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13128 Vietnam - Agreement on Scientific and Technological Cooperation


   
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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13128

 

 

SCIENTIFIC COOPERATION

 

 

 

Agreement Between the
UNITED STATES OF AMERICA
and VIETNAM

 

Signed at Hanoi November 17, 2000

with

Annexes

 

 

 


 

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

 

VIETNAM

Scientific Cooperation

Agreement signed at Hanoi November 17, 2000;
Entered into force March 26, 2001.
With annexes.

AGREEMENT
ON SCIENTIFIC AND TECHNOLOGICAL COOPERATION
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM
The Government of the United States of America and the Government of the Socialist
Republic of Vietnam (hereinafter referred to as "the Parties");
DESIROUS of advancing the wealth of knowledge useful in improving man's well-
being; and
RECOGNIZING the mutual benefits of scientific and technological cooperation;
Have agreed as follows:
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ARTICLE I
In conformity with the existing laws and regulations of their respective countries, the
Parties shall establish and implement a joint program of scientific and technological
cooperation for peaceful purposes on the basis of equality and mutual benefit, and in areas of
mutual interest.
ARTICLE II
With a view to facilitating scientific and technological cooperation, the Parties shall
encourage, if necessary, the conclusion of implementing arrangements to carry out cooperative
activities between their government agencies, under the framework of this Agreement. Such
arrangements shall be concluded in accordance with the applicable laws and regulations in their
respective countries.
ARTICLE III
Scientific and technological cooperation under this Agreement may include, but is not
limited to, the following:
-- Formulation and implementation of joint R&D programs and projects;
-- Exchange of scientific and technological information in keeping with Article V of this
Agreement;
-- Exchange of scientists and technical experts participating in cooperative programs and
projects as well as other activities under this Agreement;
-- Organization of scientific conferences, seminars and workshops on topics of mutual
interest; and
-- Other forms of cooperation as may be agreed upon by the Parties.
3
ARTICLE IV
1. Unless otherwise provided for in an implementing arrangement, each Party or participating
agency shall bear the cost of its participation and that of its personnel engaged in
cooperative activities under this Agreement.
2. Each Party shall conduct cooperative activities within the framework of this Agreement in
accordance with its applicable laws and subject to the availability of appropriated funds.
ARTICLE V
1. Scientific and technological information of a non-proprietary nature derived from
cooperative activities under this Agreement shall be made available to the world scientific
community through customary channels and in accordance with normal practices.
2. The protection and disposition of intellectual property created or made use of in the course
of cooperative activities under the Agreement shall be governed by Annex A entitled
"Intellectual Property", attached hereto, which constitutes an integral part of this
Agreement.
ARTICLE VI
1. Each Party shall use its best efforts to facilitate, pursuant to its applicable laws and
regulations, the entry into and exit from its territory of scientific and technical personnel
involved in cooperative activities under this Agreement.
2. Each Party shall use its best efforts to facilitate, pursuant to its applicable laws and
regulations, the entry into and exit from its territory of equipment and
materials to be utilized in cooperative activities under this Agreement, as well as, personal
effects of scientific and technical personnel involved.
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ARTICLE VII
1. In order to help ensure optimum conditions for the implementation of this Agreement, the
Parties shall establish a Joint U.S.-Vietnam Committee on Scientific and Technological
Cooperation composed of an equal number of representatives designated by each Party.
2. The tasks of the Joint Committee shall be to:
-- Review and assess the progress of cooperative activities under this Agreement;
-- Define new areas of cooperation under this Agreement, and;
-- Discuss other issues as needed related to this Agreement.
3. The Joint Committee on Scientific and Technological Cooperation shall meet alternately in
the United States of America and in Vietnam on mutually agreed dates.
ARTICLE VIII
This Agreement shall not affect the validity or execution of any other international
agreement concluded or to be concluded by either Party.
ARTICLE IX
Any dispute concerning the interpretation or implementation of this Agreement shall be
resolved by consultation or negotiation between the Parties or such other means as they may
mutually decide.
ARTICLE X
This Agreement shall enter into force upon receipt of a written notification by each
Party from the other that each has fulfilled its respective internal procedural requirements
necessary to bring this Agreement into effect. This Agreement may be amended by mutual
5
written consent of the Parties. Any such amendment shall constitute an integral part of this
Agreement and shall enter into force upon signature of both Parties.
ARTICLE XI
This Agreement shall remain in force for five years and shall be automatically extended
thereafter for successive periods of five years each unless either Party notifies the other in
writing of its intention to terminate this Agreement at least six months before it is due to expire.
ARTICLE XII
Either Party may terminate this Agreement at any time upon six months prior written
notice to the other Party. Unless otherwise agreed by the Parties, the termination of this
Agreement shall not affect the completion of any programs or activities undertaken and not
fully completed at the time of termination.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
Governments, have signed this Agreement.
DONE at Hanoi on this seventeenth day of November, 2000, in duplicate, in the
English and Vietnamese languages, both texts being equally authentic.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA:
FOR THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM:
ANNEX A
INTELLECTUAL PROPERTY
Pursuant to Article V of this Agreement:
Each Party, in accordance with its laws and bilateral intellectual property-related agreements
concluded or to be concluded between the Parties, shall ensure adequate and effective
protection of intellectual property created or furnished under cooperative activities of this
Agreement. Unless otherwise agreed by the Parties, specific arrangements with regard to the
scope, allocation of rights and interests, and settlement of disputes concerning intellectual
property rights are provided for in this Annex.
1. SCOPE
1.1 The provisions of this Annex are applicable to all cooperative activities undertaken
pursuant to this Agreement, except as otherwise specifically agreed to by the Parties or
their designees. Each party or its designee reserves the right to introduce alternative
allocation provisions for intellectual property rights in specific implementing
arrangements for cooperative activities, subject to the agreement of the other party.
1.2 For purposes of this Agreement, "intellectual property" shall have the meaning defined
in Article 1.2. of the WTO Agreement on Trade-Related Aspects of Intellectual
Property (TRIPS Agreement), 1994.
1.3 Termination or expiration of this Agreement shall not affect rights or obligations under
this Annex.
2. ALLOCATION OF RIGHTS
2.1 Each Party shall ensure that the other Party can obtain the rights to intellectual property
allocated in accordance with this Annex from its own participants through contracts or
other legal means.
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2.2 The allocation of the rights and interests concerning the intellectual property created and
furnished in the course of cooperative activities between a Party and its nationals shall
be determined by that Party's laws and practices.
2.3 Each Party shall be entitled to a non-exclusive, irrevocable, royalty-free license in all
countries to translate, reproduce, and publicly distribute scientific and technical journal
articles, reports, and books directly arising from cooperation under this agreement. All
publicly distributed copies of a copyrighted work prepared under this provision shall
indicate the names of the authors of the work unless an author explicitly declines to be
named.
2.4 Rights to all forms of intellectual property, other than those rights described in Section
2.3 above, shall be allocated as follows:
a) Visiting researchers, for example, scientists visiting primarily in furtherance of
their education, shall receive intellectual property rights under the policies of the
host institution applicable to its researchers. In addition, each visiting researcher
named as an inventor shall be entitled to a portion of any royalties earned by the
host institution from the licensing of such intellectual property.
b) For intellectual property created during joint research, for example, when the
Parties, participating institutions, or participating personnel have agreed in
advance on the scope of work, each Party shall be entitled to obtain a right and
interest in its own territory, if the form of intellectual property is protected by its
laws. Rights and interests in third countries will be determined in implementing
arrangements. If research is not designated as "joint research" in the relevant
implementing arrangement, rights to intellectual property arising from the
research will be allocated in accordance with paragraph 2.4.a above. In addition,
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each person named as an inventor shall be entitled to a portion of any royalties
earned by either institution from the licensing of the property.
c) Notwithstanding paragraph 2.4.b, if either Party believes that a particular project
may lead to or has led to the creation of intellectual property not protected by the
laws of the other party, the Parties shall immediately hold discussions to
determine the allocation of rights to the intellectual property. If an agreement
cannot be reached within three months of the date of the initiation of the
discussions, cooperation on the project in question shall be terminated at the
request of either Party.
3. SETTLEMENT OF DISPUTES
Disputes concerning intellectual property arising in the implementation of this
Agreement should be resolved through discussions between the concerned participating
institutions or, if necessary, the Parties or their designees. Upon mutual agreement of the
Parties, a dispute shall be submitted to an arbitral tribunal for binding arbitration in accordance
with the applicable rules of international law. Unless the Parties or their designees agree
otherwise in writing, the arbitration rules of UNCITRAL shall govern.
4. BUSINESS-CONFIDENTIAL INFORMATION
In the event that information identified in a timely fashion as business-confidential is
furnished or created under the Agreement, each Party and its participants shall protect such
information in accordance with applicable laws, regulations, and administrative practice.
Information may be identified as "business-confidential" if a person having the information
may derive an economic benefit from it or may obtain a competitive advantage over those who
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do not have it, the information is not gererally known or publicly available from other
sources, and the owner has not previously made the information available without
imposing in a timely manner an obligation to keep it confidential.
ANNEX B
SECURITY OBLIGATIONS
I. PROTECTION OF INFORMATION
Both Parties agree that no information or equipment requiring protection in the interests
of national defense or foreign relations of either Party and classified in accordance with the
applicable national laws and regulations shall be provided under this Agreement. In the event
that information or equipment which is known or believed to require such protection is
identified in the course of cooperative activities undertaken pursuant to this Agreement, it shall
be brought immediately to the attention of the appropriate officials and the Parties shall consult
concerning the need for and level of appropriate protection to be accorded to such information
or equipment.
II. TECHNOLOGY TRANSFER
The transfer of unclassified export-controlled information or equipment between the
Parties shall be in accordance with the relevant laws and regulations of each Party to prevent
the unauthorized transfer or retransfer of such information or equipment provided or produced
under this Agreement. If either Party deems it necessary, detailed provisions for the prevention
of unauthorized transfer or retransfer of such information or equipment shall be incorporated
into the contracts or implementing arrangements.



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