RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/VNM/46 
28 September 2006 
 (06-4633) 
Working Party on the 
Accession of Viet Nam Original:   English 
 
 
 
ACCESSION OF VIET NAM 
 
Additional Questions and Replies  
 
 
 The following submission is being circulated at the request of the Delegation of the Socialist Republic of Viet Nam.   
_______________ 
  WT/ACC/VNM/46 
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  TABLE OF CONTENTS 
 
II. ECONOMIC POLICIES..........................................................................................................1  
- Investment Regime.............................................................................................................. ......1  
- State Ownership and Privatization .......................................................................................10  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................10  
- Trading Rights ................................................................................................................. .......10  
A. IMPORT REGULATIONS....................................................................................................13  
- Application of internal taxes to imports ...............................................................................13  
- Tariff rate quotas, tariff exemptions.....................................................................................14  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............15  
- Customs valuation.............................................................................................................. .....16  
- Rules of origin ................................................................................................................ .........17  
B. EXPORT REGULATIONS ...................................................................................................18  
- Customs tariffs, fees, and charges for s ervices rendered, application of internal 
taxes to exports............................................................................................................... .........18  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................19  
- Industrial policy, including subsidies....................................................................................19  
- Technical barriers to trade, standards and certification.....................................................20  
- Sanitary and phytosanitary measures...................................................................................27  
- Free zones, special economic areas........................................................................................35  
- Core labour standards.......................................................................................................... ..36 
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................36  
- GENERAL........................................................................................................................ .......36  
- Copyright and related rights..................................................................................................3 6 
- Geographical indications, including appellations of origin.................................................36  
- ENFORCEMENT...................................................................................................................3 8 
VI.  POLICIES AFFECTING TRADE IN SERVICES..............................................................39  
ANNEX 1 ........................................................................................................................ ......................43  
ANNEX 2 ........................................................................................................................ ......................52  
  WT/ACC/VNM/46 
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 II. ECONOMIC POLICIES 
- Investment Regime Question 1 Paragraph 39:  Please provide more detailed in formation on the provisions of the relevant 
decree which defines prohibited and conditional bus iness sectors.  Please include more specific 
information on what sectors are captured in those decrees, and the criteria upon which the 
Government can decide to extend the coverage  of these provisions to other conditional or 
prohibited sectors. 
Answer:
 
Decree No. 59/2006/ND-CP of 12 June 2006 provided  for the lists of goods and services in which 
business is prohibited, restricted and subject to cond itions.  An English translation of this Decree had 
been provided to the Working Party prior to the last  Working Party Meeting.  We would like to resend 
the lists of goods and services in which business is pr ohibited, restricted and subject to conditions in 
the Annex 1 to this document.  
According to Article 25 of the Commercial Law, th e Government can decide to add or otherwise 
amend the lists according to:  (i) the policy needs and objectives of Viet Nam in a certain period and 
(ii) commitments of Viet Nam under the internationa l treaties to which Viet Nam is a member.  The 
procedures are in accordance with Article 4.2 of  the Decree which provided that "in necessary cases, 
the Minister of Trade may make a submission to th e Prime Minister of the Government on additions 
and amendments to the lists...".  
Article 3.2 of the Decree echoes the provisions of  the Commercial Law and provides that "Where an 
international treaty of which the Socialist Republic of Viet Nam is a member contains provisions on 
goods and services in which business is prohibited, g oods and services in which business is restricted, 
and goods and services in which business is subject to  conditions and which are inconsistent with the 
provisions of this Decree, the provisions of  such international treaty shall apply." 
Question 2 
Paragraph 42:  Please indicate the numbers of the Decrees referenced in this paragraph.   
Answer:  
These numbers are not yet available as the Decree providing detail regulations for the implementation 
of the Investment Law 2005 has not been promulgated. 
Question 3 
Paragraph 42:  Please include the following la nguage in paragraph 42, and an appropriate 
explanation from Viet Nam: 
"A Member noted that the Enterprise Law 2005 di d not appear to require the re-registration of 
existing enterprises.   The Me mber asked Viet Nam to explain what governing law would apply 
to an enterprise that chose not to re-register,  as the previous Law on Foreign Investment 
became redundant on 1 July 2006 and the new Investment Law 2005 and Enterprise Law 2005 
do not provide guidance on such enterprises.  The Member also asked Viet Nam whether, once 
the two-year time limit for re-registration  passed (as stipulated by the Enterprise Law 2005), an WT/ACC/VNM/46 
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 enterprise could still choose to re-register if this  subsequently becomes a desired option.  The 
representative of Viet Nam replied that…" 
Answer:
 
The two-year time limit for re-re gistration has been provided for in  Enterprise Law 2005.  Therefore, 
the option to re-register is only available within this two year time limit. 
We can agree to the addition of the follo wing text in order to clarify the issue: 
".....  The representative of Viet Nam replied that a fo reign invested enterprise set up prior to the date 
of entry into force of the Enterprise Law 2005 a nd the Investment Law 2005 that chose not to 
re-register was still allowed to conduct business operati ons within the scope of its business lines, the 
terms stated in its investment licence and its corporat e charter.  With respect to the issues that were 
not specifically stipulated in its investment licen ce and corporate charter, such enterprise would be 
subject to the two above-mentioned Laws". 
Question 4 
Paragraph 49:  Please include the following word ing with an appropriate reply from Viet Nam 
49. A Member noted that with reference to paragraph 49, and the reference to stock-
holding companies, it would appreciate Viet Nam confirming that under the Enterprise Law 
2005 and its decrees, a foreign investor can regis ter a stock-holding enterprise and under that 
same enterprise form, apply to establish a numbe r of different investment projects, without the 
need to register new enterprises each time a new investment project is developed.  The Member 
also requested Viet Nam advise in which De crees specific guidance on this issue will be 
provided.  The Representative of Viet Nam replied... 
Answer:  
We can agree to the addition of the follo wing text in order to clarify the issue: 
"The Representative of Viet Nam replied that in accordance with  the Investment Law 2005 and its 
implementing regulations, foreign invested enterprises that had been established in Viet Nam, including a stock-holding enterprise, would be permit ted to carry out new investment projects without 
the need to register for a new enterprise, unless otherwise provided for by the laws."  
Rationale:  As a general rule, foreign invested en terprises that had been established in Viet Nam, 
including a stock-holding enterprise, would be permit ted to carry out new investment projects without 
the need to register for a new en terprise.  However, in some special cases that are provided for in 
other laws, a separate entity may be required.  For example, to register a bank, a separate banking institution shall be set up.  Thus, a separate enterprise is required. 
Question 5 Paragraph 52:  We welcome the addition of this  paragraph.  As we were not involved in the 
drafting of this paragraph, we would appreciate clarification of what "provisions of the enterprise's original Charter" could be modified.  In particular, we ask that Viet Nam confirm 
in this paragraph that modification of the ent erprise's original Charter could include changes in 
relation to the size of majority required to take decisions on those issues detailed in 
paragraph 86.  WT/ACC/VNM/46 
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 Answer:  
There was an editing error. Paragraph 52 should be moved to the section on "Policies affecting trade 
in services", right after paragraph 491, to become  new paragraph 492.  Pa ragraph 490, 491 and 52 
should be read together to understand their meaning.  
We have the understanding that the section on i nvestment would contain no commitment language. 
Question 6 Paragraph 34 and following:  conditional business sectors:  Annex D of the "Decree providing 
guidelines for implementation of law on investme nt" lists the sectors in which investment is 
conditional.  Yet the list in Annex D is not cryst al clear e.g. we do not understand why we find 
under paragraph 11 "import, export and distribut ion business" and request Viet Nam to delete 
this section of the list.  With regards to Annex D paragraph 14, we wish to ask Viet Nam 
whether the Certificate issuing Authority will ha ve the competence to issue certificates on the 
basis of this Annex respectively the internatio nal commitments or whether an implementing 
Decree of the international commitm ents will first be necessary.  
Answer:
 
Import, export and distribution business is a sector in  which investment shall be subject to certain 
conditions in accordance with Viet Nam's obligations in the WTO.  
The competent agencies would issu e the investment certificate based upon the provisions of this 
Annex and the provision of a legal document which will be issued by the Minister of Trade announcing the schedule for and the scope of business ac tivities of the foreign traders.  Article 3.2 of 
Decree No. 12/2005/ND-CP dated 23 January 2006 of th e Government has authorized the Minister of 
Trade to do so in accordance with Viet Nam's commitments under international treaties 
(i.e., including commitments under the WTO). 
Question 7 
Decree providing guidelines for implementation of law on investment, Appendix D:  contrary to 
the Decree making detailed provisions for implemen tation of the commercial law, we cannot see 
any indication of the source in which the invest ment conditions that would be applied by the 
competent authorities, are laid down.  We requ est Viet Nam to provide more clarity on this 
issue. 
Answer:
 
Annex D cannot provide for detailed investment c onditions for each and every specific sector as well 
as the applicable legal documents as conditions in some sectors are subject to Viet Nam's 
commitments in the WTO, which have not been fi nalized. Upon Viet Nam's accession to the WTO, in 
accordance with Viet Nam's comm itments, the relevant ministries and agencies will announce the 
schedule and conditions for specific sectors.     
Question 8 
Paragraph 41 and following:  due to the fact that Investment Registration Procedures are 
different for domestic investment projects compa red to foreign projects, it is important to 
clearly define the two categories.  Neither the "Law on Enterprises" nor the "Law on Investment" nor the "Decree providing guidelines for implementation of law on investment" WT/ACC/VNM/46 
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 provide for such clear definition. The only form for which some kind of definition is available is 
for shareholding companies, but even in that ca se the definition raises questions.  Article 12 of 
the before mentioned Decree says: "…A shareholdi ng company with forei gn invested capital 
must have at least one founding shareholder being a foreign investor. ..." What happens in the case a foreign investor is buying in a domest ically owned shareholding company? Does this 
imply that this company has to reapply for an investment licence (e.g. in case the previously 
domestic company had only a business registration).  What is the meaning of "founding member"?  Article 80, paragraph 2 of that same Decree is provoking the same kind of questions.  We would like to ask Viet Nam to provide clear definitions in the relevant Decrees 
for all types of enterprises:  limited liability co mpanies, shareholding companies, partnerships, 
and sole proprietorships.  Namely, but not exclus ively, the case of joint-ventures should be made 
clear (e.g. as long as foreign participation is be low 50 per cent the enterprise is considered to be 
domestic).  We would also like to know the stat us of a foreign invested enterprise established 
before the entry into force of the CIL and the UEL that decides to fully convert into an 
enterprise operating under the two laws.  Is it  deemed to be domestic or foreign? 
Answer:
 
Article 12 of the draft Decree is applicable only to  newly established foreign invested shareholding 
companies.  It is not applicable to foreign inv estors buying shares of existing shareholding companies. 
A Vietnamese shareholding company which sold its shares to foreign investor(s) is only required to 
register for amendment of Business Registration to re flect the changes with respect to its shareholders, 
its charter capital and other changes (if any), wit hout having to apply for a new Investment Licence. 
The definition of "founding sharehol ders" is stipulated in Article 4.10 of the 2005 Enterprise Law.  
All types of enterprises (i.e. limited liability compan ies, shareholding companies, partnerships, and 
sole proprietorships) are provided for respectively in Chapter III, IV, V, of the Enterprise Law 2005. 
Please refer to these chapters for details. 
The existing foreign invested enterprises which re-register to organize and operate under the 2005 
Enterprise Law are still considered as foreign invested enterprises. 
Question 9 
Decree providing guidelines for implementation of  Law on Investment:  At several places (e.g. 
Article 13, 14) the Decree stipulates conformi ty with conditions and committed schedules in 
international Treaties of which Viet Nam is a me mber.  In our view, international treaties form 
the floor and not the ceiling of business conditions or  to put it differently:  Viet Nam should be 
in a position to undertake autonomous liberalization. We would like to ask Viet Nam to provide 
for this flexibility and add:  "not less f avourable than the commitments undertaken in 
international treaties to which Viet Nam is a member." 
Answer:  
We thank for the comment and will consider it in  the process of drafting the legal documents.  
Question 10 Decree providing guidelines for implementation of law on investment, Article 50:  What is the 
relationship between Article 50, paragraph 2 (a) a nd 2 (b)?  Does there need to be a demand to 
sell on the Vietnamese market?  Or could there be products sold on the domestic market 
produced in export processing zones the import of which is prohibited?  WT/ACC/VNM/46 
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 Answer:  
Article 50.2 (a) and Article 50.2 (b) are designed si mply to make sure that Export Processing Zones 
(EPZs) will operate in accordance with interna tional practices (i.e. purchases and sales of goods 
between enterprises inside the EPZs  and those outside the EPZ are considered as import-export 
transactions).  
Question 11 Decree providing guidelines for implementation of law on investment, Article 53 related to 
projects for which the Prime Minister shall approve issuance of investment certificates:  Article 34, paragraph 2 mentions conditions that need to be satisfied in order to receive an 
investment licence.  Article 53 requires the approval of the Prime Minister for certain 
investment licenses. However, no conditions ar e stipulated.  On which basis does the Prime 
Minister decide whether to issue an investment certificate or not? 
Answer:
 
The criteria that are used for in the consideration of  the projects that are  subject to the approval by 
the Prime Minister are clearly stipulated in Artic le 48 and Article 49 of the 2005 Investment Law. 
Question 12 Decree on business registration and business reg istries: Answer to Question 4 in document 
WT/ACC/VNM/44 says that an Investment Certificate is also considered and serves as a Business Registration Certificate.  Could Viet Nam indicate where this is reflected in the above-mentioned decree?  We would also request Viet Nam to integrate the response to Question 4 in 
the draft report. 
Answer:
 
This issue is provided for in detail in Article 20 of the 2005 Enterprise Law and Article 50.1 of the 
2005 Investment Law.  Therefore, no further pr ovisions would be required in the implementing 
Decree.  Viet Nam agrees to incorporate the response to Question 4 in the Draft Report. 
Question 13 
Decree making detailed provisions for implementati on of the commercial law with respect to 
goods and services in which business is prohibited, restricted and subject to conditions, Article 4, paragraph 2:  this Article stipulates that "in necessary cases, the Minister of Trade may make a submission to the Prime Minister of  the government on additions and amendments 
to the lists stipulated in clause 1 of this articl e".  The formulation "in necessary cases" is very 
vague.  Viet Nam should ensure that the formulation guarantees conformity with GATT 
Articles XX and XI as well as GATS Articles XIV and XIV bis.  This should then be reflected in 
the Draft Report. 
Answer:
 
Decree No. 59/2006/ND-CP of 12 June 2006 is to st ipulate detailed provisions for the implementation 
of Article 25 of the Commercial Law.  Article 25.1 provides that there are two criteria for the 
promulgation of the lists:  (i) the economic - social conditions of Viet Nam (i.e. the policy needs and 
objectives) in a certain period; and (ii) the intern ational treaties of which Viet Nam is a member. WT/ACC/VNM/46 
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 As such, it has already been provided for the Comme rcial Law and Decree No. 59 that these lists are 
in conformity with the international treaties (i .e., including the WTO Agreement when Viet Nam 
becomes a WTO Member). 
We have the understanding that the section on in vestment would contain no commitment language but 
are open to any suggestion to put the above information in the a ppropriate sections of the Draft 
Report. 
Question 14 
Decree making detailed provisions for implementati on of the commercial law with respect to 
goods and services in which business is prohibited, restricted and subject to conditions, Article 6 
paragraph 1 (dd):  we do not understand this provision. Could you please explain? 
Answer:
 
Article 6.1.dd of Decree No. 59/2006/ND-CP reads:  "The scope, scale, time , and location of business 
and the number of traders conducting business activi ties with respect to goods and services in which 
business is restricted shall comply with the specifi c regulatory requirements and the master plan for 
business network development for such  goods and services in each period". 
This provision only applies to the List of goods an d services in which business is restricted (as in the 
Decree No. 59/2006/ND-CP, there are eight categor ies of such goods and services as they are 
considered to cause harmful effect to security, soci al order or public health).  Examples, which are 
taken from different legal documents  in Viet Nam, are as follows: 
Restriction in terms of scope of business: for ciga rettes, traders that are granted business licenses for 
cigarette wholesale or wholesale agency are only allo wed to sell cigarettes to those who have obtained 
business licenses in cigarettes. 
Restriction in terms of scale of business:  dancing halls must be at least 80 m2 in floor areas each and 
at least 200 meters far from schools, hospitals, religi ous and belief establishments, historical-cultural 
relics and State administrative agencies, ensuring co nditions for prevention and fight against fires and 
explosion. 
Restriction in terms of time of business:  danc ing halls are prohibited to operate from 00:00 to 
08:00 hrs. 
Restriction in terms of location of business:  for ci garettes, selling cigarettes is prohibited at schools, 
hospitals, cinemas, theatres, cultural and art performance houses. 
Restriction in terms of number of traders:  for cigarettes, the competent Government authorities can 
determine the number of traders permitted to trade in cigarettes in a geographical area on the basis of 
different criteria such as:  the population and po pulation density, demand and living conditions of 
citizen, conditions to ensure public order and social security. 
Question 15 
Decree making detailed provisions for implementati on of the commercial law with respect to 
goods and services in which business is prohibited, restricted and subject to conditions, 
Appendix III/I.  Goods and services in respect of which a certificate of satisfaction of business 
conditions is required/B 14 – Multi-modal internat ional transport services:  We would like to 
request Viet Nam to provide the reasons for listing these services as conditional services.  WT/ACC/VNM/46 
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 Answer:  
As mentioned in the Appendix III, Decree No . 125/2003/ND-CP of the Government dated 
29 October 2003 on international multi-modal transpor t regulates that the Government shall perform 
the unified state management over multi-modal transport by granting business certificates. 
International multi-modal transport services are comp lex (involving different modes of transport and 
often different legs in different countries).  Theref ore, in addition to the requirements of high-quality 
facilities and means of transport, multi-modal tran sportation businesses need to have both legal and 
financial competence to be competent in providing these services.  Therefore, regulating the business 
conditions is necessary to ensure that the service pr oviders are competent with a view to protecting 
the rights of cargo consignors and facilitating the solution of disputes. 
Question 16 Decree making detailed provisions for implementati on of the commercial law with respect to 
goods and services in which business is prohibited, restricted and subject to conditions, Appendix III/II.  Goods and services in which business is subject to conditions but in respect of which a certificate of satisfaction of business condition is not required:  could Viet Nam explain 
the kind of conditions that are applied to "10.  Building materials"? 
Answer:
 
Those conducting business activities in building materi als are required to comply with the conditions 
such as: 
− Meeting environment protection, fire and expl osion preventions standards and requirements; 
− Ensuring public order and traffic safety by not encroaching roads, pavements and roadways; 
and 
− Putting up a signboard which clearly displays the name of the shop and the enterprise or the 
full name of the trader. 
Question 17 
Decree making detailed provisions for implementati on of the commercial law with respect to 
goods and services in which business is prohibited, restricted and subject to conditions, Appendix III: This appendix lists the current legal instruments. We would like Viet Nam to confirm that all conditions are la id down in the listed instruments, and make this part of the 
draft report.  
Answer:
 
We have the understanding that the section on investment would contai n no commitment language, 
but are open to advice as to the WTO justification of this request. 
The legal documents listed, as we have explained, ma y change from time to time.  For example, fire 
protection standards for building material businesse s may increase over time.  However, they will 
comply with the international treaties to wh ich Viet Nam is a Member (including the 
WTO Agreement  upon Viet Nam's accession to the WTO). WT/ACC/VNM/46 
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 Question 18 
Decree making detailed provisions for implementati on of the commercial law with respect to 
international purchases and sales of goods; and agency for sale and pu rchase, processing and 
transit of goods involving foreign parties, Appendix 3, list of goods subject to specialised management and the applicable management prin ciples:  the description element provides that 
the Ministry XYZ shall announce the specific condi tions.  We would like Viet Nam to confirm 
that "announcing" specific conditions means to  publicly lay down the conditions required for 
imports, exports, and make this part of the draft report. 
Answer:
 
"Specialised management" referred here is another tr anslation for "line management".  This issue has 
been discussed at some length in different sections  of the Draft Report, including some commitment 
language that has ensured the WTO-consistency of  the measures (e.g. paragraphs 209, 210, 214 and 
315).  As explained therein, line management measures do not match the notion of "conditions required for imports and exports".  
Question 19 
Decree making detailed provisions for implementati on of the commercial law with respect to 
international purchases and sales of goods; and agency for sale and pu rchase, processing and 
transit of goods involving foreign parties, Article 3 paragraph 2:  this Article stipulates that in 
addition to complying with the before mentione d Decree, companies need to comply with other 
relevant laws and undertakings of Viet Nam in in ternational treaties to which it is a member. 
We do not understand this requirement on busin ess (we would understand this if this provision 
was directed towards the Vietname se government).  Could Viet Nam please explain and give a 
concrete example? 
Answer:
 
The objective of this provision is to make sure  that when Viet Nam makes an international 
undertaking, it will be honoured by all the relevant stakeholders in the country.   
Question 20 Law on Investment, Article 13, paragraph 2:  According to this law an investor has the right to 
"register business in one or more industries and trades." Could Viet Nam indicate whether such 
multi-purpose investment requires several investme nt certificates or whether this can be done 
under one single certificate? 
Answer:
 
Multi-purpose investment can be stipulated in one inv estment certificate.  Investors are not required to 
apply for different investment certificates, unless othe rwise provided for by the laws.  For example, to 
register a bank, a separate banking institution shall be  set up.  Thus, a separate certificate is required. 
Question 21 
Paragraph 34:  Could Viet Nam identify the Decree  that sets out the registration procedures 
and criteria for granting licenses for the five non-automatic business licence categories set out in 
the 2005 Law on Enterprises?  WT/ACC/VNM/46 
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 Answer:  
Licensing criteria and procedures for certain business categories mentioned in the Enterprise Law 
2005 are stipulated in different specialised legal documents.  Please refer also to the Annexes of 
Decree No. 59/2006/ND-CP dated 12 June 2006 to see the listing of such specialised legal documents. 
Question 22 
Paragraph 36:  Could Viet Nam identify the Decre e that sets out the conditional and prohibited 
business sectors? 
Answer:  
Decree No. 59/2006/ND-CP of 12 June 2006 provided  for the lists of goods and services in which 
business is prohibited, restricted and subject to cond itions.  An English translation of this Decree had 
been provided to the Working Party prior to the last  Working Party Meeting.  We would like to resend 
the lists of goods and services in which business is pr ohibited, restricted and subject to conditions in 
the Annex 1 to this document.  Please refer also to the answer to Question 1 of this document. 
Question 23 
Paragraph 39:  For the sake of clarity, could Viet Nam submit to the Working Party a list of 
conditional activities which are regulated by ot her laws than the investment and enterprise 
laws, and list of these laws in question (banking and insurance mentioned as examples).  This could be done by complementing Table 2.  It is noted that banking and insurance are not mentioned in Table 2. 
Answer:
 
Decree No. 59/2006/ND-CP of 12 June 2006 provided  for the lists of goods and services in which 
business is prohibited, restricted and subject to cond itions.  An English translation of this Decree had 
been provided to the Working Party prior to the last  Working Party Meeting.  We would like to resend 
the lists of goods and services in which business is pr ohibited, restricted and subject to conditions in 
the Annex 1 to this document.  
Question 24 
When studying the Decree providing detailed provisions of the commercial Law on 
Representative Offices and Branches of foreign business entities in Viet Nam, we were surprised to see some provisions which we see as unduly restrictive.  This is the case it its Articles 22, paragraph 2c) and 23 paragraph 2b) where the head  of the representative office is not entitled 
to concurrently be the representative of an enterprise duly established under the Vietnamese 
law (Article 22.2c) and where the head of a branch is not entitled to concurrently be the head of 
the representative office or branch of another foreign business entity in Viet Nam 
(Article 23.2b).  Although we may see that some  positions could be conflicting, we see no reason 
for such a full exclusion of cumulating positions.   Could Viet Nam provide the reasons for such 
exclusive measures? 
Answer:
 
In this case, such provisions are necessary to avoi d conflict of interests.  These provisions are not 
"unduly restrictive" as some foreign businesses have advised Viet Nam to do so to avoid the situation 
that the heads of foreign entities' representativ e offices or branches set up their own businesses in WT/ACC/VNM/46 
Page 10  
 
 Viet Nam to make use of information and resources that are otherwise only available to the foreign 
entities. 
In addition, as the heads of foreign entities' re presentative offices represent the foreign entities while 
the head of branches has no such status, these prov isions are also necessary to identify the clear 
boundaries in terms of the legal status. 
- State Ownership and Privatization Question 25 Paragraph 86:  On the question of grandfathering  provisions to protect the position of current 
joint ventures which have a 51 per cent/49 per cent structure, Viet Nam has outlined new requirements with the introduction of the 2005 En terprise Law.  Please include the following 
language in this paragraph and an appropriate response from Viet Nam. 
"A Member sought clarification from Viet Nam as to how it would ensure that joint ventures 
which have a 51 per cent/49 per cent structure woul d not be adversely affected by provisions of 
the Enterprise Law 2005 concerning the requirement of a 65 per cent majority vote requirement for certain decisions.  The Member sought clarification as to whether Viet Nam 
intended to amend the implementing regulations of the Enterprise Law to  allow for such joint 
enterprises to retain pre-existing majority rul es.  The representative of Viet Nam indicated 
that..." 
Answer:
 
This issue has been addressed by paragraphs 491,  492 and 52 (which shou ld be moved to right 
following paragraph 492). 
Question 26 Paragraph 83:  As regards the sectors in wh ich foreign investors would be allowed to 
participate, could Viet Nam identify the Articles in the Investment law where these are 
mentioned, and also the relevant implementing decree that sets out the maximum percentage of shares foreigners can buy in exis ting Vietnamese enterprises. 
Answer:
 
The relevant provisions are Article 25 of the 2005 Investment Law.  Once Viet Nam's WTO 
commitments are finalised, Viet Nam will draft the appropriate legal documents guiding the purchase 
of shares in Vietnamese enterprises by foreign investors. 
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading Rights 
Question 27 
Paragraphs 139 and 140:  we suggest these be re placed by new paragraphs which reflect the 
commitment Viet Nam provided at the recent Work ing Party meeting to provide full trading 
rights which:  (i) are not linked to whether a fi rm has established investment in Viet Nam; and 
(ii) are not limited in any way according to the trading activity of the firm or individual.  WT/ACC/VNM/46 
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 Answer:  
We agree to confirm that, subject to the schedule in Table 8, trading rights are not (i) linked to 
whether a firm has established an investment in Vi et Nam; and (ii) limited to the business lines for 
which a firm has business registration.   
Question 28 
Paragraph 140:  we note the commitment langu age in 140 needs to incorporate the provisions of 
Table 8 to ensure Viet Nam meets the commit ments detailed above.  In incorporating the 
language from Table 8, we recommend the following adjustments/changes: 
Replace point 2 with "Not later than 1 January 2006, enterprises with foreign-invested capital, 
branches of foreign enterprises or foreign en terprises registered as importers of record in 
Viet Nam, shall be accorded the rights of an importer or exporter of record and shall: 
− Be entitled to import and export all goods, including without limitations related in any 
way to their scope of business activity in Viet Nam, except for those subject to State 
Trading enterprises (as listed in the attached Table 8(c) and the restrictions listed in the attached Table 8 (a) and 8 (b). 
− Register their business lines with the relevant State's registration agencies." 
− Adjust Paragraph 3 to read as follows:  "The  registration procedures for enterprises 
with foreign-invested capital, branches of foreign enterprises or foreign enterprises 
registered as importers of record in Viet Nam to engage in import and export activities, 
shall in no case be made more restrictive th an those applied to domestic enterprises and 
shall not be administered in such a manner to have trade-restricting effects. 
− Remove paragraph 4 (as now redundant due to changes in point 2). 
Answer:
 
We agree with the suggestions, except that the date 1 January 2006 - which was probably a typo -
should be changed to 1 January 2007.  
Question 29 
Paragraph 139:  we have not been able to lo cate specific procedures which would allow for a 
foreign company to register for the right of im portation or exportation.  Please include a 
reference to the relevant decree or administrative  provision and allow it to be reviewed by 
Members. 
Answer:  
As the commitment is new, Viet Nam has not deve loped these procedures.  Viet Nam will promulgate 
necessary legal documents to regulate the registrati on for the right of importation or exportation of 
branches of foreign enterprises and foreign enterprises registered as importers/exporters of record in 
Viet Nam by its accession to the WTO. 
Question 30 Paragraph 140, "the commitment paragraph" deals with any enterprise's freedom to select a 
distributor of its choice for internal distribution of imports.  In our view, the content of paragraph 139 should also be drafted in a way that it is understood to represent a commitment WT/ACC/VNM/46 
Page 12  
 
 by the Viet Nam Government.  We believe that drafting of this latter paragraph should be 
improved: 
a) "For these reasons his Government confir med to grant all enterprises with foreign 
direct investment full trading rights no later than 1 January 2007, i.e. full rights to import any goods regardless of whether or not they were connected with trading lines, 
except for some products subject to State trading as listed in Table 8c, and requested 
that the Working Part grant Viet Nam a transition period until 1 January 2009 for the right of foreign-invested enterprises to import  certain products as listed in Table 8a and 
until 1 January 2011 for the right to export rice as listed in Table 8b.";  
b) the rationale and the implications of the fo llowing sentence:  "He noted that the right to 
import only required minimal investment in  Viet Nam, mainly for administrative 
purposes." is not clear. It is namely not ab solutely clear whether the sentence following 
the one quoted above ("Decrees on the right to  import and export…") also refers to the 
minimum capital investment requirements. We would request Viet Nam to draft 
language that confirms that upon accessi on the conditions, including minimal 
investment requirements, prevailing for exercisi ng trading rights would be the same for 
domestic as well as partially or whol ly foreign invested enterprises; and  
c) the following part in the sentence starting  with "Concerning State-trading, …" should 
be deleted (or else amended) as it is an incomplete repetition of preceding information: "…, he confirmed that the goods, listed in Tables 8(a) and 8(b) could be imported and exported by any wholly Vietna mese-invested enterprise, …" 
As for goods listed in Table 8a, we do not understand the rationale for restricting certain 
pharmaceutical products because they are "essential to human life".  Especially, we see no 
rationale (e.g. lack of institutional capacity to supervise importation) for any distinction 
between the rights of wholly Vietnamese-invested  enterprises and foreign invested enterprises. 
We therefore ask Viet Nam to eliminate such discrimination upon accession. 
Answer:
 
(a)-(c):  We agree to confirm that, subject to the schedule in Table 8, trading rights are not (i) linked 
to whether a firm has established an investment in Viet Nam; and (ii) limited to the business lines for 
which a firm has business registration.  We think th at other revisions as suggested by Members in the 
previous questions have addressed the issues raised here. 
As for pharmaceuticals, it is essential for Viet Nam to have a short transitional period as proposed in 
order to draft the implementing legal documents and to create supervisory capacity to implement this 
commitment.  
Question 31 
As for "Viet Nam's proposed text for the Draf t Report", we disagree with the formulation 
under point 6, which makes a linkage between im portation and distribution of products.  It 
says:  "The trading rights referred herein shall only accord the right to be the 
importer/exporter of record and, in the case of importation, shall only accord the right to 
import and sell the imported products to ente rprises who have the right to distribute such 
products in Viet Nam." We request the dele gation of Viet Nam to review the language 
accordingly. However, we can live with sen tence that follows the sentence quoted above 
("Commitments on trading right shall not, in any case, automatically grant the importer the 
right to distribute goods in Viet Nam.").  The same kind of linkage is made in paragraph 133, 
where, according to Viet Nam, importation of good s for resale in Viet Nam is a matter related to 
distribution services.  We do not share this view.  Importation of goods falls under the GATT  WT/ACC/VNM/46 
 Page 13 
 
 
 and must be in compliance especially with Articles III and XI GATT.  Their subsequent 
distribution is then a different matter related as a matter of fact to distribution services.  We 
request Viet Nam to review the language accordingly in all relevant paragraphs. 
Answer:  
We do not try to link trading rights with distributio n rights in the above-mentioned sentence.  We try 
to make a clear distinction between  them instead because they belong to different set commitments, as 
defined by the WTO's rules.  
As for point 6, the essence of the fi rst sentence is completely consistent with the second sentence.  
The first sentence aims only to clearly define the extent of the right of the importer of record, as 
requested by Members of the Working Party. 
Question 32 Viet Nam has made the following commitment in  its bilateral Agreement on trade in service 
with us; "The conditions of ownership, operation and scope of activities, as set out in the respective licenses establishing or authorizing the operation or supply of services by an existing foreign service supplier or in relevant Agreement s established before the date of accession, shall 
not be made more restrictive than they exist as  of the date of Viet Nam's accession to the 
WTO." 
Based on referred above Viet Nam's commitment and the national treatment obligation of 
Article III of GATT 1994, we would like to seek a commitment from Viet Nam that from the date of accession, any natural or legal person, do mestic or foreign, who have already got rights 
to distribute certain Products made in Viet Na m to Vietnamese market before the date of 
accession, will also have the right to distribute imported products of the same kind as the 
products they distribute under the investment licence to Vietnamese market. 
Answer:
 
Viet Nam confirms that, in accordance with Ar ticle III of the GATT, the products imported into 
Viet Nam shall be accorded treatment no less fav ourable than that accorded to like products of 
Viet Nam's origin in respect of all laws, regula tions and requirements affe cting the internal sale, 
offering for sale, purchase, transpor tation, distribution or use.  
A. IMPORT REGULATIONS 
- Application of internal taxes to imports Question 33 Paragraph 189:  we note the need for a new co mmitment in this section to address our specific 
concerns in relation to the excise tax imposed on spirits.  We understand this will be subject to 
further discussion, but suggest Viet Nam adopt the following type of commitment: 
"By [date of accession][agreed date], Viet Nam sh all amend its current excise tax on spirits to 
bring it into full conformity with GATT Article III.  For distilled spirits of foreign or domestic origin, Viet Nam shall apply a single uniform spec ific tax based on the actual alcohol content of 
the product.  The tax shall be applied in this  manner regardless of the form of packaging." WT/ACC/VNM/46 
Page 14  
 
 Answer:
 
Viet Nam is discussing with interested Working Party Members to work out a solution to this issue in 
order to come to the final commitment. We note that this request contains some elements that we do 
not find in the WTO Agreement. 
Question 34 
Table 10 indicates that for cigarettes the excise duty rate will be 55 per cent for 2006 and 2007, 
but will be increased to 65 per cent from 2008.  Co uld Viet Nam confirm that this increase will 
equally apply to both domestic and imported cigarettes? 
Answer:   
We would like to confirm that, according to th e amended Excise Tax Law of 2005, excise tax on 
cigarettes as cited in Table 10 of WT/ACC/SPEC/V NM5/Rev.3 dated 28 June  2006 would be applied 
equally to both domestic and imported cigarettes. 
Question 35 
Paragraph 184:  We note the co nsiderable raise of excise duty rate as regards spirits of 
40 per cent and 41 per cent of alcohol.  The increase of the tax is from 30 per cent to 65 per cent, 
even if there is only 1 per cent difference in the alcohol rate. 
We have information indicating that the excise tax treatment of spirits constitutes a de facto 
discrimination of imported products vis-à-vis  directly substitutable domestically produced 
spirits (which have an alcohol percentage of 39 per cent).  We would therefore urge Viet Nam to 
consider an excise tax that would take more in to account the real difference of the rate of 
alcohol, or device a rate for sprits of more than  40 per cent alcohol that is less drastic and more 
proportional than the current sharp increase from 30 per cent to 65 per cent.  
Answer:  
Viet Nam is discussing with interested Working Party Members to work out a solution to this issue in 
order to come to the final commitment. 
Question 36 
As regards the commitment language: 
We are still discussing the matter of excise tax on  spirits with Viet Nam and cannot agree to the 
commitment language as it currently stands.  
Answer:  
We take note of the comment. 
- Tariff rate quotas, tariff exemptions 
Question 37 
Paragraph 165:  We suggest this be retained as commitment language as it currently is drafted.  
However, we would also wish to wish to inco rporate additional language which would make  WT/ACC/VNM/46 
 Page 15 
 
 
 very clear that measures Viet Nam has descri bed in paragraph 162 are not consistent with 
relevant WTO Articles mentioned in Paragraph 165.   We note that Viet Nam had suggested the 
deletion of this more specific commitment langu age.  We cannot agree to its deletion, as it refers 
to some specific limitations Viet Nam has applie d within the context of application of a TRQ. 
These limitations are all clearly WTO-inconsistent, a nd we need it to be very clear that this is 
the case, as Viet Nam has contested our arguments in paragraph 163. 
"The representative of Viet Nam confirmed that  from the date of accession, Viet Nam would 
…(as per paragraph 165).  In particular, the representative of Viet Nam confirmed that from the date of accession, it would: refrain from us ing auctioning as a method of TRQ allocation 
and would not determine TRQ allocations with re ference to their form of business registration, 
levels of domestic product or export, or on th e condition that the importer limit use of such 
imports for use in its own production.  Viet Nam confirmed it would not limit an importer's 
rights in relation to the internal sale, purchase or transfer of allocated quantities to other parties.  The Working Party took note of this commitment." 
Answer:
  
(1) We do not see the basis for some elements of this request:  for example we have never used 
auctioning in TRQ allocation and the two met hods of TRQ allocation that we proposed and 
agreed upon by Members do not include auctioning. 
(2) We would like to see WTO justification for each  element of this request. We have difficulty 
understanding why we have comm itted to be bound by all WTO rules in TRQ allocation, as 
mentioned in paragraph 165, and are still as ked to commit to additional commitment 
language. 
(3) Viet Nam and all interested Members of the Working Party has signed the 
bilateral Agreement on TRQs, which clearly stated two methods of TRQ allocation:  
(i) allocation to end-users; and (ii) allocation by the Government to the designated importers. 
We see many elements in this request not c onsistent with these two methods (and therefore 
are also contrary to the bilateral Agreement that we have signed). For example, "TRQ 
allocation without reference to the form of  business registration" is conflicting with 
"allocation to end-users".  We are not very clear  in case there is a conflict between the Goods 
Schedule (the TRQs part that we have Agreem ent on) and the text of the Draft Report (that 
we are discussing now), which one will prevail.   We are open to advice on this issue.  
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 38 
Paragraph 202 and Table 12: According to these sources import prohibition of "specialized 
encryption machines and encryption software subject to State secret" does not apply to general, 
commercially traded goods equipped with encry ption technology, which are destined for mass 
consumption. In our view this prohibition is too broad and should be further narrowed down. 
We would request Viet Nam to delete the pa rt of the sentence in paragraph 202 saying: 
"…which are destined for mass consumption". We also request Viet Nam to adapt the wording 
in Table 12 as follows: "this restriction sh all not apply to commonly traded goods for 
commercial purposes equipped wi th encryption technology". WT/ACC/VNM/46 
Page 16  
 
 Answer:
 
This text was requested by a Member of the Work ing Party (and we found it acceptable as it is not 
contrary to what we have in our system).  Therefore, we would appreciate Members of the Working Party to discuss in order to arrive at a unified text. 
Question 39 
Paragraph 196 and Table 12:  We thank Viet Nam for the explanation of the licensing system to 
be introduced to allow imports of large motorcyc les.  We note that Table 12 should be amended 
accordingly, to state that the current import ba n will be replaced by the licensing system by 
31 May 2007. 
Answer:
 
Please see the revised Table 12, which is attached as Annex 2 to this document. 
Question 40 
Paragraph 197 and Table 12:  We thank Viet Nam for the explanation of the system to be 
introduced to allow imports of used motor vehicl es.  We note that Table 12 should be amended 
accordingly, to state that the current import ba n will be replaced by the system of a three year 
quota system. 
Answer:  
Please see the revised Table 12, which is attached as Annex 2 to this document. 
Question 41 
Paragraph 214:  Large motorcycles should be added to this. 
Answer:  
We agree with the suggestion. 
- Customs valuation 
Question 42 WT/ACC/VNM/44/Add.1:  The Circular No. 118/2003/TT-BTC mentions in Chapter I "general 
Provisions", III 1) "Methods of determining tax calculating values" that the method based on 
deductive values and the method on calculated values shall temporarily not be applied. The 
Ministry of Finance shall announce th ese methods once they are applicable. 
It is suggested to inform the Vietnamese author ities that on the date of Accession the CVA has 
to be applied in full, this means that all foreseen methods of customs valuation have to be applied. 
Answer:
 
We would like to confirm that Circular No. 118/2003/TT-BTC is no longer in effect.  Decree 
No. 155/2005/ND-CP and Circular No. 113/2005/ TT-BTC dated 15 September 2005 replaced all  WT/ACC/VNM/46 
 Page 17 
 
 
 former legal documents with regard to custom s valuation, including Decree No. 60/2005/ND-CP 
dated 6 June 2002 and Circular No. 118/2005/TT-BTC dated 8 December 2003.  According to these 
new legal documents, Viet Nam has applied fully all the 6 valuation methods as stipulated in the CVA 
and this was updated in paragraph 217 of WT /ACC/SPEC/VNM5/Rev.3 dated 28 June 2006. 
- Rules of origin 
Question 43 
(Decree No. 19-2006-ND-CP "On Making Detaile d Provisions for Implementation of the 
Commercial Law with respect to Origin of Good s" of 20 February 2006):  Article 3.3 describes 
the scope of application of the Vietnamese non- preferential rules of origin (ROOs).  Would 
Viet Nam please confirm that the list of areas to  which non-preferential rules will apply is not 
exhaustive, and that the same ROOs would also  apply to other areas of non-preferential 
commercial policy instruments? 
Answer:  
In accordance with Decree No. 19/2006/ND-CP, Viet  Nam applies non-preferential rules of origin 
(ROOs) to all areas of non-preferential trade policies. 
Question 44 Articles 3.5 and 8.2 define change of tariff he ading (CTH) as origin conferring criterion and 
assign it as main criterion for origin determ inations.  Would Viet Nam please clearly specify 
whether CTH would have to take place at an HS 4 digit or an HS 6 digit level (heading or sub-
heading level).  If that depends on the product,  from what source would traders see at what level 
CTH would be required? 
Answer:
 
Viet Nam is applying CTH criterion (i.e., Change in Tariff Heading - HS 4 digit level), not CTC 
criterion (Change in Tariff Classification).  
Question 45 
Article 3.6 and 3.7 define value-added and industr ial processes as origin conferring criteria 
which Article 8.2. identifies as additional methods for origin determinations.  Would Viet Nam 
please identify the sources where the method of calculating the ad valorem  percentage value is 
being defined, and which precisely specifies the requisite origin conferring processes. 
Answer:  
The ad valorem /Value-added criterion and specific manufact uring or processing operation criterion 
are stipulated in Circular No. 08/2006/ TT-BTM dated 14 July 2006 guiding Decree 
No. 19/2006/ND CP dated 20 February 2006 by the Government. 
Question 46 
Article 14 establishes that traders can obtain a prior binding origin determination.  Would 
Viet Nam please specify how such  prior determinations will be made publicly available, subject 
of course to the protection of confidential information? WT/ACC/VNM/46 
Page 18  
 
 Answer:
 
The prior binding origin determination is provided on ly to its requester because it is made by customs 
agencies upon the importer's request.  Before importing the goods, the importer can request customs agencies to certify the origin of the intended importi ng goods in advance.  This certification will then 
be delivered to the importer. 
Question 47 Article 21 opens the possibility of legal recourse by reference to the "law on complaints and 
denunciations".  Would Viet Nam please confirm th at this reference means that the review of an 
origin determination would be independent of th e authority issuing the determination and that 
it may result in the reversal or modification of the determination. 
Answer:
 
The origin determination review can be made by th e Administrative Court (which is independent of 
the agency making the origin determination) in accordance with the Law on Complaints and 
Denunciations (this Law has been amended to  be in conformity with WTO's rules). 
Question 48 
Article 22 provides for entry into force within 15 days after publication in the Official Gazette. 
From our questions above it would appear that implementing provisions will be required to set 
out further details.  Article 22.3 provides for the adoption of the requisite guidelines and 
implementation. Would Viet Nam please confir m that such implementing provisions and 
guidelines be adopted and published prior to the entry into force of the present Decree. 
Answer:  
The implementing provisions and guidelines for Decree No. 19/2006/ND-CP include:  Circular 
No. 07/2006/TT-BTM, Circular No. 08/2006/TT-BTM,  Circular No. 10/2006/TT-BTM which have 
all been published and come into force. 
B. EXPORT REGULATIONS 
- Customs tariffs, fees, and charges for servi ces rendered, application of internal taxes to 
exports 
Question 49 Paragraphs 245 and 246:  We are still discussing the matter of export duties with Viet Nam and 
cannot agree to either of the commitment languages proposed. 
Answer:
 
We look forward to these discussions. Question 50 As expressed in the consultations on 18 July  2006 and mentioned at the Working Party on 
19 July 2006, in relation to the commitment paragraph on export taxes:  WT/ACC/VNM/46 
 Page 19 
 
 
 Considering that paragraph 245 does not reflect a ccurately the current ru les on export taxes, 
only paragraph 246 can be used, with the following necessary amendments.  
246. [The Representative of Viet Nam confirme d that Viet Nam would apply export duties, 
export restrictions  fees and charges  as well as internal regulations and taxes on or in connection 
with exportation in conformity wi th the WTO Agreement, in particula r Article I of  GATT 1994.  
The Working Party took note of this commitment.  
Rationales of the amendments: 1. Remove "restrictions":  This reference is mi splaced, because this chapter does not refer 
to export restrictions.  Moreover, the fo llowing chapter (paragraphs 247-255) is 
dedicated to export restrictions. 
2. Add "fees and charges" in the place of rest rictions:  The chapter referring to export 
duties includes also export fees and charges, which are not mentioned in paragraph 245. 
3. Remove "WTO Agreement, in particular Article I of the":   - The only WTO Agreement which refers to issues dealt in this chapter is the 
GATT 94.  Consequently, reference to the "WTO Agreement" is unnecessary; 
and 
 - GATT 94 includes Article I. 
Answer:
 
We thank you for this comment.  As members of the Working Party have different views on the issue, 
we are willing to discuss with all interested member s with a view to arriving at a mutually acceptable 
language. 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS - Industrial policy, including subsidies Question 51 Paragraph 273:  We welcome Viet Nam's commitm ent to abolish the requirement to export in 
its export processing zones.  We note that the relevant legislation on export processing zones 
would need to be amended accordingly upon acce ssion.  Could Viet Nam identify the relevant 
legislation, and indicate the timing for the amendment? 
Answer:
 
This commitment has already been implemented.  Export performance applied as conditions for 
licensing and/or granting investment incentives has been abolished pursuant to the Investment Law 
2005.  The operations of  investment activities in  export processing zones are also subject to this 
Law.  Therefore, no further legislative actions  are required to implement this commitment. WT/ACC/VNM/46 
Page 20  
 
 - Technical barriers to trade, standards and certification 
Question 52 Document WT/VNM/ACC/44:  We would like to have the finalized texts of Law on Standards 
and Technical Regulations, and the Decision No. 50/2006/QD-TTg of 10 March 2006 by the Prime Minister, issuing the List of products, goods subject to quality inspection.   
Could Viet Nam indicate when the final texts w ill be available, or are the draft texts submitted 
to this Working Party the finalized texts? 
Answer:
 
The Law on Standards and Technical Regulations was approved by Vietname se National Assembly 
on 29 June 2006 and declared by Vietnamese President on 12 July 2006.  The English translation of 
this Law will be soon submitted to the WTO Working Party. 
Decision No. 50/2006/QD-TTg of 10 March 2006 by Pr ime Minister, issuing List of products, goods 
subject to quality inspection, is equally impl emented to both domestically produced goods and 
imports.  The English translation of this Deci sion was submitted to the WTO Working Party and 
Members prior to the 12th meeting of the WP on 19 July 2006.  
Question 53 We have asked where could reference to several Articles of the TBT Agreement be found in the 
legislation, and have not found them in the texts submitted so far:  TBT Article 2.3, 
TBT Article 2.7, TBT Article 2.8, TBT Article 5.1.1, TBT Articles 5.2.2, 5.2.3, 5.2.4, 5.2.5, 5.2.6, 
5.2.7. 
These Articles are important, so we would ask Viet  Nam to identify where in the legislation they 
are addressed.  If they are not yet addressed in  the Vietnamese legislation, we would urge 
Viet Nam to transpose them  
(These are not addressed in Articles 5, 6 of  the draft Law on Standards and Technical 
Regulations). 
Answer:
 
These provisions are addressed in Article 6, 35 a nd 40 of the Law "On Standards and Technical 
Regulations" as prescribed below:  
− Article 2.3 of the TBT Agreement (on the tec hnical regulations review) is mentioned in 
Article 35 of the Law on Standards and Techni cal Regulations (upon the request made by 
organizations and individuals); 
− Article 2.7 of the TBT Agreement (on the accepta nce of equivalent technical regulations of 
other WTO Members) is relevant to paragra ph 4b, Article 6 of the Law on Standards and 
Technical Regulations on using international, re gional and foreign standards as a basis of 
technical regulations development. It will be  further elaborated in the legal documents 
guiding the implementation of the Law on Standards and Technical Regulations; 
− According to Article 2.8 of the TBT Agreemen t (wherever appropriate, technical regulations 
should be based on product requirements in te rm of performance rather than design or 
descriptive characteristics) is addressed in clause 4c, Article 6 of the Law Standards and Technical Regulations;  WT/ACC/VNM/46 
 Page 21 
 
 
 − Article 5.1.1 of the TBT Agreement (requiri ng non-discrimination in the preparation, 
adoption and application of conformity assessment  procedures) is mentioned in Article 40.3 
of the Law on Standards and Technical Regulations; 
− Article 5.2.2 of the TBT Agreement (on terms to carry out the conformity assessment 
procedures) is mentioned in Paragraph 1 of Ar ticle 40 of the Law on Standards and Technical 
Regulations (which provides that all inform ation of procedures, including the processing 
period of  conformity assessment procedure shoul d be transparent and open to applicants); 
− Article 5.2.3 of the TBT Agreement (requiring that information is limited as necessary to 
assess the compliance and costs): the fees and charges are stipulated in Vietnamese Dong and 
are based on the costs of the services rendere d as explained in Pa ragraph 291 of the 
Draft Report; 
− Article 5.2.4 of the TBT Agreement (requiring the national treatment to deal with the 
confidentiality of information about products of other Members and domestic products in 
connection with conformity assessment procedures) is regulated in clauses 2 and 3, Article 40 
of the Law on Standards and Technical Regulations; 
− Article 5.2.5 of the TBT Agreement (requiring the national treatment on imposing fees of 
conformity assessment) is regulated in clause 3, Article 40 of the Law on Standards and Technical Regulations.  In practice, exis ting Vietnamese regulations on conformity 
assessment fees do not discriminate be tween domestic and foreign products; 
− Article 5.2.6 of the TBT Agreement (requiring th at the sitting of facilities used in conformity 
assessment procedures and the selection of samples should avoid causing unnecessary 
inconvenience for applicants) is also stipulat ed in clause 4, Article 40 of Law on Standards 
and Technical Regulations (which requests conformity assessment procedures to be 
harmonized with those of the related internati onal organizations).  In fact, for example, 
according to Decision No. 50/2006/TTg of 7 Ma rch 2006 issuing the List of products and 
goods subject to quality inspection, it is fre e to select quality inspection bodies among those 
mentioned in the List as appropriate to the port of entry of the goods into Viet Nam; and 
− Article 5.2.7 of the TBT Agreement (requiring that the conformity assessment procedure for 
modified products should be limited to what is necessary to determ ine whether product still 
meets the technical regulations and standard s concerned) will be elaborated in the 
Government decree guiding the implementation of the Law on Standards and Technical Regulations. 
As such, the major requirements of the TBT Agre ement on technical regulations and conformity 
assessment procedures have been incorporated into  the Law on Standards and Technical Regulations. 
Certain issues will also be further elaborated in  the legal documents guiding the implementation of 
this Law by the relevant State authorities. 
Question 54 
We would like to repeat our question on Articl e 3 on the Ordinance of Standardization.  
Question on the Draft Ordinance on Standardization, Article 3:  contains unclear definitions 
concerning standardization, and includes also technical regulations. Where is conformity 
assessment addressed?  
We would like to have clarification as to whet her the issues mentioned in the Ordinance of 
March 2006 have been addressed somewhere else in the legislation.  If not, we would urge 
Viet Nam to transpose them in its legislation. WT/ACC/VNM/46 
Page 22  
 
 Answer:
 
Definition of standardization including technical re gulations in Article 3 of Draft Ordinance on 
Standardization was not introduced into the Law on  Standards and Technical Regulations (according 
to the decision of the National Assembly). 
Pertaining to conformity assessment activities, the Law on Standards and Technical Regulations has 
one chapter with 18 Articles regulating assessment activities in conformity with standards and 
technical regulations that include the requirement s of the TBT Agreement fo r these activities such as 
non-discrimination, not creating unnecessary obstacles to trade, transparency, harmonization with relevant international systems etc. 
Question 55 
We have asked the questions below before.  Cont rary to what Viet Nam claims, replies to them 
cannot be found in the new draft of Law on Standards and Technical Regulations.  We are therefore repeating our questions:   
− Article 4.2:  Could that be elaborated further?  To whom is this applied, under which 
circumstances etc; 
− Article 4.4:  Reference to regional standards (what is their definition, also Article 11); 
− Article 4.5:  Could the word adequately be explained? 
− Article 5.3:  Stronger commitment would be appreciated 
− Article 7.2, 7.3 and 7.4:  how is the work between the Ministries Coordinated? 
− Article 11:  Could you define regional standards? (Article 4.4) 
− Article 17:  What is the relation between organization standards and national 
standards? What about the participation in  the standardization process of organization 
standards and the possibility to comment , and their subsequent publication? 
− Article 17.3:  This Article should state at least that these standards should be based on 
international standards; 
− Article 20.1:  Could you provide with a definition of foreign standards, when would they 
be applicable? 
− Article 26:  Could you explain why words are in brackets? 
− Article 27:  International standards should co me first and not at the same level as the 
others; 
− Article 28.3:  "Urgent problems" wordings are too broad, use for example wordings as 
in Article 29.2; 
− Article 31:  What is the delay foreseen between the approval of the technical regulation 
and its publication?  Could there be a wordin g that this should be done promptly? 
(Article 2.11); 
− Article 40.3:  Could you explain the functioning of the Registry?  What about the 
requirements for foreign enterprises? 
− Article 41.1:  Could we get a list of these products?  
− Article 46.3:  Who are the "State authorized agencies" mentioned in the text? 
Answer:
 
This question relates to the Draft Ordinance on Standardization of 17 August 2005. 
We would like to answer these questions and how  the related issues were addressed in Law on 
Standards and Technical Regulations of 12 July 2006.  WT/ACC/VNM/46 
 Page 23 
 
 
 Article 4.2 
Non-discrimination stipulated in Article 4.2 is app lied to subjects specified in Article 2 of the draft 
Ordinance.  In the Law on Standards and Techni cal Regulations, the principle of non-discrimination 
to standards and technical regulations is stipul ated in Article 6.3 and to conformity assessment 
procedures is presented in Article 40.3. 
Article 4.4 
Regional standards in this Article  are not defined in this Draft Ordinance as well as in Law on 
Standards and Technical Regulations  on 12 July 2006.  The reason is that Viet Nam will concentrate 
on harmonizing national standards mainly with international standards as required by the 
TBT Agreement instead of with both international and regional standards as before.  However, 
regional and foreign standards harm onized with international ones may also be served as a basis for 
developing Viet Nam national standards. 
Article 4.5 
Content of this Article is that the sequence of the development of standards, technical regulations and 
conformity assessment procedures must be transparen t so that the related parties could participate 
and/or make comments. 
Article 5.3 
A stronger commitment is mentioned in Article 8 of  the Law on Standards and Technical Regulations. 
Articles 7.2; 7.3; 7.4 
The coordination between ministries as mentioned in these Articles of the Draft Ordinance on 
Standardization is regulated in provisions on the preparation and applicatio n of national standards 
(Chapter II), of technical regulations (Chapter  III) as well as in Chapter IV on responsibilities of 
agencies, organizations and individuals in the field of standards and technical regulations in the Law 
on Standards and Technical Regulations on 12 July 2006. 
Article 11 
Please refer to the answer concerning of Article 4.4 above. 
Article 17 
Organization standards (TCCS) in this Article are the internal standards of such organization that are 
only effective within the organization.  These st andards are primarily understood as standards of 
companies or enterprises producing and trading products or goods.  However, with the evolution of international standard ISO 9000:2000, the defin ition is expanded to other bodies such as State 
administrative agencies, public service organizations etc. 
Otherwise, Viet Nam national standards (TCVN) ar e published by Viet Nam national standardization 
body. Viet Nam national standardization body is a member of ISO, IEC, CODEX, etc.  
Article 17.3 
As a general rule, organization standards must be in compliance with the relevant technical 
regulations or other legal documents (if any).  In general, standards, incl uding both national standards WT/ACC/VNM/46 
Page 24  
 
 and organization standards should be  based on international standards.  This is prescribed in clause 
4b, Article 6 of the Law on Standards and Technical  Regulations.  In turn, technical regulations 
should be based on international standards as well.  This is also mentioned in the same Article. 
Article 20.1 
Foreign standards are standards promulgated by recognized forei gn standardization body.  In 
Viet Nam, some foreign standards (such as ASTM, BS, AS, GS...) are now used as the main basis in 
preparation of Vietnamese standards. 
Article 26 
The explanation in brackets is the translator's note for the purpose of clarifying who issued the 
mentioned technical regulations. 
At present, making comments on technical regulations is specified in clause 1b and 1c, Article 32 of 
the Law on Standards and Technical Regulations in  which all organizations and individuals could 
make comments on draft technical regulations. 
Article 27 
All standards specified in this Article are of vol untary application. As national standards are more 
popular and accessible, they are put at the first row. 
Article 28.3 
The wording of this clause wa s already the same as in Article 29 of draft Ordinance on 
Standardization and now in clause 1b, Article 34 of Law on Standards and Technical Regulations. 
Article 31 
Delay may happen between the date of publicity and the date of issuance of the technical regulations. 
However, internet is now widely used by the State au thorities.  Therefore, such delay is negligible in 
comparison with publication of hard copy of tec hnical regulations.  Moreover, apart from urgent 
circumstances, at least 6-month period of between the issuance and enforcement of technical regulations can help reduce the eff ects caused by such delay (if any). 
Article 40.3 
Registry is to assist the supervision of the Stat e authorities and consumers as well for marketed goods 
after its declaration. Here, or in other Articles, there is not a discrimination between domestic and 
foreign enterprises because they both carry out th eir business in Viet Nam and must be equally 
responsible for their activities before laws. 
Article 41.1 
The list of these products under Law on Standards and Technical Regulations has not been published. 
It may be published after 1 January 2007 (the date of effectiveness of the Law). 
Article 46.3 
This Article is related to accreditation activities.  The organization mentioned here is the one assigned 
to carry out accreditation activities.  WT/ACC/VNM/46 
 Page 25 
 
 
 Question 56 
Has Viet Nam issued technical regulations on th e basis of the framework law? If so, we would 
be happy if Viet Nam could submit one or two of them to the Working Party so that Members 
could have an understanding on how the framework law is applied in practice. 
Paragraph 291:  Considering the considerable parts of the TBT Agreement that does not seem 
to be covered by the Vietnamese legislation,  we would submit the following commitment 
language to this section: 
General commitments on Technical Regulations and standards  "The representative of Viet Nam confirmed that  Viet Nam will comply with all obligations 
under the WTO Agreement on Technical Barriers to  Trade from the date of accession without 
recourse to any transition period, and would sign  and follow the Code of Good Practice for the 
preparation, adoption and application of standa rds from the date of its accession to the WTO. 
The representative of Viet Nam confirmed that technical regulations, standards and conformity 
assessment procedures shall be based on int ernational standards where relevant international 
standards exist. 
The representative of Viet Nam further confirmed th at it will not maintain technical regulations 
if the circumstances or objectives giving rise to th eir adoption no longer exist or if the changed 
circumstances or objectives can be addressed in a less trade-restrictive manner.  From the date 
of accession, Viet Nam will give positive consid eration to accepting as equivalent technical 
regulations of other WTO Members, even if these regulations differ from its own." 
General commitments on conformity assessment procedures 
"The representative of Viet Nam confirmed that Viet Nam will use relevant guides or 
recommendations issued by international standard izing bodies as the basis for new conformity 
assessment procedures in accordance with Articl e 5.4 of the TBT Agreement.  Viet Nam shall 
accept conformity assessment certificates issued by  internationally recognized authorities of the 
exporting countries, or approvals provided by rec ognized independent conformity assessment 
bodies or agencies recognized by the Vietnamese  Governmental body.  Viet Nam shall reduce 
further the number of categories of imported pr oducts subject to mandatory certification prior 
to its accession and shall notify the revised list to the WTO by XX – date to be confirmed.   
The representative of Viet Nam confirmed that prior to the date of accession, Viet Nam will 
amend its laws and regulations as to ensure that  its conformity assessment procedures reflected 
options for recognition of technical competence of  bodies located in the territory of other WTO 
members to perform conformity assessment an d have their results accepted by Vietnamese 
authorities.  Such options would include:  the conclusion of Agreements with conformity assessment bodies in other countries (e.g., acc reditation bodies; certification bodies); the 
acceptance and non-discriminato ry consideration of applications for accreditation from 
conformity assessment bodies located in other WTO members and the acceptance of conformity 
assessment results from qualifying bodies; and other means of recognition of equivalent 
procedures. 
The representative of Viet Nam confirmed that  Viet Nam shall not use standards, technical 
regulations and conformity assessment procedu res in a manner that would be restrictive to 
international trade, prohibitive of imports,  and discriminatory of individual exporters and 
suppliers.  Viet Nam shall use the same stan dards, technical regulations and conformity WT/ACC/VNM/46 
Page 26  
 
 assessment procedures for imported and domestic  goods. It will ensure that as from date of 
accession, conformity assessment procedures are undertaken and completed as expeditiously as 
possible, that the information requirements ar e limited to what is necessary to assess the 
conformity and determine the fees, that these fees are equitable,  that the competent conformity 
assessment body promptly examines the comple teness of the documentation and informs the 
applicant in a precise and complete manner of all deficiencies, and that the body transmits as  
soon as possible the results of the assessment.  Viet  Nam will ensure that the site of facilities used 
in conformity assessment procedures and the sel ection of samples are not such as to cause 
unnecessary inconvenience to applicants.  The re presentative of Viet Nam further confirmed 
that as of the date of accession, whenever specifications of a product are changed subsequent to 
the determination of its conformity to the a pplicable technical regulation or standard, the 
conformity assessment procedure for this modified  product is limited to what is necessary to 
determine whether adequate confidence exists  that the product still meets the technical 
regulation or standard concerned. 
The representative of Viet Nam confirmed that  Viet Nam will ensure that its technical 
regulations, standards certification and labelling requirements are not applied to imports in an 
arbitrary manner, in a way that discriminate s between supplier governments where the same 
conditions apply or as a disguised restriction on international trade.  Viet Nam shall make sure 
that internal mechanisms will exist, upon accession , to inform and consult with, on an ongoing 
basis, government agencies and ministries (at nati onal and sub-national levels), and private 
sector interests on the rights and obligations  under the GATT 1994 and the TBT Agreement.   
The representative of Viet Nam confirmed that Viet Nam will, upon request of WTO members, 
meet to discuss all these measures and their impact  on trade with a view to resolving problems. 
The Working Party took note of these commitments." 
Answer:
 
We thank for the suggestions but are una ble to accept it for the following reasons: 
− The text is excessively long and we are unable to understand its  full meaning and 
implications; 
− The Law on Standards and Technical Regulations dated 12 July 2006 will come into effect on 
1 January 2007.  As Viet Nam has explained,  the major obligations under the TBT Agreement 
have been explicitly covered by this Law.  In  the drafting process, we have used extensively 
the technical assistance and have taken in to accounts the comments by Members of the 
Working Party in order to ensure the consistenc y of this Law with WTO's rules.  Given that 
fact, the comment "considering the considerable  parts of the TBT Agreement that does not 
seem to be covered by the Vietnamese legisl ation", which has been cited as the basis for 
putting forward the text, is an  unfortunate mi sunderstanding; 
− Viet Nam has committed to implement all ob ligations under the TBT Agreement from the 
date of accession without recourse to any trans ition period, as mentioned in paragraph 291 of 
the Draft Report.  Viet Nam has also tried its best to fulfil this commitment by concrete and 
comprehensive actions, including: setting up and operating the National TBT Notification 
Authority and Enquiry Point, the TBT Networ k in ministries and provinces throughout the 
country, developing and implementing the Acti on Plan for Implementing the TBT Agreement 
in Viet Nam between 2006 and 2010; and 
− There are some repetitive elements in the s uggestions:  for example, in paragraph 290 
Viet Nam has confirmed that it would accept a nd implement fully the Code of Good Practice 
for the Preparation, Adoption and Application of  Standards while it is still suggested here in 
paragraph 291.  WT/ACC/VNM/46 
 Page 27 
 
 
 - Sanitary and phytosanitary measures 
Question 57 Paragraph 302:  We have concerns with the app lication of a two-thirds  of expiration date 
limitation on entry of food products (i.e. food-r aw materials and food additives).  Such a policy 
is arbitrary and not justified by international sta ndards.  If Viet Nam is going to apply such a 
restriction, it needs to be justified on clear scie ntific grounds and supported by appropriate risk 
analysis studies.  The fact that Viet Nam ca nnot provide a list of product covered by this 
limitation suggests that it has not undertaken appropriate risk analysis (appropriate to each product subject to the restriction) in setting th is limitation.  We request that the following 
language be added to this paragraph (at the end of 302). 
A Member noted that it considered the restriction on the entry of some foods products to no 
more than two-thirds of their expiration date  to be arbitrary, non-transparent, and not 
consistent with relevant international standards.   The Member noted that such measures could 
only be justified if underpinned by scientific principles and on the basis of an appropriate risk analysis in accordance with Article 5 of the SPS Agreement.  The Member asked Viet Nam to 
confirm that its measures in relation to shelf-life were justified.  The Representative of 
Viet Nam confirmed that in relation to shelf-life restrictions or other measures that went beyond the level of protection provided for in a ppropriate international standards, it would 
ensure such measures were based on risk asse ssment in accordance with Article 5 of the 
SPS Agreement.  The Working Party took note of this commitment. 
Answer:
 
As we have explained, this proposed measure only aims to check against trade frauds.  It is not 
intended to cover any food products  that can be immediately consumed .  In addition, this measure has 
not been applied in practice since Viet Nam is still in the process of drafting the implementing 
regulations on these food raw materials and food ad ditives (that is the reason why no complete list of 
products with HS code is available).  Viet Na m can confirm that any implementing regulations 
concerning food raw materials and food additives sha ll comply with the SPS Agreement, including 
Article 5.  We can further confirm that for a ll other food products, Viet Nam will accept voluntary 
manufacturer-determined best-if-used-by dates.   
Question 58 
Paragraph 315:  We would like to submit the fo llowing commitment language for this section: 
"The representative of Viet Nam stated that from the date of accession to the WTO his 
Government would apply all its sa nitary requirements consistently with the requirements of the 
WTO Agreements on Sanitary and Phytosanitar y Measures and Import Licensing Procedures 
without recourse to any transitional arrangements .  He added that Viet Nam would not require 
additional certification or sanitary registration for products which have been certified as safe 
for human use and consumption by national comp etent bodies, and Viet Nam would ensure that 
from the date of accession its criteria for granti ng prior authorization or securing the required 
certification for imported products would be pub lished and available to traders.  He confirmed 
that sanitary and other certification require ments in Viet Nam were administered in a 
transparent and expeditious manner, and that hi s Government would be willing to consult with 
WTO Members concerning the effect of these re quirements on their trade with a view to 
resolving specific problems.  The Working Party took note of these commitments." WT/ACC/VNM/46 
Page 28  
 
 Answer:
 
We note that this is a completely new text that is very different from all other texts proposed by 
Members. Therefore, we would appreciate an opportunity to engage in further discussion to understand this request.  
Question 59 
Changes and comments proposed: 
292. The representative of Viet Nam submitted an Action Plan for the implementation of 
the Agreement on the Application of Sanita ry and Phytosanitary Measures in document 
WT/ACC/VNM/11; the plan has subsequently been revised five times.  He noted that Viet Nam was working on the establishment of an SPS regime based on international standards, 
guidelines and recommendations.  Among the main  challenges facing Viet Nam were the limited 
capability of staff to conduct pest risk analys is, the absence of a phytosanitary database.  
Viet Nam was facing difficulties in performi ng its own independent risk assessment.  His 
Government was seeking international assistan ce to address these issues.  In principle,
 
Viet Nam applied international standards in accordance with the SPS Agreement  in the areas 
where Viet Nam could not conduct its ow n independent risk assessment.   
Rationale: If Viet Nam can not make its own risk assessment, then, as prescribed by the 
SPS Agreement it must necessar ily apply the international standards recognized by the 
SPS Agreement. 
According to the proposal by Viet Nam, another acceptable proposal could be:  "In principle,  
Viet Nam applied international standards where they exist, particularly  in areas where Viet Nam 
could not conduct its own independent risk assessment". 
Answer:  
We agree with the proposal a nd accept the changes as follows: 
292. The representative of Viet Nam submitted an Action Plan for the implementation of 
the Agreement on the Application of Sanita ry and Phytosanitary Measures in document 
WT/ACC/VNM/11; the plan has subsequently been re vised five times.  He noted that Viet Nam was 
working on the establishment of an SPS regime b ased on international standards, guidelines and 
recommendations.  Among the main challenges facing Viet Nam were the limi ted capability of staff 
to conduct pest risk analysis, the absence of a phytosanitary database.  Viet Nam was facing 
difficulties in performing its own independent risk assessment.  His Government was seeking 
international assistance to address these issues.  In principle,  Viet Nam applied international standards 
in accordance with the SPS Agreement in the ar eas where Viet Nam could not conduct its own 
independent risk assessment.  
Question 60 
295. The principal legal framework for sanita ry measures was the Veterinary Ordinance 
enacted on 15 February 1993; Decree No. 93/CP of 27 November 1993 for implementation of the 
Ordinance; Regulations on animal protection a nd inspection attached to Decree No. 93/CP; the 
Regulation on Quarantine Slaughter control a nd veterinary hygiene inspection of animals and 
animal-related products; and Decisions Nos. 389 NN-TY/QD and 607 NN-TY/QD providing 
details of the Ordinance.  He added that a rev ised Veterinary Ordinance had been adopted on 
29 April 2004.  The Ordinance had entered into force on 1 October 2004 and the Decree guiding  WT/ACC/VNM/46 
 Page 29 
 
 
 the implementation of the Ordinance had been promulgated on 25 March 2005 (Decree 
No. 33/2005/ND-CP).  Provisions on inspection and quarantine of imported and exported 
animals and products of animal origin were provi ded for in Articles 29 to 37 of the Decree.  He 
added that Decree No. 129/2005/ND-CP on Administra tive Infringement in Veterinary Services, 
Decisions Nos. 45/2005/QD-BNN, 46/2005/QD-BNN, 47/2005/QD-BNN and 48/2005/QD-BNN 
and Decree No. 129/2005/ND-CP on Administrati ve Infringement in Veterinary Services 
provided a detailed legislative framework for vet erinary hygiene and food safety inspection  
procedures for veterinary drugs and vaccines.  Fees charged for veterinary services, including 
the cost for additional quarantine, testing and/ or destruction of animals, were regulated by 
Decision No. 08/2005/QD-BTC.  He added that Viet Nam was revising its food safety inspection 
procedures for production and commercialization of fishery products and developing approval 
and veterinary hygiene and food safety inspectio n procedures for aquatic animals and products 
thereof (see paragraph [361]) and that regulations on treatment of infected animals and animal 
products were expected to be issued in 2006. 
Answer:  
We would like to correct some information in this paragraph as follows: 
295.  The principal legal framework for sanitary measures was the Veterina ry Ordinance enacted 
on 15 February 1993; Decree No. 93/CP of 27 Nove mber 1993 for implementation of the Ordinance; 
Regulations on animal protection and inspection a ttached to Decree No. 93/CP; the Regulation on 
Quarantine Slaughter control and veterinary hy giene inspection of animals and animal-related 
products; and Decisions Nos. 389 NN-TY/QD a nd 607 NN-TY/QD providing details of the 
Ordinance.  He added that a revised Veterinary Ordinance had been adopted on 29 April 2004.  The 
Ordinance had entered into force on 1 October 2004 and the Decree guiding the implementation of the 
Ordinance had been promulgated on 25  15 March 2005  2004 (Decree No. 33/2005/ND-CP).  
Provisions on inspection and quarantine of importe d and exported animals and products of animal 
origin were provided for in Articles 29 to 37 of the Decree.  He added that Decree No. 129/2005/ND-
CP on Administrative Infringement in Veterina ry Services, Decisions Nos. 45/2005/QD-BNN, 
46/2005/QD BNN, 47/2005/QD-BNN, and 48/2005/QD BNN, and Decree No. 129/2005/ND-CP on 
Administrative Infringement in Veterinary Servi ces provided a detailed legislative framework for 
veterinary hygiene and food safety inspection procedures, registration and inspection procedures  
for veterinary drugs and vaccines.  Fees charged for veterinary services, including the cost for additional quarantine, testing and/or destruc tion of animals, were regulated by Decision 
No. 08/2005/QD-BTC.  He added that Viet Nam was revising its food safety inspection procedures 
for production and commercialization of fishery pr oducts and developing ap proval and veterinary 
hygiene and food safety inspection procedures fo r aquatic animals and products thereof (see 
paragraph [361]) and that regulations on treatment of infected animals and animal products were 
expected to be issued in 2006. 
Question 61 Changes and comments proposed: 298.  He further noted that Viet Nam was part icipating actively in the regional standard 
harmonization arrangements such as ASEAN, APEC and ASEM and was developing standards 
harmonized with international standards.  In response to questions about the ASEAN harmonization framework, he said that AS EAN members were developing a harmonization 
framework for phytosanitary pro cedures comprising ten agricultural products at the outset and 
applicable to ASEAN members only.  Work on a phytosanitary certification management 
system had been completed.  So far, ASEAN co untries had concentrated mainly on exchanging 
legal normative documents, results of scientific studies relating to the phytosanitary area, and WT/ACC/VNM/46 
Page 30  
 
 developed a pest list on some major crops for co nducting risk assessment.  He confirmed that 
the ASEAN harmonization framework was in lin e with the rules of the WTO SPS Agreement.  
Some members noted, and Viet Nam acknowledged it, that only Codex Alimentarius Commission, 
International Animal Health Organization (OIE ) and International Plant Protection Convention 
(IPPC) have been recognized by the Agreement on Sanitary and Phytosanitary Measures as 
international standard setting bodies.  
Rationale:  Since some international organizations have been mentioned which are not 
recognized by the SPS Agreement, it must be clarified that only Codex Alimentarius 
Commission, International Animal Health Organization (OIE) and International Plant Protection Convention (IPPC) have been recognized  as standard setting bodies.  Moreover, not 
all WTO members are members of ASEM, APEC, ASEAN. 
Answer:
 
We agree with the proposals and accept the changes as follows: 
298.  He further noted that Viet Nam was pa rticipating actively in the regional standard 
harmonization arrangements such as ASEAN, APEC  and ASEM and was developing standards 
harmonized with international standards.  In r esponse to questions about the ASEAN harmonization 
framework, he said that ASEAN members were  developing a harmonization framework for 
phytosanitary procedures comprising ten agricultural products at the outset and applicable to ASEAN 
members only.  Work on a phytosanitary certificati on management system had been completed.  So 
far, ASEAN countries had concentrated mainly on exchanging legal normative documents, results of 
scientific studies relating to the phytosanitary area, and developed a pest list on some major crops for 
conducting risk assessment.  He confirmed that  the ASEAN harmonization framework was in line 
with the rules of the WTO SPS Agreement.  So me members noted, and Viet Nam acknowledged it, 
that only Codex Alimentarius Commission, Intern ational Animal Health Organization (OIE) and 
International Plant Protection Convention (IPPC) have  been recognized by the Agreement on Sanitary 
and Phytosanitary Measures as intern ational standard setting bodies. 
Question 62 Changes and comments proposed: 300.  Asked specifically about Viet Nam's current SPS requirements for the importation of 
meat and poultry, live plants, horticultural products and grain, as well as technical 
requirements for the certification, labelling, and packaging of food products, the representative 
of Viet Nam said that Viet Nam's requ irements for imported meat were generally
 based on the 
Recommendations of the OIE, the regulations of CODEX, where they exist  and Agreements 
between Viet Nam and exporting countries.  Poul try meat importers were required to obtain a 
sanitary certificate issued by the National Veterinary Authority of the exporting country, 
certifying that (i) the exporting country or region  was free from Avian influenza. 
Chapter 2.7.12 of the "Code for Land Animals" of OIE admits the possibility of declaring a 
country, zone or compartment as free from avian flu.  For that reason, Viet Nam should adjust 
their legislation to that. 
(ii) the meat originated from healthy poultry in  disease free zones, (iii) the poultry had been 
examined ante-mortem and post-mor tem and found free from clinical signs of animal infectious 
disease, and (iv) met all veterinary hygiene standards and were free from harmful micro-
organisms.  He confirmed that the ante-mor tem and post-mortem examinations were also 
applicable in Viet Nam and that meat requirement s were generally based on OIE standards.  In  WT/ACC/VNM/46 
 Page 31 
 
 
 the remaining cases, Viet Nam's standards were not stricter than internationally established 
standards.  Plants imported for consumption, including grains, were required to be free from 
plant quarantine pests of Viet Nam and be acco mpanied by a Phytosanitary Certificate of the 
exporting country.  Live plants imported for propagation or planting should have a quarantine permit issued by the competent Vietnamese authority, a Phytosanitary Certificate of the 
exporting country, and be free from plant quarant ine pests.  As for technical requirements for 
the certification of food products, Viet Nam a pplied certification procedures based on national 
and international standards, and certified the quality management system based on ISO 9000, 
Good Manufacturing Practices (GMP) and Haza rd Analysis and Critical Control Point 
(HACCP) for food producing units.  Labelling a nd packaging of food products was regulated 
according to the Prime Minister's Decision No. 178/1999/QD-TTg of 30 August 1999, Circular 
No. 34/1999/TT-BTM of 15 December 1999 guiding th e implementation of the Decision, and 
Circular No. 15/2000/TT-BYT of 30 June 2000. 
Answer:
 
We agree with the proposals and accept the changes as follows: 
300.  Asked specifically about Viet Nam's curre nt SPS requirements for the importation of meat 
and poultry, live plants, horticultural products and grain, as well as technical requirements for the 
certification, labelling, and packaging of food prod ucts, the representative of Viet Nam said that 
Viet Nam's requirements for imported meat were generally based on the Recommendations of the OIE, the regulations of CODEX, where they exist  and Agreements between Viet Nam and exporting 
countries.  Poultry meat importers were required to obtain a sanitary certificate issued by the National 
Veterinary Authority of the exporting country, certifying that (i) the exporting country or region  was 
free from Avian influenza, (ii) the meat originat ed from healthy poultry slaughtered in disease free 
zones, (iii) the poultry had been examined ante-m ortem and post-mortem and found free from clinical 
signs of animal infectious disease, and (iv) met a ll veterinary hygiene standards and were free from 
harmful micro-organisms.  He confirmed that th e ante-mortem and post-mortem examinations were 
also applicable in Viet Nam and that meat require ments were generally based on OIE standards.  In 
the remaining cases, Viet Nam's standards were not st ricter than internationally established standards.  
Plants imported for consumption, including grains , were required to be free from plant quarantine 
pests of Viet Nam and be accompanied by a Phytosan itary Certificate of the exporting country.  Live 
plants imported for propagation or planting should have a quarantine permit issued by the competent 
Vietnamese authority, a Phytosanitary Certificat e of the exporting country, and be free from plant 
quarantine pests.  As for technical requirements for the certification of food products, Viet Nam 
applied certification procedures based on national and international standards,  and certified the quality 
management system based on ISO 9000, Good Manuf acturing Practices (GMP) and Hazard Analysis 
and Critical Control Point (HACCP) for food prod ucing units.  Labelling and packaging of food 
products was regulated according to the Prime Minister's Decision No. 178/1999/QD-TTg of 
30 August 1999, Circular No. 34/1999/TT-BTM of 15 December 1999 guiding the implementation of 
the Decision, and Circular No. 15/2000/TT-BYT of 30 June 2000. 
Question 63 
Changes and comments proposed: 303.  The representative of Viet
 Nam further noted that the recognition of different measures 
from other countries to ensure an equivalent level of  protection was difficult as developed 
countries applied higher and stricter measures of hygiene, and plant and animal quarantine 
than Viet  Nam could afford.  Asked to describe the process in place to enable the recognition of 
measures, he said that Viet Nam required ot her countries to announce a complete list of  identify 
the relevant SPS measures  including an indication of what these measures were based upon,  to WT/ACC/VNM/46 
Page 32  
 
 allow the Vietnamese authorities to evaluate the m measures 
in accordance with the Decision on 
Equivalence (G/SPS/19/Rev.2). ".  On-site investigations were conducted in the countries if 
necessary to check the implementation of the measures.  Viet Nam had signed a number of 
bilateral Agreements on food hygiene and safety , and sanitary and phyto sanitary measures with 
other countries.  As per November 2005, Vi et Nam had Agreements and Memoranda of 
understanding on plant protection and quarantine co-operation with 11 countries 
and Agreements and Memoranda of  understanding on animal health and quarantine with 13 
countries.  SPS Agreements and Memoranda of understanding had also been signed with 
Canada, China, the Republic of Korea, and Thailand, as well as a Mutual Recognition Agreement on fishery with the EC.  Viet Nam expected to sign an Agreement on 
mutual recognition regarding processed food with ASEAN countries and bilateral Agreements 
on food safety with Lao PDR and Cambodia in 2007.  He added that Viet Nam intended to develop more concrete equivalent recognition procedures for SPS measures.  His Government 
was seeking technical assistance to address this issue.  
Rationale:  
1.  The first sentence misses the point becau se the idea on equivalence is not to copy or 
internally implement measures from other ex porting countries, but to recognize them (if 
they are "equivalent" to achieve the adequate level of protection of Viet Nam).  
2.  The second sentence has to be corrected,  because there is no need to request the 
"complete list" of measures. It may be sufficient or a specific measure or measures related to a certain product or categories of products, as provided for in the equivalence 
Decision. 
Answer:
 
We agree with the proposals, with some changes as follows: 
303.  The representative of Viet  Nam further noted that the recognition of different measures fr om 
other countries to ensure an equivalent level of protection was difficult as developed countries applied 
higher and stricter measures of hygiene, a nd plant and animal quarantine than Viet  Nam could afford.  
Asked to describe the process in pl ace to enable the recognition of measures, he said that Viet Nam 
required other countries to announce a complete list of identify the relevant SPS measures in details 
including references for their setting up  including an indication of what these measures were based 
upon, to allow the Vietnamese authorities to evaluate the m measures in accordance with the Decision 
on Equivalence (G/SPS/19/Rev.2) .  On-site investigations were conducted in the countries if 
necessary to check the implementation of the measures.  Viet Nam had signed a number of 
bilateral Agreements on food hygiene and safety, an d sanitary and phytosanitary measures with other 
countries.  As per November 2005, Viet Nam ha d Agreements and Memora nda of understanding on 
plant protection and quarantine co-operation with 11 countries and Agreements and Memoranda of 
understanding on animal health and quarantine w ith 13 countries.  SPS Agreements and Memoranda 
of understanding had also been si gned with Canada, China, the Repub lic of Korea, and Thailand, as 
well as a Mutual Recognition Agreement on fishery with the EC.  Viet Nam expected to sign 
an Agreement on mutual recognition regard ing processed food with ASEAN countries and 
bilateral Agreements on food safety with Lao PDR and Cambodia in 2007.  He added that Viet Nam 
intended to develop more conc rete equivalent recognition procedures for SPS measures.  His 
Government was seeking technical assistance to address this issue.  
Question 64 Changes and comments proposed:  WT/ACC/VNM/46 
 Page 33 
 
 
 305.  Some Members requested Viet Nam to de tail how it would act when international 
standards did not exist or the level of protectio n of an international standard did not meet 
Viet Nam's appropriate level of protection, as the Agreement stipulated that Viet Nam would 
need to undertake a risk analysis to validate ea ch measure (Article 5. 1), or determine that 
insufficient scientific evidence would only just ify the application of a provisional measure 
(Article 5.7).  Viet Nam was invited to develo p a process for approving scientifically justified 
measures stricter than international norms.  A Member noted that WTO provisions did not 
require WTO Members to conduct their own risk assessment; when technically viable, they 
could use those conducted by other Member s or international organizations.  Viet  Nam was 
asked to revise its Action Plan to include Article  5.7 considerations.   
Rationale:  There is no need to mentio n this, because it has been superseded. 
Answer:  
We agree with the proposals and accept the changes as follows: 
305.  Some Members requested Viet Nam to detail how it would act when international standards 
did not exist or the level of protection of an international standard did not meet Viet Nam's 
appropriate level of protection, as the Agreement s tipulated that Viet Nam would need to undertake a 
risk analysis to validate each measure (Article 5.1) , or determine that insu fficient scientific evidence 
would only justify the application of a provisional me asure (Article 5.7).  Vi et Nam was invited to 
develop a process for approving scientifically justifie d measures stricter than international norms.  A 
Member noted that WTO provisions did not require WTO Members to conduct their own risk assessment; when technically viable, they c ould use those conducted by other Members or 
international organizations.  Viet
 Nam was asked to revise its Action Plan to include Article  5.7 
considerations.  
Question 65 
Changes and comments proposed: 306.  The representative of Viet Nam replied  that Viet Nam's SPS standards were based on 
CODEX, IPPC and OIE standards, but had a gen erally lower level of protection in order to 
adapt to the production conditions in Viet Nam.  Should CODEX, IPPC and OIE standards not be available, Viet Nam would adopt the standard s of regional or developed countries, or as a 
last resort, national standards would be applied to  the extent that these were consistent with the 
SPS Agreement.  In the event of non-existent or insufficient international standards, Viet Nam 
would undertake its own risk assessment to meet its appropriate level of protection or consult 
the regulations of WTO Members, in particular those having trade relations with Viet Nam, 
and seek technical assistance to develop appropri ate measures in accordance with Paragraphs 1 
and the second sentence of paragraph  7 of Article 5 of the SPS Agreement. 
Comment:  it is hard to envision the need to apply for technical assistance in order to adopt 
some precautionary measure, due to the na ture of such measures. However, once such 
precautionary measure is adopted, assistance could be necessary in order to search for 
additional information that allows au thorities to perform risk assessment. 
Answer:
 
We agree with the proposals, with some changes as follows: WT/ACC/VNM/46 
Page 34  
 
 306.  The representative of Viet Nam replied th at Viet Nam's SPS standards were based on 
CODEX, IPPC and OIE standards, but  had a generally lower level of protection in order to adapt to 
the production conditions in Viet Nam.  Should CODE X, IPPC and OIE standards not be available, 
Viet Nam would adopt the standards of regional or developed countries, or as a last resort, national 
standards would be applied to the extent that these were consistent with the SPS Agreement.  In the 
event of non-existent or insufficient international standards, Viet Nam would undertake its own risk 
assessment to meet its appropriate level of protectio n or consult the regulations of WTO Members, in 
particular those having trade relations with Viet Nam, and seek technical assistance to develop appropriate measures in accordance with  Paragraphs 1 and the second sentence of
 paragraph 7  of 
Article 5 of the SPS Agreement. 
Question 66 Changes and comments proposed: 312.  Important notice: Definition of drafting on this paragraph in this chapter depends on 
the new regulation of Viet Nam (Decree on Labelling). 
A Member was concerned that Viet
 Nam required compulsory food labelling for all genetically 
modified products.  Th is Member asked Viet  Nam to clarify whether its regulatory framework 
provided for differential treatment with regard  to approval of GMOs to be released into the 
environment in Viet  Nam, as opposed to GMOs brought into  the country for food, feed and/or 
processing and enquired about implementation of the National Biosecurity Framework.  
Viet Nam was also invited to descri be the scope of its new mandato ry labelling requirement.  In 
response, the representative of Viet  Nam noted that this was a relatively new subject in 
Viet Nam and that no national standards for GMO products had been developed yet.  
Viet Nam's capacity to a ssess the impact of GMO products was still limited.  Labelling of GMO 
products was subject to the same regulatio ns as other products, i.e. Decision No.  178/1999/QD -
TTg of 30  August  1999 on the importation, exportation and domestic circulation of goods, 
Decision of the Ministry of Health No.  4196/QD -BYT of 31 August 2000, and Circular 
No. 15/2000/TT -BYT of 30  June 2000 providing guidelines for the labelling of foodstuff.  Thus, t  
The circulation of GMO products in the Vietnamese market was permitted,  without mandatory 
labelling  on GMO products regarding the GM origin of the product.  As labelling only aimed at 
providing general information to the consumers. ,  Hhe noted that Decision No. 178 has been   
would be  repealed by the a Government Decree (identify it here) , which would include d general  
labelling provisions consistent with international practice and based on scientific evidence.  
A Member reminded Viet Nam that any standard s relating to GMOs would have to be in 
conformity with WTO rules and jurisprudence  in this area.  The representative of Viet Nam 
confirmed that Viet Nam would apply the SPS Agreement, including rules and jurisprudence that may be applicable to the treatment of GMOs, from the date of accession.   
Answer:
 
We would prefer to delete this paragraph as it is irrelevant here.  In case Members find it necessary to 
have a text on this issue, we would like to propose the following: 
312. The representative of Viet Nam confirmed that , while preserving Viet Nam's right to protect 
human, animal or plant life or health in its te rritory in accordance with the WTO Agreement, the 
current legal system of Viet Nam did not prohibit the circulation of GMO products in the Vietnamese 
market. Viet Nam would continue to have a po licy that was science-based, transparent, and 
predictable, and would continue to establish proced ures related to this policy based on modern risk  WT/ACC/VNM/46 
 Page 35 
 
 
 assessment principles and guidelines, including th ose of the WTO SPS and TBT Agreements, Codex 
Alimentarius Commission and the Interna tional Plant Protection Convention.   
Question 67 
315.  [ The representative of Viet Nam confirmed that Viet Nam would [amend its laws and 
rescind any existing SPS measures that did not comply with the SPS  Agreement requirements 
prior to its accession]  [apply the Agreement on the Applicatio n of Sanitary and Phytosanitary 
Measures from the date of accession without recourse to any transition period] .  He further 
confirmed that SPS measures applied under the purvi ew of line management would be subject 
to all relevant disciplines of the SPS Agreement .  The Working Party took note of these 
commitments.]   
Answer:  
We agree with the proposals and accept the changes as follows: 
315.  [ The representative of Viet Nam confirmed that Viet Nam would [amend its laws a nd rescind 
any existing SPS measures that did not comply with the SPS  Agreement requirements prior to its 
accession] [ apply the Agreement on the Application of Sa nitary and Phytosanitary Measures from the 
date of accession without recourse to any transition period] .  He further confirmed that SPS measures 
applied under the purview of line management woul d be subject to all relevant disciplines of the 
SPS Agreement.  The Working Party took note of these commitments.]   
- Free zones, special economic areas 
Question 68 Paragraph 325:  We welcome Viet Nam's commitm ent to abolish the requirement to export in 
its export processing zones.  We note that the relevant legislation on export processing zones 
would need to be amended accordingly upon acce ssion.  Could Viet Nam identify the relevant 
legislation, and indicate the timetable for the amendment? 
Answer:
 
This commitment has already been implemented.  Export performance applied as conditions for 
licensing and/or granting investment incentives has been abolished pursuant to the Investment Law 
2005.  The operations  of investment activities in  export processing zones are also subject to this 
Law.  Therefore, no further legislative actions are required to implement this commitment.       
Question 69 
Paragraph 326:  We would like to add the foll owing to the commitment language for this 
section: 
"The representative of Viet Nam confirmed that enterprises in export processing zones are not 
required to export their products". 
Answer:  
We can confirm that export performance applie d as conditions for licensing and/or granting 
investment incentives has already been abolished pursuant to the Investment Law 2005.  The  
operations  of investment activities in  export processing zones are also subject to this Law.  WT/ACC/VNM/46 
Page 36  
 
 If this confirmation is still not acceptable, we can agree to the following language:  "The 
representative of Viet Nam confirmed that, not withstanding Viet Nam's commitments with respect to export subsidies, enterprises in export processing z ones are not required to export their products." 
- Core labour standards 
Question 70 
Paragraphs 368-369:  We are in favour of maintaining this section. Answer:
 
We note that this section does not appear in the Draft Report of the Working Party of other newly 
acceded Members.  We share the view, which has been supported by some Working Party Members, 
that this section be deleted. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME - GENERAL - Copyright and related rights Question 71 Limitations and Exceptions for Copyright Protect ion (points 389 and 390 of the Working Party 
Report):  Certain limitations and exceptions to  copyright protection set out in the IP Law 
appear to be wider than allowed under Article 13 TRIPS.  It is not clear how some of these 
exceptions will avoid "… conflict with a normal exploitation of the work…" and "… not unreasonably prejudice the legitimate interests of the right holder".  Any limitations and exceptions under Articles 25, 26, 32, and 33 of the IP Law should be clearly conditioned to such conditions. 
Answer:
 
The IP Law prescribes copyright in Articles 19, 20 and rights of related rights holder in Articles 29, 
30, and 31.  Besides, the IP Law also prescribes li mitations and exceptions of copyright protection and 
related rights in provisions of Articles 25, 26, 32,  and 33. However, to prevent misuses of these 
limitations and exceptions, the IP Law also sets out regulations (in provision 2 of Articles 25, 26, 32, 
and 33) that "… conflict with a normal exploitatio n of the work…" and "…not unreasonably prejudice 
the legitimate interests of the right holder, copyri ght and related right holder..." for deterring purposes. 
These regulations are in conformity with Bern e Convention (Provision 2, Article 9) and 
TRIPS Agreement (Article 13).  
- Geographical indications, including appellations of origin 
Question 72 
Ownership of GIs (point 412 of the Working Party Report):  Do Articles 22 (implying 
ownership of GIs by the Vietnamese state) a nd 32.2 and 37.7 (implying the intervention of 
various technical ministries and local authorities in the examination of new applications for GI 
registration) of the "Decree Making detailed provisions and providing guidelines for implementing the provisions of the Intellectua l Property Law concerning industrial property"  WT/ACC/VNM/46 
 Page 37 
 
 
 apply to geographical indications of a country oth er than Viet Nam (i.e., referring to a territory 
of production outside Viet Nam)? 
Answer:  
Article 22 of the draft Decree making detailed pr ovisions and providing guidelines for implementing 
certain Articles of the Intellectual Property Law concerning industrial property provides for guidance 
to the exercise of State ownership of geographical  indications under Article 214.4 of the Intellectual 
Property Law.  Therefore, this Article is only a pplicable to the Vietnamese geographical indications. 
For foreign geographical indications, any entity having the rights to own, manage and use a 
geographical indication in its country of origin pursu ant to the law of such country will have the same 
rights in Viet Nam if such geographical indicati on is registered in Viet Nam.  The purpose of 
Article 32 of the Draft Decree making detailed pr ovisions and providing guidelines for implementing 
certain Articles of the Intellectual Property Law con cerning industrial property is to clarify intellectual 
property - related responsibilities of ministries and localities under their management scope. Article 32.7 does not imply the intervention of local authorities in examination of new application for 
geographical indication registration, but just provi des for responsibilities of local authorities in the 
processes of preparing application dossier, filling a pplication (for registra tion) and organizing the 
management of geographical indicati ons belonging to their own localities. 
Question 73 
Consumer deception (point 411 of the Working Party Report):  Does Article 21.3 (which would 
appear to require proof of consumer deception in usurpations of GIs) of the "Decree Making detailed provisions and providing guidelines for implementation of certain Articles of the Law 
on Intellectual Property regarding Protection of Intellectual Property Rights" derogate in any 
way the protection provided under Article 129.3.(d) of the IPR law that entered into force on 1 July 2006 (which, in line with Article 23 of the TRIPS Agreement , does not require such 
proof)? 
Answer:
 
Viet Nam appreciates this suggestion and will in troduce it into the draft Decree making detailed 
provisions and providing guidelines for implementing certain Articles of the Intellectual Property Law 
concerning intellectual property enforcement in a ma nner that would re-affirms the special protection 
for wine and spirits provided for in Article 129.3(d) of the Intellectual Property Law. 
Question 74 
Data Protection:  Clarification of Data Pr otection terms (point 432 of the Working Party 
Report):  Although the IP Law provides for da ta protection, we are concerned that the 
implementing "guidelines" have not yet been drafted. 
Answer:  
The draft Decree detailing and guiding the implementation of certain Articles of the Intellectual 
Property Law concerning industrial property include s provisions on responsibilities of ministries and 
localities concerning data protection.  Article 32.3 of the draft Decree stipulates that the Ministry of 
Health, the Ministry of Agriculture and Rural Development are responsible for taking lead, in 
cooperation with the Ministry of Science and Technology, in guiding the implementation of 
provisions on test data protection as part of pr ocedures of registration for marketing medicines, 
vaccinations and agricultural chemicals. WT/ACC/VNM/46 
Page 38  
 
 - ENFORCEMENT 
Question 75 IPR Enforcement:  Penalties Must  Be Deterrent (point 450 of the Working Party Report):  In 
administrative enforcement cases, infringing goo ds appear to be valued and penalties imposed 
based on the value of the infringing goods rather than the market price of the genuine goods.  
(Article 214.4 of the IP Law and Article 35.2 of the enforcement decree implementing the law.)  
We are concerned that determining penalties based  on the value of the infringing goods does not 
adequately reflect the harm to the right ho lder and will not create a deterrent to further 
infringements. Penalties should be based on the value of the genuine good. 
Answer:
 
In the Vietnamese intellectual property enfor cement system, along with civil procedures (for 
recovering the legitimate interests of the right holders) and criminal procedures (for punishing IPR 
infringing acts of criminal nature), the administra tive procedures are also used in combination with 
the other two recourses to protect consumers a nd society through prompt and effective measures 
against intellectual property infringing acts (pr ovided for in Article 211 of the 2005 Intellectual 
Property Law). These are deterrent and punitive reme dies which eradicate the infringer's motives and 
the material conditions for repeating such offences.   Therefore, administrative remedies are applied 
mainly to revoke the illegal incomes and the im plements of these infringers, meanwhile punishing 
them based on these grounds rather than the damage level of a specific right holder -- which is typical 
feature of the civil procedures.  
Legislation in Viet Nam has been drafted in accordan ce with this internationally recognized principle.  
Pursuant to Article 214 of the IP Law 2005, monetary fine is just one of the administrative remedies 
applicable to the IPR infringers.  Apart from moneta ry fine, the IPR infringer would also be subject to 
one or several other supplementary remedies, incl uding:  (i) confiscation of intellectual property 
counterfeit goods, materials, raw mate rials and implements mainly used for manufacturing or trading 
such intellectual property counterfeit goods (Article  214.2.a); (ii) suspension of relevant business 
activities for a definite term; and (iii) compelling d estruction, distribution or use of the intellectual 
property counterfeit goods for non-commercial purposes,  compelling delivery of the transiting goods 
out of the territory of Viet Nam or compelling re-export of the intellectual property counterfeit goods 
after having removed infringing elements (Article 214.3).  
Furthermore, besides the aforesaid administrative re medies, the IPR infringer would still be subject to 
a court judgment for the damages caused by the same infringing act (Articles 198.1.b and d of the 
Intellectual Property Law 2005).  
Therefore, in our view, the combination of the a bove-mentioned remedies is sufficient to provide a 
deterrent punishment on IPR infringers. 
Question 76 
Seizure and Destruction Authority:  The authority to both seize and destroy pirated and 
counterfeit goods is not explicitly provided for criminal, civil, administrative or border 
enforcement.  The authority to both seize and destroy infringing goods should be described explicitly.     WT/ACC/VNM/46 
 Page 39 
 
 
 Answer:  
The seizure of property as provided for in Article  156 of the 1999 Criminal Code on the crimes of 
producing and/or trading in counterfeit goods is al so applicable to intellectual property counterfeit 
goods prescribed in Article 213 of the Intellectual Prope rty Law.  In addition, Article 76 of the 2003 
Criminal Procedures Code also provides for seizure, confiscation or destruction of material evidence 
which are tools, means of crime or circulation prohi bited objects; seizure and destruction of material 
evidence which are unvalued or unusable.  If it is of  the view of some Members that more explicit 
rules are needed, we are willing to work with  these Members to elaborate the above-mentioned 
provisions in more detail in the Viet Nam's legal system.  
The seizure and destruction of infringing goods in  the administrative enforcement of intellectual 
property right are provided for in Articles 214.3 a nd 215.2.b of the Intellectual Property Law. During 
implementation of border control measures with rega rd to intellectual property, the Customs also has 
the right to apply the above-mentioned seizure and destruction measures with regard to intellectual 
property counterfeit goods (pirated goods and coun terfeit trademark goods, counterfeit GI goods) in 
accordance with Article 216.4 of the Intellectua l Property Law.  The measure of compelled 
destruction of infringing goods in civil enforcement of intellectual property rights are provided for in 
Article 202.5 of the Intellectual Property Law. 
Question 77 
Commitment language:  We will provide commitm ent language on IPR enforcement at a later 
stage. 
Answer:   
We look forward to receiving this commitment language in the near future. 
VI.  POLICIES AFFECTING TRADE IN SERVICES 
Question 78 We would like to seek the reasons for the ch anges of description from paragraph 458 of 
WT/ACC/SPEC/VNM/5/Rev.2 to paragraph 468 of document WT/ACC/SPECNNM/5/Rev.3, 
indicated below. 
WT/ACC/SPEC/VNM/5/Rev.2: 458.  Concerning professional services, he said  that the requirements for establishment, 
operation, rights and obligations of legal professionals practising in Viet Nam were specified in Decree No. 87/2003/ND-CP of 22 July 2003.  Pursuant to this Decree, foreign lawyers and  foreign 
lawyer organizations could practice in Viet Nam in the form of a branch of a foreign lawyer 
organization, a foreign law firm, or a foreign-V ietnamese law partnership. To work as a lawyer 
in Viet Nam, foreigners were required to hold a practising certificate issued by a competent 
foreign agency or organization, show goodwill towa rds the state of Viet Nam, and be employed 
by a foreign law practice or a Vietnamese lawyer organization.  Pursuant to Government Decree 
No. 92/1998/ND-CP of 10 November 1998 on legal consultancy of foreign lawyers in Viet Nam, 
minimum five years of experience in legal cons ultancy was required for the heads of foreign law 
firm branches in Viet Nam.  The experience coul d be obtained in any country.  Foreign lawyers in 
Viet Nam were not allowed to advise on Vietna mese laws, and were only permitted to advise on 
foreign and international law in the areas of bu siness, investment, and commerce.  Foreign law 
firms could enter into legal consulting coopera tion contracts with Vietnamese legal services WT/ACC/VNM/46 
Page 40  
 
 suppliers to receive advice on Vietnamese laws.   Foreign auditing firms could operate in 
Viet Nam in the form of a joint-venture with a Vietnamese auditing firm. Wholly foreign-owned 
auditing firms had to be licensed as provided for in the Foreign Investment Law and other 
related legal acts. Advertising was a new activity in Viet Nam, and the market would be liberalized gradually. 
WT/ACC/SPEC/VNM/5/Rev.3: 
468.  Concerning professional services, he said  that the requirements for establishment, 
operation, 'rights and obligations of legal professionals practising in Viet Nam were specified in Decree No. 87/2003/ND-CP of 22 July 2003.  Pursuant to this Decree, foreign lawyer 
organizations could practice in Viet Nam in the form of a branch of a foreign lawyer 
organization, a foreign law firm, or a foreign-Vietnamese law partnership; foreign lawyers could 
practice foreign and international law as members or employees of  Vietnam-based foreign lawyers' 
law-practicing organizations, or as employees of Vietnamese lawyer offices or Vietnamese law partnerships.   To work as a lawyer in Viet Nam,  foreigners were required to hold a valid 
practising certificate issued by a competent foreign agency or organization, show goodwill 
towards the state of Viet Nam, and be employed by a Viet Nam-based foreign lawyer 
organization or a Vietnamese lawyer organization. Foreign auditing firms could operate in Viet Nam in the form of a joint-venture with a Vietnamese auditing firm.  Wholly foreign-
owned auditing firms had to be licensed as pr ovided for in the Foreign Investment Law and 
other related legal acts.  Advertising was a new ac tivity in Viet Nam, and the market would be 
liberalized gradually. 
Answer:
  
In 2003, Viet Nam promulgated Decree No. 87/2003 /ND-CP dated 22 July 2003 on legal practice of 
foreign lawyers and foreign lawyer organizatio ns in Viet Nam in replacement of Decree 
No. 92/1998/ND-CP dated 10 November 1998 on le gal consulting practice of foreign lawyers and 
foreign lawyer organizations in Viet Nam.  Thus, paragraph 468 in WT/ACC/SPEC/VNM/5/Rev.3 
cannot be revised as it has reflected Viet Nam's le gal status concerning legal services at that time. If 
some Members of the Working Party are not comfor table with such language, we can agree to the 
deletion of all the references to the old legal documents and their description. 
Question 79 
Paragraph 477 –we welcome this commitment langu age.  We note that "foreign banks operating 
in Viet Nam were granted full MFN and national treatment in the placement and operation of 
ATMs."  We ask if Viet Nam can indicate the Decree (Decree No. 22?) or other relevant 
administrative instrument that gives rise to th is commitment.  If Viet Nam intends to amend 
Decree No. 22 or another Decree to meet this commitment, could it indicate so in this section? 
Answer:  
Viet Nam would like to reaffirm that the provisions of Decree No. 22/2006/N Đ-CP issued on 
28 February 2006 on Organization and Operation of  Foreign Bank Branches, Joint-venture Banks, 
100 per cent Foreign-Owned Banks and Representativ e Offices of Foreign Credit Institutions in 
Viet Nam are not contrary to the commitment language in paragraph 4 77.  In our opinion, 
commitment language in paragraph 477 is clear, which is consolidated on the basis of the final results 
of bilateral negotiations with some Members of th e Working Party.  Therefore, though we understand 
and appreciate the comment, we are not in a suitable position to amend or supplement the 
commitment language of this paragraph.   WT/ACC/VNM/46 
 Page 41 
 
 
 Question 80 
Could Viet Nam provide additional clarifications regarding criteria for companies to be licensed 
to use satellite- earth stations? 
Answer:  
The detailed licensing criteria for the use of satellite -earth stations will be developed in consistency 
with the licensing principles Viet Nam has committe d in the paragraph 495 of the draft Working Party 
Report, document WT/ACC/SPEC/VNM/5/Rev.3.  
Question 81 
In paragraph 475 related to financial services, could Viet Nam confirm if its future licensing 
requirements for 100 per cent foreign-owned banks will be purely prudential?  If this is the 
case, to avoid any confusion in the text, we prop ose to remove the word 'otherwise' and add the 
adjective 'purely' before the word 'prudential'. 
Answer:  
Viet Nam confirms that future licensing requireme nts for 100 per cent foreign-owned banks will be 
based on prudential regulations.  In our opinion, commitment language in paragraph 475 is clear, 
which is consolidated on the basis of the final resu lts of bilateral negotiations with some Members of 
the Working Party.  Therefore, though we understa nd and appreciate the comment, we are not in a 
suitable position to amend or supplement the commitment language of this paragraph.  
Question 82 
We thank Viet Nam for providing clarifications  on licensing criteria for insurance services 
licence and securities services licence in Anne x 2 of the additional questions and replies 
(document WT/ACC/VNM/44).  We note that in  case of incompatibility between these criteria 
and the commitments undertaken by Viet Nam its services schedule, the commitments will 
prevail.  
Answer:  
Viet Nam agrees that in case of incompatib ility between these criteria and the commitments 
undertaken by Viet Nam in its services sch edule, the commitments will prevail. 
Question 83 
We would propose the following commitment language to be added to the text:  
"The representative of Viet Nam confirmed th at upon accession Viet Nam would ensure that 
Viet Nam's licensing procedures and condition s would not act as barriers to market access and 
would not be more trade restrictive than ne cessary.  In accordance with Viet Nam's 
commitments under the WTO Agreement, the Draft Protocol and its Schedule of Specific 
Commitments, the representative of Viet Nam co nfirmed that for those services included in 
Viet Nam's Schedule of Specific Commitments, Viet Nam would ensure that:  
(a)  Viet Nam's licensing pr ocedures and conditions were published prior to becoming 
effective;  WT/ACC/VNM/46 
Page 42  
 
 (b)  In that publication, Viet Nam would sp ecify reasonable time frames for review and 
decision by all relevant authorities in Viet Nam's licensing procedures and conditions;  
(c)  Applicants would be able to request licensing without individual invitation;  (d)  Any fees charged, which were not deemed to  include fees determined through auction or 
a tendering process, would be commensurate wi th the administrative cost of processing 
an application; 
(e)  The competent authorities of Viet Nam would,  after receipt of an application, inform the 
applicant whether the application was consid ered complete under Viet Nam's domestic 
laws and regulations and in the case of incomp lete applications, identify the additional 
information that was required to complete the application and provide the opportunity 
to cure deficiencies;  
(f)  Decisions would be taken promptly on all applications;  (g)  If an application was terminated or deni ed, the applicant would be informed in writing 
and without delay the reasons for such action. The applicant would have the possibility of resubmitting, at its discretion, a new application that addressed the reasons for 
termination or denial; 
(h)  If an application was approved, the applic ant would be informed in writing and without 
delay.  The licence or approval would enable  the applicant to start the commercial 
operations upon registration of the comp any with [name of relevant Vietnamese 
authority] for fiscal and other similar admini strative purposes.  This registration would 
be completed within two months of the subm ission of a complete file, as required by 
public [name of relevant Vietnamese authority] regulations, and in accordance with 
Viet Nam's Schedule of Specific Commitments; and 
(i)  Where Viet Nam required an examination to licence professionals, such examinations 
would be scheduled at reasonable intervals.   
The Working Party took note of these commitments." 
Answer:
 
In our opinion, commitment language in para graphs 494 and 495 is clear and correspond to the 
contents of this proposal.  Paragr aphs 494 and 495 are consolidated on the basis of the final results of 
bilateral negotiations with some Members of the Working Party.  Therefore, though we understand 
and appreciate the comment, we are not in a suitable position to amend or supplement the 
commitment language of these paragraphs. 
 
_______________ 
  WT/ACC/VNM/46 
 Page 43 
 
 
 ANNEX 1 
I - List of Goods and Services in which Business is Prohibited  
(Issued with Decree No. 59-2006-ND-CP of the Government dated 12 June 2006)  
No. Name of Goods and Services Current Legal Instrument1 Industry Management 
Body 
A - Goods 
1.  Weapons, milit ary equipment and 
technical facilities, ammunition and specialized facilities for the army and 
police; military paraphernalia (including 
badges, medals and insignia of the army and police); accessories, and materials 
and technology used to manufacture the 
former items.  Decree 47-CP dated 12 August 
1996; Decree No. 100-2005-ND-CP.  Ministry of Defence, 
Ministry of Police.  
2.  Drugs of addiction.  Law on Fighting Drugs of 
Addiction, 2000; Decree 
No. 67-2001-ND-CP; Decree 
No. 133-2003-ND-CP.  Ministry of Police.  
3.  List I chemicals (stipulated in 
International Treaties).  Decree No. 100-2005-ND-CP.  Ministry of Industry.  
4.  Products of reactionary culture and 
pornographic products; products serving superstitious purposes or products which 
are harmful to personal development.  Law on Publishing 2004; 
Decree No. 03 -2000-ND-CP.  Ministry of Culture 
and Information; Ministry of Police.  
5.  All types of firecrackers.  Decree No. 03-2000-ND-CP.  Ministry of Police.  
6.  Games and toys which are harmful to the 
personal development and health of children or to the security, order and 
safety of society (including electronic 
games).  Decree No. 03-2000 -ND-CP.  Ministry of Education 
and Training; Ministry of Police.  
7.  Veterinary medicine and plant protection 
agents which are prohibited or not yet 
permitted to be used in Vietnam pursuant 
to the Ordinance on Veterinary Medicine and the Ordinance on Protection and 
Quarantine of Plants.  Ordinance on Veterinary 
Medicine 2004; Ordinance on 
Protection and Quarantine of 
Plants 2001.  Ministry of 
Agriculture and Rural 
Development; 
Ministry of Aquatic Products.  
8.  Rare wild animals and plants (including 
both living animals and processed matter 
taken from animals) on the lists in 
international treaties of which Vietnam is a member, and all types of rare wild 
animals and plants on the lists 
prohibiting their use and exploitation.  CITES Convention; Decree 
No. 32-2006-ND-CP.  Ministry of 
Agriculture and Rural 
Development; 
Ministry of Aquatic Products.  
9.  Aquatic products which are prohibited 
from use; aquatic products containing 
toxic chemicals in excess of the 
permissible limits; and aquatic products containing life-endangering natural 
toxins.  Law on Aquatic Products 
2003.  Ministry of Aquatic 
Products.  
10.  Fertilisers not on the list of fertilisers 
permitted to be manufactured, traded and used in Vietnam.  Decree No. 113-2003-ND-CP.  Ministry of 
Agriculture and Rural Development.  
                                                      
1 If the current legal instrument has been amended, supplemented or replaced, then the amended, 
supplementary or replacing legal instrument applies. WT/ACC/VNM/46 
Page 44  
 
 No. Name of Goods and Services Current Legal Instrument1 Industry Management 
Body 
11.  Plant varieties not on the list of plant 
varieties permitted to be manufactured 
and traded; plant varieties which are 
harmful to manufacture, human health, 
the environment and the ecosystem.  Ordinance on Plant Varieties 
2004.  Ministry of 
Agriculture and Rural 
Development.  
12.  Animal breeding varieties not on the list 
of varieties permitted to be produced and traded; breeding varieties which are 
harmful to human health, animal genetic 
sources, the environment and the ecosystem.  Ordinance on Animal Varieties 
2004.  Ministry of 
Agriculture and Rural Development; 
Ministry of Aquatic 
Products.  
13.  Specially toxic minerals.  Mineral Law 1996; Decree No. 
160-2005-ND-CP.  Ministry of Natural 
Resources and 
Environment.  
14.  Imported scrap causing environmental 
pollution.  Decree No. 175-CP dated 18 
October 1994.  Ministry of Natural 
Resources and 
Environment.  
15.  All types of curative medicine for 
people, all types of vaccine, biological products, cosmetics, chemicals and 
products for the extermination of insects 
and bacteria used in homes and in medicine generally which are not yet 
permitted to be used in Vietnam.  Law on Pharmacy 2005; 
Ordinance on Private Medical and Pharmaceutical Practice 
2003.  Ministry of Health.  
16.  Medical apparatus not yet permitted to be 
used in Vietnam.  Ordinance on Private Medical 
and Pharmaceutical Practice 
2003.  Ministry of Health.  
17.  Foodstuff additives, preservatives which 
assist processing, nutritional substances, functional foodstuffs, high-risk 
foodstuffs, foodstuffs protected by 
radioactive means and foodstuffs containing transformed genes not yet 
permitted by the competent State body.  Ordinance on Safety and 
Hygiene of Foodstuffs 2003.  Ministry of Health.  
18.  Products and materials containing 
ammonium in the amphibole group.  Decree 12-2006-ND-CP.  Ministry of 
Construction.   WT/ACC/VNM/46 
 Page 45 
 
 
 No. Name of Goods and Services Current Legal Instrument1 Industry Management 
Body 
B - Services 
1.  Brothel businesses, organizing 
prostitution, trafficking in women and 
children.  Decree No. 03-2000-ND-
CP.  Ministry of Police.  
2.  Organized gambling in any form.   Decree No. 03-2000-ND-
CP.  Ministry of Police.  
3.  Investigation [private detective] services 
into the secrecy or infringement of State 
rights, or of the rights and legitimate interests of organizations and 
individuals.  Decree No. 14-2001-ND-
CP.  Ministry of Police.  
4.  Marriage broking involving a foreign 
element for profit-making purposes.  Decree No. 68-2002-ND-
CP.  Ministry of Justice.  
5.  Adoption broking services involving a  
foreign element for profit-making  
purposes.  Decree No. 68-2002-ND-
CP.  Ministry of Justice.  
 
 
     
 WT/ACC/VNM/46 
Page 46  
 
 II – List of Goods and Services in which Business is Restricted
 
(Issued with Decree No. 59-2006-ND-CP of the Government dated 12 June 2006)  
No. Name of Goods and Services Current Legal Instrument2 Industry Management 
Body 
A - Goods 
1.  Hunting guns, sports weaponry and 
ammunition, and protective tools and 
equipment.   Decree No. 47-CP dated 
12 August 1996; Decree 
No. 08-2002-ND-CP.  Ministry of Police; 
Ministry of Defence; 
Committee for Sports 
and Physical 
Education.  
2.  Goods containing radioactive substances; 
equipment emitting radiation or radiating 
sources.   Ordinance on Safety and 
Control of Radiation 1996; 
Decree No. 50-1998-ND-
CP.  Ministry of Science 
and Technology.  
3.  Industrial explosiv es; high concentration 
(98.5% or more) ammonium nitrate 
(NH4NO3).  Decree 27-CP dated 
20 April 1995; Decree No. 
02-CP dated 
5 January 1995; Decree No. 08-2002-ND-CP.  Ministry of Industry.  
4.  Types 1 and 2 toxic chemicals (stipulated in 
International Treaties).  Decree No. 100-2005-ND-
CP.  Ministry of Industry.  
5.  Rare wild animals and plants (including both 
living animals and plants and processed matter taken from animals and plants).  CITES Convention; 
Decree No. 32-2006-ND-
CP.  Ministry of 
Agriculture and Rural Development.  
6.  Cigarettes, cigars and all other forms of 
tobacco finished products.  Decree No. 76-2001-ND-
CP and this Decree.  Ministry of Industry; 
Ministry of Trade.  
7.  All types of spirits.  This Decree. Ministry of Industry.  
B - Services 
1. Karaoke and dancing club services.  Decree No. 11-2006-ND-
CP; Decree No. 08-2001-
ND-CP.  Ministry of Culture 
and Information; 
Ministry of Police.  
 
                                                      
2 If the current legal instrument has been amended, supplemented or replaced, then the amended, 
supplementary or replacing legal instrument applies.  WT/ACC/VNM/46 
 Page 47 
 
 
 III – List of Goods and Services in which Business is Subject to Conditions  
(Issued with Decree 59-2006-ND-CP of the Government dated 12 June 2006)  
No. Name of Goods and Services Current Legal Instrument3 Industry Management 
Body 
I.  Goods and services in respect of which a cert ificate of satisfaction of business conditions is 
required: 
A - Goods 
1.  Petrol and oil of all types.  This Decree.  Ministry of Trade.  
2.  Natural gas of all types (including filling and 
storing).  This Decree.  Ministry of Trade.  
3.  Medicine for people.  Law on Pharmacy 2005.  Ministry of Health.  
4.  Foodstuffs on the list of high-risk foodstuffs.  Ordinance on Safety and 
Hygiene of Foodstuffs 
2003; Decree No. 163-2004-ND-CP.  Ministry of Health.  
5.  Veterinary medicine and plant protection 
agents; raw materials for the production of 
veterinary medicine and plant protection agents.  Ordinance on Veterinary 
Medicine 2004; Ordinance 
on Protection and Quarantine of Plants 2001.  Ministry of 
Agriculture and Rural 
Development; Ministry of Aquatic 
Products.  
6.  Antiques, precious objects and national 
treasures.  Ordinance on Cultural 
Relics 2004; Decree No. 92-2002-NDCP.  Ministry of Culture 
and Information.  
7.  Films, tapes and disks (including printing 
and copying).  Decree No . 11-2006-
NDCP.  Ministry of Culture 
and Information.  
8.  Tobacco raw material s.  Decree No. 76-2001-
NDCP.  Ministry of Industry.  
B - Services 
1.  Medical and health services, traditional 
medicine services.  Ordinance on Private 
Medical and 
Pharmaceutical Practice 2003; Decree No. 103-
2003-ND-CP.  Ministry of Health.  
2.  Medicine business services including 
services for preserving and testing medicine.  Law on Pharmacy 2005.  Ministry of Health.  
3.  Veterinary practice.  Ordinance on Veterinary 
Medicine 2004.  Ministry of 
Agriculture and Rural 
Development; 
Ministry of Aquatic Products.  
4.  Disinfecting and sterilizing services.  Ordinance on Protection 
and Quarantine of Plants 
2001.  Ministry of 
Agriculture and Rural 
Development.  
5.  Network installation and provision of 
telecommunications services.  Ordinance on Posts and 
Telecoms 2002; Decree 
No. 160-2004-ND-CP.  Ministry of Posts and 
Telematics.  
6.  Internet access services (ISP).  Decree  No. 55-2001-
NDCP.  Ministry of Posts and 
Telematics.  
7.  Internet connection services  (IXP).  Decr ee No. 55-2001-
NDCP.  Ministry of Posts and 
Telematics.  
8.  Internet applicati on services in posts and 
telecoms (OSP Posts, OSP Telecoms).  Decree No . 55-2001-
NDCP.  Ministry of Posts and 
Telematics.  
                                                      
3 If the current legal instrument has been amended, supplemented or replaced, then the amended, 
supplementary or replacing legal instrument applies. WT/ACC/VNM/46 
Page 48  
 
 No. Name of Goods and Services Current Legal Instrument3 Industry Management 
Body 
9.  Provision of postal services.  Ordinance on Posts and 
Telecoms 2002; Decree 
No. 157-2004-ND-CP.  Ministry of Posts and 
Telematics.  
10.  Domestic and international mail courier 
services.  Ordinance on Posts and 
Telecoms 2002; Decree 
No. 157-2004-ND-CP.  Ministry of Posts and 
Telematics.  
11.  Electricity distribution, wholesale, retail and 
specialized consultancy on electricity.  Law on Electricity 2004.  Ministry of Industry.  
12.  Services for the organization of artistic 
performances.    Decree No . 11-2006-
NDCP.  Ministry of Culture 
and Information.  
13.  Film making co-operative services.  Decree No. 48-CP dated 
17 July 1995;  Ministry of Culture 
and Information.  
14.  Multi-modal international transpor t services.  Decree No. 125-2003-ND-
CP.  Ministry of Transport 
and Communications. 
15.  Services being the design of means of 
transportation.  Decree No. 125-2003-ND-
CP.  Ministry of Transport 
and Communications. 
16.  Insurance services: life insurance, non-life 
insurance, reinsurance, insurance brokerage 
and insurance agency.  Law on Insurance 
Business 2000; Decree 
No. 42-2001-ND-CP; Decree No. 43-2001-ND-
CP.  Ministry of Finance.  
17.  Securities and securities market services: 
brokerage, self-trading, portfolio management, underwriting issues of 
securities, financial and securities investment 
consultancy, registration, depository and 
clearing services, underwriting issues of 
Government bonds and local government bonds; tendering for Government bonds,  
Government guaranteed bonds and local 
government bonds.   Decree No. 141-2003-ND-
CP; Decree No. 144-2003-ND-CP.  Ministry of Finance.  
18.  Labour export services.  Decree No. 81-2003-ND-
CP.  Ministry of Labour, 
War Invalids and 
Social Affairs.  
19.  Legal consultancy services (including giving 
advice and acting as counsel) conducted by Vietnamese lawyers.  Ordinance on Lawyers 
2001; Decree No. 94-2001-ND-CP.  Ministry of Justice.  
20.  Legal consultancy services conducted by 
foreign lawyers.  Decree No. 87-2003-ND-
CP.  Ministry of Justice.  
21.  Seal engraving servi ces.  Decree No. 08-2001-ND-
CP.  Ministry of Police.  
22.  Security services.  Decree No . 14-2001-ND-
CP.  Ministry of Police.  
23.  International travel services.  Law on Tourism 2005.  General Department 
of Tourism.  
II.  Goods and services in which business is subject to conditions but in respect of which a certificate 
of satisfaction of business conditions is not required:  
A - Goods 
1.  Toxic chemicals other than those on the Lists 
stipulated in International Treaties.  Decree No. 100-2005-ND-
CP.  Ministry of Industry.  
2.  Foodstuffs other than those on the List of 
high-risk foodstuffs, raw materials for foodstuffs, additives and preservatives which 
assist in processing.  Ordinance on Safety and 
Hygiene of Foodstuffs 2003; Decree No. 163-
2004-ND-CP; Decree 
No. 59-2005-ND-CP.  Ministry of Health; 
Ministry of Aquatic Products.   WT/ACC/VNM/46 
 Page 49 
 
 
 No. Name of Goods and Services Current Legal Instrument3 Industry Management 
Body 
3.  All types of medical equipment and 
apparatus.  Ordinance on Private 
Medical and 
Pharmaceutical Practice 
2003.  Ministry of Health.  
4.  Fishing equipment and apparatus (including 
raw materials to make fishing equipment and 
apparatus) and equipment to exploit aquaculture.  Decree No . 59-2005-
NDCP.  Ministry of Aquatic 
Products.  
5.  Aquaculture feed.  Decree No . 59-2005-
NDCP.  Ministry of Aquatic 
Products.  
6.  Animal breeding varieties permitted to be 
produced and traded.  Ordinance on Plant  
Varieties 2004; Decree No. 59-2005-NDCP.  Ministry of 
Agriculture and Rural Development; 
Ministry of  
Aquatic Products.  
7.  Animal feed.  Decree 15-CP dated 
19 March 1996.  Ministry of 
Agriculture and Rural 
Development.  
8.  Main plant varieties and rare plant varieties 
which need to be protected and preserved.  Ordinance on Plant  
Varieties 2004.  Ministry of 
Agriculture and Rural Development.  
9.  Fertilisers.  D ecree No. 113-2003-ND-
CP.  Ministry of 
Agriculture and Rural 
Development.  
10.  Building materials.  Law on Construction 
2003.  Ministry of 
Construction.  
11.  Coal.  Mineral Law 1996; Decree 
No. 160-2005-ND-CP.  Ministry of Industry.  
12.  Telecommunications equipment and 
materials (except radio broadcasting and 
receiving).  Ordinance on Posts and 
Telecoms 2002; Decree 
160-2004-ND-CP.  Ministry of Posts and 
Telematics.  
13.  Radio broadcasting an d receiving equipment. Ordinance on Posts and 
Telecoms 2002; Decree 24-2004-NDCP.  Ministry of Posts and 
Telematics.  
14.  All types of machinery, equipment, materials 
and substances having strict requirements 
regarding labour safety and hygiene.  Law on Labour; Decree 
No. 06-CP dated 
20 January 1995; Decree No. 110-2002-ND-CP.  Ministry of Labour, 
War Invalids and 
Social Affairs; Ministry of Health.  
15.  Gold.  Decree No. 174-1999-ND-
CP; Decree No. 64-2003-
ND-CP.  State Bank of 
Vietnam.  
B - Services 
1.  Slaughtering and preliminary processing of 
animals and animal products; preservation 
and transportation of animal products after 
slaughtering.  Ordinance on Veterinary 
Medicine 2004.  Ministry of 
Agriculture and Rural 
Development; 
Ministry of Aquatic 
Products.  
2.  Services regarding plant and animal varieties 
as regulated by the Ordinance on Plant 
Varieties and the Ordinance on Animal 
Varieties.  Ordinance on Plant 
Varieties 2004; Ordinance on Plant Animal 2004.  Ministry of 
Agriculture and Rural Development; 
Ministry of Aquatic 
Products.  
3.  Postal agency services, mail courier agency 
services (including mail courier agency for 
foreign express courier organizations).  Ordinance on Posts and 
Telecoms; Decree 
No. 157-2004-ND-CP.  Ministry of Posts and 
Telematics.  WT/ACC/VNM/46 
Page 50  
 
 No. Name of Goods and Services Current Legal Instrument3 Industry Management 
Body 
4.  Telecomm agency servi ces.  Ordinance on Posts  
and Telecoms 2002; 
Decree No. 160-2004-ND-
CP.  Ministry of Posts  
and Telematics.  
5.  Public internet agency services.  Decr ee No. 55-2001-
NDCP.  Ministry of Posts and 
Telematics.  
6.  Services being distribution of publications.  Law on Publishing 2004.  Ministry of Culture 
and Information.  
7.  Advertising services.  Ordinance on Advertising 
2001; Decree No. 24-
2003-NDCP.  Ministry of Culture 
and Information.  
8.  House leasing servi ces.  Decree No. 08-2001-
NDCP.  Ministry of Police.  
9.  Business services in 10 or more storey 
buildings as hotels, residences or working 
offices.  Decree No . 08-2001-
NDCP.  Ministry of Police.  
10.  Pawn services.  Decree No . 08-2001-
NDCP.  Ministry of Police.  
11.  Printing services.  Decree No . 08-2001-
NDCP.  Ministry of Police.  
12.  Services for making, printing and distributing 
all types of maps not within State 
management authority at the central level.   Decree No . 12-2002-
NDCP.  Ministry of Natural 
Resources and 
Environment. 
13.  Inspection services of all types of machinery, 
equipment, materials and substances having 
strict requirements regarding labour safety 
and hygiene.  Decree No. 06-CP dated 
20 January 1995; Decree 
No. 110-2002-ND-CP.  Ministry of Labour, 
War Invalids and 
Social Affairs.  
14.  Occupational training and consultancy 
services.  Decree No . 02-2001-
NDCP.  Ministry of Labour, 
War Invalids and 
Social Affairs.  
15.  Work and career introduction  services.  Decr ee No. 19-2005-
NDCP.  Ministry of Labour, 
War Invalids and 
Social Affairs.  
16.  Automobile transport services.  Law on Road Transport 
2001; Decree No. 92-2001-NDCP.  Ministry of Transport 
and Communications. 
17.  Rail transport services.  Law on Railways 2005.  Ministry of Transport 
and Communications. 
18. Rail Infrastructure business  
19. Rail transport support services  
20. Urban Rail transport services Law on Railways 2005.  Ministry of Transport 
and Communications. 
21. Services for construction, upgrade, repair and 
recovery of inland watercraft.  
22. Services for handling cargo and servicing 
passengers at port and inland waterways 
23. Inland waterway transport services Law on Inland waterway 
transport Decree No. 21-2005-ND-CP. Ministry of Transport 
and Communications.  WT/ACC/VNM/46 
 Page 51 
 
 
 No. Name of Goods and Services Current Legal Instrument3 Industry Management 
Body 
24. Shipping agency  
25. Oceanic transport Agency 
26. Marine Broking services  
27. Services of supplying sea-going ship. 
28. Services of calculati ng and checking cargo.  
29. Ship towing services  
30. Cargo handling services at seaports.  
31. Ship cleaning services  Decree No. 10-2001-ND-
CP Ministry of Transport 
and Communications. 
32. Oceanic transport services.   
33. Oceanic transport servi ces.  Decree No. 57-2001-
NDCP.  Ministry of Transport 
and Communications. 
34. Customs agency services .  Law on Customs 2001; 
Decree No . 79-2005-
NDCP.  Ministry of Finance.  
35. Accounting services.  Law on Accounting 2003; 
Decree No. 129-2004-ND-
CP.  Ministry of Finance.  
36. Auditing and other related services regarding 
finance, accounting and tax.  Law on Accounting 2003; 
Decree No. 105-2004-ND-
CP.  Ministry of Finance.  
37. Valuation services.  Or dinance on Prices 2002; 
Decree No. 101-1112005-ND-CP.  Ministry of Finance.  
38. Building services as s tipulated in the Law on 
Construction.  Law on Construction 
2003.  Ministry of 
Construction.  
39. Services for foreigners and Vietnamese 
residing overseas to rent houses in Vietnam.   Decree No. 56-CP dated 
18 September 1995; 
Decree No . 08-2001-
NDCP.  Ministry of 
Construction; 
Ministry of Police.  
40. Tourist lodging services  
41. Domestic travel services  
42. Travel Agency 
43. Tourist transportation services  
44. Tourism services within tourism zones, 
tourism sites and tourist centres. 
45. Tour guide services  Law on Tourism 2005. General Department 
of Tourism. 
46. Commercial evaluation services  Commercial Law 2005; 
Degree No. 20-2005-ND-
CP. Ministry of Trade. 
 WT/ACC/VNM/46 
Page 52  
 
 ANNEX 2 
Table 12:  Import Prohibitions (as per August 2006)
 
HS Description Rationa le Legal basis Note 
1207 91 00 Poppy seeds. Materials for  
production of 
opium    
1302 11 00 Opium, anhydrous morphine 
anhydrous content. Materials for  
production of opium   
2402,  
2403 Tobacco, cigarettes, and 
other kinds of manufactured 
tobacco.  Limit the 
consumption of 
cigarettes  Import prohibition to 
be abolished upon 
accession   
2618 00 00 Granulated slag (slag sand) 
from the manufacture of iron 
or steel. Residues causing 
environmental 
pollution    
2619 00 00 Slag, dross (other than 
granulated slag), scalings 
and other waste from the 
manufacture of iron orngs 
steel. Residues causing 
environmental 
pollution    
2620 Ash and residues (other than 
from the manufacture of iron 
or steel) containing metals or 
metal compounds. Residues causing 
environmental 
pollution    
2621 00 00 Other slag and ash, 
including seaweed ash 
(kelp). Residues causing 
environmental 
pollution    
3601 00 00 Propellant powders. Materials for 
production of 
explosives    
8710 00 00 Tanks and other armoured 
fighting vehicles, motorized, 
whether or not fitted with 
weapons, and parts of such 
vehicles. Military equipment    
ex 8711 Motorcycles of a cylinder 
capacity exceeding 175cc. Security and traffic 
safety  Import prohibition to 
be replaced by 
automatic import 
licensing not later 
than 1 June 2007 
ex 8702      8703 
     8704 
     8707 
     8708 
 Right-hand steering vehicles 
(including their components 
and those modified to left-
hand drive ones prior to 
importation into Viet Nam), 
except for specialized right-
hand steering vehicles 
operating in small areas such 
as cranes, trench and canal 
digging machines, garbage 
trucks, road sweepers, road 
construction trucks, airport 
passenger transportation 
buses, fork-lifts used at 
warehouses and ports.       
9301 00 00 Military weapons, other than 
revolvers, pistols and the 
arms of heading 307:  
revolvers, pistols. Military equipment  Decision No. 28/TTg 
dated 13 January 1997 
by PM   WT/ACC/VNM/46 
 Page 53 
 
 
 HS Description Rationa le Legal basis Note 
9302 00 00 Revolvers and pistols, other 
than those of heading 9303 
or 9304. Weapons Decision No. 28/TTg 
dated 13 January 1997 
by PM  
9304  Other arms (for example, 
spring, air or gas guns and 
pistols, truncheons), 
excluding those of heading 
9307. Weapons  Decision No. 28/TTg 
dated 13 January 1997 
by PM  
9305 Parts and accessories of 
Articles of headings 9301 to 
9304. Weapons  Decision No. 28/TTg 
dated 13 January 1997 
by PM  
9306 Bombs, grenades, torpedoes, 
mines, missiles and similar 
munitions of war and parts 
thereof; cartridges and other 
ammunition and projectiles 
and parts thereof, including 
shot and cartridge wads. Weapons  Decision No. 28/TTg 
dated 13 January 1997 
by PM  
9307 Swords, cutlasses, bayonets, 
lances and similar arms and 
parts thereof and scabbards 
and sheaths thereof. Weapons  Decision No. 28/TTg 
dated 13 January 1997 
by PM  
NA Second-hand consumer 
goods, including: 
 
- Textiles and clothes; 
footwear; 
-  Electronic goods; 
-  Refrigerating equipment 
and products; 
-  Household electric 
goods; 
-  Furniture; 
-  Household goods made 
from porcelain, clay, 
glass, metal, resin, 
rubber, plastic, and other 
materials. Product safety Decision No. 28/TTg 
dated 13 January 1997 
by PM  
NA Used materials and 
equipment, including:  
- Used machines, 
structures, inner tires, 
tires, accessories, motors 
of automobiles, tractors, 
2-wheel and 3-weel 
motorbikes; 
- Internal combustion 
engines and machines 
with internal combustion 
engines having capacity 
below 30 CV  
- Bicycles, 2-wheel and 3-
wheel vehicles; Traffic safety Decision No. 28/TTg 
dated 13 January 1997 by PM  
NA Toxic chemicals. 
List published by the 
Ministry of Industry.  Environment 
protection, 
protection of 
human health  Decision No. 28/TTg 
dated 13 January 1997 
by PM  WT/ACC/VNM/46 
Page 54  
 
 HS Description Rationa le Legal basis Note 
NA Garbage and wa ste materials 
which may cause 
environmental pollution and 
epidemics. 
List published by the 
Ministry of Science and 
Technology. Environment 
protection, 
protection of 
human health    
NA Depraved and reactionary 
cultural products  Public morals    
NA Children toys having 
adverse effect in moral 
education, public order and 
security. Public morals and 
social security   
NA Narcotics. Protection of 
human life   
NA Firecrackers (excluding fire 
signal used for maritime 
safety and other purposes as 
stipulated by the Prime 
Minister in the official 
Document No.1383/CP-
KTTS dated 
23 November 1998). Protection of 
human health & life   
NA Right-hand steering vehicles 
(including their components 
and those modified to left-
hand drive ones prior to 
importation into Viet Nam), 
except for specialized right-
hand steering vehicles 
operating in small areas such 
as cranes, trench and canal 
digging machines, garbage 
trucks, road sweepers, road 
construction trucks, airport 
passenger transportation 
buses, fork-lifts used at 
warehouses and ports.    Traffic safety   
NA Asbestos products and 
materials under amphibole group. Protection of 
human health   
NA Specialized encryption 
machines and encryption 
software subject to State 
secret. National security  This restriction shall 
not apply to general, 
commonly traded 
goods equipped with 
encryption 
technology which are 
destined for mass 
consumption 
Note:   NA - Not applicable. 
 
 These products are not allowed to be circulated in the domestic market on a normal commercial basis.  Importation 
for non-commercial purposes might be pe rmitted in excepti onal circumstances. 
 
__________