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EXCHANGE OF LETTERS BETWEEN THE GOVERNMENTS OF INDIA AND DEMOCRATIC REPUBLIC OF VIET NAM REGARDING DEVELOPMENT OF TRADE [1956] INTSer 17

EXCHANGE OF LETTERS BETWEEN THE GOVERNMENTS OF INDIA AND DEMOCRATIC REPUBLIC OF VIET NAM REGARDING DEVELOPMENT OF TRADE

Hanoi, 22 September 1956

MINISTRY OF COMMERCE

DEMOCRATIC REPUBLIC OF VIET NAM
Independence-Freedom-Happiness Hanoi,

the 28th July, 1956

My dear Mr. K.B. LALL,

AS a result of the discussions that have taken place recently in New Delhi between the Delegation to the Indian Industries Fair from the Democratic Republic of Viet Nam and the Ministry of Commerce and Industry of India, certain conclusions have been reached which it is considered desirable to place on record, viz.-

(1) Both parties desire to develop and strengthen the trade relations between the two countries on the basis of equality and mutual benefit. With a view to promoting closer economic relations, the two parties agree to give full consideration to, and take decision on, the suggestions that may be made by either party from time to time for stimulating the flow of trade.

(2) The two contracting parties agree that the import and export of goods into and from either country would be regulated in accordance with the laws of the two countries for the time being in force. Subject to these laws and regulations the two countries agree to grant adequate facilities for the import and export of goods mentioned in the attached Schedules "A" and "B", and to use their best endeavours to foster contracts between State trading organisations of the Democratic Republic of Viet Nam and Indian firms settled in the Democratic Republic of Viet Nam on the one hand and the State Trading Corporation of the Government of India and firms in India on the other.

(3) Besides commodities mentioned in Schedules "A" and "B", contracting parties are not precluded from facilitating trade in other commodities in conformity with Import, Export and Foreign Exchange regulations of their respective countries.

(4) The Democratic Republic of Viet Nam shall for the purpose of import and export licensing be included under the existing Indian law in the soft currency area and so long as this position endures, applications for licensing the import of goods from the Democratic Republic of Viet Nam to India and export of goods from India to the Democratic Republic of Viet Nam will be dealt with, in accordance with the licensing procedure in force from time to time equally favourably as compared with any other country included in the soft currency group.

(5) The Democratic Republic of Viet Nam shall on its part treat the imports and exports of goods from India on the same basis as any other country with whom the Democratic Republic of Viet Nam has entered into bilateral trade agreement.

(6) The two contracting parties agree that payments relating to commercial and non-coininercial transactions between Viet Nam and India may be effected in Indian rupees or in Pounds Sterling, as may be mutually convenient. For the purpose of facilitating such payments, the National Bank of the Democratic Republic of Viet Nam will maintain an account with a commercial bank in India authorised to deal in foreign exchange. In addition the National Bank of the Democratic Republic of Viet Nam -may maintain another account with the Reserve Bank of India. All financial transactions to be financed in rupees will take place, through the account maintained with the commercial bank. The account with the Reserve Bank of India will be used only for replenishing the balance with the commercial banki3 as and when necessary. Payments permitted under the Indian Foreign Exchange Regulations to be made by residents of India to the residents of Viet Nam will be effected by crediting the amount of such payments to the above-mentioned account with the commercial bank. Payments to be made to the residents in India by persons resident in Viet Nam and permitted by Foreign 4 Exchange Regulations of the Democratic Republic of Viet Nam will be effected by debiting the said account with the commercial bank.

(7) 'The Account with the Reserve Bank of India can be replenished in one of the following ways : (1) by sale of Sterling to the Reserve Bank of India; Vietnam D.R. (2) by transfer of rupee from the rupee account of a third country maintained in India.

(8) The rupee account maintained by the National Bank of Viet Nam with the Reserve Bank of India or with the commercial bank authorised to deal in foreign exchange will be convertible on demand into Sterling at any time at the Bank's usual selling rate for Sterling as fixed from time to time by the Indian Exchange Bank's Association.

(9) The Democratic Republic of Viet Nam may set up in India a Trade Representation headed by a Trade Representative and having a Deputy Trade Representative. In India they will be given the necessary facilities for the proper discharge of their responsibilities. On the other hand, the Government of India may if they so desire appoint a representative in the Democratic Republic of Viet Nam, to look after their trade interests in this country, who will be entitled to the same courtesies and facilities as are extended to the Trade Representative of the Democratic Republic of Viet Nam in India.

(10) The two contracting parties agree to consult each other on questions that may arise in the course of the implementation of the present Agreement.

(11) This Agreement will come into operation from the date of its signature and will remain in force for a period of 3 years.

It can be extended or renewed by negotiations between the two contracting parties to be commenced three months prior to its expiry. The Government of the Democratic Republic of Viet Nam have agreed upon the above understanding. We request you to confirm by letter the above, so that both parties may implement it as soon as possible.

Yours sincerely,

Sd/- LY BAN

Chief of Foreign Trade Department, Ministry of Commerce, Government of the Democratic Republic of Viet Nam, Hanoi.

K.B LALL, Esq. I.C.S.,

Joint Secretary to the Govt. of India,

Ministry of Commerce and Consumer Industries.


GOVERNMENT OF INDIA

MINISTRY OF COMMERCE AND CONSUMER INDUSTRIES

New Delhi, the 22nd September, 1956

My Dear Mr. LY BAN,

I write to acknowledge receipt of your letter dated the 28th July, 1956, which reads as follows : (Not reproduced) I confirm that the above correctly sets out the understanding reached between us.

Yours sincerely,

Sd/- K.B. LALL. Joint Secretary to the Government of India,

Ministry of Commerce and Consumer Industries.

LY BAN, Esq.,

Chief of Foreign Trade Department, Ministry of Commerce, Government of the Democratic Republic of Viet Nam, Hanoi.

SCHEDULE

EXPORTS FROM INDIA TO VIET NAM

1. Engineering Goods: Diesel engines Pumps Sewing machines and parts Bicycles and parts Machine tools Agricultural implements Sugar cane crushers Printing machinery Textile machinery Food machinery Pottery moulding machines Hats and clothes making machines Paper and pulp making machines Rice flour and oil pressing machinery Automobiles and their parts

2. Electrical Goods: Bulbs Radio receivers Electric fans and their parts Torches Batteries and motors

3. Textiles: Cotton piecegoods Woollen piecegoods Silk rayon and nylon piecegoods Hosiery Handloom. cloth Jute manufactures

4. Household and Building Requirements: Utensils Cooking ranges Heaters Electrical fittings Tiles Hurricane lanterns Kerosene stoves Crockery Padlocks Cutlery

5. Foodstuffs: Tea Coffee Spices Fish Fruits Confectionery

6. Oil and oilseeds: Hydrogenated oils i.e. "vanaspati" Vegetable oils and seeds Essential oils and oil seeds

7. Miscellaneous: Tobacco raw and unmanufactured Tobacco manufactured Cigarettes and biris Chemicals, drugs and medicines Soaps and toilet requisites Paints, pigments and varnishes Coir and coir products Lac and shellac Mica Plastic goods and toys Sports goods Glassware including tableware; glass bottles and bangles Steel furniture Hospital appliances Scientific instruments of all types Leather manufactures including boots and shoes Rubber manufactures.

SCHEDULE 'B'

EXPORTS FROM VIET NAM TO INDIA 1. Animal Products: Livestock: home bred animals. Animal products such as - Duck feathers, bees wax and honey Medical stuffs extracted from animals

2. Forest Products: Timber Cane (all sizes)

3. Plantation products: Seeds - oils and resins: Wood oil Pine resin Colophon Otherplantation production: Saffron Dried pigments for tanning

4. Sea Products: Dried fish of all sorts Fish Sauce

5. Foodstuff: Flour and Grains Maize and peas Dried areca, nuts Fruits (fresh and dried), oranges, lemons, bananas 6. Handicraft articles: Home use articles: Grass mats Grass rugs Other grass articles Bamboo and cane articles Art articles: Inland articles Sculptured articles Laccpjered articles Shell buttons Sports articles 7. Minerals: Mineral ores and manufactured products: Cement Graphite Steatite Limestone White sand (silicate) Porcelain clay.

AGREEMENT EXTENDED UPTO 1962 EXCHANGE OF LETTERS,

HANOI, 6 JANUARY 1960

CONSULATE GENERAL OF INDIA, HANOI
No. F. 16 (25)-CG 58-A.

January 6, 1960 (Pausa 16, 1881)

Dear Mr. PHAM CHUNG,

You will recollect our conversation of 7th November, 1959 in regard to the D.R.V.N. Government's desire to extend for another three years, from September 22, 1959, the terms of the agreement for the development of trade relations between India and the D.R.V.N. as contained in Shri K.B. Lall's (then Joint Secretary to the Government of India, Ministry of Commerce and Consumer Industries) acknowledgement letter of September 22, 1956, to Mr. Ly Ban (then Chief of Foreign Trade Department, Ministry of Commerce, Government of the D.R.V.N.). I am now authorised by the Government of India to agree to the D.R.V.N. Government's request of the extension of the terms and schedule confirmed in Shri K.B. Lall's letter of September 22, 1956, to Mr. Ly Ban for a period of another three years commencing from September 22, 1959. Please acknowledge receipt.

Yours sincerely,

(Sd.)A.G. MENESES, Consul-General. Mr. PHAM CHUNG. Chief of the Asia-Africa Department,

D.R.V.N. Ministry of Foreign Trade, Hanoi.


MINISTRY OF FOREIGN TRADE

BO NGOAI THUONG VIET NAM DAN CHU CONG HOA

No. 107/BNT-TB.

Dear Mr. A.G. MENESES,

January 9, 1960 I write to acknowledge receipt of your letter No. F. 16(25)-CG 58-A, dated 6-1-1960 which reads as follows (Not reproduced)

I am authorised by the Government of the Democratic Republic of Viet Nam to confirm the above understanding reached between the Government of the Democratic Republic of Viet Nam and the Government of the Republic of India.

Yours sincerely,

Sd. PHAM CHUNG Chief of the Asia-Africa Dept. Ministry of Foreign Trade, Democratic Republic of Viet Nam.

Mr. A.G. MENESES,

Consul-General for the Republic of India. Hanoi



India Bilateral

Ministry of External Affairs, India


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