Decision No.07/2007/QD-BCN dated 30 January 2007
Decision No.177/2004/QD-TTg dated 5 October 2004
Decision No.147/QD-TTg dated 4 September 2007
Decision No.36/2007/QD-BCN dated 6 August 2007
Decision No.249/QD-TTg dated 10 October 2005
Decree No.80/2006/ND-CP dated 9 August 2006
Decree No.12/2006/ND-CP dated 23 January 2006
Sector: Fishery
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5) Senior Management and Boards of Directors (Article 9.11)
Description: Investment
Viet Nam reserves the right to adopt or maintain any measure in relation to fishery activities within Viet Nam’s sovereignty, and jurisdictional waters as defined in accordance with the United Nations Convention on the Law of the Sea.
No investment licence shall be issued to foreign investors for:
(a) fresh-water fishing, marine fishing; and
(b) coral and natural pearl exploitation.
Existing Measures:
Law No. 59/2005/QH11 on Investment dated 29 November 2005
Law No. 17/2003/QH11 on Fishery dated 26 November 2003
Decree No.108/2006/ND-CP dated 22 September 2006
Decree No.49/1998/ ND-CP dated 13 July 1998
Decree No.86/2001/ND-CP dated 16 November 2001
Decree No.191/2004/ND-CP dated 18 November 2004
Decree No.59/2005/ND-CP dated 4 May 2005
Decision No.10/2007/QD-TTg dated 11 January 2006
Circular No.02/2005/TT-BTS dated 4 May 2005
Circular No.62/2008/TT-BNN dated 20 May 2008
Decree No.32/2010/ND-BNN dated 30 March 2010
Sector: Forestry and Hunting
Sub-Sector: Forestry and hunting (excluding CPC 881)
Obligations Concerned: National Treatment (Article 9.4) Most-Favoured-Nation Treatment (Article 9.5) Senior Management and Boards of Directors (Article 9.11)
Description: Investment
Viet Nam reserves the right to adopt or maintain any measure relating to investment in forestry and hunting activities.
Existing Measures: Resolution No.71/2006/QH11 dated 29 November 2006
Law No.29/2004/QH11 on Protection and Development of Forest dated 3 December 2004
Decree No.23/2006/QD-TTg dated 3 March 2006
Sector: Traditional Markets
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)
Description: Investment
Viet Nam reserves the right to adopt or maintain any measure with respect to traditional markets.
Existing Measures:
Sector: Commodity Exchange
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)
Description: Investment
Viet Nam reserves the right to adopt or maintain any measure with respect to the establishment and management of commodity exchanges.
Existing Measures:
Sector: Judicial Administration and related services
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)
Description: Investment
Viet Nam reserves the right to adopt or maintain any measure with respect to:
(a) judicial expertise services;
(b) bailiff services;
(c) property auction services relating to property in accordance with the law on auction;
(d) notary and certification services; and
(e) proper managing and liquidating according to the regulations of the law on bankruptcy.
Existing Measures:
Sector: Lottery, Betting and Gambling Services
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Viet Nam reserves the right to adopt or maintain any measure with respect to lottery, betting and gambling services.
Existing Measures:
Sector: Professional Services
Sub-Sector: Accounting and book-keeping services, Taxation services
Obligations Concerned: Local Presence (Article 10.6)
Description: Cross-Border Trade in Services
Viet Nam reserves the right to adopt or maintain any measure that is not consistent with Article 10.6 (Local Presence) in cross-border trade in services in accounting, book-keeping and taxation services.
Existing Measures:
Sector: All
Sub-Sector:
Obligations Concerned: Market Access (Article 10.5)
Description: Investment and Cross-Border Trade in Services
Viet Nam reserves the right to adopt or maintain any measure that is not inconsistent with Viet Nam’s obligations under Article XVI of GATS.
For the purposes of this entry, Viet Nam’s Schedule of Specific Commitments is modified as set out in Appendix II-A.
Existing Measures:
Sector: Services in the exercise of governmental authority
Sub-Sector:
Obligations Concerned: National Treatment (Article 9.4 and Article 10.3) Most-Favoured-Nation Treatment (Article 9.5 and Article 10.4) Performance Requirements (Article 9.10) Senior Management and Boards of Directors (Article 9.11) Local Presence (Article 10.6)
Description: Investment and Cross-Border Trade in Services
Viet Nam reserves the right to adopt or maintain any measure relating to services in the exercise of governmental authority when these services are opened to the private sector.
For the purposes of this entry, any non-conforming measure adopted after the opening of such services to the private sector shall be deemed to be an existing measure subject to Article 9.12.1 (Non-Conforming Measures) and Article 10.7.1 (Non-Conforming Measures) five years after the adoption of the measure.
Existing Measures:
APPENDIX II-A. Viet Nam
For the purposes of entry at Annex II – Viet Nam – 36, Viet Nam’s obligations under Article XVI of GATS as set out in Viet Nam’s Schedule of Specific Commitments in Services under the GATS (WT/ACC/VNM/48/Add.2) are improved in the following sectors as described below.
| Sector/Sub-Sector | Market Access Improvement |
| BUSINESS SERVICES | |
| Real estate services | |
| Involving own or leased property (CPC 821) | Insert new commitments as follows: Mode 1: None. Mode 2: None. Mode 3: None. |
| On a fee or contract basis | Insert new commitments as follows: Mode 1: None. Mode 2: None. Mode 3: None. |
| Rental/Leasing Services without Operators | |
| Relating to other machinery and equipment (CPC 83109) | Replace existing restriction under mode 1 with “None”. |
| Other Business Services | |
| Services incidental to fishing (only specialised consultancy services related to marine or freshwater fisheries, fish hatchery services) (CPC 882) | Insert new commitments as follows: Mode 1: None. Mode 2: None. Mode 3: None. |
| Services incidental to mining (CPC 883) | Insert new commitments as follows: Mode 1: None. |
| Portrait Photography services (CPC 87504) Specialty Photography services except aerial photography (CPC 87504) | Insert new commitments as follows: Mode 1: None. Mode 2: None. Mode 3: None, except only in the form of BBC or joint venture with Vietnamese supplier. There shall be no limitation on foreign equity distribution in the joint venture. |
| Services provided by midwives, nurses, physiotherapists and para-medical personnel (CPC 93191) | Insert new commitments as follows: Mode 1: None. Mode 2: None. Mode 3: None. |
| R&D services on social science and humanity (CPC 852) | Insert new commitments as follows: Mode 1: None. Mode 2: None. Mode 3: None. |
| A. Interdisciplinary R&D services (CPC 853) | Insert new commitments as follows: Mode 1: None. Mode 2: None. Mode 3: None. |
| Packaging services (CPC 876) | Insert new commitments as follows: Mode 1: None. Mode 2: None. Mode 3: None, except joint venture with the foreign capital contribution not exceeding 49 per cent shall be permitted. |
| ENVIRONMENTAL SERVICES | |
| Sewage Services (CPC 9401) | Insert new commitments as follows: Mode 1: Unbound, except related consulting services Mode 2: None. |
| Sanitation and similar services (CPC 9403) | Insert new commitments as follows: Mode 1: None. Mode 2: None. Mode 3: None. |
| Nature and landscape protection (CPC 9406) | Insert new commitments as follows: Mode 1: None. Mode 2: None. Mode 3: None. |
| Other services - Cleaning services of exhaust gases (CPC 94040) and noise abatement services (CPC 94050) | Insert new commitments as follows: Mode 1: Unbound, except related consulting services Mode 2: None. |
| RECREATIONAL, CULTURAL AND SPORTING SERVICES | |
| Services related to the hosting of a sporting event (including promotion, organisation and facilities management) | Insert new commitments as follows: Mode 2: None. Mode 3: None, in accordance with Viet Nam's laws and regulations and in a manner consistent with Viet Nam's commitments under this Agreement. |
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