WT/REG436/2  
 
21 March 2024  
(24-2439) Page: 1/2 
Committee on Regional Trade Agreements  Original: English  
 
FREE TRADE AGREEMENT BETWEEN THE UNITED KINGDOM  AND VIET NAM  
(GOODS AND SERVICES ) 
QUESTIONS AND REPLIES  
The following communication, dated 20 March  2024, is being circulated at the request of the 
delegations of  the United Kingdom and Viet Nam . 
 
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Question from China  
 
Sector specific commitments  
 
1.1.  Regarding  Trade in Services,  as shown in Table 4.2, Viet Nam has "lower" 
commitments in the Internal Waterways Transport  of Transport services sector in the 
UK-Viet Nam  FTA compar ed to GATS.  
 Could the Viet Nam  side elaborate its commitments  in the above -mentioned  service 
sector  in this FTA, and clarify why th ese commitments are lower compar ed to GATS , as 
well as the compliance with Article V of GATS?  
Response from Viet Nam  
 
In Annex 8 -B - Viet Nam's Schedule of Specific Commitments in the UK Viet Nam FTA, Viet 
Nam does not make commi tments for Internal Waterways Transport service. This is because during 
the negotiation process of the UK Viet Nam FTA and previously the EU Viet Nam FTA, the UK and 
the EU did not request Viet Nam to commit for market access and for consolidation of this service 
into Viet Nam 's Schedule of Specific Commitments.  
 
The fact that the Internal Waterways Transport service does not appear in Annex 8 -B UK 
Viet Nam FTA does not imply that Viet Nam does not allow the UK's service suppliers to enjoy 
commitments for this service. According to Viet Nam's Schedule of Specific Commitments in Services 
No. WT/ACC/VNM/48/Add.2, Viet Nam allows foreign service suppliers to do business in Internal 
Waterways Transport service, including passenger transport (CPC  7221) and freight transport 
(CPC 7222), with "None"  for Mode 2, and "Upon accession, foreign service suppliers are permitted 
to provide services only through the establishment of joint ventures with Vietnamese partners in 
which the capital contribution of  foreign side not exceeding 49% of total legal capital" for Mode 3. 
Accordingly, the UK 's service suppliers are still able to enjoy Viet Nam's existing commitments in 
the WTO.  
 
Question s from Japan  
 
Provisions on trade in goods  
 
Rules of origin  
 
1.2.  Paragraph  3.18.: Paragraph 5 of Article 3 of the Protocol 1 of the Agreement states 
that "The cumulation in respect of the EU as provided for in paragraphs 1, 2, 3 and 4 
applies if the countries involved in the acquisition of the originating status and the country WT/REG436/2  
 
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  of destination have arrangements on administrative cooperation which ensure the correct 
implementation of this Article."  
 Please clarify which countries of the EU have such arrangements with the UK and 
Viet Nam. If such arrangements have been made publicly  available, please let us know 
how we can get access to them.  
 
Joint response from the Parties  
 
 Through the UK -EU Trade and Cooperation Agreement, the UK has arrangements on 
administrative cooperation with all member states of the European Union.  This agreement is 
available through the UK government website.  Viet Nam is in the process of arranging administrative 
cooperation with the EU and this agreement will be made public when the process is done.  
 
1.3.  Paragraph 3.18.: Paragraph 4 of Article 3 of th e Protocol 1 of the Agreement states 
that "For the purposes of paragraph 1, the originating status of materials exported from 
the EU to a Party to be used in further working or processing shall be established by a 
proof of origin under which these material s could be exported directly to that Party."  
a. Please clarify whether "a proof of origin" means a origin declaration stipulated 
in Article 19 of the Protocol 1 of the Agreement. If not, what kind of proof of 
origins referred to here.  
Joint response from the Parties  
 
 In principle, producers/exporters based in the UK or Viet Nam, who have used EU originating 
materials in the making of their product, are expected to hold evidence of the EU originating status 
of those materials. In these cases, the proof of origin required would be one of those specified in 
the relevant trade agreement under which the EU materials were imported under preference.  
 
b. With respect to paragraph 13 of Article 3 of the Protocol of the Agreement 
(Fabrics originating in the Republic of  Korea) , please clarify whether a proof of 
origin should be completed in accordance with the FTA between the UK and the 
Republic of Korea.  
Joint response from the Parties  
 
 For application of Article 3.13, relating to the cumulation of Korean fabrics in Vi et Nam, a proof 
of origin should be completed in accordance with the provisions of the UK -Republic of Korea Free 
Trade Agreement.  
 
1.4.  Paragraph 3.18.: Joint Declaration states that "Should the agreement between the 
United Kingdom and European Union not includ e the provision of rules of origin suitable 
for a trilateral approach at entry into force, it is the understanding of both the United 
Kingdom and Viet Nam that they will endeavour to pursue appropriate discussions with 
the European Union."  
 Please clarify if such discussions between the UK and the EU, Viet Nam and the EU 
have been initiated.  
 
Joint response from the Parties  
 
 The discussions  as they relate to the Joint Declaration concerning a Trilateral Approach to 
Rules of Origin  have not currently  been initiated  by either Party with the European Union .  
 
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