RESOLUTION

ON RATIFICATION OF EU-VIETNAM FREE TRADE AGREEMENT (EVFTA)

THE NATIONAL ASSEMBLY

Pursuant to the Constitution of Socialist Republic of Vietnam;

Pursuant to the Law on International Treaties No. 108/2016/QH13;

At the request of the President in Proposal No. 01/TTr-CTN dated April 18, 2020 on ratification of EU-Vietnam Free Trade Agreement (EVFTA);

In consideration of the Government Report No. 192/BC-CP dated May 8, 2020, Report No. 4686/BC-UBDN14 dated May 13, 2020 of the Foreign Affairs Committee of National Assembly and comments of the National Assembly deputies.

RESOLVES THAT:

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EU-Vietnam Free Trade Agreement (hereinafter referred to as Agreement) signed on June 30, 2019 in Hanoi, Vietnam is ratified.  The full text in English and Vietnamese of the Agreement is provided in Annex 1 hereto appended.

Article 2. Application of international treaty

The entire content of the Agreement is applicable, in which:

1. The regulation of the Agreement in Annex 2 hereto appended is directly applicable;

2. The regulation of the Agreement in Annex 3 hereto appended is applicable when the Law on Intellectual Property No. 50/2005/QH11 amended by the Law No. 36/2009/QH12 and the Law No. 42/2019/QH14 comes into force:

3. This Agreement is applicable in the United Kingdom from the date of entry into force of this Agreement to December 31, 2020 inclusive (an extension for 24 months is allowed under an agreement between the United Kingdom and European Union concerning UK’s withdrawal from the EU).

Article 3. Implementation of international treaty

1. The Government, the People’s Supreme Court, the People’s Supreme Procuracy, relevant organizations shall review the legislative documents in Annex 3 and other legislative documents in order to, at their discretion or upon proposal to the competent authorities, make timely amendments, annulment, or promulgation, to ensure consistency of the legal system and adherence to the Agreement’s commitments.

2. The Prime Minister shall facilitate the implementation of the Agreement; consider approving and directing relevant central and local organizations to execute their plans for implementation of the Agreement; focus on human resources development to make the best use of the opportunities and benefits of the Agreement; develop and implement preventative measures against negative effects that may occur during implementation of the Agreement; spread information about the Agreement to raise awareness of the political system, businesses and the people of Vietnam’s accession to the Agreement; regularly review and evaluate the results and effectiveness of the performance of commitments in the Agreement, and send annual reports to the National Assembly on the implementation of the Agreement.

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Article 4. Supervision

The National Assembly, Standing Committee of the National Assembly, Ethnicity Council, other committees of the National Assembly, the National Assembly delegations, National Assembly deputies, within their tasks and powers, shall supervise the implementation of this Resolution.

This Resolution is ratified by the 14^th National Assembly of Socialist Republic of Vietnam during the 9^th session on June 8, 2020.

PRESIDENT OF THE NATIONAL ASSEMBLY




Nguyen Thi Kim Ngan

Epas: 40432

ANNEX 1

FULL TEXT OF AGREEMENT
(Enclosed with the National Assembly’s Resolution No. 102/2020/QH14 dated June 8, 2020)

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The electronic file of full text in English and Vietnamese of the Agreement can be downloaded from: http://dbqh.na.gov.vn/download/TAI-LIEU-KY-9/hiep_dinh_tm_tu_do.rar

ANNEX 2

DIRECTLY APPLICABLE REGULATIONS IN THE AGREEMENT
(Enclosed with the National Assembly’s Resolution No. 102/2020/QH14 dated June 8, 2020)

No.

Directly applicable regulations in the Agreement

Implementation time

1

Paragraphs 1 and 2 Article 4 and Article 9 of Annex 2-B Motor Vehicles and Motor Vehicles Parts and Equipment.

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2

Paragraphs 3 Article 4 of Annex 2-B Motor Vehicles and Motor Vehicles Parts and Equipment.

5 years after entry into force of the Agreement

3

Article 2 of Annex 2-B Motor Vehicles and Motor Vehicles Parts and Equipment.

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Article 4.11 Chapter 4 Customs and Trade Facilitation

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Chapter 8 Liberalisation of Investment, Trade in Services and Electronic Commerce; and Schedules in Appendices of Chapter 8.

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Point K Article 8.41.2.a(ii) Sub-section 6 Financial Services, Section E Legal Framework, Chapter 8 Liberalisation of Investment, Trade in Services and Electronic Commerce.

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Point L Article 8.41.2(ii) Sub-section 6 Financial Services, Section E Legal Framework, Chapter 8 Liberalisation of Investment, Trade in Services and Electronic Commerce.

8

Article 8.41.2.b Sub-section 6 Financial Services, Section E Legal Framework, Chapter 8 Liberalisation of Investment, Trade in Services and Electronic Commerce.

9

Article 8.41.2 c and Article 8.44 Sub-section 6 Financial Services, Section E Legal framework, Chapter 8 Liberalisation of Investment, Trade in Services and Electronic Commerce; and Part II.7 Financial Services, Appendix 8-B-1 Cross-Border Supply of Services and Investment Liberalisation, Annex 8B Viet Nam's Schedule of Specific Commitments.

"new financial service" means a service of a financial nature including services relating to existing and new products or the manner in which a product is delivered, which is not supplied by any financial service supplier in the territory of a Party but which is supplied in the territory of the other Party.

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Sub-section E Rail Transport Services, Section 11 Transport Services, Appendix 8-B-1, Annex 8-B Vietnam’s Schedule of Specific Commitments.

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Paragraph 2 Article 12.27 Chapter 12 Intellectual Property.

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Paragraphs 1, 2 and 3 Article 12.28 Chapter 12 Intellectual Property.

1. The protection of the geographical indications "Asiago", "Fontina" and "Gorgonzola" with regard to products in the class of "cheeses" and “Feta” with regard to products in the class of "cheeses" made from sheep's milk or made from sheep and goat's milk shall not prevent the use of any of these indications in the territory of Viet Nam by any persons, including their successors, who made actual commercial use in good faith of those indications prior to 1 January 2017.

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Article 12.29 Chapter 12 Intellectual Property.

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Paragraph 1 Article 13.15 Chapter 13 of Trade and Sustainable Development.

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Paragraph 4 Article 13.15 Chapter 13 of Trade and Sustainable Development.

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Paragraph 1 Article 15.23 Chapter 15 Dispute Settlement.

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Paragraph 2 Article 16.4 Chapter 16 Cooperation and Capacity Building.

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Paragraph 1 Article 17.1 Chapter 17 Institutional, General and Final Provisions.

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Paragraph 1 Article 17.2 Chapter 17 Institutional, General and Final Provisions.

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Article 17.12 Chapter 17 Institutional, General and Final Provisions.

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Understanding concerning Bank Equity.

ANNEX 3

REGULATIONS OF THE AGREEMENT APPLICABLE WHEN THE LAW ON INTELLECTUAL PROPERTY NO. 50/2005/QH11 AMENDED BY THE LAW NO. 36/2009/QH12 AND THE LAW NO. 42/2019/QH14 COMES INTO FORCE
(Enclosed with the National Assembly’s Resolution No. 102/2020/QH14 dated June 8, 2020)

No.

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Applicable regulation

1

Paragraph 3 Article 12.22 Chapter 12 Intellectual Property

2

Article 12.35 Chapter 12 Intellectual Property.

A design applied to or incorporated in a product which constitutes a component part of a complex product shall only be considered to be new and original:

(i) if the component part, once it has been incorporated into the complex product, remains visible during normal use of the latter; and

(ii) to the extent that those visible features of the component part fulfill in themselves the requirements as to novelty and originality;

“industrial design” means the appearance of the whole product or a component part which is incorporated into the whole product. The appearance is defined as shapes, lines, colors or combination thereof and visible during the normal use of the product.

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Article 12.40 Chapter 12 Intellectual Property

Each Party shall provide for an adequate and effective mechanism to compensate the patent owner for the reduction in the effective patent life resulting from unreasonable delays in the granting of the first marketing authorisation.

Such compensation may be in the form of an extension of the duration of the rights conferred by patent protection, equal to the time by which the period referred to in the footnote to this paragraph is exceeded. The maximum duration of this extension shall not exceed two years.

1. In carrying out procedures for maintaining the validity of a patent, the patent owner is not required a pay a given fee for the period of delay in granting of the first marketing authorisation in Vietnam with regard to pharmaceuticals produced under such patent.  

2. The marketing authorisation procedure of pharmaceuticals is considered delayed if after 24 months following the date of filing of the application for marketing authorisation, the competent authority does not give the first response to the applicant without justifiable reasons. The delay commences from the day after 24 months following the date of filing of the application for marketing authorisation to the day on which the competent authority gives the first response.

3. Where the patent owner paid a certain fee for the use of patent during the delay period, the paid fee shall be deducted from the fee of subsequent effective patent period or refunded.

ANNEX 4

CODES AND LAWS TO BE AMENDED FOLLOWING COMMITMENTS IN THE AGREEMENT
Enclosed with the National Assembly’s Resolution No. 102/2020/QH14 dated June 8, 2020)

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Description

Regulations to be amended

Entry into force of commitment

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Entry into force of the Agreement

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