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Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.

ARTICLE 3

General Definitions

(1) For the purposes of this Agreement, unless the context otherwise requires:

  • (a) the term "Vietnam" means the Socialist Republic of Vietnam; when used in a geographical sense, it means its land territory, islands, internal waters, territorial sea and airspace above them, the maritime areas beyond territorial sea including seabed and subsoil thereof over which the Socialist Republic of Vietnam exercises sovereignty, sovereign rights and jurisdiction in accordance with national legislation and international law;
  • (b) the term "San Marino" means the territory of the Republic of San Marino, including any other area within which the Republic of San Marino, in accordance with international law, exercises sovereign rights or jurisdiction;
  • (c) the terms "a Contracting State" and "the other Contracting State" mean Vietnam or San Marino as the context requires;
  • (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 that 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 "national", in relation to a Contracting State, means:
    • (i) any individual possessing the nationality of a Contracting State; and
    • (ii) any legal person, partnership and association 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, that 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/her authorized representative;
    • (ii) in the case of San Marino, the Minister of Finance or his/her authorized representative.

(2) As regards the application of the Agreement at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Agreement applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.