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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on December 18, 2019 Entered into force on May 24, 2020
 
The Taipei Economic and Cultural Office in Viet Nam and the Viet
Nam Economic and Cultural Office in Taipei (each hereinafter
referred to as “ a Party ” ):

Desiring to create more favourable conditions for greater
economic cooperation and investments on the basis of the
principles of equality and mutual benefit;

Recognising that the encouragement and reciprocal protection of
such investments will be conducive to stimulating business
initiative and increasing prosperity and development;

Have agreed as follows:

SECTION A
General Provisions
Article 1
Definitions
For the purposes of this Agreement:
1. Area means the places of operation designated by the Taipei
Economic and Cultural Office in Viet Nam and the Viet Nam
Economic and Cultural Office in Taipei.
2. Investment means every kind of asset that an investor owns or
controls, directly or indirectly, that has the
characteristics of an investment, including such
characteristics as the commitment of capital or other
resources, legally permitted by each Party.(note 1) Forms
that an investment may take include the following:
(a) an enterprise;
(b) shares, stock and other forms of equity participation in an
enterprise;
(c) futures, options and other derivatives; (d) bonds,
debentures, other debt instruments and loans;(note 2, 3)
(e) rights under contracts, including turnkey, construction,
management, production or revenue-sharing contracts;
(f) claims to money or to any contractual performance related to
a business and having an economic value;
(g) intellectual property rights; (h) rights conferred pursuant
to law, licences, authorisations, and permits; and
(i) other tangible and intangible, movable and immovable
property, and any related property rights, such as leases,
mortgages, liens and pledges.
The term “ investment ” does not include an order or judgment
entered in a judicial or administrative action.
3. Enterprise means any entity constituted or organised under
applicable law, whether or not for profit, and whether
private or not including any corporation, trust, partnership,
sole proprietorship, joint venture, association or similar
organisation; and a branch of an enterprise.(note 4)
4. Person means a natural person or an enterprise.
5. Natural person of one Party means a citizen under the laws of
that Party.
6. Freely usable currency means “ freely usable currency ” as
determined by the International Monetary Fund under its
Articles of Agreement.
7. Covered investment means, with respect to one Party, an
investment in the Area of that Party of an investor of the
other Party in existence as of the date of entry into force
of this Agreement or established, acquired or expanded
thereafter, and has been admitted according to its laws, and
regulations, and where applicable, specifically approved by
that Party.
8. Investor of one Party means a natural person or an enterprise
of a Party, that has made an investment in the Area of
another Party.
9. Disputing parties means the disputing investor and the
disputing Party in which Area the investment is made.
10. Disputing investor means an investor of a Party that makes a
claim against the other Party under Section B.
11. Disputing Party means a Party against which a claim is made
under Section B.
12. Non-disputing Party means a Party, to which the disputing
investor belongs.
13. UNCITRAL Arbitration Rules means the arbitration rules of
the United Nations Commission on International Trade Law
approved by the United Nations General Assembly on 6
December 2010.
(note 1) For greater certainty, investment does not mean claims
to money that arise solely from:
(i) commercial contracts for sale of goods or services;
or
(ii) the extension of credit in connection with such
commercial contracts.
(note 2) Some forms of debt, such as bonds, debentures, and
long-term notes, are more likely to have the
characteristics of an investment, while other forms of
debt, such as claims to payment that are immediately
due and result from the sale of goods or services, are
less likely to have such characteristics.
(note 3) A loan issued by one Party to another Party is not an
investment.
(note 4) For greater certainty, the inclusion of a “ branch ”
in the definitions of “ enterprise ” is without
prejudice to a Party ’ s ability to treat a branch
under its laws as an entity that has no independent
legal existence and is not separately organised.

Article 2
Scope
1. This Agreement applies to measures adopted or maintained by
authorities of one Party relating to:
(a) investors of the other Party;
(b) covered investments; and
(c) with respect to Article 5 (Performance Requirements), all
investments in the Area of that Party.
2. This Agreement does not apply to:
(a) measures relating to the procurement conducted in accordance
with the laws, regulations or requirements governing
procurement of the Parties;
(b) services supplied in the exercise of a Party originated in,
or delegated by a Party. For the purposes of this Agreement,
a service supplied in the exercise of a Party means any
service which is supplied neither on a commercial basis nor
in competition with one or more service suppliers;
(c) subsidies or grants provided by a Party or an enterprise
owned or controlled by a Party in the Area of either Party,
including loans, guarantees and insurance supported by a
Party; and
(d) activities conducted by a central bank or monetary body or
by any other public entity of a Party in pursuit of
monetary, exchange rate or credit policies.
3. Nothing in this Agreement shall apply to taxation measures.
4. For greater certainty, this Agreement shall not bind a Party
in relation to an act or fact that took place or a situation
that ceased to exist before the date of entry into force of
this Agreement.

Article 3
National Treatment
1. Each Party shall, in accordance with its applicable laws and
regulations, accord to investors of the other Party treatment
no less favourable than that it accords, in like
circumstances, to its own investors with respect to the
management, conduct, operation, and sale or other disposition
of investments in its Area.
2. Each Party shall, in accordance with its applicable laws and
regulations, accord to covered investments treatment no less
favourable than that it accords, in like circumstances, to
investments in its Area of its own investors with respect to
the management, conduct, operation, and sale or other
disposition of investments.

Article 4
Most-Favoured-Nation Treatment
1. With respect to the management, conduct, operation, and sale
or other disposition of investments, each Party shall accord
to covered investments treatment no less favourable than that
it accords, in like circumstances, to investments in its
Areas of investors of any third Party.
2. The provisions of this Article shall not be construed so as
to oblige one Party to extend to the investors of the other
Party the benefit of any treatment, preference or privilege
resulting from:
(a) any customs union, economic union, free trade area, monetary
union, or other form of regional or bilateral economic
agreement or other similar international agreement, to which
either of the Parties is or may become a party; or
(b) any international, regional or bilateral agreement or other
similar arrangement or any domestic legislation relating
wholly or mainly to taxation.
3. For greater certainty, the treatment referred to in this
Article does not encompass international dispute resolution
procedures or mechanisms, such as those included in Section B
(Investor-Party Dispute Settlement).

Article 5
Performance Requirements
Covered investments shall not be subject to any performance
requirements which are specified in the Illustrative List of the
Agreement on Trade-Related Investment Measures of the WTO and
which may be detrimental to their viability or adversely affect
their use, management, conduct, operation, expansion, sale or
other disposition.

Article 6
Treatment of Investment
1. Covered investments, with respect to one Party, shall be
accorded fair and equitable treatment and shall enjoy full
protection and security in accordance with the laws and
regulations of that Party.
2. For greater certainty:
(a) fair and equitable treatment referred in paragraph 1
requires each Party not to deny justice in any legal or
administrative proceedings;
(b) full protection and security referred in paragraph 1 means
each Party to take such measures as may be reasonably
necessary to ensure the physical protection and security of
the covered investments; and
(c) the concepts of “ fair and equitable treatment ” and “
full protection and security ” do not require treatment in
addition to or beyond that which is required by that
standard, and do not create additional substantive rights.
3. A determination that there has been a breach of another
provision of this Agreement, or of a separate international
agreement, does not establish that there has been a breach of
this Article.

Article 7
Treatment in Case of Armed Conflict or Civil Strife
Each Party shall accord to covered investments
non-discriminatory treatment, in like circumstances, with
respect to measures it adopts or maintains relating to losses
suffered by investments in its Area owing to armed conflict or
civil strife.

Article 8
Expropriation
1. Covered investment shall not be directly or indirectly
nationalized or expropriated (hereinafter referred to as “
expropriated ” )in the Area of the other Party except for
public purpose and against prompt, adequate and effective
compensation. The expropriation shall be carried out on a
non-discriminatory basis in accordance with the legal
procedures of the expropriating Party.
2. Such compensation shall be equivalent to the market value of
the expropriated investments at the time of its expropriation
or at the time of announcement of such expropriation,
whichever is the earlier, and shall be effectively
realizable.
3. Notwithstanding paragraphs 1 and 2 above, any measure of
expropriation relating to land shall be subject to the laws
and regulations of the expropriating Party concerning the
terms of such expropriation and the payment of compensation.

Article 9
Transfers
1. A Party shall permit all transfers relating to a covered
investment to be made freely and without delay into and out
of its Area. Such transfers include:
(a) contributions to capital, including the initial
contribution;
(b) profits, dividends, interest, capital gains, royalty
payments, management fees, technical assistance fees and
other fees;
(c) proceeds from the sale of all or any part of the covered
investment or from the partial or complete liquidation of
the covered investment;
(d) payments made under a contract, including a loan agreement;
(e) payments made pursuant to Article 7 (Treatment in Case of
Armed Conflict or Civil Strife) and Article 8
(Expropriation);
(f) payments arising out of a dispute; and
(g) earnings and other remuneration of personnel engaged from
abroad in connection with that investment.
2. A Party shall permit transfers relating to a covered
investment to be made in a freely usable currency at the
market rate of exchange prevailing at the time of transfer.
3. Notwithstanding paragraphs 1, and 2, a Party may prevent or
delay a transfer through the equitable, non-discriminatory
and good faith application of its laws relating to:
(a) bankruptcy, insolvency or the protection of the rights of
creditors;
(b) issuing, trading or dealing in securities, futures, options
or derivatives;
(c) criminal, or penal offences, and administrative offences;
(d) financial reporting or record keeping of transfers when
necessary to assist law enforcement or financial regulatory
authorities;
(e) ensuring compliance with orders or judgments in judicial or
administrative proceedings;
(f) taxation;
(g) social security, public retirement, or compulsory savings
schemes;
(h) severance entitlements of employees; and
(i) requirement to register and satisfy other formalities
imposed by the central bank and financial regulatory
authorities of a Party.
4. For greater certainty, this Article shall not prevent a Party
from promulgating and maintaining administrative procedures
or regulations on transfer.

Article 10
Subrogation
1. If a Party (or any agency, institution, statutory body or
corporation designated by it) makes a payment to an investor
of that Party under a guarantee, a contract of insurance or
other form of indemnity against non-commercial risks it has
granted in respect of an investment, the other Party shall
recognise the subrogation or transfer of any right or title
in respect of such investment. The subrogated or transferred
right or claim shall not be greater than the original right
or claim of the investor.
2. Where a Party (or any agency, institution, statutory body or
corporation designated by it) has made a payment to an
investor of that Party and has taken over rights and claims
of the investor, that investor shall not, unless authorized
to act on behalf of the Party (or any agency, institution,
statutory body or corporation designated by it) making the
payment, pursue those rights and claims against the other
Party.

Article 11
Special Formalities
1. Nothing in Article 3 (National Treatment) shall be construed
to prevent a Party from adopting or maintaining a measure
that prescribes special formalities in connection with
covered investments, such as residency requirements for
registration or a requirement that covered investments be
legally constituted under the laws or regulations of that
Party, provided that such formalities do not materially
impair the protections afforded by a Party to investors of
the other Party and covered investments pursuant to this
Agreement.
2. Notwithstanding Articles 3(National Treatment) and 4
(Most-Favoured-Nation Treatment), a Party may require an
investor of the other Party, or a covered investment, to
provide information concerning that investment solely for
informational or statistical purposes. The Party shall
protect such information that is confidential from any
disclosure that would prejudice the competitive position of
the investor or investments of an investor of the other
Party. Nothing in this paragraph shall be construed to
prevent a Party from otherwise obtaining or disclosing
information in connection with the equitable and good faith
application of its law.

Article 12
Measures to Safeguard the Balance-of-Payment
1. Nothing in this Agreement shall be construed to prevent a
Party from adopting or maintaining restrictive measures with
regard to transfers:
(a) In the event of serious balance-of-payments and external
financial difficulties or under threat thereof; or
(b) In cases where, in exceptional circumstances, movements of
capital cause or threaten to cause serious difficulties for
financial stabilities, macroeconomic management, in
particular, monetary, credit and exchange rate policies.
2. Measures referred to in paragraph 1 above shall be consistent
with the Articles of Agreement of the International Monetary
Fund, as may be amended.
3. Any measures adopted or maintained under paragraph 1 above,
or any changes therein, shall be promptly notified to the
other Party.

Article 13
General Exceptions
Subject to the requirement that such measures are not applied in
a manner which would constitute a means of arbitrary or
unjustifiable discrimination between the Parties or their
investors, where like conditions prevail, or a disguised
restriction on investors or investments made by investors of the
other Party, nothing in this Agreement shall be construed to
prevent the adoption or enforcement by a Party of measures:
(a) necessary to protect public morals or to maintain public
order;
(b) necessary to protect human, animal or plant life or health;
(c) necessary to secure compliance with laws or regulations
which are not inconsistent with the provisions of this
Agreement, including those relating to:
(i) the prevention of deceptive and fraudulent practices or to
deal with the effects of a default on contracts;
(ii) the protection of the privacy of individuals in relation
to the processing and dissemination of personal data and
the protection of confidentiality of individual records
and accounts; or
(iii) safety.
(d) imposed for the protection of national treasures of
artistic, historic or archaeological value; or
(e) relating to the conservation of exhaustible natural
resources if such measures are made effective in conjunction
with restrictions on domestic production or consumption.

Article 14
Security Exceptions
Nothing in this Agreement shall be construed to:
1. Require a Party to furnish or allow access to any information
the disclosure of which it determines to be contrary to its
essential security interests; or
2. Preclude a Party from applying measures that it considers
necessary for the fulfilment of its obligations with respect
to the maintenance or restoration of international peace or
security, or the protection of its own essential security
interests.

Article 15
Prudential Measures
Measures may be taken relating to financial services for
prudential reasons (note 5), including for the protection of
investors, depositors, policy holders or persons to whom a
fiduciary duty owed by a financial service supplier, or to
ensure the integrity and stability of the financial system.
Where such measures do not conform with the provisions of this
Agreement, they shall not be used as a means of avoiding a Party
’ s commitments or obligations under this Agreement.
(note 5) The Parties understand that the term “ prudential
reasons ” includes the maintenance of the safety,
soundness, integrity, or financial responsibility of
individual financial institutions or cross-border
financial service suppliers as well as the safety, and
financial and operational integrity of payment and
clearing systems.

Article 16
Denial of Benefits
A Party may deny the benefits of this Agreement to:
1. An investor of the other Party and to the investment of that
investor where the investment is being made by an enterprise
that is owned or controlled, directly or indirectly, by
persons of a third Party and the enterprise has no
substantial business operations in the Area of the other
Party; or
2. An investor of the other Party and to the investment of that
investor where the investment is being made by an enterprise
that is owned or controlled, directly or indirectly, by
persons of the denying Party and the enterprise has no
substantial business operations in the Area of the other
Party.

Article17
Investment and Environmental, Health and other Regulatory
Objectives
Nothing in this Section shall be construed to prevent a Party
from adopting, maintaining or enforcing any measure otherwise
consistent with this Section that it considers appropriate to
ensure that investment activity in its Area is undertaken in a
manner sensitive to environmental, health or other regulatory
objectives.

SECTION B
INVESTOR-PARTY DISPUTE SETTLEMENT
Article 18
Settlement of investment Disputes
1. This Article shall apply to investment disputes between the
disputing parties arising from an alleged breach of an
obligation under Article 3 (National Treatment), Article 4
(Most-Favoured-Nation Treatment), Article 6 (Treatment of
Investment), Article 7 (Treatment in Case of Armed Conflict
or Civil Strife), Article 8 (Expropriation), and Article 9
(Transfers), which causes loss or damage to the disputing
investorin relation to its covered investment with respect to
the management, conduct, operation, maintenance, use, and
sale or disposition of such investment.(note 6)
2. This Article shall not apply to investment disputes arising
from an alleged breach of an obligation under Article 3
(National Treatment), Article 4 (Most-Favoured-Nation
Treatment) and Article 6 (Treatment of Investment) in
financial sectors. (note 7)
3. This Article shall not apply where the disputing investor
holds the nationality or citizenship of the disputing Party.
Consultations
4. In the event of an investment dispute referred to in
paragraph 1, the disputing parties shall, as far as possible,
resolve the dispute through consultations, with a view
towards reaching an amicable settlement. Such consultations,
which may include the use of non-binding, third party
procedures, shall be initiated by a written request for
consultations delivered by the disputing investor to the
disputing Party.
5. With the objective of resolving an investment dispute through
consultations, a disputing investor shall provide the
disputing Party, prior to the commencement of the
consultations, with information regarding the legal and
factual basis for the dispute.
Choice of Forum
6. Where the investment dispute has not been resolved through
consultations within 180 days from receipt by the disputing
Party of the written request for consultations, unless the
disputing parties agree otherwise, it may be submitted at the
choice of the disputing investor to:
(a) arbitration under the UNCITRAL Arbitration Rules (note 8);
or
(b) any arbitral institution or in accordance with other
arbitral rules, that the disputing parties may agree,
provided that resort to any of the fora under subparagraph
(a), or (b) shall exclude resort to the other.
Conditions and Limitations on Submission of Claim
7. The submission of a dispute to arbitration under paragraph 6,
subparagraph (a), or (b) shall be conditional upon:
(a) the submission of the dispute to such arbitration taking
place within three years from the time the disputing
investor became aware, or should reasonably have become
aware of an alleged breach of an obligation under this
Agreement causing loss or damage to the disputing investor
in relation to its covered investment;
(b) the execution of a separate written agreement (note 9),
apart from this Agreement, between the disputing parties;
(c) the disputing investor providing to the disputing Party a
written notice of intent at least 90 days before the claim
is submitted. The notice of intent shall specify:
(i) the forum for dispute settlement being sought, under
paragraph 6, subparagraph (a), or (b);
(ii) the name and address of the disputing investor and its
legal representative;
(iii) the factual and legal basis of the investment dispute
sufficient to present the problem clearly, including the
provisions of this Agreement alleged to have been
breached and the relevant measure at issue, as may be
applicable; and
(iv) the relief sought, and where appropriate, the approximate
amount of damages claimed; and
(d) the notice of arbitration being accompanied by the disputing
investor ’ s written waiver of any right to initiate (note
10) before any administrative tribunal or court under the
law of either the disputing Party or the non-disputing
Party, or other dispute settlement mechanisms including
investment dispute settlement mechanisms under any other
bilateral or multilateral agreement to which either or both
the disputing Party and the non-disputing Party are parties,
and any proceedings with respect to any measure of the
disputing Party alleged to constitute a breach referred to
in paragraph 1. Accordingly, once the disputing investor has
submitted the claim to arbitration under paragraph 6,
subparagraph (a), or (b), the choice of forum shall be
final.
8. The applicable arbitration rules shall govern the arbitration
referred to in this Article except to the extent modified by
this Agreement.
Selection of Arbitrators
9. Unless the disputing parties agree otherwise, an arbitral
tribunal established under paragraph 6, subparagraph (a), or
(b) shall comprise three arbitrators:
(a) one arbitrator appointed by each of the disputing parties;
and
(b) the third arbitrator, who shall be the presiding arbitrator,
appointed by agreement of the disputing parties.
10. Unless the disputing parties agree otherwise, the third
arbitrator shall:
(a) not be of the same nationality as the disputing investor, or
be a national of the disputing Party;
(b) not have his or her usual place of residence in the Area of
either the disputing Party or the non-disputing Party;
(c) not be employed by or affiliated with the disputing Party,
the non-disputing Party, or the disputing investor;
(d) not have dealt with the said investment dispute in any
capacity; and
(e) have expertise or experience in public international law,
international trade, or international investment rules.
Conduct of Arbitration
11. Where issues relating to jurisdiction or admissibility are
raised as preliminary objections, the arbitral tribunal
shall decide the matter before proceeding to the merits.
12. A disputing Party may file, no later than 90 days after the
constitution of the arbitral tribunal, an objection that a
claim is manifestly without merit or not admissible. A
disputing Party may also file an objection that a claim is
outside the jurisdiction or competence of the arbitral
tribunal. The disputing Party shall specify as precisely as
possible the basis for the objection.
13. Notwithstanding paragraph 11, at any stage of the
proceedings, the arbitral tribunal may consider whether the
claim is admissible, or within the jurisdiction or
competence of the arbitral tribunal.
14. The arbitral tribunal shall address any such objection as a
preliminary question apart from the merits of the claim. The
disputing parties shall be given a reasonable opportunity to
present their views and observations to the arbitral
tribunal. If the arbitral tribunal decides that the claim is
manifestly without merit, or is otherwise not within its
jurisdiction or competence, it shall render an award to that
effect.
15. Unless the disputing parties agree otherwise, the arbitral
tribunal shall determine the place of arbitration in
accordance with the applicable arbitration rules, provided
that the place shall be in the territory of either Party or
a State that is a party to the Convention on the Recognition
and Enforcement of Foreign Arbitral Awards.
Awards
16. Where an arbitral tribunal makes a final award against
either of the disputing parties, the arbitral tribunal may
award, separately or in combination, only:
(a) monetary damages and any applicable interest; and
(b) restitution of property, in which case the award shall
provide that the disputing Party may pay monetary damages
and any applicable interest in lieu of restitution.
17. An arbitral tribunal shall not award moral and punitive
damages.
18. An award made by an arbitral tribunal shall be final and
binding upon the disputing parties. An award shall have no
binding force except between the disputing parties and in
respect of the particular case.
Governing Law
19. The arbitral tribunal shall decide the issues in dispute in
accordance with this Agreement, relevant domestic law of the
disputing Party, and the applicable rules of international
law.
Investment Dispute in Financial Services
20. Where the disputing investor submits a claim to arbitration
under Section B, and the disputing Party invokes Article 12
(Measures to Safeguard the Balance-of-Payment) and Article
15 (Prudential Measures) as a defense, the arbitral tribunal
established pursuant to Section B shall, at the request of
the disputing Party, seek a joint report in writing from the
disputing Party and the non-disputing Party on the issue of
whether and to what extent Article 12 (Measures to Safeguard
the Balance-of-Payment) and Article 15 (Prudential Measures)
are a valid defense to the claim of the investor. The
arbitral tribunal may not proceed pending receipt of a
report under this Article.
21. Pursuant to a request received in accordance with paragraph
20, the disputing Party and the non-disputing Party shall
proceed with consultations and negotiations in accordance
with Article 20 (Dispute Settlement between the Parties) to
prepare a joint written report. The consultations shall be
between the financial service bodies of the disputing Party
and the non-disputing Party. The report shall be transmitted
to the arbitral tribunal, and shall be binding on the
arbitral tribunal.
22. Where, within one year of the referral by the arbitral
tribunal, no report has been received by the arbitral
tribunal, the arbitral tribunal may decide the matter.
23. The presiding arbitrator shall have expertise or experience
in financial services, law or practice, which may include
the regulation of financial service suppliers, unless the
disputing parties otherwise agree.
(note 6) For greater certainty, issues other than those
explicitly provided in this Articleshall not be
considered under this mechanism in any circumstances.
(note 7) In the event that any investment agreement of a
disputing Party includes treatment under Article 6
(Treatment of Investment) for the financial sector, the
Parties shall give each other an opportunity to discuss
including this treatment under this mechanism to the
extent possible.
(note 8) The UNCITRAL Rules on Transparency in Treaty-based
Investor-State Arbitration shall not be applied, except
as agreed by the disputing parties.

(note 9) This shall be read in conjunction with Annex (Separate
Written Agreement).

(note 10) For greater certainty, if an investor of a Party
elects to submit a claim that a Party has breached an
obligation under Article 18.1 or any claim of the type
described under Article 18.1 to a court or
administrative tribunal of a Party or any other
dispute settlement mechanisms, that election shall be
definitive and exclusive, and the investor shall not
thereafter submit the claim to arbitration under
Article 18.1.

SECTION C
Other Provisions
Article 19
Transparency
1. A Party shall, in accordance with its laws and regulations,
publish or otherwise make publicly available in a timely
fashion the investment-related laws, regulations, and
measures that are generally applicable.
2. A Party shall, upon the request of the other Party and in
accordance with its laws and regulations, provide information
with respect to any change to the laws, regulations, or
measures, that were already published and that affect
investors of the other Party.

Article 20
Dispute Settlement between the Parties
Any dispute between the Parties concerning the interpretation or
application of this Agreement should, if possible, be settled
amicably through consultations and negotiations between the
Parties to the dispute. If such dispute cannot be settled, it
shall, upon the request of either Party, be referred to
arbitration on such terms and conditions as both Parties may
agree.

Article 21
Coordination Mechanism
The Parties shall be in cooperation to review the implementation
of this Agreement and make their best efforts to address other
matters related to this Agreement identified by the Parties.

Article 22
Final Provisions
1. This Agreement shall enter into force 30 days after the date
of receipt of the last notification whereby the Parties
inform each other that respective procedures for its entry
into force have been completed. It shall remain in force for
a period of ten years after its entry into force and shall
continue in force unless terminated as provided in paragraph
3 of this Article.
2. The Annex to this Agreement shall form an integral part of
this Agreement.
3. Either Party may, by giving one year ’ s advance notice in
writing to the other Party, terminate this Agreement. In
respect of investments made prior to the date when the notice
of termination becomes effective, the provisions of all of
the other Articles of this Agreement shall remain in force
with respect to such investments for a period of ten years
from that day.
4. Upon the entry into force of this Agreement, the Agreement
between the Taipei Economic and Cultural Office in Hanoi and
the Viet Nam Economic and Cultural Office in Taipei on the
Promotion and Protection of Investments signed on 21April
1993 (the 1993 Agreement), including the rights and
obligations derived therefrom, shall be terminated and cease
to have effect, and shall be replaced and superseded by this
Agreement. (note 11)
(note 11) The Parties share the understanding that the provision
s of Article 9.2 of the 1993 Agreement shall also
cease to have effect.


IN WITNESS WHEREOF, the undersigned, being duly authorized, have
signed this Agreement.

DONE in duplicate at Taipei, on 18 December 2019, in the English
language.


For the Taipei For the Viet Nam
Economic and Economic and
Cultural Office in Cultural Office in
Viet Nam Taipei

石瑞琦 Nguyen Anh Dung
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