20240416 CDTL Franco Vietnam Modus Vivendi 09141946
Franco-Vietnam Modus Vivendi of September 14th, 1946
http://www.vietnamgear.com/modusvivendi.aspx
https://history.state.gov/historicaldocuments/frus1946v08/d75
Franco-Vietnam
Modus Vivendi of September 14th, 1946
1.
Viet-Nam nationals in France, French nationals in Viet-Nam
will enjoy the same freedom of “establishment” as nationals, as well as freedom
of opinion, of teaching, of commerce, of circulation, and more generally all
democratic liberties.
2. French
property and enterprises in Viet-Nam may not be submitted to a stricter regime
than that accorded property and enterprises of Viet-Nam nationals, particularly
with regard to taxes and labor legislation. This legal equality will be
accorded on a reciprocal basis to the property and enterprises of Viet-Nam
nationals in the territories of the French Union.
The status of French property and enterprises in Viet-Nam may only be modified
by mutual agreement between the French Republic and the Democratic Republic of
Viet-Nam.
All French property requisitioned by the Government of Viet-Nam, of which
persons or enterprises have been deprived by the Viet-Nam authorities, will be
returned to their owners or representatives. A mixed commission will be
appointed to set the conditions of this restitution.
3. In
order to renew cultural relations which France and Viet-Nam are both desirous
of developing, French schools of various grades may function freely in
Viet-Nam. They will follow official French programs. By special agreement, the
necessary buildings will be attributed to these establishments. They will be
open to Viet-Nam students.
Scientific research and the establishment and operation of scientific
institutes are free in all the terrorist of Viet-Nam for French nationals.
Viet-Nam nationals will enjoy the same privileges in France.
The Instut Pasteur will be restored in its rights and property. A mixed
commission will settle the conditions under which the Ecole Francais d’Extreme
Orient will resume its activity.
4. The
Government of the Democratic Republic of Viet-Nam will call upon French
nationals by priority each time it requires advisors, technicians or experts.
The priority accorded to French nationals will only cease to operate in case of
impossibility on the part of France to furnish the requested personnel.
5. As
soon as the present problem of monetary harmonisation is solved, a single and
identic currency will have legal tender in the territories placed under control
of the Government of the Democratic Republic of Viet-Nam and in the other
territories of Indochina.
This currency id the Indochinese piastre now issued by the Bank of Indochina
pending the creation of an issuing institution.
The status of the issuing institution will be studied by a mixed commission in
which all the members of the Federation will be represented. This commission
will also coordinate currency and exchange. The Indochinese piastre is part of
the "zone franc."
6. Viet-Nam
forms a custom union with the other countries of the Indochinese Federation.
Consequently, there will exist no internal customs barriers and the same
tariffs will be applied everywhere on entry into and departure from Indochinese
territory.
A coordinating committee for customs and foreign commerce, which may
furthermore be the same as the committee for currency and exchange, will study
the necessary measures of application and will prepare the customs organization
of Indochina.
7. A
mixed coordinating commission for communications will study the necessary
measures to re-establish and improve communications between Viet-Nam and the
other countries of the Indochinese Federation and of the French Union:
overland, maritime, and air transportation; postal, telephonic, telegraphic and
radio-electric communications.
8. Pending
the conclusion by the French Government and the Government of the Democratic
Republic of Viet-Nam of a definite agreement regulating the question of
diplomatic relations between Viet-Nam and foreign countries, a Franco-Viet-Nam
mixed commission will set the measures to be taken to assure consular
representation of Viet-Nam in neighboring countries and Viet-Nam relations with
foreign consuls.
9. Anxious
to assure as soon as possible in Cochin-China and in southern Annam the
restoration of public order necessary both to the free development of
democratic liberties and to the resumption of commercial transactions and
conscious of the happy effect which the cessation on both sides of all acts of
hostility and violence might have in this connection, the French Government and
the Government of the Democratic Republic of Viet-Nam have decided together on
the following measures:
a. All
acts of hostility and violence on both sides will cease;
b. Agreements
between French and Viet-Nam general staffs will settle the conditions of
application and control of measures decided upon together;
c. It is
specified that prisoners now held for political reasons will be freed, with the
exception of those held for crimes and offenses under common law;
The same will apply to prisoners taken in the course of (military) operations;
Viet-Nam guarantees that no action will be taken and no act of violence will be
tolerated against any person because of his attachment of loyalty to France;
reciprocally the French Government guarantees that no action will be taken and
no act of violence tolerated against any person because of his attachment to
Viet-Nam;
d. the
exercise of democratic liberties defined in Article I will be reciprocally
guaranteed;
e. unfriendly
propaganda on both sides will cease;
f. the
French Government and the Government of the Democratic Republic of Viet-Nam
will collaborate to render nationals of ex-enemy countries harmless;
g. a
person appointed by the Government of the Democratic Republic of Viet-Nam and
approved by the French Government will be accredited to the High Commissioner
to establish the cooperation necessary to execute this agreement.
10.
The Government of the French Republic and the Government of
the Democratic Republic of Viet-Nam agree to seek together the conclusion of
special agreements on all questions which may arise, in order to strengthen
their friendly relations and prepare the way for a general final treaty. The
negotiations will be resumed to this end as soon as possible and at the latest
in January 1947.
11.
The dispositions of the present modus vivendi, made in
duplicate, will go into effect October 30, 1946.
Done at Paris, September 14, 1946
For the Government of the Democratic
Republic of Viet-Nam, The President of the Government,
Signed: Ho Chi Minh
For the Provisional Government of the
French Republic The French Minister for Overseas France,
Signed: Marius Moutet
http://www.vietnamgear.com/modusvivendi.aspx
https://history.state.gov/historicaldocuments/frus1946v08/d75
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