WTO Agreenment with Vietnam (Part 3)

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

  ADVICE & SERVICE


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

8.      HEALTH RELATED AND SOCIAL SERVICES


A. Hospital services

(1)

None.

(1)

None.

 

(CPC 9311)

(2)

None.

(2)

None.

 

 

(3)

Foreign service suppliers are

(3)

None.


B. Medical and dental services

 

permitted to provide services

 

 

 

(CPC 9312)

 

through the establishment of 100%

 

 

 

 

 

foreign-invested hospital, joint

 

 

 

 

 

venture with Vietnamese partners or

 

 

 

 

 

through business cooperation

 

 

 

 

 

contract.

 

 

 

The minimum investment capital for

 

a commercial presence in hospital

 

services must be at least

 

US$20 million for a hospital,

 

US$2 million for a policlinic unit

 

and US$200,000 for a specialty unit.

 

(4)   Unbound, except as indicated in the

(4)   Unbound, except as indicated in the

horizontal section.

horizontal section.

 

9.      TOURISM AND TRAVEL RELATED SERVICES


A. Hotel and restaurant including

(1)

None.

(1)

None.

 

 

 

(2)

None.

(2)

None.

 

-

Lodging services

(3)

None, except for a period of 8 years

(3)

None.

 

 

(CPC 64110)

 

from the accession date the services

 

 

 

 

 

 

provided should be in parallel with

 

 

 

-

Catering food

 

investment in hotel construction,

 

 

 

 

(CPC 642) and

 

renovation, restoration or

 

 

 

 

drink services

 

acquisition.  None afterwards.

 

 

 

 

(CPC 643)

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

horizontal section.

 

horizontal section.

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page43WT/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. Travel agencies and tour operator

 

(1)

None.

(1)

None.

 

 

services

 

(2)

None.

(2)

None.

 

 

(CPC 7471)

 

(3)

None, except that:

(3)

None, except tourist guides in

 

 

 

 

 

foreign service suppliers are

 

foreign-invested enterprises shall be

 

 

 

 

 

permitted to provide services in the

 

Vietnamese citizens. Foreign

 

 

 

 

 

form of joint ventures with

 

service supplying enterprises can

 

 

 

 

 

Vietnamese partners with no

 

only do inbound services and

 

 

 

 

 

limitation on foreign capital

 

domestic travel for inbound tourists

 

 

 

 

 

contribution.

 

as an integral part of inbound

 

 

 

 

 

 

 

services.

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

horizontal section.

 

horizontal section.

 


10. RECREATIONAL, CULTURAL AND SPORTING SERVICES

 

 

 


A. Entertainment services

 

(1)

Unbound.

(1)

Unbound.

 

 

(including theatre, live bands and

 

(2)

None.

(2)

None.

 

 

circus services)

 

(3)

Unbound except after 5 years from

(3)

None.

 

 

(CPC 9619)

 

 

the date of accession, joint ventures

 

 

 

 

 

 

 

with foreign capital contribution not

 

 

 

 

 

 

 

exceeding 49% are permitted.

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

horizontal section.

 

horizontal section.

 


D. Other

 

(1)

Unbound.

(1)

Unbound.

 

 

 

 

(2)

None.

(2)

None.

 

-

Electronic games business

 

(3)

Only through business cooperation

(3)

None.

 

 

(CPC 964**)

 

 

contract or joint-venture with

 

 

 

 

 

 

 

Vietnamese partners who are

 

 

 

 

 

 

 

specifically authorized to provide

 

 

 

 

 

 

 

these services.  Foreign capital

 

 

 

 

 

 

 

contribution shall not exceed 49%

 

 

 

 

 

 

 

of the legal capital of the joint

 

 

 

 

 

 

 

ventures.

 

 

 

 

 

 

(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


11. TRANSPORT SERVICES

 

 

 

 

 

 


A. Maritime Transport Services

 

(1)

Unbound, except international

(1)

Unbound, except international

The following services at the port are

 

 

 

 

freight transportation: None.

 

freight transportation: None.

made available to international maritime

(a)

Passenger transportation less

 

(2)

None.

(2)

None.

transport suppliers on reasonable and

 

cabotage

 

(3)

(a) Establishment of registered

(3)

None.

non-discriminatory terms and conditions:

 

(CPC 7211)

 

 

companies for the purpose of

 

 

 

 

 

 

 

 

operating a fleet under the national

 

 

1.

Pilotage;

(b)   Freight transportation less cabotage

 

 

flag of Viet Nam:

 

 

2.

Towing and tug assistance;

 

(CPC 7212)

 

 

After 2 years from the date of

 

 

3.

Provisioning, fuelling and watering

 

 

 

 

accession, foreign service suppliers

 

 

4.

Garbage collecting and ballast waste

 

 

 

 

are permitted to establish joint-

 

 

 

disposal;

 

 

 

 

ventures with foreign capital

 

 

5.

Port Captain's/Harbour Master's

 

 

 

 

contribution not exceeding 49% of

 

 

 

services;

 

 

 

 

total legal capital.  Foreign seafarers

 

 

6.

Navigation aids;

 

 

 

 

may be permitted to work in ships

 

 

7.

Shore-based operational services

 

 

 

 

under the national flag of Viet Nam

 

 

 

essential to ship operations,

 

 

 

 

(or registered in Viet Nam) owned

 

 

 

including communications, water

 

 

 

 

by joint-ventures in Viet Nam but

 

 

 

and electrical supplies;

 

 

 

 

not exceeding 1/3 of total

 

 

8.

Emergency repair facilities;

 

 

 

 

employees of the ships. The Master

 

 

9.

Anchorage, berth and berthing

 

 

 

 

or first chief executive must be

 

 

 

services;

 

 

 

 

Vietnamese citizen.

 

 

10.

Access to maritime agency

 

 

 

 

 

 

 

 

services.27

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page45WT/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)   Other forms of commercial presence

 

 

 

for the supply of international

 

 

 

maritime transport services28:

 

 

 

Upon accession, foreign shipping

 

 

 

companies can establish joint

 

 

 

ventures with 51% foreign

 

 

 

ownership. After 5 years from the

 

 

 

date of accession, foreign shipping

 

 

 

companies can establish 100%

 

 

 

foreign-invested enterprises.

 

 

 

Upon accession, foreign-invested

 

 

 

enterprises are only permitted to

 

 

 

carry out activities from (1) to (5) as

 

 

 

indicated below:

 

 

 

1.   Marketing and sales maritime

 

 

 

transport services through direct

 

 

 

contact with customers, from

 

 

 

quotation to invoicing;

 

 

 

2.   Acting on behalf of the cargo

 

 

 

owners;

 

 

 

3.   Provision of required business

 

 

 

information;

 

 

 

4.   Preparation of documentation

 

 

 

concerning transport documents

 

 

 

including customs documents,

 

 

 

or other documents related to the

 

 

 

origin and character of the goods

 

 

 

transported; and

 

 

 

5.   Provision of maritime transport

 

 

 

services including cabotage

 

 

 

services by Vietnamese flagged

 

 

 

vessels for the supply of

 

 

 

integrated transport services.

 

 

 

 

 

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.


 

Page

 

46WT/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

 

After 5 years from the date of

 

accession, activities from (6) to (7)

shall be allowed.

 

 

 

 

6.   Acting on behalf of the

 

 

 

 

 

company, organising the call of

 

 

 

 

 

the ship or taking over cargoes

 

 

 

 

 

when required;

 

 

 

 

 

7.   Negotiate and sign contracts for

 

 

 

 

 

road, rail, inland waterways

 

 

 

 

 

transportation related to cargoes

 

 

 

 

 

transported by the company.

 

 

 

 

 

The number of joint ventures by

 

 

 

 

 

foreign shipping companies will be

 

 

 

 

 

limited to 5 companies upon

 

 

 

 

 

accession.  Three additional

 

 

 

 

 

companies will be allowed every

 

 

 

 

 

two years thereafter. After 5 years

 

 

 

 

 

from the date of accession, no

 

 

 

 

 

limitation on the number of joint

 

 

 

 

 

ventures.

 

 

 

 

(4)   Unbound, except as indicated in the

(4)   Unbound, except as indicated in the

 

 

 

horizontal section.

 

horizontal section.

Maritime Auxiliary Services

(1)

Unbound.

(1)

Unbound.

 

 

(2)

None.

(2)

None.

-

Container handling services

(3)

None, except that upon accession

(3)

None.

 

(CPC 7411)29

 

joint ventures with foreign capital

 

 

 

 

 

contribution not exceeding 50% can

 

 

 

 

 

be established.

 

 

 

 

(4)   Unbound, except as indicated in the

(4)   Unbound, except as indicated in the

 

 

 

horizontal section.

 

horizontal section.

 

 

 

 

 

 

 

29  Public utility concession or licensing procedures may apply in case of occupation of the public domain.


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page47WT/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

-

Customs Clearance Services30

 

(1)

Unbound.*

(1)

Unbound.*

 

 

 

 

(2)

None.

(2)

None.

 

 

 

 

(3)

None, except that upon accession

(3)

None.

 

 

 

 

 

joint ventures with foreign capital

 

 

 

 

 

 

 

contribution not exceeding 51% can

 

 

 

 

 

 

 

be established. After 5 years, joint

 

 

 

 

 

 

 

ventures can be established with no

 

 

 

 

 

 

 

foreign ownership limitation.

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

horizontal section.

 

horizontal section.

 

-

Container Station and Depot

 

(1)

Unbound.*

(1)

Unbound.*

 

 

Services31

 

(2)

None.

(2)

None.

 

 

 

 

(3)

None, except that upon accession

(3)

None.

 

 

 

 

 

joint ventures with foreign capital

 

 

 

 

 

 

 

contribution not exceeding 51% can

 

 

 

 

 

 

 

be established.  Seven years upon

 

 

 

 

 

 

 

accession, none.

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

horizontal section.

 

horizontal section.

 


B. Internal Waterways Transport

 

(1)

Unbound.

(1)

Unbound.

 

 

 

 

(2)

None.

(2)

None.

 

(a)

Passenger transport

 

(3)

Upon accession, foreign service

(3)

None.

 

 

(CPC 7221)

 

 

suppliers are permitted to provide

 

 

 

 

 

 

 

services only through the

 

 

 

(b)

Freight transport

 

 

establishment of joint ventures with

 

 

 

 

(CPC 7222)

 

 

Vietnamese partners in which the

 

 

 

 

 

 

 

capital contribution of foreign side

 

 

 

 

 

 

 

not exceeding 49% of total legal

 

 

 

 

 

 

 

capital.

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

horizontal section.

 

horizontal section.

 

 

 

 

 

 

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.


 

Page

 

48WT/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

 


C. Air Transport Services

 

(1)

None.

(1)

None.

 

 

 

 

 

(2)

None.

(2)

None.

 

 

(a)   Sales and marketing air products

 

(3)

Airlines are permitted to provide

(3)

None.

 

 

 

services

 

 

service in Viet Nam through their

 

 

 

 

 

 

 

 

ticketing offices or agents in

 

 

 

 

 

 

 

 

Viet Nam.

 

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

 

horizontal section.

 

horizontal section.

 

 

(b)

Computer reservation services

 

(1)

None, except the foreign service

(1)

None.

 

 

 

 

 

 

supplier must use public

 

 

 

 

 

 

 

 

telecommunication network under

 

 

 

 

 

 

 

 

the management of Viet Nam

 

 

 

 

 

 

 

 

telecommunication authority.

 

 

 

 

 

 

 

(2)

None, except as indicated in

(2)

None.

 

 

 

 

 

 

Mode 1.

 

 

 

 

 

 

 

(3)

None, except as indicated in

(3)

None.

 

 

 

 

 

 

Mode 1.

 

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

 

horizontal section.

 

horizontal section.

 

 

(c)   Maintenance and repair of aircraft

 

(1)

None.

(1)

None.

 

 

 

(CPC 8868**)

 

(2)

None.

(2)

None.

 

 

 

 

 

(3)

Upon accession, joint-ventures are

(3)

None.

 

 

 

 

 

 

permitted with the capital

 

 

 

 

 

 

 

 

contribution of foreign side not

 

 

 

 

 

 

 

 

exceeding 51%.  After 5 years from

 

 

 

 

 

 

 

 

the date of accession, 100% foreign-

 

 

 

 

 

 

 

 

invested enterprises shall be

 

 

 

 

 

 

 

 

allowed.

 

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

49Page2.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. Rail Transport Services

 

(1)

Unbound.

(1)

Unbound.

 

 

 

 

(2)

None.

(2)

None.

 

(a)

Passenger transportation

 

(3)

Unbound except:  Foreign suppliers

(3)

Unbound.

 

 

(CPC 7111)

 

 

are permitted to provide freight

 

 

 

 

 

 

 

transport services through the

 

 

 

(b)

Freight transportation

 

 

establishment of joint ventures with

 

 

 

 

(CPC 7112)

 

 

Vietnamese partners in which the

 

 

 

 

 

 

 

capital contribution of foreign side

 

 

 

 

 

 

 

not exceeding 49% of the total legal

 

 

 

 

 

 

 

capital.

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

horizontal section.

 

horizontal section.

 


F. Road Transport Services

 

(1)

Unbound.

(1)

Unbound.

 

 

 

 

(2)

None.

(2)

None.

 

(a)

Passenger transportation

 

(3)

None, except:

(3)

None.

 

 

(CPC 7121+7122)

 

 

 

 

 

 

 

 

 

 

Upon accession, foreign service

 

 

 

(b)

Freight transportation

 

 

suppliers are permitted to provide

 

 

 

 

(CPC 7123)

 

 

passenger and freight transport

 

 

 

 

 

 

 

services through business

 

 

 

 

 

 

 

cooperation contracts or joint-

 

 

 

 

 

 

 

ventures with the capital

 

 

 

 

 

 

 

contribution of foreign side not

 

 

 

 

 

 

 

exceeding 49%.

 

 

 

 

 

 

 

After 3 years from the date of

 

 

 

 

 

 

 

accession, subject to the needs of

 

 

 

 

 

 

 

the market32, joint-ventures with

 

 

 

 

 

 

 

foreign capital contribution not

 

 

 

 

 

 

 

exceeding 51% may be established

 

 

 

 

 

 

 

to provide freight transport services.

 

 

 

 

 

 

 

One hundred % of joint-venture's

 

 

 

 

 

 

 

drivers shall be Vietnamese citizen.

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

horizontal section.

 

horizontal section.

 

 

 

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.


 

Page

 

50WT/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

 

 

Sectors and sub-sectors

 

 

Limitations on Market Access

Limitations on National Treatment

Additional Commitments


H. Services Auxiliary to all Modes of transport

 

(1)

Unbound.

(1)

Unbound.

 

 


 

(2)

None.

(2)

None.

 

 

 

 

(3)

Upon accession, foreign service

(3)

None.

 

(a)

Container handling services, except

 

 

suppliers are only permitted to

 

 

 

 

services provided at airports

 

 

provide services through the

 

 

 

 

(part of CPC 7411)

 

 

establishment of joint ventures with

 

 

 

 

 

 

 

Vietnamese partners with the

 

 

 

 

 

 

 

capital contribution of foreign side

 

 

 

 

 

 

 

not exceeding 50%.

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

horizontal section.

 

horizontal section.

 

(b)

Storage and warehouse services

 

(1)

Unbound.*

(1)

Unbound.

 

 

(CPC 742)

 

(2)

None.

(2)

None.

 

 

 

 

(3)

None, except that upon accession

(3)

None.

 

(c)

Freight transport agency services

 

 

joint ventures with foreign capital

 

 

 

 

(CPC 748)33

 

 

contribution not exceeding 51% can

 

 

 

 

 

 

 

be established.  Seven years after

 

 

 

 

 

 

 

accession, none.

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

horizontal section.

 

horizontal section.

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.


 

 

 

 

 

 

 

 

 

 

Page51WT/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

52Page2.WT/ACC/VNM/48/Add

(d)   Other

 

(1)

contribution of foreign side not

(1)

Unbound, except freight brokerage

 

 

Unbound, except freight brokerage

 

 

(part of CPC 749)34

 

 

services:  None after 5 years from

 

services:  None after 5 years from

 

 

 

 

 

the date of accession.

 

the date of accession.

 

 

 

 

(2)

None.

(2)

None.

 

 

 

 

(3)

Upon accession, foreign service

(3)

None.

 

 

 

 

 

suppliers are only permitted to

 

 

 

 

 

 

 

provide services through the

 

 

 

 

 

 

 

establishment of joint ventures with

 

 

 

 

 

 

 

Vietnamese partners with the capital

 

 

 

 

 

 

 

exceeding 49%.  After 3 years from

 

 

 

 

 

 

 

the date of accession, this limitation

 

 

 

 

 

 

 

shall be 51%.  Four years thereon,

 

 

 

 

 

 

 

this capital limitation shall be

 

 

 

 

 

 

 

abolished.

 

 

 

 

 

 

(4)

Unbound, except as indicated in the

(4)

Unbound, except as indicated in the

 

 

 

 

 

horizontal section.

 

horizontal section.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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.


WT/ACC/VNM/48/Add.2

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.


WT/ACC/VNM/48/Add.2

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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.


WT/ACC/VNM/48/Add.2

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

 

 

 

Description of measures (to be applied to

Countries to which the

 

Conditions creating the need for

 

Sectors or sub-sectors

sector) indicating its inconsistency with

Intended duration

 

measures applied

the MFN exemption

 

 

Article II

 

 

 

 

 

 

All sectors

Measures extending preferential treatment

All countries that have

Indefinite

Foster investment in Viet Nam.

Commercial presence.

pursuant to bilateral investment treaties.

signed bilateral investment

 

 

 

 

 

treaties with Viet Nam.

 

 

Audiovisual services

Measures based upon co-production

WTO Members with which

Indefinite

The aim of these agreements is

-

Production, distribution

agreements of audiovisual works, which

such bilateral or plurilateral

 

to promote cultural links

 

and projection of television

confer National Treatment to audiovisual

agreements are in force, now

 

between the countries

 

programmes and

works covered by such agreements.

or in the future.

 

concerned.

 

cinematographic works.

 

 

 

 

Audiovisual services

Measures granting the benefit of support

WTO Members with which

Indefinite

These programmes aim at

-

Production and distribution

programmes to audiovisual works, and

bilateral and plurilateral

 

preserving and promoting the

 

of television programmes

suppliers of such works meeting origin

agreements have been signed

 

cultural identity of countries

 

and cinematographic

criteria.

in the area of cultural

 

with which Viet Nam has long-

 

works.

 

cooperation.

 

standing cultural links.

Audiovisual services

Measures which extend National Treatment to

WTO Members with which

Indefinite

These measures aim, within the

-

Production and distribution

audiovisual works which meet certain origin

bilateral or plurilateral

 

sector, to promote cultural

 

of audiovisual works

criteria regarding access to broadcasting

agreements have been

 

values both within Viet Nam,

 

through broadcasting

transmission.

concluded in the area of

 

and with other countries,

 

transmission to the public.

 

cultural cooperation.

 

including in the region.

Maritime transport.

Measures based upon agreements covering the

All WTO Members with

5 years

Bilateral Agreements.

 

 

normal business operations of fully owned

whom maritime transport

 

 

 

 

subsidiaries of  foreign shipping companies.

cooperation may be

 

 

 

 

 

desirable.

 

 

Sea-transport services:

The three sub-sectors are subject to

Republic of Singapore.

10 years

Bilateral Agreement.

 

 

preferential treatment under Maritime

 

 

 

-

Internal road freight

Agreement between Viet Nam and Singapore.

 

 

 

 

transportation by lorry;