WTO Vietnam

7/31/2019 WTO Vietnam

1/108

SECTOR SPECIFIC COMMITMENTS

Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial p

Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments

01.A. Professional Services

1) None. 1) None.(a) Legal services _x000D_(CPC 861, excluding:_x000D_

_x000D_- participation in legal proceedings in thecapacity of defenders or representatives oftheir clients before the courts of VietNam;_x000D_

_x000D_- legal documentation and certificationservices of the laws of Viet Nam)


2/108


Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial


3) 3) None.

1) None. 1)

2) None. 2) None.

Foreign lawyers organizations #3 are permittedto establish commercial presence in Viet Nam inthe following forms: _x000D_

_x000D_- Branches of foreign lawyersorganizations;_x000D_- Subsidiaries of foreign lawyersorganizations;_x000D_- Foreign law firms #4 ;_x000D_- Partnerships between foreign lawyersorganizations and Viet Nam's law

partnerships._x000D__x000D_Commercial presences of foreign lawyersorganizations are permitted to makeconsultations on Vietnamese laws if theconsulting lawyers have graduated from a

Vietnamese law college and satisfy requirementsapplied to like Vietnamese lawpractitioners._x000D_

_x000D_

g) Urban Planning and LandscapeArchitectural Services_x000D_(CPC 8674)_x000D_

None, except the service must beauthenticated by an architect who hasappropriate practicing certificate working in a

Vietnamese architectural organization whichhas juridical entity status, and comply withrelevant laws and regulations of Viet Nam.


3/108




3) 3)

1) None. 1) None.

3) 3) None.

None, except:_x000D__x000D_After 2 years from the date of accession, 100%foreign-invested enterprises may be established.

_x000D_For the period of 2 years from the date of WTOaccession, 100% foreign-invested enterprisesmay only provide services to foreign-investedenterprises in Viet Nam._x000D_Foreign enterprises have to be juridical personsof a WTO Member. _x000D_

None, except the responsible foreignarchitects working in foreign-investedenterprises must have the professionalpracticing certificate granted or recognized bythe Government of Viet Nam._x000D_In some areas, subject to the regulations ofthe Government of Viet Nam for nationalsecurity and social stability purposes, foreignservice suppliers may not be permitted toprovide this service #7. _x000D_

i) Veterinary Services_x000D_(CPC 932) #8_x000D_

Access is granted to natural persons exclusivelyfor the conduct of private professional practice

and under the authorization by the veterinaryauthorities.


4/108

WTO Services Database Output

resence 4)Presence of natural persons

Notes 2011 onward

#3 A "foreign lawyers organization" is anorganization of practicing lawyers

established in any commercial corporateform in a foreign country (including firms,companies, corporations, etc.) by one ormore foreign lawyers or law firms. _x000D_#4 Foreign law firm is an organizationestablished in Viet Nam by one or moreforeign lawyers organizations for thepurpose of practicing law in Viet Nam._x000D_


5/108

WTO Services Database Outputresence 4)Presence of natural persons

Notes 2011 onward

#7 For greater transparency, thiscommitment allows the maintenance oradoption of limitations or restrictions fornational security and public order reasonsthat would be justified under Article XIV andArticle XIV bis of the GATS._x000D_


6/108


Notes 2011 onward

#8 Excluding keeping micro-organism strainfor veterinary.


7/108




01.F. Other Business Services

1) None. 1) None.

1) None. 1) None.

3) 3)

1) None. 1) None.

F. Other Business

Services_x000D_(a) Advertising services_x000D_(CPC 871, excludingadvertising forcigarettes)_x000D_

The advertising for wines and

spirits shall be subject to Stateregulations, which are appliedon a non-discriminatory basis.

b) Market Research _x000D_(CPC 864, excluding 86402)

None._x000D_After 3 years from the date ofaccession, branching is allowed._x000D_

None, except that the chief of the branch hasto be a resident in Viet Nam.

(d) Services related tomanagement consulting_x000D__x000D_- CPC 866, except CPC86602_x000D_- Arbitration and conciliationservices for commercial

disputes between businesses_x000D_(CPC 86602**)_x000D__x000D_


8/108




3) 3)

1) Unbound. 1) None.

None, except that: _x000D__x000D_After 3 years from the date ofaccession, branching isallowed._x000D__x000D_For CPC 866 except CPC 86602: for theperiod of 1 year from the date ofaccession: only in the form of jointventure or business cooperationcontract. Thereafter: none._x000D_

_x000D_For Arbitration and conciliation servicesfor commercial disputes betweenbusinesses (CPC 86602**): for theperiod of 3 years from the date ofaccession: unbound. Thereafter: none._x000D_


(e) Technical testing andanalysis services _x000D_(CPC 8676, excludingconformity testing oftransport vehicles andcertification of transportvehicles)_x000D_


9/108




3) 3) None.None, except where Viet Nam allowsprivate suppliers access to a sectorpreviously closed to private sectorcompetition on the grounds that theservice had been supplied in theexercise of governmental authority,joint ventures to supply such serviceshall be allowed without limitation onforeign ownership 3 years after suchaccess to private sector competition isallowed. Five years after those private

sector services suppliers have beengranted such access: none._x000D__x000D_Access to certain geographic areas maybe restricted for national securityreasons._x000D_


10/108




1) None. 1) None.

3) 3)

(f) Services incidental toagriculture, hunting andforestry _x000D_

(CPC 881) #10_x000D__x000D_

None, except:_x000D__x000D_Only in the form of joint-venture or

business co-operation contract.Foreign capital contribution may not

exceed 51% of the legal capital of thejoint venture._x000D_

None, except:_x000D__x000D_Access to certain geographical areas may be

restricted #11. _x000D_


11/108




1) 1)

1) None. 1) None.

h) Services Incidental toMining_x000D_(CPC 883)_x000D_

_x000D_1. The commitmentsspecified hereunder are notunderstood to cover thefollowing activities: supply ofequipment, materials andchemicals, supply baseservices, offshore/marine

support vessels,accommodation and catering,helicopter services._x000D_

_x000D_2. The commitmentsspecified hereunder aremade without prejudice tothe rights of the Governmentof Viet Nam to set out thenecessary regulations andprocedures to regulate the oil

and gas related activitiescarried out within theterritory or jurisdiction of VietNam in full conformity withthe rights and obligations of

Viet Nam under the GATS._x000D_

None, except: companies without acommercial presence may be requiredto be registered with the competentauthority of the Government of VietNam under the terms outlined in VietNam's applicable laws.

None, except as indicated in market accesscolumn.


12/108




3) 3) Unbound.

1) 1)

None, except: _x000D__x000D_After from the date ofaccession, only joint ventures withforeign capital contribution notexceeding 50% shall be permitted.

thereon: 100% foreign-invested enterprises shall be permitted._x000D_

(m) Related scientific andtechnical consulting services#12_x000D_(CPC 86751, 86752 and86753 only) _x000D_

None, except: companies without acommercial presence may be requiredto be registered with the competentauthority of the Government of VietNam under the terms outlined in VietNam's applicable laws.

None, except as indicated in the marketaccess column.


13/108



Notes 2011 onward


14/108


Notes 2011 onward


15/108



Notes 2011 onward


16/108



Notes 2011 onward

#10 Excluding services relating toinvestigation, evaluation and exploitation fornatural forest including exploitation ofwoods and wild, rare and precious animalshunting and trapping, aerial photographing,aerial seed planting and aerial chemicalsspraying and dusting, micro-bial plant,animal genetic resource in agriculture. Forthe avoidance of ambiguity, animalhusbandry and the improvement ofbreeding stock are included in this

commitment._x000D_#11 For greater transparency, this allowsthe maintenance or adoption of limitationsor restrictions for national security andpublic order reasons in accordance with

Article XIV and Article XIV bis of theGATS._x000D_


17/108



Notes 2011 onward


18/108


Notes 2011 onward

#12 The supply of services related toprospecting, surveying, exploration andexploitation is subject to the applicable lawsand regulations of Viet Nam.


19/108




1) None. 1) None.

2) None. 2) None.

3) 3)

4) 4)

01.B. Computer and RelatedServices

B. Computer and RelatedServices (CPC 841-845, CPC849)_x000D__x000D_

None, except:_x000D_For the period of 2 years from the dateof WTO accession, 100% foreign-invested enterprises may only provideservices to foreign-invested enterprises

in Viet Nam. _x000D__x000D_After 3 years from the date ofaccession, branching is allowed._x000D_


Unbound, except as indicated in thehorizontal section.



20/108


Notes 2011 onward


21/108




1) None. 1) None.

2) None. 2) None.

3) None. 3) None.

4) 4)

1) 1)

2) None. 2) None.

3) Unbound. 3) Unbound.

4) 4)

01.E. Rental/Leasing Serviceswithout Operators

E. Rental/Leasing Serviceswithout Operators _x000D_(b) Relating to aircraft_x000D_(CPC 83104) _x000D__x000D__x000D__x000D_

Unbound, except as indicated in thehorizontal section


d) Relating to otherMachinery and Equipment(CPC 83109)

Unbound, except for industrialmachinery and equipment #9: None.

Unbound, except for industrial machinery andequipment: None.




22/108



Notes 2011 onward

#9 Excluding mining and oil fieldequipment; commercial radio, television andcommunication equipment.


23/108




04. Distribution Services


24/108




1) 1)Measures applicable to allsub-sectors in DistributionServices:_x000D__x000D_Cigarettes and cigars, books,newspapers and magazines,video records on whatevermedium, precious metals andstones, pharmaceuticalproducts and drugs #22,explosives, processed oil andcrude oil, rice, cane and beetsugar are excluded from thecommitments._x000D__x000D_A. Commission agents'services _x000D_(CPC 621, 61111, 6113,6121)_x000D__x000D_

B. Wholesale trade services_x000D_(CPC 622, 61111, 6113,

6121)_x000D__x000D_C. Retailing services _x000D_(CPC 631 + 632, 61112,6113, 6121) #23_x000D__x000D__x000D_

Unbound, except none for:_x000D_- Distribution of products for personaluse;_x000D_- Distribution of legitimate computersoftware for personal and commercialuse._x000D_

Unbound, except as indicated in Mode 1,market access column. _x000D__x000D_


25/108




2) None. 2) None.


26/108




3) 3) None.None, except:_x000D__x000D_A joint venture with a Vietnamesepartner(s) is required, and foreigncapital contribution shall not exceed49%. As of 1 January 2008, the 49%capital limitation shall be abolished. Asof 1 January 2009, none. _x000D_

_x000D_Upon accession, foreign-investedcompanies engaging in distribution

services will be permitted to engage inthecommission agents', wholesale andretail business of all legally importedand domestically produced productsexcept for: cement and cementclinkers; tyres (excluding tyres ofairplanes); papers; tractors; motorvehicles; cars and motorcycles; ironand steel; audiovisual devices; winesand spirits; and fertilizers._x000D_

_x000D_As of 1 January 2009, foreign-investedcompanies engaging in distributionservices will be permitted to engage inthe commission agents', wholesale andretail business of tractors; motorvehicles; cars and motorcycles._x000D_

_x000D_Within 3 years of Viet Nam's accession,foreign-invested companies engaging indistribution services will be permitted toengage in the commission agents',wholesale and retail business of alllegally imported and domesticallyproduced products. _x000D_

_x000D_The establishment of outlets for retailservices (beyond the first one) shall beallowed on the basis of an EconomicNeeds Test (ENT) #24. _x000D_


27/108




4) 4)

1) 2) None. 1) 2) None.

3) 3)

4) 4)



D. Franchising services_x000D_(CPC 8929)_x000D_

None, except a joint venture with aVietnamese partner(s) is required, andforeign capital contribution shall notexceed 49%. As of 1 January 2008,the 49% capital limitation shall beabolished. As of 1 January 2009, none._x000D_

After 3 years from the date ofaccession, branching is allowed_x000D_





28/108



Notes 2011 onward


29/108



Notes 2011 onward

#22 For the purposes of this schedule"pharmaceuticals and drugs" do not includenon-pharmaceutical nutritional supplementsin tablet, capsule or powderedform._x000D_#23 For transparency purposes, thiscommitment includes multi-level sales byproperly trained and certified Vietnameseindividual commission agents away from afixed location for which remuneration isreceived both for the sales effort and forsales support services that result inadditional sales by other contracteddistributors._x000D_#24 Applications to establish more than oneoutlet shall be subject to pre-establishedpublicly available procedures, and approvalshall be based on objective criteria. Themain criteria of the ENT include the numberof existing service suppliers in a particulargeographic area, the stability of market andgeographic scale.


30/108



Notes 2011 onward


31/108



Notes 2011 onward


32/108


Notes 2011 onward

s


33/108




02. Communication Services


34/108




1) None. #16 1) None.B. Courier Services_x000D_(CPC 7512**)_x000D_* Express delivery services#13, i.e. services consistingof collection, sorting,transport and delivery,whether for domestic orforeign destination,of:_x000D_(a) Written communication#14, on any kind of physicalmedium, including:_x000D_

-Hybrid mail service;_x000D_-Direct mail._x000D_Except for the handling ofitems of writtencommunication the price ofwhich is less than:_x000D_-10 times the tariff for thehandling of a standarddomestic letter in the firstweight level for domesticshipments;_x000D_

-US$9 for internationalshipments;provided that thegross weight of these itemsis less than 2,000grams._x000D_

_x000D_(b) Parcels #15 and othergoods._x000D_* Handling of non-addresseditems._x000D_

_x000D_

Services and services suppliersof any other Member shall beaccorded treatment no lessfavourable than the treatmentaccorded to the VietnamesePost Office or its subsidiaries forits competitive activities.


35/108




2) None. 2) None.

3) 3) None.None, except that foreign ownership injoint ventures may be limited to 51%within the first 5 years after accession.

_x000D__x000D_After 5 years from the date ofaccession, 100% foreign-investedenterprises shall be permitted._x000D_

02.C.o. OtherTelecommunication Services


36/108




1) 1) None.Basic telecommunicationservices_x000D_

_x000D_(a) Voice telephone services

_x000D_(CPC 7521) _x000D_

_x000D_(b) Packet-switched datatransmissionservices_x000D_(CPC 7523**) _x000D_

_x000D_(c) Circuit-switched datatransmission services

_x000D_(CPC 7523**)_x000D_

_x000D_(d) Telex services _x000D_(CPC 7523**) _x000D_

_x000D_(e) Telegraph services

_x000D_(CPC 7523**)_x000D_

_x000D_(f) Facsimile services

_x000D_(CPC 7521** +7529**)_x000D_

_x000D_(g) Private leased circuitservices _x000D_(CPC 7522** +7523**)_x000D_

_x000D_o*) Other services_x000D_

_x000D_- Videoconference services

None, except: _x000D__x000D_Wire-based and mobile terrestrialservices: Service must be offeredthrough commercial arrangements withan entity established in Viet Nam andlicensed to provide internationaltelecommunication services._x000D_

_x000D_Satellite-based services: Subject tocommercial arrangements with

Vietnamese international satelliteservice suppliers duly licensed in VietNam, except satellite-based servicesoffered to:_x000D_-Upon accession: off-shore/on seabased business customers, governmentinstitutions, facilities-based servicesuppliers, radio and televisionbroadcasters, official internationalorganization' representative offices,diplomatic representatives andconsulates, high tech and softwaredevelopment parks who are licensed touse satellite-earth stations;_x000D_-Three years after accession:multinational companies #19, whichare licensed to use satellite-earthstations. _x000D_

_x000D__x000D_

Viet Nam undertakes theobligations in the ReferencePaper attached hereto. _x000D_

_x000D_For consortium submarine cablelinks where Viet Nam ismember, foreign servicesuppliers shall be permitted tocontrol fully-owned submarinecable transmission capacity (e.g.IRU or consortium ownership)terminating at a licensed cablelanding station in Viet Nam, andto provide such capacity tointernational facilities-basedservice suppliers licensed in VietNam. 4 years after accessionforeign service suppliers shall bepermitted to provide such

_x000D_capacity to international VPNand IXP service supplierslicensed in Viet Nam._x000D_


37/108




3) 3) None.None, except: _x000D_Non facilities-based services: Uponaccession joint ventures withtelecommunications service suppliersduly licensed in Viet Nam will beallowed. Foreign capital contributionshall not exceed 51% of legal capital ofthe joint ventures. Three years afteraccession: joint venture will be allowedwithout limitation on choice of partner.Foreign capital contribution shall notexceed 65% of legal capital of the joint

ventures. _x000D__x000D_Facilities-based services: Uponaccession, joint venture withtelecommunications service suppliersduly licensed in Viet Nam will beallowed. Foreign capital contributionshall not exceed 49% of legal capital ofthe joint ventures. _x000D_

_x000D_51% gives management control of the

joint venture. _x000D__x000D_In the telecommunications sector,foreign investors in BCC will have thepossibility to renew currentarrangements or to convert them intoanother form of establishment withconditions no less favourable thanthose they currently enjoy. _x000D_

_x000D_


38/108




3) 3) None.

02.C. Telecommunication

Services

None, except:_x000D_Non facilities-based services: Uponaccession, joint ventures shall beallowed without limitation on choice ofpartner. Foreign capital contributionshall not exceed of legal capital ofthe joint ventures. _x000D__x000D_Facilities-based services: Uponaccession, joint venture withtelecommunications service suppliersduly licensed in Viet Nam will beallowed. Foreign capital contributionshall not exceed 49% of legal capital ofthe joint ventures._x000D__x000D_51% gives management control of thejoint venture. _x000D__x000D_In the telecommunications sector,foreign investors in BCC will have the

possibility to renew currentarrangements or to convert them intoanother form of establishment withconditions no less favourable thanthose they currently enjoy._x000D__x000D_


39/108




1) 1) None.Basic telecommunicationservices_x000D_

_x000D_(o*) Other services_x000D_

_x000D_- Virtual Private Network(VPN) #20_x000D_

None, except: _x000D_Wire-based and mobile terrestrialservices: Service must be offeredthrough commercial arrangements withan entity established in Viet Nam andlicensed to provide internationaltelecommunication services. _x000D_Satellite-based services: Subject tocommercial arrangements with

Vietnamese international satelliteservice suppliers duly licensed in VietNam, except satellite-based services

offered to:_x000D_-Upon accession: off-shore/on seabased business customers, governmentinstitutions, facilities-based servicesuppliers, radio and televisionbroadcasters, official internationalorganization' representative offices,diplomatic representatives andconsulates, high tech and softwaredevelopment parks who are licensed touse satellite-earth stations;_x000D_

_x000D_-Three years after accession:multinational companies #19, whichare licensed to use satellite-earthstations._x000D_

Viet Nam undertakes theobligations in the ReferencePaper attached hereto._x000D_

_x000D_For consortium submarine cablelinks where Viet Nam ismember, foreign servicesuppliers shall be permitted tocontrol fully-owned submarinecable transmission capacity (e.g.IRU or consortium ownership)terminating at a licensed cable

landing station in Viet Nam, andto provide such capacity tointernational facilities-basedservice suppliers licensed in VietNam. 4 years after accessionforeign service suppliers shall bepermitted to provide suchcapacity to international VPNand IXP service supplierslicensed in Viet Nam._x000D_


40/108




3) 3) None.None, except:_x000D_

_x000D_Non facilities-based services:_x000D_Upon accession: business cooperationcontracts or joint ventures will beallowed. Foreign capital contributionshall not exceed 51% of legal capital ofthe joint ventures._x000D_

_x000D_Three years after accession: Foreigncapital contribution shall not exceed65% of legal capital of the joint

ventures. _x000D__x000D_Facilities-based services: Uponaccession, business cooperationcontracts or joint ventures (JV) withtelecommunications service suppliersduly licensed in Viet Nam will beallowed. Foreign capital contributionshall not exceed 50% of legal capital ofthe joint ventures. _x000D_

_x000D_

Fifty-one % gives management controlof the joint venture. In thetelecommunications sector, foreigninvestors in BCC will have the possibilityto renew current arrangements or toconvert them into another form ofestablishment with conditions no lessfavourable than those they currentlyenjoy. _x000D_


41/108




1) 1) None.Value-added

services_x000D_o) Other _x000D_Internet Access Services IAS#21

Wire-based and mobile terrestrial

services: None, except: Service mustbe offered through commercialarrangements with an entityestablished in Viet Nam and licensed toprovide international telecommunicationservices._x000D_Satellite-based services: Subject tocommercial arrangements with

Vietnamese international satelliteservice suppliers duly licensed in VietNam, except satellite-based services

offered to:_x000D_- Upon accession: off-shore/on seabased business customers, governmentinstitutions, facilities-based servicessuppliers, radio and televisionbroadcasters, official internationalorganization' representative offices,diplomatic representatives andconsulates, high tech and softwaredevelopment parks who are licensed touse satellite-earth stations;_x000D_

- Three years after accession:multinational companies #19, whichare licensed to use satellite-earthstations._x000D_

Viet Nam undertakes the

obligations in the ReferencePaper attached hereto.


42/108




3) 3) None.

02.D. Audiovisual Services

Non facilities-based services:_x000D_

Upon accession: joint ventures withtelecommunications suppliers dulylicensed in Viet Nam will be allowed.Foreign capital contribution shall notexceed 51% of legal capital of the jointventures. _x000D_Three years after accession: jointventure will be allowed withoutlimitation on choice of partner. Foreigncapital contribution shall not exceed65% of legal capital of the joint

ventures._x000D_Facilities-based services: Uponaccession, joint venture (JV) withtelecommunications service suppliersduly licensed in Viet Nam will beallowed. Foreign capital contributionshall not exceed 50% of legal capital ofthe joint ventures._x000D_


43/108






3) 3) None.


D. Audiovisual Services

_x000D__x000D_With regard to motion pictureproduction, distribution andprojection services, all filmsmust have their contentcensored by Viet Nam'scompetent authorities._x000D__x000D_(a) Motion picture production

_x000D_(CPC 96112, excl. videotape)_x000D__x000D_

Only in the forms of businesscooperation contracts or joint ventures

with Vietnamese partners who areauthorized to provide these services inViet Nam. Foreign capital contributionmay not exceed 51% of the legalcapital of the joint venture.

- Motion picture distribution_x000D_(CPC 96113, excl. videotape)_x000D__x000D__x000D_


44/108




3) 3) None.


3) 3) None.

Only through business cooperation

contract or joint venture withVietnamese partners who areauthorized to provide these services inViet Nam. Foreign capital contributionshall not exceed 51% of the legalcapital of the joint venture.

(b) Motion picture projectionservice _x000D_

(CPC 96121)

Only through business cooperationcontracts or joint venture withVietnamese partners who areauthorized to provide these services inViet Nam. Foreign capital contributionshall not exceed 51% of legalcapital._x000D__x000D_Viet Nam's houses of culture, filmprojection place, public cinema clubs

and societies and mobile projectionteams are not allowed to engage inbusiness cooperation contract or joint-venture with foreign service suppliers._x000D_


45/108



Notes 2011 onward


46/108



Notes 2011 onward

#13 Express delivery services may include,

in addition to greater speed and reliability,value added elements such as collectionfrom point of origin, personal delivery toaddressee, tracing and tracking, possibilityof changing the destination and address intransit, confirmation of receipt. _x000D_#14 Written communication includesletters, postcards, hand writings, or printedmatters such as books, newspapers,periodicals, magazines, or commercialdocuments such as bills and invoices,

etc._x000D_#15 Books, catalogues are includedhereunder._x000D_#16 The cross-border supply of service canbe performed in association with a localservice provider for the collection ordelivery. _x000D_


47/108



Notes 2011 onward


48/108



Notes 2011 onward

#17 Broadcasting is defined as the

uninterrupted chain of transmissionrequired for the distribution of TV and radioprogramme signals to the general public,but does not cover contribution linksbetween operators._x000D_#18 Services providing internet accessservice (IAS) suppliers with connectionbetween them and to the internationalInternet backbone._x000D_#19 A multinational is a corporation which:a) has a commercial presence in Viet Nam;

b) operates in at least one other WTOmember; c) has been in operation for atleast 5 years; d) is publicly listed on thestock exchange of a WTO Member; and e)is licensed to use satellite services in atleast one WTO Member._x000D_



49/108



Notes 2011 onward



50/108



Notes 2011 onward


51/108


Notes 2011 onward

#20 Services, provided on commercial

terms, establishing and managing a privatenetwork over public (shared) networks forthe purpose of carrying out, on a non-profitbasis, voice and data telecommunicationsbetween members of a closed user groupdefined prior to the creation of the VPN.Such group may include a corporate groupor organization, or a group of legal entitieswith an established relationship affiliatedthrough the pursuit of a common interest.Initial members of a closed user group

using VPN service must be listed in adialling or routing plan approved by theCompetent Authority and subject to itsoversight. VPN service suppliers shall notifyto the Competent Authority changes ofmembership at least two working weeksprior to actually commencing commercialservice and can commence commercialservice provided that no objection from theCompetent Authority is issued during thesetwo weeks. Members are not allowed to

resell VPN services to unaffiliated thirdparties. Virtual private networks are notallowed to carry/transfer traffic of/betweenunaffiliated third parties. VPN services canbe offered by licensed foreign-investedservice suppliers bundled with Internetaccess service and value-added servicesfrom (h) to (n).



52/108


Notes 2011 onward



53/108

p


Notes 2011 onward

#21 Services providing internet access tothe end users. _x000D_

_x000D_



54/108


Notes 2011 onward


4)P f t l


55/108


Notes 2011 onward

WTO Services Database Output4)P f t l


56/108


Notes 2011 onward



57/108



05. Educational Services


2) None. 2) None.3) Unbound. 3) Unbound.

4) 4)


2) None. 2) None.

B. Secondary EducationServices_x000D_(CPC 922)



C. Higher education services_x000D_(CPC 923)_x000D__x000D_D. Adult education _x000D_(CPC 924)_x000D_

_x000D_E. Other education services_x000D_(CPC 929 including foreignlanguage training)_x000D__x000D__x000D_

3) 3)None, except: x000D Foreign teachers who wish to work in foreign-


58/108

) )

4) 4)

, p _ __x000D_Upon accession, only in the form of

joint-ventures. Majority foreign

ownership of such joint ventures isallowed. As of 1 January 2009, 100%foreign-invested education entities arepermitted._x000D_

_x000D_After 3 years from the date ofaccession: none. _x000D_

g ginvested schools shall have at least 5 years ofteaching experience, and their qualificationsshall be recognized by the competent

authority. _x000D__x000D_






59/108

Notes 2011 onward


60/108




61/108




2) None. 2) None.

3) 3) None.

4) 4)


2) None. 2) None.

10. Recreational, Cultural andSporting Services

10. RECREATIONAL,CULTURAL AND SPORTINGSERVICES._x000D__x000D_A. Entertainment services_x000D_(including theatre, live bandsand circus services)_x000D_(CPC 9619)_x000D_

Unbound except after 5 years from the

date of accession, joint ventures withforeign capital contribution notexceeding 49% are permitted.Unbound, except as indicated in thehorizontal section.


D. Other_x000D__x000D_- Electronic gamesbusiness_x000D_(CPC 964**)_x000D_




62/108

Modes of supply : ) pp y ) p ) p


3) 3) None.

4) 4)

Only through business cooperationcontract or joint-venture with

Vietnamese partners who arespecifically authorized to provide theseservices. Foreign capital contribution

shall not exceed 49% of the legalcapital of the joint ventures.





Notes 2011 onward


63/108

Notes 2011 onward



Notes 2011 onward


64/108

Notes 2011 onward


Modes of supply :Sector or Sub sector Limitations on Market Access


65/108

Sector or Sub-sector Limitations on Market Access

07.A. All Insurance andInsurance-related Services

1) 1)7. FINANCIALSERVICES_x000D_

None for:_x000D__x000D_


66/108

2) None. 2)

_x000D_A. Insurance and Insurance-Related Services_x000D_

_x000D_a. Direct insurance _x000D_

_x000D_(a) Life insurance, excl.health insurance services

_x000D_(b) Non-life insuranceservices _x000D_

_x000D_b. Reinsurance andretrocession _x000D_

_x000D_c. Insurance intermediation(such as brokerage andagency) _x000D_

_x000D_d. Services auxiliary toinsurance (such asconsultancy, actuarial, riskassessment and claimsettlement) _x000D_

-Insurance services provided to enterprises with foreign-invested capital, foreigners working in Viet Nam;_x000D_-Reinsurance services;_x000D_-Insurance services in international transportation, including insurance of risks relating to:_x000D_

_x000D_+international maritime transport and international commercial aviation, with such insurance to cover any or all of thefollowing: the goods being transported, the vehicle transporting the goods and any liability arising there-from;and_x000D_

_x000D_+goods in international transit;_x000D_

_x000D_-Insurance broking and reinsurance broking services;_x000D_-Consultancy, actuarial, risk assessment and claim settlement services._x000D_

_x000D_

3) 3)None, except: _x000D__x000D_100% f i i t d i t i h ll t b ll d t i t t t i b i i l di


67/108

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

100% foreign-invested insurance enterprises shall not be allowed to engage in statutory insurance business, includingmotor vehicle third party liability, insurance in construction and installation, insurance for oil and gas projects, andinsurance for projects and construction works of high danger to public security and the environment. As of 1 January2008, this limitation shall be abolished. _x000D_

_x000D_After 5 years from the date of accession, non-life branches of foreign insurance enterprises shall be permitted, subject toprudential regulations. _x000D_

07.B.f. Trading for ownaccount or for account ofcustomers

1) Unbound, except B(k) and B(l). 1)(a) Acceptance of depositsand other repayable fundsfrom the public x000D


68/108

2) None. 2)

from the public_x000D__x000D_(b) Lending of all types,

including consumer credit,mortgage credit, factoringand financing of commercialtransaction _x000D_

_x000D_(c) Financial leasing _x000D_

_x000D_(d) All payment and moneytransmission services,including credit, charge anddebit cards, travellers'cheques and bankers drafts

_x000D__x000D_(e) Guarantees andcommitments _x000D_

_x000D_(f) Trading for own accountor for account of customers,whether on an exchange, inan over-the-counter marketor otherwise, thefollowing:_x000D_- Money market instrument(including cheques, bills,certificates ofdeposits);_x000D_- Foreign exchange;_x000D_- Exchange rate and interestrate instrument incl productssuch as swaps, forward rateagreements;_x000D_

- Bullion._x000D__x000D_(h) Money broking_x000D_

_x000D_(i)Asset management, such

3) 3)None, except: _x000D__x000D_(a) Foreign credit institutions are only permitted to establish commercial presence in Viet Nam in the following


69/108

4) Unbound, except as indicated in the horizonotal section. 4)

(a) Foreign credit institutions are only permitted to establish commercial presence in Viet Nam in the followingforms:_x000D_

_x000D_

(i) With respect to foreign commercial banks: representative office, branch of foreign commercial bank, commercial jointventure bank with foreign capital contribution not exceeding 50% of chartered capital, joint venture financial leasingcompany, 100% foreign-invested financial leasing company, join venture finance company and 100% foreign-investedfinance company, and, beginning on 1 April 2007, 100% foreign-owned banks are permitted._x000D_

_x000D_(ii) With respect to foreign finance companies: representative office, joint venture finance company, 100% foreign-invested finance company, joint venture financial leasing company and 100% foreign-invested financial leasingcompany._x000D_

_x000D_(iii) With respect to foreign financial leasing companies: representative office, joint venture financial leasing companyand 100% foreign-invested financial leasing company._x000D_

_x000D_(b) During 5 years from the date of accession, Viet Nam may limit the right of a foreign bank branch to accept deposits in

Vietnamese Dong from Vietnamese natural persons with which the bank does not have a credit relationship to a ratio ofthe branch's paid-in capital according to the schedule below:_x000D_

_x000D_- 1 January 2007: 650% _x000D_of legal paid-in capital;_x000D_- 1 January 2008: 800% _x000D_of legal paid-in capital;_x000D_- 1 January 2009: 900%_x000D_of legal paid-in capital;_x000D_

- 1 January 2010: 1,000% _x000D_of legal-paid-in capital;_x000D_- 1 January 2011: Full national treatment._x000D_

_x000D_(c) Equity participation:_x000D_

_x000D_(i) Viet Nam may limit equity participation by foreign credit institutions in equitized Vietnamese state-owned banks to thesame level as equity participation by Vietnamese banks. _x000D_

_x000D_(ii) For capital contribution in the form of buying shares, the total equity held by foreign institutions and individuals in

each Viet Nam's joint-stock commercial bank may not exceed 30% of the bank's chartered capital, unless otherwiseprovided by Viet Nam's laws or authorized by a Viet Nam's competent authority. _x000D__x000D_(d) A branch of foreign commercial bank: _x000D_

_x000D_

1) Unbound, except services C(k) and C(l). 1)C. Securities _x000D_(f) Trading for own accountor for account of customers


70/108

2) None. 2)

or for account of customers,whether on an exchange, inan over-the-counter market

or otherwise, thefollowing:_x000D_- Money market instrument(including cheques, bills,certificates ofdeposits);_x000D_- Foreign exchange;_x000D_- Exchange rate and interestrate instrument incl productssuch as swaps, forward rateagreements;_x000D_- Bullion._x000D_

_x000D_- Derivative products incl.futures and options;_x000D_- Transferablesecurities;_x000D_- Other negotiableinstruments and financialassets, excludingbullion._x000D_

_x000D_(g) Participation in issues ofall kinds of securities incl.under-writing and placementas an agent (publicly orprivately), provision ofservices related to suchissues_x000D_

_x000D_(i) Asset management, suchas portfolio management, all

forms of collectiveinvestment management,pension fund management,custodial depository and trustservices_x000D_

3) 3)Upon accession, foreign securities service suppliers shall be permitted to establish representative offices and jointventures with Vietnamese partners in which foreign capital contribution not exceeding 49%._x000D_

x000D


71/108

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

_ _After 5 years from the date of accession, securities service suppliers with 100% foreign-invested capital shall bepermitted. _x000D_

_x000D_For services from C(i) to C(l), after 5 years from the date of accession, branches of foreign securities services suppliersshall be permitted._x000D_


1)Cross-border supply 2)Consumption abroad 3)Commercial presence 4)Presence of natural persons

Limitations on National Treatment Additional Commitments Notes 2011 onward


72/108

None.


73/108

None.

None.


74/108

Unbound, except as indicated in the

horizontal section.

Unbound, except B(k) and B(l).


75/108

None.

None, except:_x000D_(a) The conditions for the establishment of abranch of a foreign commercial bank in VietNam: x000D


76/108

Nam:_x000D__x000D_

- The parent bank has total assets of morethan US$20 billion at the end of the year priorto application. _x000D_

_x000D_(b) The conditions for the establishment of a

joint venture bank or a 100% foreign-ownedbank:_x000D_

_x000D_- The parent bank has total assets of morethan US$10 billion at the end of the year priorto application._x000D_

_x000D_(c) The conditions for the establishment of a100% foreign-invested finance company or a

joint venture finance company, a 100%foreign-invested financial leasing company ora joint-venture financial leasingcompany:_x000D_

_x000D_- The foreign credit institution has total assetsof more than US$10 billion at the end of theyear prior to application. _x000D_


Unbound.


77/108

None.

None.


78/108

Unbound, except as indicated in thehorizontal section





79/108

1) None. 1) None.

2) None. 2) None.

08. Health Related and SocialServices

8. HEALTH RELATED ANDSOCIAL SERVICES_x000D_

_x000D_A.Hospital services _x000D_

(CPC 9311)_x000D__x000D_B.Medical and dentalservices_x000D_(CPC 9312)_x000D_

_x000D_




3) 3) None.Foreign service suppliers are permittedd h h h


80/108

4) 4)

to provide services through the

establishment of 100% foreign-investedhospital, joint venture with Vietnamesepartners or through businesscooperation contract. _x000D__x000D_The minimum investment capital for acommercial presence in hospitalservices must be at least US$20 millionfor a hospital, US$2 million for apoliclinic unit and US$200,000 for aspecialty unit. _x000D_





Notes 2011 onward


81/108


Notes 2011 onward


82/108





83/108

1) None. 1) None.

2) None. 2) None.

3) 3) None.

4) 4)

09. Tourism and TravelRelated Services

9. TOURISM AND TRAVELRELATED SERVICES_x000D__x000D_

A. Hotel and restaurantincluding _x000D__x000D_- Lodging services _x000D_(CPC 64110)_x000D__x000D_- Catering food_x000D_(CPC 642) and drink services_x000D_(CPC 643)_x000D_

None, except for a period of 8 yearsfrom the accession date the servicesprovided should be in parallel withinvestment in hotel construction,renovation, restoration or acquisition.None afterwards.






1) None. 1) None.B. Travel agencies and touroperator services x000D


84/108

2) None. 2) None.

3) 3)

4) 4)

operator services _x000D_

(CPC 7471)_x000D_

None, except that: _x000D_foreign service suppliers are permittedto provide services in the form of jointventures with Vietnamese partners withno limitation on foreign capitalcontribution. _x000D_

None, except tourist guides in foreign-invested enterprises shall be Vietnamesecitizens. Foreign service supplying enterprisescan only do inbound services and domestictravel for inbound tourists as an integral partof inbound services.





Notes 2011 onward


85/108


Notes 2011 onward


86/108





87/108

11.A. Maritime TransportServices




1) 1)11. TRANSPORTSERVICES_x000D_

Unbound, except international freighttransportation: None.

Unbound, except international freighttransportation: None.

The following services at theport are made available to


88/108

2) None. 2) None.

_x000D_A. Maritime TransportServices_x000D_

_x000D_(a) Passenger transportationless cabotage _x000D_(CPC 7211)_x000D_

_x000D_(b) Freight transportationless cabotage _x000D_(CPC 7212)_x000D_

international maritime transportsuppliers on reasonable andnon-discriminatory terms andconditions:_x000D_

_x000D_1. Pilotage;_x000D_2. Towing and tugassistance;_x000D_3. Provisioning, fuelling andwatering_x000D_4. Garbage collecting and ballast

waste disposal;_x000D_5. Port Captain's/HarbourMaster's services;_x000D_6. Navigation aids;_x000D_7. Shore-based operationalservices essential to shipoperations, includingcommunications, water andelectrical supplies;_x000D_8. Emergency repairfacilities;_x000D_

9. Anchorage, berth andberthing services;_x000D_10. Access to maritime agencyservices. #27_x000D_




3) 3) None.(a) Establishment of registeredcompanies for the purpose of operating


89/108

a fleet under the national flag of VietNam:_x000D_

After 2 years from the date ofaccession, foreign service suppliers arepermitted to establish joint-ventureswith foreign capital contribution notexceeding 49% of total legal capital.Foreign seafarers may be permitted towork in ships under the national flag of

Viet Nam (or registered in Viet Nam)owned by joint-ventures in Viet Nam

but not exceeding 1/3 of totalemployees of the ships. The Master orfirst chief executive must be

Vietnamese citizen. _x000D_(b) Other forms of commercial presencefor the supply of international maritimetransport services #28: _x000D_Upon accession, foreign shippingcompanies can establish joint ventureswith 51% foreign ownership. After 5years from the date of accession,

foreign shipping companies canestablish 100% foreign-investedenterprises._x000D_

_x000D_Upon accession, foreign-investedenterprises are only permitted to carryout activities from (1) to (5) asindicated below: _x000D_

_x000D_1. Marketing and sales maritimetransport services through direct

contact with customers, from quotationto invoicing;_x000D_2. Acting on behalf of the cargoowners;_x000D_3. Provision of required businessinformation;_x000D_4. Preparation of documentation




4) 4)Unbound, except as indicated in thehorizontal section.



90/108

11. Transport Services


2) None. 2) None.

3) 3) None.

4) 4)

1) Unbound*. 1) Unbound*.

2) None. 2) None.

Maritime AuxiliaryServices_x000D__x000D_- Container handling services_x000D_(CPC 7411) #29_x000D_

None, except that upon accession joint

ventures with foreign capitalcontribution not exceeding 50% can beestablished.



11.H. Services Auxiliary to AllModes of Transport

- Customs Clearance Services#30_x000D_

_x000D_




3) 3) None.None, except that upon accession jointventures with foreign capital


91/108

4) 4)

1) Unbound*. 1) Unbound*.

2) None. 2) None.

3) 3) None.

4) 4)

contribution not exceeding 51% can beestablished. After 5 years, jointventures can be established with noforeign ownership limitation.



11.A. Maritime TransportServices

- Container Station and

Depot Services #31_x000D__x000D_

None, except that upon accession joint

ventures with foreign capitalcontribution not exceeding 51% can beestablished. Seven years uponaccession, none.



11.B. Internal WaterwaysTransport




1) Unbound. 1) Unbound.B. Internal WaterwaysTransport_x000D_

000D


92/108

2) None. 2) None.

3) 3) None.

4) 4)

11.C. Air Transport Services

1) None. 1) None.

2) None. 2) None.

3) 3) None.

4) 4)

_x000D_(a) Passenger transport_x000D_(CPC 7221)_x000D_

_x000D_(b) Freight transport

_x000D_(CPC 7222)_x000D_

Upon accession, foreign service

suppliers are permitted to provideservices only through the establishmentof joint ventures with Vietnamesepartners in which the capitalcontribution of foreign side notexceeding 49% of total legal capital.



(a) Sales and marketing airproducts services_x000D_

_x000D__x000D_

Airlines are permitted to provide service

in Viet Nam through their ticketingoffices or agents in Viet Nam.






1) 1) None.(b) Computer reservationservices_x000D_

None, except the foreign servicesupplier must use public

telecommunication network under the


93/108

2) None, except as indicated in Mode 1. 2) None.

3) None, except as indicated in Mode 1. 3) None.

4) 4)

1) None. 1) None.

2) None. 2) None.

3) 3) None.

4) 4)

11.E. Rail Transport Services


telecommunication network under themanagement of Viet Namtelecommunication authority.



(c) Maintenance and repair ofaircraft (CPC 8868**)

Upon accession, joint-ventures arepermitted with the capital contributionof foreign side not exceeding 51%.

After 5 years from the date ofaccession, 100% foreign-investedenterprises shall be allowed.



E. Rail TransportServices_x000D_

_x000D_(a) Passenger transportation

_x000D_

(CPC 7111)_x000D__x000D_(b) Freight transportation

_x000D_(CPC 7112)_x000D_




2) None. 2) None.

3) 3) Unbound.Unbound except: Foreign suppliers are

permitted to provide freight transport


94/108

4) 4)


2) None. 2) None.

permitted to provide freight transportservices through the establishment ofjoint ventures with Vietnamesepartners in which the capitalcontribution of foreign side notexceeding 49% of the total legalcapital.



11.F. Road TransportServices

F. Road TransportServices_x000D__x000D_(a) Passenger transportation_x000D_(CPC 7121+7122)_x000D__x000D_(b) Freight transportation_x000D_

(CPC 7123)_x000D__x000D_




3) 3) None.None, except: _x000D__x000D_

Upon accession foreign services pplie s a e pe mitted to p o ide


95/108

4) 4)


2) None. 2) None.

Upon accession, foreign servicesuppliers are permitted to providepassenger and freight transportservices through business cooperationcontracts or joint-ventures with thecapital contribution of foreign side notexceeding 49%. _x000D_

_x000D_After 3 years from the date ofaccession, subject to the needs of themarket #32, joint-ventures with foreigncapital contribution not exceeding 51%may be established to provide freighttransport services. _x000D_

_x000D_One hundred % of joint-venture'sdrivers shall be Vietnamese citizen.

_x000D__x000D_



11.H. Services Auxiliary to AllModes of Transport

(a) Container handlingservices, except servicesprovided at airports _x000D_(part of CPC 7411)_x000D_




3) 3) None.Upon accession, foreign servicesuppliers are only permitted to provide

services through the establishment ofjoint ventures with Vietnamese


96/108

4) 4)

1) Unbound. * 1) Unbound.

2) None. 2) None.3) 3) None.

4) 4)

services through the establishment ofjoint ventures with Vietnamesepartners with the capital contribution offoreign side not exceeding 50%.



(b) Storage and warehouseservices _x000D_(CPC 742) _x000D__x000D_(c) Freight transport agencyservices _x000D_(CPC 748) #33_x000D_

None, except that upon accession jointventures with foreign capitalcontribution not exceeding 51% can beestablished. Seven years afteraccession, none.






1) 1)(d) Other _x000D_(part of CPC 749)#34_x000D_

Unbound, except freight brokerageservices: None after 5 years from thedate of accession.

Unbound, except freight brokerage services:None after 5 years from the date ofaccession.


97/108

2) None. 2) None.

3) 3) None.

4) 4)

Upon accession, foreign servicesuppliers are only permitted to provide

services through the establishment ofjoint ventures with Vietnamesepartners with the capital contribution offoreign side not exceeding 49%. After3 years from the date of accession, thislimitation shall be 51%. Four yearsthereon, this capital limitation shall beabolished.





Notes 2011 onward


98/108



Notes 2011 onward

#27 With respect to the access to and useof maritime agency services mentioned in

the Additional Commitments column, whereroad, rail, inland waterways, coastal and


99/108

road, rail, inland waterways, coastal andinland shipping, and related auxiliaryservices are not otherwise fully covered inthe schedule, a multimodal transportoperator shall have the ability to access

Vietnamese maritime agency servicessuppliers to rent, hire or charter trucks,railway carriages, or barges and relatedequipment, for the purpose of onwardforwarding of international cargoes carried

by sea._x000D__x000D_#28 "Other forms of commercial presencefor the supply of international maritimetransport services" means the ability forforeign shipping companies to undertakelocally activities which are related to thecargoes carried by them and necessary forthe supply of the integrated transportservice to their customers, within which theinternational maritime transport constitutes

a substantial elements and is supplied bythe concerned foreign shipping company.



Notes 2011 onward


100/108


Notes 2011 onward

#29 Public utility concession or licensing


101/108

#29 Public utility concession or licensingprocedures may apply in case of occupationof the public domain.

#30 "Customs clearance services"(alternatively "customs house brokers'

services") means activities consisting incarrying out on behalf of another partycustoms formalities concerning import,export or through transport of cargoes,whether this service is the main activity ofthe service provider or a usual complementof its main activity._x000D_* A commitment on this mode of delivery isnot feasible._x000D_



Notes 2011 onward


102/108

#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 forshipments._x000D_* A commitment on this mode of delivery isnot feasible.



Notes 2011 onward


103/108



Notes 2011 onward


104/108



Notes 2011 onward


105/108

#32 The criteria taken into account areamong others: creation of new jobs;positive foreign currency balance;introduction of advanced technology,including management skill; reducedindustrial pollution; professional training forVietnamese workers; etc.



Notes 2011 onward


106/108



Notes 2011 onward


107/108

#33 Including freight forwarding services.These services mean the activitiesconsisting of organizing and monitoring

shipment operations on behalf of shippers,through the acquisition of transport andrelated services, preparation ofdocumentation and provision of businessinformation._x000D_* A commitment on this mode of delivery isnot feasible._x000D_



Notes 2011 onward

#34 Include the following activities: billauditing; freight brokerage services; freightinspection, weighing and sampling services;

freight receiving and acceptance services;transportation document preparationservices These services are provided on


108/108

services. These services are provided onbehalf of cargo owners.

Documents

WTO Vietnam