National market access treatment commitments. Foreign-invested enterprises can only provide services to foreign-invested enterprises in Vietnam. For the period of 2 years from the date of WTO membership, 100%. Foreign-invested enterprises can only provide services to foreign-invested enterprises in Vietnam. In some areas, subject to the regulations of the Government of Vietnam for the purposes of national security and social stability, foreign service providers may not be allowed to provide this service4.
6 The provision of services related to research, surveying, exploration and exploitation is subject to the applicable laws and regulations of Vietnam. Wire-based and mobile terrestrial services: The service must be provided through commercial agreements with an entity established in Vietnam and licensed to provide international telecommunications services. Vietnam is a member, foreign service providers will be allowed to control wholly owned submarine cable transmission capacity (eg IRU or consortium ownership) terminating at a licensed cable landing station in Vietnam, and provide a such capacity for international service providers based in licensed facilities in Vietnam.
14 A multinational company is a company which: a) has a commercial presence in Vietnam; b) operates in at least one other WTO member. Upon accession, business cooperation contracts or joint ventures (JV) with telecommunications service providers duly licensed in Vietnam will be permitted. Upon accession: joint ventures with telecommunications suppliers duly licensed in Vietnam will be permitted.
Facility-based services: Upon accession, joint venture (JV) with telecommunication service providers duly licensed in Vietnam will be permitted.
Audiovisual Services
Vietnam's cultural houses, film projection venue, public film clubs and associations and mobile projection teams are not allowed to enter into a business cooperation contract or joint venture with foreign service providers. For the period of 2 years from the date of accession, 100% foreign-invested enterprises could only provide services to foreign-invested enterprises and foreign-funded projects in Vietnam. Upon accession, foreign-invested companies engaged in distribution services will be allowed to engage in the commission agents, wholesale and retail business of all legally imported and domestically manufactured products except for: cement and cement clinkers; tires (excl.
From January 1, 2009, foreign-invested companies involved in distribution services will be allowed to engage in the commission agent, wholesale and retail business of tractors; motor vehicles; cars and motorcycles. The main criteria of the ENT include the number of existing service providers in a particular geographical area, the stability of the market and geographical scale. Regarding points (C), (D), and (E) below: The educational content must be approved by Vietnam's Ministry of Education and Training.
Confirming that services provided in the exercise of governmental authority, as defined in Article I:3(c) may be subject to public monopolies or exclusive rights granted to private operators. After accession, joint ventures with foreign capital contribution of not more than 51% are allowed during 4 years after accession. Foreign companies are allowed to do business activities in Vietnam in the form of build-operate-transfer (BOT) and build-transfer-operate (BTO).
For greater transparency, this commitment allows the maintenance or adoption of restrictions or limitations for national security reasons that would be justified under Article XIV and Article XIV bis of the GATS. With the aim of ensuring public welfare, foreign-invested enterprises are restricted from collecting garbage directly from households. They are only allowed to provide services at the waste disposal points as specified by local municipal and provincial authorities.
Foreign service providers are permitted to provide services in the form of joint ventures with Vietnamese partners. without limitation of foreign capital contribution.
Maritime Transport Services Passenger Transportation less
Marketing and sales of sea transport services through direct contact with customers, from quotation to invoicing;. 23 "Other forms of commercial presence for the provision of international maritime transport services" means the ability of foreign shipping companies to. 24 With respect to the access to and use of maritime agency services mentioned in the Additional Obligations column, where road, rail, inland waterways, coastal and inland shipping and related ancillary services are not otherwise fully covered by the schedule, a multimodal transport operator shall have the opportunity to access Vietnamese maritime agency service providers to hire, lease or charter trucks, railcars or barges and related equipment for the purpose of forwarding international cargo transported by sea.
Acts on behalf of the company, organizes the call of the ship or takes over cargo when required;. The number of joint ventures of foreign shipping companies will be limited to 5 companies upon accession. 25 Concession or licensing procedures for public supply may apply in case of occupation of the public domain.
26 "Customs clearance services" (alternatively "customs broker services") means activities that include performing customs formalities on behalf of another party in connection with the import, export or transportation of cargo, regardless of whether this service is the main activity of the service provider. or a normal supplement to their main business.
Internal Waterways Transport Passenger transport
Rail Transport Services Passenger transportation
Upon accession, foreign service providers are permitted to provide passenger and freight transport services through business cooperation contracts or joint ventures with foreign capital contribution of no more than 49%.
Road Transport Services Passenger transportation
Services Auxiliary to all Modes of Transport
- Competitive safeguards
- Interconnection
- Universal service
- Public availability of licensing criteria
- Independent regulators
- Allocation and use of scarce resources
Note: * indicates that the services specified are only part of the total range of activities covered by CPC concordance. 30 Includes the following activities: account auditing; freight brokerage services; cargo inspection, weighing and sampling services; cargo reception and acceptance services; transport document preparation services. According to the Law on Investment in Vietnam, "Business cooperation contract means a written document signed by two or more parties for the purpose of continuing investment activities without creating a legal entity".
A Business Cooperation Contract is a written document signed by two or more parties (hereinafter referred to as the business cooperation parties) establishing the responsibilities of and sharing of business results between the parties for the purpose of starting business investment in Vietnam without creating a legal entity. Commercial contracts, contracts for the supply of raw materials in exchange for finished goods, contracts for the purchase of equipment with long-term payment plans and other contracts that do not provide for sharing of profits or operating results fall outside the scope of the regulations of this Order. . A business cooperation contract is signed by the duly authorized representatives of the business cooperation parties.
34; Shipbroker services" is the work of a shipbroker who undertakes for remuneration to act on the individual authority of his principal as an intermediary in the conclusion of transport contracts, of marine insurance, of charter, of sale and purchase of vessel, towing contracts, recruitment agreement and contracts of other activities relating to maritime activities". Essential facilities means facilities of a public telecommunications transport network or service which (a) are provided exclusively or mainly by a single or limited number of providers; and. b) cannot be replaced economically or technically to provide a service. A major supplier is a supplier that has the ability to significantly influence the conditions of participation (taking into account price and supply) in the relevant market for basic telecommunications services as a result of:. i) control over essential facilities; or (ii) use of its position in the market.
Appropriate measures must be taken in order to prevent suppliers who, alone or jointly, are a major supplier from engaging in or continuing anti-competitive practices. The anti-competitive practices mentioned above include in particular: a) engaging in mutual subsidy against competition; Interconnection with a main supplier will be provided at every technically possible point in the network. a) on non-discriminatory terms, conditions (including technical standards and specifications) and fees and of a quality no less favorable than that offered for its similar services or for similar services of non-affiliated service suppliers or affiliates its or other subsidiaries;.
