Implementation of international investment treaties in Vietnam

Under Decree 118/2015, if a foreign investor is subject to multiple international treaties on the same industry or business line then the foreign investor is entitled to select one of the applicable international treaty. And if the foreign investor has selected to follow one international treaty then the investor will need to comply the provisions of such international treaty as a whole. In other words, under Decree 118/2015, a foreign investor may not be able to cherry pick the most favourable provisions of different international treaties in its favour.

WTO And TPP – A Comparison of Vietnam’s Commitments Regarding Investment In Financial Services

The table below tries to compare the existing commitments of Vietnam under WTO Agreement with the commitments under TPP for financial services. This post is contributed by Tran Thi Thu Thao, a VILAF associate. Pdf version of the table can be downloaded here.

Notes:

  • No limitation means no limits on national treatments in terms of foreign ownership, form of investment or other restriction.
  • Branch is generally not allowed unless otherwise indicated.
  • Share acquisition is generally allowed with no foreign ownership limitation for committed sectors and sub-sectors unless otherwise indicated.
  • Underlined words indicate new commitment under TPP. 

 

WTO and TPP – A comparison of Vietnam’s commitments regarding investment in service sectors

The full text of the Trans-Pacific Partnership Agreement (TPP) has just been made available for public information. The table below tries to compare the existing commitments of Vietnam under WTO Agreement with the commitments under TPP for certain service sectors. Pdf version of the table can be downloaded here.