Description: Investment
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.
26. Sector: Maritime Transport Services
Sub - sector: Passenger transportation less cabotage (CPC 7211)
Freight transportation less cabotage (CPC 7212)
Obligations Concerned:
Market Access
National Treatment
Senior Management and Boards of Directors
Level of Government: Central
Source of Measure: - Administrative measures
- Law on Enterprise No. 59/2020/QH14 dated 17 June 2020
- Law on Investment No. 61/2020/QH14 dated 17 June 2020
- Maritime Code No. 95/2015/QH13 dated 25 November 2015
- Decree No. 163/2017/ND-CP dated 30 December 2017
- Decree No. 171/2016/ND-CP dated 27 December 2016
- Decree No. 147/2018/ND-CP dated 24 October 2018
- Decree No. 58/2017/ND-CP dated 10 May 2017
- Decree No. 171/2016/ND-CP dated 27 December 2016
- Decree No. 86/2020/ND-CP dated 23 July 2020 amending Decree No. 171/2016/NDCP dated 27 December 2016
- Decree No. 160/2016/ND-CP dated 29 November 2016
- Decision No. 149/2003/QD-TTg dated 21 July 2003.
Description: Investment
Establishment of registered companies for the purpose of operating a fleet under the national flag of Viet Nam: 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.
Other forms of commercial presence for investment in international maritime transport services (15):
Foreign-invested enterprises are only permitted to carry out activities from (1) to (7) 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;
5. Provision of maritime transport services including cabotage services by Vietnamese flagged vessels for the supply of integrated transport services;
6. Acting on behalf of the company, organizing the call of the ship or taking over cargoes when required; and
7. Negotiating and signing contracts for road, rail, inland waterways transportation related to cargoes transported by the company.
27. Sector: Maritime Auxiliary Services
Sub - sector: Container handling services, except services provided at airports (CPC 7411)
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Source of Measure: - Administrative measures
- Law on Enterprise No. 59/2020/QH14 dated 17 June 2020
- Law on Investment No. 61/2020/QH14 dated 17 June 2020
- Law on Maritime Code No. 95/2015/QH13 dated 25 November 2015
- Decree No. 147/2018/ND-CP dated 24 October 2018
- Decree No. 58/2017/ND-CP dated 10 May 2017
- Decree No. 171/2016/ND-CP dated 27 December 2016
- Decree No. 86/2020/ND-CP dated 23 July 2020 amending Decree No. 171/2016/ND-CP dated 27 December 2016
- Decree No. 160/2016/ND-CP dated 29 November 2016
- Decision No 149/2003/QD-TTg dated 21 July 2003.
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. Public utility concession or licensing procedures may apply in case of occupation of the public domain.
28. Sector: Maritime Auxiliary Services
Sub - sector: Customs Clearance Services (16)
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Source of Measure: - Administrative measures
- Law on Enterprise No. 59/2020/QH14 dated 17 June 2020
- Law on Investment No. 61/2020/QH14 dated 17 June 2020
- Viet Nam Maritime Code No. 95/2015/QH13 dated 25 November 2015
- Decree No. 147/2018/ND-CP dated 24 October 2018
- Decree No. 58/2017/ND-CP dated 10 May 2017
- Decree No. 171/2016/ND-CP dated 27 December 2016
- Decree No. 86/2020/ND-CP dated 23 July 2020 amending Decree No. 171/2016/ND-CP dated 27 December 2016
- Decree No. 160/2016/ND-CP dated 29 November 2016
- Decision No. 149/2003/QD-TTg dated 21 July 2003.
Description: Investment
Foreign investors are only permitted to establish joint venture or the purchase of shares in a Vietnamese enterprise with less than 100% foreign ownership, to do customs clearance services.
29. Sector: Internal Waterways Transport
Sub - sector: Passenger transport (CPC 7221)
Freight transport (CPC 7222)
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Source of Measure: - Administrative measures.
- Law on Enterprise No. 59/2020/QH14 dated 17 June 2020
- Law on Investment No. 61/2020/QH14 dated 17 June 2020
- Law on Internal Waterways Transport No. 48/2014/QH13 dated 17 June 2014 amending Internal Waterways Transport Law No. 23/2004/QH11 dated 15 June, 2004
- Decree No. 163/2017/ND-CP dated 30 December 2017
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 notexceeding 49 per cent.
30. Sector: Air Transport Services
Sub - sector: Sales and marketing air products services
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Source of Measure: - Administrative measures.
- Law on Civic Air Service No. 61/2014/QH13 dated 21 November 2014 amending Law on Civic Air Service No. 66/2006/QH11 dated 29 June 2006.
Description: Investment
Airlines are permitted to provide services in Viet Nam through their ticketing offices or agents in Viet Nam.
31. Sector: Air Transport Services
Sub - sector: Computer reservation services
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Source of Measure: - Administrative measures.
- Law on Civic Air Service No.61/2014/QH13 dated 21 November 2014 amending Law on Civic Air Service No. 66/2006/QH11 dated 29 June 2006.
Description: Cross-Border Trade in Services and Investment
The foreign service suppliers and investors must use public telecommunication network under the management of Viet Nam telecommunication authority.
32. Sector: Rail Transport Services
Sub - sector: Passenger transportation (CPC 7111)
Freight transportation (CPC 7112)
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Source of Measure: - Administrative measures
- Decree No. 163/2017/ND-CP dated 30 December 2017
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.
33. Sector: Road Transport Services
Sub - sector: Passenger transportation (CPC 7121+7122)
Freight transportation (CPC 7123)
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Source of Measure: - Administrative measures
- Decree No. 163/2017/ND-CP dated 30 December 2017
Description: Investment
Foreign investment to supply road passenger and freight transport services may not be supplied except through a business cooperation contract, a jointventure or the purchase of shares in a Vietnamese enterprise, with foreignequity not exceeding 49 per cent.
In the case of road freight transport services, subject to the needs of the market (17), 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.
34. Sector: Services Auxiliary to all Modes of Transport
Sub - sector: Container handling services, except services provided at airports (part of CPC 7411)
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Source of Measure: - Administrative measures
- Decree No. 163/2017/ND-CP dated 30 December 2017
Description: Investment
Foreign investors are only permitted to provide services through the establishment of joint ventures with Vietnamese partners with the capital contribution of foreign side not exceeding 50%.