Consolidated TPP Text – Annex I – Schedule of the Viet Nam

Introductory Notes

1. Description sets out the non-conforming measure for which the entry is made.

2. In accordance with Article 9.12 (Non-Conforming Measures) and Article 10.7 (Non-Conforming Measures), the articles of this Agreement specified in the Obligations Concerned element of an entry do not apply to the non-conforming measures identified in the Description element of that entry.

3. Classification numbers, where referenced in the Sub-Sector element, refers to the activity covered by the non-conforming measure according to the provisional CPC codes as used in the Provisional Central Product Classification (Statistical Papers Series M No. 77, Department of International Economic and Social Affairs, Statistical Office of the United Nations, New York, 1991).

Sector:

Professional Services

Sub-Sector:

Legal Services (CPC 861)

Obligations Concerned:

National Treatment (Article 9.4 and Article 10.3)

Level of Government:

Central

Measures:

Law No 20/2012/QH13 amending the Law on Lawyers No. 65/2006/QH11 dated 29 June 2006

Description:

Investment and Cross-Border Trade in Services

Foreign lawyers organisationsFootnote 1 and foreign lawyers may provide legal services in Viet Nam, through the following forms:

These entities are not allowed to:

Foreign lawyers practising law in Viet Nam are not permitted to advise on Vietnamese law unless they have graduated from a Vietnamese law college and satisfy requirements applied to like Vietnamese lawyers. They are not allowed to defend or represent clients before the courts of Viet Nam.

Sector:

Professional Services

Sub-Sector:

Auditing services (CPC 862)

Obligations Concerned:

Local Presence (Article 10.6)

Level of Government:

Central

Measures:

Decree No. 17/2012/ND-CP dated 13 March 2012

Description:

Cross-Border Trade in Services

Foreign services suppliers are not permitted to supply auditing services unless they meet the requirements of local presence in Viet Nam.

Sector:

Professional Services

Sub-Sector:

Veterinary services (CPC 932)

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment

Foreign investment to supply veterinary services may not be permitted in Viet Nam unless such services are supplied by natural persons in the form of private professional practice.

Sector:

Distribution services

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Decree No. 23/2007/ND-CP dated 12 February 2007

Circular No. 09/2007/TT-BTM dated 17 July 2007

Circular No. 05/2008/TT-BCT dated 14 April 2008

Decision No. 10/2007/QD-BTM dated 21 May 2007

Description:

Investment

The establishment of outlets for retail services (beyond the first one) shall be allowed on the basis of an Economic Needs Test (ENT).

Applications to establish more than one outlet shall be subject to pre-established publicly available procedures, and approval shall be based on objective criteria. The main criteria of the ENT include the number of existing service suppliers in a particular geographic area, the stability of market and geographic scale.

The establishment of outlets for retail services with area of less than 500 square metres in areas that are planned for commercial activities by the People’s Committee of cities and provinces, and on which the construction of infrastructure has been finished, is not subject to the ENT requirement.

Five years after the date of entry into force of this Agreement for Viet Nam, the ENT shall be removed and this entry shall no longer have effect.

Sector:

Other Business Services

Sub-Sector:

Technical testing and analysis services (CPC 8676)

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Decree No. 140/2007/ND-CP dated 5 September 2007

Description:

Investment

Where Viet Nam allows private suppliers of technical testing and analysis services access to a sector previously closed to private sector competition on the grounds that these services had been supplied in the exercise of governmental authority, such services shall be allowed without limitation on foreign ownership five years after such access to private sector competition is allowed.

Sector:

Other Business Services

Sub-Sector:

Services incidental to agriculture, hunting and forestry (CPC 881)

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment

Foreign investment to supply services incidental to agriculture, hunting and forestry may not be supplied except through a business cooperation contract, a joint venture or the purchase of shares in a Vietnamese enterprise. In the case of a joint venture or the purchase of shares in an enterprise, foreign equity shall not exceed 51 per cent.

Sector:

Telecommunications Services

Sub-Sector:

Basic services

Value-added services

Obligations Concerned:

National Treatment (Article 9.4 and Article 10.3)

Level of Government:

Central

Measures:

Administrative measures

Description:

Cross-Border Trade in Services

Satellite-based services:

Foreign service suppliers are not allowed to supply satellite-based services unless the services are offered through commercial arrangements with Vietnamese international satellite service suppliers duly licensed in Viet Nam, except satellite-based services offered to off-shore/on sea based business customers, government institutions, facilities-based service suppliers, radio and television broadcasters, official international organisations’ representative offices, diplomatic representatives and consulates, high tech and software development parks and multinational companiesFootnote 3 that are licensed to use satellite-earth stations.

Investment

Sector:

Audio-visual Services

Sub-Sector:

Motion picture production (CPC 96112)

Motion picture distribution (CPC 96113)

Motion picture projection service (CPC 96121)

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment

Foreign investment to provide motion picture production, distribution and projection services may not be permitted except through a business cooperation contract or a joint venture with a Vietnamese partner legally authorised to provide such services, or the purchase of shares in a Vietnamese enterprise legally authorised to provide such services. In the case of a joint venture or the purchase of shares in an enterprise, foreign equity shall not exceed 51 per cent.

For motion picture projection service, foreign organisations and individuals are not permitted to engage in business cooperation contract or joint-venture with Viet Nam’s houses of culture, public cinema clubs and societies, mobile projection teams, or owners or operators of temporary film-projection locations.

Sector:

Audio-visual Services

Sub-Sector:

Obligations Concerned:

Performance Requirement (Article 9.10)

Level of Government:

Central

Measures:

The Law on Cinemamatography 2006, Law No. 62/2006/QH11

The Law Amending and Supplementing A Number of Articles on the Law of Cinematography 2009, Law No. 31/2009/QH12

Decree No 54/2010/NĐ-CP dated 21 May 2010

Description:

Investment

Cinemas must screen Vietnamese films on the occasion of major anniversaries of the country.

The ratio of screening Vietnamese films to total films shall not be less than 20 per cent on an annual basis. Cinemas should show at least one Vietnamese film between the hours of 18:00 and 22:00.

Sector:

Educational Services

Sub-Sector:

Higher education services (CPC 923)

Adult education (CPC 924)

Other education services (CPC 929 including foreign language training)

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment

Foreign investment to supply educational services in the following fields of study is not permitted: national security, defence, political science, religion, Vietnamese culture and other fields of study necessary to protect Vietnamese public morals. This limitation shall not prevent the supply of educational services in fields of study where Viet Nam is bound under any other trade agreement.

Sector:

Tourism and travel related services

Sub-Sector:

Travel agencies and tour operator services (CPC 7471)

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment

Only foreign investment to supply inbound services and domestic travel for inbound tourists as an integral part of inbound services is permitted.

Sector:

Recreational, Cultural and Sporting Services

Sub-Sector:

Entertainment services (including theatre, live bands and circus services) (CPC 9619)

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment

Foreign investment to provide entertainment services covered by CPC 9619 (including theatre, live bands and circus services) may not be supplied except through a joint venture or the purchase of shares in a Vietnamese enterprise with foreign equity not exceeding 49 per cent. Three years after the date of entry into force of this Agreement, a joint venture or purchase of shares in a Vietnamese enterprise with foreign equity not exceeding 51 per cent shall be permitted.

Sector:

Recreational, Cultural and Sporting Services

Sub-Sector:

Electronic games business

Obligations Concerned:

National Treatment (Article 9.4 and Article 10.3)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment and Cross-Border Trade in Services

Foreign investment to supply electronic games services may not be supplied except through a business cooperation contract or a joint venture with Vietnamese partner authorised to supply such services or the purchase of shares in a Vietnamese enterprise authorised to supply such services. In case of a joint venture or the purchase of shares in an enterprise, foreign equity shall not exceed 49 per cent.

No later than two years after the date of entry into force of this Agreement, Viet Nam shall permit 51 per cent foreign investment in electronic game services offered over the Internet. Five years after the date of entry into force of this Agreement, Viet Nam shall impose no limitations on foreign equity.

For greater certainty, the absence of an entry against the cross-border services obligations does not preclude Viet Nam from ensuring that the cross-border supply of electronic games services complies with Viet Nam’s laws and regulations, including applicable registration and licensing requirements.

Sector:

Maritime Transport Services

Sub-Sector:

Passenger transportation (CPC 7211)

Freight transportation (CPC 7212)

Obligations Concerned:

National Treatment (Article 9.4)

Senior Management and Boards of Directors (Article 9.11)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment

Foreign investment to supply maritime passenger and freight transportation services under the national flag of Viet Nam may not be supplied except through a joint venture or the purchase of shares in a Vietnamese enterprise, with foreign equity not exceeding 49 per cent. In addition, foreign seafarers may not exceed one-third of total employees of the ships. The Master or first chief executive must be a Vietnamese citizen.

Sector:

Services auxiliary to all modes of transport

Sub-Sector:

Container handling services, except services provided at airports (CPC 7411)

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Decree No. 140/2007/ND-CP dated 5 September 2007

Administrative measures

Description:

Investment

Foreign investment to supply container handling services may not be supplied except through a joint venture or the purchase of shares in a Vietnamese enterprise, with foreign equity not exceeding 50 per cent.

Sector:

Maritime Auxiliary Services

Sub-Sector:

Shipping agency services

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Decree No. 115/ND-CP dated 5 July 2007

Admistrative measures

Description:

Investment

Foreign investment to supply shipping agency services may not be supplied except through a joint venture or the purchase of shares in a Vietnamese enterprise, with foreign equity not exceeding 49 per cent.

Sector:

Internal Waterways Transport

Sub-Sector:

Passenger transport (CPC 7221)

Freight transport (CPC 7222)

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Decree No. 140/2007/ND-CP dated 5 September 2007

Administrative measures

Description:

Investment

Foreign investment to supply internal waterway transport services may not be supplied except through a joint venture with a Vietnamese partner or the purchase of shares in a Vietnamese enterprise, with foreign equity not exceeding 49 per cent.

Sector:

Rail Transport Services

Sub-Sector:

Passenger transportation (CPC 7111)

Freight transportation (CPC 7112)

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Decree No. 140/2007/ND-CP dated 5 September 2007

Administrative measures

Description:

Investment

Foreign investment to supply rail freight transport services may not be supplied except through a joint venture or the purchase of shares in a Vietnamese enterprise, with foreign equity not exceeding 49 per cent.

Foreign investment to supply passenger rail transport services is not permitted.

Sector:

Road Transport Services

Sub-Sector:

Passenger transportation (CPC 7121 and 7122)

Freight transportation (CPC 7123)

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Decree No. 140/2007/ND-CP dated 5 September 2007

Administrative measures

Description:

Investment

Foreign investment to supply road passenger and freight transport services may not be supplied except through a business cooperation contract, a joint-venture or the purchase of shares in a Vietnamese enterprise, with foreign equity not exceeding 49 per cent.

In the case of road freight transport services, subject to the needs of the marketFootnote 5, the foreign equity limitation may be raised to but shall not exceed 51 per cent.

100 per cent of joint venture drivers shall be Vietnamese citizens.

Sector:

Manufacturing

Sub-Sector:

Aircraft manufacture industry

Manufacture of railway rolling stock, spare parts, wagon and coach

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment

Foreign investment in the manufacture of aircraft, railway rolling stock, spare parts, wagon and coach may not be permitted except through a joint venture or the purchase of shares in Vietnamese enterprise, with foreign equity not exceeding 49 per cent.

Sector:

All

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Law No. 45/2013/QH13 on Land dated 29 November 2013 and the relevant regulations

Description:

Investment

Foreign organisations, individuals and foreign invested enterprises may only acquire and use land-use rights in Viet Nam in accordance with the Law on Land.

Sector:

Power Development

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment

Foreign investment to own or operate power transmission facilities in Viet Nam may not be permitted.

Viet Nam Electricity Corporation (EVN) is currently the sole authorised owner and operator of power transmission facilities in Viet Nam.

Sector:

All

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment

Foreign investment to establish a commercial presence in the form of a branch may not be permitted, except for the following sectors and sub-sectors:

For greater certainty, and consistent with Article 9.12.1(c) (Non-Conforming Measures), the removal of a branching restriction in a sector or sub-sector does not require the removal of a branching restriction in all sectors.

Sector:

Import/Export Services

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Admininistrative measures

Description:

Investment

Foreign investment in state-trading enterprises of Viet Nam that import certain tobacco products, oil products, publications, recorded media, aircraft and aircraft parts, as specified in Table 8(c) of the Report of the Working Party on the Accession of Viet Nam in the WTO may not be permitted.

For greater certainty, and consistent with Article 9.12.1(c) (Non-Conforming Measures), the liberalisation of a state-trading enterprise does not require the liberalisation of all state-trading enterprises.

Sector:

Geodesy and Cartography

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Decree No. 12/2002/ND-CP dated January 22, 2002

Description:

Investment

Foreign organisations and individuals carrying out, directly or in cooperation with domestic organisations, geodesic and cartographic activities in Viet Nam must have their geodesic and cartographic projects approved by competent State bodies and be granted permits for geodesic and cartographic activities.

After completing the geodesic and cartographic projects, the project investors must submit one copy of the results to the State management agency in charge of geodesy and cartography.

Sector:

Recreational, cultural and sporting services

Sub-Sector:

Amusement parks

Obligations Concerned:

National Treatment (Article 9.4)

Most-Favoured-Nation Treatment (Article 9.5)

Performance Requirements (Article 9.10)

Senior Management and Boards of Directors (Article 9.11)

Level of Government:

Central

Measures:

Administrative measure

Description:

Investment

Foreign investment of less than USD 1 billion in building and managing theme parks or amusement parks shall not be accepted unless the Vietnamese competent authorities advise the applicant that the investment is likely to be of net benefit to Viet Nam. This determination is made in accordance with the following factors:

Investments greater than USD 1 billion are not subject to this determination.

Sector:

Financial services provided by non-financial institutions, excluding the provision and transfer of financial information and advisory financial services

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

All existing non-conforming measures

Description:

Investment

All existing non-conforming measures at the central level of government.

Sector:

Manufacture of tobacco products, including cigars and cigarettes

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Decree No. 67/2013/ND-CP dated June 26, 2013

Description:

Investment

Foreign investment in manufacturing of tobacco products, including cigars and cigarettes, is not allowed, except through a joint venture or the purchase of shares in a Vietnamese enterprise with foreign equity not exceeding 49 per cent.

Sector:

Services incidental to energy distribution (CPC 887)

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4 and Article 10.3)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment and Cross-Border Trade in Services

Foreign services suppliers are not allowed to supply services incidental to energy distribution. Foreign investment in these services is not permitted.

Sector:

Mining

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4)

Most-Favoured-Nation Treatment (Article 9.5)

Performance Requirements (Article 9.10)

Senior Management and Boards of Directors (Article 9.11)

Level of Government:

Central

Measures:

Administrative measures

Description:

Investment

Foreign investment in exploitation of minerals shall not be accepted unless the Vietnamese competent authorities advise the applicant that the investment is likely to be of net benefit to Viet Nam. In making this determination, the competent authority may consider the following factors:Footnote 6

Sector:

Oil and Gas

Sub-Sector:

Oil and gas exploration, prospecting and exploitation

Obligations Concerned:

National Treatment (Article 9.4)

Most-Favoured-Nation Treatment (Article 9.5)

Performance Requirements (Article 9.10)

Level of Government:

Central

Measures:

The Petroleum Law 1993

The 2000 Law No.19/2000/QH10 Amending and Supplementing a Number of Articles of the Petroleum Law 1993

The 2008 Law No.10/2008/QH12 Amending and Supplementing a Number of Articles of the Petroleum Law 1993, which was amended and supplemented under Law 19/2000/QH10 Amending and Supplementing a Number of Articles of the Petroleum Law

Description:

Investment

Viet Nam Oil and Gas Group (PETROVIETNAM) is the sole authorised company with respect to oil and gas exploration, prospecting and exploitation. A contract with PETROVIETNAM is required for oil and gas activities in Viet Nam. Sub-contracts may be awarded to foreign contractors, but priority may be given to Vietnamese organisations and individuals.

The execution of oil and gas contracts and their transfer to another entity must be approved by the Prime Minister.

In special casesFootnote 7, the following matters are also subject to the Prime Minister’s approval: (i) the extension of the prospecting period or the term of an oil and gas contract; and (ii) the suspension time limit, not to exceed three years, in cases where the parties to an oil and gas contract negotiate to suspend the execution of a number of rights and obligations under an oil and gas contract when circumstances do not allow for prompt execution of the contract.

PETROVIETNAM has the preemptive right to buy part or all of an oil and gas contract to be transferred.

Foreign investors may only supply flight operation services for oil and gas activities through joint venture contracts with Vietnamese companies.

Sector:

Business Services

Sub-Sector:

Asset appraisal

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Decree No. 89/2013/NĐ-CP dated August 6, 2013 promulgating the implementation of some articles of the Law on Price on price appraisal

Description:

Investment

Foreign organisations may not supply asset appraisal services except:

Foreign individuals are not permitted to supply asset appraisal services.

Sector:

Real Estate

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Law No. 66/2014/QH13 dated November 25, 2014 on Real Estate Business

Description:

Investment

With respect to the construction, lease, purchase, lease-purchase and transfer of real estate properties, the Law on Real Estate Business provides more limited rights to foreign entities than Vietnamese entities. Foreign invested enterprises may only:

For greater certainty, foreign invested enterprises may also supply real estate brokerage services, real estate exchange floors, real estate consulting services and real estate management services, with respect to both residential and commercial real estate.

For greater certainty, foreign invested enterprises, foreign individuals and organisations are only allowed to carry out the activities enumerated above.

Sector:

Security Systems Services

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Decree No. 52/2008/ND-CP dated 22 April, 2008 on management of security service business

Description:

Investment

Foreign investment is not permitted except through a joint venture with foreign equity not exceeding 49 per cent.

Foreign enterprises may not supply security system services unless they are enterprises with expertise in the security system service business, have capital amounts and total asset value of USD 500,000 or more, have operated for five consecutive years or more, and have not violated the laws of the home or relevant countries. Foreign individuals are not permitted to supply security system services.

Foreigners may not be employed as security personnel.

Sector:

Air Transportation, including domestic and international air transportation services

Sub-Sector:

Obligations Concerned:

National Treatment (Article 9.4)

Senior Management and Boards of Directors (Article 9.11)

Level of Government:

Central

Measures:

Decree No. 30/2013/ND-CP dated 8 April 2013

Description:

Investment

Aggregate foreign capital contribution or equity is restricted to no more than 30 per cent of chartered capital or shares of a Vietnamese airline. A Vietnamese individual or legal person who is not a foreign invested enterprise must hold the largest percentage of chartered capital or shares in the airline.

At least two-thirds of the total members of the executive board of a foreign invested airline established in Viet Nam must be Vietnamese. The Director General (or Director) and the legal representative of a foreign invested airline established in Viet Nam must be Vietnamese.

Sector:

Education Services

Sub-Sector:

Primary education services

Secondary education services

Obligations Concerned:

National Treatment (Article 9.4)

Level of Government:

Central

Measures:

Decree No.73/2012/ND-CP dated 26 September 2012

Description:

Investment

Foreign investment in the above-mentioned services is not permitted except through:

The compulsory education institutions may enrol Vietnamese students, but the number of Vietnamese students in primary schools and middle schools shall not exceed 10 per cent of the total number of students, and that in high schools shall not exceed 20 per cent of the total number of students.

Date Modified: