US-VIETNAM BILATERAL TRADE AGREEMENT
CHAPTER V
BUSINESS FACILITATION
Article 1
To facilitate business activity, and subject to the provisions of Chapters
I (including Annexes A, B, C, D and E), III (including Annexes F and G)
and IV (including Annexes H and I) of this Agreement, each Party shall:
- A. permit nationals and companies of the other Party to import and
use, in accordance with normal commercial practices, office and other
equipment, such as typewriters, photocopiers, computers and facsimile
machines in connection with the conduct of their activities in the territory
of such Party;
- B. subject to its laws and procedures governing immigration and foreign
missions, permit, on a nondiscriminatory basis and at market prices,
nationals and companies of the other Party access to and use of office
space and living accommodations;
- C. subject to its laws, regulations and procedures governing immigration
and foreign missions, permit nationals and companies of the other Party
to engage agents, consultants and distributors of either Party, on prices
and terms mutually agreed between the parties, for their production
and covered investments;
- D. permit nationals and companies of the other Party to advertise
their products and services (i) through direct agreement with the advertising
media, including television, radio, print and billboard, and (ii) by
direct mail, including the use of enclosed envelopes and cards pre-addressed
to that national or company;
- E. encourage direct contact, and permit direct sales, between nationals
and companies of the other Party and end-users and other customers of
their goods and services, and encourage direct contacts with agencies
and organizations whose decisions will affect potential sales;
- F. permit nationals and companies of the other Party to conduct market
studies, either directly or by contract, within its territory;
- G. permit nationals and companies of the other Party to stock an adequate
supply of samples and replacement parts for after-sales service for
covered investment products; and
- H. provide non-discriminatory access to governmentally-provided products
and services, including public utilities, to nationals and companies
of the other Party at fair and equitable prices (and in no event at
prices greater than those charged to any nationals or companies of third
countries where such prices are set or controlled by the government
in connection with the operation of their commercial representations).
Article 2
For purposes of this Chapter, the term "nondiscriminatory"
means treatment that is at least as favorable as the better of national
treatment or most favored nation treatment.
Article 3
In case of conflict between any provision of this Chapter and any provision
of Chapters I (including Annexes A, B, C, D and E), III (including Annexes
F and G) and IV (including Annexes H and I), the provision of the Chapters
I, III and IV shall control to the extent of the conflict.
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