. TRADE IN SERVICESSTATES II.1 Scope of application

     1. This Section applies to any measures by the Parties affecting trade in services.

    2. This Section does not apply to the provision of subsidies or other forms of State or municipal support to service providers or their services.

ARTICLE II.1The most favored nation mode

     1. With respect to any measure covered by this Section, each Party shall immediately and unconditionally provide the services and service providers of the other Party with treatment no less favourable than that which it provides to similar services and service providers of any third State.

    2. A Party may retain a measure that does not comply with paragraph 1 of this Article, provided that such measure is indicated in the individual national List of such Party in Annex [ ] to this Agreement.

    3. The provisions of this Section should not be interpreted as preventing a Party from transferring or providing advantages to neighboring countries in order to facilitate trade in services limited to the territories adjacent to the border of services that are supplied and used locally.

    4. No provisions of this Agreement imply the obligations of a Party to provide the services or service providers of the other Party with benefits or advantages that the first Party provides or will provide in the future:

    a. in accordance with the agreements on economic integration of the first Party, or

    b. based on agreements for the avoidance of double taxation or other tax arrangements.

ARTICLE II.3The entrance to the market

     1. With regard to market access through the modes of supply defined in Article XX.1 (Terminology: Trade in services), each Party provides services and service providers of the other Party with treatment no less favorable than that provided in accordance with the conditions, restrictions and provisions agreed upon and provided for in their List in Annex X (Lists of Specific Obligations for Services).1

    2. In sectors where market access commitments are made, measures that a Party does not maintain or establish either within a regional division or across its entire territory, unless otherwise specified in its List in Annex X (Lists of Specific Service Obligations), are defined as:

    a. restrictions on the number of service providers, either in the form of quantitative quotas, monopolies, exclusive service providers, or requirements of the economic feasibility test;

    b. restrictions on the total value of transactions on services or assets, in the form of quantitative quotas or requirements of the economic feasibility test;

     c. limits on the total number of service supply operations or the total volume of service production, expressed as specified quantitative units of measurement in the form of quotas or economic feasibility test requirements.

    --------------------

     1 If a Party undertakes a market access obligation with respect to the supply of a service from the territory of one Party to the territory of the other Party and if the cross-border movement of capital is an essential part of the service itself, such Party undertakes to allow such capital movement.

ARTICLE II.4National regime

     1. In the sectors listed in Annex X ("Lists of Specific Service Obligations"), and in accordance with the conditions and requirements specified therein, each Party shall provide services and service providers of the other Party with treatment no less favourable than that for all measures affecting the supply of services. which it provides to its own similar services and service providers.2

    2. A Party may comply with the requirement of paragraph 1 by providing the services and service providers of the other Party with either formally the same treatment or a regime formally different from that which it provides to its own similar services and service providers.

     3. A formally similar or formally different regime is considered less favorable if it changes the conditions of competition in favor of the services or service providers of a Party in comparison with similar services or service providers of any other Party.

    ------------------------

     2 The specific obligations assumed in accordance with this Article should not be interpreted as requiring any Member to compensate for the loss of competitive advantages resulting from the foreign origin of services or service providers.

ARTICLE II.5payments and transfers

     1. With the exception of the cases specified in Article 1.9 Restrictions related to the protection of the balance of Payments of this Chapter, the Party will not apply restrictions on international transfers and payments for current transactions related to its specific obligations under this Section.

    2. Nothing in this Chapter affects the rights and obligations of the Parties as members of the International Monetary Fund in accordance with the articles of Agreement of the International Monetary Fund, including the use of exchange transactions that do not violate the articles of Agreement of the International Monetary Fund, provided that the Party does not impose restrictions on any capital transactions incompatible with its specific obligations adopted in accordance with this Section concerning such operations, with the exception of Article 1.9 Restrictions, related to the protection of the balance of payments in this Section or at the request of the International Monetary Fund.

ARTICLE II.6recognition

     The provisions of Article VII of the WTO General Agreement on Trade in Services shall apply mutatis mutandis between the Parties.

SECTION III. INSTITUTION, COMMERCIAL PRESENCE AND ACTIVITY OF ARTICLE III.1 Scope of application

     1. This Section applies to any measures by the Parties affecting the institution, commercial presence and activities.

    2. The provisions of this Section shall apply to a commercial presence established by a person of one Party in the territory of the other Party on or after the date of entry into force of this Agreement.

    3. This Section does not apply to the provision of subsidies or other forms of state or municipal support to individuals and their commercial presence in connection with the institution and/or activities.

ARTICLE III.2National regime

     1. With respect to the institution and in accordance with the reservations recorded in its individual national List reflected in Annex [ ] to this Agreement, each Party shall grant on its territory to persons of the other Party treatment no less favorable than that which it grants in similar circumstances to its own persons.

    2. With regard to activities and in accordance with the reservations recorded in its individual national List reflected in Annex [ ] to this Agreement, each Party shall grant a commercial presence established by a person of the other Party in the territory of the first Party treatment no less favorable than that which it grants in similar circumstances to a commercial presence of its own persons., established on its territory.

ARTICLE III.3The most favored nation mode

1. With respect to the institution and in accordance with the reservations recorded in its individual national List reflected in Annex [ ] to this Agreement, each Party shall grant in its territory to persons of the other Party treatment no less favorable than that which it grants in similar circumstances to its own persons.

    2. With regard to activities and in accordance with the reservations recorded in its individual national List reflected in Annex [ ] to this Agreement, each Party shall provide a commercial presence established by a person of the other Party in the territory of the first Party with a regime no less favorable than that which it provides in similar circumstances to a commercial presence of its own persons., established on its territory.

ARTICLE III.3The most favored nation mode

     1. With respect to the institution and in accordance with the reservations recorded in its individual national List reflected in Annex [ ] to this Agreement, each Party shall grant persons of the other Party treatment no less favorable than that which it grants in similar circumstances to persons of any third State.

    2. With respect to activities and in accordance with the reservations recorded in its individual national List reflected in Annex [ ] to this Agreement, each Party shall grant a commercial presence established by a person of the other Party in the territory of the first Party a regime no less favorable than the regime it grants in similar circumstances to the commercial presence of persons of any third Party. states.

    3. For greater reliability, this Article does not apply to the procedures or mechanisms for resolving international disputes provided for in Article XX [ISDS] of this Chapter.

    4. Nothing in this Agreement implies the obligations of a Party to provide benefits or advantages to persons or commercial presence of persons of the other Party that the first Party provides or will provide in the future:

    a. in accordance with the agreements on economic integration of the first Party, or

    b. based on agreements for the avoidance of double taxation or other tax arrangements.

ARTICLE III.4The market launch

     In connection with the establishment and/or activity, none of the Parties retains or applies to persons of the other Party and/or their established commercial presence in the territory of the first Party, respectively, restrictions on:

    i. forms of commercial presence, including the organizational and legal form of the person;

    ii. the total number of established commercial presence units;

    iii. the maximum percentage limit on the size of the share of the other Party's persons in the capital of the first Party's legal entity or the degree of control over such a legal entity;

    iv. transactions/operations carried out by a commercial presence established by a person of the other Party in the course of its activities, in the form of a quota or a requirement for an economic feasibility test;

    with the exception of the restrictions provided for by the individual national List of the first Party, reflected in Annex [X] to this Agreement./

ARTICLE III.5The requirements for the activity

     1. In accordance with the reservations indicated in its individual national List reflected in Annex [ ], none of the Parties will, in connection with the establishment and/or activities, impose or enforce, with respect to the commercial presence of persons of the other Party established in the territory of the first Party, respectively, any requirement:

    but. export a certain amount or share of goods or services;

    b. purchase, use goods produced on its territory, or provide advantages to such goods;

    c. establish in any way the dependence of the volume or value of imports on the volume or value of exports or on the amount of foreign currency receipts in connection with such an institution and/or such activities;

    d. restrict the sale of goods or services on its territory that such a commercial presence produces or supplies by correlating such sales in one way or another with the volume or value of its exports or foreign currency earnings;

    e. transfer certain technology, production process or other proprietary information to persons in the territory of the first Party, or

    f. to supply exclusively from the territory of the first Party goods that are produced or services that are supplied to a specific regional market or to the world market.

    2. Neither Party will condition the receipt or continuation of an advantage in connection with the establishment and/or operation of a commercial presence of persons of the other Party established in the territory of the first Party, subject to any of the following requirements:

    a. purchase, use goods produced in the territory of the first Party, or provide advantages to such goods;

    b. establish in any way the dependence of the volume or value of imports on the volume or value of exports, or on the amount of foreign currency receipts in connection with such an institution and/or activity;

    c. restrict the sale of goods or services on its territory that such a commercial presence produces or supplies by correlating such sales in one way or another with the volume or value of its exports or foreign currency earnings.

    3. Nothing in paragraph 2 shall be interpreted as preventing a Party from obtaining or continuing to receive benefits in connection with the establishment and/or activities of persons of the other Party and/or the commercial presence of such persons established in the territory of the first Party, compliance with the requirements of localization of production, provision of services, training or hiring of employees, construction or expansion of anyeither production facilities or research and development activities on the territory of the first Party.

    4. For greater certainty, nothing in paragraph 1 should be interpreted as preventing a Party from applying or enforcing any requirements in connection with the commercial presence of persons of the other Party for the recruitment or training of workers on its territory, provided that such recruitment or training does not require the transfer of certain technology, production process or know-how to a person on its territory. this territory.

    5. Paragraph 1 (e) does not apply:

    a. When a Party authorizes the use of an intellectual property right in accordance with Article 31 of the TRIPS Agreement, or to measures requiring disclosure of proprietary information that fall within or comply with Article 39 of the TRIPS Agreement, or

    b. When a requirement is applied or enforced by a judicial or other appropriate authority in accordance with the competition law of the Party that applies or enforces such a requirement.

    5. Paragraphs 1 (a), 1 (b) and 2 (a) do not apply to the qualification requirements for goods and services in relation to continued exports and assistance programs to foreign countries.

    6. This article does not affect the rules of origin applied by the Parties and which are the subject of Chapter X "Rules of Origin".

ARTICLE III. 6The senior management, the Board of Directors

     In connection with the establishment and/or activity and in accordance with the restrictions provided for by the individual national List of the first Party in Annex [X] to this Agreement, as well as in accordance with the conditions and restrictions set out in the Section "Movement of natural persons", neither Party will require that the legal entity of such Party appointed individuals of a certain nationality to senior management positions.

Section IVTHE TRANSFER OF INDIVIDUALS ARTICLES IV.1Subject

     1. This Chapter applies to measures affecting the temporary entry and stay of individuals of one Party in the territory of the other Party in respect of categories of such individuals listed on the List of Individuals of such other Party. These categories of individuals may include:

    i. business visitors intra-company transfer

    ii. installers or maintenance personnel,

    iii. investors,

    iv. contractors.

    This Section does not apply to the provision of subsidies or other forms of State or municipal support to service providers or their services covered by this Section.

    2. This Chapter does not apply to measures affecting individuals of a Party who seek access to the employment market of the other Party, as well as to measures relating to citizenship, nationality, permanent residence or permanent employment.

    3. For greater reliability, nothing in this Agreement should be interpreted as a Party's obligation in connection with any requirements or procedures for issuing visas to individuals of the other Party.

    4. For the purposes of this Chapter, "temporary entry or stay" means the entry or stay of an individual of one Party in the territory of the other Party without the intention of permanent residence.

    5. With the exception of what is provided for in its List, none of the Parties has the right to impose or maintain in force any quantitative restrictions or requirements of the economic feasibility test with respect to the temporary entry or stay of individuals referred to in paragraph 1 of this Article.

ARTICLE IV. 2recognition

     Article VII of the General Agreement on Trade in Services applies mutatis mutandis between the Parties/

SECTION V. INVESTMENTS OF ARTICLE V.1DETERMINATIONS

     For the purposes of this Section, the following terms mean:

For the purposes of this Section, the following terms mean:

    1. "capital investment" means any type of property assets invested by an investor of one Party in the territory of the other Party in accordance with the legislation of the latter Party, which have the qualifications for investment, including such features as investment obligations with respect to capital and other resources), expected profit and risk assumption, including, but not limited to:

    a. movable and immovable property, as well as any property rights, such as the right to pledge mortgage rights;

    b. shares, deposits and any other forms of participation in the capital of a legal entity;

    c. bonds and other debt obligations;

    d. rights of claim for monetary funds or for contracts having economic value3 related to capital investments;

    e. Intellectual property rights;

    f. goodwill;

    g. business rights with economic value granted on the basis of a law or contract, including, in particular, rights to construction, production, income distribution agreements and concession agreements related, in particular, to the exploration, development, extraction and exploitation of natural resources.

    No change in the form of invested or reinvested property assets affects the qualification as an investment. Such a change is carried out in accordance with the legislation of the Party in whose territory the investments were made.

    2. "investor of a Party" means any natural or legal person of such a Party, in accordance with its legislation, who has made investments in the territory of the other Party.

    3. "income" means funds received from investments, including, in particular, profits, dividends, interest, capital gains, royalties and other remuneration.

     4. "Freely convertible currency" is a freely convertible currency as defined by the International Monetary Fund in accordance with the Articles of the International Monetary Fund Agreements and any amendments thereto.

    ----------------

     3 For the avoidance of doubt, the term "investments" does not mean monetary claims arising solely by virtue of:

    a. commercial contracts for the purchase and sale of goods or services, or

    b. providing credit in connection with such commercial contracts.

ARTICLE V.2 Scope of application

     1. The provisions of this Section apply to all investments made by investors of one of the Parties in the territory of the other Party after June 19, 1981 and existing on the date of entry into force of this Agreement, but do not apply to any action or fact that took place, or any situation or dispute that arose or ceased before the entry into force of this Agreement..

    2. Investments by investors of one Party made in the territory of the other Party in the form of an establishment and commercial presence, as defined and regulated by Section III "Establishment" of this Chapter, do not fall within the scope of Article [3] "Encouragement and admission of investments", Article [4] "Fair and equitable treatment and Full protection and security", Articles [5] "National treatment" and Articles [6] "Most-favored-nation treatment" of this Section.

    3. This Section does not apply to the provision of subsidies or other forms of state or municipal support to investors and their investments, with the exception of subsidies and other forms of state or municipal support to investors and their investments provided for in Article [] ["Compensation for damage"].

ARTICLE V.3compliance and admission of investments

     Each Party encourages and creates favorable conditions for investors of the other Party to make investments in its territory, and allows investments by investors of the other Party in accordance with its legislation.

ARTICLE V.4 Just and equitable treatment and full protection and security

     1. Each Party provides the investments of the other Party's investors with fair and equitable treatment, as well as full protection and security.

    2. A "fair and equitable regime" requires, in particular, that each Party not deny justice in any judicial or administrative proceedings.

    3. "Full protection and security" requires each Party to take such measures as may be reasonably necessary to ensure the protection and security of the other Party's investor's investments.

    4. With respect to investments by an investor of the other Party in the territory of the first Party, the concepts of "fair and equitable treatment" and "full protection and security" do not require a more favorable treatment than that provided to its own investors and/or investors of any third State in accordance with the legislation of each Party.

    5. The discovery of a violation of another provision of this Agreement or a separate international agreement does not imply a violation of this Article.

ARTICLE V.5NATIONAL regime

     1. Each Party shall provide investors of the other Party and investments of investors of the other Party with a regime no less favorable than that which it provides in similar circumstances to its own investors and their investments in its territory.

    2. Each Party reserves the right, in accordance with its legislation, to apply and introduce exemptions from the national regime specified in paragraph 1 of this Article in relation to foreign investors and their investments, including repeat investments.

ARTICLE V.6 Most-favored-nation mode

     1. Each Party shall provide investors of the other Party and investments of investors of the other Party with a regime no less favorable than the regime it provides in similar circumstances to investors of any State that is not a party to this Agreement and their investments in its territory.

    2. For purposes of greater certainty, this Article does not apply to the procedures or mechanisms for the settlement of international disputes provided for in Article XX [ISDS] of this Chapter.

    3. Nothing in this Section should be interpreted as an obligation of a Party to provide the other Party's investors or their investments with benefits or advantages that the first Party provides or will provide in the future.:

    a. in accordance with the agreements on economic integration of the first Party, or

    b. on the basis of agreements for the avoidance of double taxation or other arrangements relating to all or most of taxation.

ARTICLE V.7 Compensation for damage

     1. Each Party shall grant to the investors of the other Party and to the investments of the investors of the other Party, in respect of measures that it establishes or maintains relating to damage caused to the investments of such investors in its territory in connection with military operations or other armed conflicts, rebellions, uprisings, revolutions, riots, civil unrest or riots, a regime no less favorable, what does it provide in similar circumstances:

    but. to its own investors and their investments, or

    b. investors from any third country and their investments.

ARTICLE V.8 Expropriation and compensation

     1. Neither Party shall subject the investments of an investor of the other Party to nationalization, expropriation or other measures equivalent in terms of the consequences of nationalization or expropriation (hereinafter referred to as "expropriation"), except in cases where expropriation is carried out:

    i. in the public interest;

    ii. in accordance with the procedure established in accordance with the legislation of the first Party;

    iii. on a non-discriminatory basis, and

    iv. with the payment of prompt, adequate and effective compensation in accordance with paragraph 3 of this Article.

    2. Determining whether such a measure or a series of such measures by any Party results in consequences equivalent to nationalization or expropriation requires examining each individual case on the basis of facts, including, but not limited to:

    a. the economic impact of a measure or series of measures, although the mere fact that a measure or series of measures by any Party adversely affects the economic value of an investment does not establish that expropriation has taken place;

    b. the nature of the measure or series of measures of any Party.

    3. Compensation provided for in paragraph 1 (iv) of this Article:

    a. It is paid without undue delay;

    b. It must be equivalent to the fair market value of the expropriated investments calculated on the date when the actual or impending expropriation was publicly announced, whichever comes first.;

    c. it is paid in freely convertible currency or, with the consent of the investor, in the currency of the Party that carried out the expropriation, and is freely transferred in accordance with the provisions of Article X "Transfer of payments" of Section V "Investments".

    From the date of expropriation to the date of payment of compensation, interest will be accrued on the amount of compensation at a commercial rate determined on a market basis.

    4. This Article does not apply to the issuance of compulsory licenses issued in connection with intellectual property rights in accordance with the TRIPS Agreement.

    5. Notwithstanding the provisions of paragraphs 1 and 5 of this Article, expropriation of land on the territory of one of the Parties is carried out in accordance with the legislation of such Party for the purposes established in accordance with the above legislation and with the payment of compensation, which is assessed with due regard to market value and paid without undue delay in accordance with the legislation of such Party.

ARTICLE X.9SUBROGATION

1. If a Party or an agency authorized by it has made a payment to an investor of such Party on the basis of a guarantee, insurance contract or other form of guaranteed compensation for losses related to non-commercial risks that it provided in connection with investments, the other Party recognizes the subrogation or transfer of any right or claim of the investor in connection with such investments to the first Party or its designated the agency. The subrogated or transferred right or claim must not exceed the investor's original right or claim. In order to avoid discrepancies, such a right or requirement should be exercised in accordance with the legislation of the second Party, but without prejudice to the articles "National treatment", "Most-favored-nation treatment", "Market access", "Senior management, Board of Directors" and "Business requirements" of Section 3 "Institution".

    2. If a Party or an agency authorized by it has made a payment to an investor of such Party and obtained the rights and claims of the investor, such investor should not use these rights and claims against the other Party.

ARTICLE IV.10transfer of payments

     1. With the exception of the cases provided for in Article 1.9 "Restrictions for the protection of the balance of payments" of this Chapter, each Party guarantees investors of the other Party, provided they fulfill all tax and other obligations in accordance with the legislation of the first Party, the free transfer abroad of payments related to their investments, in particular:

    a. income,

    b. funds for repayment of loans and credits recognized by each Party as investments, as well as accumulated interest,

    c. proceeds from the sale or total or partial liquidation of investments,

    d. compensation provided for in the Articles "Expropriation" and "Compensation for damage" of this Chapter,

    e. wages and other remuneration received by the investor and individuals of the other Party who have received a work permit in connection with investments in the territory of the first Party.

    2. The transfer of payments is carried out without undue delay in freely convertible currency at the exchange rate valid on the date of transfer, in accordance with the provisions of the currency legislation of the Party in whose territory the investments were made.

ARTICLE X.11 Resolution of disputes between a Party and an investor of the other Party

     1. Disputes between a Party and an investor of the other Party arising in connection with the alleged violation of the obligations of the first Party under this Chapter in connection with an investment made by the investor in the territory of the first Party, if possible, are resolved amicably through negotiations. Such negotiations may include the use of non-binding procedures involving a third party, such as good offices, conciliation and mediation.

    2. The written request for negotiations referred to in paragraph 1 submitted by the investor must include:

    a. name and address of the investor who is a party to the dispute,

    b. For each claim, there are specific provisions in accordance with this Chapter that were allegedly violated.,

    c. legal and factual substantiation of each requirement,

    d. claims and the approximate amount of the claimed damage.

    3. If the dispute cannot be resolved amicably through negotiations within six months from the date on which the Party to the dispute receives a written request from the investor of the other Party, such dispute shall be referred, at the investor's option, to the:

    a. the competent court of the Party in whose territory the investments were made, or

    b. to an ad hoc arbitral tribunal in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL), or

    c. to the International Center for Settlement of Investment Disputes established in accordance with the Convention on Settlement of Investment Disputes between States and Nationals of Other States, opened for signature in Washington on March 18, 1965 (ICSID Convention), provided that the disputing Party and the Party whose investor participates in the dispute are parties to the ICSID Convention, or

    d. to arbitration in accordance with the ICSID Supplementary Procedure, provided that either the disputing Party or the Party whose investor participates in the dispute is a party to the ICSID Convention, or

    e. with the consent of the parties to the dispute, to any other arbitration institution or in accordance with any other arbitration rules.

    4. The choice of the institution referred to in paragraph 3 of this Article is final.

    5. Any decision of the arbitration is final and binding on both parties to the dispute. Each Party undertakes to enforce the said decision in accordance with its legislation.

    6. No claims may be submitted to arbitration in accordance with this Section if more than three years have passed since the date when the plaintiff first learned or reasonably should have learned about the alleged violation in accordance with paragraph 1 of this Article.

    7. An individual who was a citizen of a Party at the date of the investment has no right to file a claim against such a Party in accordance with this Article.

CHAPTER 8 bis STATE-OWNED ENTERPRISES, STATE-CONTROLLED ENTERPRISES AND ENTERPRISES WITH SPECIAL OR EXCLUSIVE PRIVILEGES AND SCOPE OF application

     This Chapter applies only between the Russian Federation and the Socialist Republic of Vietnam.

ARTICLE II State-owned, State-controlled enterprises and enterprises with special or exclusive privileges

     Each Party must ensure that the activities of its State-owned, State-controlled enterprises and enterprises with special or exclusive privileges comply with the obligations of such a Party under the WTO contained in the Protocol on its Accession to the WTO.

CHAPTER 9 INTELLECTUAL PROPERTY

Article 9.1 Objectives

     The Parties reaffirm their commitment to reducing barriers to trade and investment by promoting deeper economic integration through the creation of intellectual property and effective and adequate use, protection and protection of intellectual property rights, taking into account the differences in their respective legislation and levels of economic development and opportunities, as well as the need to maintain an appropriate balance between the rights of intellectual property owners. and the legitimate interests of users in relation to the objects, protected by intellectual property rights.

Article 9.2 Definitions

     For the purposes of this Chapter:

    a) "intellectual property" means objects of copyright and related rights, trademarks, geographical indications (including names of places of origin), inventions (including useful solutions), utility models, industrial designs, integrated circuit topologies, plant varieties and undisclosed information;

    (b) "Geographical indication" means an indication that identifies a product as originating in the territory of a Party, or a region or locality in that territory, if the quality, reputation or other characteristics of the product are directly determined by its geographical origin, as defined in Article 22 of the TRIPS Agreement;

    (c) "Appellation of origin" means a geographical designation representing or containing a modern or historical, official or unofficial, full or abbreviated name of a country, region or locality or other geographical area that has become known as a result of its use in the country of origin in relation to goods whose quality and properties are solely or primarily determined by geographical environment, including natural and human factors;

    (d) "Goods with an improperly used trademark" means goods, including their packaging, marked without authorization with a trademark that is identical to a trademark lawfully registered for such goods, or which cannot be distinguished from a similar trademark by essential features and which therefore violates the rights of the trademark owner in accordance with the relevant legislation of the importing country. countries. The definition of goods with an improperly used trademark, given above, applies mutatis mutandis to goods with an improperly used geographical indication or appellation of origin.;

    e) "goods produced in violation of copyright" means goods that are copies created without the consent of the copyright holder or a person duly authorized by the copyright holder in the country of manufacture, and which are directly or indirectly produced from such an item, if the creation of the said copy was a violation of copyright or related rights under the relevant legislation the importing country.

Article 9.3 International agreements

     The Parties that are parties to the TRIPS Agreement confirm their obligations specified in it. The Parties that are not parties to the TRIPS Agreement will be based on the principles of the TRIPS Agreement. The Parties confirm their obligations established in international intellectual property agreements to which they are parties, such as:

    a) The Paris Convention for the Protection of Industrial Property of March 20, 1883 (hereinafter referred to as the "Paris Convention");

    (b) The Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886;

    c) International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of October 26, 1961 (Rome Convention);

(d) Convention on the Protection of the Interests of Producers of Phonograms against the Unlawful Reproduction of Their Phonograms of October 29, 1971;

    e) The Madrid Agreement on the International Registration of Marks of April 14, 1891 and the Protocol to the Madrid Agreement on the International Registration of Marks of June 27, 1989; and

    (f) The Patent Cooperation Agreement of June 19, 1970.

    2. Parties that are not parties to the international agreements listed below are taking measures to join them.:

    a) The WIPO Performances and Phonograms Treaty of December 20, 1996;

    (b) The WIPO Copyright Treaty of December 20, 1996;

    c) The Act of the International Convention for the Protection of New Plant Varieties dated March 19, 1991; and

    (d) The Singapore Trademark Law Treaty of March 27, 2006.

    3. The Parties will strive to apply the provisions of the following international agreements:

    a) Strasbourg Agreement on the International Patent Classification of March 24, 1971;

    (b) The Nice Agreement on the International Classification of Goods and Services for the Registration of Marks of 15 June 1957; and

    c) The Locarno Agreement on the International Classification of Industrial Designs of October 8, 1968.

Article 9.4 National treatment

     Each Party provides citizens of the other Party with a regime no less favorable than that provided by it to its own citizens with respect to the protection of intellectual property, as provided for in Articles 3 and 5 of the TRIPS Agreement.

Article 9.5 Most-favored-nation treatment

     Each Party shall provide citizens of the other Party with treatment no less favourable than that provided by it to citizens of any other State with respect to the protection of intellectual property, as provided for in Articles 4 and 5 of the TRIPS Agreement.

Article 9.6 Copyright and related rights

     1. Without prejudice to the obligations set out in international agreements to which the Parties are parties, each Party, in accordance with relevant legislation, guarantees and ensures effective protection of the interests of authors, performers, producers of phonograms and broadcasting organizations in respect of their works, performances, phonograms and broadcasts, respectively.

    2. Each Party strives to ensure that its relevant legislation guarantees effective protection and ensures the protection of copyright and related rights in the digital environment.

Article 9.7 Trademarks

     Each Party shall ensure adequate and effective trademark protection in respect of goods and services in accordance with its relevant legislation, international agreements to which it is a party, and the TRIPS Agreement, in particular articles 15 to 21.

Article 9.8 Geographical indications/ Names of places of origin of goods

     1. Each Party shall ensure in its territory adequate and effective legal protection of geographical indications and/or appellations of origin in accordance with its relevant legislation, international agreements to which it is a party, and the TRIPS Agreement, in particular Articles 22 to 24.

    2. The provisions on appellations of origin in this Chapter apply to a designation that identifies a product as originating in a specific geographical area and, although it does not contain a name for that area, has become known as a result of the use of that designation in relation to goods whose quality and properties meet the requirements set out in subparagraph (c). Article 9.2 of this Agreement.

    3. The Parties recognize that any Party may grant protection to geographical indications through a sui generis system for the protection of appellations of origin in accordance with its relevant legislation. A Party that provides such a security system should not be required to provide a separate security system for geographical indications. The Parties shall provide in their respective legislation other legal means for the protection of geographical indications other than the names of the places of origin of goods, such as collective marks and/or certification marks. The definition of the appellation of origin contained in subparagraph (c) Articles 9.2 of this Agreement and paragraph 2 of this Article apply only to the Party that provides a sui generis system for the protection of appellations of origin at the time of entry into force of this Agreement.

    4. With regard to geographical indications and names of places of origin of goods, the Parties shall provide for legal measures allowing interested parties of the other Party to prevent:

    a) the use of any means in the designation or presentation of goods that indicate or suggest that the goods originate from a geographical area other than the present place of origin, in a way that may mislead consumers about the place of origin of the goods;

    (b) Any use that constitutes an act of unfair competition within the meaning of Article 10bis of the Paris Convention.

    5. Nothing in this Chapter shall oblige a Party to apply its provisions concerning geographical indications and/or appellations of origin of goods of the other Party in respect of goods or services for which the relevant designation is identical to the term commonly used as the common name of such goods or services in the territory of that Party.

    6. In order to protect the interests of their producers, the Parties exchange lists of geographical indications and/or names of places of origin of goods registered by them in relation to goods produced in their territories. The Parties may also agree to exchange lists of geographical indications protected by other legal means. The relevant procedures for such an exchange will be determined by the competent authorities of the Parties in the ways provided for in Article 9.17 of this Agreement. The Parties may agree to enter into negotiations on the mutual protection of geographical indications and/or appellations of origin, taking into account relevant legislation and policies, the availability of resources and the interests of each Party.

    7. Each Party ex officio, if its legislation allows it, or at the request of an interested person of the other Party, refuses registration or cancels registration of a trademark that includes or represents a geographical indication and/or an appellation of origin related to goods not originating from the designated territory, if the use of such a designation as part of a trademark in relation to such goods in this Party is capable of misleading the public about the actual place of origin.

Article 9.9 Inventions and utility models

     1. Each Party ensures adequate and effective protection of inventions in accordance with its relevant legislation, international agreements to which it is a party, and the TRIPS Agreement, in particular Articles 27 to 34.

    2. Utility models are protected in accordance with the relevant legislation of the Parties and the Paris Convention.

Article 9.10 Industrial Designs

     Each Party shall ensure adequate and effective protection of industrial designs in accordance with its relevant legislation, international agreements to which it is a party, and the TRIPS Agreement, in particular Articles 25 and 26.

Article 9.11 Topology of integrated circuits

     Each Party provides adequate and effective protection for integrated circuit topologies in accordance with its relevant legislation, international agreements to which it is a party, and the TRIPS Agreement, in particular Articles 35 to 38.

Article 9.12 New plant varieties

     Each Party recognizes the importance of providing a system for the protection of new plant varieties in its relevant legislation and takes measures to ensure the protection of all genera and species of plants in accordance with the Act of the International Convention for the Protection of New Plant Varieties of March 19, 1991 and the TRIPS Agreement.

Article 9.13 Undisclosed information

     Each Party shall ensure, in its relevant legislation, adequate and effective protection of undisclosed information in accordance with its relevant legislation and the TRIPS Agreement, in particular Article 39.

Article 9.14 Protection against unfair competition

     Each Party provides effective protection against unfair competition in accordance with its relevant legislation and Article 10bis of the Paris Convention.

Article 9.15 Protection of intellectual property rights

     The Parties shall, in accordance with their respective legislation, provide for measures to protect intellectual property rights at the same level as provided for in the TRIPS Agreement, in particular in Articles 41 to 50.

Article 9.16 Customs measures

     1. Each Party shall ensure the effective application of customs measures in accordance with Articles 51 to 57, 59 and 60 of the TRIPS Agreement, as well as additional measures, procedures and remedies that are covered by its legislation on customs procedures, allowing to effectively counteract goods with an illegally used trademark, goods with an illegally used geographical indication and appellation of origin. goods produced in violation of copyright.

2. Each Party, unless otherwise provided by this Agreement, shall establish procedures allowing the copyright holder, who has reasonable suspicions that goods with an improperly used trademark, goods with an improperly used geographical indication and appellation of origin, goods produced in violation of copyright, to submit an application to the customs authorities with the requirement to apply measures to protect intellectual property rights, provided, that the import or export of these goods violates intellectual property rights in accordance with the laws of the country where the goods are located.

    3. Without prejudice to the protection of confidential information, the Customs authorities should be authorized to provide the copyright holder with sufficient opportunity to inspect any goods detained by the Customs authorities in order to substantiate the claims of the copyright holder. The Customs authorities should also be authorized to provide an equal opportunity for the importer to inspect any such goods. The Customs authorities must provide the right holder with information about the names and addresses of the shipper, importer and recipient, as well as the quantity of the relevant goods. The Customs authorities must provide at least the owner of the detained goods with information about the name and address of the copyright holder.

    4. It is recommended that the Parties exclude from the scope of application of the above provisions small cargo of a non-commercial nature contained in passengers' personal baggage.

Article 9.17 Competent authorities, contact points and information exchange

     1. After the entry into force of this Agreement, the Parties shall notify each other of the competent authorities responsible for carrying out the procedures provided for in this Chapter and the contact points designated by each Party in order to ensure interaction between the Parties on any issues related to this Chapter.

    2. The Parties shall immediately notify each other of any changes to the contact points or any significant changes in the structure or powers of their authorized bodies.

    3. The Parties, through their contact points, promptly send each other written notifications on any significant issue or any changes in the legal system of intellectual property, and, if necessary, request consultations to resolve any problems related to this issue.

    4. In order to strengthen cooperation relationships, the Parties agree to cooperate in writing and/or immediately hold expert meetings at the request of either Party, taking into account the financial capabilities of the Parties, on issues related to international agreements referred to in this Chapter or future international agreements in the field of intellectual property, membership in international organizations, such as both the World Trade Organization and the World Intellectual Property Organization, as well as the Parties' relations with third countries on intellectual property issues and other issues related to the implementation of this Chapter.

Chapter 10 GOVERNMENT PROCUREMENT

Article 10.1 Cooperation

     1. The Parties recognize the importance of cooperation in the field of public procurement in accordance with relevant legislation and taking into account available resources.

    2. The parties cooperate in order to increase transparency, promote fair competition and apply electronic technologies in the field of public procurement.

    3. The Parties shall inform each other as soon as possible of any significant changes in the relevant legislation and/or public procurement procedures.

    4. Cooperation includes the exchange, where appropriate, of non-confidential information, consultations provided for in Article 10.3 of this Agreement, as well as technical assistance.

    5. The parties seek to cooperate in the following areas::

    (a) Facilitating the participation of suppliers in public procurement, especially for small and medium-sized enterprises;

    b) exchange of experience and information, for example, on legal regulation, best practices and statistical data;

    (c) Development and expansion of the use of electronic tools in public procurement systems;

    (d) Professional development of civil servants in the application of best practices in public procurement;

    (e) Strengthening institutional structures to implement the provisions of this Chapter; and

    (f) Increased multilingual access to procurement processes.

    6. The parties are developing further cooperation based on the exchange of experience in the field of public procurement, including in terms of electronic procurement forms.

Article 10.2 Information on the procurement system

     1. In order to ensure transparency, the Parties shall provide public access to relevant legislation related to public procurement.

    2. The Parties exchange lists of information resources in which the Parties publish information on public procurement.

    3. The Parties shall strive to create and maintain electronic ways of publishing their relevant legislation on public procurement, taking into account available resources.

    4. Each Party may expand the content of information on public procurement and the scope of services provided in electronic form.

Article 10.3 Consultations

     1. In case of disagreement regarding the application of the provisions of this Chapter, the Parties shall make every effort to reach a mutually acceptable solution through consultations.

    2. Each Party shall consider favourably and provide an adequate opportunity for consultations on the application of this Chapter.

    3. A request for consultations is sent to the contact person of the Party designated in accordance with Article 10.5 of this Chapter. Unless the Parties agree otherwise, they will consult within 60 days from the date of receipt of the request.

    4. Consultations may take the form of a face-to-face meeting or via e-mail, teleconference, videoconference, or other means agreed upon by the Parties.

Article 10.4 Non-application of Chapter 14 (Dispute resolution)

     Any issue arising in connection with the application of this Chapter is not subject to the dispute resolution mechanism provided for in Chapter 14 (Dispute Resolution) of this Agreement.

Article 10.5 Contact points

     1. Each Party shall establish a contact point for the purpose of monitoring the application of the provisions of this Chapter. The contact points work in a spirit of cooperation in order to facilitate the application of the provisions of this Chapter.

    2. The parties provide each other with the names and contact details of their contact points.

    3. The Parties shall immediately notify each other of any changes to their contact points.

Article 10.6 Further negotiations

     If necessary, the parties can start negotiations on the liberalization of public procurement markets and market access issues.

CHAPTER 11COMPETITION

Article 11.1 Basic principles

     1. The Parties recognize the importance of free and undistorted competition in their trade relations and take into account the differences in their capabilities in the field of competition policy.

    2. Each Party, in accordance with its legislation, shall take measures that that Party considers justified by prohibiting anti-competitive behavior in order to promote the effective functioning of their respective market and consumer welfare.

    3. The measures that each Party takes and supports in order to prohibit anti-competitive behavior must comply with the principles of transparency, non-discrimination and fairness.

Article 11.2 Anticompetitive behavior

     1. The Parties shall take all necessary measures in accordance with their legislation in order to prevent and suppress anticompetitive behavior that affects trade relations between the Parties. Special attention should be paid to the following types of anti-competitive behavior that are incompatible with the normal operation of this Agreement:

    a) all agreements between business entities, decisions taken by associations of business entities and coordinated actions between business entities, the purpose or result of which is to prevent, restrict or distort competition;

    b) abuse of a dominant position committed by one business entity or a large number of business entities;

    c) unfair competition.

    2. Issues related to State monopolies and State-owned enterprises endowed with special and exclusive rights are not the subject of this Chapter.

Article 11.3 Cooperation

     1. The Parties recognize the importance of cooperation in the application of competition law and competition policy. Cooperation is carried out in accordance with the relevant legislation of the Parties and based on the availability of necessary resources. Cooperation includes the exchange of non-confidential information, consultations, cooperation in the implementation of law enforcement activities provided for in paragraph 2 of this Article, and technical cooperation, including:

    a) exchange of experience in the field of promotion and application of competition law and policy;

    b) conducting joint seminars in the field of competition law and enforcement of the Parties;

    c) any other forms of cooperation agreed by the Parties.

    2. Cooperation in law enforcement activities is carried out as follows:

a) If one of the Parties considers that its interests are affected in the territory of the other Party within the meaning of Article 11.2 of this Agreement, it may request the other Party to initiate appropriate law enforcement actions. Such a request should be made, as far as possible, at an early stage of the anti-competitive behavior specified in Article 11.2 of this Agreement and should be sufficiently detailed.;

    (b) The Party to which the request is addressed shall carefully consider the possibility of initiating enforcement actions or expanding ongoing enforcement actions in accordance with the requirements of its legislation and shall inform the requesting Party of the results of such review as soon as practicable.;

    (c) When initiating or expanding enforcement actions, the Party to whom the request is addressed informs the requesting Party of the results of the actions and, if possible, significant interim actions.;

    (d) Nothing in this Chapter restricts the freedom of action of the Party to whom the request is addressed to decide whether to take enforcement action against the anti-competitive conduct specified in the request, nor does it prevent the requesting Party from withdrawing its request.

Article 11.4 Consultations

     1. In order to strengthen mutual understanding between the Parties, or to resolve certain issues that arise in accordance with this Chapter, each Party, at the request of the other Party, enters into consultations. Such consultations do not limit the right of each Party to ensure the application of its relevant legislation. In the request for consultations, the Party requesting consultations indicates how the subject of the consultations affects trade between the Parties. The Party receiving such a request shall immediately organize consultations in order to achieve mutually satisfactory results in accordance with the provisions of this Chapter.

    2. During consultations conducted in accordance with this Article, the Party to which the request is addressed shall ensure the fullest and most comprehensive consideration of the relevant aspects of the matter being the subject of consultations within a reasonable time. Both Sides strive to reach a consensus on the issue through constructive dialogue.

    3. If a Party considers that its interests continue to be affected after the consultations provided for in this Article, it may request consultations in the Joint Committee.

Article 11.5 Use of information

     1. When one Party provides information to the other Party for the purpose of implementing this Chapter, such information is used by the other Party only for this purpose, and should not be disclosed or shared with other organizations and/or individuals without the consent of the Party providing the information.

    2. Regardless of the provisions of this Chapter, neither Party is obligated to provide the other Party with information if the provision of such information is prohibited by their respective legislation.

Article 11.6 Non-application of Chapter 14 (Dispute resolution)

     Any issue arising under this Chapter will not be considered under the dispute settlement mechanism provided for in Chapter 14 (Dispute Resolution) of this Agreement.

Article 11.7 Contact points

     1. Each Party determines a contact point for monitoring the implementation of this Chapter. The contact points work together to facilitate the implementation of the provisions of this Chapter.

    2. The parties provide each other with information about the name of the authorized organization, which is the contact point, as well as the contact information of the relevant officials in this organization, including telephone, fax, e-mail and other relevant details.

    3. The Parties shall immediately notify each other of any change in their contact point or relevant contact information.

CHAPTER 12 SUSTAINABLE DEVELOPMENT

Article 12.1 Objectives

     1. The Parties to the Agreement have agreed to apply the provisions of this Chapter in compliance with the principles of occupational safety and environmental protection, as well as the rational use of their natural resources. In this regard, the Parties:

    (a) Strengthen cooperation in the field of environmental protection and labour standards;

    (b) Promote the application of the principles of sustainable development.

    2. The Parties recognize that economic development, social development and environmental protection are interrelated and mutually reinforcing components of sustainable development.

    3. The Parties confirm their desire to develop their trade relations in such a way as to contribute to the goals of sustainable development as much as possible.

Article 12.2 Scope of application

     This Chapter applies to measures taken or maintained by the Parties that affect trade-related aspects of environmental and occupational safety issues.

Article 12.3 General principles

     1. The Parties recognize the importance and necessity of expanding opportunities to address environmental and occupational safety issues, taking into account the levels of development of the Parties.

    2. The Parties recognize the need to strengthen cooperation in order to address environmental and occupational safety issues of bilateral, regional and global importance.

    3. The Parties recognize the sovereign right of each Party to establish its own national level of environmental protection and labor protection, to determine its policies and priorities in the field of environmental protection and labor protection, as well as to adopt or modify its legislation in the field of environmental protection and labor protection accordingly.

    4. The Parties may recognize the importance of using scientific, technical or other information, as well as relevant generally recognized international standards, in the process of preparing and implementing environmental and occupational safety measures affecting trade between the Parties.

    5. The provisions of this Chapter should not violate the obligations set out in other Chapters of this Agreement, including the Chapter "Trade in Services. Investment. Movement of individuals".

Article 12.4 Compliance with protection levels

     1. The Parties recognize the importance of developing mutually beneficial policies and practices in the fields of trade, ecology and labor, as well as efforts aimed at improving environmental protection and labor standards, as well as developing trade between the Parties.

    2. The Parties strive to ensure that their environmental and occupational safety legislation, policies and actions are not used as trade protectionism.

    3. Neither Party seeks to promote or benefit from trade or investment as a result of continuous or repeated actions or omissions that lead to a decrease in the level or refusal to apply or enforce environmental and labor protection legislation, policies, or practices in a way that affects trade between the Parties.

Article 12.5 Cooperation in the field of environmental protection and labor protection

     1. The Parties recognize the importance of expanding opportunities in the field of environmental protection and working conditions, as well as promoting sustainable development in trade and investment relations in accordance with their respective legislation.

    2. The Parties strive to expand cooperation at the bilateral, regional and multilateral levels on environmental protection and labor protection, recognizing that such cooperation will contribute to the achievement of common goals and objectives in the fields of ecology and labor protection, including the development and improvement of environmental protection and labor protection, actions and technologies.

    3. Cooperation in accordance with this Chapter may take the following forms::

    a) Exchange of knowledge and experience;

    b) exchange of experts and researchers;

    (c) Organization of joint seminars;

    (d) Facilitating cooperation between relevant ministries, research institutes and private enterprises;

    (e) The development and implementation of joint research, projects and other relevant work in the field of common interests.

    4. The Parties recognize the special importance of cooperation in the following areas:

    (a) Addressing trade-related environmental issues;

    (b) Development of environmental protection and institutional development policies;

    (c) Training and education on environmental and climate change, as well as environmental protection;

    (d) Exchange of experience and information on the development and application of legislation and policies in the field of employment and occupational safety;

    e) Technical assistance and implementation of joint/cooperative projects aimed at human resource development and social protection in order to achieve a decent level of occupational safety and environmental protection;

    (f) Other mutually agreed matters in accordance with the relevant legislation of the Parties;

    (g) Exchange of information, technologies and experience in the fields of environmental standards and models, training and education;

    (h) Environmental education and training aimed at raising public awareness;

    (i) Technical assistance and joint regional research programmes.

Article 12.6 Consultations in the field of environmental protection and occupational safety

1. Each Party may request advice from the other Party on any issues related to this Chapter by sending a written request to the contact point of the other Party, which is determined in accordance with Article 1.7 of this Agreement. The request must contain detailed and sufficient information for the receiving Party to respond to it. Unless otherwise agreed by the Parties, consultations begin no later than 30 days after the Party receives the request for consultations.

    2. The purpose of the consultations is to find a mutually acceptable solution to the problem. The parties shall make every effort to achieve a mutually acceptable result, including considering the possibility of joint action to resolve the problem. The Parties may, by mutual agreement, consult with such national experts as they deem necessary.

    3. If one of the Parties considers that the problem requires additional discussion, such a Party may submit the issue for discussion to a Joint Committee to agree on an acceptable solution to this problem.

Article 12.7 International standards and agreements on labor protection

     1. The Parties reaffirm their obligations arising from their membership in the International Labour Organization (ILO) and the ILO Declaration on Fundamental Principles and Rights at Work, as amended, adopted by the International Labour Conference at its 86th session in 1998.

    2. The Parties reaffirm their commitment, expressed in the UN Economic and Social Council Ministerial Declaration on Full Employment and Decent Work (2006), to recognizing full and effective employment and decent work as a core element of sustainable development for all countries and as a priority goal of international cooperation, as well as commitments to promote international trade in such in a way that is aimed at full and productive employment and decent working conditions.

Article 12.8 Assessment of the impact on sustainable development

     At meetings of the Joint Committee, the Parties periodically assess progress towards achieving the goals set out in this Chapter and may, if necessary, review relevant international experience in order to identify areas where further actions can contribute to the goals set.

Article 12.9 Non-application of Chapter 14 (Dispute resolution)

     The dispute resolution mechanism described in Chapter 14 (Dispute Resolution) does not apply to any issues arising under this Chapter.

CHAPTER 13 ELECTRONIC TECHNOLOGIES IN TRADE

Article 13.1 Scope and scope

     1. The Parties recognize that electronic commerce can significantly increase trade opportunities and promote economic growth, and emphasize the importance of developing electronic technologies in trade to reduce costs and simplify trade activities, as well as the importance of cooperation between the Parties on electronic commerce issues in accordance with this Chapter.

    2. This Chapter applies to measures implemented by a Party in relation to:

    a) the use of electronic documents in trade between the Parties using an electronic signature and a trusted third party;

    (b) Electronic commerce, as defined in subparagraph (b) of Article 13.2 of this Agreement.

    3. For the purposes of paragraph 2 of this article, such measures include measures implemented by:

    i. by central, regional or local Governments and authorities; and

    ii. non-governmental bodies in the exercise of powers delegated by central, regional or local Governments or authorities.

    4. In fulfilling obligations under this Chapter, each Party shall take such reasonable measures as may be available to it to ensure compliance with obligations by regional and local authorities and Governments, as well as non-governmental organizations in its territory.

Article 13.2 Definitions

     For the purposes of this Chapter:

    a) "digital certificate" means an electronic document issued by an authorized organization containing information confirming that a specific digital signature belongs to a specific person;

    (b) "Electronic commerce" means trade using electronic technology;

    (c) "Electronic document" means a document in which information is presented in electronic form and which can be digitally signed.;

    d) "digital signature" means information in electronic form obtained as a result of cryptographic methods with a public key, which consist in converting information using a personal (private) signature key and verifying it using a public signature key, as well as attached or attached to other information in electronic form (signed information) for confirmation its integrity and authenticity, and the exclusion of the possibility of repudiation of authorship;

    (e) "Electronic technology" means a combination of software and hardware that enables interaction between persons of the Parties using electronic documents;

    (f) "Electronic authentication" means the process of verifying user identification information provided in an electronic form in an information system;

    g) "trusted third party" means an organization that, in accordance with the national legislation of each Party, has the rights to verify digital signatures in electronic documents digitally signed at a certain point in time in relation to the author and/or recipient of the electronic document.

Article 13.3 Electronic authentication

     The Parties strive to carry out work aimed at mutual recognition of digital signatures when exchanging electronic documents through the services of a trusted third party.

Article 13.4 Use of electronic documents

     1. The parties strive to:

    a) not to adopt or enforce national legislation that requires verifying the authenticity of transactions carried out electronically by providing hard copy documents;

    b) ensure that documents related to trade transactions are submitted to the competent authorities of the Parties in the form of digitally signed electronic documents.

    2. The Parties shall strive to ensure that in cases where any document is required for the importation of goods, a participant in a foreign trade transaction can receive such a document confirming that the goods are imported in accordance with the requirements of the importing country, in electronic form.

Article 13.5 Protection of personal data

     The Parties strive to take and maintain measures aimed at protecting the personal data of e-commerce participants.

Article 13.6 Cooperation in the field of electronic commerce technologies

     1. The parties exchange information and experience in the field of laws, regulations and programs in the field of electronic technologies in trade, in particular on the protection of personal data and increasing consumer confidence.

    2. The Parties recognize the need for cooperation at the bilateral, regional and multilateral levels on the creation of a legal framework governing electronic commerce.

Article 13.7 Development of electronic commerce

     Recognizing the global nature of electronic commerce and the importance of facilitating its use and development, the Parties will:

    (a) Strive to develop a legal framework governing relations in the field of electronic commerce using relevant international data collection standards and in accordance with international practices, including, where possible, decisions on electronic commerce adopted within the WTO;

    (b) Encourage the adoption of self-regulatory measures in the private sector, including through codes of conduct, model contracts, recommendations and impact mechanisms that promote e-commerce;

    (c) Promote transparent and effective measures to protect consumers from fraudulent and misleading commercial practices in electronic commerce;

    (d) Encourage interaction between relevant national consumer protection authorities on issues related to cross-border electronic commerce in order to improve consumer welfare.

Article 13.8 Implementation mechanism

     1. The competent authorities of the Parties may conclude agreements on a mechanism for the implementation of any agreements falling within the scope of this Chapter. In particular, the implementation mechanism establishes the principles developed in accordance with Articles 13.3, 13.4 and 13.5.

    2. The Parties, through the relevant competent authorities, shall take all necessary actions to apply the mechanisms for the implementation of agreements within a reasonable period of time, determined by mutual agreement of the Parties.

CHAPTER 14 DISPUTE RESOLUTION

Article 14.1 Objectives

     The purpose of this Chapter is to ensure an effective and open dispute resolution process arising under this Agreement.

Article 14.2 Definitions

     For the purposes of this Chapter:

    a) "Arbitration Group" - the arbitration group established in accordance with Article 14.7 of this Agreement;

    b) "Parties to the dispute" - the Applicant Party and the Respondent Party. The member States of the Eurasian Economic Union and the Eurasian Economic Union may act as Parties to the dispute jointly or separately. In the latter case, if the measure is adopted by a member State of the Eurasian Economic Union, such member State of the Eurasian Economic Union is a party to the dispute, and if the measure is adopted by the Eurasian Economic Union, it is a party to the dispute.

Article 14.3 Coverage

1. Unless otherwise provided in this Agreement, this Chapter is used to resolve disputes between the Parties regarding the interpretation and/or application of this Agreement in cases where a Party believes that the other Party has terminated its obligations under this Agreement.

    2. Disputes on the same issue between the same Parties to the dispute arising under this Agreement and the WTO Agreement may be resolved in any way at the option of the Applicant Party. The method of dispute resolution chosen in this way excludes the use of another one.

    3. For the purposes of this Agreement, the procedural provisions of the relevant articles of the WTO Agreement incorporated into this Agreement and related to dispute resolution, in case of inconsistency or possible violation, do not apply to any member State of the Eurasian Economic Union that is not a WTO member.

    4. For the purposes of applying paragraph 2, dispute resolution procedures operating under the WTO Agreement are considered initiated at the request of a Party to the dispute to establish an arbitration panel in accordance with Article 6 of Annex 2 "Agreement on Rules and Procedures governing Dispute Resolution" to the WTO Agreement, while dispute resolution procedures under this Agreement are considered initiated upon a request for arbitration in accordance with paragraph 1 of Article 14.7 of this Agreement.

Article 14.4 Exchange of information and amicus curiae.

     1. The dissemination of any procedural documents between the member States of the Eurasian Economic Union and the Eurasian Economic Union on any of the disputes arising under this Agreement shall not be considered a violation of confidentiality provisions in accordance with this Agreement and/or in accordance with the WTO Agreement.

    2. Any member State of the Eurasian Economic Union and the Eurasian Economic Union that has a significant interest in the issue being considered by the arbitration group has the opportunity to speak to the arbitration group and submit written statements to it as an amicus curiae.

Article 14.5 Good offices, conciliation and mediation

     1. The parties to the dispute may at any time agree on the use of good offices, conciliation or mediation procedures. Good offices, conciliation, or mediation may be requested and terminated at any time at the request of either Party to the dispute.

    2. If the Parties to the dispute agree to this, the good offices, conciliation and mediation may continue after the commencement of the Arbitration Group procedures provided for in this Chapter.

    3. Proceedings involving good offices, conciliation and mediation, and in particular the positions of the Parties to the dispute taken during these proceedings, are confidential and do not prejudice the rights of any of the Parties to the dispute in any further proceedings.

Article 14.6 Consultations

     1. The Parties will make every effort to find a mutually acceptable solution through consultations on any issue arising under this chapter.

    2. A request for consultations shall be submitted in writing to the Respondent Party through the contact points designated in accordance with Article 1.7 of this Agreement, as well as to the Joint Committee, stating the reasons, including an indication of the measures applied or other issue under consideration and the legal grounds for the complaint.

    3. In the event that the applicant Party submits a request for consultations in accordance with paragraph 2 of this Article, the Respondent Party:

    a) responds to the request in writing within 10 days from the date of receipt of the request; and

    (b) Begins consultations in good faith within 30 days, or 10 days in urgent cases, including situations involving perishable goods, from the date of receipt of the request, with a view to reaching an early and mutually satisfactory solution.

    4. The time limits specified in paragraph 3 of this Article may be changed by mutual agreement of the Parties to the dispute.

    5. The consultations are confidential and do not prejudice the rights of any Party to the dispute in any further proceedings.

    6. A Party to the dispute may ask the other Party to the dispute to involve experts from government agencies or other executive bodies with experience in the subject matter of the issue under discussion.

Article 14.7 Establishment of an Arbitration Panel

     1. The applicant Party requesting consultations in accordance with Article 14.6 of this Agreement may request in writing the establishment of an Arbitration Panel.:

    a) if the Respondent Party violates the time limits provided for in paragraphs 3 and 4 of Article 14.6 of this Agreement;

    b) if the Parties to the dispute have not been able to resolve the dispute through consultations within 60 days, or within 20 days in urgent cases, including situations involving perishable goods, from the date of receipt of the request for consultations;

    (c) If the Parties to the dispute jointly come to an understanding that consultations have not resulted in a resolution of the dispute within the time period specified in subparagraph (b) of paragraph 1 of this Article.

    2. In urgent cases, including situations involving perishable goods, the Parties to the dispute shall make every effort to expedite the proceedings as much as possible.

    3. The request to establish an Arbitration Panel shall be sent in writing to the Respondent Party through the contact persons appointed in accordance with Article 1.7 of this Agreement, as well as to the Joint Committee. It indicates whether consultations have been held, outlines specific measures on the disputed issue, and provides a summary of the legal basis of the complaint, sufficient to clearly present the problem.

    4. The requirements and procedures specified in this Article may be changed by mutual agreement of the Parties to the dispute.

Article 14.8 Appointment of arbitrators

     1. The Arbitration Panel consists of three members.

    2. Within 30 days from the date of receipt by the Respondent Party of the request to establish an Arbitration Panel, the Parties to the dispute shall appoint one arbitrator each. Within 15 days of the appointment of the second arbitrator, the appointed arbitrators, by mutual agreement, select the chairman of the Arbitration Panel, who should not meet any of the following qualification criteria:

    a) be a citizen of a member State of the Eurasian Economic Union or Vietnam;

    b) permanently reside in the territory of a member State of the Eurasian Economic Union or Vietnam.

    3. If the necessary appointments are not made within the time limits specified in paragraph 2 of this Article, either Party to the dispute may, unless otherwise agreed by the Parties to the dispute, invite the Secretary General of the Permanent Court of Arbitration (hereinafter referred to as the "CCI") as the competent authority. If the Secretary General of the PCA is a citizen of a member State of the Eurasian Economic Union or Vietnam or is unable to perform the function of the competent authority, the request for making the necessary appointments is addressed to the Deputy Secretary General of the PCA or the next senior official who is not a citizen of a member State of the Eurasian Economic Union or Vietnam and is authorized to perform the function of the competent authority..

    4. All arbitrators must:

    a) have sufficient knowledge and/or experience in the field of law, international trade and other matters included in this Agreement, or in the settlement of disputes under international trade agreements;

    b) to be elected solely on the basis of objectivity, impartiality, reliability and common sense;

    c) be independent and not have any communication or receive any instructions from any of the disputing parties;

    d) inform the Parties to the dispute about any direct or indirect conflicts of interest in relation to the issue under consideration.

    5. Persons who have previously been involved in the issue under consideration in any other capacity, including in accordance with the provisions of Article 14.5 of this Agreement, may not be arbitrators on disputes.

    6. If an arbitrator appointed in accordance with the provisions of this Article refuses or is unable to exercise his powers, his successor shall be appointed within 15 days in accordance with the same procedure used to appoint an arbitrator at the initial establishment of the Arbitration Panel, with the newly appointed arbitrator having the same powers and duties. Any procedural time limits applied during the review are suspended from the moment the arbitrator refuses to exercise his powers or the occurrence of circumstances that do not allow him to exercise his powers, and are resumed from the date of appointment of his replacement.

    7. The date of establishment of the Arbitration Group is the date of appointment of the Chairman of the Arbitration Group.

    8. The requirements and procedures specified in this Article may be changed by mutual agreement of the Parties to the dispute.

Article 14.9 Functions of the Arbitration Panel

     1. The function of the Arbitration Panel is to objectively assess the issue raised before it, including an objective assessment of the factual circumstances of the case, the applicability of this Agreement and its compliance, and to formulate conclusions and decisions necessary in their opinion to resolve the dispute referred to them, as well as to determine, at the request of the Parties to the dispute, the compliance of any measures taken and/or the appropriate suspension of concessions with the final report of the Arbitration Panel.

    2. The conclusions and decisions of the Arbitration Panel cannot increase or decrease the scope of the rights and obligations of the Parties provided for in this Agreement.

Article 14.10 Procedure of the Arbitration Panel

     1. The work of the Arbitration Panel is conducted in accordance with the provisions of this Chapter.

2. In accordance with paragraph 1 of this Article, the Arbitration Panel shall develop its own working procedure, in accordance with the right of the Parties to appear before the arbitration panel and taking into account the discussions of the Parties to the dispute during consultations. The parties to the dispute, in agreement with the Arbitration Group, may agree on the adoption of additional rules and procedures that do not contradict the provisions of this Article.

    3. After consultations with the Parties to the dispute, the Arbitration Panel determines the schedule of the Arbitration Panel as soon as possible, if possible within 10 days after its establishment. The schedule includes the exact dates for the submission of written statements by the Parties to the dispute. Changes to such a schedule may be made by mutual agreement of the Parties to the dispute in consultation with the Arbitration Panel.

    4. At the request of the Party to the dispute or on its own initiative, the Arbitration Panel may, at its discretion, request information and/or technical advice from any person or body it deems necessary. However, before the Arbitration Panel requests such information and/or advice, it notifies the Parties to the dispute. Any information and/or technical advice obtained in this way is transmitted to the Parties to the dispute for comment. If the Arbitration Panel takes such information and/or technical advice into account when preparing its report, it will also take into account any comments by the Parties to the dispute regarding such information and/or technical advice.

    5. The Arbitration Panel shall adopt procedural decisions, conclusions and decisions by consensus, provided that if the Arbitration Panel cannot reach consensus, such procedural decisions, conclusions and decisions may be adopted by a majority vote. The arbitration panel should not disclose information about the results of the arbitrators' voting.

    6. The meetings of the Arbitration Group are closed. The parties to the dispute attend the meetings only at the invitation of the Arbitration Panel.

    7. The hearings of the Arbitration Panel are closed to the public, unless otherwise agreed by the Parties to the dispute.

    8. The parties to the dispute are given the opportunity to attend any presentations, when making statements or when refuting evidence. Any information or written statements submitted by one Party to the dispute to the Arbitration Panel, including any comments regarding the narrative of the preliminary report and the answers to the questions posed by the Arbitration Panel, should be available for consideration by the other Party to the dispute.

    9. The discussions of the Arbitration Panel and the documents submitted to it are confidential.

    10. Nothing in this Chapter prevents a Party to a dispute from disclosing its own position to the public. The Party to the dispute considers as confidential information provided by the other Party to the dispute to the Arbitration Panel, which the other Party to the dispute has designated as confidential. The Party to the dispute, at the request of either Party, also provides a non-confidential summary of the information contained in the written statements, which may be disclosed to the public.

    11. The venue of the hearing is chosen by mutual agreement of the Parties to the dispute. If no agreement is reached, the hearings are held alternately in the capitals of the Parties to the dispute, with the first hearing being held in the capital of the Respondent Party.

Article 14.11 Powers of the Arbitration Panel

     Unless otherwise agreed by the Parties to the dispute, the following powers shall be determined within 20 days from the date of receipt of the request for the establishment of an Arbitration Panel:

    "To examine, in the light of the relevant provisions of this Agreement, the issue referred to in the request for the establishment of an Arbitration Panel in accordance with Article 14.7 of this Agreement and to draw conclusions and make decisions based on the law and facts, together with the establishment of reasons, in order to resolve the dispute."

Article 14.12 Termination or suspension of proceedings

     1. The Arbitration Panel shall cease its work at the joint request of the Parties to the dispute. In this case, the Parties to the dispute jointly notify the Chairman of the Arbitration Group and the Joint Committee.

    2. The arbitration panel, based on a joint request from the Parties to the dispute, suspends work at any time for a period not exceeding 12 consecutive months, starting from the date of receipt of such a joint request. In this case, the Parties to the dispute jointly notify the Chairman of the Arbitration Group. During this period, either Party to the dispute may authorize the Arbitration Panel to continue its work by notifying the Chairman of the Arbitration Panel and the other Party to the dispute. In this case, all relevant time periods specified in this Chapter shall be extended for the period during which the work was suspended. If the work of the Arbitration Group is suspended for a period of more than 12 consecutive months, the Arbitration Group shall cease its work. The right to establish a new Arbitration Panel by the same Parties to the dispute on the same grounds specified in the original request for the establishment of an Arbitration Panel shall expire unless the Parties to the dispute agree otherwise.

Article 14.13 Reports of the Arbitration Panel

     1. The draft reports of the Arbitration Panel are drawn up in the absence of the Parties to the dispute and are based on the relevant provisions of this Agreement, statements and arguments of the Parties to the dispute and any information and/or technical advice received in accordance with paragraph 4 of Article 14.10 of this Agreement.

    2. The Arbitration Panel must submit a preliminary report within 90 days, or 60 days in urgent cases, including situations involving perishable goods, from the date of the Arbitration Panel's establishment. The preliminary report includes, inter alia, both descriptive sections and the conclusions and conclusions of the Arbitration Panel.

    3. In exceptional cases, if the Arbitration Panel considers that it will not be able to submit a preliminary report within the time period specified in paragraph 2 of this Article, it shall inform the Parties to the dispute in writing of the reasons for this delay and indicate within what time frame it expects to submit its preliminary report. Any delay should not exceed an additional period of 30 days, unless the Parties to the dispute agree otherwise.

    4. A party to the dispute may submit its written comments on the preliminary report to the Arbitration Panel within 15 days of receiving the preliminary report, unless the Parties to the dispute agree otherwise.

    5. After reviewing any written comments from the Parties to the dispute and conducting additional studies that it deems necessary, the Arbitration Panel will send the final report to the Parties to the dispute within 30 days from the date of sending the preliminary report, unless the Parties to the dispute agree otherwise.

    6. If, in the final report, the Arbitration Panel concludes that the measures taken by the Party to the dispute do not comply with this Agreement, it shall include in its conclusions and decisions a requirement to eliminate the discrepancy.

    7. The Parties to the dispute shall make the final report of the Arbitration Panel publicly available within 15 days from the date of its transmission by the Arbitration Panel, provided that confidential information is kept, unless there are objections from either Party to the dispute. In this case, the final report will be transmitted to all Parties to this Agreement.

    8. The final report of the Arbitration Panel is final and binding on the Parties to the dispute regarding the specific subject matter of the dispute.

Article 14.14 Implementation

     1. The parties to the dispute shall immediately implement the decisions of the Arbitration Panel. If immediate enforcement is not possible, the Parties to the dispute implement these decisions within a reasonable time. A reasonable period of time is determined by mutual agreement of the Parties to the dispute. If the Parties to the dispute are unable to determine a reasonable time within 45 days from the date of sending the final report by the Arbitration Panel, either Party to the dispute may refer the matter to the same Arbitration Panel, which will set a reasonable time after consultation with the Parties to the dispute.

    2. If there is disagreement between the Parties to the dispute as to whether the Respondent Party has eliminated the discrepancy in accordance with the report of the Arbitration Panel, within a reasonable time provided for in this Article, the other Party to the dispute may refer the matter to the same Arbitration Panel.

    3. The Arbitration Panel shall send its report within 60 days from the date of referral of the issue provided for in paragraphs 1 or 2 of this Article for consideration. The report includes a definition and justification of the reasons for the establishment of the Arbitration Panel. If the Arbitration Panel decides that it is not possible to submit a report within this time period, it shall inform the Parties to the dispute in writing of the reasons for this delay and indicate within what time frame it expects to submit its report. Any delay should not exceed an additional period of 30 days, unless the Parties to the dispute agree otherwise.

    4. The parties to the dispute may at any time continue to search for a mutually acceptable solution to comply with the final report of the Arbitration Panel.

Article 14.15 Compensation and suspension of benefits

1. If a Party to the dispute does not comply with the decision of the Arbitration Panel within a reasonable period provided for in accordance with Article 14.14 of this Agreement, or notifies the other Party to the dispute of its refusal from such actions, and/or the same Arbitration Panel decides that the Party to the dispute has not complied with the decision of the Arbitration Panel in accordance with Article 14.14 of this Agreement. Such a Party to the dispute, at the request of the other Party to the dispute, begins consultations with a view to agreeing on mutually acceptable compensation. If such an agreement is not reached within 20 days of receiving such a request, the other Party to the dispute has the right to suspend the benefits provided under this Agreement, but only to an equivalent extent that corresponds to the impact of those measures that the Arbitration Panel found to be inconsistent with this Agreement.

    2. When considering which benefits should be suspended, the Party to the dispute primarily considers benefits in the same segment or segments that were affected by those measures that the Arbitration Panel found to be inconsistent with this Agreement. If this Party to the dispute considers that suspending benefits in the same segment or segments would not be feasible or effective, it has the right to suspend benefits in other segments.

    3. The Party to the dispute shall notify the other Party to the dispute of the benefits it intends to suspend, the reasons for such suspension, and the commencement of the suspension no later than 30 days before the effective date of such suspension. Within 15 days from the date of receipt of such notification, the other Party to the dispute may apply to the same Arbitration Panel with a request to decide whether the benefits that the Party to the dispute intends to suspend are equivalent to those provided by the measure found to be inconsistent with this Agreement, and whether the proposed suspension complies with paragraphs 1 and 2 of this Article. The decision of the Arbitration Panel is made within 45 days from the date of receipt of such a request, and it is final and binding on the Parties to the dispute. The suspension of benefits does not apply until the date of sending the award by the Arbitration Panel.

    4. Compensation and/or suspension of benefits are temporary and are not applied as a primary measure until the discrepancy is completely eliminated, as defined in the final report of the Arbitration Panel. Compensation and/or suspension of benefits shall be applied by the Party to the dispute only until the measure found to be inconsistent with this Agreement is canceled or modified in such a way as to comply with this Agreement, or until the Parties to the dispute resolve their dispute in another way.

    5. Based on the request of the Party to the dispute, the same Arbitration Panel decides on the compliance of its final report with any imposed measure taken after the suspension of benefits and, in the light of such a decision, on the cancellation or modification of the suspension of benefits. The arbitration panel makes a decision within 30 days from the date of receipt of the request.

Article 14.16 Expenses

     1. Unless the Parties to the dispute agree otherwise:

    a) each Party to the dispute shall bear the costs of the arbitrator appointed by it, its own costs and court costs;

    b) the Parties to the dispute shall pay for the services of the Chairman of the Arbitration Panel and other expenses related to the conduct of the proceedings in equal parts.

    2. At the request of any Party to the dispute, the Arbitration Panel may decide on the costs specified in subparagraph (b) of paragraph 1 of this Article, taking into account the circumstances of the case under consideration.

Article 14.17 Language

     1. English is used in all proceedings and documents in accordance with this Directive.

    2. Any document submitted for use in the proceedings under this Chapter shall be submitted in English. If the original documents do not have an English translation, the Party to the dispute representing them shall ensure that these documents are translated into English.

CHAPTER 15THE FINAL PROVISIONS

Article 15.1 of the Annex

     The annexes to this Agreement are an integral part of this Agreement.

Article 15.2 Accession

     1. A new member State of the Eurasian Economic Union shall accede to this Agreement by mutual agreement of the Parties on the issue of such accession. Such accession is carried out by means of an additional protocol to this Agreement.

    2. The Eurasian Economic Commission shall immediately notify Vietnam of the receipt by any third State of the status of a candidate State for membership in the Eurasian Economic Union and of any accession to the Eurasian Economic Union.

    3. Without prejudice to the accession of a candidate State to the Eurasian Economic Union, negotiations may be held on provisions on services, investments and the movement of individuals (Chapter XX _________, Annex XX _______) of this Agreement between the candidate State for membership in the Eurasian Economic Union the economic union, on the one hand, and Vietnam, on the other hand.

    4. The candidate State for joining the Eurasian Economic Union and Vietnam will make efforts to complete the negotiations provided for in paragraph 3 of this Article before the candidate State for joining the Eurasian Economic Union becomes a member State of the Eurasian Economic Union.

Article 15.3 Withdrawal and termination

     1. Each Party may withdraw from this Agreement by notifying the other Party in writing 6 months in advance.

    2. This Agreement shall terminate for any member State of the Eurasian Economic Union that withdraws from the Treaty on the Union from the date of withdrawal from the Treaty on the Union. Vietnam is notified in writing by the Eurasian Economic Union 6 months before such withdrawal.

Article 15.4 The evolutionary clause

     1. The Parties undertake to review this Agreement taking into account future developments in international economic relations, inter alia (including) within the WTO, and in this context and in the light of any significant factors, to explore the possibility of further developing and deepening cooperation under this Agreement and expanding it to areas not yet covered. The Joint Committee may, if it deems appropriate, make recommendations to the Parties, in particular, on the initiation of such negotiations.

    2. The Parties undertake to carry out a general review of this Agreement in order to improve the objectives set out in the Agreement 3 years after the entry into force of this Agreement, and then every 5 years, unless the Parties agree otherwise.

Article 15.5 Introduction of amendments

     1. This Agreement may be amended by the Parties by mutual written agreement.

    2. The amendments shall enter into force in accordance with the provisions of Article 15.6 of this Agreement. All changes are an integral part of this Agreement.

Article 15.6 Entry into force

     1. This Agreement shall enter into force 60 days after receipt of the last written notification that the member States of the Eurasian Economic Union and Vietnam have completed the internal procedures necessary for its entry into force, subject to paragraph 2 of this Article. These notifications are exchanged between the Eurasian Economic Commission and Vietnam.

    2. The absence of a written notification on the implementation by the Kyrgyz Republic of the internal procedures referred to in paragraph 1 of this Article will not prevent the entry into force of this Agreement between the Eurasian Economic Union, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan and the Russian Federation on the one hand and Vietnam on the other hand. This Agreement will enter into force for the Kyrgyz Republic only after the entry into force of the Treaty on the Accession of the Kyrgyz Republic to the Treaty on the Union of December 23, 2014.

    IN WITNESS WHEREOF, the undersigned, having all the necessary powers, have signed this Agreement.

    Done in two copies at [PLACE] on [DATE] in English.

For the Republic of Armenia

For the Socialist

The Republic of Vietnam

For the Republic of Belarus

For the Republic of Kazakhstan

For the Kyrgyz Republic

For the Russian Federation

For the Eurasian Economic Union

President    

Republic of Kazakhstan     

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