35. Sector: Services Auxiliary to all Modes of Transport
Sub - sector: Other (part of CPC749)(18)
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 establish joint venture or the purchase of shares in a Vietnamese enterprise with less than 100% foreign ownership.
36. Sector: Manufacturing
Sub - sector: Aircraft Manufacture Industry (ISIC 353)
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Source of Measure: - Law on Investment No. 61/2020/QH14 dated 17 June 2020
- Decision No. 38/2007/QD-TTg dated 20 March 2007
Description: Investment
The foreign capital contribution in joint ventures operating in air-plane manufacture shall not exceed 49%.
37. Sector: Manufacturing
Sub - sector: Manufacture of railway rolling stock, spare parts, wagon and coach (ISIC 352)
Obligations Concerned:
Market Access
National Treatment
Level of Government: Central
Source of Measure: - Law on Investment No. 61/2020/QH14 dated 17 June 2020
- Decision No. 214/QD-TTg dated 10 February 2015
- Decision No. 1686/QD-TTg dated 20 November 2008
Description: Investment
Foreign investors are only allowed to establish joint venture with the
foreign capital contribution not exceeding 49%.
ANNEX II . RESERVATIONS FOR FUTURE MEASURES. SCHEDULE OF VIET NAM
EXPLANARY 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), the specific sectors, subsectors or activities for which that Viet Nam may maintain existing, or adopt new or more restrictive, measures that do not conform with 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 8.5 (Market Access);
(d) Article 8.6 (Local Presence);
(e) Article 9.6 (Performance Requirements); or
(f) Article 9.7 (Senior Management and Boards of Directors).
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 sub-sector for which the entry is made;
(c) Industry Classification, where referenced, 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);
(d) Obligations Concerned specifies the obligations referred to in paragraph 1 that, pursuant to Article 8.7.2 (Non-Conforming Measures) and Article 9.8.2 (Non-Conforming Measures), do not apply to the sectors, subsectors or activities listed in the entry;
(e) Description sets out the scope or nature of the sectors, subsectors or activities covered by the entry to which the reservation applies; and
(f) Existing Measures, where specified, identifies, for transparency purposes, a non-exhaustive list of existing measures that apply to the sectors, subsectors or activities covered by the entry.
3. In accordance with Article 8.7.2 (Non-Conforming Measures) and Article 9.8.2 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the sectors, subsectors and activities identified in the Description element of that entry.
4. With respect to Annex II entries on Most-Favoured-Nation Treatment relating to bilateral or multilateral international agreements, the absence of language regarding the scope of the reservation for differential treatment resulting from an amendment of those bilateral or multilateral international agreements in force or signed prior to the date of entry into force of this Agreement is without prejudice to each Party’s respective interpretation of the scope of that reservation.
1 Sector: All sectors
Sub-Sector:
Obligations Concerned: Market Access
National Treatment
Most-Favoured-Nation Treatment
Performance Requirements
Senior Management and Boards of Directors
Description: Investment
Viet Nam reserves the right to adopt or maintain any measure conferring rights or privileges to socially, economically and geographically disadvantaged minorities and ethnic groups.
Existing Measures:
2 Sector: All sectors (1)
Sub sector:
Obligations Concerned:
Market Access
National Treatment
Most-Favoured-Nation Treatment
Senior Management and Boards of Directors
Description: Investment
Viet Nam reserves the right to adopt or maintain any measure with respect to investment procedures (including but not limited to procedures for registration of investment, evaluation of investment projects, procedures for investments involving establishment of economic organizations and operational duration of projects, foreign exchange management procedures). (2)
Existing measures: - Administrative measures
- Law on Investment No. 61/2020/QH14 dated 17 June 2020
3 Sector: All sectors
Sub sector:
Obligations Concerned:
Market Access
National Treatment
Most-Favoured-Nation Treatment
Performance Requirements
Senior Management and Board of Directors
Description: Investment
Viet Nam reserves the right to adopt or maintain any measure relating to state-owned enterprises (3), State properties, Government entities and themonitoring and management of investment by State funds, including but not limited to privatization, equitization or divestment of assets through transfer or disposal of equity interests or assets of state-owned enterprises.
Existing measures:
- Administrative measures
- Law on Investment No. 61/2020/QH14 dated 17 June 2020
- Law on Enterprise No. 59/2020/QH14 dated 17 June 2020
- Decree No. 31/2021/ND-CP dated 26 March 2021
- Decree No. 47/2021/ND-CP dated 01 April 2021
4 Sector: All sectors
Sub sector:
Obligations Concerned:
Market Access
National Treatment
Most-Favoured-Nation Treatment
Local Presence
Performance Requirements
Senior Management and Boards of Directors
Description: Investment
Viet Nam reserves the right to adopt or maintain any measure affecting land, property and natural resources (4) associated with land, including but not limited to acquisition, ownership (5), lease, policy on the usage of land, land planning, term of land use, rights and obligations of land users.
Existing measures: - Administrative measures
- Law on Land No.45/2013/QH13 dated 29 November 2013
- Law on Real Estate Business No.66/2014/QH13 dated 25 November 2014
- Law on Housing No.65/2014/QH13 dated 25 November 2014
5 Sector: All sectors
Sub sector:
Obligations Concerned:
Market Access
National Treatment
Description: Cross-Border Trade in Services and Investment
Viet Nam reserves the right to adopt or maintain any measure in regard of the establishment of commercial presence of foreign enterprises and investors in Viet Nam in the form of branch, except for the follow sectors and sub-sectors:
- Legal services (CPC 861);
- Computer and Related Services (CPC 841-845, CPC 849);
- Management consultant services (CPC 865);
- Services related to management consulting (CPC 866);
- Construction and related engineering services (CPC 51);
- Franchising services (CPC 8929).
Existing measures:
6 Sector: All sectors
Sub sector:
Obligations Concerned:
Market Access
National Treatment
Most-Favoured-Nation Treatment
Performance Requirements
Senior Management and Boards of Directors
Description: Investment
Viet Nam reserves the right to adopt or maintain any measure regarding subsidies, including but not limited to subsidies for research and development, subsidies in health, education and audio-visual sectors, and subsidies aimed at promoting the welfare and employment of ethnic minorities.
Existing measures:
7 Sector: All
Sub-Sector:
Obligations Concerned:
National Treatment (Article 8.3 and 9.4)
Most-Favored-Nation Treatment (Article 8.4 and 9.5)
Market Access (Article 8.5)
Performance Requirements (Article 9.6)