Nghị quyết 102/2020/QH14

THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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Resolution No. 102/2020/QH14

Hanoi, June 8, 2020

PRESIDENT OF THE NATIONAL ASSEMBLY




Nguyen Thi Kim Ngan

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.

Acceptance of the valid UNECE type-approval certificate for motor vehicles parts and equipment under UNECE 1958 Agreement (Agreement concerning the Adoption of Harmonized Technical United Nations Regulations for Wheeled Vehicles, Equipment and Parts which can be Fitted and/or be Used on Wheeled Vehicles and the Conditions for Reciprocal Recognition of Approvals Granted on the Basis of these United Nations Regulations). 

3 years after entry into force of the Agreement

2

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

Acceptance of the valid UNECE International Whole Vehicle Type Approval certificate for whole motor vehicles of UNECE category M1 under UNECE 1958 Agreement.

5 years after entry into force of the Agreement

3

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

Become a Contracting Party to the UNECE 1958 Agreement

Within 3 years after entry into force of the Agreement

4

Article 4.11 Chapter 4 Customs and Trade Facilitation

Where a foreign trader has no presence in Vietnam, the customs declaration made be carried out a customs broker or a representative of foreign trader in Vietnam named in the certificate of registration for exportation and importation right. 

Entry into force of the Agreement

5

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

Commitments concerning liberalisation of investment, trade in services and electronic commerce; and schedules of specific commitments in Appendices of Chapter 8 are directly applicable.

Entry into force of the Agreement

6

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.

Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services are considered financials service.

Entry into force of the Agreement

7

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.

Advisory, intermediation and other auxiliary financial services on all the activities listed in subparagraphs Article 8.41.2 a(ii) (A) to (K), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy are considered financial service.

Entry into force of the Agreement

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.

"financial service supplier" means any natural or juridical person of a Party that seeks to provide or provides financial services but does not include a public entity.

Entry into force of the Agreement

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.

With regard to new financial services, Viet Nam may impose a pilot testing program for a new financial services, and in doing so may impose either a cap on the number of financial service suppliers that may participate in pilot testing or restrictions on scope of pilot testing program.  These measures shall not be more burdensome than necessary to achieve their aim.

Entry into force of the Agreement

10

Sub-section A Maritime Transport Services; Section 11 Transport Services, Appendix 8-B-1 and 8-B-2, Annex 8-B Vietnam’s Schedule of Specific Commitments.

Foreign service suppliers are permitted to establish joint-ventures with foreign capital contribution not exceeding 70 % of total legal capital with regard to maritime transport services less cabotage.

Entry into force of the Agreement

11

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

Foreign suppliers are permitted to provide freight transport services through the establishment of joint ventures with Vietnamese partners.

Entry into force of the Agreement

12

Paragraph 2 Article 12.27 Chapter 12 Intellectual Property.

The protection of the geographical indications referred to in Part A Annex 12-A (List of Geographical Indications of the Union) shall be provided as the same as that of geographical indications for wines and spirits prescribed in the Law on Intellectual Property.

Entry into force of the Agreement

13

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.

2. Those that made actual commercial use in good faith of, in the territory of Viet Nam, the geographical indication “Champagne”, or its translation, transliteration, or transcription, with regard to products in the class of “wines”, may keep using this indication during a transitional period of 10 years from the date of entry into force of this Agreement.

Entry into force of the Agreement

14

Article 12.29 Chapter 12 Intellectual Property.

The legitimate use of such geographical indication shall not be subject to any registration of users, or further charges.

Entry into force of the Agreement

15

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

Designate a contact point to participate in the Committee on Trade and Sustainable Development for the purposes of implementing Chapter 13 Trade and Sustainable Development.

Entry into force of the Agreement

16

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

Convene a new or consult an existing domestic advisory group  or groups (DAGs) on sustainable development with the task of advising on the implementation of Chapter 13 Trade and Sustainable Development.

Entry into force of the Agreement

17

Paragraph 1 Article 15.23 Chapter 15 Dispute Settlement.

Establish a list of at least 5 individuals who are willing and able to serve as arbitrators.

Entry into force of the Agreement

18

Paragraph 2 Article 16.4 Chapter 16 Cooperation and Capacity Building.

Designate a contact point with administration to liaise with EU on matters related to the implementation of this Chapter.

Entry into force of the Agreement

19

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

Cooperate with EU in establishing a Trade Committee comprising representatives of EU and Vietnam and co-chaired by the Minister of Industry and Trade and the Member of the European Commission or their respective delegates.

Entry into force of the Agreement

20

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

The following specialised committees are hereby established under the auspices of the Trade Committee: (i) the Committee on Trade in Goods; (ii) the Committee on Customs; (iii) the Committee on Sanitary and Phytosanitary Measures; (iv) the Committee on Investment, Trade in Services, Electronic Commerce and Government Procurement; (v) the Committee on Trade and Sustainable Development.

Entry into force of the Agreement

21

Article 17.12 Chapter 17 Institutional, General and Final Provisions.

Adopt measures in order to safeguard its capital movements, payments or transfers where the Party experiences serious balance-of-payments or external financial difficulties.

Entry into force of the Agreement

22

Understanding concerning Bank Equity.

Vietnamese authorities shall favourably consider the proposal by the Union's financial institutions to allow the total equity held by foreign investors in two joint-stock commercial banks of Viet Nam of up to 49 per cent of the enterprise's chartered capital.

Within 5 years from the date of entry into force of this Agreement

No.

The Law on Intellectual Property No. 50/2005/QH11 amended by the Law No. 36/2009/QH12 and the Law No. 42/2019/QH14

Regulation of EVFTA

Applicable regulation

1

Paragraph 1 Article 95

Paragraph 3 Article 12.22 Chapter 12 Intellectual Property

Any use of a registered trademark by the proprietor of the trademark or with his consent in respect of the goods or services for which it is registered that is liable to mislead the public, particularly as to the nature, quality or geographical origin of those goods or services shall make the trademark liable to revocation or, alternatively, be prohibited by relevant domestic law.

The protection of a trademark shall be revoked if the use of that trademark for registered goods or services by the proprietor of the trademark or another person with his consent is liable to mislead the public as to the nature, quality or geographical origin of those goods or services.

2

Paragraph 13 Article 4

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;

(iii) the term "visible" means visible by the end user, excluding maintenance, servicing or repair work.

“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.

3

Not provided for in law

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.

An unreasonable delay includes at least a delay of more than two years in the first response to the applicant following the date of filing of the application for marketing authorisation. Any delays that occur in the granting of a marketing authorisation due to periods attributable to the applicant or any period that is out of control of the marketing authorisation authority need not be included in the determination of such delay.

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.

4. In order to claim the benefit provided in paragraph 1, within 12 months following the granting of a market authorisation, the patent owner shall submit the industrial property right authority a document, issued by the marketing authorisation authority, confirming such delay in the marketing authorisation procedure.

No.

Description

Regulations to be amended

Entry into force of commitment

1

The Law on Intellectual Property No. 50/2005/QH11 amended by the Law No. 36/2009/QH12 and the Law No. 42/2019/QH14

1. Add a regulation on revocation of the protection of a trademark if the use of that trademark is liable to mislead the public as to the nature, quality or geographical origin of the goods or services.

Entry into force of the Agreement

2. Add a regulation governing that industrial design refers to a component part which is incorporated into the whole product.

3. Add a regulation on compensating the patent owner for the reduction in the effective patent life resulting from unreasonable delays in the granting of the first marketing authorisation with regard to pharmaceuticals produced under that patent.

2

The Law on Insurance Business No. 24/2000/QH10 amended by the Law No. 61/2010/QH12 and the Law No. 42/2019/QH14

Allow a foreign reinsurer to establish branches.

3 years from the date of entry into force of this Agreement