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Article 3 Specific Requirements

Article 3
Specific Requirements

 

1. Each authorised enterprise of Russia is eligible to establish only one joint venture in the territory of Viet Nam. The authorised enterprises of Russia may establish totally up to four joint ventures to manufacture motor transport vehicles in the territory of Viet Nam.

2. If the Russian Party intends to add or replace the authorised enterprises of Russia indicated in Article 1 (Definitions) of this Protocol, the Ministry of Industry and Trade of Russia (MOlT of Russia) shall send the Ministry of Industry and Trade of Viet Nam (MOlT of Viet Nam) a written proposal and the feasibility study(ies) of the newly proposed authorised enterprises of Russia which include(s) the type(s) of motor transport vehicles to be produced in the territory of Viet Nam. The Vietnamese Party shall confirm the eligibility of the newly proposed authorised enterprise(s) of Russia within 20 working days from the date of receipt of the proposal and the feasibility study(ies) from the Russian Party. Such newly proposed authorised enterprise(s) of Russia shall be required to have had actual manufacture activities of motor transport vehicles in the territory of Russia for at least 10 consecutive years before the date of entry into force of this Protocol and shall not be:

a. owned by a person(s) of a third country other than Russia by beneficially owning more than 50 percent of the equity interest in this (these) authorised enterprise(s); or

b. controlled by a person(s) of a third country other than Russia by having the power to name a majority of its (their) directors or otherwise to legally direct the actions of these authorised enterprise(s).

3. The capital contribution ratio of Vietnamese enterprise(s) in the joint venture(s) shall be at least 50 percent of the total charter capital of the joint venture(s).

4. The joint venture(s) shall be established for the period of at least 10 years but not more than 30 years.

5. The authorised enterprise(s) of Russia in the joint venture(s) shall not transfer their capital in the joint venture(s) to any third party from a third country.

6. Motor transport vehicles manufactured by the joint venture(s) for using in the territory of Viet Nam shall be required to meet the technical regulations, standards and conformity assessment procedures provided for in the respective laws and regulations of Viet Nam.

7. Motor transport vehicles manufactured by the joint venture(s) have to coincide with ideas expressed in the Decision on Approval of Viet Nam's Automobile Industry Development Master Plan to 2020, Vision to 2030. The level of localisation that the joint venture(s) shall achieve for years 2020 and 2025 is set as follows:

 

Year 2020 2025
SUV of"UAZ" 30% 40%
Motor transport vehicles for the transport
often or more persons, including the driver
35% 50%
Trucks 30% 45%
Special purpose motor transport vehicles 25% 40%

 

If the manufacture of motor transport vehicles of the joint venture(s) does not meet such localisation level requirements within 10 years from the date of entry into force of this Protocol, Viet Nam shall have the right to withdraw the Establishment License/Business Registration Certificate of such joint venture(s).

8. The origin of the motor transport vehicles and the origin of the SKD sets imported by the joint venture(s) for the semi-knocked down industrial assembly in the territory of Viet Nam, if assembled into complete motor transport vehicles in the territory of Russia, shall be subject to origin criteria in accordance with Chapter 4 (Rules of Origin) of the EAEU-VN FTA and approved by the Certificate of Origin issued with indication of not less than 55 percent value added content calculated in accordance with Chapter 4 (Rules of Origin) of the EAEU-VN FTA. The value of Vietnamese materials shall be excluded from calculation of value added content.

9. The establishment of the joint venture(s) and the production activities of motor transport vehicles in the territory of Viet Nam shall be in compliance with the agreement(s) concluded by the authorised enterprise(s) of Russia and the interested enterprise(s) of Viet Nam and with the production plan(s) of the joint venture(s) approved by the Vietnamese Party. Such agreement(s) shall contain provisions, which require the authorised enterprise(s) of Russia in the joint venture(s) to provide support for the operation of the joint venture(s) by the following measures:

a. Transferring of technology under the license agreement(s) between the authorised enterprise(s) of Russia and the joint venture(s);

b. Contributing to the development of the automobile parts manufacturing industry in the territory of Viet Nam;

c. Developing the system of automobile maintenance and repair services;

d. Technical personnel training for local workers;

e. Supporting motor transport vehicles, parts and components manufactured by the joint venture(s) for accessing to the markets of other countries including the Eurasian Economic Union;

f. Granting the joint venture(s) an exclusive right to supply the same models of the motor transport vehicles, parts and components manufactured in the territory of Viet Nam by the joint venture(s) in the markets of other ASEAN countries.