Actual implementation of the Vietnam Japan Bilateral Investment Treaty
The Agreement
between Japan and Vietnam for the Liberalisation, Promotion and
Protection of Investment (the Vietnam-Japan BIT) has been signed for almost
nine years ago and will in fact be terminated by November 2013, if either
Vietnam or Japan has decided to terminate the agreement earlier month. But for
the first time since the signing of the Vietnam-Japan BIT, it appears that
Vietnamese licensing authorities have actively implemented the provisions of
the Vietnam Japan BIT.
Earlier
this month, the Ministry of Planning and Investment has instructed certain
provincial licensing authorities to allow Japanese investors to invest in service
sectors, which, in general, are not fully open to foreign investors under the commitments of Vietnam to the
WTO (such as logistics services and courier services) but
which are allowed under the Vietnam-Japan BIT. The relevant services include leasing
of machineries and equipment, educational supporting services, and special
design services. Notably, the instruction specifically invokes the National
Treatment principle provided to Japanese investors under the Vietnam Japan BIT.
This seems to be an encouraging sign for Japanese investors who intend to
invest in Vietnam.