Israel - Vietnam FTA (2023)
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Senior Management and Board of Directors (Article 9.7)

Description: Investment

Viet Nam reserves the right to adopt or maintain any measure with respect to an investment to supply a service in the exercise of governmental authority.

8 Sector: All sectors

Sub sector:

Obligations Concerned: Most-Favoured-Nation Treatment

Description: Cross-Border Trade in Services and Investment

1. Viet Nam reserves the right to adopt or maintain any measure that accords differential treatment to services suppliers or investors of other countries or their investments under any bilateral or multilateral international agreement in force or signed prior to the date of entry into force of this Agreement.

2. Viet Nam reserves the right to adopt or maintain any measure that accords differential treatment to services suppliers or investors of other countries or their investments under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement.

3. The treatment referred in paragraph 2, with regards to the Most-Favoured-Nation Treatment provision in Chapter 9 (Investment), does not include the treatment with respect to the management, maintenance, use, enjoyment or disposal of investments in its territory.

Existing measures:

9 Sector: All sectors

Sub sector:

Obligations Concerned: Most-Favoured-Nation Treatment

Description: Cross-Border Trade in Services and Investment (6)

(6) For greater certainty, this entry is not inconsistent with Viet Nam's obligations set out in the GATS.

Viet Nam reserves the right to adopt or maintain any measure that accords differential treatment to countries under any bilateral or multilateral international agreement in force or signed after the date of entry into force of this Agreement involving:

(a) maritime matters, including salvage;

(b) fisheries; and

(c) aviation.

Existing measures:


10 Sector: All sectors

Sub-sector:

Obligations Concerned:

Market Access

National Treatment

Most-Favoured-Nation Treatment

Senior Management and Board of Directors

Level of Government: Central

Description: Investment

Viet Nam reserves the right to adopt or maintain any measure in relation to the employment of expatriates. Restrictions (7) may be imposed on the number or ratio, minimum wages, duration and type of expatriates employed.

(7) For illustrative purpose, the restriction may include but not limited to: - In the case of managers, executives and specialists, at least 20% of the total number of them shall be Vietnamese nationals. However, a minimum of three non-Vietnamese managers, executives and specialists shall be permitted per enterprise; - The legal representative of an enterprise shall reside permanently in Viet Nam as stipulated in the Law on Enterprise, 2014.

Existing Measures: - Law on Investment No. 61/2020/QH14 dated 17 June 2020

- Law on Labour No.45/2019/QH14 dated 20 November 2019

- Decree No. 145/2020/ND-CP dated 14 December 2020

- Administrative measures.

For greater certainty, this reservation shall not be invoked to nullify the commitments set out in Viet Nam’s Annex I.

11 Sector: Professional Services

- Medical and dental services (CPC 9312)

- Services provided by midwives, nurses, physiotherapists and para-medical personnel (CPC 93191)

- Veterinary services (keeping micro-organism strain for veterinary) (CPC 932)

- Other

Research and Development Services

- Research and development services on social sciences and humanities (CPC 852)

- InterdisciplinaryResearch and development services (CPC 853)

Real Estate Services

- Involving own or leased property (CPC 821)

- On a fee or contract basis (CPC 822)

Rental/Leasing Services without Operators

- Relating to ships (CPC 83103)

- Relating to other machinery and equipment (mining and oil field equipment; commercial radio, television and communication equipment) (CPC 83109)

- Relating to other transport equipment (CPC 83101+83102+)

- Other (CPC 832)

Other Business Services

- Arbitration and conciliation services (CPC 86602), excluding arbitration and conciliation services for commercial disputes between businesses – CPC 86602**

- Related scientific and technical consulting services: map making services (CPC 86754)

- Advertising services (CPC 871): advertising for cigarettes

- Market research and public opinion polling services (CPC 86402)

- Urban planning and urban landscape architectural services (CPC 8674) (excluding services incidental to development of project planning, construction, project supervision, maintenance, renovation and restoration of relics)

- Technical testing and analysis services (CPC 8676): conformity testing of transport vehicles and certification of transport vehicles

- Services incidental to agriculture, hunting and forestry (CPC 881): services relating to investigation, evaluation and exploitation for natural forest including exploitation of woods and wild, rare and precious animals hunting and trapping, aerial photographing, aerial seed planting and aerial chemicals spraying and dusting, micro-bial plant, animal genetic resource in agriculture

- Services incidental to fishing (CPC 882) excluding specialised consultancy services related to marine or freshwater fisheries, fish hatchery services

- Services incidental to mining (CPC 883): services of supply of equipment, materials and chemicals, supply base services, offshore/marine support vessels, accommodation and catering, helicopter services

- Services incidental to energy distribution (CPC 887)

- Placement and supply services of Personnel (CPC 872)

- Investigation and security (CPC 873)

- Building-cleaning services (CPC 874)

- Photographic services (CPC 875)

- Packaging services (CPC 876)

- Printing, publishing (CPC 88442)

- Convention services (CPC 87909*)

- Other (8790)

Postal services (CPC 7511)

Audiovisual services

- Video tape production and distribution services (9611)

- Radio and television services (CPC 9613)

- Radio and television transmission services (CPC 7524)

- Other

Communication services

- Postal services

- Other communication services

Other distribution services

Educational Services

- Primary education services (CPC 921)

Environmental services

- Sanitation and similar services (CPC 9403)

- Other

Health related and social services

- Social Services (CPC 933)

- Other health related and social services

Tourism and travel related services

- Tourist guides services (CPC 7472)

- Other

Recreational, cultural and sporting services

- News agency services (CPC 962)

- Libraries, archives, museums and other cultural services (CPC 963)

- Sporting and other recreational services, excluding electronic games business (CPC 964**)

- Other

Transport services

- Maritime Transport Services: Rental of vessels with crew (CPC 7213); Passenger transportation (cabotage) (CPC 7211); Freight transportation (cabotage) (CPC 7212); Freight transportation less cabotage Maintenance and repair of vessels (CPC 8868**); Pushing and towing services (CPC 7214); Supporting services for maritime transport (CPC 745**) 

*The (*) indicates that the service specified is a component of a more aggregated CPC item specified elsewhere in this classification list.

- Internal Waterways Transport: Rental of vessels with crew (CPC 7223); Maintenance and repair of vessels (CPC 8868**); Pushing and towing services (CPC 7224); Supporting services for internal waterway transport (CPC 745**)

- Air Transport Services: Passenger transportation (CPC 731); Freight transportation (CPC 732); Rental of aircraft with crew (CPC 734); Supporting services for air transport (CPC 746)

- Specialty air services

- Space Transport (CPC 733)

- Rail Transport Services: Pushing and towing services (CPC 7113); Maintenance and repair of rail transport equipment (CPC 8868**); Supporting services for rail transport services (CPC 743)

- Road Transport Services: Rental of commercial vehicles with operator (CPC 7124); Maintenance and repair of road transport equipment (CPC 6112+8867);

Supporting services for road transport services (CPC 744)

- Pipeline Transport: Transportation of fuels (CPC 7131); Transportation of other goods (CPC 7139)

- Services auxiliary to all modes of transport: Cargo-handling services provided at airports

- Other Transport Services

Other services not elsewhere classified CPC 95+97+98+99)

Sub-sector:

Obligations Concerned:

Market Access

National Treatment

Most-Favoured-Nation Treatment

Local Presence

Performance Requirements

Senior Management and Boards of Directors

Description: Cross-Border Trade in Services and Investment

Viet Nam reserves the right to adopt or maintain any measure that is not consistent with the obligations of National Treatment, Most-Favoured-Nation Treatment, Local Presence, Performance Requirements, Senior Management and Boards of Directors in cross-border trade in services and investment in the above- mentioned sectors and sub-sectors.

Existing measures:

12 Sector: All sectors

Sub sector:

Obligations Concerned:

Market Access

National Treatment

Most-Favoured-Nation Treatment

Local Presence

Senior Management and Boards of Directors

Description: Cross-Border Trade in Services and Investment

Viet Nam reserves the right to adopt or maintain any measure regarding the development policies of small and medium-sized Enterprises. (8)

(8) The term “small and medium-sized enterprise” is defined under Article 5 of Decree No. 80/2021/ND-CP dated 26 August 2021 on assistance to the development of small and medium sized enterprises.

Existing measures: - Decree No. 80/2021/ND-CP dated 26 August 2021 on assistance todevelopment of small and medium sized enterprise

13 Sector: River Ports, Sea Ports and Airports Construction, operation and management

Sub-Sector:

Obligations Concerned: Market Access

National Treatment

Most-Favoured-Nation Treatment

Performance Requirements

Senior Management and Boards of Directors

Local Presence

Description: Investment and Cross-Border Trade in Services

  • Chapter   1 INITIAL PROVISIONS AND GENERAL DEFINITIONS 1
  • Section   A Initial Provisions 1
  • Article   1.1 Establishment of a Free Trade Area 1
  • Article   1.2 Objectives 1
  • Article   1.3 Relation to other Agreements 1
  • Article   1.4 Extent of Obligations 1
  • Section   B General Definitions 1
  • Article   1.5 Definitions of General Application 1
  • Chapter   2 TRADE IN GOODS 1
  • Article   2.1 Definitions 1
  • Article   2.2 Scope and Coverage 1
  • Article   2.3 National Treatmebt 1
  • Article   2.4 Reduction or Elimination of Customs Duties 1
  • Article   2.5 Import and Export Restrictions 1
  • Article   2.6 Trade Related Non-Tariff Measures 1
  • Article   2.7 Import Licensing 1
  • Article   2.8 Administrative Fees and Formalities 1
  • Article   2.9 Agricultural Export Subsidies 1
  • Article   2.10 Administration of Trade Regulations 1
  • Article   2.11 Contact Points and Consultations 1
  • Article   2.12 Sub-Committee on Trade In Goods 1
  • Chapter   3 RULES OF ORIGIN 1
  • Article   3.1 Definitions 1
  • Article   3.2 Originating Good 1
  • Article   3.3 Cumulation of Origin 2
  • Article   3.4 Wholly Obtained Goods 2
  • Article   3.5 Sufficiently Worked or Processed Goods 2
  • Article   3,6 De Minimis 2
  • Article   3.7 Insufficient Working or Processing 2
  • Article   3.8 Unit of Qualification 2
  • Article   3.9 Accounting Segregation 2
  • Article   3.10 Accessories, Spare Parts and Tools 2
  • Article   3.11 Sets 2
  • Article   3.12 Neutral Elements 2
  • Article   3.13 Principle of Territoriality 2
  • Article   3.14 Direct Transport 2
  • Article   3.15 Exhibitions 2
  • Article   3.16 Proof of Origin 2
  • Article   3.17 Electronic Origin Data Exchange 2
  • Article   3.18 Procedures for the Issuance of Certificates of Origin 2
  • Article   3.19 Certificates of Origin Issued Retrospectively 2
  • Article   3.20 Duplicate Certificates of Origin 2
  • Article   3.21 Approved Exporter 2
  • Article   3.22 Conditions for Making Out an Origin Declaration 2
  • Article   3.23 Validity of Proofs of Origin 2
  • Article   3.24 Submission of Proofs of Origin 2
  • Article   3.25 Importation by Instalments 2
  • Article   3.26 Exemptions from Proofs of Origin 2
  • Article   3.27 Supporting Documents 3
  • Article   3.28 Preservation of Proofs of Origin and Supporting Documents 3
  • Article   3.29 Discrepancies and Formal Errors 3
  • Article   3.30 Mutual Assistance 3
  • Article   3.31 Verification of Proofs of Origin 3
  • Article   3.32 Denial of Preferential Treatment 3
  • Article   3.33 Dispute Settlement 3
  • Article   3.34 Amendments to the Chapter 3
  • Article   3.35 Sub-Committee on Customs and Rules of Origin 3
  • Chapter   4 CUSTOMS ADMINISTRATION AND TRADE FACILITATION 3
  • Article   4.1 Customs Cooperation 3
  • Article   4.2 Customs Procedures 3
  • Article   4.3 Release of Goods 3
  • Article   4.4 Risk Management 3
  • Article   4.5 Transparency 3
  • Article   4.6 Advance Rulings 3
  • Article   4.7 Review and Appeal 3
  • Article   4.8 Confidentiality 3
  • Article   4.9 Subcommittee on Customs and Rules of Origin 3
  • Chapter   5 Trade Remedies 3
  • Section   A Bilateral Safeguard Measures 3
  • Article   5.1 Definitions 3
  • Article   5.2 Application of a Bilateral Safeguard Measure 3
  • Article   5.3 Limitations for Applying a Bilateral Safeguard Measure 3
  • Article   5.4 Investigation Procedures 3
  • Article   5.5 Provisional Bilateral Safeguard Measures 3
  • Article   5.6 Notification and Consultations 3
  • Article   5.7 Compensation 3
  • Section   B Global Safeguard Measures 3
  • Article   5.8 Imposition of Global Safeguard Measures 3
  • Section   C Anti-dumping and Countervailing Measures 4
  • Article   5.9 Anti-dumping and Countervailing Measures 4
  • Section   D General Provision 4
  • Article   5.10 Selection of Measures 4
  • Chapter   6 SANITARY AND PHYTOSANITARY MEASURES 4
  • Article   6.1 Definitions 4
  • Article   6.2 Objectives 4
  • Article   6.3 Scope 4
  • Article   6.4 General Provisions 4
  • Article   6.5 SPS Contact Points 4
  • Article   6.6 Adaptation to Regional Conditions 4
  • Article   6.7 Equivalence 4
  • Article   6.8 Procedure of Listing Establishments 4
  • Article   6.9 Communication and Exchange of Information 4
  • Article   6.10 Sub-Committee on SPS 4
  • Article   6.11 Technical Cooperation 4
  • Article   6.12 Consultations 4
  • Article   6.13 Emergency Measures 4
  • Chapter   7 TECHNICAL BARRIERS TO TRADE 4
  • Article   7.1 Definitions 4
  • Article   7.2 Objectives 4
  • Article   7.3 Scope 4
  • Article   7.4 General Provisions 4
  • Article   7.5 International Standards, Guides and Recommendations 4
  • Article   7.6 Conformity Assessment Procedures 4
  • Article   7.7 Transparency 4
  • Article   7.8 Information Exchange and Technical Discussions 4
  • Article   7.9 Cooperation on TBT Related Issues 5
  • Article   7.10 Sub-Committee on Technical Barriers to Trade 5
  • Article   7.11 Contact Points 5
  • Chapter   8 Cross-Border Trade In Services 5
  • Article   8.1 Definitions 5
  • Article   8.2 Scope 5
  • Article   8.3 National Treatment 5
  • Article   8.4 Most-Favoured-Nation Treatment (3) 5
  • Article   8.5 Market Access 5
  • Article   8.6 Local Presence 5
  • Article   8.7 Non-Conforming Measures 5
  • Article   8.8 Domestic Regulation 5
  • Article   8.9 Transparency In Developing and Applying Regulations (5) 5
  • Article   8.10 Recognition 5
  • Article   8.11 Payments and Transfers 5
  • Article   8.12 Restrictions to Safeguard the Balance-of-Payments 5
  • Article   8.13 Denial of Benefits 5
  • Article   8.14 Exceptions 5
  • Chapter   9 INVESTMENT 5
  • Section   A General Provision 5
  • Article   9.1 Definitions 5
  • Article   9.2 Scope and Coverage 6
  • Article   9.3 Right to Regulate 6
  • Section   B Non-Discrimination and Liberalisation of Investment 6
  • Article   9.4 National Treatment 6
  • Article   9.5 Most-Favoured Nation Treatment 6
  • Article   9.6 Performance Requirements 6
  • Article   9.7 Senior Management and Board of Directors 6
  • Article   9.8 Non-Conforming Measures 6
  • Article   9.9 Special Formalities and Information Requirements 6
  • Section   C Investment Promotion and Protection 6
  • Article   9.10 Scope of Investment Protection 6
  • Article   9.11 Treatment of Investments 6
  • Article   9.12 Losses and Compensation 6
  • Article   9.13 Expropriation and Compensation (4) 6
  • Article   9.14 Transfers (6) 6
  • Article   9.15 Subrogation 6
  • Article   9.16 Taxation Measures (7) 7
  • Article   9.17 Denial of Benefits 7
  • Article   9.18 General Exceptions 7
  • Section   D Investor – State Dispute Settlemen 7
  • Article   9.19 Consultation and Negotiation 7
  • Article   9.20 Submission of Claim to Arbitration 7
  • Article   9.21 Consent of Each Party to Arbitration 7
  • Article   9.22 Conditions and Limitations on Consent of Each Party 7
  • Article   9.23 Selection of Arbitrators 7
  • Article   9.24 Place of Arbitration 7
  • Article   9.25 Places of Hearings and Procedural Language 7
  • Article   9.26 Conduct of Arbitration 7
  • Article   9.27 Third-Party Funding 7
  • Article   9.28 Governing Law 7
  • Article   9.29 Awards 7
  • Section   E Final Provisions 7
  • Article   9.30 Duration and Termination 7
  • Annex 9A   Expropriation 7
  • Annex 9B   Temporary Safeguard Measures 8
  • Annex 9C   Taxation and Expropriation 8
  • Annex 9D   Submission of a Claim to Arbitration with respect to Subparagraphs 2(b) and 2(c) of Article 9.22 (Conditions and Limitations on Consent of Each Party) 8
  • Chapter   10 GOVERNMENT PROCUREMENT 8
  • Article   10.1 Cooperation 8
  • Article   10.2 Information on the Procurement System 8
  • Article   10.3 Consultations 8
  • Article   10.4 Non-Application of Dispute Settlement 8
  • Article   10.5 Contact Points 8
  • Article   10.6 Review 8
  • Chapter   11 EXCEPTIONS 8
  • Article   11.1 General Exceptions 8
  • Article   11.2 Security Exceptions 8
  • Article   11.3 Taxation 8
  • Article   11.4 Disclosure of Information 8
  • Chapter   12 TRANSPARENCY 8
  • Article   12.1 Publication 8
  • Article   12.2 Provision of Information 8
  • Article   12.3 Administrative Proceedings 8
  • Chapter   13 ADMINISTRATION OF THE AGREEMENT 8
  • Article   13.1 Establishment of the Joint Committee 8
  • Article   13.2 Procedures of the Joint Committee 8
  • Article   13.3 Functions of the Joint Committee 8
  • Article   13.4 Establishment of Subcommittees, Working Groups and other Bodies 8
  • Article   13.5 Free Trade Agreement Coordinators 8
  • Chapter   14 DISPUTE SETTLEMENT 8
  • Article   14.1 Objective 8
  • Article   14.2 Scope 9
  • Article   14.3 Mutually Agreed Solution 9
  • Article   14.4 Consultations 9
  • Article   14.5 Good Offices, Conciliation or Mediation 9
  • Article   14.6 Choice of Forum 9
  • Article   14.7 Qualification of Arbitrators 9
  • Article   14.8 Request for the Establishment of an Arbitral Tribunal 9
  • Article   14.9 Terms of Reference of the Arbitral Tribunal 9
  • Article   14.10 Composition of the Arbitral Tribunal 9
  • Article   14.11 Function of Arbitral Tribunals 9
  • Article   14.12 Proceedings of Arbitral Tribunals 9
  • Article   14.13 Suspension and Termination of Proceedings 9
  • Article   14.14 Implementation of Report 9
  • Article   14.15 Compensation and Suspension of Benefits 9
  • Article   14.16 Time Frames 9
  • Article   14.17 Remuneration and Expenses 9
  • Annex 14-A   RULES OF PROCEDURE 9
  • Annex 14-B   CODE OF CONDUCT 10
  • UNDERTAKING IN THE MATTER OF PROCEEDING (TITLE) 10
  • Chapter   15 FINAL PROVISIONS 10
  • Article   15.1 Annexes, Appendices and Footnotes 10
  • Article   15.2 Amendments 10
  • Article   15.3 Entry Into Force 10
  • Article   15.4 Duration and Termination 10
  • Article   15.5 Amendments to the WTO Agreement 10
  • ANNEX I   RESERVATIONS FOR EXISTING MEASURES SCHEDULE OF THE STATE OF ISRAEL 10
  • ANNEX II   RESERVATIONS FOR FUTURE MEASURES. SCHEDULE OF THE STATE OF ISRAEL 12
  • ANNEX I   RESERVATIONS FOR EXISTING MEASURES. SCHEDULE OF VIET NAM 17
  • ANNEX II   RESERVATIONS FOR FUTURE MEASURES. SCHEDULE OF VIET NAM 21
  • Appendix II-A   Viet Nam 26