1 I. HORIZONTAL COMMITMENTS 2 II. SECTOR-SPECIFIC COMMITMENTS 3 1. BUSINESS SERVICES2 3. CONSTRUCTION AND RELATED ENGINEERING SERVICES2.1 A. General construction work for building 3 4. DISTRIBUTION SERVICES3.1 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.
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Sectors and sub-sectors | Limitations on Market Access | Limitations on National Treatment | Additional Commitments |
I. HORIZONTAL COMMITMENTS![]() ![]() ![]() ![]() ![]() ![]()
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.
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.
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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 ![]()
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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 ![]()
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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. ![]()
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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. | | | | | | | | | | |
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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 | | | | | | | | | | | |
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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).
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| 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. | |
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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. | |
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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.
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. | |
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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. | |
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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. | |
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9 Excluding mining and oil field equipment; commercial radio, television and communication equipment.
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| 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. | | |
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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. | |
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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. | |
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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.
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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. ![]()
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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. | |
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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. | |
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- 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 |
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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.
![]() ![]() 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. | | | |
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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)
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