Us And Vietnam Trade Agreement

1. Each contracting party presents criminal proceedings and penalties applicable at least in cases of intentional infringement or violation of copyright or neighbouring rights on a commercial scale. Each contracting party states that the available sentences include custodial sentences or fines, or both, sufficient to ensure deterrence consistent with the amount of sentences imposed for crimes of equivalent severity. 2. Each contracting party submits that, in appropriate cases, its judicial authorities order the seizure, seizure and destruction of goods and materials that are the result of the offence and whose use is mainly carried out during the commission of the offence. 3. Each contracting party may provide that, in appropriate cases, its judicial authorities may impose criminal sanctions for violations of other intellectual property rights other than those covered in paragraph 1 of this article when they are committed intentionally and commercially. Each party ensures that its laws, regulations and administrative procedures of general importance, which concern or affect investments, investment agreements and investment authorizations, are immediately made public or made public by other means. 1. Each party provides companies and nationals of the other party with an effective means of asserting their rights and enforcing rights relating to covered investments. (2) In the event of an investment dispute, the parties to the dispute should endeavour to resolve the dispute through consultations and negotiations, including the application of non-binding third-party procedures. Subject to the provisions of paragraph 3 of this article, a national or company of a contracting party party to an investment dispute may submit the dispute to a settlement under one of the following settlement options:A.

submitted for settlement to the competent courts or administrative tribunals of the contracting party in the territory of which the covered investment was made. A. or B. in accordance with all applicable and previously agreed dispute resolution procedures; or C. in accordance with paragraph 3. 3 A. To the extent that the national or company in question has not submitted the dispute for the purposes of the settlement covered by paragraph 2.A or B and that ninety days have elapsed from the date of the onset of the dispute, the national or company concerned may submit the dispute to the settlement through binding arbitration: (i) the Centre , if both parties are members of the ICSID convention and the Centre is available; or (ii) at the centre`s additional facility, where additional facility is available; or (iii) in accordance with UNCLOS arbitration rules; or (iv) if both parties agree to the dispute, to another arbitration institution or in accordance with other arbitration rules. B. Notwithstanding the fact that a national or a company has filed a dispute in a binding arbitration proceeding under paragraph 3.A, it may ask the courts or administrative tribunals of a contracting party, before the opening of the arbitration proceedings or during the proceedings, to apply for an interim stay to protect rights and interests, which does not involve the payment of damages.

4. Each contracting party agrees that any investment dispute be subject to the resolution of the dispute under point 3.A(iv) through a binding arbitration procedure, in accordance with the choice of the national company or the company covered in point 3.A), (ii) or mutual agreement between the two parties.