Diplomatic Cable < Russia | Viet Nam >

[Jay]

МИД РФ Ministry of Foreign Affairs​

AUTHENTIC COMMUNIQUE OF THE OFFICE OF FOREIGN AFFAIRS Security Clearance: Secure and Encrypted​

[Recipient]: Ministry of Foreign Affairs, Viet Nam < HeadlessSeeker > [Sender]: Minister of Foreign Affairs, Russian Federation < @LCAlbrechtMOFA.ru.gov > [Subject]: Confidential: Diplomatic Relations

Dear Minister Nguyễn, I hope this email finds you well Minister Nguyễn. The Government of the Russian Federation is happy to see stability returning to Viet Nam and looks to continue the conversations shared with your predecessor. With strong historical ties between Vietnam and Russia, His Excellency the President has identified the need for stronger relations and hopes that Vietnam will reciprocate this energy. Our Ministry is eager to engage in a constructive dialogue with you and finds ways to develop our relations. I hope that we may talk to allow us to facilitate open and transparent communication on matters of common interest. This talk could serve as a platform for discussing political, economic, cultural, and security-related issues. Additionally, we are keen on exploring opportunities for collaborative initiatives in areas such as defense cooperation, energy cooperation, and industrial development. Russia is eager to expand its defense footprint in the region and would see Vietnam as a strong ally to advance our mutual interests including Viet Nam's sovereignty in the South China Sea, keeping in check regional powers, and ensuring peace and security. We are eager to further Russian investments in Viet Nam, provide access to Russian equipment, and develop positive relations that will provide peace and security in Southeast Asia. As part of our mission, the Russian Government would like to expand Vietnam's defensive infrastructure and have a permanent presence in the region. Russia would like to acquire access to Yên Bái Air Base, Bien Hoa Air Base, and An Thoi Naval Base. In addition to our presence, the Russian Government would like to develop these bases to host a greater number of Russian assets including SIGINT and ELINT capabilities, and a permanent naval presence in the region. Russia expects to maintain a standard peacetime presence of under 5,000 Russian personnel in Viet Nam. However, that number can be bolstered to 25,000 during times of heightened emergency should it be required. Please find a rough breakdown below. Facility Force Composition Supporting Elements Yên Bái Air Base Air Force Interceptor & Multirole Fighter Presence Air Force Ground Crew, Air Force Base Protection Force, Air Force Speztsnaz, Air Force Intelligence Officers Bien Hoa Air Base Air Force Interceptor & Multirole Fighter Presence Air Force Ground Crew, Air Force Base Protection Force, Air Force Speztsnaz, Air Force Intelligence Officers An Thoi Naval Bas Battlecruiser Strike Group Naval Maintenance Group, Naval Base Protection Force, Navy GRU Spetzsnaz, Naval Intelligence Officers The Russian Government would also like to request that Viet Nam intervene to become a protecting power for Russia's diplomatic interests and consular services in Thailand. With the closure of Russia's Embassy, Russia looks to Viet Nam as a stable and historical partner to Russia. In addition to being a protected power, my Government hopes that Viet Nam will be a stable voice in Southeast Asia. One which Russia has historically relied on to keep stability in a region increasingly falling prey to Thailand's instability. The Russian Government would also like to sign a trade agreement with Viet Nam and cement economic ties between our two countries and build up on decades of economic growth spurred by Russo-Vietnamese cooperation. Lastly, I hope my Government can continue to use Viet Nam as a refueling point for its military operations in the wider Pacific as was agreed with your predecessor. A move which I believe will highlight our mutual relations and push it in a positive direction. I look forward to the prospect of working closely with you to build a foundation of trust and cooperation between our nations. If it is appropriate for your Government, Deputy Prime Minister Abramchenko, her security detail, and a Russian diplomatic & trade delegation can be in Hanoi at your earliest convenience. Please let me know an appropriate time to arrange this meeting. Regards, Lucie Albrecht Minister of Foreign Affairs Russian Federation

 

[HeadlessSeeker]

To: Minister of Foreign Affairs, Russian Federation < @LCAlbrechtMOFA.ru.gov > Bossza007 From: <Nguyễn Dy Niên, Minister of Foreign Affairs, Vietnam> Subject: Confidential: Diplomatic Relations Eencrypted

Minister,

Thank you for contacting me on these incredibly important matters. I do believe that we can come to an agreement on all listed matters as our Foreign policy in regards to Russia is to continue to improve relations and strengthen economic and military ties.

We would like to seek the establishment of Embassies between our two nations to go along with any trade agreement we make.

It is our hope that Viet Nam shall become a regional power capable of enforcing stability with the help of regional and international partners.

However the matter of bases and refueling rights should be discussed in person. We can discuss this and the other matters during such a meeting.

Looking at our schedule would next Friday work?

Sincerely,​

Nguyễn Dy Niên

Minister of Foreign Affairs,
Socialist Republic of Vietnam​

 

[Jay]

МИД РФ Ministry of Foreign Affairs​

AUTHENTIC COMMUNIQUE OF THE OFFICE OF FOREIGN AFFAIRS Security Clearance: Secure and Encrypted​

[Recipient]: Ministry of Foreign Affairs, Viet Nam < HeadlessSeeker > [Sender]: Minister of Foreign Affairs, Russian Federation < @LCAlbrechtMOFA.ru.gov > [Subject]: Confidential: Diplomatic Relations

Dear Minister Nguyễn, I hope this email finds you well Minister Nguyễn. Thank you for your prompt response. I look forward to scheduling a visit. Deputy Prime Minister Abramchenko would be happy to meet with you in Hanoi. My Government looks forward to discussing these items more in-depth in person and looks forward to a positive resolution that continues to lead our bilateral relationship forward. Ahead of such the proposed visit, Russia is happy to reciprocate with the opening diplomatic missions. My Government would like to propose the following arrangement. An Embassy in Hanoi and a Consulate General in Ho Chi Minh City. In exchange, we would like to offer an Embassy in Moscow alongside a Consulate General in Saint Petersburg and Vladivostok for your Government to consider. Deputy Prime Minister Abramchenko is duly authorized to execute any potential agreements pending of course Russia's constitutional process for ratification. I look forward to hearing positive developments of these talks soon enough. Kind Regards, Lucie Albrecht Minister of Foreign Affairs Russian Federation

Deputy Prime Minister Abramchenko would take her seat comfortably onboard her plane. The drive from the Embassy was rather concerning giving her apprehension to the Thais attempting to kidnap her once again. However, when she was safely aboard the plane, she would catch a breath of relief. The Russian Embassy had moved all its equipment out of the Embassy, leaving it a ghost shell, with all the equipment safely secured below.

A cargo ship would bring back all the armored vehicles, non-sensitive items, and other heavier objects with the Embassy's security service onboard the cargo ship as it returned to Vladivostok. Back onboard the tarmac the tens of Russian diplomats would join Abramchenko's small delegation. The plane took off and headed towards Vietnam. After leaving Thai Air Space, the Russian Government Plane would continue its flight to Hanoi where its passengers would recover and those not a part of Abramchenko's delegation would continue back to Moscow.

On the plane, Abramchenko called back to the Ministry where she spoke with Foreign Minister Albrecht on a secure and encrypted line.

"Hey Victoria, I am glad to hear you are safe and in good health. I spoke with Boris after our call with Dimitry and it is safe to say he is not ecstatic with how the meetings went. He doesn't blame you but...still. He had hoped for the meeting. I'm working with the Federal Security Council to brief him on the situation in Thailand and how rapidly it has deteriorated. Lucie said as she scrolled through her inbox. "It was not an easy trip, to say the least. However, I hope I can deliver Viet Nam to him and help ease his situation. I understand the pressure he is facing back home but...I don't think that an agreement with Thailand would've fixed that. They are ruled by a bunch of liars permeating lie after lie," Abramchenko said as she gauged what angle the Foreign Minister was trying to run.

"Victoria, handling foreign relations falls under my duties. It is my responsibility to advise the government and see their policies through. This matter is not yours to worry about. We are relieved that you made it out of Thailand safely. Boris will be expecting you back in Moscow and will be glad to welcome you. He was prepared to take necessary actions to ensure your safe return. Anyway, what are you thoughts on the Viet Nam dossier?" Lucie asked as she read an email from an Australian Minister.

"Yes I read the document, Klava also gave me a copy of the cable you sent them, I think there is some good potential. This whole region is just too humid and everything and everyone feels so fake...like one of those North Korean movies." Abramchenko said before adding. "I don't know if I'd trust Viet Nam to be any different, or encouraged to sidestep Bangkok at a time when they've finally got an ideological alignment.

"We've waded the waters there. Viet Nam is a traditional and historic ally of ours and it is at least a courtesy to visit them. I'd go myself but you are in the region and I also felt it would be safer if you traveled through Viet Nam in case Thailand tried to intercept your plane." Lucie said as she took a look at the Viet Nam files. "I've also informed the Prime Minister of the Thai Setback and also raised the Vietnam ticket to her office," Lucie said closing her calendar and turning back to the minutes. "We are hopeful for a regional breakthrough but also one that is going to restore a crucial part of our overseas network. Viet Nam is important Victoria. Lucie said closing her computer as she got ready to head to the government complex. "I understand Lucie." Abramchenko said as she figured this was the end of the call. "Take care and pass my regards to Dasha," Abramchenko said. "Will do, I look forward to seeing you back in Moscow Viktoria. Stay safe out there." Lucie said disconnecting from the call.

With that Klava would come closer to speak with Abramchenko about the situation. "So. What did they say?" She asked Viktoria. "Foreign Minister Albrecht says not to worry about the blowback. Which is nice of her I guess." Abramchenko said as she reclined her seat further. "It seems that the situation came as a surprise to the Government and they are not happy. Not to mention those roaches in Parliament, it'll be a tough week for them back at base. Abramchenko said as Klava took a seat next to her. "I am guessing then that the Viet Nam trip will be important to change the news cycle no?" Klava asked as she as she recounted what happened in Thailand.

Abramchenko nodded. "That but also this is an important project. It'll restore Russia's presence in the region and also give us the ability to strike Thailand in the future. The talk in Moscow is not looking good for our relations with them." Abramchenko said as she took a sip from the water next to her."

"You think they're going to launch a strike on Thailand?" Klava asked curiously. "No...not anytime soon at least. But the position will give us the ability to show force. More importantly...they're hoping to stop Viet Nam from flipping back into Washington's sphere of influence. It would be a diplomatic catastrophe if Viet Nam is flipped by Washington again. It'll kill Nemtsov." Abramchenko said remembering what happened to Yeltsin when Washington and Hanoi signed a Korean-brokered normalization agreement. "Anyway. Let's get some rest and refresh before meeting the Vietnamese." Abramchenko said as she got up to use the lady's room.

When they landed in Hanoi, Abramchenko would greet her Vietnamese hosts as she followed them to their Government offices.

HeadlessSeeker

 

[HeadlessSeeker]

Encrypted and Secret

Priority would be given to the Russian plane at Noi Bai International Airport. After they would exit the plane they would meet Minister of Foreign Affairs Nguyễn Dy Niên and Vice President Trương Mỹ Hoa. A security detail on site as well as a secure limousine awaiting in the parking area."Welcome to Hanoi. I trust your flight was pleasent? I am Minister of Foreign Affairs Nguyễn Dy Niên." The Minister introduced themselves.

"I am Vice President Trương Mỹ Hoa. Welcome to Viet Nam."

 

[Jay]

"The pleasure is mine," Abramchenko said as she shook hands with the Vietnamese. "Deputy Prime Minister Viktoria Abramchenko, it is a pleasure to make you acquaintance." She said to the Vice president as they walked towards the motorcade. "It is a pleasure to be in Hanoi. I can not say I have had that privilege before but it is a very beautiful country from the sky." She said with a smile as she got into the vehicle. Her security detail and other staff would get into other vehicles in the motorcade.

HeadlessSeeker

 

[HeadlessSeeker]

Private

"I think you will find it is a beutiful country from the ground as well. If you have time I can show you some of our landmarks after we have our meeting." The Vice President would state as he and the Minister would enter the vehicle with their Russian guests. The vehicles starting to drive once everyone was inside.

"Thank you for coming on such short notice. It is our hope that today will be the start of us building strong ties with one another. No doubt you have been informed that our military has already begun making purchases."

 

[Jay]

"I look forward to discovering that beautiful nation." She said as the two sat in the vehicle. As they drove Abramchenko nodded as she listened to the Vice President. "Not at all. It was honestly a pleasure to be able to make this trip. Viet Nam and Russia are historic allies. I had relatives who were sent to help train the Vietnamese army to fight the American occupation and their southern puppets. I am happy to see Vietnam today be a free and prosperous nation. I am aware of your military's efforts to rebuild itself and I can assure you Moscow sees Viet Nam as a historic and long-term ally. I hope we can take that partnership from transactional to inter-personal. The Indo-Pacific continues to face geopolitical instability in part from reactionary powers like Thailand seeking to redefine the status quo and other minor powers such as Australia seeking to maintain Anglo-American hegemony in the region.

It is Russia's belief that the rules-based order means nation choose a path defined and protected by the customs and norms of states. Viet Nam has historically been an ally in this regard. I hope that Russia and Viet Nam will be strong partners that seek to maintain stability in a region under threat from foreign powers. I look forward to discussing this more comprehensively."

HeadlessSeeker

 

[HeadlessSeeker]

Secret and Secure

"It would be fantastic if we can move beyond that level and onto a closer relationship between our nations. The historic friendship between Viet Nam and Russia is something we wish to nurture back to vibrancy. With that in mind, our hope is for Viet Nam to become a regional leader within the next few years

It sounds like Australia may very well provide a major issue for us to deal with. The last thing we need is for other outside nations to destabilize the region.

But yes, in your messages you had some proposals we can go over once we get into the office."

The Limosine was pulling up to the Ministry of Foreign Affairs building at this point.

"Looks like we are here. Shall we?"

Jay

 

[Jay]

"I hope Russia will be able to do its part to help Viet Nam achieve its destiny in the region. Southeast Asia has always been safer when it was Hanoi calling the shots." Viktoria said with a smile."As for the Australians, I can't say we've had much contact with the current government, they don't seem to last that long. However, I'd like to understand why they will become an issue and their efforts to destabilize the region." Viktoria responded as she got out of the vehicle and followed the Vice President inside.

Once they were seated, the Minister would have binders presented to the Vietnamese as she and her delegation took their seats. After everyone was well adjusted she would start. "Vice President Trương, please accept President Nemtsov's earnest appreciation for this opportunity. He hopes he may extend to His Excellency President Trần in the coming weeks a formal invitation for a state visit to Moscow. Viet Nam has been a historic and reliable ally of Russia since the days of the Soviet Union." She said with an added pause as she looked back up at the Vice President. "It was our shared values that saw the complete eviction of America from Viet Nam and gaining true independence. It was our shared values that saw the advancements in the quality of life of millions of Vietnamese from decades of impoverishment from French colonialism. It is my new hope that the values which our nations now share will help us reap the benefits of the century they now call the Asian century." Abramchenko said with a smile.

"My Government recognizes the importance of our bilateral relationship with Viet Nam but also the pressing security risks your nation faces. In order to advance our capabilities my government would like to request ownership of Yên Bái Air Base, Bien Hoa Air Base, and An Thoi Naval Base to permit the stationing of Russian personnel, radar and signal intelligence equipment, and equipment.

This deployment will see a long-term commitment by Russia to defend Viet Nam from all forms of aggression. Furthermore, my Government will undertake to ensure Viet Nam is armed with the means of executing its own self-defense. I hope that as part of this agreement, the Russian Armed Forces will continue to be permitted to use refueling facilities and make port calls in Viet Nam." The Vice President would see the following table in their binder.

Facility	Force Composition	Supporting Elements
Yên Bái Air Base	Air Force Interceptor & Multirole Fighter Presence	Air Force Ground Crew, Air Force Base Protection Force, Air Force Speztsnaz, Air Force Intelligence Officers
Bien Hoa Air Base	Air Force Interceptor & Multirole Fighter Presence	Air Force Ground Crew, Air Force Base Protection Force, Air Force Speztsnaz, Air Force Intelligence Officers
An Thoi Naval Bas	Battlecruiser Strike Group	Naval Maintenance Group, Naval Base Protection Force, Navy GRU Spetzsnaz, Naval Intelligence Officers

"In light of recent diplomatic challenges with Thailand, the Russian Government was forced to close its diplomatic mission in Bangkok. These challenges include the harassment of Russian diplomats, the attempted seizure of our delegation's documents, and the attempted kidnapping of me and my delegation. As is customary in international law, Russia hopes to designate Viet Nam as a protecting power for Russia's diplomatic interests and consular services in Thailand. I hope this proposal is acceptable to your government.

The Russian Government would also like to sign a trade agreement with Viet Nam and cement economic ties between our two countries and build upon decades of economic growth spurred by Russo-Vietnamese cooperation. I have a draft proposal available for you if it pleases you to begin that discussion now. However, I would also like to learn more about Viet Nam's regional goals and ambitions, the destabilizing role that Australia is playing, and other concerns of your government. Thank you." The Deputy Prime Minister said turning off her microphone.

HeadlessSeeker

 

[HeadlessSeeker]

Secure & Secret

"I think we may be able to accommodate your request for access to these facilities. However, it would need to be under a joint use agreement. Viet Nam would also require a treaty of friendship to go along with this. One that will have to be ratified by both governments and seen as legally binding under international law."

"This situation you mention between yourselves and Thailand sounds most troubling. I think our immediate goal must be to see a warming of relations between your two nations. For if we do not see to it that this happens then your presence may be a source of tension between Thailand and Vietnam. However, until this has been done we can be the protecting power you require. Vietnam would also be willing to offer a neutral ground for official meetings between your governments."

"I would also like to see this proposal you mentioned."

Jay

 

[Jay]

"My Government would need to see the language of this treaty of friendship, unless it is merely declaratory, in which case I do not see any issue with it," Abramchenko said as she looked at her notes. "Just to clarify, we are comfortable to sign a treaty of friendship, I just can't speak on behalf of my government on that point." Abramchenko clarified before getting back to the point of bases. "The joint use is acceptable to Russia, we would require a SOFA agreement to be signed to allow us to bring forces into Viet Nam. In addition to limitations on foreign powers from accessing those facilities given our placement of advanced weapons.

She said pulling out some papers from her binder. "As for the situation with Thailand, unfortunately, the hostile acts of Thailand including selling our equipment illegally, engaging in lawfare at the ICJ, smearing Russia's diplomatic image, and attempting to kidnap my delegation and hold it hostage are issues too large to simply...brush aside. Thailand's actions are representative of a rogue regime. Assassinating foreign officials on their territory, attempting to kidnap others, and harassing diplomats." Viktoria said getting towards a point.

"If Thailand sees our presence as a source of tension that remains their own issue. The Russian Government will uphold its commitments to Viet Nam if Thailand attempts to exert undue influence or threats of war against Viet Nam. I will recall that our Government was instrumental in stopping Thailand's attempted invasion of Myanmar. I hope this is a strong demonstration of our commitment to our allies." Abramchenko had a file handed to Vietnamese to bring to the Vice President. "This is the proposed trade agreement my Government would like for our two countries to move forward with."

TRADE AGREEMENT

Russian Federation

Council of Ministers

(DATE)

on the signing, of the Trade Agreement between the Russian Federation, of the one part, and the Socialist Republic of Viet Nam, of the other part

Having regard to the Trade Agreement between the parties as compliant with the requirements of the Government. Including a review by the Ministry of Government Legislation, deliberation by the State Council, and the International Legal Affairs Bureau, and a formal presentation of the agreement to the State Duma:

• (1) On November 18, 2004 the Council of Ministers authorized Her Excellency Prime Minister Kuzmina to negotiate a trade agreement with the Socialist Republic of Viet Nam, hereinafter referred to as Viet Nam, on behalf of the Russian Federation, hereinafter referred to as Russia.
• (2) Those negotiations have been concluded and a Trade Agreement between Russia, of the one part, and Viet Nam, of the other part, hereinafter referred to as ‘the Agreement’, was initiated on January 16, 2005.
• (3) It is appropriate to set out the relevant procedures for the protection of geographical indications which are given protection pursuant to the Agreement.
• (4) The parties should activate the procedures relating to limitations on duty drawback, safeguard, and dispute settlement whenever the conditions established in the relevant provisions of the Agreement are met. The rights of Russia provided for in Article 14 (Drawback of, or exemption from, customs duties) of the Protocol concerning the definition of ‘originating products’ and methods of administrative cooperation of the Agreement should be exercised in accordance with the relevant provisions to be contained in the regulation, as agreed upon by the parties, implementing the bilateral safeguard clause of the Russian-Vietnam Trade Agreement.
• (5) The provisional application foreseen in this decision does not prejudge the allocation of competences between Russia and Poland in accordance with the Treaties,

HAS ADOPTED THIS DECISION:

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Trade Agreement between Russia and Vietnam is hereby approved by the Federal Assembly of the Russian Federation subject to the conclusion of the said Agreement.

Article 2

The President of the Russian Federation is hereby authorized to designate the person(s) empowered to sign the Agreement on behalf of the Republic subject to its conclusion.

Article 3

The State Duma shall conduct its due diligence and fact-finding missions pertaining to the terms of the agreement ahead of the effective date of trade agreement and the entry into force of the protocols on the resolution

Article 4

This Decision shall enter into force on the day of its adoption.

Done at Hanoi, DATE.

For the State Duma, TBA

RECOGNIZING the need for trade relations as a means of developing longstanding and strong partnership based on common principles and values of an open market and fair trade;

DESIRING to further develop close economic relationship as part of and in a manner coherent with their overall relations, and convinced that this Agreement will create a new climate for the development of trade and investment between the Parties;

CONVINCED that this Agreement will create an expanded and secure market for goods and services and a stable and predictable environment for investment, thus enhancing the competitiveness of their firms in global markets;

REAFFIRMING their commitment to the Charter of the Global Assembly and the principles of Asian cooperation and development;

REAFFIRMING their commitment to sustainable development and convinced of the contribution of international trade to sustainable development in its economic, social and environmental dimensions, including economic development, poverty reduction, full and productive employment and decent work for all as well as the protection and preservation of the environment and natural resources;

RECOGNIZING the right of the Parties to take measures necessary to achieve legitimate public policy objectives on the basis of the level of protection that they deem appropriate, provided that such measures do not constitute a means of unjustifiable discrimination or a disguised restriction on international trade, as reflected in this Agreement;

RESOLVED to promote transparency as regards all relevant interested parties, including the private sector and civil society organisations;

DESIRING to raise living standards, promote economic growth and stability, create new employment opportunities and improve the general welfare by liberalising and expanding mutual trade and investment;

SEEKING to establish clear and mutually advantageous rules governing their trade and investment and to reduce or eliminate the barriers to mutual trade and investment;

RESOLVED to contribute to the harmonious development and expansion of world trade by removing obstacles to trade through this Agreement and to avoid creating new barriers to trade or investment between their territories that could reduce the benefits of this Agreement;

DESIRING to strengthen the development and enforcement of labour and environmental laws and policies, promote basic workers’ rights and sustainable development, and implement this Agreement in a manner consistent with these objectives; and



HAVE AGREED AS FOLLOWS:

CHAPTER ONE

OBJECTIVES AND GENERAL DEFINITIONS

Article 1.1

Objectives

1. The Parties hereby establish a free trade area on goods, services, establishment, and associated rules in accordance with this Agreement.

2. The objectives of this Agreement Are:

• (a) to liberalize and facilitate trade in goods between the Parties, in conformity with general practices of fair trade;
• (b) to liberalize trade in services and investment between the Parties;
• (c) to promote competition in their economies, particularly as it relates to economic relations between the Parties;
• (d) to adequately and effectively protect intellectual property rights;
• (e) to contribute, by removing barriers to trade and by developing an environment conducive to increased investment flows, to the harmonious development and expansion of world trade;
• (f) to commit, in the recognition that sustainable development is an overarching objective, to the development of international trade in such a way as to contribute to the objective of sustainable development and strive to ensure that this objective is integrated and reflected at every level of the Parties’ trade relationship; and
• (g) to promote foreign direct investment without lowering or reducing environmental, labor or occupational health and safety standards in the application and enforcement of environmental and labor laws of the Parties.
• 
  Article 1.2
  General definitions

Throughout this Agreement, references to:

The Parties mean, on the one hand, the Russian Federation (hereinafter referred to as Russia), and on the other hand, Vietnam;

The Agreement means the Trade Agreement for Trade and Cooperation between the Russian Federation and the Socialist Republic of Vietnam.

CHAPTER TWO

NATIONAL TREATMENT AND MARKET ACCESS FOR GOODS

SECTION A

Common provisions

Article 2.1

Objective

The Parties shall progressively and reciprocally lower barriers in trade over specified goods over a transitional period starting from the entry into force of this Agreement, in accordance with this Agreement

Article 2.2

Scope and Coverage

This Chapter shall specifically trade in goods between the Parties as follows.

• (a) Final products produced within Russia and/or assembled by companies registered in Russia covering the following products;
  1. Automobile and automobile parts, Semiconductors, and Electronics
• (b) Primary Goods produced by Russia Vietnam and/or extracted and refined by companies registered in Russia covering the following products;
  1. Tungsten and Molybdenum
• (c) Primary Goods and Energy Services provided by Vietnam and/or extracted and shipped by companies registered in Vietnam covering the following products;
  1. Petroleum and Natural Gas
• (d) Final goods and products produced within Vietnam contingent on production within Vietnam covering the following products;
  1. Footwear, and Clothing

Article 2.3

Customs duty

For the purposes of this Chapter, a customs duty includes any duty or charge of any kind imposed on, or in connection with, the importation of a good, including any form of surtax or surcharge imposed on, or in connection with, such importation. It Shall and not include any:

(a) charge equivalent to an internal tax imposed in respect of the like domestic good or in respect of an article from which the imported good has been manufactured or produced in whole or in part;

(b) duty imposed pursuant to a Party’s law consistently with Chapter Three (Trade Remedies);

(c) fee or other charge imposed pursuant to a Party’s law consistently with Article 2.10;

Article 2.4

Classification of goods

The classification of goods in trade between the Parties shall be that set out in each Party’s respective tariff nomenclature interpreted in conformity with the Harmonized System of the International Convention on the Harmonized Commodity Description and Coding System

Elimination of customs duties

Article 2.5

Elimination of customs duties

1. Except As otherwise provided by the Agreement, each Party shall eliminate its customs duties on originating goods of the other Party in accordance with section A article 2.2.

3. As agreed upon by the two parties, Section A, Article 2.2, sub-article d, a quota rate appropriate determined by the Russian Trade Ministry shall be applied. The quota base shall be equivalent with the rate of lowest tariffs applied to most-favored-nation. That duty rate shall apply as regards trade covered by this Agreement if and for as long as the two parties maintain a quota basis for conducting trade under sub-article d of Section A.

4. Five years after the entry into force of this Agreement, on the request of either Party, the Parties shall consult to consider accelerating and broadening the scope of the elimination of customs duties on imports between them and expand Section A, Article 2.2. Scope and Coverage. Following such consultations, on the acceleration or broadening of the scope of the elimination of a customs duty on a good shall supersede any duty rate or staging category determined.

Article 2.6

Standstill

Except as otherwise provided in this Agreement, neither Party may increase any existing customs duty, or adopt any new customs duty, on an originating good of the other Party. This shall not preclude that either Party may raise a customs duty to the minimum level agreed upon by this agreement following a unilateral reduction.

Article 2.7

Administration and implementation of tariff-rate quotas

2. Each Party shall ensure that:

• (a) its procedures for administering its tariff-rate quotas (herein referred to as TRQs) are transparent, made available to the public, timely, non-discriminatory, responsive to market conditions, minimally burdensome to trade, and reflect end-user preferences;
• (b) any person of a Party that fulfils the importing Party’s legal and administrative requirements shall be eligible to apply and to be considered for a TRQ allocation by the Party. Unless the Parties otherwise agree by decision of the Committee on Trade in Goods, any processor, retailer, restaurant, hotel, food service distributor or institution, or any other person is eligible to apply for, and to be considered to receive, a TRQ allocation. Any fees charged for services related to an application for a TRQ allocation shall be limited to the actual cost of the services rendered;
• (c) except as specified in Article 2.5 Clause 3, it does not allocate any portion of a TRQ to a producer group, condition access to a TRQ allocation on the purchase of domestic production, or limit access to a TRQ allocation to processors; and it allocates TRQs in commercially viable shipping quantities and, to the maximum extent possible, in the amounts that importers request.
• (d) each TRQ allocation shall be valid for any item or mixture of items subject to a particular TRQ, regardless of the item’s or mixture’s specification or grade, and shall not be conditioned on the item’s or mixture’s intended end-use or package size.

3. Each Party shall identify the entity responsible for administering its TRQs.

4. Each Party shall make every effort to administer its TRQs in a manner that allows importers to fully utilize TRQ quantities

5. Neither Party may condition application for, or utilization of, TRQ allocations on the re-export of a good.

SECTION C

Non-tariff measures

Article 2.8

National treatment

Each Party shall accord national treatment to goods of the other Party.

Article 2.9

Import and export restrictions

Neither Party may adopt or maintain any prohibition or restriction other than duties, taxes or other charges on the importation of any good of the other Party or on the exportation of sale for export of any good destined for the territory of the other Party/

Article 2.10

Fees and other charges on imports

Each Party shall ensure that all fees and charges of whatever character (other than customs duties and the items that are excluded from the definition of a customs duty under Article 2.3(a), (b) and (d)) imposed on, or in connection with, importation are limited in amount to the approximate cost of services rendered, are not calculated on an ad valorem basis, and do not represent an indirect protection to domestic goods or taxation of imports for fiscal purposes.

Article 2.11

Duties, taxes or other fees and charges on exports

Neither Party may maintain or institute any duties, taxes or other fees and charges imposed on, or in connection with, the exportation of goods to the other Party, or any internal taxes, fees and charges on goods exported to the other Party that are in excess of those imposed on like goods destined for internal sale.

SECTION D

Specific exceptions related to goods

Article 2.12

General exceptions

1. The Parties affirm that their existing rights and obligations under Charter of the Global Assembly and organ agencies decisions, which are incorporated into and made part of this Agreement, shall not be considered a renegation on the terms of this agreement should a party be subject to export/import restrictions.

2. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith the precautionary measures necessary to deal with the situation and shall inform the other Party immediately thereof.

SECTION F

MOTOR VEHICLES AND PARTS

Article 1

General Provisions

Recognizing the importance of motor vehicles and parts for growth, employment, and trade for both Parties, the Parties confirm their shared objectives and principles, for these products, of:

• (a) ensuring full market access by elimination of tariffs and non-tariff obstacles to bilateral trade pursuant to this Agreement by Vietnam;
• (b) promoting the compatibility of regulations based on international standards;
• (c) establishing competitive market conditions based on principles of openness, non-discrimination, and transparency;
• (d) securing the protection of human health, safety, and environment; and
• (e) enhancing cooperation to foster continued mutually beneficial development in trade.
• (f) aiming for the deliverance on the target goal of annual imports of automobiles of the Vietnamese Government as signified in the trade negotiations.

Article 2

Regulatory convergence

1. The Parties recognize that the World Forum for Harmonization of Vehicle Regulations (hereinafter referred to as the ‘WP.29’), is the relevant international standard-setting body for the products covered by this Annex.

Article 3

Market access

Vietnam shall allow on its market the products originating or assembled by companies registered in Russia, in accordance with this Agreement:

(ii) Vietnam shall accept any product that complies with the requirements listed in Article 2.5 as complying with the corresponding provisions of the applicable Russian technical regulations (1);

CHAPTER THREE

TRADE REMEDIES

SECTION A

Bilateral safeguard measures

Article 3.1

Application of a bilateral safeguard measure

1. If, as a result of the reduction or elimination of customs duty under this Agreement, originating goods of a Party are being imported into the territory of the other Party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to a domestic industry producing like or directly competitive goods, the importing Party may adopt measures to safeguard the respective industry/good.

2. The importing Party may take a bilateral safeguard measure which:

(a) suspends further reduction of the rate of customs duty on the good concerned provided for under this Agreement; or

(b) increases the rate of customs duty on the good to a level which does not exceed the lesser of:

• (i) the MFN applied rate of customs duty on the good in effect at the time the measure is taken;

Article 3.2
Conditions and limitations

1. A Party shall notify the other Party in writing of the initiation of an investigation and consult with the other Party as far in advance of applying a bilateral safeguard measure as practicable, with a view to reviewing the information arising from the investigation and exchanging views on the measure.

2. A Party shall apply bilateral safeguard measures only following an investigation by its competent authorities.

3. Each Party shall ensure that its competent authorities complete any such investigation within one year of its date of initiation.

4. Neither party may apply a bilateral safeguard measure:

• (a) except to the extent, and for such time, as may be necessary to prevent or remedy serious injury and to facilitate adjustment;
• (b) for a period exceeding two years, except that the period may be extended by up to two years if the competent authorities of the importing Party determine, in conformity with the procedures specified in this Article, that the measure continues to be necessary to prevent or remedy serious injury and to facilitate adjustment and that there is evidence that the industry is adjusting, provided that the total period of application of a safeguard measure, including the period of initial application and any extension thereof, shall not exceed four years; or
• (c) beyond the expiration of the transition period, except with the consent of the other Party.

Article 3.3

Provisional measures

In critical circumstances where delay would cause damage that would be difficult to repair, a Party may apply a bilateral safeguard measure on a provisional basis pursuant to a preliminary determination that there is clear evidence that imports of an originating good from the other Party have increased as the result of the reduction or elimination of a customs duty under this Agreement, and such imports cause serious injury, or threat thereof, to the domestic industry. The duration of any provisional measure shall not exceed 200 days. The Party shall promptly refund any tariff increases if the investigation does not result in a finding that the requirements of Article 3.1 are met.

Article 3.4

Compensation

1. A Party applying a bilateral safeguard measure shall consult with the other Party in order to mutually agree on appropriate trade liberalizing compensation in the form of concessions having substantially equivalent trade effects or equivalent to the value of the additional duties expected to result from the safeguard measure. The Party shall provide an opportunity for such consultations no later than 30 days after the application of the bilateral safeguard measure.

2. If the consultations do not result in an agreement within 90 days after the consultations begin, the Party whose goods are subject to the safeguard measure may suspend the application of substantially equivalent concessions to the Party applying the safeguard measure.

3. The right of suspension referred to Paragraph Shall not be exercised for the first 24 months during which a bilateral safeguard measure is in effect, provided that the safeguard measure conforms to the provisions of this Agreement.

SECTION D

Anti-dumping and countervailing duties

Article 3.5

General provisions

1. The Parties agree that anti-dumping and countervailing duties should be used in full compliance with the relevant international requirements and should be based on a fair and transparent system as regards proceedings affecting goods originating in the other Party. For this purpose the Parties shall ensure, immediately after any imposition of provisional measures and in any case before the final determination, full and meaningful disclosure of all essential facts and considerations which form the basis for the decision to apply measures without prejudice. Disclosures shall be made in writing, and allow interested parties sufficient time to make their comments.

2. In order to ensure the maximum efficiency in handling anti-dumping or countervailing duty investigations, and in particular considering the adequate right of defence, the use of English shall be accepted by the Parties for documents filed in anti-dumping or countervailing duty investigations. Nothing in this paragraph shall prevent Russia or Vietnam from requesting a clarification written in Russian or Vietnamese if:

(a) the meaning of the documents filed is not deemed reasonably clear by the Parties’ investigating authorities for the purposes of the anti-dumping or countervailing duty investigation; and

(b) the request is strictly limited to the part which is not reasonably clear for the purposes of the anti-dumping or countervailing duty investigation.

3. Provided that it does not unnecessarily delay the conduct of the investigation, interested parties shall be granted the opportunity to be heard in order to express their views during the anti-dumping or countervailing duty investigations.

Article 3.6

Notification

1. After receipt by a Party’s competent authorities of a properly documented anti-dumping application with respect to imports from the other Party, and no later than 15 days before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application.

2. After receipt by a Party’s competent authorities of a properly documented countervailing duty application with respect to imports from the other Party, and before initiating an investigation, the Party shall provide written notification to the other Party of its receipt of the application and afford the other Party a meeting to consult with its competent authorities regarding the application.

Article 3.7

Consideration of public interests

The Parties shall endeavor to consider the public interests before imposing an anti-dumping or countervailing duty.

Article 3.8

Lesser duty rule

Should a Party decide to impose an anti-dumping or countervailing duty, the amount of such duty shall not exceed the margin of dumping or countervailable subsidies, and it should be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.

Article 3.9

Dispute settlement

Neither Party may have recourse to dispute settlement for any matter arising under this Section.

CHAPTER FOUR

TECHNICAL BARRIERS TO TRADE

Article 4.1

Affirmation of the principles of technical Barriers to Trade

The Parties affirm their existing rights and obligations with respect to each other under the principles on reducing technical barriers to trade which are incorporated into and made part of this Agreement.

Article 4.2

Marking and labelling

1. The Parties note that a technical regulation may include or deal exclusively with marking or labelling requirements, and agree that where their technical regulations contain mandatory marking or labelling, they will observe that technical regulations should not be prepared with a view to, or with the effect of, creating unnecessary obstacles to international trade, and should not be more trade restrictive than necessary to fulfil a legitimate objective.

2. In Particular,theParties agree that were Party requires mandatory marking or labelling of products:

(a) the Party shall endeavor to minimize its requirements for marking or labelling other than marking or labelling relevant to consumers or users of the product. Where labelling for other purposes, for example, for fiscal purposes is required, such a requirement shall be formulated in a manner that is not more trade restrictive than necessary to fulfil a legitimate objective;

(b) the Party may specify the form of labels or markings, but shall not require any prior approval, registration or certification in this regard. This provision is without prejudice to the right of the Party to require prior approval of the specific information to be provided on the label or marking in the light of the relevant domestic regulation;

(c) where the Party requires the use of a unique identification number by economic operators, the Party shall issue such number to the economic operators of the other Party without undue delay and on a non-discriminatory basis;

(d) the Party shall remain free to require that the information on the marks or labels be in a specified language. The simultaneous use of other languages shall not be prohibited, provided that, either the information provided in the other languages shall be identical to that provided in the specified language, or that the information provided in the additional language shall not constitute a deceptive statement regarding the product; and

Article 4.3

Market access

1. With respect to market access through the Cross-border supply of services, each Party shall accord to services and service suppliers of the other Party treatment no less favorable than that provided for under the terms, limitations, and conditions agreed and specified in the specific commitments made by the Parties.

2. In sectors where market access commitments are undertaken, the measures which a Party shall not adopt or maintain either on the basis of a regional subdivision or on the basis of its entire territory, are defined as:

• (a) limitations on the number of service suppliers whether in the form of numerical quotas, monopolies, exclusive service suppliers or the requirement of an economic needs test (9);
• (b) limitations on the total value of service transactions or assets in the form of numerical quotas or the requirement of an economic needs test; and
• (c) limitations on the total number of service operations or on the total quantity of service output expressed in the terms of designated numerical units in the form of quotas or the requirement of an economic needs test (10).

CHAPTER FIVE

Article 5.1

Rules of interpretation

Any arbitration panel shall interpret the provisions referred to in Article 14.2 in accordance with customary rules of interpretation of public international law, including those codified in the Vienna Convention on the Law of Treaties. Where an obligation under this Agreement is identical to an obligation under the WTO Agreement, the arbitration panel shall adopt an interpretation which is consistent with any relevant interpretation established in rulings of the WTO Dispute Settlement Body (hereinafter referred to as the ‘DSB’). The rulings of the arbitration panel cannot add to or diminish the rights and obligations provided for in the provisions referred to in Article 14.2.

Article 5.2

Arbitration panel decisions and rulings

1. The arbitration panel shall make every effort to take Any decision by consensus. Where, nevertheless, a decision cannot be arrived at by consensus, the matter at issue shall be decided by majority vote. In no case shall dissenting opinions of arbitrators be published.

2. Anyrulingofthearbitrationpanelshall Binding The Parties shall not create any rights or obligations for natural or legal persons. The ruling shall set out the findings of fact, the applicability of the relevant provisions of this Agreement and the basic rationale behind any findings and conclusions that it makes. The Trade Committee shall make the arbitration panel rulings publicly available in its entirety unless it decides not to do so.

SECTION D

General Provisions

Article 5.3

List of arbitrators

1. The Trade Committee shall, no later than six months after the entry into force of this Agreement, establish a list of 15 individuals who are willing and able to serve as arbitrators. Each Party shall propose five individuals to serve as arbitrators. The Parties shall also select five individuals who are not nationals of either Party and shall act as chairperson to the arbitration panel. The Trade Committee will ensure that the list is always maintained at this level.

Security exceptions

Nothing in this Agreement shall be construed:

• (a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;
• (b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests:
  • (i) connected with the production of or trade in arms, munitions or war material or relating to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment;
  • (ii) relating to fissionable and fusionable materials or the materials from which they are derived; or
  • (iii) taken in time of war or other emergency in international relations; or
• (c) to prevent any Party from taking any action in order to carry out its international obligations for the purpose of maintaining international peace and security.

Article 5.4
Entry into force

1. ThisAgreementshallbeapprovedbythePartiesin accordance with their own procedures.

2. ThisAgreementshallenterintoforce60daysafterthe date the Parties exchange written notifications certifying that they have completed their respective applicable legal requirements and procedures or on such other date as the Parties may agree.

3. Notwithstanding Paragraphs 2 And 5,the Parties shall apply the Protocol on Cultural Cooperation from the first day of the third month following the date when Russia has deposited its instrument of ratification of the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions adopted in Paris on 20 October 2005 (hereinafter referred to as the ‘UNESCO Convention’) to the UNESCO Secretariat in Paris unless Russia has deposited its instrument of ratification of the UNESCO Convention before the exchange of notifications referred to in paragraphs 2 or 5.

4. NotificationsshallbesenttotheSecretary-Generalofthe Council of the European Union and to the Ministry of Foreign Affairs and Trade of Russia, or its successor.

2. Either Party immediately take appropriate measures in accordance with international law in case of denunciation of this Agreement not sanctioned by the general rules of international law.

Article 5.5

Relation with other agreements

1. The present Agreement shall be an integral part of the overall bilateral relations.

2. The Parties agree that nothing this Agreement requires them to act in a manner inconsistent with their obligations under the Global Assembly.

Article 5.6

Territorial application

1. This Agreement shall be provisionally applied from the first day of the month following the date on which Russia and Vietnam have notified each other of the completion of their respective relevant procedures.

2. In the event that certain provisions of this Agreement cannot be provisionally applied, the Party which cannot undertake such a provisional application shall notify the other Party of the provisions which cannot be provisionally applied. Provided the other Party has completed the necessary procedures and does not object to the provisional application within 10 days of the notification that certain provisions cannot be provisionally applied, the provisions of this Agreement which have not been notified shall be provisionally applied on the first day of the month following the notification.

4. A Party may terminate a provisional application by written notice to the other Party. Such termination shall take effect on the first day of the month following notification.

5. Where this Agreement, or certain provisions thereof, is provisionally applied, the term ‘entry into force of this Agreement’ shall be understood to mean the date of provisional application.

Article 5.7
Duration

1. This Agreement shall be valid Indefinitely.

2. Either Party may notify in writing the other Party of its intention to denounce this Agreement.

3. The denunciation will take effect nine months after the notification.

Article 5.8

Fulfillment of obligations

1. The Parties shall take any general or specific measures required to fulfil their obligations under this Agreement. They shall see to it that the objectives set out in this Agreement are attained.

2. The Agreement shall apply to the territories in which are recognized as part of Vietnam by the Global Assembly, on the one hand, and to the territories of Russia which are recognized by the Global Assembly on the other hand.

3. These provisions concerning the tariff treatment of goods, this Agreement shall also apply to those areas of the respective parties' customs territory.

Article 5.8

Authentic texts

This Agreement is drawn up in duplicate in the Russian and Vietnamese languages being equally authentic.


HeadlessSeeker

 

[HeadlessSeeker]

Secure and Secret

"I see. No I agree with you. This is a matter that cannot be simply brushed aside. This is a situation where relations must be repaired over a course of time and trust rebuilt." They said locking their fingers together."This, we shall achieved with careful diplomacy and see wrongs are righted. If you could at some point give us a formal complaint we can then bring it up with Thailand and bring them to the table to see these issues solved and also ensure your delegations safety as well as compensation.

This matter of invasions is something we will have to address as well. Too much instability for trying to build a region."

"As for this document, I see now issue with it. I would happily sign it, but it will need to pass through the National Assembly first. If it does then it will be ratified. But if it doesn't then we come back to the table."

Jay

 

[Jay]

"The Russian Government is a firm proponent of the rules-based order and will continue to abide by it. So long as Thailand runs the course of being at war with that order, I personally doubt that relations will improve." Abramchenko said with a rather cold tone. Given she had herself almost been kidnapped by the Thai Government it was rather expected of the ursually neutral bureaucrat.

"Nevertheless, if Viet Nam is able to rectify Thailand's illegal actions against Russia and will mediate our relationship for the foreseeable future, I do not think that my Government would be opposed. I will ask our Foreign Ministry to prepare a formal complaint and steps to resolve those issues. However I must stress that the current temperature in Moscow is cold to Bangkok." Viktoria said taking a sip of water from her cup.

"I will likewise sign and indicate to my Government we may begin the ratification process including its approval from the State Duma pending their due dillegence. I am happy to have concluded this treaty with Viet Nam and I hope we can see the benefits of this trade agreement. In addition my Government would be interested to know if Viet Nam is willing to sign an investment agreement to the same effect of our trade agreement?" Viktoria asked.

HeadlessSeeker