Franco-Vietnam Modus Vivendi of September 14th, 1946
- 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.
- 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.
- 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.
- 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.
- 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."
- 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.
- 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.
- 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
- 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
- All acts of hostility and violence on both
sides will cease;
- Agreements between French and Viet-Nam general
staffs will settle the conditions of application and control of measures decided
- 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;
- the exercise of democratic liberties defined
in Article I will be reciprocally guaranteed;
- unfriendly propaganda on both sides will cease;
- the French Government and the Government of
the Democratic Republic of Viet-Nam will collaborate to render nationals of ex-enemy
- 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
- 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.
- 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
Signed: Ho Chi Minh
For the Provisional Government of the French Republic The French Minister for Overseas
Signed: Marius Moutet