Viet Nam reserves the right to adopt or maintain any measure with respect to the construction, operation and management of river ports, sea ports and airports.
This entry shall not be invoked to nullify the commitments set out in Viet Nam’s Annex I.
Existing Measures:
14 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 with respect to maintaining food security.
Existing measures: - Administrative measures
15 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 with respect to securities to be listed or listed on a stock exchange and any matter relating to the acquisition of interests in, take-overs of, and mergers of a public-listed company.
Existing measures: - Law on Investment No. 61/2020/QH14 dated 17 June 2020
- Law on Securities No. 54/2019/QH14 dated 26 November 2019
- Administrative measures
16 Sector: All sectors
Sub sector:
Obligations Concerned:
Market Access
National Treatment
Most-Favoured-Nation Treatment
Performance Requirements
Local Presence
Senior Management and Board of Directors
Description: Cross-Border Trade in Services and Investment
Viet Nam reserves the right to adopt or maintain any measure relating to activities:
- In the event those activities restricted to designated enterprises are liberalised to those other than the designated entities; or
- In the event such designated enterprise no longer operates on anoncommercial basis.
Existing measures:
17 Sector: All sectors
Sub sector:
Obligations Concerned:
Market Access
National Treatment
Description: Investment
Viet Nam reserves the right to adopt or maintain any measure withrespect to establishment and operation of co-operatives, union of co-operatives, household business and sole-proprietorship.
Existing measures:
18 Sector: Manufacturing and Agriculture
Sub sector: Manufacturing
- Production of firecrackers, including fireworks (ISIC 2927);
- Production of sky-lanterns (ISIC 3150);
- Production of fishing-net (ISIC 1723);
- Production and supply of explosive materials (ISIC 2429);
- Production of cigarettes and cigars (ISIC 1600);
- Production of alcoholic beverages and soft drink (ISIC 1551);
- Production of tobacco production (ISIC 1600);
- Production of lubrication oil, grease (ISIC 2320);
- Production of NPK fertilizer (ISIC 2412);
- Production of construction glasses (ISIC 2610);
- Production of clay bricks (ISIC 2693);
- Production of vertical shaft cement production equipment and burnt earth bricks and tiles (ISIC 2694);
- Production of D6-D32 mm construction steel rods and D15-D114mm seam steel pipe; zinc galvanized and color sheets (ISIC 2710);
- Production of fluorescent tubes and bulbs (ISIC 3150);
- Production of under 10000DWT cargo ships; under 800 TEU container ships; lighters and under 500 seats passenger ships (ISIC 3511);
- Production of oil-well cement, barite and betonies for drilling fluids (ISIC 2694);
- Production and supply of industrial explosive materials using in oil and gas activities (ISIC 2429);
- Cane sugar production (ISIC 1542).
Agriculture
Cultivating, producing or processing rare or precious plants, breeding or husbandry of precious or rare wild animal and processing of those plants or animals (including both living animals and processed matter taken from animals) (9).
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 relating to investment in these above-mentioned sectors and sub-sectors.
Existing measures:
- Administrative measures
- Law on Investment No. 61/2020/QH14 dated 17 June 2020
- Law on Environment protection No. 72/2020/QH14 dated 17 November 2020
- Law on Oil and Gas No. 51/VBHN-VPQH dated 10 December 2018
- Law on Oil and Gas No.10/2008/QH12 dated 03 June 2008 amending Law on Oil and Gas No. 19/2000/QH10 dated 9 June 2000
- Decree No. 59/2006/ND-CP dated 12 June 2006
- Decree No. 19/VBHN-BCT dated 09 May 2014
- Decision No. 95/2009/QD-TTg dated 17 July 2009
- Decree No. 67/2013/ND-CP dated 27 June 2013
- Decision No. 58/2003/QD-TTg dated 17 April 2003
- Decree No. 59/2005/ND-CP dated 4 May 2005
- Decree No. 14/2009/ND-CP dated 13 February 2009 amending Decree No. 59/2005/ND-CP dated 4 May 2005
- Circular No. 62/2008/TT-BNN dated 20 May 2008
- Decree No. 06/2019/ND-CP dated 22 January 2019
19 Sector: Professional services
Sub-sector: Accounting and bookkeeping services (CPC 862)
Taxation services (CPC 863)
Obligations Concerned:
Local Presence
Performance Requirement
Description: Cross-Border Trade in Services and Investment
Viet Nam reserves the right to adopt or maintain any measure which may be inconsistent with the obligations of Local presence and Performance requirement in the above sub-sectors.
Existing measures: - Law on Accounting No. 88/2015/QH13 dated 20 November 2015
- Decree No. 174/2016/ND-CP dated 30 December 2016
- Circular No. 292/2016/TT-BTC dated 15 November 2016
- Circular No. 296/2016/TT-BTC dated 15 November 2016
- Circular No. 297/2016/TT-BTC dated 15 November 2016
20 Sector: Rental/Leasing Services without Operators
Sub-sector: Relating to other machinery and equipment (CPC 83109)
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 with respect to cross-border supply in rental/leasing services without operators relating to machinery and equipment, except for industrial machinery and equipment.
Viet Nam reserves the right to adopt or maintain any measure with respect to investment in rental/leasing services without operators relating to machinery and equipment.
Existing measures:
21 Sector: Distribution Services
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 in regard of cross-border trade in:
(i) Commission agents' services (CPC 621, 61111, 6113, 6121)
(ii) Wholesale trade services (CPC 622, 61111, 6113, 6121)
(iii) Retailing services (CPC 631 + 632, 61112, 6113, 6121) (10)
regarding the distribution of products other than products for personal use and legitimate computer software for personal and commercial use.
- Viet Nam reserves the right to adopt or maintain any measure in regard of cross-border trade in services and investment regarding cigarettes and cigars, publications (11), video records on whatever medium, precious metals and stones, pharmaceutical products and drugs (12), explosives, processed oil and crude oil, rice, cane and beet sugar.
Existing measures: - Law on Trade No. 36/2005/QH11 dated 14 June 2005
- Decree No. 09/2018/ND-CP dated 15 January 2018
22 Sector: Other Business Services
Sub sector: Services incidental to manufacturing (CPC 884 and 885)
Obligations Concerned:
Market Access
National Treatment
Description: Investment