To qualify for preferential tariffs under the EUSF, operators must comply with general rules of origin or rules of origin specific to the products of the agreement and complete a certificate of origin (eur.1) issued by the government or a declaration of origin from a certified exporter (i.e. self-certification of origin). The TFUE allows for the bilateral accumulation of origin, in which products manufactured in one part can benefit from preferential treatment and containing materials of the other party. It also allows for a limited accumulation of South Korean substances used in textile manufacturing and the possibility of accumulating fishing equipment from other ASEAN Member States. The TFUE provides for Vietnam`s commitment to the World Intellectual Property Organization (WIPO) as a means of preventing unauthorized access to creative works and protecting materials exchanged through digital networks, including the internet. In particular, Vietnam has committed to joining the WIPO Copyright Treaty (1996) and the Performance and Phonogram Contract (1996) within three years of the effective date of THE TUEFTA. According to reports, the Vietnamese government is in the process of completing its internal procedures and the necessary documents to accede to the two treaties. The TFUE also includes strict provisions for trademark protection, patents, designs, plant varieties and data protection (five years) for pharmaceutical, biological and agrochemical products. The trade agreement will also open up new opportunities for businesses wishing to develop commercially by improving market access in the service sectors and in many non-market sectors, such as manufacturing.
This means new opportunities to attract investment, for example for industrial production. 1 In 2017, the European Court of Justice ruled that certain provisions of the EU-Singapore Free Trade Agreement on non-direct foreign investment and investor-state dispute settlement (ISDR) were outside the EU`s exclusive jurisdiction and needed to be ratified by the national parliaments of EU member states. To raise opposition to the trade agreement, the EU and Singapore agreed to divide the agreement into two separate agreements. Negotiations between the EU and Vietnam followed the same process. In 2018, the part of the investment agreement was divided into a separate investment protection agreement, EUVIPA. The EU-Singapore PPI national ratification process is underway and is expected to take at least two years. 2 For more details, please see Appendix 9-B below. 3 Vietnam became an observer of the WTO GPA on 5 December 2012. The agreement will add new GIs in the future.
Trade and investment agreements develop the commercial dimension of bilateral relations BETWEEN the EU and Vietnam, which are grounded and governed by the EU-Vietnam Framework Agreement on Partnership and Cooperation, which came into force in October 2016. The agreement allows EU companies to award public contracts, among others, with Vietnamese ministries, including for infrastructure such as roads and ports, major state-owned enterprises such as the electricity supplier and the national rail operator, public hospitals and the two largest Vietnamese cities of Hanoi and ho Chi Min. The free trade agreement focuses on duty-free trade.