VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
II. SPECIFIC COMMITMENTS
BUSINESS SERVICES
A. Professional Services
Legal service, excluding: (1) None (1) None
- participation in legal proceedings
in the capacity of defenders or (2) None (2) None
representatives of their clients
before the courts of Viet Nam; (3) Foreign lawyers organisation1 are (3) None
- legal documentation and permitted to establish commercial
certification services of the laws presence in Viet Nam in the following
of Viet Nam) forms:
(CPC 861) a) Branches of foreign lawyers
organisations;
b) Subsidiaries of foreign lawyers
organisations;
c) Foreign law firms2;
d) Partnership between foreign
lawyer organisations and
Vietnam's law partnerships.
Commercial presences of foreign
lawyer’s organisations are permitted
to make consultations on
Vietnamese laws if the consulting
lawyers have graduated from a
Vietnamese law college and satisfy
requirements applied to like
Vietnamese law practitioners.

1
A "foreign lawyers organisation" is an organisation of practicing lawyers established in any commercial corporate form in foreign countries (including firms, companies, corporations, etc.) by one or
more foreign lawyers or law firms. Foreign lawyers organisations are themselves responsible for their activities before the law of Vietnam
2
A foreign law firm is an organisation of practicing lawyers established in Viet Nam by one or more foreign lawyers organisations under regulations of Vietnam. Foreign law firms are themselves
responsible for their activities before the law of Vietnam
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Accounting and auditing and (1) None (1) None
bookkeeping services (CPC 862)
(2) None (2) None

(3) None (3) None

Taxation Services (1) None (1) None

(CPC 863)
(2) None (2) None

(3) None (3) None

Architectural Services. (1) None (1) None

(CPC 8671)
(2) None (2) None

(3) None (3) None

 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Engineering Services. (1) None (1) None
(CPC 8672)
(2) None (2) None
Integrated engineering services
(CPC 8673) (3) None (3) None, except:
The supply of services related to
topographical, geotechnical, hydro
geological and environmental
surveys and technical surveys for
urban-rural development planning,
sectoral development planning are
subject to the authorisation of the
Government of Viet Nam3.

3 For greater transparency, this commitment allows the maintenance or adoption of limitations or restrictions for national security and public order reasons

that would be justified under Article XIV and Article XIV bis of the GATS.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Urban planning and urban landscape (1) None (1) None
architectural services
(CPC 8674) (2) None (2) None

(3) None (3) None

In some areas, subject to the

regulations of the Government of
Viet Nam for national security and
social stability purposes, foreign
service suppliers may not be
permitted to provide this service4.

4 For greater transparency, this commitment allows the maintenance or adoption of limitations or restrictions for national security and public order reasons

that would be justified under Article XIV and Article XIV bis of the GATS.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Computer and Related Services (1) None (1) None
(CPC 841 – 845 + 849)
(2) None (2) None

(3) None, branching is allowed. (3) None

C. Research &Development (1) None (1) None

Services
(2) None (2) None
R&D services on natural sciences
(CPC 851) (3) None (3) None

(1) None (1) None

R&D services on social sciences and
humanities (CPC 852) (2) None (2) None

Interdisciplinary R&D services (CPC (3) None, except that joint ventures with (3) None
853) foreign capital contribution not
exceeding 70% can be established
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
D. Real Estate Services (1) None (1) None

Renting or leasing services involving (2) None (2) None

own or leased residential property
(CPC 82101)5 (3) None (3) None

Renting or leasing services involving

own or leased non-residential
property (CPC 82102)
(1) None (1) None
Residential property management
services on a fee or contract basis6 (2) None (2) None
(CPC 82201)
(3) None (3) None
Non-Residential property
management services on a fee or
contract basis7 (CPC 82202)

5 Including houses, flats, apartments buildings which are used for residential purposes and others that are not prohibited by laws and should be complied with the signed contract.
6
Including activities, whereby an organization or a person involved in residential property service business is authorized by the owner and/or user of the residential properties (including single
dwelling houses, town houses, multi-unit apartment buildings, or multiple use buildings which are primarily residential.) through a contract, to conduct the maintenance, operation and exploitation
(including sale, renting, leasing or appraising...) of residential properties
7
Including activities, whereby an organization or a person involved in non-residential property service business is authorized by the owner and/or user of the non-residential properties (including
single dwelling houses, town houses, multi-unit apartment buildings, or multiple use buildings which are primarily non-residential.) through a contract, to conduct the maintenance, operation and
exploitation (including sale, renting, leasing or appraising...) of non-residential properties
Property management services concerning agricultural, forest and similar properties on a fee or contract basis are excluded.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
E. Rental/Leasing Services without (1) None (1) None The equipment to be
Operator brought into Vietnam
must comply with relevant
Leasing and rental services relating to (2) None (2) None regulations of Vietnam on
other machinery and equipment management of import
(CPC 83109) (3) None, except joint venture with the (3) None, except as indicated in the and export, standards,
(Excluding mining and oil field foreign capital contribution not market access column technical requirement,
equipment; commercial radio, exceeding 70% shall be permitted national security, national
television and communication telecommunications
equipment) infrastructure and comply
with the provisions of
relevant laws on
telecommunications
licensing as well as
licenses on use of
frequencies and radio
equipment
Leasing or rental services concerning (1) None (1) None
furniture and other household
appliances (CPC 83203)
(2) None (2) None

(3) None (3) None

 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
E. Rental / Leasing Services (1) None. (1) None
without Operator
Relating to ships (CPC 83103) (2) None (2) None

(3) None, except that joint ventures with (3) None, except as indicated in the
foreign capital contribution not market access column
exceeding 70% can be established.

F. Other Business Services (1) None (1) None The advertising for wines
and spirits shall be
Advertising Services (except (2) None (2) None subject to State
advertising services for cigarettes) regulations, which are
(CPC 871) (3) None, except: (3) None applied on a non-
Foreign service suppliers are discriminatory basis.
permitted to establish joint venture or
business cooperation contract with
Vietnamese partners who are legally
authorised to do advertising services.

There shall be no limitation on

foreign capital contribution in the joint
ventures.

Market research services (1) None (1) None

(CPC 864, excluding CPC 86402)
(2) None (2) None

(3) None (3) None

 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Management Consulting Services (1) None (1) None
(CPC 865)
(2) None (2) None

(3) None. branching is allowed. (3) None

Production management consulting (1) None, except for mining, oil, and gas (1) None, except for mining, oil, and gas
services (CPC 86505) related fields related fields

(2) None (2) None

(3) joint-venture or business co- (3) None

operation contract, except for mining,
gas, oil, and related fields

Services related to management (1) None (1) None

consulting
(CPC 866, except CPC 86602 and (2) None (2) None
arbitration and conciliation services
for commercial disputes between (3) None, branching is allowed (3) None, except that the chief of the
business (CPC 86602**) branch has to be a resident in Viet
Nam
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Technical testing and analysis (1) None , except for mining, oil, and gas (1) None
services related field
(CPC 8676 covering CPC 86761-9)
(Including services related to (2) None (2) None
composition testing, quality
inspection) (3) None, except where Viet Nam allows (3) None
private suppliers access to a sector
previously closed to private sector
competition on the grounds that the
service had been supplied in the
exercise of governmental authority,
joint ventures to supply such service
shall be allowed without limitation on
foreign ownership 3 years after such
access to private sector competition
is allowed. Five years after those
private sector services suppliers
have been granted such access:
none.

Access to certain geographic areas

may be restricted for national security
reasons.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Alarm monitoring services for (1) None (1) None
manufacturing factory (Part of CPC
87303) (2) None (2) None

(3) None (3) None

Related scientific and technical (1) None, except: companies without a (1) None, except as indicated in the
consulting services.8 commercial presence may be market access column
(Covering CPC 86751-86753) required to be registered with the
competent authority of the
government of Viet Nam under the
terms outline in Viet Nam’s
applicable laws.

(2) None (2) None

(3) None (3) None , except as indicated in the

market access column

Leasing and rental services relating to (1) None (1) None

aircraft without operator
(CPC 83104) (2) None (2) None

(3) None (3) None

8 The supply of services related to prospecting, surveying, exploration and exploitation is subject to the applicable laws and regulations of Viet Nam.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Maintenance and repair equipment (1) None (1) None
(not including maritime vessels,
aircraft or other transport equipment) (2) None (2) None
(CPC 633)
(3) None (3) None

Building-cleaning services (CPC 874) (1) None (1) None

- Disinfecting and exterminating
services (CPC 87401) (2) None (2) None
- Window cleaning services (CPC
87402) (3) None (3) None
only in industrial zones and export
processing zones
Portrait Photography services (1) None (1) None
(CPC 87501)
(2) None (2) None

(3) None, except only in the form of BBC (3) None

or joint venture with Vietnamese
supplier. There shall be no limitation
on foreign equity distribution in the
joint venture
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Special Photography services except (1) None. (1) None
aerial photography
(CPC 87504) (2) None (2) None

(3) None, except only in the form of BBC (3) None

or joint venture with Vietnamese
supplier. There shall be no limitation
on foreign equity distribution in the
joint venture

Packaging services (1) None (1) None

(CPC 876)
(2) None (2) None

(3) None, except joint venture with the (3) None, except as indicated in the
foreign capital contribution not market access column
exceeding 70% shall be permitted

Printing, publishing (1) None. (1) None

(CPC 88442) for package only
(2) None (2) None

(3) None, except joint ventures with the (3) None, except as indicated in the
foreign capital contribution not market access column
exceeding 70% shall be permitted.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Convention Services (1) None. (1) None
(CPC 87909*)
(2) None (2) None
(Topics and content of conferences
and seminars must be approval by (3) Foreign services suppliers are (3) None.
competent authorities) permitted to provide services in the
form of joint venture with Vietnamese Topics and contents of the
suppliers. conventions must be approval by
competent authorities.

Translation and interpretation (1) None. (1) None

services (CPC 87905)
(2) None (2) None

(3) None. (3) None.

Leasing or rental services concerning (1) None. (1) None

private cars without operator (CPC
83101) (2) None (2) None

(3) None. (3) None.

 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
COMMUNICATIONS SERVICES
Courier Services (CPC 7512**) (1) None (1) None Services and services
suppliers of any other
*Express delivery services9, i.e. ser- (2) None (2) None Member shall be
vices consisting of collection, sorting, accorded treatment no
transport and delivery, whether for (3) None (3) None less favourable than the
domestic or foreign destination, of: treatment accorded to the
(a) Written communication10, on any Vietnamese Post Office or
kind of physical medium, its subsidiaries for its
including: competitive activities.
- 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 han-
dling 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) Parcels11 and other goods.

* Handling of non-addressed items

9 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.
10 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.

11 Books, catalogues are included hereunder.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Telecommunication Services
Commitments hereunder are made in accordance with "Notes for Scheduling Basic Telecom Services Commitments" (S/GBT/W/2/REV.1) and "Market
Access Limitations on Spectrum Availability" (S/GBT/W/3). 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 Telecommunications (1) None, except: (1) None Viet Nam undertakes the
Wire-based and mobile terrestrial obligations in the
a. Voice telephone services services: Service must be offered Reference Paper
including local, long distance and through commercial arrangements attached hereto.
international (CPC 7521) with an entity established in Viet Nam
and licensed to provide international For consortium submarine
b. Packet-switched data telecommunication services. cable links where Viet
transmission services Nam is member, foreign
(CPC 7523**) Satellite-based services: Subject to service suppliers shall be
commercial arrangements with permitted to control fully-
c. Circuit-switched data Vietnamese international satellite owned submarine cable
transmission services service suppliers duly licensed in Viet transmission capacity
(CPC 7523**) Nam, except satellite-based services (e.g. IRU or consortium
offered to: ownership) terminating at
d. Telegraph services (CPC 7522) a licensed cable landing
- Since 11 January 2007: off- station in Viet Nam, and
e. Telex services (CPC 7523**) shore/on sea based business to provide such capacity
customers, government to international facilities-
f. Facsimile services institutions, facilities-based based service suppliers
(CPC 7521**+7529**) service suppliers, radio and licensed in Viet Nam.
television broadcasters, official Since 11 January 2011,
g. Private leased circuit services international organisation' foreign service suppliers
(CPC 7522**+7523**) representative offices, diplomatic shall be permitted to
representatives and consulates, provide such capacity to
high tech and software international VPN and IXP
development parks who are service suppliers licensed
licensed to use satellite-earth in Viet Nam.
stations;
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
(o*) Other services - Since 11 January 2010:
multinational companies14, which
- Videoconference services are licensed to use satellite-earth
(CPC 75292) stations.
- Video Transmission services,
excluding broadcasting12 (2) None (2) None
- Radio based services includes:
- Mobile telephone (3) None, except: (3) None
(terrestrial and satellite) Non facilities-based services: Since
- Mobile data 11 January 2007 joint ventures with
(terrestrial and satellite) telecommunications service suppliers
- Paging duly licensed in Viet Nam will be
- PCS allowed. Foreign capital contribution
- Trunking shall not exceed 51% of legal capital
- Internet Exchange Service (IXP)13 of the joint ventures. Since 11
January 2010: joint venture will be
allowed without limitation on choice
of partner. Foreign capital
contribution shall not exceed 70% of
legal capital of the joint ventures.
Facilities-based services: joint
venture with telecommunications
service suppliers duly licensed in Viet
Nam will be allowed. Foreign capital
contribution shall not exceed 49% of
legal capital of the joint ventures.
51% gives management control of
the joint venture.

12 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.
13 Services providing internet access service (IAS) suppliers with connection between them and to the international Internet backbone.
14 A multinational is a corporation which: a) has a commercial presence in Viet Nam; b) operates in at least one other WTO member; c) has been in operation

for at least 5 years; d) is publicly listed on the stock exchange of a WTO Member; and e) is licensed to use satellite services in at least one WTO Member.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
In the telecommunications sector,
foreign investors in BCC will have the
possibility to renew current
arrangements or to convert them into
another form of establishment with
conditions no less favourable than
those they currently enjoy.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Basic telecommunication services (1) None, except: (1) None Viet Nam undertakes the
Wire-based and mobile terrestrial obligations in the
(o*) Other services services: Service must be offered Reference Paper
through commercial arrangements attached hereto.
- Virtual Private Network (VPN)15 with an entity established in Viet Nam
and licensed to provide international For consortium submarine
telecommunication services. cable links where Viet
Nam is member, foreign
Satellite-based services: Subject to service suppliers shall be
commercial arrangements with permitted to control fully-
Vietnamese international satellite owned submarine cable
service suppliers duly licensed in Viet transmission capacity
Nam, except satellite-based services (e.g. IRU or consortium
offered to: ownership) terminating at
- Since 11 January 2007: off- a licensed cable landing
shore/on sea based business station in Viet Nam, and
customers, government to provide such capacity
institutions, facilities-based to international facilities-
service suppliers, radio and based service suppliers
television broadcasters, official licensed in Viet Nam.
international organisation' Since 11 January 2011,
representative offices, diplomatic foreign service suppliers
representatives and consulates, shall be permitted to
high tech and software provide such capacity to
development parks who are international VPN and IXP

15 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 organisation, 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).
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
licensed to use satellite-earth service suppliers licensed
stations; in Viet Nam.
- Since 11 January 2010:
multinational companies19, which
are licensed to use satellite-earth
stations.

(2) None (2) None

(3) None, except: (3) None

Non facilities-based services: joint
ventures shall be allowed without
limitation on choice of partner.
Foreign capital contribution shall not
exceed 70% of legal capital of the
joint ventures.
Facilities-based services: joint
venture with telecommunications
service suppliers duly licensed in Viet
Nam will be allowed. Foreign capital
contribution shall not exceed 49% of
legal capital of the joint ventures.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Value added services: (1) None, except: (1) None Viet Nam undertakes the
Wire-based and mobile terrestrial obligations in the
h. Electronic mail (CPC 7523**) services: Service must be offered Reference Paper
through commercial arrangements attached hereto.
i. Voice mail (CPC 7523**) with an entity established in Viet Nam
and licensed to provide international
j. On-line information and database telecommunication services.
retrieval (CPC 7523**) Satellite-based services: Subject to
commercial arrangements with
k. Electronic data interchange (EDI) Vietnamese international satellite
(CPC 7523**) service suppliers duly licensed in Viet
Nam, except satellite-based services
l. Enhance/value-added facsimile offered to:
services, including store and - Since 11 January 2007: off-
forward, store and retrieve shore/on sea based business
(CPC7523**) customers, government
institutions, facilities-based
m. Code and protocol conversion service suppliers, radio and
television broadcasters, official
n. On-line information and data international organisation'
processing (incl. transaction representative offices, diplomatic
processing) (CPC 843) representatives and consulates,
high tech and software
development parks who are
licensed to use satellite-earth
stations;
- Since 11 January 2007:
multinational companies, which
are licensed to use satellite-earth
stations.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments

(2) None (2) None

(3) None, except: (3) None

Non facilities-based services:
business cooperation contracts or
joint ventures will be allowed. Foreign
capital contribution shall not exceed
70% of legal capital of the joint
ventures.

Facilities-based services:
business cooperation contracts or
joint ventures (JV) with
telecommunications service suppliers
duly licensed in Viet Nam will be
allowed. Foreign capital contribution
shall not exceed 50% of legal capital
of the joint ventures. 51% gives
management control of the joint
venture.

In the telecommunications sector,

foreign investors in BCC will have the
possibility to renew current
arrangements or to convert them into
another form of establishment with
conditions no less favourable than
those they currently enjoy.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Value added services (1) Wire-based and mobile terrestrial (1) None Viet Nam undertakes the
services: None, except: Service obligations in the
(o) Other must be offered through commercial Reference Paper
arrangements with an entity attached hereto.
- Internet Access Services established in Viet Nam and licensed
IAS16 to provide international
telecommunication services.

Satellite-based services: Subject to

commercial arrangements with
Vietnamese international satellite
service suppliers duly licensed in Viet
Nam, except satellite-based services
offered to:
- Since 11 January 2007: off-
shore/on sea based business
customers, government
institutions, facilities-based
services suppliers, radio and
television broadcasters, official
international organisation'
representative offices, diplomatic
representatives and consulates,
high tech and software develop-
ment parks who are licensed to
use satellite-earth stations;
- Since 11 January 2010:
multinational companies19,
which are licensed to use
satellite-earth stations.

(2) None (2) None

16 Services providing internet access to the end users.

 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
(3) Non facilities-based services: (3) None
Since 11 January 2007: joint
ventures with telecommunications
suppliers duly licensed in Viet Nam
will be allowed. Foreign capital
contribution shall not exceed 51% of
legal capital of the joint ventures.
Since 11 January 2010: joint venture
will be allowed without limitation on
choice of partner. Foreign capital
contribution shall not exceed 65% of
legal capital of the joint ventures.

Facilities-based services: joint

venture (JV) with telecommunications
service suppliers duly licensed in Viet
Nam will be allowed. Foreign capital
contribution shall not exceed 50% of
legal capital of the joint ventures.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
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 (1) Unbound. (1) Unbound.
(CPC 96112, excl. video tape)
(2) Unbound. (2) Unbound.

(3) Only in the forms of business (3) None

cooperation contracts or joint
ventures with Vietnamese partners
who are authorised to provide these
services in Viet Nam. Foreign capital
contribution may not exceed 51% of
the legal capital of the joint venture.

Motion picture distribution (1) Unbound. (1) Unbound.

(CPC 96113, excl. video tape)
(2) None (2) None

(3) Only through business cooperation (3) None

contract or joint venture with
Vietnamese partners who are
authorised to provide these services
in Viet Nam. Foreign capital
contribution shall not exceed 51% of
the legal capital of the joint venture.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
(b) Motion picture projection service (1) Unbound. (1) Unbound.
(CPC 96121)
(2) None (2) None

(3) Only through business cooperation (3) None

contracts or joint venture with
Vietnamese partners who are
authorised to provide these services
in Viet Nam. Foreign capital
contribution shall not exceed 51% of
legal capital.
Viet Nam's houses of culture, film
projection place, public cinema clubs
and societies and mobile projection
teams are not allowed to engage in
business cooperation contract or
joint-venture with foreign service
suppliers.

(e) Sound recording (1) Unbound. (1) Unbound.

(2) None (2) None

(3) Unbound. (3) Unbound.

 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
CONSTRUCTION AND ENGINEERING RELATED SERVICES
Pre-erection Work at Construction (1) Unbound due to lack of technical (1) Unbound due to lack of technical
Site (CPC 511) feasibility feasibility

Construction Work for Buildings (2) None (2) None

(CPC 512)
(3) None, except: (3) None, except that the chief of the
Construction Work for Civil since 11 January 2010, branching is branch has to be a resident in Viet
Engineering (CPC 513) allowed. Nam.

Assembly and Erection of

Prefabricated Constructions
(CPC 514)

Special Trade Construction

(CPC 515)

Installation Work (CPC 516)

Building Completion and Finishing

Work (CPC 517)

Renting Services Related Equipment

for Construction or Demolition of
Building or Civil Engineering Works
with Operator (CPC 518)
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
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
drugs17, explosives, processed oil and crude oil, rice, cane and beet sugar are excluded from the commitments.
A. Commission agents' services (1) Unbound, except none for: (1) Unbound, except as indicated in
(CPC 621, 61111, 6113, 6121) - Distribution of products for Mode 1, market access column.
personal use;
B Wholesale trade services - Distribution of legitimate
(CPC 622, 61111, 6113, 6121) computer software for personal
and commercial use.
C. Retailing services
(CPC 631 + 632, 61112, 6113, (2) None (2) None
6121)18
(3) None (3) None

Since 11 January 2010 foreign-

invested companies engaging in
distribution services will be permitted
to engage in the commission agents',
wholesale and retail business of all
legally imported and domestically
produced products.

The establishment of outlets for retail

services (beyond the first one) shall
be allowed on the basis of an
Economic Needs Test (ENT)19

17 For the purposes of this schedule "pharmaceuticals and drugs" do not include non-pharmaceutical nutritional supplements in tablet, capsule or powdered
form.
18 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.
19 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.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments

D. Franchising services (1) None (1) None

(CPC 8929)
(2) None (2) None

(3) None (3) None, except that the chief of the

Since 11 January 2010, branching is branch has to be a resident in Viet
allowed. Nam.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
EDUCATIONAL SERVICES
Only in technical, natural sciences and technology, business administration and business studies, economics, accounting, international law and language
training fields.
With regard to points (C), (D), and (E) below: The education content must be approved by Viet Nam's Ministry of Education and Training.
A. Primary education services (CPC (1) Unbound (1) Unbound
921)
(2) None (2) None

(3) None (3) None

B. Secondary education services (1) Unbound (1) Unbound

(CPC 922)
(2) None (2) None

(3) None (3) None

C. Higher education services (1) None (1) None

(CPC 923)
(2) None (2) None
D. Adult education
(CPC 924) (3) None (3) None

E. Other education services

(CPC 929 including foreign
language training)
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
ENVIRONMENTAL SERVICES
Access to certain geographic areas may be restricted for national security reasons20
Sewage services (CPC 9401) (1) Unbound due to technical feasibility (1) None Foreign companies are
(except related consulting services) allowed to do business
activities in Viet Nam in
(2) None (2) None the form of build-operate-
transfer (BOT) and build-
(3) None (3) None transfer-operate (BTO).

20For greater transparency, this commitment allows the maintenance or adoption of limitations or restrictions for national security reasons that would be
justified under Article XIV and Article XIV bis of the GATS.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Refuse disposal services (1) Unbound due to technical feasibility (1) None Foreign companies are
(CPC 9402) 21 (except related consulting services) allowed to do business
activities in Viet Nam in
(2) None (2) None the form of build-operate-
transfer (BOT) and build-
(3) None. (3) None transfer-operate (BTO).

Sanitation and similar services (1) None (1) None

(CPC 9403)
(2) None (2) None

(3) None (3) None

21 Import of refuse is forbidden by law. Treatment and disposal of hazardous waste is regulated by Law.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Nature and landscape protection (1) None (1) None
services (CPC 9406)
(2) None (2) None

(3) None (3) None

Other services (1) Unbound due to technical feasibility (1) None

(except related consulting services)
- Cleaning services of exhaust
gases (CPC 94040) and (2) None (2) None

- noise abatement services (CPC (3) None (3) None

94050)
Environmental impact assessment (1) None (1) None
services (CPC 9409)
(2) None (2) None

(3) None, except that foreign ownership (3) None

is limited to 51% until 11 January
2011. After that: None.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
HEALTHCARE SERVICES
Medical and Dental Services (1) None (1) None
(CPC 9312) covering:
(2) None (2) None
- General medical services
(CPC 93121) (3) None (3) None
- Specialised medical services
(CPC 93122)
- Dental services (CPC 93123)

Nursing services, physiotherapists

and para-medical personnel (CPC
93191)

Hospital services
(CPC 9311)
Veterinary Services (1) None (1) None
(CPC 932/9320) 22
(2) None (2) None

(3) Access is granted to natural persons (3) None

exclusively for the conduct of private
professional practice and under the
authorisation by the veterinary
authorities

22 Excluding keeping micro-organism strain for veterinary.

 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Other human health services (1) None (1) None

(2) None (2) None

(3) None, except joint venture with the (3) None, except as indicated in the
foreign capital contribution not market access column
exceeding 70% shall be permitted

Health related and social services (1) None (1) None

Social services (CPC 933)
(2) None (2) None
- Social services with accommodation
(CPC 9331) (3) Unbound, except for foreign equity (3) None, except as indicated in the
ownership permitted up to 70 % market access column
- Social services without
accommodation (CPC 9332)
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
TOURISM AND TRAVEL RELATED SERVICES
Hotel Lodging Services (1) None (1) None
(CPC 64110)
Food serving services (2) None (2) None
(CPC 642)
Beverage serving services for (3) None (3) None
consumption on the premises
(CPC 643)

Travel agencies and tour operator (1) None (1) None

services (CPC 7471)
(2) None (2) None

(3) None, except that: (3) None, except tourist guides in

Foreign service supplying companies foreign-invested enterprises shall be
are permitted to provide services in Vietnamese citizens. Foreign service
the form of joint venture with supplying enterprises can only do
Vietnamese partners. with no inbound services and domestic
limitation on foreign capital travel for inbound tourists as an
contribution. integral part of inbound services.

Tour guides services (considered as (1) None (1) None

a subsector of Travel agencies and
tour operators service-CPC 7471) (2) None (2) None

(3) None (3) None

 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Others (1) None (1) None

Tourist theme park (2) None (2) None

(3) Foreign service supplying companies (3) None, except providing services for
are permitted to provide services in projects which may effect to
the form of joint venture with Vietnam’s national security, social
Vietnamese partners safety, environment, natural
resources and public benefits,
The capital contributions of the cultural heritages, values of culture,
foreign side shall not exceed 70% of moral and customs
the legal capital of the joint venture.

RECREATIONAL, CULTURAL AND SPORTING SERVICES

A. Entertainment services (1) Unbound (1) Unbound
(including theatre, live bands and
circus services) (2) None (2) None
(CPC 9619)
(3) Unbound except that since 11 (3) None
January 2012, joint ventures with
foreign capital contribution not
exceeding 49% are permitted.

Library services (CPC 96311) (1) None (1) None

(Excluding E-Library)
(2) None (2) None

(3) None (3) None

 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
D. Sporting and other recreational (1) None (1) None
services
(2) None (2) None
Gym and Fitness Services
(CPC 96413**) (3) Foreign services suppliers are (3) None,
permitted to provide services in the Foreign suppliers and their trainers
form of joint venture with Vietnamese and guides must qualify and match
suppliers the requested conditions for gym
The capital contribution of the foreign and fitness services (related to
side shall not exceed 70% of the medical and health issues)
legal capital of the joint venture

E. Other (1) Unbound (1) Unbound

- Electronic games business (2) None (2) None

(CPC 964**)
(3) Only through business cooperation (3) None
contract or joint-venture with
Vietnamese partners who are
specifically authorised to provide
these services. Foreign capital
contribution shall not exceed 49% of
the legal capital of the joint ventures.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
TRANSPORT SERVICES
A. Maritime Transport Services (1) None (1) None The following services at
the port are made
Passenger Transportation less (2) None (2) None available to international
Cabotage (CPC 7211) maritime transport
(3) a) Establishment of registered (3) None suppliers on reasonable
companies for the purpose of and non-discriminatory
operating a fleet under the terms and conditions:
national flag of Viet Nam: 1. Pilotage;
2. Towing and tug
foreign service suppliers are assistance;
permitted to establish joint- 3. Provisioning, fuelling
ventures with foreign capital and watering
contribution not exceeding 49% 4. Garbage collecting
of total legal capital. Foreign and ballast waste
seafarers may be permitted to disposal;
work in ships under the national 5. Port
flag of Viet Nam (or registered in Captain's/Harbour
Viet Nam) owned by joint- Master's services;
ventures in Viet Nam but not 6. Navigation aids;
exceeding 1/3 of total employees 7. Shore-based
of the ships. The Master or first operational services
chief executive must be essential to ship
Vietnamese citizen. operations, including
communications,
b) Other forms of commercial water and electrical
presence for the supply of supplies;
international maritime transport 8. Emergency repair
services24: facilities;
Since 11 January 2007, foreign 9. Anchorage, berth and
shipping companies can berthing services;
establish joint ventures with 51%

24 "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.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
foreign ownership., Since 11 10. Access to
January 2012, foreign shipping maritime agency
companies can establish 100% services.23
foreign-invested enterprises.

Since 11 January 2007, foreign-

invested enterprises are only
permitted to carry out activities
from (1) to (5) as indicated
below:
1. Marketing and sales
maritime transport services
through direct contact with
customers, from quotation to
invoicing;
2. Acting on behalf of the cargo
owners;
3. Provision of required
business information;
4. Preparation of
documentation concerning
transport documents
including customs
documents, or other
documents related to the
origin and character of the
goods transported; and
5. Provision of maritime
transport services including
cabotage services by
Vietnamese flagged vessels

23With respect to the access to and use of maritime agency services mentioned in the Additional Commitments column, where road, rail, inland waterways,
coastal and inland shipping, and related auxiliary services are not otherwise fully covered in the schedule, a multimodal transport operator shall have the
ability to access Vietnamese maritime agency services suppliers to rent, hire or charter trucks, railway carriages, or barges and related equipment, for the
purpose of onward forwarding of international cargoes carried by sea.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
for the supply of integrated
transport services.

Since 11 January 2012, activities

from (6) to (7) shall be allowed.
6. Acting on behalf of the
company, organising the call
of the ship or taking over
cargoes when required;
7. Negotiate and sign contracts
for road, rail, inland
waterways transportation
related to cargoes
transported by the company.

The number of joint ventures by

foreign shipping companies will be
limited to 5 companies since 11
January 2007. Three additional
companies will be allowed every two
years thereafter. Since 11 January
2012, no limitation on the number of
joint ventures.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Freight transportation less cabotage (1) None. (1) None The following services at
(CPC 7212) the port are made
(2) None (2) None available to international
maritime transport
(3) a) Establishment of registered (3) suppliers on reasonable
companies for the purpose of and non-discriminatory
operating a fleet under the terms and conditions:
national flag of Viet Nam: 1. Pilotage;
2. Towing and tug
foreign service suppliers are assistance;
permitted to establish joint- 3. Provisioning, fuelling
ventures with foreign capital and watering
contribution not exceeding 70% 4. Garbage collecting
of total legal capital. Foreign and ballast waste
seafarers may be permitted to disposal;
work in ships under the national 5. Port
flag of Viet Nam (or registered in Captain's/Harbour
Viet Nam) owned by joint- Master's services;
ventures in Viet Nam but not 6. Navigation aids;
exceeding 1/3 of total employees 7. Shore-based
of the ships. The Master or first operational services
chief executive must be essential to ship
Vietnamese citizen. operations, including
communications,
b) Other forms of commercial water and electrical
presence for the supply of supplies;
international maritime transport 8. Emergency repair
services26: facilities;
Since 11 January 2007, foreign 9. Anchorage, berth and
shipping companies can berthing services;
establish joint ventures with 51%
foreign ownership., Since 11

26 "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.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
January 2012, foreign shipping 10. Access to
companies can establish 100% maritime agency
foreign-invested enterprises. services.25

Since 11 January 2007, foreign-

invested enterprises are only
permitted to carry out activities
from (1) to (5) as indicated
below:
1. Marketing and sales
maritime transport services
through direct contact with
customers, from quotation to
invoicing;
2. Acting on behalf of the cargo
owners;
3. Provision of required
business information;
4. Preparation of
documentation concerning
transport documents
including customs
documents, or other
documents related to the
origin and character of the
goods transported; and
5. Provision of maritime
transport services including
cabotage services by
Vietnamese flagged vessels

25With respect to the access to and use of maritime agency services mentioned in the Additional Commitments column, where road, rail, inland waterways,
coastal and inland shipping, and related auxiliary services are not otherwise fully covered in the schedule, a multimodal transport operator shall have the
ability to access Vietnamese maritime agency services suppliers to rent, hire or charter trucks, railway carriages, or barges and related equipment, for the
purpose of onward forwarding of international cargoes carried by sea.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
for the supply of integrated
transport services.

Since 11 January 2012, activities

from (6) to (7) shall be allowed.
6. Acting on behalf of the
company, organising the call
of the ship or taking over
cargoes when required;
7. Negotiate and sign contracts
for road, rail, inland
waterways transportation
related to cargoes
transported by the company.

The number of joint ventures by

foreign shipping companies will be
limited to 5 companies since 11
January 2007. Three additional
companies will be allowed every two
years thereafter. Since 11 January
2012, no limitation on the number of
joint ventures.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Rental of vessels with crew (1) None. (1) None
(CPC 7213)
(2) None (2) None

(3) None, except joint venture with the (3) None, except as indicated in the
foreign capital contribution not market access column
exceeding 70% shall be permitted

Maintenance and repair of vessels (1) None (1) None

(CPC 8868*)
(2) None (2) None

(3) Commercial presence may be in the (3) None

form of joint venture. Maximum share
of foreign equity in the joint venture
company allowable up to 70%
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Supporting Services for Maritime (1) Unbound.* (1) Unbound.*
Transport
(2) None (2) None
Customs Clearance Services27
(3) None, except that since 11 January (3) None
2007 joint ventures with foreign
capital contribution not exceeding
51% can be established. After 5
years, joint ventures can be
established with no foreign
ownership limitation.

Maritime Agency Services (1) None (1) None

(CPC 7454*)
(2) None (2) None

(3) Commercial presence may be in the (3) Unbound

form of joint venture. Maximum share
of foreign equity in the joint venture
company allowable up to 49%

27 "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.
* A commitment on this mode of delivery is not feasible.
* A commitment on this mode of delivery is not feasible.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Container Station and Depot (1) None (1) None
Services28
(2) None (2) None

(3) None, except that since 11 January (3) None

2007 joint ventures with foreign
capital contribution not exceeding
51% can be established. Since 11
January 2014, none.

28"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.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
B. Internal Waterways Transport (1) None (1) None

Passenger transport (2) None (2) None

(CPC 7221)
(3) Foreign service suppliers are (3) None
Freight transport permitted to provide services only
(CPC 7222) through the establishment of joint
ventures with Vietnamese partners in
which the capital contribution of
foreign side not exceeding 51% of
total legal capital.

Maintenance and repair of vessels (1) None (1) None

(CPC 8868*)
(2) None (2) None

(3) Foreign service suppliers are (3) None

permitted to provide services only
through the establishment of joint
ventures with Vietnamese partners in
which the capital contribution of
foreign side not exceeding 51% of
total legal capital.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
E. Rail Transport Services (1) None (1) None

Passenger transportation (2) None (2) None

(CPC 7111)
(3) Unbound except: Foreign suppliers (3) None
are permitted to provide freight
transport services through the
establishment of joint ventures with
Vietnamese partners in which the
capital contribution of foreign side not
exceeding 70% of the total legal
capital.

Freight transportation (1) None (1) None

(CPC 7112)
(2) None (2) None

(3) None (3) None

 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Pushing and towing services (CPC (1) None. (1) None
7113)
(2) None (2) None

(3) None, except that joint ventures with (3) None, except as indicated in the
foreign capital contribution not market access column
exceeding 70% can be established.

Maintenance and repair of rail (1) None (1) None

transport equipment (CPC 8868)
(2) None (2) None

(3) Foreign service suppliers are (3) None

permitted to provide services only
through the establishment of joint
ventures with Vietnamese partners in
which the capital contribution of
foreign side not exceeding 70% of
total legal capital.

Supporting services for rail transport (1) None. (1) None

services (CPC 743)
(2) None (2) None

(3) None, except that joint ventures with (3) None, except as indicated in the
foreign capital contribution not market access column
exceeding 70% can be established.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
F. Road Transport Services (1) Unbound. (1) Unbound.

Passenger transportation (2) None (2) None

(CPC 7121+7122)
(3) Since 11 January 2007, foreign (3) None
service suppliers are permitted to
provide passenger and freight
transport services through business
cooperation contracts or joint-
ventures with the capital contribution
of foreign side not exceeding 49%.
Since 11 January 20140, subject to
the needs of the market, joint-
ventures with foreign capital
contribution not exceeding 51% may
be established to provide freight
transport services.
100% of joint-venture's drivers shall
be Vietnamese citizen.

Freight transportation (1) None. (1) None

(CPC 7123)
(2) None (2) None

(3) Foreign service suppliers are (3) None, except as indicated in the
permitted to provide freight transport market access column
services only through the
establishment of joint ventures with
Vietnamese partners in which the
capital contribution of foreign side not
exceeding 70% of total legal capital.
100% of joint-venture's drivers shall
be Vietnamese citizen..
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Maintenance and repair of road (1) None. (1) None
transport equipment (CPC 6112 +
8867) (2) None (2) None

(3) None, except that joint ventures with (3) None, except as indicated in the
foreign capital contribution not market access column
exceeding 51% can be established.

H. Services Auxiliary to All Modes (1) None (1) None

of Transport
(2) None (2) None
Maritime cargo handling services
(CPC 741) (3) Commercial presence may be in the (3) Unbound
form of joint venture. Maximum
share of foreign equity in the joint
venture company allowable up to
49%

Container handling services, except (1) None (1) None

services provided at airports
(part of CPC 7411) (2) None (2) None

(3) Foreign service suppliers are only (3) None

permitted to provide services through
the establishment of joint ventures
with Vietnamese partners with the
capital contribution of foreign side not
exceeding 50%.

Container handling services (1) Unbound (due to lack of technical (1) None
(CPC 7411)29 feasibility)

(2) None (2) None

29 Public utility concession or licensing procedures may apply in case of occupation of the public domain.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments

(3) None, except that joint ventures with (3) None

foreign capital contribution not
exceeding 50% can be established.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Rail handling services (1) None (1) None
(part of CPC 741)
(2) None (2) None

(3) None, except that joint ventures with (3) None, except as indicated in the
foreign capital contribution not market access column
exceeding 70% can be established.

Storage and warehouse services (1) None (1) None

(CPC 742)
(2) None (2) None

(3) None (3) None

Freight transport agency services (1) None (1) None

(CPC 748)30
(2) None (2) None
(Excluding Road Transport)
(3) None (3) None

30Including freight forwarding services. These services mean the activities consisting of organising and monitoring shipment operations on behalf of
shippers, through the acquisition of transport and related services, preparation of documentation and provision of business information.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
Ship broking services (1) Unbound (1) Unbound

(2) None (2) None

(3) Unbound (3) Unbound

Other (1) None. (1) None

(part of CPC 749)31
(2) None (2) None

(3) None (3) None

Note: * indicates that the services specify is constitutes only a part of the total range of activities covered by CPC concordance

31Include 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.
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Modes of Supply: 1) Cross-border supply 2) Consumption abroad 3) Commercial presence

Limitation on Limitation on Additional

Sector or Subsector
Market Access National Treatment Commitments
OTHER SERVICES NOT INCLUDED ELSEWHERE
Laundry collection services (CPC (1) None (1) None
97001)
(2) None (2) None

(3) None (3) None

Dry cleaning services (CPC 97013) (1) None (1) None

(2) None (2) None

(3) None (3) None

Pressing services (CPC 97014) (1) None (1) None

(2) None (2) None

(3) None (3) None

 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

Definition

“Business Cooperation Contract” A Business Cooperation Contract is one of Foreign Investment Form in Vietnam, that is regulated by Investment Law in
Vietnam and come into effect on 29 Nov. 2005

According to the Investment Law in Vietnam, “Business cooperation contract (hereinafter called BCC for short) means a form of investment signed between
investors for business cooperation with profit-sharing or product-sharing, without creating a legal entity”.

Article 9 of Decree No. 1082006/ND-CP dated 22/9/2006 providing guidelines of a number articles of Law on Investment says that :

1. In the case of investment in the form of a business co-operation contract signed between one or more foreign investors with one or more domestic investors
(hereinafter referred to as the co-operating parties), the business co-operation contract must stipulate the interests and responsibilities of, and the sharing of business
results as between each investor.

2. A business co-operation contract in the sector of prospecting, exploration for and mining petroleum and a number of other natural resources in the form of a
product sharing contract shall be performed in accordance with relevant laws and the Law on Investment.

3. A business co-operation contract signed between domestic investors to conduct investment and business shall be in accordance with the law on economic
contracts and relevant laws.

4. During the process of business, the co-operating parties may agree to establish a coordination board to perform the business co-operation contract. The
functions, duties and powers of the co-ordination board shall be as agreed by the co-operating parties. The coordination board shall not be the leadership body of the
co-operating parties.

5. The foreign co-operating party shall be permitted to establish an operating office in Vietnam to act as its representative during the performance of the business
co-operation contract. The operating office of a foreign co-operating party shall have a seal, may open bank accounts, recruit employees, sign contracts and conduct
all business activities within the scope of the rights and obligations stipulated in the Investment Certificate and business co-operation contract.

"Ship Broking Services" is the work of a shipbroker who undertakes for remuneration to act, on the individual authority of his principal, as an intermediary in
concluding contracts of carriage, of marine insurance, of charter, of sale and purchase of vessel, towage contracts, recruitment agreement and contracts of
other activities pertaining to maritime shipping activities"
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

REFERENCE PAPER

Scope

The following are definitions and principles on the regulatory framework for the basic telecommunications services.

Definitions
Users mean service consumers and service suppliers.

Essential facilities mean facilities of a public telecommunications transport network or service that
(a) are exclusively or predominantly provided by a single or limited number of suppliers; and
(b) cannot feasibly be economically or technically substituted in order to provide a service. A major supplier is a supplier which has the ability to materially
affect the terms of participation (having regard to price and supply) in the relevant market for basic telecommunications services as a result of:
(i) control over essential facilities; or
(ii) use of its position in the market.

1. Competitive safeguards
1.1 Prevention of anti-competitive practices in telecommunications
Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone or together, are a major supplier from engaging in or
continuing anti-competitive practices.

1.2 Safeguards
The anti-competitive practices referred to above shall include in particular:
(a) engaging in anti-competitive cross-subsidisation;
(b) using information obtained from competitors with anti-competitive results; and
(c) not making available to other services suppliers on a timely basis technical information about essential facilities and commercially relevant information
which are necessary for them to provide services.

2. Interconnection
2.1 This section applies to linking with suppliers providing public telecommunications transport networks or services in order to allow the users of one supplier
to communicate with users of another supplier and to access services provided by another supplier, where specific commitments are undertaken.

2.2 Interconnection to be ensured

Interconnection with a major supplier will be ensured at any technically feasible point in the network. Such interconnection is provided.
(a) under non-discriminatory terms, conditions (including technical standards and specifications) and rates and of a quality no less favourable than that
provided for its own like services or for like services of non-affiliated service suppliers or for its subsidiaries or other affiliates;
 VIET NAM – SCHEDULE OF COMMITMENTS

For the 10th Package of Commitments under ASEAN Framework Agreement on Services

(b) in a timely fashion, on terms, conditions (including technical standards and specifications) and cost-oriented rates that are transparent, reasonable,
having regard to economic feasibility, and sufficiently unbundled so that the supplier need not pay for network components or facilities that it does not
require for the service to be provided; and
(c) upon request, at points in addition to the network termination points offered to the majority of users, subject to charges that reflect the cost of
construction of necessary additional facilities.

2.3 Public availability of the procedures for interconnection negotiations

The procedures applicable for interconnection to a major supplier will be made publicly available.

2.4 Transparency of interconnection arrangements

It is ensured that a major supplier will make publicly available either its interconnection agreements or a reference interconnection offer.

2.5 Interconnection: dispute settlement

A service supplier requesting interconnection with a major supplier will have recourse, either:
(a) at any time; or
(b) after a reasonable period of time which has been made publicly known to an independent domestic body, which may be a regulatory body as referred
to in paragraph 5 below, to resolve disputes regarding appropriate terms, conditions and rates for interconnection within a reasonable period of time,
to the extent that these have not been established previously.

3. Universal service
Any Member has the right to define the kind of universal service obligation it wishes to maintain. Such obligations will not be regarded as anti-competitive per
se, provided they are administered in a transparent, non-discriminatory and competitively neutral manner and are not more burdensome than necessary for
the kind of universal service defined by the Member.

4. Public availability of licensing criteria

Where a licence is required, the following will be made publicly available:
(a) all the licensing criteria and the period of time normally required to reach a decision concerning an application for a licence; and
(b) the terms and conditions of individual licenses.
The reasons for the denial of a licence will be made known to the applicant upon request.

5. Independent regulators
The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used
by regulators shall be impartial with respect to all market participants.
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For the 10th Package of Commitments under ASEAN Framework Agreement on Services

6. Allocation and use of scarce resources

Any procedures for the allocation and use of scarce resources, including frequencies, numbers and rights of way, will be carried out in an objective, timely,
transparent and non-discriminatory manner. The current state of allocated frequency bands will be made publicly available, but detailed identification of
frequencies allocated for specific government uses is not required.