Sub-Sector: Motion picture production (CPC 96112) Motion picture distribution (CPC 96113) Motion picture projection service (CPC 96121) Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Administrative measures
Description: Investment
Foreign investment to provide motion picture production, distribution and projection services may not be permitted except through a business cooperation contract or a joint venture with a Vietnamese partner legally authorised to provide such services, or the purchase of shares in a Vietnamese enterprise legally authorised to provide such services. In the case of a joint venture or the purchase of shares in an enterprise, foreign equity shall not exceed 51 per cent. For motion picture projection service, foreign organisations and individuals are not permitted to engage in business cooperation contract or joint-venture with Viet Nam’s houses of culture, public cinema clubs and societies, mobile projection teams, or owners or operators of temporary film-projection locations.
Sector: Audio-visual Services
Sub-Sector:
Obligations Concerned: Performance Requirement (Article 9.10)
Level of Government: Central
Measures: The Law on Cinemamatography 2006, Law No. 62/2006/QH11 The Law Amending and Supplementing A Number of Articles on the Law of Cinematography 2009, Law No. 31/2009/QH12 Decree No 54/2010/NĐ-CP dated 21 May 2010
Description: Investment
Cinemas must screen Vietnamese films on the occasion of major anniversaries of the country. The ratio of screening Vietnamese films to total films shall not be less than 20 per cent on an annual basis. Cinemas should show at least one Vietnamese film between the hours of 18:00 and 22:00.
Sector: Educational Services
Sub-Sector: Higher education services (CPC 923) Adult education (CPC 924) Other education services (CPC 929 including foreign language training)
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Administrative measures
Description: Investment
Foreign investment to supply educational services in the following fields of study is not permitted: national security, defence, political science, religion, Vietnamese culture and other fields of study necessary to protect Vietnamese public morals. This limitation shall not prevent the supply of educational services in fields of study where Viet Nam is bound under any other trade agreement.
Sector: Tourism and travel related services
Sub-Sector: Travel agencies and tour operator services (CPC 7471)
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Administrative measures
Description: Investment Only foreign investment to supply inbound services and domestic travel for inbound tourists as an integral part of inbound services is permitted.
Sector: Recreational, Cultural and Sporting Services
Sub-Sector: Entertainment services (including theatre, live bands and circus services) (CPC 9619)
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Administrative measures
Description: Investment
Foreign investment to provide entertainment services covered by CPC 9619 (including theatre, live bands and circus services) may not be supplied except through a joint venture or the purchase of shares in a Vietnamese enterprise with foreign equity not exceeding 49 per cent. Three years after the date of entry into force of this Agreement, a joint venture or purchase of shares in a Vietnamese enterprise with foreign equity not exceeding 51 per cent shall be permitted.
Sector: Recreational, Cultural and Sporting Services Sub-Sector: Electronic games business
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Level of Government: Central
Measures: Administrative measures
Description: Investment and Cross-Border Trade in Services
Foreign investment to supply electronic games services may not be supplied except through a business cooperation contract or a joint venture with Vietnamese partner authorised to supply such services or the purchase of shares in a Vietnamese enterprise authorised to supply such services. In case of a joint venture or the purchase of shares in an enterprise, foreign equity shall not exceed 49 per cent. No later than two years after the date of entry into force of this Agreement, Viet Nam shall permit 51 per cent foreign investment in electronic game services offered over the Internet. Five years after the date of entry into force of this Agreement, Viet Nam shall impose no limitations on foreign equity. For greater certainty, the absence of an entry against the cross-border services obligations does not preclude Viet Nam from ensuring that the cross-border supply of electronic games services complies with Viet Nam’s laws and regulations, including applicable registration and licensing requirements.
Sector: Maritime Transport Services
Sub-Sector: Passenger transportation (CPC 7211) Freight transportation (CPC 7212)
Obligations Concerned: National Treatment (Article 9.4) Senior Management and Boards of Directors (Article 9.11)
Level of Government: Central
Measures: Administrative measures
Description: Investment
Foreign investment to supply maritime passenger and freight transportation services under the national flag of Viet Nam may not be supplied except through a joint venture or the purchase of shares in a Vietnamese enterprise, with foreign equity not exceeding 49 per cent. In addition, foreign seafarers may not exceed one-third of total employees of the ships. The Master or first chief executive must be a Vietnamese citizen.
Sector: Services auxiliary to all modes of transport
Sub-Sector: Container handling services, except services provided at airports (CPC 7411)
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Decree No. 140/2007/ND-CP dated 5 September 2007 Administrative measures
Description: Investment
Foreign investment to supply container handling services may not be supplied except through a joint venture or the purchase of shares in a Vietnamese enterprise, with foreign equity not exceeding 50 per cent.
Sector: Maritime Auxiliary Services
Sub-Sector: Shipping agency services
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Decree No. 115/ND-CP dated 5 July 2007 Admistrative measures
Description: Investment
Foreign investment to supply shipping agency services may not be supplied except through a joint venture or the purchase of shares in a Vietnamese enterprise, with foreign equity not exceeding 49 per cent.
Sector: Internal Waterways Transport
Sub-Sector: Passenger transport (CPC 7221) Freight transport (CPC 7222)
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Decree No. 140/2007/ND-CP dated 5 September 2007 Administrative measures
Description: Investment
Foreign investment to supply internal waterway transport services may not be supplied except through a joint venture with a Vietnamese partner or the purchase of shares in a Vietnamese enterprise, with foreign equity not exceeding 49 per cent.
Sector: Rail Transport Services
Sub-Sector: Passenger transportation (CPC 7111) Freight transportation (CPC 7112)
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Decree No. 140/2007/ND-CP dated 5 September 2007 Administrative measures
Description: Investment
Foreign investment to supply rail freight transport services may not be supplied except through a joint venture or the purchase of shares in a Vietnamese enterprise, with foreign equity not exceeding 49 per cent. Foreign investment to supply passenger rail transport services is not permitted. ANNEX I – VIET NAM – 22 Sector: Road Transport Services Sub-Sector: Passenger transportation (CPC 7121 and 7122) Freight transportation (CPC 7123) Obligations Concerned: National Treatment (Article 9.4) Level of Government: Central Measures: Decree No. 140/2007/ND-CP dated 5 September 2007 Administrative measures Description: Investment Foreign investment to supply road passenger and freight transport services may not be supplied except through a business cooperation contract, a joint-venture or the purchase of shares in a Vietnamese enterprise, with foreign equity not exceeding 49 per cent. In the case of road freight transport services, subject to the needs of the market (5), the foreign equity limitation may be raised to but shall not exceed 51 per cent. 100 per cent of joint venture drivers shall be Vietnamese citizens.
Sector: Manufacturing
Sub-Sector: Aircraft manufacture industry Manufacture of railway rolling stock, spare parts, wagon and coach
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Administrative measures
Description: Investment
Foreign investment in the manufacture of aircraft, railway rolling stock, spare parts, wagon and coach may not be permitted except through a joint venture or the purchase of shares in Vietnamese enterprise, with foreign equity not exceeding 49 per cent.
Sector: All
Sub-sector:
Obligations concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Law No. 45/2013/QH13 on Land dated 29 November 2013 and the relevant regulations
Description: Investment
Foreign organisations, individuals and foreign invested enterprises may only acquire and use land-use rights in Viet Nam in accordance with the Law on Land.
Sector: Power Development
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Administrative measures
Description: Investment
Foreign investment to own or operate power transmission facilities in Viet Nam may not be permitted. Viet Nam Electricity Corporation (EVN) is currently the sole authorised owner and operator of power transmission facilities in Viet Nam.
Sector: All
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Administrative measures
Description: Investment
Foreign investment to establish a commercial presence in the form of a branch may not be permitted, except for the following sectors and sub-sectors: (a) Legal services (CPC 861); (b) Computer and Related Services (CPC 841-845, CPC 849); (c) Management consultant services (CPC 865); (d) Services related to management consulting (CPC 866); (e) Construction and related engineering services (CPC 51); and (f) Franchising services (CPC 8929). For greater certainty, and consistent with Article 9.12.1(c) (Non-Conforming Measures), the removal of a branching restriction in a sector or sub-sector does not require the removal of a branching restriction in all sectors.
Sector: Import/Export Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Admininistrative measures
Description: Investment
Foreign investment in state-trading enterprises of Viet Nam that import certain tobacco products, oil products, publications, recorded media, aircraft and aircraft parts, as specified in Table 8(c) of the Report of the Working Party on the Accession of Viet Nam in the WTO may not be permitted. For greater certainty, and consistent with Article 9.12.1(c) (Non-Conforming Measures), the liberalisation of a state-trading enterprise does not require the liberalisation of all state-trading enterprises.
Sector: Geodesy and Cartography
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Decree No. 12/2002/ND-CP dated January 22, 2002
Description: Investment
Foreign organisations and individuals carrying out, directly or in cooperation with domestic organisations, geodesic and cartographic activities in Viet Nam must have their geodesic and cartographic projects approved by competent State bodies and be granted permits for geodesic and cartographic activities. After completing the geodesic and cartographic projects, the project investors must submit one copy of the results to the State management agency in charge of geodesy and cartography.
Sector: Recreational, cultural and sporting services
Sub-Sector: Amusement parks
Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)
Level of Government: Central
Measures: Administrative measure
Description: Investment
Foreign investment of less than USD 1 billion in building and managing theme parks or amusement parks shall not be accepted unless the Vietnamese competent authorities advise the applicant that the investment is likely to be of net benefit to Viet Nam. This determination is made in accordance with the following factors: (a) the compatibility of the investment with the regional master plan for socio-economic development; (b) the ability to meet people’s demand for cultural consumption; (c) the compatibility with the local and regional cultural characteristics; and (d) the effect of the investment on local state budget, employment, on the use of parts, components and services produced in Viet Nam and on competition with the services provided by the local cultural houses. Investments greater than USD 1 billion are not subject to this determination.
Sector: Financial services provided by non-financial institutions, excluding the provision and transfer of financial information and advisory financial services
Sub-Sector:
Obligations concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: All existing non-conforming measures
Description: Investment
All existing non-conforming measures at the central level of government.
Sector: Manufacture of tobacco products, including cigars and cigarettes
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4)
Level of Government: Central
Measures: Decree No. 67/2013/ND-CP dated June 26, 2013
Description: Investment
Foreign investment in manufacturing of tobacco products, including cigars and cigarettes, is not allowed, except through a joint venture or the purchase of shares in a Vietnamese enterprise with foreign equity not exceeding 49 per cent.
Sector: Services incidental to energy distribution (CPC 887)
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3)
Level of Government: Central
Measures: Administrative measures
Description: Investment and Cross-Border Trade in Services
Foreign services suppliers are not allowed to supply services incidental to energy distribution. Foreign investment in these services is not permitted.
Sector: Mining
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11)
Level of Government: Central
Measures: Administrative measures
Description: Investment