- 1
- For the purposes of this Agreement, unless the context otherwise requires:
-
- a)the terms “a Contracting State” and “the other Contracting State” mean Vietnam or the Netherlands, as the context requires; the term “Contracting States” means Vietnam and the Netherlands;
- b)the term “Vietnam” means the Socialist Republic of Vietnam; when used in a geographical sense, it means all its national territory, including its territorial sea and any area beyond and adjacent to its territorial sea, within which Vietnam, by Vietnamese legislation and in accordance with international law, has sovereign rights of exploration for and exploitation of natural resources of the sea bed and its sub-soil and superjacent watermass;
- c)the term “the Netherlands” means the part of the Kingdom of the Netherlands that is situated in Europe including the part of the sea bed and its sub-soil under the North Sea, to the extent that that area in accordance with international law has been or may hereafter be designated under Netherlands laws as an area within which the Netherlands may exercise sovereign rights with respect to the exploration and exploitation of the natural resources of the sea bed or its sub-soil;
- d)the term “person” includes an individual, a company and any other body of persons;
- e)the term “company” means any body corporate or any entity which is treated as a body corporate for tax purposes;
- f)the terms “enterprise of a Contracting State” and “enterprise of the other Contracting State” mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;
- g)the term “nationals” means:
- i)all individuals possessing the nationality of a Contracting State;
- ii)all legal persons, partnerships and associations deriving their status as such from the laws in force in a Contracting State;
- h)the term “international traffic” means any transport by a ship or aircraft operated by an enterprise which has its place of effective management in a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State; and
- i)the term “competent authority” means:
- i)in the case of Vietnam, the Minister of Finance or his authorized representative; and
- ii)in the case of the Netherlands, the Minister of Finance or his authorized representative.
- 2
- As regards the application of the Agreement by a Contracting State any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the law of that State concerning the taxes to which the Agreement applies.
