WTO Agreenment with Vietnam (Part 1)

1 I.       HORIZONTAL COMMITMENTS
2 II.      SECTOR-SPECIFIC COMMITMENTS
3 1.      BUSINESS SERVICES
2 3.      CONSTRUCTION AND RELATED ENGINEERING SERVICES
2.1 A.     General construction work for building
3 4.      DISTRIBUTION SERVICES
3.1 A. Commission agents' services
3.2 B. Wholesale trade services
3.3 C. Retailing services
3.4 D.   Franchising services


 

WORLD TRADE

 

ORGANIZATION


RESTRICTED

 

WT/ACC/VNM/48/Add.2

27 October 2006


(06-5203)

 

Working Party on the

 

Accession of Viet Nam

 

 

 

 

 

 

WORKING PARTY ON THE ACCESSION OF VIET NAM

 

Schedule CLX – Viet Nam

 

Part II - Schedule of Specific Commitments in Services

List of Article II MFN Exemptions

 

Addendum

 

 

As indicated in paragraph 528 of the Report of the Working Party on the Accession of Viet Nam (WT/ACC/VNM/48), the Schedule of Specific Commitments in Services resulting from the negotiations between the Socialist Republic of Viet Nam and WTO Members is annexed to the Protocol of Accession of the Socialist Republic of Viet Nam and is reproduced hereunder.


Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

Sectors and sub-sectors

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

I.       HORIZONTAL COMMITMENTS


 

 

Page


 

ALL SECTORS INCLUDED IN THIS SCHEDULE


(3)     None, except:

 

Unless otherwise specified in each specific sector or sub-sector of this Schedule, foreign enterprises are allowed to establish commercial presence in Viet Nam in the form of business co-operation contract1, joint venture enterprise, 100% foreign-invested enterprise.

 

Representative offices of foreign service suppliers are permitted to be established in Viet Nam, but they shall not engage in any direct profit-making activities2.

 

Unless otherwise indicated in each specific sector or sub-sector of this Schedule, the establishment of branches is unbound.

 

The conditions of ownership, operation and juridical form and scope of activities as set out in the respective licenses or other form of approval establishing or authorizing the operation or supply of services by an existing foreign service supplier shall not be made more restrictive than they exist as of the date of Viet Nam's accession to the WTO.


(3)     None, except:

 

Eligibility for subsidies may be limited to Vietnamese service suppliers, i.e. to juridical persons established within the territory of Viet Nam, or a part thereof. The granting of one-time subsidization to promote and facilitate the process of equitisation is not in breach of this commitment. Unbound for subsidies for Research and Development. Unbound for subsidies in the Health, Education and Audio-visual sectors. Unbound for subsidies aimed at promoting the welfare and employment of ethnic minorities.


2WT/ACC/VNM/48/Add

.2


 

 

1  Business co-operation contract is a document which is signed by two or more parties (of which at least one party must be Vietnamese legal entity and one party must be foreign legal entity) and which stipulates the responsibilities of, and the sharing of business results between, the parties for the purpose of conducting investment and business in Viet Nam without creating a legal entity.

 

2  Representative office is a subordinate unit of foreign enterprises, established under the Vietnamese law in order to seek, promote trade and tourism opportunities but is not allowed to engage in any direct profit-making activities.


Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

Sectors and sub-sectors

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

 

Foreign-invested enterprises shall

 

be permitted by competent

authorities of Viet Nam to lease the

 

land to carry out their investment

projects.  The land leasing period

 

shall correspond to the time of

operation of those enterprises and

shall be stipulated in their

 

investment licenses and shall be

extended whenever the time of

 

operation of those enterprises is

extended by competent authorities.

 

Foreign service suppliers are

 

permitted to make capital

contribution in the form of buying

 

shares of Viet Nam's enterprises.  In

this case, the total equity held by

foreign investors in each enterprise

 

may not exceed 30% of the

enterprise's chartered capital unless

 

otherwise provided by Viet Nam's

laws or authorized by Viet Nam's

 

competent authority.

 

One year after accession, the 30%

foreign equity limitation for

acquisition of Vietnamese

 

enterprises shall be eliminated,

except for capital contribution in

 

the form of buying shares of joint-

stock commercial banks, and except

 

for the sectors not committed in this

Schedule. For the other sectors and

 

sub-sectors committed in this

Schedule, the level of equity held

 

by foreign investors in acquisition

of Vietnamese enterprises shall be

corresponding to the limitations on

 

foreign capital participation set

forth therein, if any, including the


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PageWT/ACC/VNM/48/Add

3.2


Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

Sectors and sub-sectors

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

 

 

limitations in the form of

 

 

 

 

transitional periods, where

 

 

 

 

applicable.

 

 

(4)

 

Unbound, except measures relating

(4)   Unbound, except as indicated in

 

 

 

to entry and temporary stay of

market access column.

 

 

 

natural persons who fall in one of

 

 

 

 

the following categories:

 

 

(a)

 

Intra-corporate transferees

 

 

 

 

Managers, executives and

 

specialists, as defined hereunder, of

a foreign enterprise which has

 

established a commercial presence

in the territory of Viet Nam,

 

temporarily moving as intra-

corporate transferees to that

commercial presence and who have

 

been previously employed by the

foreign enterprise for at least one

 

year,  shall be granted entry and a

stay permit for an initial period of

 

three years which may be extended

subject to the term of operation of

 

those entities in Viet Nam. At least

20% of the total number of

managers, executives and

 

specialists shall be Vietnamese

nationals. However, a minimum of

 

3  non-Vietnamese managers, executives and specialists shall be permitted per enterprise.

 

Managers and executives are those

who primarily direct the

 

management of the foreign

enterprises which have established

commercial presence in Viet Nam,

 

receiving only general supervision

or direction from the board of


 

 

Page

 

4WT/ACC/VNM/48/Add

.2


Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

Sectors and sub-sectors

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

 

directors or stockholders of the

 

business or their equivalent,

including directing the

 

establishment or a department or

subdivision of the establishment,

 

supervising and controlling the

work of other supervisory,

professional or managerial

 

employees, having the authority

personally to hire and fire or

 

recommend hiring, firing or other

personnel actions, and who do not

 

directly perform tasks concerning

the actual supply of the services of

 

the establishment.

 

Specialists are natural persons

working within an organization who

possess knowledge at an advanced

 

level of expertise and with

knowledge of the organization's

 

services, research equipment,

techniques or management.  In

 

assessing such knowledge, account

will be taken not only of knowledge

 

specific to the commercial

presence, but also of whether the

person has a high level of skills or

 

qualification referring to a type of

work or trade requiring specific

 

technical knowledge.  Specialists

may include, but are not limited to,

 

members of licensed professions.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PageWT/ACC/VNM/48/Add

5.2


Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

Sectors and sub-sectors

 

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

 

(b)

 

Other personnel

 

 

 

 

 

 

 

 

 

 

 

 

 

Managers, executives and

 

 

 

 

 

specialists, as defined in (a) above,

 

 

 

 

 

who cannot be substituted by

 

 

 

 

 

Vietnamese and who are employed

 

 

 

 

 

outside Viet Nam's territory by a

 

 

 

 

 

foreign enterprise which has

 

 

 

 

 

established a commercial presence

 

 

 

 

 

in the territory of Viet Nam with a

 

 

 

 

 

view to participating in the foreign

 

 

 

 

 

enterprise's activities in Viet Nam,

 

 

 

 

 

shall be granted entry and a stay

 

 

 

 

 

permit in conformity with the term

 

 

 

 

 

of the concerned employment

 

 

 

 

 

contract or for an initial period of

 

 

 

 

 

three years whichever is shorter,

 

 

 

 

 

which may be extended subject to

 

 

 

 

 

the employment contract between

 

 

 

 

 

them and the commercial presence.

 

 

 

(c)

 

Service sales persons

 

 

 

 

 

 

Persons not based in the territory of

 

 

 

 

 

Viet Nam and receiving no

 

 

 

 

 

remuneration from a source located

 

 

 

 

 

within Viet Nam, and who are

 

 

 

 

 

engaged in activities related to

 

 

 

 

 

representing a service provider for

 

 

 

 

 

the purpose of negotiating for the

 

 

 

 

 

sale of the services of that provider

 

 

 

 

 

where:  (i) such sales are not

 

 

 

 

 

directly made to the general public;

 

 

 

 

 

and (ii) the salesperson is not

 

 

 

 

 

directly engaged in supplying the

 

 

 

 

 

service. The stay of these

 

 

 

 

 

salespersons is limited to a 90-day

 

 

 

 

 

period.

 

 

 

 

 

 

 

 

 

 


 

 

Page

 

6WT/ACC/VNM/48/Add

.2


Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

Sectors and sub-sectors

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

 

(d)   Persons responsible for setting up a

 

 

 

 

commercial presence

 

 

 

 

 

 

Managers and executives (as

 

 

 

 

defined in (a) above) within a

 

 

 

 

juridical person, who are

 

 

 

 

responsible for the setting up, in

 

 

 

 

Viet Nam, of a commercial

 

 

 

 

presence of a service provider of a

 

 

 

 

Member when (i) these people are

 

 

 

 

not engaged in making direct sales

 

 

 

 

or supplying services; and (ii) the

 

 

 

 

service provider has its principal

 

 

 

 

place of business in the territory of

 

 

 

 

a WTO Member other than

 

 

 

 

Viet Nam and has no other

 

 

 

 

commercial presence in Viet Nam.

 

 

 

 

The stay of these persons is limited

 

 

 

 

to a 90-day period.

 

 

 

(e)   Contractual service suppliers (CSS)

 

 

 

 

 

 

 

 

 

 

Natural persons who are employees

 

 

 

 

of a foreign enterprise having no

 

 

 

 

commercial presence in Viet Nam

 

 

 

 

may enter and stay in Viet Nam for

 

 

 

 

a period of 90 days or for the

 

 

 

 

duration of the contract, whichever

 

 

 

 

is less provided that the following

 

 

 

 

conditions and requirements shall

 

 

 

 

be applied:

 

 

 

-

The foreign enterprise has

 

 

 

 

 

obtained a service contract

 

 

 

 

 

from a Vietnamese enterprise

 

 

 

 

 

engaged in business operation

 

 

 

 

 

in Viet Nam. The competent

 

 

 

 

 

authority of Viet Nam must be

 

 

 

 

 

able to establish the necessary

 

 

 

 

 

procedures to guarantee the

 

 

 

 

 

bona fide character of the

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PageWT/ACC/VNM/48/Add

7.2


Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

 

Sectors and sub-sectors

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

 

contract.

 

-        These persons must possess:

 

(a)         a university degree or a technical qualification document demonstrating knowledge of an equivalent level; (b) professional qualifications where this is required to exercise an activity in the sector concerned pursuant to the laws and regulations of Viet Nam; and

 

(c)         at least 5 years of professional experience in the sector.

 

-        The number of these persons covered by the service contract shall not be larger than necessary to fulfil the contract, as it may be decided by the laws and regulations and requirement of Viet Nam.

 

-        These persons should have been employed by the foreign enterprise having no commercial presence in Viet Nam for a period of no less than 2 years and have met the requirements prescribed for "specialist" above.

 

The entry of these persons is allowed for

 

computer and related services

(CP 841-845, 849) and engineering

 

services (CPC 8672).


 

 

Page

 

8WT/ACC/VNM/48/Add

.2


Mode of delivery:  (1)  Cross-border supply (2)

Consumption abroad (3)  Commercial presence (4) Presence of natural person

 

Sectors and sub-sectors

 

Limitations   on Market Access

Limitations   on National Treatment

Additional Commitments

II.      SECTOR-SPECIFIC COMMITMENTS

 

1.      BUSINESS SERVICES

 

A.     Professional Services

(a)   Legal services

(1)

None.

(1)

None.

 

(CPC 861, excluding:

(2)

None.

(2)

None.

 

 

 

(3)

Foreign lawyers organizations3 are

(3)

None.

 

-

participation in legal

 

permitted to establish commercial

 

 

 

 

proceedings in the capacity of

 

presence in Viet Nam in the

 

 

 

 

defenders or representatives of

 

following forms:

 

 

 

 

their clients before the courts

 

 

 

 

 

 

 

of Viet Nam;

 

-

Branches of  foreign lawyers

 

 

 

-

legal documentation and

 

 

organizations;

 

 

 

 

certification services of the

 

-Subsidiaries of foreign lawyers

 

 

 

 

laws of Viet Nam)

 

 

organizations;

 

 

 

 

 

 

-Foreign law firms4;

 

 

 

 

 

 

-

Partnerships between foreign

 

 

 

 

 

 

 

lawyers organizations and

 

 

 

 

 

 

 

Viet Nam's law partnerships.

 

 

 

 

 

 

Commercial presences of foreign

 

 

 

 

 

 

lawyers organizations are permitted

 

 

 

 

 

 

to make consultations on

 

 

 

 

 

 

Vietnamese laws if the consulting

 

 

 

 

 

 

lawyers have graduated from a

 

 

 

 

 

 

Vietnamese law college and satisfy

 

 

 

 

 

 

requirements applied to like

 

 

 

 

 

 

Vietnamese law practitioners.

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

horizontal section.

 

horizontal section.

 

(b)   Accounting and auditing and

(1)

None.

(1)

None.

 

bookkeeping services

(2)

None.

(2)

None.

 

(CPC 862)

(3)

None.

(3)

None.

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

horizontal section.

 

horizontal section.

 

  

3  A "foreign lawyers organization" is an organization of practicing lawyers established in any commercial corporate form in a foreign country (including firms, companies, corporations, etc.) by one or more foreign lawyers or law firms.

 

4  Foreign law firm is an organization established in Viet Nam by one or more foreign lawyers organizations for the purpose of practicing law in Viet Nam.

Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

 

Sectors and sub-sectors

 

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(c)

Taxation services

(1)

None.

(1)

None.

 

 

(CPC 863)

(2)

None.

(2)

None.

 

 

 

(3)

None, except:

(3)

None.

 

 

 

 

For the period of 1 year from the

 

 

 

 

 

 

date of accession, the licensing shall

 

 

 

 

 

 

be made on the case by case basis

 

 

 

 

 

 

and the number of service providers

 

 

 

 

 

 

shall be decided by Ministry of

 

 

 

 

 

 

Finance subject to the need and

 

 

 

 

 

 

development scope of Viet Nam's

 

 

 

 

 

 

market5.

 

 

 

 

 

 

For the period of 1 year from the

 

 

 

 

 

 

date of accession, foreign-invested

 

 

 

 

 

 

enterprises providing taxation

 

 

 

 

 

 

services are only permitted to

 

 

 

 

 

 

supply services to foreign-invested

 

 

 

 

 

 

enterprises and foreign funded

 

 

 

 

 

 

projects in Viet Nam.

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

horizontal section.

 

horizontal section.

 

(d)

Architectural services

(1)

None.

(1)

None.

 

 

(CPC 8671)

(2)

None.

(2)

None.

 

 

 

(3)

None, except:

(3)

None.

 

 

 

 

For the period of 2 years from the

 

 

 

 

 

 

date of WTO accession, 100%

 

 

 

 

 

 

foreign-invested enterprises may

 

 

 

 

 

 

only provide services to foreign-

 

 

 

 

 

 

invested enterprises in Viet Nam.

 

 

 

 

 

 

Foreign enterprises have to be

 

 

 

 

 

 

juridical persons of a WTO

 

 

 

 

 

 

Member.

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

horizontal section.

 

horizontal section.

 

 

 

5 The main criteria include the number and the operation of enterprises in the market and their impact on the stability of the market and the economy.


 

 

Page

 

10WT/ACC/VNM/48/Add

.2


Mode of delivery:  (1)  Cross-border supply

(2)

Consumption abroad (3)  Commercial presence (4) Presence of natural person

 

 

Sectors and sub-sectors

 

 

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(e)

Engineering services

 

(1)

None.

(1)

None.

 

 

(CPC 8672)

 

(2)

None.

(2)

None.

 

 

 

 

(3)

None, except:

(3)

None, except:

 

(f)

Integrated engineering services

 

 

 

 

 

 

 

(CPC 8673)

 

 

For the period of 2 years from the

 

The supply of services related to

 

 

 

 

 

date of WTO accession, 100%

 

topographical, geotechnical, hydro

 

 

 

 

 

foreign-invested enterprises may

 

geological and environmental

 

 

 

 

 

only provide services to foreign-

 

surveys and technical surveys for

 

 

 

 

 

invested enterprises in Viet Nam.

 

urban-rural development planning,

 

 

 

 

 

Foreign enterprises have to be

 

sectoral development planning are

 

 

 

 

 

juridical persons of a WTO

 

subject to the authorization of the

 

 

 

 

 

Member.

 

Government of Viet Nam6.

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

horizontal section.

 

horizontal section.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page11WT/ACC/VNM/48/Add.

2

6  For greater transparency, this commitment allows the maintenance or adoption of limitations or restrictions for national security and public order reasons that would be justified under Article XIV and Article XIV bis of the GATS.


Mode of delivery:  (1)  Cross-border supply

(2)

Consumption abroad (3)  Commercial presence (4) Presence of natural person

 

Sectors and sub-sectors

 

 

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(g)   Urban planning and urban landscape

 

(1)

None.

(1)

None, except the service must be

 

architectural services

 

 

 

 

authenticated by an architect who

 

(CPC 8674)

 

 

 

 

has appropriate practicing certificate

 

 

 

 

 

 

working in a Vietnamese

 

 

 

 

 

 

architectural organization which has

 

 

 

 

 

 

juridical entity status, and comply

 

 

 

 

 

 

with relevant laws and regulations

 

 

 

 

 

 

of Viet Nam.

 

 

 

(2)

None.

(2)

None.

 

 

 

(3)

None, except:

(3)

None, except the responsible foreign

 

 

 

 

 

 

architects working in foreign-

 

 

 

 

After 2 years from the date of

 

invested enterprises must have the

 

 

 

 

accession, 100% foreign-invested

 

professional practicing certificate

 

 

 

 

enterprises may be established.

 

granted or recognized by the

 

 

 

 

For the period of 2 years from the

 

Government of Viet Nam.

 

 

 

 

date of WTO accession, 100%

 

In some areas, subject to the

 

 

 

 

foreign-invested enterprises may

 

regulations of the Government of

 

 

 

 

only provide services to foreign-

 

Viet Nam for national security and

 

 

 

 

invested enterprises in Viet Nam.

 

social stability purposes, foreign

 

 

 

 

Foreign enterprises have to be

 

service suppliers may not be

 

 

 

 

juridical persons of a WTO

 

permitted to provide this service7.

 

 

 

 

Member.

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

horizontal section.

 

horizontal section.

 

(i)   Veterinary services

 

(1)

None.

(1)

None.

 

(CPC 932)8

 

(2)

None.

(2)

None.

 

 

 

(3)

Access is granted to natural persons

(3)

None.

 

 

 

 

exclusively for the conduct of

 

 

 

 

 

 

private professional practice and

 

 

 

 

 

 

under the authorization by the

 

 

 

 

 

 

veterinary authorities.

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

horizontal section.

 

horizontal section.

 

 

 

 

 

 

7  For greater transparency, this commitment allows the maintenance or adoption of limitations or restrictions for national security and public order reasons that would be justified under Article XIV and Article XIV bis of the GATS.

 

8  Excluding keeping micro-organism strain for veterinary.

Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

Sectors and sub-sectors

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

B.     Computer and Related Services (CPC 841-845, CPC 849)


 

(1)     None.

(2)     None.

(3)     None, except:

 

For the period of 2 years from the date of WTO accession, 100% foreign-invested enterprises may only provide services to foreign-invested enterprises in Viet Nam.

 

After 3 years from the date of accession, branching is allowed.

 

(4)     Unbound, except as indicated in the horizontal section.


 

(1)     None.

(2)     None.

 

(3)     None, except that the chief of the branch has to be a resident in Viet Nam.

 

 

 

 

 

 

 

 

 

(4)     Unbound, except as indicated in the horizontal section.


 

C.     Research and Development Services

(a)

R&D services on natural sciences

(1)

None.

(1)

None.

 

 

(CPC 851)

(2)

None.

(2)

None.

 

 

 

(3)

None.

(3)

None.

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

horizontal section.

 

horizontal section.

 


E. Rental/Leasing Services without Operators

 

 

 

(b)

Relating to aircraft

(1)

None.

(1)

None.

 

 

(CPC 83104)

(2)

None.

(2)

None.

 

 

 

(3)

None.

(3)

None.

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

horizontal section.

 

horizontal section.

 

(d)

Relating to other machinery and

(1)

Unbound, except for industrial

(1)

Unbound, except for industrial

 

 

equipment

 

machinery and equipment9:  None.

 

machinery and equipment:  None.

 

 

(CPC 83109)

(2)

None.

(2)

None.

 

 

 

(3)

Unbound.

(3)

Unbound.

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

horizontal section.

 

horizontal section.

 

 

 

 

 

 

 

9  Excluding mining and oil field equipment; commercial radio, television and communication equipment.


 

 

 

 

 

 

 

 

 

 

 

 

 

Page13WT/ACC/VNM/48/Add.

2


Mode of delivery:  (1)  Cross-border supply

(2)

Consumption abroad (3)  Commercial presence (4) Presence of natural person

 

 

 

Sectors and sub-sectors

 

 

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

14Page2.WT/ACC/VNM/48/Add


F. Other Business Services

 

Vietnamese partners who are legally

 

 

 

 

 

 

 

 

 

(a)

Advertising services

 

(1)

None.

(1)

None.

The advertising for wines and spirits shall

 

 

(CPC 871, excluding advertising for

 

(2)

None.

(2)

None.

be subject to State regulations, which are

 

 

cigarettes)

 

(3)

None, except:

(3)

None.

applied on a non-discriminatory basis.

 

 

 

 

 

Upon accession, foreign service

 

 

 

 

 

 

 

 

suppliers are permitted to establish

 

 

 

 

 

 

 

 

joint venture or business

 

 

 

 

 

 

 

 

cooperation contract with

 

 

 

 

 

 

 

 

authorized to do advertising

 

 

 

 

 

 

 

 

services.

 

 

 

 

 

 

 

 

Upon accession, joint ventures shall

 

 

 

 

 

 

 

 

be allowed with foreign capital

 

 

 

 

 

 

 

 

contribution not exceeding 51% of

 

 

 

 

 

 

 

 

the legal capital of the joint venture.

 

 

 

 

 

 

 

 

As of 1 January 2009, there shall be

 

 

 

 

 

 

 

 

no limitation on foreign capital

 

 

 

 

 

 

 

 

contribution in the joint ventures.

 

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

 

horizontal section.

 

horizontal section.

 

 

(b)

Market research services

 

(1)

None.

(1)

None.

 

 

 

(CPC 864, excluding 86402)

 

(2)

None.

(2)

None.

 

 

 

 

 

(3)

None, except:

(3)

None.

 

 

 

 

 

 

Upon accession joint ventures shall

 

 

 

 

 

 

 

 

be allowed with foreign capital

 

 

 

 

 

 

 

 

contribution not exceeding 51% of

 

 

 

 

 

 

 

 

the legal capital of the joint venture.

 

 

 

 

 

 

 

 

As of 1 January 2009, 100%

 

 

 

 

 

 

 

 

foreign-invested enterprises shall be

 

 

 

 

 

 

 

 

permitted.

 

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

 

horizontal section.

 

horizontal section.

 

 


Mode of delivery:  (1)  Cross-border supply

(2)

Consumption abroad (3)  Commercial presence (4) Presence of natural person

 

 

 

Sectors and sub-sectors

 

 

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

 

(c)

Management consultant services

 

(1)

None.

(1)

None.

 

 

 

(CPC 865)

 

(2)

None.

(2)

None.

 

 

 

 

 

(3)

None.

(3)

None, except that the chief of the

 

 

 

 

 

 

After 3 years from the date of

 

branch has to be a resident in

 

 

 

 

 

 

accession, branching is allowed.

 

Viet Nam.

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

 

horizontal section.

 

horizontal section.

 

 

(d)

Services related to management

 

(1)

None.

(1)

None.

 

 

 

consulting

 

(2)

None.

(2)

None.

 

 

 

 

 

(3)

None, except that:

(3)

None, except  that the chief of the

 

 

 

-   CPC 866, except CPC 86602

 

 

 

 

branch has to be a resident in

 

 

 

-   Arbitration and conciliation

 

 

After 3 years from the date of

 

Viet Nam.

 

 

 

services for commercial disputes

 

 

accession, branching is allowed.

 

 

 

 

 

between businesses

 

 

 

 

 

 

 

 

(CPC 86602**)

 

 

For CPC 866 except CPC 86602:

 

 

 

 

 

 

 

 

for the period of 1 year from the

 

 

 

 

 

 

 

 

date of accession: only in the form

 

 

 

 

 

 

 

 

of joint venture or business

 

 

 

 

 

 

 

 

cooperation contract. Thereafter:

 

 

 

 

 

 

 

 

none.

 

 

 

 

 

 

 

 

For Arbitration and conciliation

 

 

 

 

 

 

 

 

services for commercial disputes

 

 

 

 

 

 

 

 

between businesses (CPC 86602**):

 

 

 

 

 

 

 

 

for the period of 3 years from the

 

 

 

 

 

 

 

 

date of accession: unbound.

 

 

 

 

 

 

 

 

Thereafter: none.

 

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

15Page2.WT/ACC/VNM/48/Add

 

 

 

 

horizontal section.

 

horizontal section.

 


Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

Sectors and sub-sectors

 

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(e)   Technical testing and analysis

(1)

Unbound.

(1)

None.

 

services

(2)

None.

(2)

None.

 

(CPC 8676, excluding conformity

(3)

None, except where Viet Nam

(3)

None.

 

testing of transport vehicles and

 

allows private suppliers access to a

 

 

 

certification of transport vehicles)

 

sector previously closed to private

 

 

 

 

 

sector competition on the grounds

 

 

 

 

 

that the service had been supplied in

 

 

 

 

 

the exercise of governmental

 

 

 

 

 

authority, joint ventures to supply

 

 

 

 

 

such service shall be allowed

 

 

 

 

 

without limitation on foreign

 

 

 

 

 

ownership 3 years after such access

 

 

 

 

 

to private sector competition is

 

 

 

 

 

allowed.  Five years after those

 

 

 

 

 

private sector services suppliers

 

 

 

 

 

have been granted such access:

 

 

 

 

 

none.

 

 

 

 

 

Access to certain geographic areas

 

 

 

 

 

may be restricted for national

 

 

 

 

 

security reasons.

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

horizontal section.

 

horizontal section.

 

(f)   Services incidental to agriculture,

(1)

None.

(1)

None.

 

hunting and forestry

(2)

None.

(2)

None.

 

(CPC 881)10

(3)

None, except:

(3)

None, except:

 

 

 

Only in the form of joint-venture or

 

Access to certain geographical areas

 

 

 

business co-operation contract.

 

may be restricted.11

 

 

 

Foreign capital contribution may not

 

 

 

 

 

exceed 51% of the legal capital of

 

 

 

 

 

the joint venture.

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

horizontal section.

 

horizontal section.

 

 

 

10  Excluding services relating to investigation, evaluation and exploitation for natural forest including exploitation of woods and wild, rare and precious animals hunting and trapping, aerial photographing, aerial seed planting and aerial chemicals spraying and dusting, micro-bial plant, animal genetic resource in agriculture. For the avoidance of ambiguity, animal husbandry and the improvement of breeding stock are included in this commitment.


 

Page

 

16WT/ACC/VNM/48/Add

.2


Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

Sectors and sub-sectors

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(h)   Services incidental to mining (CPC 883)

 

1.      The commitments specified hereunder are not understood to cover the following activities: supply of equipment, materials and chemicals, supply base services, offshore/marine support vessels, accommodation and catering, helicopter services.

 

2.      The commitments specified hereunder are made without prejudice to the rights of the Government of Viet Nam to set out the necessary regulations and procedures to regulate the oil and gas related activities carried out within the territory or jurisdiction of Viet Nam in full conformity with the rights and obligations of Viet Nam under the GATS.


 

(1)     None, except: companies without a commercial presence may be required to be registered with the competent authority of the Government of Viet Nam under the terms outlined in Viet Nam's applicable laws.

 

(2)     None.

 

(3)     None, except:

 

Upon accession, joint ventures with foreign capital contribution not exceeding 49% shall be permitted. After 3 years from the date of accession, this limitation shall be 51%. Two years thereon, 100% foreign-invested enterprises shall be permitted.

 

(4)     Unbound, except as indicated in the horizontal section.


 

(1)     None, except as indicated in market access column.

 

 

 

 

 

(2)     None.

 

(3)     None, except as indicated in the market access column.

 

 

 

 

 

 

 

 

 

 

(4)     Unbound, except as indicated in the horizontal section.


 

Page17WT/ACC/VNM/48/Add.

2

11  For greater transparency, this allows the maintenance or adoption of limitations or restrictions for national security and public order reasons in accordance with Article XIV and Article XIV bis of the GATS.


Mode of delivery:  (1)  Cross-border supply

(2)

Consumption abroad (3)  Commercial presence (4) Presence of natural person

 

Sectors and sub-sectors

 

 

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(i)   Services incidental to manufacturing

 

(1)

None.

(1)

None.

 

(CPC 884 and 885)

 

(2)

None.

(2)

None.

 

 

 

(3)

None, except:

(3)

Unbound.

 

 

 

 

After 3 years from the date of

 

 

 

 

 

 

accession, only joint ventures with

 

 

 

 

 

 

foreign capital contribution not

 

 

 

 

 

 

exceeding 50% shall be permitted.

 

 

 

 

 

 

Five years thereon: 100% foreign-

 

 

 

 

 

 

invested enterprises shall be

 

 

 

 

 

 

permitted.

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)   Unbound, except as indicated in the

 

 

 

 

horizontal section.

 

horizontal section.

 

(m)  Related scientific and technical

 

(1)

None, except: companies without a

(1)  None, except as indicated in the

 

consulting services12

 

 

commercial presence  may be

 

market access column.

 

(CPC 86751, 86752 and 86753

 

 

required to be registered with the

 

 

 

only)

 

 

competent authority of the

 

 

 

 

 

 

Government of Viet Nam under the

 

 

 

 

 

 

terms outlined in Viet Nam's

 

 

 

 

 

 

applicable laws.

 

 

 

 

 

(2)

None.

(2)

None.

 

 

 

(3)

None, except:

(3)  None, except as indicated in the

 

 

 

 

 

 

market access column.

 

 

 

 

Upon accession, joint ventures with

 

 

 

 

 

 

foreign capital contribution not

 

 

 

 

 

 

exceeding 49% shall be permitted.

 

 

 

 

 

 

After 2 years from the date of

 

 

 

 

 

 

accession, this limitation shall be

 

 

 

 

 

 

51%.  Two years thereon, 100%

 

 

 

 

 

 

foreign-invested enterprises shall be

 

 

 

 

 

 

permitted.

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)  Unbound, except as indicated in the

 

 

 

 

horizontal section.

 

horizontal section.

 

12 The supply of services related to prospecting, surveying, exploration and exploitation is subject to the applicable laws and regulations of Viet Nam.

Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

Sectors and sub-sectors

 

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(n)   Maintenance and repair of

(1)

None.

(1)

None.

 

equipment (not including maritime

(2)

None.

(2)

None.

 

vessels, aircraft or other transport

(3)

None, except:

(3)

None, except as indicated in the

 

equipment)

 

Upon accession, joint ventures with

 

market access column.

 

(CPC 633)

 

foreign capital contribution not

 

 

 

 

 

exceeding 49% shall be permitted.

 

 

 

 

 

After 3 years from the date of

 

 

 

 

 

accession, this limitation shall be

 

 

 

 

 

51%. Two years thereon, 100%

 

 

 

 

 

foreign-invested enterprises shall be

 

 

 

 

 

permitted.

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

horizontal section.

 

horizontal section.

 

2.      COMMUNICATION SERVICES


B. Courier Services (CPC 7512**)

(1)

None.16

(1)

None.

Services and services suppliers of any

*  Express delivery services13, i.e.

(2)

None.

(2)

None.

other Member shall be accorded

(3)

None, except that foreign ownership

(3)

None.

treatment no less favourable than the

services consisting of collection, sorting,

 

in joint ventures may be limited to

 

 

treatment accorded to the Vietnamese

transport and delivery, whether for

 

51% within the first 5 years after

 

 

Post Office or its subsidiaries for its

domestic or  foreign destination, of:

 

accession.

 

 

competitive activities.

(a)

Written communication14, on any

 

 

 

 

 

 

kind of physical medium, including:

 

After 5 years from the date of

 

 

 

 

-

Hybrid mail service;

 

accession, 100% foreign-invested

 

 

 

 

-

Direct mail.

 

enterprises shall be permitted.

 

 

 

 

Except for the handling of items of

 

 

 

 

 

 

written communication the price of

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

which is less than:

 

horizontal section.

 

horizontal section.

 

-      10 times the tariff for the handling of a standard domestic letter in the first weight level for domestic shipments;

 

-      US$9 for international shipments;

provided that the gross weight of

these items is less than 2,000 grams.

 

 

13  Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and address in transit, confirmation of receipt.

 

14  Written communication includes letters, postcards, hand writings, or printed matters such as books, newspapers, periodicals, magazines, or commercial documents such as bills and invoices, etc.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page19WT/ACC/VNM/48/Add.

2


Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

 

Sectors and sub-sectors

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(b)   Parcels15 and other goods.

* Handling of non-addressed items.

 

C.     Telecommunication Services

 

Commitments hereunder are made in accordance with "Notes for Scheduling Basic Telecom Services Commitments" (S/GBT/W/2/REV.1) and "Market Access Limitations on Spectrum Availability" (S/GBT/W/3). For the purpose of these commitments, a "non-facilities based service supplier" means a service supplier which does not own transmission capacity but contracts for such capacity including submarine cable capacity, including on a long-term basis, from a facilities-based supplier. A non facilities-based supplier is not otherwise excluded from owning telecommunications equipment within their premises and permitted public service provision points (POP).

Basic telecommunication services

 

(1)   None, except:

(1)   None.

Viet Nam undertakes the obligations in

(a)

Voice telephone services

 

 

the Reference Paper attached hereto.

 

(CPC 7521)

Wire-based and mobile terrestrial

 

 

 

 

 

services:  Service must be offered

 

For consortium submarine cable links

(b)

Packet-switched data transmission

through commercial arrangements

 

where Viet Nam is member, foreign

 

services

with an entity established in Viet

 

service suppliers shall be permitted to

 

(CPC 7523**)

Nam and licensed to provide

 

control fully-owned submarine cable

 

 

 

international telecommunication

 

transmission capacity (e.g. IRU or

(c)

Circuit-switched data transmission

services.

 

consortium ownership) terminating at a

 

services

 

 

licensed cable landing station in

 

(CPC 7523**)

Satellite-based services: Subject to

 

Viet Nam, and to provide such capacity

 

 

 

commercial arrangements with

 

to international facilities-based service

(d)

Telex services

Vietnamese international satellite

 

suppliers licensed in Viet Nam. 4 years

 

(CPC 7523**)

service suppliers duly licensed in

 

after accession foreign service suppliers

 

 

 

Viet Nam, except satellite-based

 

shall be permitted to provide such

(e)

Telegraph services

services offered to:

 

capacity to international VPN and IXP

 

(CPC 7523**)

 

 

service suppliers licensed in Viet Nam.

 

(f)     Facsimile services (CPC 7521** + 7529**)

 

(g)    Private leased circuit services (CPC 7522** + 7523**)

 

 

 

 

 

 

 

16   The cross-border supply of service can be performed in association with a local service provider for the collection or delivery.

 

15   Books, catalogues are included hereunder.


 

Page

 

20WT/ACC/VNM/48/Add

.2


Mode of delivery:  (1)  Cross-border supply (2)  Consumption abroad (3)  Commercial presence (4) Presence of natural person

 

Sectors and sub-sectors

 

Limitations on Market Access

Limitations on National Treatment

Additional Commitments

(o*)

Other services

 

-

Upon accession: off-shore/on

 

 

 

 

 

 

 

sea based business customers,

 

 

 

-

Videoconference services

 

 

government institutions,

 

 

 

 

(CPC 75292)

 

 

facilities-based service

 

 

 

-

Video Transmission services,

 

 

suppliers, radio and television

 

 

 

 

excluding broadcasting17

 

 

broadcasters, official

 

 

 

-

Radio based services includes:

 

 

international organization'

 

 

 

 

+ Mobile telephone

 

 

representative offices,

 

 

 

 

(terrestrial and satellite)

 

 

diplomatic representatives and

 

 

 

 

+ Mobile data

 

 

consulates, high tech and

 

 

 

 

(terrestrial and satellite)

 

 

software development parks

 

 

 

 

+ Paging

 

 

who are licensed to use satellite-

 

 

 

 

+ PCS

 

 

earth stations;

 

 

 

 

+ Trunking

 

-

Three years after accession:

 

 

 

-

Internet Exchange Service (IXP)18

 

 

multinational companies19,

 

 

 

 

 

 

 

which are licensed to use

 

 

 

 

 

 

 

satellite-earth stations.

 

 

 

 

 

(2)

None.

(2)

None.

 

 

 

(3)

None, except:

(3)

None.

 

 

 

 

Non facilities-based services:  Upon

 

 

 

 

 

 

accession joint ventures with

 

 

 

 

 

 

telecommunications service

 

 

 

 

 

 

suppliers duly licensed in Viet Nam

 

 

 

 

 

 

will be allowed.  Foreign capital

 

 

 

 

 

 

contribution shall not exceed 51%

 

 

 

 

 

 

of legal capital of the joint ventures.

 

 

 

 

 

 

Three years after accession:  joint

 

 

 

 

 

 

venture will be allowed without

 

 

 

 

 

 

limitation on choice of partner.

 

 

 

 

 

 

Foreign capital contribution shall

 

 

 

 

 

 

not exceed 65% of legal capital of

 

 

 

 

 

 

the joint ventures.

 

 

 

 

 

17  Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.

 

18  Services providing internet access service (IAS) suppliers with connection between them and to the international Internet backbone.

 

A multinational is a corporation which: a) has a commercial presence in Viet Nam; b) operates in at least one other WTO member; c) has been in operation for at least 5 years; d) is publicly listed on the stock exchange of a WTO Member; and e) is licensed to use satellite services in at least one WTO Member.



WTO Agreenment with Vietnam (Part 2)