Investment Protection Agreement Vietnam
NAFTA`s obligations in the area of government procurement mainly concern the obligation to treat EU bidders or national bidders with EU investment capital in the same way as Vietnamese bidders when the government purchases goods or requests a service with a value above the indicated threshold. Vietnam undertakes to respect the general principles of criminalization and non-discrimination. It will publish in time information on obtaining and information after the award to Bao Dau Thau – Public Procurement Newspaper – and information on the supply system in muasamcong.mpi.gov.vn and the Official Gazette. In addition, suppliers will have sufficient time to prepare and submit requests to participate and responsive offers, as well as to maintain the confidentiality of offers. NAFTA also requires its parties to evaluate bids on the basis of fair and objective principles, to evaluate and award bids solely on the basis of criteria set out in notices and tender documents, and to establish an effective claims and dispute resolution system. These rules oblige contracting parties to ensure that their tendering procedures comply with the obligations and protect their own interests, which helps Vietnam to solve its problem, namely that tenders are obtained by cheap but low-quality service providers. The EUA is expected to remain in force until the end of the year, while the UK is still in a customs union with the EU. The situation from 1 January 2021 will depend on the decision of the UK and Vietnam to agree on their own bilateral agreement, although this is unlikely in the short term, given that Vietnam is not currently one of the priority free trade agreements for the UK (of which the EU is a part, , japan, Australia, New Zealand and the United States). The question of a possible diagonal or extended cumulation of origin between the UNITED KINGDOM, the EU and Vietnam (i.e.
when parties from countries that are not parties to a free trade agreement, for example. B the United Kingdom from 2021, can be considered as „originating products“ and can therefore contribute to respecting the preferential rule of origin of a product) will depend on the will of the three parties: Agree with this. At this stage, the EU does not foresee the possibility of such expanded cumulation in its FTA discussions with the UK with a view to a free trade agreement. In addition, the IASIA includes geographical indications („geographical indications“) that relate to names or signs used on products corresponding to a given origin or geographical location. Under the agreement, Vietnam will recognise and protect 169 EU GIs (e.g. B for certain EU wines and cheeses) and the EU will protect 39 Vietnamese GIs (including certain coffees, teas and sauces). Following the signatures, the agreements will be submitted to the National Assembly on the Vietnamese side for ratification and, on the EU side, to the European Parliament, as well as to the national parliaments of the EU Member States in the case of the Investment Protection Agreement. According to the World Intellectual Property Organization (WIPO), the geographical indication (GI) is a sign used for products of geographical origin and having characteristics or reputations due to that origin. To serve as a geographical indication, a sign must label an originating product in a given place, thus creating a clear link between the product and its original place of production. Under NAFTA, Vietnam will protect more than 169 GIs, while the EU will protect Vietnam`s 39 without having to go through the registration process. The agreement also allows certain GIs such as „Gorgonzola“ and „Champagne“ in Vietnam, as long as there is a real commercial use….