WORLD TRADE  
ORGANIZATION  GATS/SC/142 
19 March 2007 
 
 (07-1152) 
Trade in Services  
 
 
 
 
VIET NAM 
 
Schedule of Specific Commitments  
 
 
(This is authentic in English only) 
 
_______________ 
  
 GATS/SC/142 
Page 2 VIET NAM – SCHEDULE OF SPECIFIC COMMITMENTS 
 
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I. HORIZONTAL COMMITMENTS 
ALL SECTORS INCLUDED IN THIS 
SCHEDULE (3) None, except:  
 
 Unless otherwise specified in each 
specific sector or sub-sector of this Schedule, foreign enterprises are 
allowed to establish commercial 
presence in Viet Nam in the form of business co-operation contract
1, 
joint venture enterprise, 100% 
foreign-invested enterprise. 
 
Representative offices of foreign 
service suppliers are permitted to be established in Viet Nam, but they 
shall not engage in any direct 
profit-making activities
2. 
 
Unless otherwise indicated in each specific sector or sub-sector of this 
Schedule, the establishment of 
branches is unbound.   (3) None, except:   
 
 Eligibility for subsidies may be 
limited to Vietnamese service suppliers, i.e. to juridical persons 
established within the territory of 
Viet Nam, or a part thereof.  The granting of one-time subsidization 
to promote and facilitate the process 
of equitisation is not in breach of this commitment.  Unbound for 
subsidies for Research and 
Development. Unbound for subsidies in the Health, Education 
and Audio-visual sectors.  Unbound 
for subsidies aimed at promoting the 
welfare and employment of ethnic 
minorities.   
 
 
  
 
  
                                                      
1 Business co-operation contract is a document which is signed by two or more parties (of which at least one party must be Vietn amese legal entity and one party must be 
foreign legal entity) and which stipulates the responsibilities of , and the sharing of business results between, the parties fo r the purpose of conducting investment and business in 
Viet Nam without creating a legal entity. 
2 Representative office is a subordinate unit of foreign enterprise s, established under the Vietnamese law in order to seek, pro mote trade and tourism opportunities but is 
not allowed to engage in any direct profit-making activities.  
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 The conditions of ownership, 
operation and juridical form and 
scope of activities as set out in the 
respective licenses or other form of 
approval establishing or authorizing 
the operation or supply of services 
by an existing foreign service 
supplier shall not be made more 
restrictive than they exist as of the 
date of Viet Nam's accession to the 
WTO.  
   
 Foreign-invested enterprises shall 
be permitted by competent 
authorities of Viet Nam to lease the 
land to carry out their investment projects.  The land leasing period 
shall correspond to the time of 
operation of those enterprises and shall be stipulated in their 
investment licenses and shall be 
extended whenever the time of operation of those enterprises is 
extended by competent authorities.  
 
Foreign service suppliers are 
permitted to make capital 
contribution in the form of buying shares of Viet Nam's enterprises.  In 
this case, the total equity held by 
foreign investors in each enterprise 
may not exceed 30% of the 
enterprise's chartered capital unless otherwise provided by Viet Nam's 
laws or authorized by Viet Nam's 
competent authority.      
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 One year after accession, the 30% 
foreign equity limitation for 
acquisition of Vietnamese enterprises shall be eliminated, 
except for capital contribution in 
the form of buying shares of joint-stock commercial banks, and except 
for the sectors not committed in this 
Schedule. For the other sectors and 
sub-sectors committed in this 
Schedule, the level of equity held by foreign investors in acquisition 
of Vietnamese enterprises shall be 
corresponding to the limitations on foreign capital participation set 
forth therein, if any, including the 
limitations in the form of transitional periods, where 
applicable.   
   
(4) Unbound, except measures relating 
to entry and temporary stay of 
natural persons who fall in one of 
the following categories: 
 
(a) Intra-corporate transferees  
 
Managers, executives and 
specialists, as defined hereunder, of 
a foreign enterprise which has 
established a commercial presence 
in the territory of Viet Nam, 
temporarily moving as intra-
corporate transferees  to that 
commercial presence and who have 
been previously employed by the 
foreign enterprise for at least one 
year,  shall be granted entry and a 
stay permit for an initial period of 
three years which may be extended  (4) Unbound, except as indicated in 
market access column.   
subject to the term of operation of    
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 those entities in Viet Nam. At least 
20% of the total number of 
managers, executives and 
specialists shall be Vietnamese 
nationals. However, a minimum of 
3 non-Vietnamese managers, 
executives and specialists shall be 
permitted per enterprise.  
 
Managers and executives are those 
who primarily direct the 
management of the foreign 
enterprises which have established 
commercial presence in Viet Nam, 
receiving only general supervision 
or direction from the board of 
directors or stockholders of the 
business or their equivalent, 
including directing the 
establishment or a department or 
subdivision of the establishment, 
supervising and controlling the 
work of other supervisory, 
professional or managerial 
employees, having the authority 
personally to hire and fire or 
recommend hiring, firing or other 
personnel actions, and who do not 
directly perform tasks concerning 
the actual supply of the services of 
the establishment. 
  
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 Specialists are natural persons 
working within an organization 
who possess knowledge at an 
advanced level of expertise and 
with knowledge of the 
organization's services, research 
equipment, techniques or 
management.  In assessing such 
knowledge, account will be taken 
not only of knowledge specific to 
the commercial pr esence, but also 
of whether the person has a high 
level of skills or qualification 
referring to a type of work or trade 
requiring specific technical 
knowledge.  Specialists may 
include, but are not limited to, 
members of licensed professions.   
  
(b) Other personnel  
 
 Managers, executives and 
specialists, as defined in (a) above, 
who cannot be substituted by 
Vietnamese and who are employed 
outside Viet Nam's territory by a 
foreign enterprise which has 
established a commercial presence 
in the territory of Viet Nam with a 
view to participating in the foreign 
enterprise's activities in Viet Nam, 
shall be granted entry and a stay 
permit in conformity with the term 
of the concerned employment 
contract or for an initial period of 
three years whichever is shorter, 
which may be extended subject to 
the employment contract between 
them and the commercial presence. 
    
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 (c) Service sales persons  
 
 Persons not based in the territory of 
Viet Nam and receiving no 
remuneration from a source located 
within Viet Nam, and who are 
engaged in activities related to 
representing a service provider for 
the purpose of negotiating for the 
sale of the services of that provider 
where:  (i) such sales are not 
directly made to the general public; 
and (ii) the salesperson is not 
directly engaged in supplying the 
service. The stay of these 
salespersons is limited to a 90-day 
period. 
    
 
 (d) Persons responsible for setting up a 
commercial presence  
 
Managers and executives (as 
defined in (a) above) within a 
juridical person, who are 
responsible for the setting up, in 
Viet Nam, of a commercial 
presence of a service provider of a 
Member when (i) these people are 
not engaged in making direct sales 
or supplying services; and (ii) the 
service provider has its principal 
place of business in the territory of 
a WTO Member other than 
Viet Nam and has no other 
commercial presence in Viet Nam. 
The stay of these persons is limited 
to a 90-day period. 
    
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 (e) Contractual service suppliers (CSS)  
 
Natural persons who are employees 
of a foreign enterprise having no 
commercial presence in Viet Nam 
may enter and stay in Viet Nam for 
a period of 90 days or for the 
duration of the contract, whichever 
is less provided that the following 
conditions and requirements shall 
be applied:  
 
 - The foreign enterprise has 
obtained a service contract 
from a Vietnamese enterprise 
engaged in business operation in Viet Nam. The competent 
authority of Viet Nam must be 
able to establish the necessary procedures to guarantee the 
bona fide character of the 
contract.  
 - These persons must possess: 
(a) a university degree or a 
technical qualification document demonstrating 
knowledge of an equivalent 
level; (b) professional 
qualifications where this is 
required to exercise an activity in the sector concerned 
pursuant to the laws and 
regulations of Viet Nam; and (c) at least 5 years of 
professional experience in the 
sector.  
 - The number of these persons 
covered by the service contract 
shall not be larger than necessary to fulfil the contract, 
as it may be decided by the     
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 laws and regulations and 
requirement of Viet Nam.  
 - These persons should have 
been employed by the foreign 
enterprise having no 
commercial presence in Viet Nam for a period of no 
less than 2 years and have met 
the requirements prescribed for 
"specialist" above.  
 The entry of these persons is allowed for 
computer and related services 
(CP 841-845, 849) and engineering services (CPC 8672).    
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II. SECTOR-SPECIFIC COMMITMENTS 
1. BUSINESS SERVICES    
A. Professional Services     
(a) Legal services  
(CPC 861, excluding: 
 - participation in legal 
proceedings in the capacity of 
defenders or representatives of their clients before the courts 
of Viet Nam; 
-  legal documentation and 
certification services of the 
laws of Viet Nam) 
 (1) None. 
(2) None. 
(3) Foreign lawyers organizations
3 are 
permitted to establish commercial 
presence in Viet Nam in the 
following forms:  
 
- Branches of  foreign lawyers 
organizations; 
- Subsidiaries of foreign lawyers 
organizations; 
- Foreign law firms4; 
- Partnerships between foreign 
lawyers organizations and 
Viet Nam's law partnerships. 
 
 Commercial presences of foreign 
lawyers organizations 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. 
 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. 
(3) None.   
 
  
 
  
 
  
 
 
 
  
 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.  
 
  
                                                      
3 A "foreign lawyers organization" is an organization of practicing lawyers established in any commercial corporate form in a fo reign country (including firms, 
companies, corporations, etc.) by one or more foreign lawyers or law firms.   
4 Foreign law firm is an organization established in Viet Nam by one or more foreign lawyers organizations for the purpose of pr acticing law in Viet Nam.    
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(b) Accounting and auditing and 
bookkeeping services  
 (CPC 862) (1) None. 
(2) None. 
(3) None. (4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. 
(3) None. (4) Unbound, except as indicated in the 
horizontal section.  
(c)  Taxation services  
 (CPC 863)  (1) None. 
(2) None. 
(3) None, except: 
  For the period of 1 year from the 
date of accession, the licensing shall 
be made on the case by case basis and the number of service providers 
shall be decided by Ministry of 
Finance subject to the need and development scope of Viet Nam's 
market
5. 
  
 For the period of 1 year from the 
date of accession, foreign-invested enterprises providing taxation 
services are only permitted to 
supply services to foreign-invested enterprises and foreign funded 
projects in Viet Nam. 
 (4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. 
(3) None. 
  
 
  
 
  
 
 
 
  
 
  
 
 (4) Unbound, except as indicated in the 
horizontal section.  
                                                      
5 The main criteria include the number and the operation of enterprises in the market and their impact on the stability of the m arket and the economy.  
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(d) Architectural services  
 (CPC 8671) (1) None. 
(2) None. 
(3) None, except:  
 For the period of 2 years from the 
date of WTO accession, 100% foreign-invested enterprises may 
only provide services to foreign-
invested enterprises in Viet Nam.  
 Foreign enterprises have to be 
juridical persons of a WTO Member.  
 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. 
(3) None.   
 
  
 
 
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.  
(e) Engineering services  
 (CPC 8672) 
 
(f) Integrated engineering services  
 (CPC 8673) (1) None. 
(2) None. 
(3) None, except: 
 
 For the period of 2 years from the 
date of WTO accession, 100% 
foreign-invested enterprises may 
only provide services to foreign-invested enterprises in Viet Nam. 
 Foreign enterprises have to be 
juridical persons of a WTO Member.  
 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) 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 authorization of the Government of Viet Nam
6. 
 
(4) Unbound, except as indicated in the 
horizontal section.  
                                                      
6 For greater transparency, this commitment allows the maintenance or adoption of limitations or restrictions for national secur ity and public order reasons that would be 
justified under Article XIV and Article XIV bis of the GATS.  
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(g) Urban planning and urban landscape 
architectural services  
 (CPC 8674) (1) None. 
 
  
 
  
 
(2) None. 
(3) None, except: 
  After 2 years from the date of 
accession, 100% foreign-invested 
enterprises may be established.  
 For the period of 2 years from the 
date of WTO accession, 100% 
foreign-invested enterprises may only provide services to foreign-
invested enterprises in Viet Nam. 
 Foreign enterprises have to be 
juridical persons of a WTO 
Member.   
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None, except the service must be 
authenticated by an architect who 
has appropriate practicing certificate working in a Vietnamese 
architectural organization which has 
juridical entity status, and comply with relevant laws and regulations 
of Viet Nam. 
(2) None. 
(3) None, except the responsible  foreign 
architects working in foreign-invested enterprises must have the 
professional practicing certificate 
granted or recognized by the Government of Viet Nam. 
 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 service
7.  
 
(4) Unbound, except as indicated in the 
horizontal section.  
(i) Veterinary services   
 (CPC 932)8 (1) None. 
(2) None. (3) Access is granted to natural persons 
exclusively for the conduct of 
private professional practice and under the authorization by the 
veterinary authorities.  
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. (3) None. 
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.  
                                                      
7 For greater transparency, this commitment allows the maintenance or adoption of limitations or restrictions for national secur ity and public order reasons that would be 
justified under Article XIV and Article XIV bis of the GATS. 
8 Excluding keeping micro-organism strain for veterinary.  
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B. Computer and Related Services 
 (CPC 841-845, CPC 849)    
 (1) None. 
(2) None. (3) None, except: 
 
 For the period of 2 years from the 
date of WTO accession, 100% 
foreign-invested enterprises may 
only provide services to foreign-invested enterprises in Viet Nam.   
 
 After 3 years from the date of 
accession, branching is allowed.   
 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. (3) None, except that the chief of the 
branch has to be a resident in 
Viet Nam. 
 
 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.  
C. Research and Development Services     
(a) R&D services on natural sciences 
 (CPC 851) (1) None. 
(2) None. (3) None. 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. (3) None. 
(4) Unbound, except as indicated in the 
horizontal section.   
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E. Rental/Leasing Services without 
 Operators     
(b) Relating to aircraft  
 (CPC 83104)   
 (1) None. 
(2) None. (3) None. 
(4) Unbound, except as indicated in the 
horizontal section. (1) None. 
(2) None. (3) None. 
(4) Unbound, except as indicated in the 
horizontal section. 
  
(d) Relating to other machinery and 
equipment  
 (CPC 83109) (1) Unbound, except for industrial 
machinery and equipment9:  None. 
(2) None. 
(3) Unbound. 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) Unbound, except for industrial 
machinery and equipment:  None. 
(2) None. 
(3) Unbound. 
(4) Unbound, except as indicated in the 
horizontal section.  
                                                      
9 Excluding mining and oil field equipment; commercial radio, television and communication equipment.  
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F. Other Business Services     
(a) Advertising services  
 (CPC 871, excluding advertising for 
cigarettes) (1) None. 
(2) None. 
(3) None, except:  
 Upon accession, foreign service 
suppliers are permitted to establish joint venture or business 
cooperation co ntract with 
Vietnamese partners who are legally authorized to do advertising 
services.  
  Upon accession, joint ventures shall 
be allowed with foreign capital 
contribution not exceeding 51% of the legal capital of the joint venture. 
As of 1 January 2009, there shall be 
no limitation on foreign capital 
contribution in the joint ventures. 
 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. 
(3) None.  
 
  
 
  
 
  
 
  
 
 
 
 (4) Unbound, except as indicated in the 
horizontal section. The advertising for wines and spirits shall 
be subject to State regulations, which are 
applied on a non-discriminatory basis.  
(b) Market research services  
 (CPC 864, excluding 86402) (1) None. 
(2) None. 
(3) None, except:  
 Upon accession joint ventures shall 
be allowed with foreign capital contribution not exceeding 51% of 
the legal capital of the joint venture. 
As of 1 January 2009, 100% foreign-invested enterprises shall be 
permitted.  
 (4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. 
(3) None.  
 
  
 
  
 
 (4) Unbound, except as indicated in the 
horizontal section.   
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(c) Management consultant services 
(CPC 865) (1) None. 
(2) None. 
(3) None.  After 3 years from the date of 
accession, branching is allowed.   
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. 
(3) None, except that the chief of the 
branch has to be a resident in 
Viet Nam.   
(4) Unbound, except as indicated in the 
horizontal section.  
(d)  Services related to management 
consulting  
 
- CPC 866, except CPC 86602 
- Arbitration and conciliation 
services for commercial disputes 
between businesses  
  (CPC 86602**) (1) None. 
(2) None. (3) None, except that:  
 
 After 3 years from the date of 
accession, branching is allowed. 
 
 For CPC 866 except CPC 86602: 
for the period of 1 year from the 
date of accession: only in the form 
of joint venture or business 
cooperation contract. Thereafter: 
none. 
 
 For Arbitration and conciliation 
services for commercial disputes between businesses (CPC 86602**): 
for the period of 3 years from the 
date of accession: unbound.  Thereafter: none.  
 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. (3) None, except  that the chief of the 
branch has to be a resident in 
Viet Nam.   
 
 
  
 
 
 
  
 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.   
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(e) Technical testing and analysis 
services  
 (CPC 8676, excluding conformity 
testing of transport vehicles and 
certification of transport vehicles) (1) Unbound. 
(2) None. 
(3) None, except where Viet Nam 
allows 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. 
 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. 
(3) None.  
 
  
 
 
 
  
 
  
 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.     
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(f) Services incidental to agriculture, 
hunting and forestry  
 (CPC 881)10  (1) None. 
(2) None. 
(3) None, except:  
 Only in the form of joint-venture or 
business co-operation contract.  Foreign capital contribution may not 
exceed 51% of the legal capital of 
the joint venture. 
 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. 
(3) None, except:  
 Access to certain geographical areas 
may be restricted.
11  
 
 
 
 
(4) Unbound, except as indicated in the 
horizontal section.   
                                                      
10 Excluding services relating to investigation, evaluation and ex ploitation for natural forest including exploitation of woods a nd wild, rare and precious animals hunting 
and trapping, aerial photographing, aerial seed planting and aeria l chemicals spraying and dusting , micro-bial plant, animal ge netic resource in agriculture.  For the avoidance of 
ambiguity, animal husbandry and the improvement of breeding stock are included in this commitment. 
11 For greater transparency, this allows the maintenance or adoption of limitations or restrictions for national security and pub lic order reasons in accordance with 
Article XIV and Article XIV bis of the GATS.  
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(h)  Services incidental to mining 
 (CPC 883) 
 1.  The commitments specified 
hereunder are not understood to 
cover the following activities: supply of equipment, materials and 
chemicals, supply base services, 
offshore/marine support vessels, 
accommodation and catering, 
helicopter services. 
2.  The commitments specified 
hereunder are made without 
prejudice to the rights of the Government of Viet Nam to set out 
the necessary regulations and 
procedures to regulate the oil and gas related activities carried out 
within the territory or jurisdiction of 
Viet Nam in full conformity with the rights and obligations of 
Viet Nam under the GATS.  
  
 
(i) Services incidental to manufacturing  
(CPC 884 and 885) (1) None, except: companies without a 
commercial presence may be 
required to be registered with the competent authority of the 
Government of Viet Nam under the 
terms outlined in Viet Nam's applicable laws. 
(2) None. 
(3) None, except:  
 
 Upon accession, joint ventures with 
foreign capital contribution not 
exceeding 49% shall be permitted. 
After 3 years from the date of accession, this limitation shall be 
51%.  Two years thereon, 100% 
foreign-invested enterprises shall be permitted.  
 
(4) Unbound, except as indicated in the 
horizontal section. 
 
  
 
(1) None. (2) None. 
(3) None, except:  
 
 After 3 years from the date of 
accession, only joint ventures with foreign capital contribution not 
exceeding 50% shall be permitted.  
Five years thereon: 100% foreign-invested enterprises shall be 
permitted.  
 (4) Unbound, except as indicated in the 
horizontal section.  
 (1) None, except as indicated in market 
access column.  
  
 
  
(2) None. 
(3) None, except as indicated in the 
market access column.  
  
 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section. 
 
  
 
(1) None. (2) None. 
(3) Unbound. 
 
 
  
 
  
 
 (4) Unbound, except as indicated in the 
horizontal section.
    
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(m) Related scientific and technical 
consulting services12 
(CPC 86751, 86752 and 86753 only)  
 (1) None, except: companies without a 
commercial presence  may be 
required to be registered with the competent authority of the 
Government of Viet Nam under the 
terms outlined in Viet Nam's applicable laws.  
(2) None. 
(3) None, except: 
 
 Upon accession, joint ventures with 
foreign capital contribution not 
exceeding 49% shall be permitted. 
After 2 years from the date of accession, this limitation shall be 
51%.  Two years thereon, 100% 
foreign-invested enterprises shall be permitted. 
 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None, except as indicated in the 
market access column. 
  
 
  
(2) None. 
(3) None, except as indicated in the 
market access column.  
  
 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.   
(n) Maintenance and repair of 
equipment (not including maritime vessels, aircraft or other transport 
equipment)  
(CPC 633) (1) None. 
(2) None. (3) None, except:  
 Upon accession, joint ventures with 
foreign capital contribution not exceeding 49% shall be permitted. 
After 3 years from the date of 
accession, this limitation shall be 51%. Two years thereon, 100% 
foreign-invested enterprises shall be 
permitted.  
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. (3) None, except as indicated in the 
market access column.  
  
 
  
 
 (4) Unbound, except as indicated in the 
horizontal section.  
 
                                                      
12 The supply of services related to prosp ecting, surveying, exploration and exploitati on is subject to the applicable laws and r egulations of Viet Nam.    
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2. COMMUNICATION SERVICES     
B. Courier Services (CPC 7512**)  
 
*  Express delivery services13, i.e. 
services consisting of collection, sorting, transport and delivery, whether for 
domestic or  foreign destination, of: 
(a) Written communication
14, on any 
kind of physical medium, including: 
 - Hybrid mail service;  - Direct mail. 
 Except for the handling of items of 
written communication the price of which is less than: 
 - 10 times the tariff for the 
handling of a standard domestic letter in the first weight level for 
domestic shipments; 
 - US$9 for international 
shipments; 
 provided that the gross weight of 
these items is less than 2,000 grams. 
 
(b) Parcels
15 and other goods. 
* Handling of non-addressed items. (1) None.16  
(2) None. 
(3) None, except that foreign ownership 
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 
horizontal section. (1) None. 
(2) None. 
(3) None. 
  
 
 
 
  
 
(4) Unbound, except as indicated in the 
horizontal section. Services and services suppliers of any 
other Member shall be accorded 
treatment no less favourable than the 
treatment accorded to the Vietnamese Post Office or its subsidiaries for its 
competitive activities. 
                                                      
13 Express delivery services may include, in addition to greater speed and reliability, value added elements such as collection f rom point of origin, personal delivery to 
addressee, tracing and tracking, possibility of changing the destination and address in transit, confirmation of receipt.   
14 Written communication includes letters, postcards, hand writings, or printed matters such as books, newspapers, periodicals, m agazines, or commercial documents 
such as bills and invoices, etc. 
15 Books, catalogues are included hereunder. 
16 The cross-border supply of service can be  performed in association with a local service provider for the collection or deliver y.  
  
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C. 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 pu rpose of these commitments, a "non-facilities based service suppl ier" means a service supplier which does not 
own transmission capacity but cont racts for such capacity including  submarine cable capacity, incl uding on a long-term basis, f rom a facilities-based supplier. A non facilities-
based supplier is not otherwise excluded from owning telecommunications equipment within their premises and permitted public se rvice provision points (POP).  
Basic telecommunication services  
 
(a) Voice telephone services  
 (CPC 7521)   
(b) Packet-switched data transmission 
services 
 (CPC 7523**)  
 
(c) Circuit-switched data transmission 
services  
 (CPC 7523**) 
 
(d) Telex services  
 (CPC 7523**)   
(e) Telegraph services  
 (CPC 7523**)  
(f) Facsimile services  
 (CPC 7521** + 7529**)  
(g) Private leased circuit services  
 (CPC 7522** + 7523**) (1) None, except:  
 
 Wire-based and mobile terrestrial 
services :  Service must be offered 
through commercial 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: 
 (1) None. 
 
 
  
 
  
 
  
 
 
 
 Viet Nam undertakes the obligations in 
the Reference Paper attached hereto.  
 
For consortium submarine cable links where Viet Nam is member, foreign 
service suppliers shall be permitted to 
control fully-owned submarine cable transmission capacity (e.g. IRU or 
consortium ownership) terminating at a 
licensed cable landing station in Viet Nam, and to provide such capacity 
to international facilities-based service 
suppliers licensed in Viet Nam. 4 years 
after accession foreign service suppliers 
shall be permitted to provide such  capacity to international VPN and IXP 
service suppliers licensed in Viet Nam.  
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(o*)  Other services 
 
- 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 - Upon accession : off-shore/on 
sea based business customers, 
government institutions, facilities-based service 
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.  
 
(2) None. 
(3) None, except:  
  
 
  
 
  
 
 
 
  
 
  
 
  
(2) None. 
(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.  
  
  
 
  
 
  
 
  
 
  
                                                      
17 Broadcasting is defined as the uninterrupted chain of transmission required for the distribution of TV and radio programme sig nals to the general public, but does not 
cover contribution links between operators. 
18 Services providing internet access service (IAS) suppliers with  connection between them and to the international Internet back bone. 
19 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.  
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 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 
horizontal section. 
  
 
  
 
  
 
 
 
  
 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.  
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Basic telecommunication services  
 
(o*) Other services  
-  Virtual Private Network (VPN)
20 (1) None, except:   
 Wire-based and mobile terrestrial 
services:   Service must be offered 
through commercial 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 service 
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; (1) None. 
 
  
 
  
 
 
 
  
 
 Viet Nam undertakes the obligations in 
the Reference Paper attached hereto. 
 For consortium submarine cable links 
where Viet Nam is member, foreign 
service suppliers shall be permitted to control fully-owned submarine cable 
transmission capacity (e.g. IRU or 
consortium ownership) terminating at a 
licensed cable landing station in 
Viet Nam, and to provide such capacity to international facilities-based service 
suppliers licensed in Viet Nam. 4 years 
after accession foreign service suppliers shall be permitted to provide such 
capacity to international VPN and IXP 
service suppliers licensed in Viet Nam. 
                                                      
20 Services, provided on commercial terms, establishing and managing a private network over public (shared) networks for the purp ose of carrying out, on a non-profit 
basis, voice and data telecommunications between members of a closed user group defined prior to the creation of the VPN.  Such  group may include a corporate group or 
organization, or a group of legal entities with an established relationship affiliated through the pursuit of a common interest .  Initial members of a closed user group using VPN 
service must be listed in a dialling or routing plan approved by  the Competent Authority and subject to its oversight.  VPN ser vice suppliers shall notify to the Competent 
Authority changes of membership at least two working weeks prior to actually commenci ng commercial service and can commence com mercial service provided that no 
objection from the Competent Authority is issued during these tw o weeks.  Members are not allowed to resell VPN services to una ffiliated third parties.  Virtual private networks 
are not allowed to carry/transfer traffic of/between unaffiliated third parties.  VPN services can be offered by licensed forei gn-invested service suppliers bundled with Internet 
access service and value-added se rvices from (h) to (n).  
  
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  - Three years after accession: 
multinational companies19, 
which are licensed to use satellite-earth stations. 
(2) None.  
(3) None, except: 
 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. 
 
(4) Unbound, except as indicated in the 
horizontal section. 
  
 
  
(2) None. 
(3) None.  
 
 
 
  
 
  
 
  
 
  
(4) Unbound, except as indicated in the 
horizontal section.   
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Value-added services  
 
(h) Electronic mail   (CPC 7523 **) 
 
(i) Voice mail   (CPC 7523 **) 
 
(j) On-line information and database 
retrieval   
 (CPC 7523**)  
(k) Electronic data interchange (EDI)  
 (CPC 7523**)  
(l) Enhance/value-added facsimile 
services, incl store and forward, store and retrieve  
 (CPC 7523**) 
 (m) Code and protocol conversion 
 
(n) On-line information and data 
processing (incl. transaction 
processing)  
 (CPC 843**)  (1) None, except:  
 
 Wire-based and mobile terrestrial 
services:  Service must be offered 
through commercial 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 service 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. (1) None. Viet Nam undertakes the  
obligations in the Reference Paper 
attached hereto.   
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 (2) None.  
(3) None, except: 
 
 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 
horizontal section. 
 (2) None. 
(3) None. 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
  
 
 
 
  
 
  
(4) Unbound, except as indicated in the 
horizontal section.   
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Value added services  
 
(o) Other  
- Internet Access Services IAS
21 (1) Wire-based and mobile terrestrial 
services:   None, except:  Service 
must be offered through commercial 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. (1) None. 
 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
  
 
  
 Viet Nam undertakes the obligations in 
the Reference Paper attached hereto. 
                                                      
21 Services providing internet access to the end users.  
  
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 (2) None. 
(3) Non facilities-based services: 
 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. 
 
(4) Unbound, except as indicated in the 
horizontal section. 
 (2) None. 
(3) None. 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.    
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D. Audiovisual Services   
 
 With regard to motion picture  production, distribution and 
 projection services, all films must 
 have their content censored by Viet  Nam's competent authorities.   
    
(a) Motion picture production  
 (CPC 96112, excl. video tape)  (1) Unbound. 
(2) Unbound. (3) Only in the forms of business 
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 
horizontal section. 
 (1) Unbound. 
(2) Unbound. (3) None. 
 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.  
- Motion picture distribution  
(CPC 96113, excl. video tape) 
  (1) Unbound. 
(2) None.   
(3) Only through business cooperation 
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. 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) Unbound. 
(2) None.  
(3) None.  
 
  
 
  
(4) Unbound, except as indicated in the 
horizontal section.   
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(b) Motion picture projection service 
(CPC 96121)  (1) Unbound. 
(2) None. 
(3) Only through business cooperation 
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 
horizontal section. 
 (1) Unbound. 
(2) None.  
(3) None.  
 
  
 
 
 
  
 
  
 
  
(4) Unbound, except as indicated in the 
horizontal section.  
(e) Sound recording  (1) Unbound. 
(2) None. 
(3) Unbound. (4) Unbound, except as indicated in the 
horizontal section. 
 (1) Unbound. 
(2) None. 
(3) Unbound. (4) Unbound, except as indicated in the 
horizontal section.  
 
  
  
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3. CONSTRUCTION AND     
 RELATED ENGINEERING 
 SERVICES      
A. General construction work for 
building  
 (CPC 512)  
B. General construction work for civil 
engineering    
 (CPC 513) 
 
C. Installation and assembly work   
(CPC 514, 516) 
 
D. Building completion and finishing 
work    
 (CPC 517) 
 
E. Other  
 (CPC 511, 515, 518) (1) Unbound.* 
(2) None. 
(3) None, except:  
 For the period of 2 years from the 
date of accession, 100% foreign-invested enterprises could only 
provide services to foreign-invested 
enterprises and foreign-funded projects in Viet Nam. 
 
 Foreign enterprises have to be 
juridical persons of a WTO 
Member.   
 
 After 3 years from the date of 
accession, branching is allowed. 
 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) Unbound.
* 
(2) None. 
(3) None, except that the chief of the 
branch has to be a resident in 
Viet Nam. 
  
 
  
 
  
 
 
 
  
(4) Unbound, except as indicated in the 
horizontal section.  
                                                      
* Due to lack of technical feasibility. 
  
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4. DISTRIBUTION SERVICES 
    
Measures applicable to  all sub-sectors in 
Distribution Services : 
 
Cigarettes and cigars, books, 
newspapers and magazines, video records on whatever medium, 
precious metals and stones, 
pharmaceutical products and drugs
22, explosives, processed oil 
and crude oil, rice, cane and beet 
sugar are excluded from the commitments. 
    
A. Commission agents' services  
 (CPC 621, 61111, 6113, 6121) 
  
B. Wholesale trade services  
 (CPC 622, 61111, 6113, 6121) 
 C. Retailing services 
 
 (CPC 631 + 632, 61112, 6113, 
6121)23 (1) Unbound, except none for: 
-  Distribution of products for 
personal use; 
-  Distribution of legitimate 
computer software for personal 
and commercial use. 
(2) None. 
(3) None, except: 
 A joint venture with a Vietnamese 
partner(s) is required, and foreign 
capital contribution shall not exceed 
49%.  As of 1 January 2008, the 49% capital limitation shall be 
abolished.  As of 1 January 2009, 
none.  
 
 (1) Unbound, except as indicated in 
Mode 1, market access column.  
 
 
 
 (2) None. 
(3) None. 
  
                                                      
22 For the purposes of th is schedule "pharmaceuticals and dr ugs" do not include non-pharmaceuti cal nutritional supplements in tab let, capsule or powdered form. 
23 For transparency purposes, this commitmen t 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 effo rt and for sales support servi ces that result in additional sales by other contracted distributors.  
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  Upon accession, 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 except for: 
cement and cement clinkers; tyres 
(excluding tyres of airplanes); 
papers; tractors; motor vehicles; 
cars and motorcycles; iron and steel; audiovisual devices; wines and 
spirits; and fertilizers. 
   
  As of 1 January 2009, foreign-
invested companies engaging in distribution services will be 
permitted to engage in the  
commission agents', wholesale and 
retail business of tractors; motor 
vehicles; cars and motorcycles. 
 Within 3 years of Viet Nam's 
accession, 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)
24.  
 
(4) Unbound, except as indicated in the 
horizontal section. 
  
  
 
 
 
  
 
  
 
  
 
  
 
  
(4) Unbound, except as indicated in the 
horizontal section.  
                                                      
24 Applications to establish more than one outlet shall be subject  to pre-established publicly av ailable 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 mar ket and geographic scale.    
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D. Franchising services  
 (CPC 8929) (1) (2) None. 
(3) None, except a joint venture with a 
Vietnamese partner(s) is required, and foreign capital contribution 
shall not exceed 49%.  As of 
1 January 2008, the 49% capital limitation shall be abolished.  As of 
1 January 2009, none.    
 After 3 years from the date of 
accession, branching is allowed. 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) (2) None. 
(3) None, except that the chief of the 
branch has to be a resident in Viet Nam. 
 
  
 
 
 
(4) Unbound, except as indicated in the 
horizontal section.  
5. 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. 
     
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B. Secondary education services  
 (CPC 922)    (1) Unbound. 
(2) None. 
(3) Unbound. (4) Unbound, except as indicated in the 
horizontal section. 
 (1) Unbound. 
(2) None. 
(3) Unbound. (4) Unbound, except as indicated in the 
horizontal section.  
C. Higher education services  
 (CPC 923) 
 
D. Adult education  
 (CPC 924) 
 
E. Other education services  
 (CPC 929 including foreign 
language training) (1) Unbound. 
(2) None. 
(3) None, except:  
  Upon accession, only  in the form of 
joint-ventures.  Majority foreign 
ownership of such joint ventures is allowed.  As of 1 January 2009, 
100% foreign-invested education 
entities are permitted. 
 
 After 3 years from the date of 
accession: none.  
 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) Unbound. 
(2) None. 
(3) Foreign teachers who wish to work 
in foreign-invested schools shall have at least 5 years of teaching 
experience, and their qualifications 
shall be recognized by the competent authority.  
 
  
 
 
 
(4) Unbound, except as indicated in the 
horizontal section.     
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6. ENVIRONMENTAL SERVICES 
 
 Access to certain geographic areas may be restricted for national security 
reasons
25. 
    
A. Sewage Services   
 (CPC 9401) (1) Unbound, except related consulting 
services.  
(2) None. 
(3) None, except:  
Confirming that services supplied in 
the exercise of governmental 
authority as defined in Article I:3(c) may be subject to public monopolies 
or exclusive rights granted to private 
operators.  
 Upon accession joint ventures 
with foreign capital contribution 
not exceeding 51 % are allowed 
during 4 years after accession. After that, none.  
 
(4) Unbound, except as indicated in 
the horizontal section. 
 (1) Unbound, except related consulting 
services. 
(2) None. 
(3) None.  
 
 
  
 
  
 
 
 
  
 
(4) Unbound, except as indicated in 
the horizontal section. Foreign companies are allowed to do 
business activities in Viet Nam in the 
form of build-operate-transfer (BOT) and 
build-transfer-operate (BTO).  
                                                      
25 For greater transparency, this commitment allows the maintenance or adoption of limitations or restrictions for national secur ity reasons that would be justified under 
Article XIV and Article XIV bis of the GATS.  
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B. Refuse disposal services  
 (CPC 9402) 26  (1) Unbound, except related consulting 
services.  
(2) None. (3) None, except: 
 Confirming that services supplied in 
the exercise of governmental authority as defined in Article I:3(c) 
may be subject to public 
monopolies or exclusive rights 
granted to private operators.  
Foreign ownership is limited to 51 % during 4 years after accession.  
After that, none.  
 For the purpose of ensuring public 
welfare, foreign-invested 
enterprises are restricted from (1) None.  
 
(2) None. (3) None.  
 
  
 
 
 
  
 
  Foreign companies are allowed to do 
business activities in Viet Nam in the 
form of build-operate-transfer (BOT) and build-transfer-operate (BTO).   
 collecting refuse directly from 
households.  They are only 
permitted to provide services at the 
refuse collection points as specified 
by local municipal and provincial authorities.  
 
(4) Unbound, except as indicated in the 
horizontal section. 
  
 
 
 
  
 
(4) Unbound, except as indicated in 
the horizontal section.  
                                                      
26 Import of refuse is forbidden by law. Treatment and disposal of hazardous waste is regulated by Law.  
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D. Other services  
 
-  Cleaning services of exhaust gases   (CPC 94040) and noise abatement 
services (CPC 94050) (1) Unbound, except related consulting 
services. 
(2) None. (3) None, except: 
 Confirming that services supplied in 
the exercise of governmental authority as defined in Article I:3(c) 
may be subject to public 
monopolies or exclusive rights 
granted to private operators.  
Foreign ownership is limited to 51 % during 4 years after accession.  
After that, none.   
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) Unbound, except related consulting 
services. 
(2) None. (3) None. 
 
  
 
 
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.  
- Environmental impact assessment 
services 
(CPC  94090*)   (1) None.  
(2) None. 
(3) None, except that foreign ownership 
is limited to 51% during 4 years 
after accession.  After that, none. 
(4) Unbound, except as indicated in the 
horizontal section. 
 (1) None. 
(2) None. 
(3) None. 
 
 (4) Unbound, except as indicated in the 
horizontal section.   
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7. FINANCIAL SERVICES 
    
A. Insurance and Insurance-Related 
Services  
 
a. Direct insurance  
  (a) Life insurance, excl. health 
insurance services  
 (b) Non-life insurance services   
b. Reinsurance and retrocession  
 c. Insurance intermediation (such as 
brokerage and agency)  
 d. Services auxiliary to insurance 
(such as consultancy, actuarial, risk 
assessment and claim settlement)  (1) None for: 
  - Insurance services provided to 
enterprises with foreign-invested 
capital, foreigners working in Viet Nam; 
 - Reinsurance services; 
 - Insurance services in 
international transportation, 
including insurance of risks 
relating to: 
 
 + international maritime transport 
and internationa l commercial 
aviation, with such insurance to 
cover any or all of the 
following: the goods being 
transported, the vehicle 
transporting the goods and any liability arising there-from; and (1) None. 
  
 
  
 
  
 
  
 
  
  
  + goods in international transit; 
  - Insurance broking and 
reinsurance broking services; 
 - Consultancy, actuarial, risk 
assessment and claim settlement 
services.  
  
 
  
   
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 (2) None. 
(3) None, except:  
  100% foreign-invested insurance 
enterprises shall not be allowed to 
engage in statutory insurance business, including motor vehicle 
third party liability, insurance in 
construction and installation, 
insurance for oil and gas projects, 
and insurance for projects and construction works of high danger 
to public security and the 
environment.  As of 1 January 2008, this limitation shall be abolished.  
 
 After 5 years from the date of 
accession, non-life branches of 
foreign insurance enterprises shall 
be permitted, subject to prudential regulations.  
 
(4) Unbound, except as indicated in the 
horizontal section.  (2) None. 
(3) None. 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.   
  
 
  
 
  
 
 
  
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B. Banking and Other Financial  Services  
  
 Commitments with respect to banking and ot her financial services are undertaken in accordance with relevant laws and regulatio ns promulgated by competent authorities 
of Viet Nam to ensure the consistency with Article VI of th e GATS and Para 2 (a) of the Annex on Financial Services.   
 
 As a general rule and on a non-discriminatory basis, the offer of banking and other financial services or products is subject to relevant institutional and juridical form 
requirements. 
 
(a) Acceptance of deposits and other 
repayable funds from the public 
 
(b) Lending of all types, including 
consumer credit, mortgage credit, factoring and financing of 
commercial transaction  
 (c) Financial leasing  
 
(d) All payment and money 
transmission services, including 
credit, charge and debit cards, travellers' cheques and bankers 
drafts  
 (e) Guarantees and commitments  
 
(f)     Trading for own account or for 
account of customers, whether on an 
exchange, in an over-the-counter 
market or otherwise, the following: 
 
- Money market instrument 
(including cheques, bills, certificates of deposits); 
 (1) Unbound, except B(k) and B(l). 
(2) None. (3) None, except:  
 
(a) Foreign credit institutions are only 
permitted to establish commercial 
presence in Viet Nam in the 
following forms: 
 (i) With respect to foreign 
commercial banks: 
representative office, branch of 
foreign commercial bank, 
commercial joint venture bank with foreign capital contribution 
not exceeding 50% of chartered 
capital, joint venture financial leasing company, 100% foreign-
invested financial leasing 
company, join venture finance company and 100% foreign-
invested finance company, and, 
beginning on 1 April 2007, 100% foreign-owned banks are 
permitted. 
 (1) Unbound, except B(k) and B(l). 
(2) None.  (3) None, except: 
  
(a) The conditions for the  
establishment of a branch of a 
foreign commercial bank in 
Viet Nam: 
 
- The parent bank has total assets of 
more than US$20 billion at the end 
of the year prior to application.  
    
 
  
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- Foreign exchange; 
- Exchange rate and interest rate 
instrument incl products such as swaps, forward rate agreements; 
-       Bullion. 
 (h) Money broking 
  (ii) With respect to foreign finance 
companies: representative 
office, joint venture finance company, 100% foreign-
invested finance company, joint 
venture financial leasing company and 100% foreign-
invested financial leasing 
company.   
(i) Asset management, such as cash or 
portfolio management, all forms of 
collective investment management, 
pension fund management, custodial, depository and trust 
services 
 (j) Settlement and clearing services for 
financial assets, including securities, 
derivative products, and other 
negotiable instruments 
 (k) Provision and transfer of financial 
information, and financial data 
processing and related software by suppliers of other financial services  
 
(l) Advisory, intermediation and other 
auxiliary financial services on all 
activities listed in subparagraphs 
from (a) to (k), including credit reference and analysis, investment 
and portfolio research and advice, 
advice on acquisitions and on corporate restructuring and strategy 
 
  (iii)  With respect to foreign 
financial leasing companies: 
representative office, joint 
venture financial leasing company and 100% foreign-
invested financial leasing 
company. 
 
(b) During 5 years from the date of 
accession, Viet Nam may limit the 
right of a foreign bank branch to 
accept deposits in Vietnamese Dong from Vietnamese natural persons 
with which the bank does not have a 
credit relationship to a ratio of the branch's paid-in capital according to 
the schedule below: 
 
- 1 January 2007: 650%  
of legal paid-in capital; 
- 1 January 2008: 800%  
of legal paid-in capital; 
- 1 January 2009: 900% 
 of legal paid-in capital; 
- 1 January 2010: 1,000%  
of legal-paid-in capital; 
- 1 January 2011:  Full national 
treatment.  
 
 
  
 
  
(b) The conditions for the establishment 
of a joint venture bank or a 100% 
foreign-owned bank: 
 - The parent bank has total assets of 
more than US$10 billion at the end 
of the year prior to application.   
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 (c) Equity participation: 
 
 (i) Viet Nam may limit equity 
participation by foreign credit 
institutions in equitized 
Vietnamese state-owned banks to the same level as equity 
participation by Vietnamese 
banks.   
 (ii) For capital contribution in the 
form of buying shares, the total equity held by foreign 
institutions and individuals in 
each Viet Nam's joint-stock commercial bank may not 
exceed 30% of the bank's 
chartered capital, unless otherwise provided by 
Viet Nam's laws or authorized 
by a Viet Nam's competent authority.   
 
(d) A branch of foreign commercial 
bank:  
 
 - is not allowed to open other 
transaction points outside its 
branch office. 
 
(e) Upon accession, foreign credit 
institutions are allowed to issue credit cards on a national treatment 
basis. 
 (4) Unbound, except as indicated in the 
horizontal section.   
 (c) The conditions for the establishment 
of a 100% foreign-invested finance 
company or a joint venture finance company, a 100% foreign-invested 
financial leasing company or a joint-
venture financial leasing company: 
 
- The foreign credit institution has 
total assets of more than 
US$10 billion at the end of the year 
prior to application.  
 
 
  
 
  
 
  
 
  
 
  
 
 
 
  
 
 (4) Unbound, except as indicated in the 
horizontal section.     
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C. Securities  
 
(f) Trading for own account or for 
account of customers, whether on an 
exchange, in an over-the-counter 
market or otherwise, the following: 
 - Derivative products incl. futures 
and options; 
 - Transferable securities; 
 - Other negotiable instruments 
and financial assets, excluding bullion. 
 
(g) Participation in issues of all kinds of 
securities incl. under-writing and 
placement as an agent (publicly or 
privately), provision of services related to such issues 
 
(i) Asset management, such as 
portfolio management, all forms of 
collective investment management, 
pension fund management, custodial depository and trust services 
 
(j) Settlement and clearing services for 
securities, derivative products, and 
other securities-related instruments 
 
(k) Provision and transfer of financial 
information, and related software by suppliers of  securities services 
 
(l) Advisory, intermediation and other 
auxiliary securities-related 
excluding (f), including investment 
and portfolio research and advice, advice on acquisitions and on 
corporate restructuring and strategy 
(for other services under (l), refer to (l) under banking sector) (1) Unbound, except services C(k) and 
C(l). 
(2) None. (3) Upon accession, foreign securities 
service suppliers shall be permitted 
to establish representative offices and joint ventures with Vietnamese 
partners in which foreign capital 
contribution not exceeding 49%. 
 
 After 5 years from the date of 
accession, securities service 
suppliers with 100% foreign-
invested capital shall be permitted.  
 
 For services from C(i) to C(l), after 
5 years from the date of accession, branches of foreign securities 
services suppliers shall be 
permitted. 
 
(4) Unbound, except as indicated in the 
horizontal section. (1) Unbound. 
 
(2) None. (3) None. 
 
  
 
 
 
  
 
  
 
  
 
  
(4) Unbound, except as indicated in the 
horizontal section.   
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8. HEALTH RELATED AND 
 SOCIAL SERVICES  
    
A. Hospital services  
 (CPC 9311) 
 
B. Medical and dental services  
 (CPC 9312) (1) None. 
(2) None. 
(3) Foreign service suppliers are 
permitted to provide services through the establishment of 100% 
foreign-invested hospital, joint 
venture with Vietnamese partners or through business cooperation 
contract.   
  The minimum investment capital for 
a commercial presence in hospital 
services must be at least US$20 million for a hospital, 
US$2 million for a policlinic unit 
and US$200,000 for a specialty 
unit.   
 (4) Unbound, except as indicated in the 
horizontal section.   
 (1) None. 
(2) None. 
(3) None. 
  
 
  
 
  
 
  
 
 
 
 (4) Unbound, except as indicated in the 
horizontal section.    
9. TOURISM AND TRAVEL 
 RELATED SERVICES 
    
A. Hotel and restaurant including  
 
- Lodging services   (CPC 64110) 
 
- Catering food  (CPC 642) and    
 drink services  
 (CPC 643) (1) None. 
(2) None. 
(3) None, except for a period of 8 years 
from the accession date the services 
provided should be in parallel with 
investment in hotel construction , 
renovation, restoration or 
acquisition.  None afterwards .  
(4) Unbound, except as indicated in the 
horizontal section.   
 (1) None. 
(2) None. 
(3) None.  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.     
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B. Travel agencies and tour operator 
services  
 (CPC 7471) (1) None. 
(2) None. 
(3) None, except that:   foreign service suppliers are 
permitted to provide services in the 
form of joint ventures with Vietnamese partners with no 
limitation on foreign capital 
contribution.  
 
 (4) Unbound, except as indicated in the 
horizontal section.   
 (1) None. 
(2) None. 
(3) None, except tourist guides in 
foreign-invested enterprises shall be 
Vietnamese citizens. Foreign 
service supplying enterprises can only do inbound services and 
domestic travel for inbound tourists 
as an integral part of inbound 
services.   
 (4) Unbound, except as indicated in the 
horizontal section.    
10. RECREATIONAL, CULTURAL 
 AND SPORTING SERVICES     
A. Entertainment services  
(including theatre, live bands and 
circus services)  
 (CPC 9619) (1) Unbound. 
(2) None. 
(3) Unbound except after 5 years from 
the date of accession, joint ventures with foreign capital contribution not 
exceeding 49% are permitted.  
(4) Unbound, except as indicated in the 
horizontal section.   
 (1) Unbound. 
(2) None. 
(3) None. 
  
 
(4) Unbound, except as indicated in the 
horizontal section.    
D. Other  
 
- Electronic games business 
 (CPC 964**) (1) Unbound. 
(2) None. 
(3) Only through business cooperation 
contract or joint-venture with Vietnamese partners who are 
specifically authorized to provide 
these services.  Foreign capital contribution shall not exceed 49% 
of the legal capital of the joint 
ventures. 
(4) Unbound, except as indicated in the 
horizontal section.   
 (1) Unbound. 
(2) None. 
(3) None.  
  
 
  
 
 (4) Unbound, except as indicated in the 
horizontal section.     
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11. TRANSPORT SERVICES   
    
A. Maritime Transport Services  
 (a) Passenger transportation less 
cabotage  
 (CPC 7211)  
(b) Freight transportation less cabotage  
 (CPC 7212)  (1) Unbound, except international 
freight transportation: None.  
(2) None. 
(3) (a) Establishment of registered 
companies for the purpose of operating a fleet under the national 
flag of Viet Nam: 
 After 2 years from the date of 
accession, foreign service suppliers 
are permitted to establish joint-
ventures with foreign capital contribution not exceeding 49% of 
total legal capital.  Foreign seafarers 
may be permitted to work in ships under the national flag of Viet Nam 
(or registered in Viet Nam) owned 
by joint-ventures in Viet Nam but 
not exceeding 1/3 of total 
employees of the ships. The Master or first chief executive must be 
Vietnamese citizen.   (1) Unbound, except international 
freight transportation: None.  
(2) None. 
(3) None.  
  
 
  
 
  
 
  
 The following services at the port are 
made available to international maritime transport suppliers on reasonable and 
non-discriminatory terms and conditions: 
 1. Pilotage; 
2. Towing and tug assistance; 
3. Provisioning, fuelling and watering 4. Garbage collecting and ballast waste 
disposal; 
5. Port Captain's/Harbour Master's 
services; 
6. Navigation aids; 
7. Shore-based operational services 
essential to ship operations, 
including communications, water 
and electrical supplies; 
8. Emergency repair facilities; 
9. Anchorage, berth and berthing 
services; 
10. Access to maritime agency 
services.
27 
                                                      
27 With respect to the access to and use of maritime agency services mentioned in th e Additional Commitments  column, where road, rail, inland waterways, coastal and 
inland shipping, and related auxiliary services are not otherwis e fully covered in the schedule, a multimodal transport operato r 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.  
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 (b) Other forms of commercial presence 
for the supply of international 
maritime transport services28:  
Upon accession, foreign shipping 
companies can establish  joint 
ventures with 51% foreign ownership. After 5 years from the 
date of accession, foreign shipping 
companies can establish 100% 
foreign-invested enterprises. 
 
 Upon accession, 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 for the supply of integrated transport services.    
                                                      
28 "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 th eir customers, within which the  international 
maritime transport constitutes a substan tial elements and is supplied by the concerned foreign shipping company.  
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  After 5 years from the date of 
accession, 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 upon 
accession.  Three additional companies will be allowed every 
two years thereafter. After 5 years 
from the date of accession, no limitation on the number of joint 
ventures.   
 
(4) Unbound, except as indicated in the 
horizontal section.   
  
 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
 (4) Unbound, except as indicated in the 
horizontal section.    
Maritime Auxiliary Services  
 
- Container handling services  
(CPC 7411)29  
 
(1)  Unbound. 
(2)  None. (3)  None, except that upon accession 
joint ventures with foreign capital 
contribution not exceeding 50% can be established.   
(4)  Unbound, except as indicated in the 
horizontal section.   
  
 
(1)  Unbound. 
(2)  None. (3)  None. 
 
  
(4)  Unbound, except as indicated in the 
horizontal section.  
                                                      
29 Public utility concession or licensing procedures may apply in case of occupation of the public domain.  
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- Customs Clearance Services30  
 (1)  Unbound.*  
(2)  None. 
(3)  None, except that upon accession 
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. 
(4)  Unbound, except as indicated in the 
horizontal section. 
 (1)  Unbound.
* 
(2)  None. 
(3)  None.  
 
  
 
(4)  Unbound, except as indicated in the 
horizontal section.  
- Container Station and Depot 
Services31 
 (1)  Unbound.* 
(2)  None. (3)  None, except that upon accession 
joint ventures with foreign capital 
contribution not exceeding 51% can be established.  Seven years upon 
accession, none. 
(4)  Unbound, except as indicated in the 
horizontal section.   
 (1)  Unbound.
* 
(2)  None. (3)  None. 
 
  
 
(4)  Unbound, except as indicated in the 
horizontal section.    
B. Internal Waterways Transport  
 
(a) Passenger transport   (CPC 7221) 
 
(b) Freight transport   (CPC 7222) (1) Unbound. 
(2) None. 
(3) 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. 
(4) Unbound, except as indicated in the 
horizontal section.   
 (1) Unbound. 
(2) None. 
(3) None.  
 
  
 
  
(4) Unbound, except as indicated in the 
horizontal section.    
                                                      
30 "Customs clearance services" (alternatively "customs house br okers’ services") means activities consisting in carrying out on behalf of another party customs 
formalities concerning import, export or through transport of car goes, 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. 
31 "Container station and depot services" means activities consisting in storing containers, whether in port areas or inland, wit h a view to their stuffing/stripping, 
repairing and making them available for shipments.  
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C.  Air Transport Services  
 
(a) Sales and marketing air products 
services 
  
 
(1) None. (2) None. 
(3) Airlines are permitted to provide 
service in Viet Nam through their ticketing offices or agents in 
Viet Nam. 
(4) Unbound, except as indicated in the 
horizontal section.  
  
 
(1) None. (2) None. 
(3) None. 
  
 
(4) Unbound, except as indicated in the 
horizontal section.    
(b) Computer reservation services (1 ) None, except the foreign service 
supplier must use public telecommunication network under 
the management of Viet Nam 
telecommunication authority. 
(2) None, except as indicated in 
Mode 1. 
(3) None, except as indicated in 
Mode 1. 
(4) Unbound, except as indicated in the 
horizontal section.   
 (1) None. 
  
 
 (2) None. 
 
(3) None. 
 
(4) Unbound, except as indicated in the 
horizontal section.    
(c) Maintenance and repair of aircraft 
(CPC 8868**) 
 (1) None. 
(2) None. 
(3) Upon accession, joint-ventures are 
permitted with the capital contribution of foreign side not 
exceeding 51%.  After 5 years from 
the date of accession, 100% foreign-invested enterprises shall be 
allowed.  
(4) Unbound, except as indicated in the 
horizontal section.   (1) None. 
(2) None. 
(3) None. 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.   
   
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E. Rail Transport Services  
 
(a) Passenger transportation   (CPC 7111) 
 
(b) Freight transportation   (CPC 7112) (1) Unbound. 
(2) None. 
(3) Unbound except:  Foreign suppliers 
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 49% of the total legal 
capital. 
(4) Unbound, except as indicated in the 
horizontal section.   (1) Unbound. 
(2) None. 
(3) Unbound.  
 
  
 
 
 
(4) Unbound, except as indicated in the 
horizontal section.    
F. Road Transport Services  
 
(a) Passenger transportation  
 (CPC 7121+7122)  
(b) Freight transportation  
 (CPC 7123) (1) Unbound. 
(2) None. 
(3) None, except:  
  Upon accession, foreign 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%.  
 
 After 3 years from the date of 
accession, subject to the needs of the market
32, joint-ventures with 
foreign capital contribution not 
exceeding 51% may be established to provide freight transport services. 
 
One hundred % of joint-venture's 
drivers shall be Vietnamese citizen.  
 
(4) Unbound, except as indicated in the 
horizontal section.   (1) Unbound. 
(2) None. 
(3) None. 
  
 
  
 
 
 
  
 
  
 
  
 
  
 
(4) Unbound, except as indicated in the 
horizontal section.    
                                                      
32 The criteria taken into account are among others: creation of ne w jobs; positive foreign currency  balance; introduction of adv anced technology, including management 
skill; reduced industrial pollution; professional training for Vietnamese workers; etc.    
 GATS/SC/142 
Page 56 Mode of delivery:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence (4)  Presence of natural person 
Sectors and sub-sectors Limitations on Market Access Limi tations on National Treatment Additional Commitments 
H. Services Auxiliary to all Modes of 
Transport   
 (a) Container handling services, except 
services provided at airports  
 (part of CPC 7411)   
 
 (1) Unbound. 
(2) None. 
(3) Upon accession, foreign service 
suppliers are only permitted to 
provide services through the 
establishment of joint ventures with 
Vietnamese partners with the 
capital contribution of foreign side not exceeding 50%.  
(4) Unbound, except as indicated in the 
horizontal section.   
  
 
 (1) Unbound. 
(2) None. 
(3) None.  
 
 
 
  
(4) Unbound, except as indicated in the 
horizontal section.    
(b) Storage and warehouse services 
(CPC 742)  
 
(c) Freight transport agency services 
(CPC 748)33 (1) Unbound.* 
(2) None. 
(3) None, except that upon accession 
joint ventures with foreign capital 
contribution not exceeding 51% can 
be established.  Seven years after accession, none.  
(4) Unbound, except as indicated in the 
horizontal section.   
 (1) Unbound. 
(2) None. 
(3) None. 
 
 
  
(4) Unbound, except as indicated in the 
horizontal section.    
                                                      
33 Including freight forwarding services.  These services mean the activities consisting of organizing and monitoring shipment op erations on behalf of shippers, through 
the acquisition of transport and related services, preparation of documentation and provision of business information. 
* A commitment on this mode of delivery is not feasible.  
   GATS/SC/142
 Page 57Mode of delivery:  (1)  Cross-border supply  (2)  Consumption abroad  (3)  Commercial presence (4)  Presence of natural person 
Sectors and sub-sectors Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(d) Other  
 (part of CPC 749)34 (1) Unbound, except freight brokerage 
services:  None after 5 years from 
the date of accession. 
(2) None. 
(3) Upon accession, foreign service 
suppliers are only permitted to provide services through the 
establishment of joint ventures with 
Vietnamese partners with the capital 
contribution of foreign side not 
exceeding 49%.  After 3 years from the date of accession, this limitation 
shall be 51%.  Four years thereon, 
this capital limitation shall be abolished. 
(4) Unbound, except as indicated in the 
horizontal section.   
 (1) Unbound, except freight brokerage 
services:  None after 5 years from 
the date of accession. 
(2) None. 
(3) None. 
  
 
 
 
  
 
  
(4) Unbound, except as indicated in the 
horizontal section.    
                                                      
34 Include the following activities: bill auditing; freight brokerage services; freight inspection, weighing and sampling service s; freight receiving and acceptance services; 
transportation document preparation se rvices. These services are provid ed on behalf of cargo owners. GATS/SC/142 
Page 58 
 
 
  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 tec hnically 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: 
 (a) control over essential facilities; or 
 (b) 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-subsidization;   
 (b) using information obtained from comp etitors with anti-competitive results; and 
(c) not making available to other services suppliers on a timely basis technical 
information about essential facilities and co mmercially relevant information which 
are necessary for them to provide services. 
2. Interconnection  
2.1 This section applies to linking with supplie rs providing public telecommunications transport 
networks or services in order to allow the user s of one supplier to communicate with users of 
another supplier and to access services provi ded by another supplier, where specific 
commitments are undertaken. GATS/SC/142 
Page 59 
 
 
  2.2 Interconnection to be ensured  
 Interconnection with a major supplier will be en sured at any technically feasible point in the 
network.  Such interconnection is provided. 
(a) under non-discriminatory terms, conditi ons (including technical standards and 
specifications) and rates and of a quality no l ess 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; 
(b) in a timely fashion, on terms, c onditions (including technical standards and 
specifications) and cost-oriented rates that ar e transparent, reasonable, having regard 
to economic feasibility, and sufficiently unbundl ed 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 pro cedures for interconnection negotiations
 
 The procedures applicable for interconnecti on 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 re garding 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 ki nd 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-discrimin atory 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. GATS/SC/142 
Page 60  
 
  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. 
6. Allocation and use of scarce resources
 
 Any procedures for the allocation and use of s carce 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 freque ncies allocated for speci fic government uses is 
not required. 
 
__________