United States Vietnam Free Trade Agreement

19. Dezember 2020

1. As far as the establishment is concerned, the acquisition, extension, management, conduct, exploitation and sale of covered investments or any other divestiture of covered investments, each party gives unfavourable treatment to investments in the territory of its own nationals or companies (hereafter referred to as „national treatment“) or to investments in its territory of nationals or companies of a third country (hereafter referred to as „the most favoured treatment of the nation“). value (here is „national treatment and the most privileged national treatment“). Each party ensures that its state-owned enterprises give the most preferential national treatment to investments covered in the supply of its goods or services, subject to paragraph 4.3 of Appendix H. 2.A. A party may adopt or maintain derogations from the obligations set out in paragraph 1 in the sectors or areas covered by Schedule H of this agreement. When such a waiver is adopted, a contracting party cannot require that existing covered investments on the effective date of the waiver be fully or partially divested. B. The obligations in paragraph 1 do not apply to procedures under multilateral agreements under the aegis of the World Intellectual Property Organization regarding the acquisition or maintenance of intellectual property rights.

1. None of the contracting parties may expropriate or nationalize, directly or indirectly, investments by measures akin to expropriation or nationalisation („expropriation“), except for public purposes; in a non-discriminatory manner; against the payment of prompt, appropriate and effective compensation; and in accordance with the ordinary procedure and general principles of treatment set out in Article 3. The compensation is equal to the fair value of the investment expropriated immediately before the response of the expropriated persons; Be paid without delay Include interest at an economically reasonable interest rate from the date of expropriation; Be fully achievable be freely transposable at the time of expropriation during the current market. Fair value does not reflect any change in value that is felt because the expropriation measure was made public prior to the expropriation date. Each party gives covered investments the most privileged national treatment for any measure related to losses suffered on its territory as a result of war or other armed conflicts, revolutions, the national state of emergency, uprisings, unrest or other similar events.