Consolidated TPP Text – Annex 15-A – Schedule of Viet Nam

Section A: Central Government Entities

Chapter 15 (Government Procurement) shall apply to the entities of the central level of government listed in this Section where the value of the procurement is estimated to equal or exceed the following thresholds.

Thresholds:

1. Goods and Services

2. Construction services

List of Entities:

1. Ministry of Justice (Bộ Tư pháp)

2. Ministry of Planning and Investment (Bộ Kế hoạch và Đầu tư)

3. Ministry of Labour, War Invalids and Social Affairs (Bộ Lao động, Thương binh và Xã hội)

4. Ministry of Culture, Sports and Tourism (Bộ Văn hóa, Thể thao và Du lịch)

5. Ministry of Science and Technology (Bộ Khoa học và Công nghệ)

6. Ministry of Finance (Bộ Tài chính)

7. Ministry of Construction (Bộ Xây dựng)

8.Ministry of Information and Communications (Bộ Thông tin và Truyền thông)

9. Viet Nam Social Security (Bảo hiểm Xã hội Việt Nam)

10. Government Inspectorate (Thanh tra Chính phủ)

11. Ministry of Industry and Trade (Bộ Công Thương)

12. Ministry of Health (Bộ Y tế)

13. Ministry of Natural Resources and Environment (Bộ Tài nguyên và Môi trường)

14. Ministry of Education and Training (Bộ Giáo dục và Đào tạo)

15. Ministry of Home Affairs (Bộ Nội vụ)

16. Ministry of Foreign Affairs (Bộ Ngoại giao)

17. Committee for Ethnic Affairs (Ủy ban Dân tộc)

18. Ministry of Agriculture and Rural Development(Bộ Nông nghiệp và Phát triển nông thôn)

19. Ministry of Transport (Bộ Giao thông vận tải)

20. Ministry of Public Security (Bộ Công an)

21. Ministry of National Defense (Bộ Quốc phòng)

Notes to Section A:

1. Chapter 15 (Government Procurement) shall apply only to the procurement made by the above-mentioned entities subordinate to the relevant ministries which are listed in this Section and their administrative subordinate agencies at central level.

2. For Ministry of Labour, War invalids and Social Affairs, Chapter 15 (Government Procurement) shall not apply to any procurement of goods and services involving martyrs’ cemetery.

3. For Viet Nam Social Security, for greater certainty, Chapter 15 (Government Procurement) shall not cover any procurement of investment management, investment advisory, or master custody and safekeeping services for the purposes of managing and investing the assets of superannuation funds of Viet Nam Social Security.

4. For Ministry of Transport, Chapter 15 (Government Procurement) shall not apply to procurement of construction services of the Ministry of Transport.

5. For Ministry of National Defense:

United Nations Provisional Central Product Classification
CPCDescription
61120Maintenance and repair services of motor vehicles (except for service involving engine overhaul)
612Sale, maintenance and repair services of motorcyles and snowmobiles; sales of related parts and accessories (offer only the services involving maintenance and repair services of motor vehicles under CPC612)
87401Disinfecting and exterminating services
87507Restoration, copying and retouching services of photography
87501Portrait photography services
51520Water well drilling (except for installation and repair work of piping systems within buildings)

6. For Ministry of Public Security

Ministry of Public Security - described in the HS
HS2012Description
30Pharmaceutical products
34.02Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 34.01
3402.19.10Of a kind suitable for use in fire-extinguishing preparations
3813.00.00Preparations and charges for fire-extinguishers; charged fire-extinguishing grenades
39.26Other articles of plastics and articles of other materials of headings 39.01 to 39.14
3926.20.60Articles of apparel used for protection from chemical substances, radiation or fire
3926.90.42Protective masks for use in welding and similar work
3926.90.44Life saving cushions for the protection of persons falling from heights
3926.90.49Other
59.07Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths or the like
5907.00.30Fabrics impregnated, coated or covered with fire resistant substances
59.09Textile hosepiping and similar textile tubing, with or without lining, armour or accessories of other materials
5909.00.10Fire hoses
61.13Garments, made up of knitted or crocheted fabrics of heading 59.03, 59.06 or 59.07
61.16Gloves, mittens and mitts, knitted or crocheted
6116.10.10Other
62.10Garments, made up of fabrics of heading 56.02, 56.03, 59.03, 59.06 or 59.07
6210.10Of fabrics of heading 56.02 or 56.03
6210.10.11Garments used for protection from chemical substances, radiation or fire
6210.20.20Garments used for protection from fire
6210.20.30Garments used for protection from chemical substances or radiation
6210.30.20Garments used for protection from fire
6210.30.30Garments used for protection from chemical substances or radiation
6210.40.10Garments used for protection from fire
6210.40.20Garments used for protection from chemical substances or radiation
6210.50.10Garments used for protection from fire
6210.50.20Garments used for protection from chemical substances or radiation
64.01Waterproof footwear with outer soles and uppers of rubber or of plastics, the uppers of which are neither fixed to the sole nor assembled by stitching, riveting, nailing, screwing, plugging or similar processes
65.06Other headgear, whether or not lined or trimmed
6506.10.20Industrial safety helmets and firefighters’ helmets, excluding steel helmets
82.01Hand tools, the following: spades, shovels, mattocks, picks, hoes, forks and rakes; axes, bill hooks and similar hewing tools; secateurs and pruners of any kind; scythes, sickles, hay knives, hedge shears, timber wedges and other tools of a kind used in agriculture, horticulture or forestry
82.02Hand saws; blades for saws of all kinds (including slitting, slotting or toothless saw blades)
82.03Files, rasps, pliers (including cutting pliers), pincers, tweezers, metal cutting shears, pipe-cutters, bolt croppers, perforating punches and similar hand tools
84.24Mechanical appliances (whether or not hand-operated) for projecting, dispersing or spraying liquids or powders; fire extinguishers, whether or not charged; spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines
8424.10Fire extinguishers, whether or not charged
85.01Electric motors and generators (excluding generating sets)
85.03Parts suitable for use solely or principally with the machines of heading 85.01 or 85.02
85.19Sound recording or reproducing apparatus
85.22Parts and accessories suitable for use solely or principally with the apparatus of heading 85.19 or 85.21
85.25Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and video camera recorders
85.26Radar apparatus, radio navigational aid apparatus and radio remote control apparatus
85.37Boards, panels, consoles, desks, cabinets and other bases, equipped with two or more apparatus of heading 85.35 or 85.36, for electric control or the distribution of electricity, including those incorporating instruments or apparatus of Chapter 90, and numerical control apparatus, other than switching apparatus of heading 85.17
87.05Special purpose motor vehicles, other than those principally designed for the transport of persons or goods (for example, breakdown lorries, crane lorries, fire fighting vehicles, concrete-mixer lorries, road sweeper lorries, spraying lorries, mobile workshops, mobile radiological units)
8705.10.00Crane lorries
8705.20.00Mobile drilling derricks
8705.90.50Street cleaning vehicles; cesspool emptiers; mobile clinics; spraying lorries of all kinds
89.05Light-vessels, fire-floats, dredgers, floating cranes and other vessels the navigability of which is subsidiary to their main function; floating docks; floating or submersible drilling or production platforms
89.06Other vessels, including warships and lifeboats other than rowing boats
8908.00.00Vessels and other floating structures for breaking up
90.18Instruments and appliances used in medical, surgical, dental or veterinary sciences, including scintigraphic apparatus, other electro-medical apparatus and sight-testing instruments
90.19Mechano-therapy appliances; massage apparatus; psychological aptitude-testing apparatus; ozone therapy, oxygen therapy, aerosol therapy, artificial respiration or other therapeutic respiration apparatus
9020.00.00Other breathing appliances and gas masks, excluding protective masks having neither mechanical parts nor replaceable filters
90.21Orthopaedic appliances, including crutches, surgical belts and trusses; splints and other fracture appliances; artificial parts of the body; hearing aids and other appliances which are worn or carried, or implanted in the body, to compensate for a defect or disability
90.22Apparatus based on the use of X-rays or of alpha, beta or gamma radiations, whether or not for medical, surgical, dental or veterinary uses, including radiography or radiotherapy apparatus, X-ray tubes and other X-ray generators, high tension generators, control panels and desks, screens, examination or treatment tables, chairs and the like

Section B: Sub-Central Government Entities

None.

Section C: Other Entities

Chapter 15 (Government Procurement) shall apply to the entities listed in this Section where the value of the procurement is estimated to equal or exceed the following thresholds:

Thresholds:

1. Goods and Services

2. Construction Services

List of Entities:

1. Viet Nam News Agency (Thông tấn xã Việt Nam)

2. Ho Chi Minh National Academy of Politics (Học viện Chính trị quốc gia Hồ Chí Minh)

3. Viet Nam Academy of Social Sciences (Viện Hàn lâm Khoa học xã hội Việt Nam)

4. Viet Nam Academy of Science and Technology (VAST) (Viện Hàn lâm Khoa học và công nghệ Việt Nam)

5. Bach Mai Hospital (Bệnh viện Bạch Mai)

6. Cho Ray Hospital (Bệnh viện Chợ Rẫy)

7. Hue Central Hospital (Bệnh viện Đa khoa Trung ương Huế)

8. Thai Nguyen National General Hospital (Bệnh viện Đa khoa Trung ương Thái Nguyên)

9. Can Tho National Hospital (Bệnh viện Đa khoa Trung ương Cần Thơ)

10. Quang Nam Central General Hospital (Bệnh viện Đa khoa Trung ương Quảng Nam)

11. Uong Bi Viet Nam – Sweden Hospital (Bệnh viện Việt Nam - Thụy Điển Uông Bí)

12. Viet Nam – Cuba Donghoi Friendship Hospital (Bệnh viện Hữu nghị Việt Nam - Cu Ba Đồng Hới)

13. Viet Duc Hospital (Bệnh viện Hữu nghị Việt - Đức)

14. E Hospital (Bệnh viện E)

15. Friendship Hospital (Bệnh viện Hữu nghị)

16. Thong Nhat Hospital/ Unified Hospital (Bệnh viện Thống Nhất)

17. C Hospital (Bệnh viện C Đà Nẵng)

18. K Hospital (Bệnh viện K)

19. Viet Nam National Hospital of Pediatrics (Bệnh viện Nhi Trung ương)

20. National Hospital of Obstetrics and Gynecology (Bệnh viện Phụ - Sản Trung ương)

21. The Viet Nam National Institute of Ophthalmology (Bệnh viện Mắt Trung ương)

22. Hospital of Ear - Nose - Throat (Bệnh viện Tai - Mũi - Họng Trung ương)

23. National Hospital of Endocrinology (Bệnh viện Nội tiết Trung ương)

24. National Hospital of Odonto - Stomatology (Bệnh viện Răng - Hàm - Mặt Trung ương Hà Nội)

25. Ho Chi Minh Hospital of Odonto - Stomatology (Bệnh viện Răng - Hàm - Mặt Trung ương thành phố Hồ Chí Minh)

26. Central 71 Hospital (Bệnh viện 71 Trung ương)

27. Central 74 Hospital (Bệnh viện 74 Trung ương)

28. National Hospital of Lung Diseases (Bệnh viện Phổi Trung ương)

29. National Psychiatric Hospital no.1 (Bệnh viện Tâm thần Trung ương 1)

30. National Metal Hospital 2 (Bệnh viện Tâm thần Trung ương 2)

31. Quyhoa National Leprosy Dermatology Hospital (Bệnh viện Phong - Da liễu Trung ương Quy Hòa)

32. Quynh Lap National Leprosy Dermatology Hospital (Bệnh viện Phong - Da liễu Trung ương Quỳnh Lập)

33. Hospital of Nursing - Rehabilitation (Bệnh viện Điều dưỡng - Phục hồi chức năng Trung ương)

34. National Hospital of Tropical Diseases (Bệnh viện Bệnh Nhiệt đới Trung ương)

35. National Hospital of Dermatology and Venereology (Bệnh viện Da liễu Trung ương)

36. Hospital of Geriatric (Bệnh viện Lão khoa Trung ương)

37. National Hospital of Traditional Medicine (Bệnh viện Y học cổ truyền Trung ương)

38. National Hospital of Acupuncture (Bệnh viện Châm cứu Trung ương)

Notes to Section C:

1. For greater certainty, for Viet Nam News Agency, Ho Chi Minh National Academy of Politics, Viet Nam Academy for Social Sciences, Viet Nam Academy for Science and Technology, Chapter 15 (Government Procurement) shall apply only to the procurement made by the above-mentioned entities subordinate to the relevant procuring entities.

2. For Ho Chi Minh National Academy of Politics, Chapter 15 (Government Procurement) shall not apply to procurement of restoration services of Ho Chi Minh National Academy of Politics.

3. For Viet Nam News Agency, Chapter 15 (Government Procurement) shall not apply to any procurement in relation to news and documentary production of Viet Nam News Agency.

4. For 34 National Hospitals, for the purpose of determining whether a pharmaceutical procurement equals or exceeds the Section C goods threshold, the relevant contract will be the consolidated pharmaceutical contract which lasts at least one year for each hospital, or the centralised contract conducted by the Ministry of Health on behalf of them. Should a hospital procure in contracts which last a shorter period, the applicable threshold shall be 500,000 SDR. Should a procurement contract concern a single pharmaceutical product, the applicable threshold shall be 180,000 SDR.

5. Viet Nam does not offer the coverage of Section C to Mexico.

Section D: Goods

Chapter 15 (Government Procurement) shall cover all goods procured by the entities listed in Sections A and C, subject to the Notes to the respective Sections and Section G, except for goods indicated in the lists below.

HS2012Description
10.06Rice
27.09Petroleum oils and oils obtained from bituminous minerals, crude
27.10Petroleum oils and oils obtained from bituminous minerals, other than crude; preparations not elsewhere specified or included, containing by weight 70% or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations; waste oils
49.01Printed books, brochures, leaflets and similar printed matter, whether or not in single sheets
49.02Newspapers, journals and periodicals, whether or not illustrated or containing advertising material
49.05Maps and hydrographic or similar charts of all kinds, including atlases, wall maps, topographical plans and globes, printed
49.07Unused postage, revenue or similar stamps of current or new issue in the country in which they have, or will have, a recognised face value; stamp‑impressed paper; banknotes; cheque forms; stock, share or bond certificates and similar documents of title
8517.61Base stations
8525.50Transmission apparatus
8525.60Transmission apparatus incorporating reception apparatus
85.26Radar apparatus, radio navigational aid apparatus and radio remote control apparatus.
8527.13Other apparatus combined with sound recording or reproducing apparatus
8527.19Reception apparatus capable of planning, managing and monitoring the electromagnetic spectrum

Recorded discs, tapes, solid-state non-volatile storage devices, “smart cards” and other media for the recording of sound or of other phenomena.

Note to Section D:

For pharmaceutical products, the following notes shall apply.

1. For each calendar year following the date of entry into force of this Agreement for Viet Nam, Viet Nam may set aside from the obligations of Chapter 15 (Government Procurement) the respective percentage of contract value of pharmaceutical products as follows.

Year1st-3rd4th – 10th11th – 15th16th onward
Percentage of contract value100656050

2. With respect to the share of pharmaceutical procurement subject to commitments under Chapter 15 (Government Procurement), its composition will be composed of the following categories in sequential order:

until the share of the annual procurement that is covered for that year is reached.

3. Any Party’s suppliers of pharmaceuticals, including foreign invested enterprises, to covered entities shall have the right to participate directly in tenders.

4. Chapter 15 (Government Procurement) shall not cover procurement of distribution services of pharmaceutical products that form a procurement contract or form a part of, or are incidental to, a procurement contract. In case these services form a part of, or are incidental to, a procurement contract, the successful supplier of that procurement, including foreign invested enterprises, shall have the right to choose any licensed pharmaceutical distributors in Viet Nam to deliver pharmaceutical products to covered entities, including their existing distributors.

Section E: Services

The following services, as elaborated in the United Nations Provisional Central Product Classification, are covered (others being excluded):

United Nations Provisional Central Product Classification
CPCDescription
61Sale, maintenance and repair services of motor vehicles and motorcycles
64Hotel and restaurant services
75231Data network services
75232Electronic message and information services
84Computer and related services
862Accounting, auditing and book-keeping services
863Taxation services
864Market research and public opinion polls
872Placement and supply services of personnel
874Building-cleaning services
87501Portrait photography services
87503Action photography services
87504Specialty photography services
87505Photography processing services
87506Motion picture processing services to the motion picture and television industries
87507Restoration, copying and retouching services of photography
87509Other photographic services
876Packaging services
87903Telephone answering services
87904Duplicating services
87905Translation and interpretation services
87906Mailing list compilation and mailing services
94Sewage and refuse disposal, sanitation and other environmental protection services (except for refuse collection in the offices of covered entities)
97Other services (except for Codes: 97030 – Funeral, cremation and undertaking services and 97090 – Other services n.e.c.)
980Private households with employed persons
99Services provided by extraterritorial organizations and bodies

Notes to Section E:

1. Chapter 15 (Government Procurement) shall not apply to:

2. For CPC 75231, 75232, 84, commitments under Chapter 15 (Government Procurement) are available to a supplier of a Party who is, in case the procurement applies to enterprises, established and operates in Viet Nam under Vietnamese laws, or in case the procurement applies to an individual, an individual bearing Vietnamese nationality.

Section F: Construction Services

Chapter 15 (Government Procurement) shall cover all construction services procured by the entities listed in Section A and Section C listed in Division 51 of the United Nations Provisional Central Product Classification (CPC), except for the construction services excluded in the Schedule of the Party, subject to the Notes to the respective Sections, the General Notes, and the Notes to this Section.

Notes to Section F:

Chapter 15 (Government Procurement) shall not cover the procurement of:

1. dredging services;

2. construction in remote, mountainous and extremely difficult areas as stipulated in Viet Nam’s regulations and on islands located beyond Viet Nam’s territorial sea; or

3. construction of ministerial level headquarters.

Section G: General Notes

1. Chapter 15 (Government Procurement) shall not apply to:

2. For greater certainty,

Section H: Threshold Adjustment Formula

1. The thresholds shall be adjusted in every even-numbered year with each adjustment taking effect on January 1, beginning on January 1 of the first even-numbered year after the date of entry into force of this Agreement for Viet Nam.

2. Every two years, Viet Nam shall calculate and publish the value of the thresholds under Chapter 15 (Government Procurement) expressed in Viet Nam Dong. These calculations shall be based on the conversion rates published by the International Monetary Fund in its monthly International Financial Statistics.

3. The conversion rates shall be the average of the daily values of the Viet Nam Dong in terms of the Special Drawing Rights (SDR) over the two year period preceeding October 1 of the year before the adjusted thresholds are to take effect.

4. Viet Nam shall notify the other Parties of the current thresholds in Viet Nam Dong immediately after this Agreement enters into force for Viet Nam, and the adjusted thresholds in Viet Nam Dong thereafter in a timely manner.

5. Viet Nam shall consult if a major change in Viet Nam Dong relative to the SDR or to the national currency of another Party were to create a significant problem with regard to the application of Chapter 15 (Government Procurement).

Section I: Procurement Information

1. Notice of Intended Procurement is published in Viet Nam Public Procurement Newspaper(Báo Đấu thầu).

2. Viet Nam shall provide the address of website to publish procurement information after transitional period.

Section J: Transitional Measures

1. Notwithstanding the requirement in Article 15.7.2 (Notices of Intended Procurement), where notices of intended procurement are accessible by electronic means, they must be provided free of charge, Viet Nam may charge a fee for access to its notices of intended procurement, when these notices are accessible by electronic means, until Viet Nam’s e-procurement system is operational and Viet Nam has issued a legal measure requiring all of its Section A procuring entities to use the e-procurement system, provided that it complies with Article 15.4 (General Principles). During this transitional period, Viet Nam will periodically inform the Parties of the status of the development and implementation of its e-procurement system.

2. Notwithstanding the requirements in Article 15.7.3(g) and (h) (Notices of Intended Procurement) that a notice of intended procurement include a list and a brief description of any conditions for participation of suppliers and limitations on the number of qualified supplier to be invited to tender, Viet Nam may omit such information from its notices of intended procurement, until Viet Nam’s e-procurement system is operational and Viet Nam has issued a legal measure requiring all of its Section A procuring entities to use the e-procurement system. During this transitional period, Viet Nam shall provide such information in its tender documentation, provided that it complies with Article 15.4 (General Principles).

3. Notwithstanding the requirement in Article 15.14.3 (Time Periods) that a procuring entity provide 40 days for the final date for submission of tenders, Viet Nam may establish a final date for submission of tenders that is not less than 25 days from the date on which:

until Viet Nam’s e-procurement system is operational and Viet Nam has issued a legal measure requiring all of its Section A procuring entities to use the e-procurement system, or seven years after the date of entry into force of this Agreement for Viet Nam, whichever is earlier, provided that it complies with Article 15.4 (General Principles).

On request by Viet Nam, the Parties will give favourable consideration to the extension of the transitional period for up to a maximum of an additional three years period provided that Viet Nam has demonstrated concrete steps during the implementation period to comply with Article 15.14.3 (Time Periods).

4. Notwithstanding the requirements in Article 15.16.3(f) (Post-Award Information) that the post-award notice include a brief description of the circumstances justifying the use of a limited tendering procedure, Viet Nam may omit such information from post-award notices until Viet Nam’s e-procurement system is operational and Viet Nam has issued a legal measure requiring all of its Section A procuring entities to use the e-procurement system. During this period, Viet Nam shall provide such information to a Party on request.

5. Notwithstanding Article 15.19 (Domestic Review), Viet Nam may delay application of its obligations under Article 15.19 (Domestic Review) for three years after the date of entry into force of this Agreement for Viet Nam. During this period, Viet Nam shall allow suppliers of any Party to take complaints about the conduct of a covered procurement to the procuring entity, in accordance with the Public Procurement Law, provided that it complies with Article 15.4 (General Principles).

6. Notwithstanding Chapter 28 (Dispute Settlement), Viet Nam shall not be subject to dispute settlement with respect to its obligations under Chapter 15 (Government Procurement) for five years from the date of entry into force of this Agreement for Viet Nam. During this transitional period, Viet Nam shall enter into consultations with any Party that raises concerns with the implementation of its obligations.

7. Transitional thresholds are applied as provided for in Sections A and C.

Offsets

8. Notwithstanding Article 15.4.6 (General Principles), Viet Nam is allowed to seek, take account of, impose or enforce any form of offsets at any stage of a procurement as follows:

Date Modified: