17.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All sectors : : - : Central : National Treatment : Minimum capital used at commencement of the business under the Lists attached to the Foreign Business Act B.E. 2542 (1999) shall not be less than that prescribed in the Ministry of Commerce's regulations, which in no case shall be less than three million Baht. In all other cases, minimum capital used at the commencement of the business operation shall not be less than that prescribed by the Ministry of Commerce's regulations and shall in no case be less than two million Baht. : -Foreign Business Act B.E. 2542 (1999), as amended. -Ministry of Commerce's regulations, as amended. - Administrative guidelines.
18.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All sectors : : - : Central : National Treatment : Foreigner18 is permitted to own land according to Investment Promotion Act B.E. 2520 (1977), Industrial Estate Authority of Thailand Act B.E. 2522 (1979), and the Petroleum Act B.E. 2514 (1971). Foreigner, who brings money at least 40 million Baht for investment, is allowed to own land for residential purpose not exceeding 1 rai (1 rai = 1,600 square meters) with a permission by the Ministry of Interior. In the case of hiring the land more than 100 rai for commercial or industrial purposes, where a foreigner or a juridical person according to Section 97 of Land Code is a hirer, sub-hirer or transferee of the right of hirer, its investment in an operation of such commerce or industry shall not be less than 100 million Baht, excluding the cost of hire. Also, the total amount of money invested shall be foreign exchange brought into the Kingdom or withdrawn from the foreign currency deposit account or withdrawn from the non-resident Baht account. : -Foreign Business Act B.E. 2542 (1999), as amended. -Hire of Immovable Property for Commerce and Industry Act B.E. 2542 (1999), as amended. -Land Code, as amended. -Act Promulgating the Land Code B.E. 2497 (1954), as amended -Land Code Amendment Act (No.8) B.E. 2542 (1999), as amended. - Ministerial regulations. - Administrative guidelines. ∞ 18 For the purposes of this reservation, the definition of ‘foreigner' can be found in the Land Code B.E. 2497 (1954).
19.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All sectors : : - : Central : National Treatment : Foreigner19 is not allowed to own housing except condominium20. The total condominium units owned by foreigners must not exceed 49% of the condominium units in each condominium. : -Foreign Business Act B.E. 2542 (1999), as amended. -Condominium Act B.E. 2522 (1979), as amended. - Ministerial regulations. - Administrative guidelines. ∞ 19 For the purposes of this reservation, the definition of ‘foreigner' can be found in the Condominium Act B.E. 2522 (1979). 20 For the purposes of this reservation, the definition of ‘condominium' can be found in the Condominium Act B.E. 2522 (1979).
20.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All sectors : : - : Central : National Treatment : National Treatment shall not apply to any measure relating to Small and Medium Enterprise21. : -Small and Medium Enterprises Promotion Act B.E. 2543 (2000), as amended. -Fisheries Act B.E. 2490 (1947), as amended. -National Economic and Social Development Plan - Ministerial regulations. - Administrative guidelines. ∞ 21 For the purposes of this reservation, the definition of ‘Small and Medium Enterprise' can be found in the Small and Medium Enterprises Promotion Act B.E. 2543. For illustrative purposes, measure relating to Small and Medium Enterprise may include, for example, Thai SMEs may be given priority to the access of land and water resources in designated areas, and foreign participation is not allowed in small-scale/ aquaculture entrepreneur.
21.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All sectors : - : - : Central : National Treatment Senior Management and Board of Directors : National Treatment and Senior Management and Board of Director shall not apply to any measure with respect to privatization, or divestment of assets through transfer or disposal of equity interests or assets owned wholly or partially by the government, a state enterprise22, a state agency, or a government entity. All conditions imposed on existing privatised entities will continue to be applicable. : -National Economic and Social Development Plan. - Ministerial regulations. - Administrative guidelines. ∞ 22 For illustrative purposes, ‘State enterprise' may include, for example, PTT Public Company Limited, Thailand Tobacco Monopoly, Playing Cards Factory, Liquor Distillery Organisation, the Police Printing, Industrial Estate Authority of Thailand, Forest Industry Organisation, and Rubber Estate Organisation.
22.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure THAILAND : All sectors : : - : Central : National Treatment : National Treatment shall not apply to any measures relating to portfolio investments. : -Exchange Control Act B.E. 2485 (1942), as amended. -Bank of Thailand Act B.E. 2485 (1942), as amended. -Regulations, Circulars and Guidelines.
23.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All sectors : : - : Central : National Treatment : National Treatment shall not apply to any measures relating to foreign exchange transactions by non-residents and measures relating to transactions in, and holdings of, local currency by nonresidents23, for the prevention of Thai Baht speculation. : -Exchange Control Act B.E. 2485 (1942), as amended. -Bank of Thailand Act B.E. 2485 (1942), as amended. -Securities and Exchange Act B.E. 2535 (1992), as amended. -Regulations, Circulars and Guidelines. ∞ 23 Examples of measures to prevent Thai Baht speculation include the following: -Measures to limit Thai Baht liquidity -Measures to curb Capital Inflows -Measures on Non-Resident Baht Account (NRBA) and Non-Resident Baht Account for Securities (NRBS) accounts -Measures on Non-deliverable forward.
24.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All sectors : - : - : Central : National Treatment : : Foreigner24 is allowed to work in vocations25reserved for Thai national. . -Working Aliens Act B.E. 2551 (2008). - Ministerial regulations. - Administrative guidelines. which are not ∞ 24 For the purposes of this reservation, the definition of ‘foreigner' can be found in the Working Aliens Act B.E. 2551 (2008). 25 These vocations are listed in Working Aliens Act B.E. 2551 (2008). For illustrative purposes, vocations which are reserved for Thai national may include, for example, farmers, Buddha images makers, monk alms bowls makers, and Thai musical instruments makers.
25.
25. Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All sectors : : - : Central : National Treatment Senior Management and Board of Directors : Foreigner26 shall comply with other conditions27 relating to investment in accordance with national development. Note: This reservation shall not include local equity requirements unless otherwise provided. : -The Constitution of the Kingdom of Thailand B.E. 2550 (2007). -Foreign Business Act B.E. 2542 (1999), as amended. -Natural Reserved Forest Act B.E. 2507 (1964), as amended. -Commercial Forest Plantation Act B.E. 2535 (1992),as amended. -Chainsaw Act B.E. 2545 (2002), as amended. -Fisheries Act B.E. 2490 (1947), as amended. - Ministerial regulations. - Administrative guidelines. ∞ 26 For the purposes of this reservation, the definition of ‘foreigner' can be found in Foreign Business Act B.E. 2542 (1999). 27 For illustrative purposes, conditions may include, for example, the ratio of the capital and loans, and the number of foreign directors who must have domicile in the Kingdom. Forest plantation in the area of natural reserved forests is reserved for Thai nationals only. The applicant for forest plantation in the private areas must have the ownership of such area. Only Thai nationals can apply for the license on the possession of a chainsaw. License for aquaculture in public areas is allowed for Thai nationals only.
Vietnam
1.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All Sectors : : - : Central : National Treatment Senior Management and Board of Directors : National Treatment and Senior Management and Board of Directors shall not apply to any measure in relation to the employment of expatriates. Restrictions1 may be imposed on the number or ratio, minimum wages, duration and type of expatriates employed. : -Law on Labour, 1994 as amended. -Law on Enterprises, 2005. -Decree 111/2008/ND-CP, dated 10/10/2008. -Decree 03/2006/ND-CP dated 06/01/2006. -Decree 34/2008/ND–CP dated 25/03/2008. ∞ 1 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 3 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, 2005.
2.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure VIET NAM : All Sectors : : - : Central : National Treatment Senior Management and Board of Director : National Treatment and Senior Management and Board of Director shall not apply to any measure in relation to portfolio investment : -Law on Investment, 2005. -Law on Securities (2006) and its implementing regulations. -Circular, Decree, Decision of Prime Minister and Administrative Guidelines.
3.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All Sectors : - : - : Central : National Treatment : NT may not apply to conditions imposed in investment licenses permits/certificates that were issued before the entry into force of this Agreement2 : Decree 101/2006/ND-CP; dated 21/9/2006. ∞ 2 For illustrative purposes, the condition may be the investors' commitment to transferring the invested assets to the Government of Vietnam on a non-compensable basis at the time of termination of their projects.
4.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All Sectors : : - : Central : National Treatment Senior Management and Board of Directors : National Treatment and Senior Management and Board of Directors may not apply to any measure relating to establishment, acquisition, organization and operation of foreign invested enterprises3 or foreign invested projects; including but not limited to the issuance of license/permit, legal form, equity participation4, organization, management and duration of investment5. : -Law on Investments, 2005. -Law on Enterprises, 2005. -Decree 108/2006/ND-CP, dated 22/9/2006. -Decree 139/2007/ND-CP, dated 05/9/2007. ∞ 3 The definition of "Foreign Invested Enterprises" can be found in the Law on Investment, 2005. 4 In respect of equity participation, this reservation shall apply unless such equity participation is otherwise specified in the other reservations in this reservation list. 5 For illustrative purpose, the measure may include but not limited to: -Foreign investors investing in Viet Nam must have an investment project and perform the procedures for investment registration or evaluation of investment at the State administrative body for investment in order to be issued with an investment certificate. -On legal form, foreign investors cannot establish cooperatives. -On management, the financial reporting by foreign and local investors is different. -On duration of investment, maximum duration of a foreign investment projects is 50 years.
5.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All Sectors : - : - : Central : National Treatment Senior Management and Board of Directors : National Treatment and Senior Management and Board of Directors may not apply to any measure relating to State Owned Enterprises6 and monitoring 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 : -Law on Investment, 2005; dated 29/11/2005. -Law on Enterprises, 2005; dated 29/11/2005. ∞ 6 The term "State-owned enterprise" is defined under Article 4 of the Law on Enterprises, 2005 as amended as follows: State-owned enterprise means an enterprise in which the State owns more than 50% of the charter capital.
6.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All Sectors : : - : Central : National Treatment : National Treatment may not apply in the event where activities restricted to designated enterprises are liberalized to those other than the designated enterprises, or in the event such designated enterprises no longer operate on a non-commercial basis7. : -Law on Investment, 2005. -Administrative Guidelines. ∞ 7 For illustrative purposes, ‘designated enterprises' may include Vinafood 1, Petroleum Processing and Trading Company, etc.
7.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All Sectors : : - : Central : National Treatment : National Treatment may not apply to any measure affecting land, property and natural resources8 associated with land, including but not limited to acquisition, ownership9, lease, policy on the usage of land, land planning, term of land use, rights and obligations of land users. : -Law on Land, 2003 as amended and its implementing regulations. -Law on Real Estate Business, 2006. ∞ 8 Natural resources found in land belong to the Government of Viet Nam. 9 For illustrative purposes, foreign organizations and individuals cannot own land. They can only lease land in line with the duration of their investment project subject to approval of a competent State body, which shall not exceed 50 years.
8.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All Sectors : : - : Central : National Treatment Senior Management and Board of Directors : Based on the requirements for socio-economic development10 in each period and consistent with the undertakings in international treaties of which the Socialist Republic of Vietnam is a member, the Government regulates the list of investments in which investment is conditional, and the conditions applicable to the establishment of economic organizations, the forms of investment, and opening of the market in a number of sectors as applicable to foreign investors Where an enterprise with foreign owned capital invested in a sector in which investment was unconditional but during the course of the investment activity the list of sectors in which investment is conditional was amended with the result that the relevant sector was included, the investor shall be permitted to continue its investment activity in that sector unconditionally. : -Law on Investment, 2005. -Decree 108/2006/ND-CP; dated 22/9/2006. ∞ 10 For illustrative purposes, socio–economic development plans in each period may include the Five-Year Socio-Economic Development Plans.
9.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All sectors : : - : Central : National Treatment Senior Management and Board of Directors : National Treatment and Senior Management and Board of Directors shall not apply to any measure relating to treatments granted to Small and Medium-sized Enterprises11 : -Law on Investment, 2005. -Law on Enterprises, 2005. -Decree No 90/2001/ND-CP, dated 23/11/2001. -Decree 56/2009/NĐ-CP, dated 30/6/2009. -Small and Medium-sized Enterprises Development Plan. ∞ 11 The term "small and medium-sized enterprise" is defined under Article 3 of the Decree 56/2009/ND-CP, dated 30/6/2009 of the Government as follows: small and medium-sized enterprise is an enterprise established in accordance with laws which has less than or equal to 300 employees or has total legal capital of less than or equal to 100 billion VND.
10.
Sector Sub-Sector : Manufacturing, Agriculture and Forestry, Fishery Services incidental to Manufacturing, Fishery, Mining and Quarrying : 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); -Publishing (ISIC 221): All kinds of publishing product. • Publishing of books, brochures, musical books and other publications (ISIC 2211); • Publishing of newspapers, journals and periodicals (ISIC 2212); • Publishing of recorded media (ISIC 2213); • Other publishing (ISIC 2219). -Printing (ISIC 2221): • Books (including books for the blind), pictures, maps, posters, leaflets, calendars; • Molding and pressing money, value papers, forms with denomination, financial invoices, checks, etc; • Journals, Newspapers, Magazines, Periodicals, Counterfeit stamps, Certificates, Passport, National Identity Cards, etc. -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 baked earth bricks and tiles (ISIC 2694); -Production of D6-D32 mm construction steel rods and D15D114mm 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 bentonite 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 and Forestry including: -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)12. Services Incidental to Manufacturing including: -Services related to producing of industrial gas such as oxy, nitro, CO2 (solid or liquid) (CPC 88460/ISIC 2411); -Services related to producing of caustic soda NaOH (liquid) (CPC 88460/ISIC 2411); -Services incidental to producing of common used insecticides (Foreign investment is allowed in producing of input materials (toxin) only) (CPC 88460/ISIC 2421); -Services related to producing of common used paints (CPC 88460/ISIC 2422) -Services related to dairy processing (CPC 88120); -Services related to cane sugar production and sugar processing industry -Services related to processing of beer and beverages (CPC 88411/ISIC 1551); -Services related to processing of tobacco products such as cigarette, cigar, pipe tobacco, chewing tobacco, farmer cut tobacco based on contracts or a fee: • Processing of reconstituted tobacco based on contracts or a fee (CPC 88412/ISIC 1600) • Processing of hookah based on contracts or a fee (CPC 8412) -Services related to processing of manufactured tobacco for production of cigarette based on contract or a fee (CPC 88412); -Services on distributing acid-sulphuric used in producing other products (CPC 88460/ISIC 2411); -Services related to production of fluorescent tubes and incandescent bulb (CPC 88480); Fishery: -Fresh-water fishing, marine fishing (ISIC 0500) -Coral and natural pearl exploitation.(ISIC 0500) Service Incidental to Fishery, including: -Services related to production of fishing net and twine for fishery sector (CPC 88200) 12 List of rare or precious plants and animals can be found in website: www.kiemlam.org.vn -Services on repairing and maintaining of fishing boats (CPC 88200) -Services related to exploiting of fresh-water fisheries (CPC 88200) -Services related to quarantine, quality control of aquaculture and processing products (CPC 88200) -Services related to processing and preservation of aquatic products (CPC 8841) -Services on canning aquatic products (CPC 8841). Services Incidental to Mining and Quarrying (CPC 88300; ISIC 1120): -Services related to application of science and technology to production, including: • Completion of production technology and process for heatinsulation material for covering pipes (CPC 88520); • Preparation for the following services: o Production of aromatic chemicals for gas industry (CPC 88300); o Discharged water treatment on platform and drilling mud supply (CPC 88300); o Study on waste oil collection and treatment (CPC 88300); o Covering reinforced concrete and anti-corrosive paint for oil and gas pipeline (CPC 88300); o Producing gas tanks, gas fired cooker and gas equipment (CPC 88300); o Issuing quality certification for gas equipment and facilities (CPC 88300). -Services related to testing, adjusting, repairing and maintaining industrial measure and control equipment for oil and gas sector (CPC 88300); -Oil and gas warehouse services (CPC 88300); -Oil and gas supply base services (CPC 88300); -Catering and allied services including food and foodstuff, cleanwater and vegetable to off-shore construction facilities (CPC 88300); -Manpower supply services including professional manpower, skills and foreign language training for manpower supplied to foreign countries, signing manpower supply contracts with foreign companies (CPC 88300); -Services related to gas processing: separating Bupro, Condensate (CPC 88300); -Leasing services related to other machines and equipment including specialized equipment in oil and gas industry (CPC 88300); -Services related to database for oil and gas study (CPC 88300); -Services related to database for geological study and seismic survey for oil and gas industry (CPC 88300);
Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure -Services related to geological and exploration drilling (CPC 88300); -Risk assessment, including field-survey, data collection, using special software on impact assessment of frequency and sensitiveness, proposing mitigation measures (CPC 88300); -Services on Environment Protection and Management, including: • Environmental background study (CPC 88300); • Establishing oil-spill response plan, including environmental sampling and analysis (sediment samples, biology, soil, water, air), measuring water and air quality, obtaining onsite spectrum, collecting and assessing data on nature (such as environmental climatic, and hydrographic data), socio-economic data, etc, making reports on environmental background study, environmental impact assessment, oilspill response plan (CPC 88300); • Proposing environmental management plan in oil and gas activities, particularly for offshore environment and sensitive coastline areas (CPC 88300). : See above : Central : National Treatment Senior Management and Board of Directors : No investment license shall be issued to foreign investors13 in these sectors and sub-sectors : AIA commitments. Law on Investment, 2005. Law on Environment Protection, 1993. Decree 108/2006/ND-CP, dated 22/9/2006. Decree 59/2006/ND-CP, dated 12/6/2006. Decision 95/2009/QD-TTg, dated 17/7/2009. Resolution 12/2000/NQCP; dated 14/8/2000. Decision 38/2007/QĐ-TTg; dated 20/3/2007. Decree 119/2007/ND-CP dated 18/07/2007. Decision 28/2002/QD-TTg dated 06/2/2002. Decision 58/2003/QD-TTg dated 17/4/2003 Decision 18/2007/QD-BCN dated 08/5/2007. Decision 26/2007/QD-TTg dated 15/2/2007. Circular 14/2008/TT-BCT, dated 25/11/2008. Decision 32/2000/QD-BCN, dated 04/5/2000. Decision 121/2008/QD-TTg, dated 29/8/2008. Decree 105/2007/ND-CP, dated 21/6/2007. 13 For the purpose of this reservation, the term "Foreign investor" can be found in the Law on Investment, 2005 Page 13 of 32 VIET NAM Law on Oil & Gas; 1993. Decree 19/2000/ND-CP dated 08/6/2000. Law on Fishery, 2003. Decree 59/2005/ND-CP dated 04/5/2005. Circular 02/2005/TT-BTS dated 04/5/2005. Circular 62/2008/TT-BNN dated 20/5/2008. Law on Technical Standard and Criteria dated 29/06/2006. Ordinance 12/2003/PL-UBTVQH dated 26/07/2003. Ordinance on Veterinary dated 29/04/2004. Decree 59/2005/ND-CP dated 04/5/2005. Decree 123/2006/ND-CP dated 27/10/2006. Decree 191/2004/ND-CP dated 18/11/2004. Decision 10/2007/QD-TTg dated 11/1/2006. Decision 117/2008/QD-BNN dated 11/12/2008. Decision 118/2008/QD-BNN dated 11/12/2008. Decision 116/2008/QD-BNN dated 03/12/2008. Circular 02/2005/TT-BTS dated 04/5/2005. Circular 62/2008/TT-BNN dated 20/5/2008. Decree 32/2006/ND-CP dated 30/03/2006. Law on Environmental protection. Decision 328/2005/QD-TTg. Direction 21/2004/CT-TTg. Decree 25/2009/ND-CP. Decision 88/2007/QD-TTg dated 13/6/2007
11.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : All sectors : : - : Central : National Treatment Senior Management and Board of Directors : National Treatment and Senior Management and Board of Directors shall not apply to any measures in relation to maintaining food security14 : -Decree 12/2006/ND-CP dated 23/01/2006. -Policy on national food security ∞ 14 For illustrative purpose, Foreign owned enterprises shall not be allowed to export rice and paddy until Jan 1st 2011.
12.
Sector : Manufacturing Sub-Sector : -Production of industrial explosive devices (ISIC 2429) -Cement production (ISIC 2694) -Production of ready mixed concrete, stone crushing (ISIC 2695) -Automobile assembly and manufacture (ISIC 3410) -Motorcycle assembly and manufacture (ISIC 3591) Industry Classification : ISIC 2429, 2694, 2695, 3410, 3591 Level of Government : Central Type of Obligation : National Treatment Description of Measure : Investment in these sub-sectors shall be subject to planning of the Government which may give preferences to local investors15 Source of Measure : -Law on Mineral 2005 and its guiding legal documents. -Decision No 150/2007/QĐ-TTg, dated 10/9/2007. -Decree No 39/2009/ND-CP dated 23 April 2009. -Decision 121/2008/QD-TTg, dated 29/8/2008. -Decision 02/2007/QD-BCT, dated 29/8/2007. ∞ 15 For illustrative purpose, local manufacturer of motorcycles may be given privileges in terms of production quantity to meet the demand of domestic market and location preferences.
13.
Sector : Manufacturing Sub-Sector Industry Classification Level of Government Type of Obligation : -Processing of aqua-product and canned seafood (shall be in joint venture form, subject to materials, technology requirements) (ISIC 1512) -Vegetable oil production and processing (in conjunction with development of local raw materials resources) (ISIC 1514) -Dairy processing (in conjunction with development of local raw materials resources) (ISIC 1520) -Leather tanning (in conjunction with development of local raw materials resources and subject to environmental protection requirement) (ISIC 1911) -Paper production (in conjunction with development of local raw materials resources) (ISIC 2101) -Production of automobile tires and tubes up to 450mm (subject to quality requirement) (ISIC 2511) -Production of rubber gloves, labour sanitary boots (subject to quality requirements) (ISIC 2520) -Assembly of marine engines (subject to technology requirements) (ISIC 2911) -Production of electro-mechanical and refrigeration equipment (subject to technology requirement) (ISIC 2919) -Manufacturing of cultivation, processing, reaping machines, insecticide pumps, spare parts of agricultural machines and engines (subject to technology and quality requirements) (ISIC 2921) -Production of household electric appliances (subject to technology requirement) (ISIC 2930) -Production of electrical fans (manufacturing new types of products and subject to quality requirements) (ISIC 2930) -Production of bicycle manufacture (Manufacturing new types of products and subject to quality requirements) (ISIC 3592) -Production of sanitary ceramics, porcelain and tiles (Subject to technology requirement) (ISIC 2691) -Manufacturing and assembling of transport vehicles (ISIC 3410) : See above. : Central : National Treatment Page 17 of 32 VIET NAM Description of Measure : Manufacturing projects/investments in these sectors shall comply with specific requirements on local raw material resources16, technology and/or environment and/or quality which may be inconsistent with National Treatment article under ACIA Source of Measure : -Decision No 17/2004/QD-BCN dated 08/3/2004. -Decision No 22/2005/QD-BCN dated 26/4/2005 -Decision No 36/2007/QD-BCN dated 06/8/2007. -Decision No 07/2007/QD-BCN dated 30/01/2007. -Decision No 177/2004/QD-TTg dated 05/10/2004. -Decision 147/QD-TTg dated 04/09/2007. -Decision 36/2007/QD-BCN dated 06/08/2007. -Decision 249/QD-TTg dated 10/10/2005. -Decree 80/2006/ND-CP dated 09/8/2006 -Decree 12/2006/ND-CP dated 23/01/2006 . ∞ 16 For greater clarity, the requirement on local raw material resources is not local content requirement.
14.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : Services incidental to Manufacturing : 1 Services related to manufacturing of water pumps used in agriculture (CPC 88530/ISIC 12912) 2 Services related to producing of plastic packing (CPC 88470) 3 Services related to producing of PP packing (CPC 88492) : CPC 884 – CPC 885 : Central : National Treatment : Sub-sector 1: Foreign investment is restricted and subject to foreign equity requirement of maximum of 30%. Sub-sectors 2 and 3: Foreign investment is restricted. : Law on Investment, 2005 and its guiding documents.
15.
Sector Sub-Sector : Services Incidental to Manufacturing : -Services related to producing of electronic scales for postal operation (CPC 88560/ISIC 32) -Services related to producing of small capacity microwave equipment, main distribution frame component (MDF), subscriber local loop equipment, terminal boxes of different size, wiring cables (CPC 88550) -Services related to producing of small capacity telephone switching systems (CPC 88560) -Services related to producing of optical fiber terminals (CPC 88560) -Services related to producing of telephone sets (CPC 88560) -Services related to producing of H3PO4 and HCl acids (CPC 88460/ISIC 2411) -Services related to producing of chemical products such as phosphor, silicate-natri, tripolyphotphat, aluminium hydroxide, light powder, calcium chloride, active coal and black carbon (CPC 88460/ISIC 2429) -Services related to manufacturing of products from structure metal (CPC 88520/ISIC 2811) -Services related to manufacturing of barrels, tanks and metal containers (CPC 88460/ISIC 2812) -Services related to processing of vegetable oil (In conjunction with development of local raw materials resources requirement) (CPC 88110/ISIC 0112) -Services related to manufacturing of lifting and loading equipment and machinery (CPC 88530/ISIC 2915) -Services related to manufacturing of other common used machinery (CPC 88530/ISIC 2919) -Services related to testing and control of computer's quality (With the commitment to investment supports, training and technology transfer) (CPC 88540) -Services related to packaging integrated circuits (IC) (Subject to technology transfer requirements) (CPC 88560) -Services related to assembling of electronics components, electronic and telecommunication products based on contracts or a fee (Subject to technology transfer requirements) (CPC 88550) -Services related to designing of machinery and equipment by computer (computer-aid-design CAD) (Subject to technology transfer requirements) (CPC 88540) -Other services (Subject to planning of the Government) -Services related to processing of alcohol (Subject to brand, quality requirements) (CPC 88411)
Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : CPC 884 – CPC 885 : Central : National Treatment : Investment in these services sub-sectors shall be subject to technology and quality requirements which may be inconsistent with National Treatment Article under ACIA.17 : Law on Technical Standard and Criteria, 2006. Decree 40/2008/ND-CP dated 07/4/2008 ∞ 17 For illustrative purpose, requirements on quality of services provided by foreign invested enterprises may be higher than those applied to local enterprises.
16.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : Mining & Quarrying : Oil and gas : ISIC 111, ISIC 112 : Central : National Treatment Senior Management and Board of Directors : National Treatment and Senior Management and Board of Directors shall not apply to any measure relating to oil and gas activities carried out within Viet Nam. Investment in oil and gas activities shall be subject to approval by the Government of Viet Nam. : -Law on Investment, 2005. -Law on Minerals, 2005. -Decree 160/2005/ND-CP; dated 27/12/2005. -Decree 07/2009/ND-CP dated 22/01/2009
17.
Sector : Mining & Quarrying, except Oil and Gas Sub-Sector : - Industry Classification : ISIC1310, 1320, 1410 Level of Government : Central Type of Obligation : National Treatment Senior Management and Board of Directors Description of Measure : National Treatment and Senior Management and Board of Directors may not apply to any measure in relation to mining & quarrying investment, including but not limited to the following sectors: -Survey, exploration and exploitation of minerals -Exploitation, processing of rare and precious minerals, raw materials -Exploitation, processing of rare and precious minerals, rare metals, raw materials; exploitation of clay for production of construction materials; exploitation of high-quality sand for production of construction and technical glasses -Projects in exploitation of precious or rare mineral shall be subject to approval by the Government of Vietnam -Mineral activities related to the special, toxic, rare and precious minerals including basic geological investigation, prospecting, exploration, exploitation and processing Source of Measure : -Decree 108/2006/ND-CP dated 22/9/2006. -Law on Minerals, 2005. -Decree 160/2005/ND-CP dated 27/12/2005. -Decree 07/2009/ND-CP dated 22/01/2009
18.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : Services Incidental to Mining and Quarrying : - : CPC 883 : Central : National Treatment : Foreign equity participation in joint ventures shall not exceed 49%. From 11 January 2010, the foreign equity participation in joint ventures may be 51%. From 11 January 2012, 100% foreign-invested enterprises may be permitted. National Treatment shall not apply to any measure relating to the services incidental to mining and quarrying activities. Investment in the oil and gas related activities carried out within Viet Nam shall be subject to law, regulations and procedures of Viet Nam. : Law on Investment, 2005.
19.
Sector : Fishery Sub-Sector : - Industry Classification : - Level of Government : Central Type of Obligation : National Treatment Description of Measure : National Treatment shall not apply to any measure relating to fishery activities within Viet Nam sovereignty and jurisdiction waters as defined in accordance with the1982 UNCLOS. Source of Measure : -Law on Fishery, 2003. -Decree 108/2006/ND-CP, dated 22/09/2006. -Decree 49/1998/ ND-CP dated 13/7/1998. -Decree 86/2001/ND-CP dated 16/11/2001. -Decree 191/2004/ND-CP dated 18/11/2004. -Decree 59/2005/ND-CP dated 04/5/2005. -Decision 10/2007/QD-TTg dated 11/1/2006. -Circular 02/2005/TT-BTS dated 04/5/2005. -Circular 62/2008/TT-BNN dated 20/5/2008.
20.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : Service Incidental to Fishery : Fry production and aquaculture operation : CPC 88200 : Central : National Treatment : Requirements on technology, fry quality of foreign invested enterprises must be higher than those that apply to local enterprises : -Law on Technical Standard and Criteria, 2006. -Law on Fishery, dated 26/11/2003. -Decree 59/2005/ND-CP dated 04/5/2005. -Circular 02/2005/TT-BTS dated 04/5/2005. -Circular 62/2008/TT-BNN dated 20/5/2008.
21.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : Service Incidental to Fishery : 1. Services related to sending vessels for buying seaproducts (CPC 88200) 2. Services related to hiring of fishing boats and employees (CPC 88200) 3. Services related to processing on board for fish (CPC 88200) crustaceans and mollusks and other related services 4. Services related to exploiting of sea-products (CPC 88200) 5. Services on collecting and buying aquatic products (CPC : 8820) : CPC 88200 : Central : National Treatment Sub-sectors 1 and 2: Foreign investment is restricted and subject to foreign equity requirement of maximum of 30%. : Sub-sectors 3 and 4: Foreign investment is restricted and subject : to foreign equity requirement of maximum of 40%. Decree 33/2010/ND – CP dated 31/03/2010 - Decree 32/2010/ND-CP dated 30/03/2010 - Decree 59/2005/ND – CP dated 04/5/2005 - Decree 14/2009/ND-CP dated 13/2/2009 - Decree 27/2005/ND-CP dated 08/03/2005 - Administrative Guidelines
22.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : Forestry : : ISIC 0200 : Central : National Treatment : National Treatment shall not apply to any measure relating to investment in forestry activities, including but not limited to the following: -Not to grant license to exploit natural forest to foreign investors - To provide rights and obligations of foreign individuals and organizations different from those of Vietnamese individuals and organizations : -Law on Protection and Development of Forest, 2004. -Decree 23/2006/QD-TTg dated 3/3/2006. -WTO's commitments.
23.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure VIET NAM : Services Incidental to Agriculture, Hunting and Forestry : Services relating to investigation, evaluation and exploitation for natural forest, including exploitation of woods and wild, rare and precious animals, hunting, trapping, aerial seed planting and aerial chemicals spraying and dusting, microbial plant, animal genetic resource in agriculture. : CPC 8812 : Central : National Treatment : No investment license will be issued for foreign investors in those sub-sectors. : Law on Investment, 2005. Law on Protection and Development of Forest, 2004.
24.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : Services Incidental to Agriculture, Hunting and Forestry : Services incidental to agriculture, hunting and forestry, other than services relating to investigation, evaluation and exploitation for natural forest, including exploitation of woods and wild, rare and precious animals hunting and trapping, aerial seed planting and aerial chemicals spraying and dusting, micro-bial plant, animal genetic resource in agriculture. : CPC 881 : Central : National Treatment Senior Management and Board of Directors : Foreign investors are only permitted to invest in the form of jointventure or business co-operation contract. Foreign equity shall not exceed 51% of the legal capital18 of joint venture. Foreign investments in these sectors are restricted to certain geographical areas19 as may be approved on a case-by-case basis. : -Law on Investment dated 29/11/2005 -Law on Protection and Development of Forest dated 03/12/2004 ∞ 18 "Legal capital" means, as defined by the Law on Enterprises 2005, article 4, provision 7, the minimum level of capital as stipulated by law to form an enterprise. 19 The certain geographical areas may include, but not limited to natural reserves.
25.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : Manufacturing : Aircraft Manufacture Industry : CPC 88590 (ISIC 353) : Central : National Treatment : The foreign equity participation shall not exceed 49% of the legal capital20 of the Joint-venture companies operating in air-plane manufacture : Decision No 38/2007/QD-TTg dated 20/3/ 2007 ∞ 20 "Legal capital" means, as defined by the Law on Enterprises 2005, article 4, provision 7, the minimum level of capital as stipulated by law to form an enterprise.
26.
Sector Sub-Sector Industry Classification Level of Government Type of Obligation Description of Measure Source of Measure : Manufacturing and Services Incidental to Manufacturing : -Manufacture of railway rolling stock, spare parts, wagon and coach -Services related to manufacturing of railway rolling stock, spare : parts, wagon and coach Manufacture of railway rolling stock, spare parts, wagon and coach : CPC 88590 (ISIC 352) : Central : National Treatment Joint-venture form is only permitted and foreign equity participation : shall not exceed 49% of the legal capital21 of the Joint venture. : Decision 1686/QĐ-TTg dated 20/11/2008. ∞ 21 "Legal capital" means, as defined by the Law on Enterprises 2005, article 4, provision 7, the minimum level of capital as stipulated by law to form an enterprise.