Israel reserves the right to adopt or maintain any measure with regard to the supply of a service by a national of a Party in the territory of the other Party, except for executives, managers, specialists and business visitors included in Israel's schedule of specific commitments to the GATS, titled GATS/SC/44.
52 Sector: Community, Social and Personal Services
Sub-Sector: Services of membership organizations
Other services
Private household with employed persons
Services provided by extraterritorial organizations and bodies
Industry Classification: CPC 95, 97, 98 and 99
Obligations Concerned:
National Treatment (Article 8.3)
Market Access (Article 8.5)
Local Presence (Article 8.6)
Description: Cross-Border Trade in Services and Investment
Israel reserves the right to adopt or maintain any measure with regard to the services of membership organizations, private household with employed persons, services provided by extraterritorial organizations and bodies and other services in the Sector Community, Social and Personal Services.
ANNEX I . RESERVATIONS FOR EXISTING MEASURES. SCHEDULE OF VIET NAM
EXPLANATORY NOTES
1. The Schedule of Viet Nam to this Annex sets out, pursuant to Article 8.7 (Non- Conforming Measures) and Article 9.8 (Non-Conforming Measures), Viet Nam’s existing measures that are not subject to some or all of the obligations imposed by:
(a) Article 8.3 (National Treatment) or Article 9.4 (National Treatment);
(b) Article 8.4 (Most-Favoured-Nation Treatment) or Article 9.5 (Most-Favoured-Nation Treatment);
(c) Article 9.6 (Performance Requirements);
(d) Article 9.7 (Senior Management and Boards of Directors);
(e) Article 8.5 (Market Access); or
(f) Article 8.6 (Local Presence).
2. Each Schedule entry sets out the following elements:
(a) Sector refers to the sector for which the entry is made;
(b) Sub-Sector, where referenced, refers to the specific subsector for which the entry is made;
(c) Industry Classification, where referenced, refers to the activity covered by the nonconforming measure, according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991);
(d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to subparagraph (a) of Article 8.7.1 (Non-Conforming Measures) and subparagraph (a) of Article 9.8.1 (Non-Conforming Measures), do not apply to the listed measure(s) as indicated in the introductory note for Viet Nam’s Schedule;
(e) Level of Government indicates the level of government maintaining the listed measures;
(f) Measures identifies the laws, regulations or other measures for which the entry is made. A measure cited in the Measures element:
(i) means the measure as amended, continued or renewed as of the date of entry into force of this Agreement, and
(ii) includes any subordinate measure adopted or maintained under the authority of and consistent with the measure; and
(g) Description, as indicated in the introductory note for Viet Nam’s Schedule, either sets out the non-conforming measure or provides a general non-binding description of the measure for which the entry is made.
3. Article 8.6 (Local Presence) and Article 8.3 (National Treatment) are separate disciplines and a measure that is only inconsistent with Article 8.6 (Local Presence) need not be reserved against Article 8.3 (National Treatment).
INTRODUCTORY NOTES
1. Description sets out the non-conforming measure for which the entry is made.
2. In accordance with Article 8.7 (Non-Conforming Measures) of Chapter 8 (Cross-Border Trade in Services) and Article 9.8 (Non-Conforming Measures) of Chapter 9 (Investment), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming measures identified in the Description element of that entry.
3. Classification numbers, where referenced in the Sub-Sector element, refers to the activity covered by the non-conforming measure according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).
1. Sector: Professional Services
Sub-Sector: Legal Services (CPC 861)
Obligations Concerned: Market Access
National Treatment
Senior Management and Boards of Directors
Level of Government: Central
Measures: - Law No. 20/2012/QH13 amending the Law on Lawyers No. 65/2006/QH11 dated 29 June 2006
- Decree No. 123/2013/ND-CP dated 14 October 2013
Description: Cross-Border Trade in Services and Investment
1. Foreign lawyers organisations (1) may provide legal services in Viet Nam, through the following forms:
(a) branches of foreign lawyers organisations;
(b) wholly foreign limited liability law firm;
(c) joint venture limited liability law firm; and
(d) partnerships between foreign lawyer organisations and Viet Nam’s law partnerships.
Foreign lawyers organisations are not allowed to:
(i) participate in legal proceedings in the capacity of defenders or representatives of their clients before the courts of Viet Nam;
(ii) participate in legal documentation and certification services (2) of the laws of Viet Nam; and
(iii) participate in procedure for child adoption, marriage, civil status and Vietnamese nationality.
Foreign lawyers organisations must commit and ensure to have at least two foreign lawyers including chief of branch, director of foreign law firm, presenting and practicing in Viet Nam for at least 183 days within any 12 consecutive months.
2. Sector: Professional Services
Sub-Sector: Legal Services (CPC 861)
Obligations Concerned: Market Access
National Treatment
Senior Management and Boards of Directors
Level of Government: Central
Measures: Law No. 20/2012/QH13 amending the Law on Lawyers No. 65/2006/QH11 dated 29 June 2006
Description: Cross-Border Trade in Services and Investment
Foreign lawyers may provide legal services in Viet Nam, through the following forms:
(a) working individually for a Viet Nam-based branch or foreign lawyers organisations;
(b) working under contract for a branch, foreign lawyers organisations, and Vietnamese lawpracticing organisations.
Foreign lawyers practising law in Viet Nam are not permitted to advise on Vietnamese law unless they have graduated from a Vietnamese law college and satisfy requirements applied to like Vietnamese lawyers. They are not allowed to defend or represent clients before the courts of Viet Nam.
3. Sector: Professional Services
Sub-Sector: Auditing services (CPC 862)
Obligations Concerned: Local Presence
Level of Government: Central
Measures: - Law on Independent Audit No. 67/2011/QH12 dated 29 March 2011
- Decree No. 17/2012/ND-CP dated 13 March 2012
- Circular No. 202/2012/TT-BTC dated 19 November 2012
- Circular No. 203/2012/TT-BTC dated 19 November 2012
Description: Cross-Border Trade in Services
Foreign services suppliers are not permitted to supply auditing services unless they meet the requirements of local presence in Viet Nam.
4. Sector: Professional Services
Sub-sector: Engineering services (CPC 8672);
Integrated engineering services (CPC 8673)
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Source of Measure: - Administrative measures
- Law on Investment No. 61/2020/QH14 dated 17 June 2020
Description: Investment
Investment related to topographical, geotechnical, hydro geological and environmental surveys and technical surveys for urban-rural development planning, sectoral development planning are subject to the authorizationof the Government of Viet Nam (3).
5. Sector: Professional Services
Sub-sector: Urban planning and urban landscape architectural services (CPC 8674)
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Source of Measure: - Administrative measures
- Law on Architecture No. 40/2019/QH14 dated 13 June 2019
- Law on Urban Planning No 30/2009/QH12 dated 17 June 2009
Description: Cross-Border Trade in Services and Investment
Foreign service suppliers must be authenticated by an architect who has appropriate practicing certificate working in a Vietnamese architectural organisation which has juridical entity status, and comply with relevantlaws and regulations of Viet Nam.
The responsible foreign architects working in foreign-invested enterprises must have the professional practicing certificate granted or recognized by the Government of Viet Nam.
In some areas, subject to the regulations of the Government of Viet Nam for national security and social stability purposes, foreign service suppliers may not be permitted to provide this service (4).
6. Sector: Professional Services
Sub-sector: Veterinary services (CPC 932)
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Measures: Administrative measures
Description: Investment
Foreign investment to supply veterinary services may not be permitted in Viet Nam unless such services are supplied by natural persons in the form of private professional practice.
7. Sector: Computer and Related Services (CPC 841-845, CPC 849)
Sub-sector:
Obligations Concerned:
Market Access
National Treatment
Senior Management and Boards of Directors
Level of Government: Central
Source of Measure: Administrative measures
Description: Investment
The chief of the branch has to be a resident in Viet Nam.
8. Sector: Distribution services
Sub-Sector: Commission agents' services (CPC 621, 61111, 6113, 6121);
Wholesale trade services (CPC 622, 61111, 6113, 6121);
Retailing services (CPC 631, 632, 61112, 6113, 6121) (5)
Obligations Concerned: Market Access
National Treatment
Level of Government: Central
Measures: Decree No. 09/2018/ND-CP dated 15 January 2018
Description: Investment
The establishment of outlets for retail services (beyond the first one) shall be allowed on the basis of an Economic Needs Test (ENT).
Applications to establish more than one outlet shall be subject to pre-established publicly available procedures, and approval shall be based on objective criteria. The main criteria of the ENT includethe number of existing service suppliers in a particular geographicarea, the stability of market and geographic scale.
The establishment of outlets for retail services with area of less than 500 square metres in areas that are planned for commercial activities by the People’s Committee of cities and provinces, and on which the construction of infrastructure has been finished, is not subject to the ENT requirement.
9. Sector: Distribution services
Sub-sector: Franchising services (CPC 8929)
Obligations Concerned: