1 I. HORIZONTAL COMMITMENTS3.2 B. Wholesale trade services 3.3 C. Retailing services 3.4 D. Franchising services 5 6. ENVIRONMENTAL SERVICES 5.1 A. Sewage Services6 7. FINANCIAL SERVICES | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ADVICE & SERVICE |
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Consumption abroad (3) Commercial presence (4) Presence of natural person |
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Sectors and sub-sectors |
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Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
8. HEALTH RELATED AND SOCIAL SERVICES
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The minimum investment capital for |
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a commercial presence in hospital |
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services must be at least |
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US$20 million for a hospital, |
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US$2 million for a policlinic unit |
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and US$200,000 for a specialty unit. |
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(4) Unbound, except as indicated in the |
(4) Unbound, except as indicated in the |
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horizontal section. |
horizontal section. |
9. TOURISM AND TRAVEL RELATED SERVICES
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Page43WT/ACC/VNM/48/Add. |
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27 With respect to the access to and use of maritime agency services mentioned in the Additional Commitments column, where road, rail, inland waterways, coastal and inland shipping, and related auxiliary services are not otherwise fully covered in the schedule, a multimodal transport operator shall have the ability to access Vietnamese maritime agency services suppliers to rent, hire or charter trucks, railway carriages, or barges and related equipment, for the purpose of onward forwarding of international cargoes carried by sea.
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Page45WT/ACC/VNM/48/Add. |
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Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
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Sectors and sub-sectors |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
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(b) Other forms of commercial presence |
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for the supply of international |
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maritime transport services28: |
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Upon accession, foreign shipping |
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companies can establish joint |
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ventures with 51% foreign |
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ownership. After 5 years from the |
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date of accession, foreign shipping |
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companies can establish 100% |
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foreign-invested enterprises. |
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Upon accession, foreign-invested |
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enterprises are only permitted to |
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carry out activities from (1) to (5) as |
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indicated below: |
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1. Marketing and sales maritime |
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transport services through direct |
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contact with customers, from |
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quotation to invoicing; |
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2. Acting on behalf of the cargo |
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owners; |
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3. Provision of required business |
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information; |
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4. Preparation of documentation |
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concerning transport documents |
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including customs documents, |
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or other documents related to the |
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origin and character of the goods |
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transported; and |
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5. Provision of maritime transport |
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services including cabotage |
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services by Vietnamese flagged |
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vessels for the supply of |
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integrated transport services. |
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28 "Other forms of commercial presence for the supply of international maritime transport services" means the ability for foreign shipping companies to undertake locally activities which are related to the cargoes carried by them and necessary for the supply of the integrated transport service to their customers, within which the international maritime transport constitutes a substantial elements and is supplied by the concerned foreign shipping company.
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46WT/ACC/VNM/48/Add |
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.2 |
Mode of delivery: (1)
Cross-border supply (2)
Consumption abroad (3) Commercial
presence (4) Presence of natural person
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Sectors and sub-sectors |
Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
After 5 years from the date of
accession, activities from (6) to (7)
shall be allowed.
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6. Acting on behalf of the |
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company, organising the call of |
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the ship or taking over cargoes |
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when required; |
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7. Negotiate and sign contracts for |
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road, rail, inland waterways |
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transportation related to cargoes |
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transported by the company. |
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The number of joint ventures by |
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foreign shipping companies will be |
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limited to 5 companies upon |
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accession. Three additional |
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companies will be allowed every |
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two years thereafter. After 5 years |
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from the date of accession, no |
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limitation on the number of joint |
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ventures. |
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(4) Unbound, except as indicated in the |
(4) Unbound, except as indicated in the |
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horizontal section. |
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horizontal section. |
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Maritime Auxiliary Services |
(1) |
Unbound. |
(1) |
Unbound. |
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(2) |
None. |
(2) |
None. |
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Container handling services |
(3) |
None, except that upon accession |
(3) |
None. |
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(CPC 7411)29 |
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joint ventures with foreign capital |
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contribution not exceeding 50% can |
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be established. |
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(4) Unbound, except as indicated in the |
(4) Unbound, except as indicated in the |
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horizontal section. |
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horizontal section. |
29 Public utility concession or licensing procedures may apply in case of occupation of the public domain.
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Page47WT/ACC/VNM/48/Add. |
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2 |
30 "Customs clearance services" (alternatively "customs house brokers’ services") means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity.
* A commitment on this mode of delivery is not feasible.
31 "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.
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48WT/ACC/VNM/48/Add |
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.2 |
32 The criteria taken into account are among others: creation of new jobs; positive foreign currency balance; introduction of advanced technology, including management skill; reduced industrial pollution; professional training for Vietnamese workers; etc.
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50WT/ACC/VNM/48/Add |
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.2 |
33 Including freight forwarding services. These services mean the activities consisting of organizing and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.
* A commitment on this mode of delivery is not feasible.
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Page51WT/ACC/VNM/48/Add. |
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2 |
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(2) |
Consumption abroad (3) Commercial presence (4) Presence of natural person |
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Sectors and sub-sectors |
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Limitations on Market Access |
Limitations on National Treatment |
Additional Commitments |
52Page2.WT/ACC/VNM/48/Add |
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(d) Other |
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(1) |
contribution of foreign side not |
(1) |
Unbound, except freight brokerage |
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Unbound, except freight brokerage |
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(part of CPC 749)34 |
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services: None after 5 years from |
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services: None after 5 years from |
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the date of accession. |
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the date of accession. |
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(2) |
None. |
(2) |
None. |
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(3) |
Upon accession, foreign service |
(3) |
None. |
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suppliers are only permitted to |
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provide services through the |
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establishment of joint ventures with |
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Vietnamese partners with the capital |
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exceeding 49%. After 3 years from |
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the date of accession, this limitation |
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shall be 51%. Four years thereon, |
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this capital limitation shall be |
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abolished. |
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(4) |
Unbound, except as indicated in the |
(4) |
Unbound, except as indicated in the |
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horizontal section. |
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horizontal section. |
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34 Include the following activities: bill auditing; freight brokerage services; freight inspection, weighing and sampling services; freight receiving and acceptance services; transportation document preparation services. These services are provided on behalf of cargo owners.
Page 53
REFERENCE PAPER
I. SCOPE
The following are definitions and principles on the regulatory framework for the basic telecommunications services.
Definitions
Users mean service consumers and service suppliers.
Essential facilities mean facilities of a public telecommunications transport network or service
that
(a) are exclusively or predominantly provided by a single or limited number of suppliers; and
(b) cannot feasibly be economically or technically substituted in order to provide a service.
A major supplier is a supplier which has the ability to materially affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:
(a) control over essential facilities; or
(b) use of its position in the market.
1. Competitive safeguards
1.1 Prevention of anti-competitive practices in telecommunications
Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or continuing anti-competitive practices.
1.2 Safeguards
The anti-competitive practices referred to above shall include in particular:
(a) engaging in anti-competitive cross-subsidization;
(b) using information obtained from competitors with anti-competitive results; and
(c) not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information which are necessary for them to provide services.
2. Interconnection
2.1 This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken.
Page 54
2.2 Interconnection to be ensured
Interconnection with a major supplier will be ensured at any technically feasible point in the network. Such interconnection is provided.
(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;
(b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable, having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not require for the service to be provided; and
(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of construction of necessary additional facilities.
2.3 Public availability of the procedures for interconnection negotiations
The procedures applicable for interconnection to a major supplier will be made publicly available.
2.4 Transparency of interconnection arrangements
It is ensured that a major supplier will make publicly available either its interconnection agreements or a reference interconnection offer.
2.5 Interconnection: dispute settlement
A service supplier requesting interconnection with a major supplier will have recourse, either:
(a) at any time; or
(b) after a reasonable period of time which has been made publicly known to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time, to the extent that these have not been established previously.
3. Universal service
Any Member has the right to define the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti-competitive per se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for the kind of universal service defined by the Member.
4. Public availability of licensing criteria
Where a licence is required, the following will be made publicly available:
(a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and
(b) the terms and conditions of individual licenses.
Page 55
The reasons for the denial of a licence will be made known to the applicant upon request.
5. Independent regulators
The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.
6. Allocation and use of scarce resources
Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely, transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of frequencies allocated for specific government uses is not required.
LIST OF ARTICLE II (MFN) EXEMPTIONS
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Description of measures (to be applied to |
Countries to which the |
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Conditions creating the need for |
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Sectors or sub-sectors |
sector) indicating its inconsistency with |
Intended duration |
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measures applied |
the MFN exemption |
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Article II |
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All sectors |
Measures extending preferential treatment |
All countries that have |
Indefinite |
Foster investment in Viet Nam. |
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Commercial presence. |
pursuant to bilateral investment treaties. |
signed bilateral investment |
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treaties with Viet Nam. |
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Audiovisual services |
Measures based upon co-production |
WTO Members with which |
Indefinite |
The aim of these agreements is |
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- |
Production, distribution |
agreements of audiovisual works, which |
such bilateral or plurilateral |
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to promote cultural links |
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and projection of television |
confer National Treatment to audiovisual |
agreements are in force, now |
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between the countries |
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programmes and |
works covered by such agreements. |
or in the future. |
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concerned. |
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cinematographic works. |
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Audiovisual services |
Measures granting the benefit of support |
WTO Members with which |
Indefinite |
These programmes aim at |
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- |
Production and distribution |
programmes to audiovisual works, and |
bilateral and plurilateral |
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preserving and promoting the |
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of television programmes |
suppliers of such works meeting origin |
agreements have been signed |
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cultural identity of countries |
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and cinematographic |
criteria. |
in the area of cultural |
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with which Viet Nam has long- |
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works. |
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cooperation. |
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standing cultural links. |
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Audiovisual services |
Measures which extend National Treatment to |
WTO Members with which |
Indefinite |
These measures aim, within the |
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- |
Production and distribution |
audiovisual works which meet certain origin |
bilateral or plurilateral |
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sector, to promote cultural |
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of audiovisual works |
criteria regarding access to broadcasting |
agreements have been |
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values both within Viet Nam, |
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through broadcasting |
transmission. |
concluded in the area of |
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and with other countries, |
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transmission to the public. |
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cultural cooperation. |
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including in the region. |
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Maritime transport. |
Measures based upon agreements covering the |
All WTO Members with |
5 years |
Bilateral Agreements. |
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normal business operations of fully owned |
whom maritime transport |
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subsidiaries of foreign shipping companies. |
cooperation may be |
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desirable. |
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Sea-transport services: |
The three sub-sectors are subject to |
Republic of Singapore. |
10 years |
Bilateral Agreement. |
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preferential treatment under Maritime |
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Internal road freight |
Agreement between Viet Nam and Singapore. |
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transportation by lorry; |
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