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SECTOR SPECIFIC COMMITMENTS WTO Services Database Output

Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial presence 4)Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Notes

Viet Nam

02. Communication Services

B. Courier Services 1) None. #16 1) None. Services and services suppliers #13 Express delivery services may
(CPC 7512**) of any other Member shall be include, in addition to greater speed and
* Express delivery services accorded treatment no less reliability, value added elements such as
#13, i.e. services consisting favourable than the treatment collection from point of origin, personal
of collection, sorting, accorded to the Vietnamese delivery to addressee, tracing and
transport and delivery, Post Office or its subsidiaries tracking, possibility of changing the
whether for domestic or for its competitive activities. destination and address in transit,
foreign destination, of: confirmation of receipt.
(a) Written communication #14 Written communication includes
#14, on any kind of physical letters, postcards, hand writings, or
medium, including: printed matters such as books,
-Hybrid mail service; newspapers, periodicals, magazines, or
-Direct mail. commercial documents such as bills and
Except for the handling of invoices, etc.
items of written #15 Books, catalogues are included
communication the price of hereunder.
which is less than: #16 The cross-border supply of service
-10 times the tariff for the can be performed in association with a
handling of a standard local service provider for the collection or
domestic letter in the first delivery.
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 #15 and other


goods.
* Handling of
non-addressed items.

2) None. 2) None.
SECTOR SPECIFIC COMMITMENTS WTO Services Database Output
Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial presence 4)Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Notes
3) None, except that foreign ownership 3) None.
in joint ventures may be limited to
51% within the first 5 years after
accession.

After 5 years from the date of


accession, 100% foreign-invested
enterprises shall be permitted.

4) Unbound, except as indicated in the 4) Unbound, except as indicated in the


horizontal section. horizontal section.

02.C.o. Other
Telecommunication Services
SECTOR SPECIFIC COMMITMENTS WTO Services Database Output
Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial presence 4)Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Notes
Basic telecommunication 1) None, except: 1) None. Viet Nam undertakes the #17 Broadcasting is defined as the
services obligations in the Reference uninterrupted chain of transmission
Wire-based and mobile terrestrial Paper attached hereto. required for the distribution of TV and
(a) Voice telephone services services: Service must be offered radio programme signals to the general
through commercial arrangements For consortium submarine public, but does not cover contribution
(CPC 7521) with an entity established in Viet Nam cable links where Viet Nam is links between operators.
and licensed to provide international member, foreign service #18 Services providing internet access
(b) Packet-switched data telecommunication services. suppliers shall be permitted to service (IAS) suppliers with connection
transmission services control fully-owned submarine between them and to the international
(CPC 7523**) Satellite-based services: Subject to cable transmission capacity Internet backbone.
commercial arrangements with (e.g. IRU or consortium #19 A multinational is a corporation
(c) Circuit-switched data Vietnamese international satellite ownership) terminating at a which: a) has a commercial presence in
transmission services service suppliers duly licensed in Viet licensed cable landing station Viet Nam; b) operates in at least one
(CPC 7523**) Nam, except satellite-based services in Viet Nam, and to provide other WTO member; c) has been in
offered to: such capacity to international operation for at least 5 years; d) is
(d) Telex services -Upon accession: off-shore/on sea facilities-based service publicly listed on the stock exchange of a
(CPC 7523**) based business customers, suppliers licensed in Viet Nam. WTO Member; and e) is licensed to use
government institutions, 4 years after accession foreign satellite services in at least one WTO
(e) Telegraph services facilities-based service suppliers, radio service suppliers shall be Member.
(CPC 7523**) and television broadcasters, official permitted to provide such
international organization' capacity to international VPN
(f) Facsimile services representative offices, diplomatic and IXP service suppliers
(CPC 7521** + 7529**) representatives and consulates, high licensed in Viet Nam.
tech and software development parks
(g) Private leased circuit who are licensed to use satellite-earth
services stations;
(CPC 7522** + 7523**) -Three years after accession:
multinational companies #19, which
o*) Other services are licensed to use satellite-earth
stations.
- Videoconference services
(CPC 75292)
- Video Transmission
services, excluding
broadcasting #17
- Radio based services
includes:
+ Mobile telephone
(terrestrial and satellite)
+ Mobile data
(terrestrial and satellite)
+ Paging
+ PCS
+ Trunking
- Internet Exchange Service
(IXP) #18

2) None. 2) None.
SECTOR SPECIFIC COMMITMENTS WTO Services Database Output
Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial presence 4)Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Notes
3) None, except: 3) None.
Non facilities-based services: Upon
accession joint ventures with
telecommunications service suppliers
duly licensed in Viet Nam will be
allowed. Foreign capital contribution
shall not exceed 51% of legal capital
of the joint ventures. Three years
after accession: 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: Upon


accession, 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.

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.

4) Unbound, except as indicated in the 4) Unbound, except as indicated in the


horizontal section. horizontal section.

02.C. Telecommunication
Services

2) None. 2) None.
SECTOR SPECIFIC COMMITMENTS WTO Services Database Output
Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial presence 4)Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Notes
3) None, except: 3) None.
Non facilities-based services: Upon
accession, 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: Upon


accession, 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.

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.

4) Unbound, except as indicated in the 4) Unbound, except as indicated in the


horizontal section. horizontal section.
SECTOR SPECIFIC COMMITMENTS WTO Services Database Output
Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial presence 4)Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Notes
Value-added services 1) (1) None, except: 1) None. Viet Nam undertakes the
obligations in the Reference
(h) Electronic mail Wire-based and mobile terrestrial Paper attached hereto.
(CPC 7523 **) services: Service must be offered
through commercial arrangements
(i) Voice mail with an entity established in Viet Nam
(CPC 7523 **) and licensed to provide international
telecommunication services.
(j) On-line information and
database retrieval Satellite-based services: Subject to
(CPC 7523**) commercial arrangements with
Vietnamese international satellite
(k) Electronic data service suppliers duly licensed in Viet
interchange (EDI) Nam, except satellite-based services
(CPC 7523**) offered to:
- Upon accession: off-shore/on sea
(l) Enhance/value-added based business customers,
facsimile services, incl store government institutions,
and forward, store and facilities-based service suppliers, radio
retrieve and television broadcasters, official
(CPC 7523**) international organization'
representative offices, diplomatic
(m) Code and protocol representatives and consulates, high
conversion tech and software development parks
who are licensed to use satellite-earth
(n) On-line information and stations;
data processing (incl. - Three years after accession:
transaction processing) multinational companies #19, which
(CPC 843**) are licensed to use satellite-earth
stations.

2) None. 2) None.
SECTOR SPECIFIC COMMITMENTS WTO Services Database Output
Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial presence 4)Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Notes
3) None, except: 3) None.

Non facilities-based services:


Upon accession: business
cooperation contracts or joint
ventures will be allowed. Foreign
capital contribution shall not exceed
51% of legal capital of the joint
ventures.

Three years after accession: Foreign


capital contribution shall not exceed
65% of legal capital of the joint
ventures.

Facilities-based services: Upon


accession, 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.

Fifty-one % 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.

4) Unbound, except as indicated in the 4) Unbound, except as indicated in the


horizontal section. horizontal section.

2) None. 2) None.
4) Unbound, except as indicated in the 4) Unbound, except as indicated in the
horizontal section. horizontal section.

02.D. Audiovisual Services


SECTOR SPECIFIC COMMITMENTS WTO Services Database Output
Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial presence 4)Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Notes
Basic telecommunication 1) None, except: 1) None. Viet Nam undertakes the #20 Services, provided on commercial
services Wire-based and mobile terrestrial obligations in the Reference terms, establishing and managing a
services: Service must be offered Paper attached hereto. private network over public (shared)
(o*) Other services through commercial arrangements networks for the purpose of carrying out,
with an entity established in Viet Nam For consortium submarine on a non-profit basis, voice and data
- Virtual Private Network and licensed to provide international cable links where Viet Nam is telecommunications between members of
(VPN) #20 telecommunication services. member, foreign service a closed user group defined prior to the
Satellite-based services: Subject to suppliers shall be permitted to creation of the VPN. Such group may
commercial arrangements with control fully-owned submarine include a corporate group or organization,
Vietnamese international satellite cable transmission capacity or a group of legal entities with an
service suppliers duly licensed in Viet (e.g. IRU or consortium established relationship affiliated through
Nam, except satellite-based services ownership) terminating at a the pursuit of a common interest. Initial
offered to: licensed cable landing station members of a closed user group using
-Upon accession: off-shore/on sea in Viet Nam, and to provide VPN service must be listed in a dialling or
based business customers, such capacity to international routing plan approved by the Competent
government institutions, facilities-based service Authority and subject to its oversight.
facilities-based service suppliers, radio suppliers licensed in Viet Nam. VPN service suppliers shall notify to the
and television broadcasters, official 4 years after accession foreign Competent Authority changes of
international organization' service suppliers shall be membership at least two working weeks
representative offices, diplomatic permitted to provide such prior to actually commencing commercial
representatives and consulates, high capacity to international VPN service and can commence commercial
tech and software development parks and IXP service suppliers service provided that no objection from
who are licensed to use satellite-earth licensed in Viet Nam. the Competent Authority is issued during
stations; these two weeks. Members are not
allowed to resell VPN services to
-Three years after accession: unaffiliated third parties. Virtual private
multinational companies #19, which networks are not allowed to carry/transfer
are licensed to use satellite-earth traffic of/between unaffiliated third
stations. 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).
SECTOR SPECIFIC COMMITMENTS WTO Services Database Output
Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial presence 4)Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Notes
Value-added services 1) Wire-based and mobile terrestrial 1) None. Viet Nam undertakes the #21 Services providing internet access to
o) Other services: None, except: Service must obligations in the Reference the end users.
Internet Access Services IAS be offered through commercial Paper attached hereto.
#21 arrangements with an entity
established in Viet Nam and licensed
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:
- Upon accession: off-shore/on sea
based business customers,
government institutions,
facilities-based services suppliers,
radio and television broadcasters,
official international organization'
representative offices, diplomatic
representatives and consulates, high
tech and software development parks
who are licensed to use satellite-earth
stations;
- Three years after accession:
multinational companies #19, which
are licensed to use satellite-earth
stations.

3) Non facilities-based services: 3) None.


Upon accession: 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.
Three years after accession: 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: Upon
accession, 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.
SECTOR SPECIFIC COMMITMENTS WTO Services Database Output
Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial presence 4)Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Notes
D. Audiovisual Services 1) Unbound. 1) Unbound.

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)

2) Unbound. 2) Unbound.
3) Only in the forms of business 3) None.
cooperation contracts or joint
ventures with Vietnamese partners
who are authorized to provide these
services in Viet Nam. Foreign capital
contribution may not exceed 51% of
the legal capital of the joint venture.

4) Unbound, except as indicated in the 4) Unbound, except as indicated in the


horizontal section. horizontal section.

- 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
authorized to provide these services
in Viet Nam. Foreign capital
contribution shall not exceed 51% of
the legal capital of the joint venture.
SECTOR SPECIFIC COMMITMENTS WTO Services Database Output
Modes of supply : 1)Cross-border supply 2)Consumption abroad 3)Commercial presence 4)Presence of natural persons
Sector or Sub-sector Limitations on Market Access Limitations on National Treatment Additional Commitments Notes
4) Unbound, except as indicated in the 4) Unbound, except as indicated in the
horizontal section. horizontal section.
(b) Motion picture projection 1) Unbound. 1) Unbound.
service
(CPC 96121)

2) None. 2) None.
3) Only through business cooperation 3) None.
contracts or joint venture with
Vietnamese partners who are
authorized 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.

4) Unbound, except as indicated in the 4) Unbound, except as indicated in the


horizontal section. horizontal section.

e) Sound Recording 1) Unbound. 1) Unbound.

2) None. 2) None.
3) Unbound. 3) Unbound.
4) Unbound, except as indicated in the 4) Unbound, except as indicated in the
horizontal section. horizontal section.

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