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October 30, 1999


MEMORANDUM OF UNDERSTANDING ON COOPERATION IN AGRICULTURE AND RELATED FIELDS BETWEEN THE REPUBLIC OF THE PHILIPPINES AND THE SOCIALIST REPUBLIC OF VIETNAM

THE REPUBLIC OF THE PHILIPPINES, REPRESENTED HEREIN BY THE HONORABLE EDGARDO J. ANGARA, SECRETARY OF THE DEPARTMENT OF AGRICULTURE, HEREAFTER REFERRED TO AS THE "PHILIPPINES";

AND

THE SOCIALIST REPUBLIC OF VIETNAM, REPRESENTED HEREIN BY THE HONORABLE LE HUY NGO, MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT, HEREAFTER REFERRED TO AS "VIETNAM".

WHEREAS, the Philippines and Vietnam (the "Contracting Parties1') desire to further enhance the existing friendly relations between them through the continuation and development of cooperation in agriculture, agribusiness and related fields as agreed in the signed Memorandum of Understanding by the Secretary of the Philippines Department of Agriculture and the Vietnamese Minister of Agriculture and Food Industry on 31 March 1992 in Hanoi;

WHEREAS, the Contracting Parties desire to further promote agricultural trade and agribusiness investments;

WHEREAS, the Contracting Parties recognize the need to create favorable conditions for enhanced business cooperation between them;

NOW, HERETOFORE, THE PARTIES HEREBY AGREE AS FOLLOWS:

ARTICLE I
General Provision

The Contracting Parties shall pursue cooperative programs and exchanges in the field of agriculture and related fields, and in the promotion of agricultural trade and agribusiness investments in both countries, in accordance with the relevant laws and regulations of their respective countries.

ARTICLE II
Areas of Cooperation

1. vestment ventures, inter alia, and shall include the following:

1.1 Exchange of professionals, scientists, experts and technicians for study, for observation missions, and training;

1.2 Exchange of scientific, technical and market information on agriculture and related fields and its products, in the English language;

1.3 Collaborative studies on mutually agreed specific areas of cooperation;

1.4 Exchange of experiences on national food security policies;

1.5 Organization of workshops, symposia, training courses and exhibitions on subjects of mutual interests;

1.6 Conduct of market facilitation activities including agricultural products trade fairs and special exhibitions;

1.7 Implementation of joint venture projects in agribusiness; and

1.8 Exchange of genetic resources of plants, animals and micro-germplasms, in accordance with the national policies of both Contracting Parties.

2. The Contracting Parties shall encourage the involvement of concerned agencies, the academe, scientific and business communities, both in the public and private sectors of both countries to generate broad interest and increased activities.

3. To promote agricultural trade, the Contracting Parties shall endeavor to create favorable conditions for import and export of important products, especially rice and fertilizers, including counter-trade arrangements, without prejudice to their respective commitments under existing bilateral and multilateral arrangements.

4. The Contracting Parties shall endeavor to advocate a favorable agribusiness condition and goodwill to their respective business peoples, in order to encourage and facilitate direct contacts between their respective private sectors and/or business communities.

ARTICLE III
Implementing Arrangement

The Contracting Parties agree to implement this Memorandum in accordance with the framework of the World Trade Organization (WTO). Any discrepancy in the quality of products traded or to be traded shall be settled in accordance with applicable standards, including sanitary and phytosanitary standards (SPS), and dispute settlement procedures in compliance with international conventions and practices.

ARTICLE IV
Expenses and Other Forms of Assistance

1. Exchange of visit delegation: The sending country shall be, in principle, responsible for all costs related to the whole visit program unless the receiving country offers to provide some logistics like local transport, food, accommodation, and guide services to the members of the visiting delegation for the duration of the official mission.

2. Exchange of materials and documents: The requesting Party shall shoulder the costs of postage and freight of materials/documents being requested unless the sending country agrees to cover such costs.

3. The Contracting Parties shall each endeavor to provide the necessary assistance to professionals, scientists, experts, technicians, trainees and businessmen sent by the other Contracting Party under this Memorandum to accomplish their mission. The laws and regulations in force in the host country shall be strictly observed by visiting missions from the sending party.

4. The foregoing provision shall not limit the right of either of the Contracting Parties to adopt or execute measures necessary to uphold public health, morals, public order or security.

ARTICLE V
Joint Committee

1. To ensure the implementation of this Memorandum and to facilitate cooperation, the Contracting Parties shall establish a Joint Committee composed of an equal number of representatives from both sides as may be agreed upon through diplomatic channels. The lead coordinating agencies shall be, as follows:

For the Republic of the Philippines: the Department of Agriculture; and

For the Socialist Republic of Vietnam: the Ministry of Agriculture and Rural and Development; an

2. The Joint Committee shall formulate and submit policy recommendations with a view of promoting the development of agriculture and related fields of both countries. It shall also be responsible for planning, implementing, monitoring and evaluating projects identified under this Memorandum;

3. As may be necessary, the Joint Committee may create "Working Group(s)" for specific areas. For this purpose, the Joint Committee shall determine the procedure and other guidelines to be followed by the "Working Group(s)" to ensure efficiency.

4. A liaison secretary from both sides shall be designated in order to coordinate with concerned agencies and deal with daily and routine work of the Joint Committee and any Working Group thus established.

5. The Joint Committee shall meet every two years alternately in the Philippines and Vietnam, with a representative from the host country as chairman of the meeting. Whenever necessary, an interim meeting may be held subject to agreement between the Parties, through diplomatic channels.

6. The agenda of the meeting will include the drafting of the working plans and a review of the progress of the implementation of projects undertaken under this Memorandum.

ARTICLE VI
Confidentiality

The Parties shall ensure that the scientific and technical data and information mutually provided, including the results of joint research carried out under this Memorandum, are not transferred or supplied to a third party without prior written consent. Matters pertaining to intellectual property rights that may arise from an activity undertaken under this Memorandum shall be determined and agreed upon by the Contracting Parties prior to the activity's implementation.

ARTICLE VII
Dispute Settlement

Any dispute arising out of the interpretation, application or implementation of this Memorandum shall be settled amicably by consultation or negotiation, through diplomatic channels, between the Contracting Parties.

ARTICLE VIII
Entry into Force

This Memorandum shall enter into force on the date of the later written notification by the Contracting Parties, through diplomatic channels, indicating compliance with their respective internal requirements for its entry into force.

ARTICLE IX
Amendment

The Contracting Parties may request in writing, through diplomatic channels, a revision or amendment of this Memorandum. Any revision or amendment agreed upon by the Contracting Parties shall become effective in accordance with the foregoing Article.

ARTICLE X
Validity/Termination

This Memorandum shall be valid for a period of five (5) years and shall be automatically be renewed for similar period(s) unless terminated by written notice from either of the Contracting Parties through diplomatic channels, six (6) months prior to the intended date of termination. The termination of this Memorandum is without prejudice to the completion of on-going projects.

DONE in Manila on this 30 th day of October 1999 in the English language.

 

FOR THE GOVERNMENT OF THE
SOCIALIST REPUBLIC OF VIETNAM

FOR THE GOVERNMENT OF THE
REPUBLIC OF THE PHILIPPINES

(Sgd.) HON. LE HUY NGO
Minister of Agriculture and Rural Development

(Sgd.) HON. EDGARDO J. ANGARA
Secretary of Agriculture

Entry into Force: July 17, 2001



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