RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/VNM/15/Add.3
15 May 2003
(03-2604)
Working Party on the
Accession of Viet NamOriginal:  English
ACCESSION OF VIET NAM
Legislation Programme
Addendum
The Government of the Socialist Republic of Viet Nam has submitted the following updated
Legislation Program with the request that it be circulated to members of the Working Party.WT/ACC/VNM/15/Add.3
Page 2Table 1:  Economic Policies
Number Issued date Name of the document Content of the document
GENERAL REGULATIONS
35/2002/QH10 19 April 2002 Law on the amendment of and supplement to a number of Articles
of the Labour Code.
93/2002/N Đ-CP 11 November 2002 Decree on the amendment of and supplement to a number of
Articles of the Decree No. 196/CP dated 31 December 1994 onregulations detailing the implementation some Articles of the
Labour Code on collective labour arrangement.Amendment of and supplement to some Articles of the
Labour Code on labour contracts, collective labourarrangements, social insurance and other regulations on
administrative procedures toward simplifying the
administrative regulations on labour relations,extending the foreign invested enterprises' right ofrecruiting employment
41/2002/PL-UBTVQH107 June 2002
Ordinance on Most-Favoured-Nation and National Treatment in
International Trade.Regulations on the scope, principles and conditions to
apply MFN and NT.
Consistent with WTO's principle of non-discrimination
and conform to GATT , GATS & TRIPS
MONETARY POLICIES
76/2002/N Đ-CP 13 September 2002 Decree on the amendment of and supplement to a number of
Articles of the Decree No. 79/2000/ND-CP dated29 December 2000 on regulations detailing the implementation ofLaw on Value Added Tax.
95/2002/N Đ-CP 11 November 2002 Decree on amendment of and supplement to Paragraph 3, Article 1
of the Decree No.76/2002/ND-CP dated 13 September 2002 onamendment of and supplement to a number of articles of the Decree
No. 79/2000/ND-CP dated 29 December 2000 on regulations
detailing the implementation of the Law on Value Added Tax.Amendment of regulations on VAT refund to provide a
level playing field, reducing fraudulence in import-export activities.
Improving management on  VAT collection and
refund.
INVESTMENT POLICIES
35/2002/ND-CP 29 March 2002 Decree on amendment of and supplement to the A, B, C lists in the
Annex of Decree No 51/1999/N Đ-CP of July 8, 1999 on
regulations detailing the Law on Domestic Investment Promotion(revised)Providing amendment of and supplement to the List of
business fields and sectors enjoying the investmentincentives, the List of areas under hard socio-economically harsh  conditions enjoying investmentincentives to rationalise the investment incentivepolicy, making it more transparent.
36/2003/Q Đ-TTg 11 March 2003 Decision on regulations on capital contributions and shares
purchased by foreign investors in Vietnamese enterprisesIncreasing the proportion of equity that foreigners can
buy in Vietnamese enterprises up to 30%.WT/ACC/VNM/15/Add.3
Page 3Number Issued date Name of the document Content of the document
27/2003/N Đ-CP 19 March 2003 Decree on amendment of and supplement to Decree No.
24/2000/N Đ-CP of 31 July 2000 on regulations detailing  the Law
on foreign investment in Viet Nam.Extending the coverage of foreign-invested projects
subject to investment licence registration.
Elimination of export requirements for most of sectors.
Permitting the establishment of share-holding foreign-invested enterprises.Allowing investors to change the form of investment(or form of incorporation)
STATE OWNERSHIP AND EQUITIZATION
51/2001/QH10 7 January 2002 The National Assembly's Resolution on amendment of and
supplement to some Articles of the 1992 Constitution of the
Socialist Republic of Viet Nam.
287/2002/NQ-
UBTVQH1029 January 2002 Resolution on regulations on implementation of some articles of
Resolution on amendment of and supplement to some Articles ofthe 1992 Constitution of the Socialist Republic of Viet Nam.Recognizing and confirming the roles of all economic
sectors
49/2002/N Đ-CP 24 April 2002 Decree on amendment of and supplement to some Articles of the
Decree No. 103/1999/ND-CP dated 10 September 1999 on theassignment, sale, contracting out, and leasing State-ownedenterprises: enterprise types of which the State does not need to
retain shares and enterprises whic h are not subject to equitization,
authority to approve plans of assignment, sale, contracting out, andleasing State-owned enterprises.Enhancing the process of equitizing State-owned
enterprises
58/2002/Q Đ-TTg 26 April 2002 Decision on the issuance of criteria for classifying State- owned
enterprises and State corporations.Enhancing the process of equitizing State-owned
enterprises
260/2002/Q Đ-BKH 10 May 2002 Decision promulgating a list of sectors in which foreign investors
may purchase shares of non-State enterprises in accordance withthe Law on Promotion of Domestic Investment.Enhancing the process of equitizing State-owned
enterprises
64/2002/N Đ-CP 19 June 2002 Decree on transforming State-owned enterprises into joint stock
companies ("equitized").Replacing the Decree No. 44/1998/ND-CP of 29 June
1998 in order to speed up equitization of State-owned
enterprises
895/QĐ-TTg 4 October 2002 Decision on approval of the Master plan for restructuring and
renovation of State-owned enterprises under the Northern FoodCorporation for the period of 2002-2005.Enhancing the process of equitizing State-owned
enterprises
152/2002/Q Đ-TTg 7 November 2002 Decision on approval of the Master plan on restructuring and
renovation of State-owned enterprises under the Ministry of Tradefor the period of 2002-2005.Enhancing the process of equitizing State-owned
enterprises
174/2002/Q Đ-TTg 2 December 2002 Decision on organisation and operation of Assistance Fund for
restructuring and equitisation of State enterprises.Enhancing the process of equitizing State-owned
enterprisesWT/ACC/VNM/15/Add.3
Page 4Table 2:  Framework For Making And Enforcing Polices
Number Issued date Name of the document Content of the document
01/2002/N Đ-CP 3 January 2002 Decree on amendment of and supplement to some Articles of the
Decree No.01/CP dated 3 January 1996 on regulations on penaltyfor administrative violations in trading sector.Improving government's management in trading sector
02/2002/QH11 16 December 2002 Law on amendment of and supplement to some Articles of the Law
on Procedures for Promulgating Legal documents.Amendment of and supplement to currently applicable
regulations towards improving the transparency andpredictability in the process of drafting and
promulgating legal documents and reforming the
regulations on assessment and approval of laws.
Conform to the WTO regulations on transparency
24 February 2003 Ordinance on Commercial Arbitration. Regulations on structure, organisation, authority of
arbitrators, procedures for dispute settlements byarbitration, making them consistent with international
rules and practices
Table 3:  Trade in Goods
Number Issued date Name of the document Content of the document
REGULATIONS ON IMPORT
42/2002/PL-
UBTVQH107 June 2002 Ordinance on Safeguard Measures. Regulations on safeguard measures; conditions and
procedures to apply safeguard measures on commoditiesimported into Viet Nam.
Conform to Article XIX of the GATT, and WTO's
Agreement on Safeguards.WT/ACC/VNM/15/Add.3
Page 5Table 4:  Trade in Services
Number Issued date Name of the document Content of the document
BUSINESS SERVICES
87/2002/N Đ-CP 5 November 2002 Decree on the supply and use of consulting service Domestic regulations, applicable to Viet Nam's enterprises
only
24/2003/N Đ-CP 13 March 2003 Decree on regulations detailing the Ordinance on Advertisement Regulations on business conditions for Vietnamese  entities
and individuals, foreign entities and individuals to provideadvertisement services for businesses, goods and services
COMMUNICATION SERVICES
43/2002/PL-UBTVQH1011 June 2002 Ordinance on Post and Telecommunication. Regulations on posts and telecommunication activities,
radio frequency, rights and obligations of organizations,individuals engaging in posts and telecommunication
activities.
FINANCIAL SERVICES
79/2002/N Đ-CP 4 October 2002 Government Decree on organization and operation of financial
companiesForms of financial companies allowed to carry out
operations in Viet Nam, conditions for the establishment
and operation of financial companies
TOURISM AND RELATED SERVICES
50/2002/N Đ-CP 25 April 2002 Decree on regulations on penalty for administrative violations in
tourism sector.Including: behaviors violating regulations on State
management over activities of tourist guides; touroperation activities; operation of tourist housing places;activities damaging landscapes, environment, law andorder at tourist places and areas and other violations intourism sector.WT/ACC/VNM/15/Add.3
Page 6Table 5:  Legal Document for Implementation of the Action Plans (TBT, SPS, TRIPS, TRIMS, CVA)
Number Issued date Name of the document Content of the document
CUSTOMS VALUATION
08/2002/TT-BTC 23 January 2002 Circular providing guidelines on the implementation of the
custom valuation in accordance to the international commercialcontracts (i.e. import contracts).Providing guidelines on the implementation of the custom
valuation based on the import contracts to be applied toimports of the authorised organisations and individuals.
60/2002/N Đ-CP 6 June 2002 Decree on regulations on custom valuation for imported goods, in
conformity with principles of the Agreement to implement ArticleVII of the General Agreement on Trade and TariffsRegulations on customs valuation for imported goods, in
conformity with principles of the Agreement to implementArticle VII of the General Agreement on Tariffs and
Trade, methods to calculate customs values of imported
goods, rights and obligations of people making customsdeclaration and customs agencies (first, applied to importsfrom ASEAN countries)
DOMESTIC REGULATIONS AFFECTING EX PORTATION AND IMPORTATION OF GOODS
57/2002/N Đ-CP 3 June 2002 Decree on regulations detailing implementation of Ordinance on
fees and chargesProvision of detailed regulations for the Ordinance on fees
and charges: authority to promulgate regulations on feesand charges; principles to determine fee and charge levels;collection,  management and use of fees and charges on
the principle that fees and charges are equivalent to cost of
services provided
59/2002/N Đ-CP 4 June 2002 Decree on elimination of some licenses and replacement of some
licenses with other management methodsRegulations on elimination of some licenses, replacement
of some licenses with other management methods with aview to enhancing trading activities.
11/2002/N Đ-CP 22 January 2002 Decree on regulations detailing the exportation, importation, re-
exportation and internal importation from the sea of specimens ofwild animals and plants.Regulations detailing the exportation, importation, re-
exportation and internal importation from the sea ofspecimens of wild animals and plants in accordance withthe CITES and regulations of the Socialist Republic of
Viet Nam.
TECHNICAL BARRIERS TO TRADE, ST ANDARDS AND CONFORMITY MEASURES
06/2002/N Đ-CP 14 January 2002 Decree on regulations detailing the implementation of Ordinance
on measurementRegulations detailing the implementation of Ordinance on
measurement, concerning measurement units,measurement standards, verification of measurementequipment, correction of measurement equipment; andproduction, exportation, importation of measurementequipment and line inspection on measurement.
Conform to Agreement on TBT
83/2002/TT-BTC 25 September 2002 Circulation on regulations on collection, management and use of
fees and charges on measurement standards.
1921/2002/Q Đ-
BGTVT20 June 2002 Decision on promulgation of the Compulsory List of Vietnamese
and sectoral standards.transparency of regulation on standards and measurement
Conform to Agreement on  TBTWT/ACC/VNM/15/Add.3
Page 7Number Issued date Name of the document Content of the document
SANITARY AND PHYTOSANITARY MEASURES (SPS)
58/2002/N Đ-CP 3 June 2002 Decree on promulgation of regulation on plant protection;
Regulation on phytosanitary and Regulation on pesticides.Promulgation of Regulation on plant protection;
Regulation on phytosanitary and Regulation on pesticidein order to protect the life and health of people, plants and
animals.
Conform to Article XX, General exemption, Agreement onSPS
17/2003/TTLT-BTC-BNN&PTNT-BTS14 March 2003 Inter-ministerial Circular providing guidelines on control and
supervision of imports and exports which are under the animal,botanic and seafood quarantine.
TRADE RELATED INVESTMENT MEASURES(TRIMS)
147/2002/Q Đ-TTg 25 October 2002 Decision on the mechanism to govern the importation and
exportation, production, assembly of two-wheel motorbikes andtheir spare-parts in the period from 2003 to 2005.Gradually replacing the policies on management of
motorbikes importation by domestic management policies;eliminating the policy of imposing tariff in proportion with
localization ratio, aiming at eliminating the localization
policy in the motorbike production sector
TRADE RELATED INTELLECTUAL PROPERTY RIGHTS (TRIPS)
92/2002/TT-BTC 18 October 2002 The Circular providing regulations on collection, payment and
management of fees applied for appraisal, provision ofinformation, services and charges for registration, issuance,announcement and maintenance of the validity of documentsprotecting new plant seeds.
PRICING POLICIES
40/2002/PL-UBTVQH1010 May 2002 Ordinance on Prices. Regulations on the State management of prices and on the
rights of organizations, individuals producing and doing
business in Viet Nam to self-determine the prices, control
of monopoly price.
124/2002/QD-TTg 20 September2002 Decision on electricity prices. Narrowing the gap between local and foreign customers
for domestic electricity prices with a view to finallyphasing out dual pricing.
827/QD-CHK 5 December 2002 Decision on domestic air fairs. Narrowing the gap between local and foreign customers
for domestic air fairs with a view to finally phasing outdual pricing.WT/ACC/VNM/15/Add.3
Page 8Table 6:  Legislation Programme for the Period 1 October 2002 to 31 December 2003
No. Name of documents Proposed Content of DocumentsExpected Date of
Approval
1 Law on Procedures for Promulgating
Legal Documents (amended)Amendments of and supplements to currently applicable regulations towards improving the transparency
and predictability in the process of drafting and promulgating legal documents and reforming theregulations on assessment and approval of laws.Quarter IV/2002
2 Law on Claims and Accusation
(amended)Amendments of and supplements towards reducing the number of authorities in charge and shortening
settlement periods, improving responsibility of claim and accusation settlement authorities, spelling out
compulsory measures as well as the agencies enforcing settlement decisions,  making use of the role of
courts.Quarter IV/2002
3 Ordinance on Commercial
Arbitration(new)Regulations on structure, organization, authority of arbitrators, procedures for dispute settlements by
arbitration, making them consistent with international rules and practices.Quarter I/2003
4 Ordinance on Non-public Medicine,
Pharmacy Practices (new)Regulations on conditions for non-public medicine, pharmacy business: Regulations on conditions for
non-public medicine, pharmacy business; rights and obligations of individuals and organizationspracticing medicine and pharmacy activities; procedures to grant licenses to practice medicine andpharmacy activities.Quarter I/2003
5 Ordinance on Government
Procurement (new)Regulations on procedures, order and conditions of the bidding selection process; State management over
bidding activities; rights and obligations of agencies participating in bids, towards being consistent with
international standards.Quarter I/2003
6 Ordinance on Plant Varieties (new) Regulations on standards, qua lity of plant varieties, quarantine inspection procedures consi stent with
international practices.Quarter I/2003
7 Ordinance on Animal Varieties (new) Regulations on standards, qu ality of animal varieties; the procedure for animal inspection in conformity
with international rules.Quarter II/2003
8 Law on Construction Regulations on the management, construction business and services. Quarter II/2003
9 Law on Accounting
(new)Regulations on accounting principles, state management  over accounting activities and standards. Quarter II/2003
10 Ordinance on Procedures for
Settlement of Administrative Cases(amended)Amendments of and supplements to regulations toward expanding the coverage of administrative claims,
stipulating clearly the authority and procedures to solve administrative cases in conformity with the WTO
transparency requirement.Quarter II/2003
11 Law on Fishery Regulations on fishery breeding, fishing and processing. Quarter II/2003
12 Law on Value Added Tax (amended) Amendment of and supplement to regulations on base (towards reducing the taxable coverage), t ax rates,
goods and services subject to the tax rate of 0%, the application of the method of deducting the valueadded tax on inputs.Quarter II/2003
13 Law on Enterprises Income Tax
(amended)Amendment of and supplement to regulations towards applying a uniform tax rate for both domestic and
foreign invested enterprises; eliminating the profit repatriation tax, unifying the taxable cost and tax
preferentials for both domestic and foreign invested enterprises.Quarter II/2003
14 Law on Excise Tax
(amended)Amendment of and supplement to regulations towards transferring some goods and services from being
subject to value added tax to be subject to excise tax and vice versa, adding some goods to the coverage ofexcise tax, adjusting tax rates.Quarter II/2003WT/ACC/VNM/15/Add.3
Page 9No. Name of documents Proposed Content of DocumentsExpected Date of
Approval
15 Code on Civil Procedures
(new)Regulations on order, procedures, authority to settle civil, economic, labour cases, rights and obligations of
people engaging in the procedures.Quarter IV/2003
16 Code Verdict Implementation Regulations on implementation of civil, criminal verdicts, implementation the judgments and decisi ons of
foreign courts, implementation of the decisions made by domestic and foreign arbitrators, the structure and
organization of enforcement agencies.Quarter IV/2003
17 Law on State-Owned Enterprises
(amended)Amendment of and supplement to regulations on transformation of general corporations toward the model
of the parent companies and subsidiaries, transforming state owned enterprises to one owner limitedliability companies, implementing the self-accounting principle to public interest enterprises.Quarter IV/2003
18 Law on the State Bank
(amended)Amendment of and supplement to regulations on the organization of the State Bank of Viet Nam,
introducing the long term monetary instruments to the open market. The State Bank of Viet Nam willstipulate the re-discount interest rate instead of the basic interest rates with a view to liberalizing the
interest rate mechanism.Quarter IV/2003
19 Law on Credit Institutions (amended) Amendment of and supplement to regulations in order to diversify the activities of credit  institutions, in
line with the process of international economic integration, separate the credit activities for social purposes
from commercial credit, implement the model of author ized loans instead of the model of loans with the
designation of the government.Quarter IV/2003
20 Law on Internal Waterways
(new)Regulations on conditions, criteria for providing internal waterway transportation services, technical
regulations on internal waterway activities.Quarter IV/2003WT/ACC/VNM/15/Add.3
Page 10
ANNEX 3
List of International Treaties Viet Nam
is Planning to Join in the Period 2002-2007
- Geneva Convention (1971) for the Protection of Producers of Phonograms against
Unauthorized Duplication of their Phonograms;
- Berne (1971) Convention for the Protection of Literary and Artistic Works;
- Rome (1971) Convention for the Protection of Performers, Producers of Phonograms and
Broadcasting Organizations agai nst Unauthorized Duplication;
- Brussels Convention (1974) relating to the Distribution of Programme Carrying Signals
Transmitted by Satellite;
- UPOV (1978 or 1991) Convention for the Protection of New Varieties of Plants;
- Washington Convention for the Protection of Intellectual Property Rights for Integrated
Circuits;
- ISCID Convention on the Settleme nt of Investment Disputes;
- Vienna Convention on the International Sales of Goods;
- Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil
and Commercial Matters;
- Kyoto Convention on the Simplification a nd Harmonization of Customs Procedures.
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