Vietnam WTO Commitment for service sectors

November 20, 2012 Nguyen Quang Vu

Below is a table summarising certain market access commitments relating various service sectors of Vietnam to the World Trade Organisation (WTO). For ease of reference, I have calculated (1) all the timing commitments by Vietnam using the date that Vietnam joined WTO (i.e. 11 January 2007) and (2) all the foreign ownership limits applicable to the relevant service sectors. Reference to CPC number is reference to the Provisional Central Product Classification.

Sectors and sub-sectors

Foreign ownership limitation

1. BUSINESS SERVICES

A. Professional Services

(a) Legal services

(CPC 861, excluding:

- participation in legal proceedings in the capacity of defenders or representatives of their clients before the courts of Viet Nam;

- legal documentation and certification services of the laws of Viet Nam)

Unlimited

(b) Accounting and auditing and bookkeeping services (CPC 862)

Unlimited

(CPC 863)

Unlimited

(d) Architectural services

(CPC 8671)

Unlimited

(e) Engineering services

(CPC 8672)

(f) Integrated engineering services

(CPC 8673)

Unlimited

(g) Urban planning and urban landscape architectural services (CPC 8674)

· 99.99% until 11 January 2009

· Unlimited from 11 January 2009

(i) Veterinary services (CPC 932) [1]

Not clear

B. Computer and Related Services (CPC 841-845, CPC 849)

Unlimited

C. Research and Development Services

(a) R&D services on natural sciences (CPC 851)

Unlimited

E. Rental/Leasing Services without Operators

(b) Relating to aircraft (CPC 83104)

Unlimited

(d) Relating to other machinery and equipment (CPC 83109)

30%

F. Other Business Services

(a) Advertising services (CPC 871, excluding advertising for cigarettes)

· 51% until 1 January 2009

· Unlimited as from 1 January 2009

(b) Market research services (CPC 864, excluding 86402)

· 51% until 1 January 2009

· Unlimited as from 1 January 2009

Unlimited

(d) Services related to management consulting

- CPC 866, except CPC 86602

- Arbitration and conciliation services for commercial disputes between businesses

(CPC 86602**)

Unlimited, except 30% for Arbitration and conciliation services for commercial disputes between businesses (CPC 86602**) until 11 January 2010

(e) Technical testing and analysis services

(CPC 8676, excluding conformity testing of transport vehicles and certification of transport vehicles)

Not clear

(f) Services incidental to agriculture, hunting and forestry (CPC 881) [2]

51%

(h) Services incidental to mining (CPC 883)

1. The commitments specified hereunder are not understood to cover the following activities: supply of equipment, materials and chemicals, supply base services, offshore/marine support vessels, accommodation and catering, helicopter services.

2. The commitments specified hereunder are made without prejudice to the rights of the Government of Viet Nam to set out the necessary regulations and procedures to regulate the oil and gas related activities carried out within the territory or jurisdiction of Viet Nam in full conformity with the rights and obligations of Viet Nam under the GATS.

· 49% until 11 January 2010

· 51% from 11 January 2010 until 11 January 2012

· Unlimited as from 11 January 2012

(i) Services incidental to manufacturing (CPC 884 and 885)

· 30% until 11 January 2010

· 50% from 11 January 2010 to 11 January 2015

· Unlimited from 11 January 2015

(m) Related scientific and technical consulting services [3] (CPC 86751, 86752 and 86753 only)

· 49% until 11 January 2009

· 51% from 11 January 2009 to 11 January 2011

· Unlimited from 11 January 2011

(n) Maintenance and repair of equipment (not including maritime vessels, aircraft or other transport equipment)
(CPC 633)

· 49% until 11 January 2010

· 51% from 11 January 2010 to 11 January 2012

· Unlimited from 11 January 2012

2. Communication services

B. Courier Services (CPC 7512**)

* Express delivery services, [4] i.e. services consisting of collection, sorting, transport and delivery, whether for domestic or foreign destination, of:

(a) Written communication [5] , on any kind of physical medium, including:

- Hybrid mail service;

- Direct mail.

Except for the handling of items of written communication the price of which is less than:

- 10 times the tariff for the handling of a standard domestic letter in the first weight level for domestic shipments;

- US$9 for international shipments;

provided that the gross weight of these items is less than 2,000 grams.

(b) Parcels [6] and other goods.

* Handling of non-addressed items.

· 51% until 11 January 2012

· Unlimited from 11 January 2012

c. Telecommunication Services

For the purpose of these commitments, a "non-facilities based service supplier" means a service supplier which does not own transmission capacity but contracts for such capacity including submarine cable capacity, including on a long-term basis, from a facilities-based supplier. A non facilities-based supplier is not otherwise excluded from owning telecommunications equipment within their premises and permitted public service provision points (POP).

Basic telecommunication services

(a) Voice telephone services (CPC 7521)

(b) Packet-switched data transmission services (CPC 7523**)

(d) Telex services (CPC 7523**)

(e) Telegraph services (CPC 7523**)

(f) Facsimile services (CPC 7521** + 7529**)

(g) Private leased circuit services (CPC 7522** + 7523**)

(o*) Other services:Videoconference services

(CPC 75292); Video Transmission services, excluding broadcasting; [7] Radio based services includes: Mobile telephone (terrestrial and satellite), Mobile data (terrestrial and satellite), Paging, PCS, Trunking; Internet Exchange Service (IXP) [8]

Non facilities-based services:

· 51% until 11 January 2010

· 65% from 11 January 2010

Facilities-based services: 49%

Basic telecommunication services:

(o*) Other services

- Virtual Private Network (VPN) [9]

Non facilities-based services: 70%

Facilities-based services: 49%

Value-added services

(h) Electronic mail (CPC 7523 **)

(i) Voice mail (CPC 7523 **)

(j) On-line information and database retrieval (CPC 7523**)

(k) Electronic data interchange (EDI) (CPC 7523**)

(l) Enhance/value-added facsimile services, incl store and forward, store and retrieve (CPC 7523**)

(m) Code and protocol conversion

(n) On-line information and data processing (incl. transaction processing)

(CPC 843**)

Non facilities-based services:

· 51% until 11 January 2010

· 65% from 11 January 2010

Facilities-based services: 50%

Value added services

(o) Other

16 Services providing internet access to the end users

- Internet Access Services IAS [10]

Non facilities-based services:

· 51% until 11 January 2010

· 65% from 11 January 2010

Facilities-based services: 50%

D. Audiovisual Services

With regard to motion picture production, distribution and projection services, all films must have their content censored by Viet Nam's competent authorities.

(a) Motion picture production (CPC 96112, excl. video tape)

51%

- Motion picture distribution (CPC 96113, excl. video tape)

51%

(b) Motion picture projection service (CPC 96121)

51%

(e) Sound recording

30%

3. Construction and related engineering services

A. General construction work for building (CPC 512)

B. General construction work for civil engineering

(CPC 513)

C. Installation and assembly work (CPC 514, 516)

D. Building completion and finishing work

(CPC 517)

E. Other (CPC 511, 515, 518)

Unlimited

4. distribution services

Measures applicable to all sub-sectors in Distribution Services:

Cigarettes and cigars, books, newspapers and magazines, video records on whatever medium, precious metals and stones, pharmaceutical products and drugs, [11] explosives, processed oil and crude oil, rice, cane and beet sugar are excluded from the commitments.

A. Commission agents' services (CPC 621, 61111, 6113, 6121)

B. Wholesale trade services (CPC 622, 61111, 6113, 6121)

C. Retailing services (CPC 631 + 632, 61112, 6113, 6121) [12]

· 99.99% until 1 January 2009

· Unlimited as from 1 January 2009

D. Franchising services (CPC 8929)

· 99.99% until 1 January 2009

· Unlimited as from 1 January 2009

5 educationAL services

Only in technical, natural sciences and technology, business administration and business studies, economics, accounting, international law and language training fields.

B. Secondary education services (CPC 922)

30%

C. Higher education services (CPC 923)

D. Adult education (CPC 924)

E. Other education services (CPC 929 including foreign language training)

· 99.99% until 1 January 2009

· Unlimited from 1 January 2009

6. ENVIRONMENTAL SERVICES

A. Sewage Services (CPC 9401)

· 51% until 11 January 2011

· Unlimited from 11 January 2011

B. Refuse disposal services (CPC 9402)

· 51% until 11 January 2011

· Unlimited from 11 January 2011

D. Other services

- Cleaning services of exhaust gases (CPC 94040) and noise abatement services (CPC 94050)

· 51% until 11 January 2011

· Unlimited from 11 January 2011

- Environmental impact assessment services
(CPC 94090*)

· 51% until 11 January 2011

· Unlimited from 11 January 2011

7. FINANCIAL SERVICES

A. Insurance and Insurance-Related Services

a. Direct insurance

(a) Life insurance, excl. health insurance services

(b) Non-life insurance services

b. Reinsurance and retrocession

c. Insurance intermediation (such as brokerage and agency)

d. Services auxiliary to insurance (such as consultancy, actuarial, risk assessment and claim settlement)

Unlimited

B. Banking and Other Financial Services

(a) Acceptance of deposits and other repayable funds from the public

(b) Lending of all types

(d) All payment and money transmission services,

(e) Guarantees and commitments

(f) Trading for own account or for account of customers

(h) Money broking

(i) Asset management, such as cash or portfolio management, all forms of collective investment management, pension fund management, custodial, depository and trust services

(j) Settlement and clearing services for financial assets

(k) Provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services

(l) Advisory, intermediation and other auxiliary financial services on all activities listed in subparagraphs from (a) to (k), including credit reference and analysis, investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy

· 30% for joint stock banks

· Not clear for finance companies and finance-leasing companies

C. Securities

(f) Trading for own account or for account of customers

(g) Participation in issues of all kinds of securities incl. under-writing and placement as an agent (publicly or privately), provision of services related to such issues

(i) Asset management, such as portfolio management, all forms of collective investment management, pension fund management, custodial depository and trust services

(j) Settlement and clearing services for securities, derivative products, and other securities-related instruments

(k) Provision and transfer of financial information, and related software by suppliers of securities services

(l) Advisory, intermediation and other auxiliary securities-related excluding (f), including investment and portfolio research and advice, advice on acquisitions and on corporate restructuring and strategy (for other services under (l), refer to (l) under banking sector)

· 49% until 11 January 2012

· Unlimited from 11 January 2012

8. health related and social services

A. Hospital services (CPC 9311)

B. Medical and dental services (CPC 9312)

Unlimited

9. tourism and TRAVEL related services

A. Hotel and restaurant including (1) Lodging services (CPC 64110); (2) Catering food (CPC 642) and (3) drink services (CPC 643)

Unlimited

B. Travel agencies and tour operator services

(CPC 7471)

99.99%

10. recreational, cultural and sporting services

A. Entertainment services
(including theatre, live bands and circus services)

(CPC 9619)

· 30% until 11 January 2012

· 49% from 11 January 2012

D. Other

Electronic games business (CPC 964**)

49%

11. Transport SERVICES

A. Maritime Transport Services

(a) Passenger transportation less cabotage(CPC 7211)

(b) Freight transportation less cabotage (CPC 7212)

(a) Companies established the purpose of operating a fleet under the national flag of Viet Nam:

· 30% until 11 January 2009

· 49% from 11 January 2009

(b) Other forms of commercial presence for the supply of international maritime transport services [13] :

· 51% until 11 January 2012

· Unlimited from 11 January 2012.

Maritime Auxiliary Services

- Container handling services
(CPC 7411) [14]

50%

- Customs Clearance Services [15]

· 51% until 11 January 2012

· 99.99 from 11 January 2012

- Container Station and Depot Services [16]

· 51% until 11 January 2014

· Unlimited from 11 January 2014

B
. Internal Waterways Transport

(a) Passenger transport (CPC 7221)

(b) Freight transport (CPC 7222)

49%

C.
Air Transport Services

(a) Sales and marketing air products services

30%

(b) Computer reservation services

Unlimited

· 51% until 11 January 2012

· Unlimited from 11 January 2012

E. Rail Transport Services

(a) Passenger transportation (CPC 7111)

(b) Freight transportation (CPC 7112)

49% for freight transportation.

F. Road Transport Services

(a) Passenger transportation (CPC 7121+7122)

(b) Freight transportation (CPC 7123)

· 49% until 11 January 2010

· may be 51% from 11 January 2010 [17]

H. Services Auxiliary to all Modes of Transport

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

50%.

(b) Storage and warehouse services (CPC 742)

· 51% until 11 January 2014

· Unlimited from 11 January 2014

(d) Other (part of CPC 749) [19]

· 49% until 11 January 2010

· 51% from 11 January 2010 to 11 January 2014

· 99.99% from 11 January 2014

[1] Excluding keeping micro-organism strain for veterinary.

[2] Excluding services relating to investigation, evaluation and exploitation for natural forest including exploitation of woods and wild, rare and precious animals hunting and trapping, aerial photographing, aerial seed planting and aerial chemicals spraying and dusting, micro-bial plant, animal genetic resource in agriculture. For the avoidance of ambiguity, animal husbandry and the improvement of breeding stock are included in this commitment.

[3] The supply of services related to prospecting, surveying, exploration and exploitation is subject to the applicable laws and regulations of Viet Nam.

[4] Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection from point of origin, personal delivery to addressee, tracing and tracking, possibility of changing the destination and address in transit, confirmation of receipt.

[5] Written communication includes letters, postcards, hand writings, or printed matters such as books, newspapers, periodicals, magazines, or commercial documents such as bills and invoices, etc.

[6] Books, catalogues are included hereunder.

[7] Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme signals to the general public, but does not cover contribution links between operators.

[8] Services providing internet access service (IAS) suppliers with connection between them and to the international Internet backbone.

[9] Services, provided on commercial terms, establishing and managing a private network over public (shared) networks for the purpose of carrying out, on a non-profit basis, voice and data telecommunications between members of a closed user group defined prior to the creation of the VPN. Such group may include a corporate group or organization, or a group of legal entities with an established relationship affiliated through the pursuit of a common interest. Initial members of a closed user group using VPN service must be listed in a dialling or routing plan approved by the Competent Authority and subject to its oversight. VPN service suppliers shall notify to the Competent Authority changes of membership at least two working weeks prior to actually commencing commercial service and can commence commercial service provided that no objection from the Competent Authority is issued during these two weeks. Members are not allowed to resell VPN services to unaffiliated third parties. Virtual private networks are not allowed to carry/transfer traffic of/between unaffiliated third parties. VPN services can be offered by licensed foreign-invested service suppliers bundled with Internet access service and value-added services from (h) to (n).

[10] Services providing internet access to the end users.

[11] For the purposes of this schedule "pharmaceuticals and drugs" do not include non-pharmaceutical nutritional supplements in tablet, capsule or powdered form.

[12] For transparency purposes, this commitment includes multi-level sales by properly trained and certified Vietnamese individual commission agents away from a fixed location for which remuneration is received both for the sales effort and for sales support services that result in additional sales by other contracted distributors.

[13] "Other forms of commercial presence for the supply of international maritime transport services" means the ability for foreign shipping companies to undertake locally activities which are related to the cargoes carried by them and necessary for the supply of the integrated transport service to their customers, within which the international maritime transport constitutes a substantial elements and is supplied by the concerned foreign shipping company.

[14] Public utility concession or licensing procedures may apply in case of occupation of the public domain.

[15] "Customs clearance services" (alternatively "customs house brokers’ services") means activities consisting in carrying out on behalf of another party customs formalities concerning import, export or through transport of cargoes, whether this service is the main activity of the service provider or a usual complement of its main activity.

[16] "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, with a view to their stuffing/stripping, repairing and making them available for shipments.

[17] subject to the needs of the market

[18] Including freight forwarding services. These services mean the activities consisting of organizing and monitoring shipment operations on behalf of shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.

[19] Include the following activities: bill auditing; freight brokerage services; freight inspection, weighing and sampling services; freight receiving and acceptance services; transportation document preparation services. These services are provided on behalf of cargo owners.